In a recent ruling by Justice Nancy Maldonado of the United States Court, it has been confirmed that the Supreme Court of Nigeria possesses the mechanism to consider new evidence under “exceptional circumstances.”
This significant decision comes in response to President Ahmed Tinubu’s objection to presenting documents from Chicago University as evidence in Alhaji Atiku Abubakar’s case.
The US court emphasized that President Tinubu failed to provide any testimony or evidence indicating that the Court of Appeal’s decision somehow prevented the Supreme Court of Nigeria, in its discretion, from considering new arguments and evidence under “exceptional circumstances.”
It was noted that President Tinubu, in fact, conceded this procedural mechanism before Judge Gilbert and did not dispute its existence.
The court further clarified that President Tinubu’s suggestion that the evidence “cannot be considered under any circumstances” is unsupported by the record, highlighting that the US court cannot speculate on Nigerian law and procedure.
However, it recognized the undisputed existence of a mechanism allowing Mr. Abubakar to potentially introduce the requested discovery into foreign proceedings. The decision regarding whether the Supreme Court of Nigeria will accept these documents or consider them in its decision lies within the jurisdiction of that court.
The court stressed the undeniable significance of the discovery and the crucial issues at stake. It acknowledged that Chicago State University (CSU) is the sole source of the sought-after information concerning President Tinubu’s diploma and education, with no alternative means for Mr. Abubakar to access it.
Based on Rule 26 considerations and the paramount importance of the discovery, the court supported the request for discovery. It affirmed that it would not obstruct the flow of discovery when it is within the possession of a US institution, especially given CSU’s readiness to provide it. The court concluded that Mr. Abubakar’s interest in the discovery outweighs President Tinubu’s privacy concerns.
Considering these factors, the court found that the discretionary factors support granting Mr. Abubakar’s application. It also noted that President Tinubu did not specifically object to the scope of the discovery requests and that the requests were appropriately tailored to seek relevant information.
In conclusion, the US court overruled President Tinubu’s objections and adopted Judge Gilbert’s ruling in full. Mr. Abubakar’s Application for discovery was granted. An expedited schedule was set for completion of discovery, aligning with the pending Supreme Court of Nigeria deadline.
CSU was directed to produce relevant documents and complete the deposition, ensuring compliance with the established timeline.
