In a recent interview with the News Agency of Nigeria, Senior Advocate of Nigeria (SAN) Paul Erokoro shed light on the complexities surrounding the process of tendering additional evidence at the Supreme Court. Erokoro emphasized that this task is an uphill battle, citing the stringent rules governing the admission of fresh evidence at the apex court.
Erokoro explained that while the general rule discourages the submission of additional evidence at the Supreme Court, it is not entirely forbidden. He pointed out that there are two crucial hurdles to overcome for such evidence to be admissible.
“The first hurdle is that the evidence must be extremely material to the resolution of the case’s issues,” Erokoro stated. “The second requirement is that this evidence could not have been obtained during the trial at the lower court through reasonable diligence.”
The senior lawyer clarified that these rules are largely derived from case laws, as the Evidence Act does not explicitly address these provisions. He also noted that the Supreme Court’s jurisdiction to admit additional evidence is limited by time constraints. In election petition cases, for example, the court must conclude proceedings within 180 days, making it challenging to admit evidence after this period has expired.
Erokoro further explained that the Supreme Court has a 60-day timeframe to hear and conclude election-related matters. This time constraint restricts the court’s ability to admit additional evidence, as its jurisdiction is primarily focused on the appeal itself and not the introduction of new evidence.
Regarding the possibility of reviewing already decided cases, Erokoro stated that while the grounds for review are not specifically defined by law, they are based on universal trial principles. These grounds include issues related to due process, admission of admissible evidence, fairness to both parties, lower court errors in applying the law, and more.
Erokoro also commented on recent reports suggesting that Alhaji Atiku Abubakar, the Peoples Democratic Party presidential candidate, intends to submit new evidence at the Supreme Court. He expressed caution, stating that the situation was speculative and depended on whether the documents presented met legal requirements and could withstand scrutiny.
Alhaji Atiku Abubakar recently sought the Supreme Court’s permission to introduce additional evidence related to President Tinubu’s alleged submission of a forged certificate to the Independent National Electoral Commission. The documents in question are Tinubu’s academic records, obtained from Chicago State University in the United States.
The 32-page documents were released to Atiku on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, U.S., on Monday, October 2, 2023.