Atiku applies to file fresh evidence against Tinubu
The presidential candidate of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar, has applied for leave of the Supreme Court to file what he termed as fresh evidence.
Atiku, in the motion he filed through his team of lawyers led by Chief Chris Uche, SAN, said the evidence he is seeking to tender before the apex court, would establish his allegation that President Tinubu of the ruling All Progressives Congress, APC, submitted forged documents to the Independent National Electoral Commission, INEC, in aid of his qualification to participate in the presidential election that held on February 25.
The former Vice President maintained that President Tinubu, by his action, committed a twin offence of forgery and perjury, and therefore deserved to be sacked from office by the Supreme Court.
Specifically, Atiku, sought the leave of the court to tender Tinubu’s academic records which he said were handed over to him by the Chicago State University, CSU, on October 2, 2023.
According to the motion, the 32 paged documents, were released by the CSU on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, United States of America.
Atiku predicated his motion for leave to file fresh evidence against Tinubu, on Order 2, Rule 12(1) of the Supreme Court Rules 1985, Section 137(1) of the 1999 Constitution, as amended, as well as the inherent jurisdiction of the apex court as encapsulated in section 6(6)(a) of the 1999 Constitution.
Though the application was dated October 5, however, Atiku’s legal team perfected the filing process on Friday night.
The PDP flag-bearer basically prayed the court for an order, granting him leave, “to produce and for the court to receive fresh and additional evidence by way of deposition on oath from the Chicago State University for use in this appeal to wit: the certified discovery deposition made by Caleb Westberg on behalf of Chicago State University on October 3, 2023, disclaiming the certificate presented by the 2nd respondent, Bola Ahmed Tinubu to the Independent National Electoral Commission.”
He equally prayed the apex court to “receive the said deposition in evidence as exhibit in the resolution of this appeal,” and to further make order or orders the apex court may deem fit to make in the circumstances of the case.
The application was predicated on 20 grounds, among which included a claim that the deposition sought to be adduced along with its accompanying documents, “would have important effect in the resolution of this appeal.”
“The deposition is relevant to this matter, having confirmed that the certificate presented by the 2nd Respondent to the Independent National Electoral Commission (INEC) did not emanate from Chicago State University, and that whoever issued the certificate presented by the 2nd Respondent, did not have the authority of the Chicago State University, and that the 2nd Respondent never applied for any replacement certificate nor was he issued any replacement certificate by the Chicago State University.
“The deposition which is on oath and deposed to in the presence of the 2nd Respondent’s Attorney is credible and believable, and ought to be believed.
“The deposition is clear and unambiguous, and no further evidence is needed to be adduced on it.
“The evidence is such that could not have been obtained with reasonable diligence for use at the trial, as the deposition required the commencement of the suit in the United States of America before receiving same. It was not possible to obtain the said evidence before the trial at the Court below.
“The deposition was made on October 03, 2023 after the conclusion of trial at the Court below, and was not available to be tendered at the trial,” Atiku averred.
He contended that “the presentation of a forged certificate to the independent National Electoral Commission by a candidate for election to the office of President of the Federal Republic of Nigeria, is a weighty constitutional matter, requiring consideration by the Courts as custodians of the Constitution.”
Atiku’s lawyer, Uche, SAN, stated that the original certified deposition from the CSU, had since been forwarded to the Supreme Court by a letter that was addressed to the Chief Registrar of the court.
More so, in a 20 paragraph affidavit that was attached in support of the appeal marked: SC/CV/935/2023 with petition number: CA/PEPC/05/2023, the deponent, one Uyi Giwa-Osagie, who is a legal practitioner, averred that the certificate President Tinubu presented to INEC in support of his qualification to contest the presidential election, was earlier tendered in evidence before the Presidential Election Petition Court, PEPC, and was marked as Exhibit PBDlB.
He attached a copy of the said certificate that was admitted in evidence by the PEPC in the appeal before the Supreme Court as Exhibit “E”.
Giwa-Osagie added that the same document was tendered with the deposition in the USA and that at the trial, a certificate obtained from the Chicago State University was also tendered in evidence as exhibit PBE4.
