CityNews understands that Atiku who came second in the 2023 presidential election approached the apex court over the discrepancies in the records of President Tinubu obtained from Chicago State University (CSU).
The former Vice President is also challenging the ruling of the Presidential Election Petition Tribunal which struck out his petition against Tinubu’s victory.
Afolabi described Atiku as being on a wild goose chase while reacting to Atiku’s press conference following the release of Tinubu’s academic record.
Afolabi in an interview with Premium Times said there is nothing in the records of Tinubu to back up the allegations that it was forged.
The lawyer said, “There is nothing in the record to back up such an allegation. He who alleges must prove. It behoves Alhaji Atiku Abubakar and his lawyers to prove beyond reasonable doubt that the document was forged and they failed in that regard. Suspicion is not the same thing as proof beyond reasonable doubt.
“Alhaji Atiku is on a wild goose chase and he and his lawyers know it. Under the provisions of the Electoral Act, there are no provisions for the introduction of fresh evidence on appeal. In a regular civil appeal, you can introduce fresh evidence but before you’re allowed to do so, you must show that the evidence you’re trying to introduce was otherwise not available at the time the lawsuit was instituted.
“The President submitted his diploma to INEC in June 2022; elections were held in February 2023. He filed his petition in March 2023. He did not approach the US District Court until August 2023.
“Even if it were a regular civil matter, what do you think would have been the attitude of the court?”
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