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A legal luminary, Mr Paul Erokoro, SAN, says tendering additional evidence at the Supreme Court is an uphill task that requires a great deal of effort.Erokoro made the remark on Sunday in Abuja in an interview with Newsmen on the type of evidence that can be admitted at the Supreme Court.“The general rules is that additional evidence at the Supreme Court or any Court of Appeal is not encouraged at all, but that doesn’t mean that it is totally forbidden.
On whether there are provisions in the constitution allowing a party to tender additional evidence at the apex court, the senior lawyer said: “Most of these rules are case laws and the Evidence Act does not specifically make these provisions.”“In the case of election petition, the constitution requires that the proceeding be concluded within 180 days at the election tribunal which, in the case of the presidential election, is the Court of Appeal.
“This is because it may not meet the jurisdictional requirement which is that a court which has jurisidtcion to do it, will it have done it at this time? “The fact that the Supreme Court has only two months within which to hear the appeal will not revive the jurisdiction of the trial court,” he added.
“But outside that, the Supreme Court, generally, doesn’t like to admit additional evidence because it is not fair to the trial court which did not hear that.
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