He also annexed the document as exhibit “G”.
“That the deposition is a relevant piece of fresh evidence explaining the status of the certificate the 2nd Respondent presented to INEC in support of his qualification to contest the election,” Giwa-Osagie added.
Atiku’s legal team said they would during the hearing at the Supreme Court, rely on the Record of Appeal already transmitted.
“My Lords, we most humbly adopt the facts as presented in the supporting affidavit, and same will be referred to in the course of the argument,” Atiku’s lawyer added, insisting that the apex court has the power, jurisdiction and discretion to grant an application for fresh or additional evidence to be adduced on appeal.
“Order 2 Rule 12 (7), (2) and (3) of the Supreme Court Rules provide as follows:
(1) A party who wishes the Court to receive the evidence of witnesses (whether they were or were not called at the trial) or to order the production of any document, exhibit or other thing connected with the proceedings in accordance with the provisions of Section 33 of the Act, shall apply for leave on notice of motion prior to the date set down for the hearing of the appeal.
“The application shall be supported by affidavit of the facts on which the party relies for making it and of the nature of the evidence or the document concerned.
“lt shall not be necessary for the other party to question the additional evidence intended to be called but if leave is granted the other party shall be entitled to a reasonable opportunity to give his own evidence in reply if he so wishes.
“My Lords, we submit that the requirements for the grant of applications to adduce fresh or additional evidence on appeal have been established by this Honourable Court in a plethora of cases, and they are as follows:
“It must be shown that the evidence sought to be adduced in evidence could not have been obtained with reasonable diligence for use at the trial.
“The fresh evidence must be such that if given, it would probably have an important effect on the result of the case, although it need not be decisive; and
“The evidence must be such as is presumably to be believed, in other words it must be apparently credible,” Atiku’s lawyer, Uche, SAN, argued.
Besides, he contended that in line with plethora of cases that were previously determined by the Supreme Court, the only requirement from the court was for it to do justice, fairly, equitably and justly.
“We humbly submit that the grant of the present application will certainly be in furtherance of the course of justice in this matter.
“This is a case in which the 2nd Respondent was returned purportedly as the winner of the said election to the office of the President of the Federal Republic of Nigeria, and the Appellants/Applicants have amongst other grounds, challenged the election of the 2nd Respondent on the ground of his qualification to contest the said election and more especially on the basis that the 2nd Respondent’s presented a forged document to the INEC.
“The Appellants/Applicants have also in their appeal challenged the striking out of their pleadings raising the issue of qualification of the 2nd Respondent to contest the said election.
“The evidence required to establish that the certificate presented by the 2nd Respondent to the 1st Respondent in support of his qualification to contest the said election is the deposition from the Chicago State University, which deposition did not become available until after the determination of the case by the lower Court.
“The said evidence is now available, and forwarded to this Honourable Court”.
“We submit that the Appellants/Applicants have successfully explained the delay and difficulties in obtaining the said evidence earlier than now, and all the necessary steps taken to obtain the evidence and to present same to this Honourable Court.
“We submit that a successful proof of the said allegation will render the 2nd Respondent unqualified to have contested the said election ab initio for presentation of forged certificate to the Independent National Electoral Commission (INEC) pursuant to the provisions of Section 137(1)(j) of the Constitution, being a weighty matter of constitutional importance,” Uche, SAN, added.
He equally argued that the Supreme Court had in the case of Saleh vs Abah, 2017, held thus: “The intention of the Constitution is that anyone who had presented a forged certificate to INEC should stand automatically disqualified for all future elections if, as in this case, a Court or tribunal finds the certificate to have been forged, and it matters not whether or not such fact is further fraudulently or desperately concealed in subsequent elections or declaration forms.
“No decent system or polity should condone, or through judicial policy and decisions, encourage the dangerous culture of forging certificates with impunity to seek electoral contest.”
Atiku’s team maintained that “a weighty constitutional issue” as the one raised in the case against Tinubu, was “akin to a jurisdictional issue which is so fundamental and important that it can be raised at any time and in any manner in the course of the proceedings or on appeal.
“We pray this honourable court to resolve this issue in favour of the Appellants/Applicants and grant this Application,” Atiku’s lawyer added.
Meantime, the Supreme Court is yet to fix a date for the motion to be heard.
Kalu Kalu, one of the lawyers to Atiku Abubakar, the presidential candidate of the Peoples Democratic Party, says the legal battle in the United States has revealed sufficient discoveries to upturn the ruling of the Presidential Election Petition Tribunal at the Supreme Court.
Mr Kalu, during the press briefing held by Atiku on Thursdays in Abuja, said the legal team discovered five major discrepancies in the academic records of President Bola Tinubu during the deposition of the Registrar of Chicago State University (CSU), Caleb Westberg.
The lawyer said the Atiku’s team was able to establish that Mr Tinubu committed forgery, has dual citizenship, and presented an NYSC certificate that has a different name from the one he submitted to INEC.
“One, on the certificate issued or released by Chicago State University to the lawyers of Alhaji Atiku Abubakar— Bola Ahmed Tinubu forged the certificate he presented to INEC.
“Two, that the qualifying certificate from Southwest College to Chicago State University bears a female, therefore, the document does not belong to Bola Ahmed Tinubu.
“The Chicago State University admission form has a claim that Bola Ahmed Tinubu attended Government College, Lagos, and graduated in 1970, when indeed that school was established in 1974.
“The same document has it that the owner of that document is a black American, and (in) the document Bola Ahmed submitted to INEC, he denied having dual citizenship, which means it does not belong to him.
“Then, the same document, under deposition, says the “A” in Bola A. Tinubu is Ahmed, but the NYSC certificate Tinubu submitted to INEC says the “A” is Adekunle,” he said.
Atiku had requested the documents from CSU to back his allegation of certificate forgery against Mr Tinubu, the candidate of the All Progressives Congress (APC) in the February poll.
The allegation of forgery was one of those dismissed by the Presidential Election Petition Court in the suit Atiku filed to challenge the election of Mr Tinubu who was sworn in as president in May.
CSU Registrar, Mr Westberg, made a deposition at the court, giving further details on the documents that were released to Atiku’s legal team earlier.
SERAP wants court to stop Akpabio, others from collecting salaries, pensions as senators
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Senate President, Godswill Akpabio and nine other former governors in the 10th Senate over their collection of both salaries and pensions as senators.”
Joined in the suit as Respondents are the following senators and minister: Abdulaziz Yari; Aminu Tambuwal; Adamu Aliero; Adams Oshiomole; Ibrahim Gaidam; Seriake Dickson; Ibrahim Dankwambo; Aliyu Wammako; Gbenga Daniel, and Dave Umahi.
In the suit number FHC/ABJ/CS/1360/2023 filed last Friday at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus to direct and compel Mr Akpabio, nine other senators and Mr Umahi to stop collecting both salaries and pensions, and to return any pensions collected to their respective state treasuries.”
SERAP is seeking: “an order of mandamus to direct and compel Mr Akpabio, nine other senators and Mr Umahi to clarify and disclose if they have collected and/or currently collecting both salaries and pensions as former governors.”
SERAP is also seeking: “an order of mandamus to direct and compel Mr Akpabio, nine other senators and Mr Umahi to disclose the details and amounts of the pensions so far received by them.”
In the suit, SERAP is arguing that: “The Seventh Schedule to the Nigerian Constitution 1999 (as amended) requires the former governors to stop collecting both salaries and pensions and to return any pensions collected.”
SERAP is arguing that, “Unless the reliefs sought are granted, the former governors would continue to both enjoy life pension packages, and collect salaries as serving public officers, and the travesty and private self-interest would continue.”
SERAP is also arguing that, “It a fundamental breach of their fiduciary duties for former governors to collect both salaries and pensions. The alleged collection by former governors of double emoluments is detrimental to the public interest.”
According to SERAP, “Collecting pensions as former governors and salaries while serving as public officers is a flagrant violation of the letter and spirit of the Nigerian Constitution and the public trust.”
SERAP is also arguing that, “It is a travesty for former governors to be looking after themselves while over 137 million Nigerians are living in extreme poverty exacerbated by the removal of fuel subsidy.”
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Ms Valentina Adegoke, read in part: “The UN Convention against Corruption requires public officials to discharge a public duty truthfully and faithfully.”
“The UN Convention also implicitly prohibits large severance benefits for public officials. The convention specifically in article 8 requires public officers to promote integrity and responsibility in the management of public resources.”
“Paragraph 2 (a) of the Code of Conduct for Public Officers in the Fifth Schedule, Part 1 of the Nigerian Constitution provides in part: ‘a public officer shall not receive or be paid the emoluments of any public office at the same time as he receives or is paid the emoluments of any other public office.’”
“Justice Oluremi Oguntoyinbo in a landmark judgment dated 26 November, 2019 also indicated that double emoluments for former governors are unacceptable, unconstitutional and illegal.”
“Constitutional oath of office requires public officials including former governors in the Senate and serving as ministers to abstain from all improper acts, including collecting life pensions. A false oath lacks truth and justice. The oath statements require the oath takers to commit to uphold and defend the Constitution.”
“According to reports, there are fourteen former governors in the Senate and as ministers who may be collecting pensions running into billions of naira from their states. The former governors include: Godswill Akpabio (Akwa-Ibom State); Adams Oshiomhole (Edo State); Adamu Aliero (Kebbi State); Dave Umahi (Ebonyi State); Aminu Tambuwal (Sokoto State); and Abubakar Sani Bello (Niger State).”
“Others are: Ibrahim Danwkambo (Gombe State); Danjuma Goje (Gombe State); Abdulaziz Yari (Zamfara State); Gbenga Daniel (Ogun State); Aliyu Wammako (Sokoto State); Orji Kalu (Abia State); Ibrahim Gaidam (Yobe State); and Seriake Dickson (Bayelsa State). Also, there are at least seven former governors in President Bola Tinubu’s cabinet who may be collecting both salaries and pensions.”
“The states currently implementing life pensions for former governors reportedly include Akwa-Ibom, Abia, Edo, Jigawa, Niger, Kebbi, Kano, Ogun, Sokoto, Jigawa, Cross River, Ebonyi, Enugu, Benue, Gombe, Yobe, Taraba, Kaduna, Plateau, Katsina, Rivers, and Delta.”
“Under Akwa Ibom Life Pension law [as amended] a former governor is entitled to an annual pay of N200 million, two official vehicles with chauffeurs, furniture allowance of 300 per cent of basic salary replaceable every four years, an aide, a cook, and lifetime security guards worth N5 million monthly, and N2.5 million for their deputies.”
“There is also state-sponsored annual medical service of about N100 million for ex-governors and their spouses and N50 million for the ex-deputy governors, five-bedroom mansions in Abuja and Akwa Ibom.”
“Other benefits include: 300% annual basic salary as ‘severance gratuity’, 300% of annual basic salary for ‘car maintenance’; 100% of annual basic salary for ‘entertainment’; and 100% of annual basic salary for ‘utility.’”
“In Abia State, a former governor is entitled to 100 per cent of the salary of the incumbent. Benefits for former governors include an official car, a police orderly, two operatives of two police men for the security of his house and allowances for cooks, stewards, driver and gardener.”
“In Gombe State, there is N300 million executive pension benefits for the ex-governors. Ex-governor and deputy governor are also entitled to a 30-day paid travel expenses annually to any country of their choice alongside their wives.”
“A former governor is also entitled to two utility cars, while his deputy is entitled to one car to be replaced periodically. Both the governor, deputy governor and their wives are entitled to paid medical treatment at home or abroad.”
“In Sokoto State, former governors and deputy governors are to receive N200m and N180m respectively being monetization for other entitlements which include domestic aides, accommodation and vehicles replaceable every four years.”
“According to the 2013 life pension law, the pension should be charged upon the consolidated revenue fund of the state. Former governors and their deputies are also entitled to other privileges, such as free medical treatment anywhere for themselves, their spouses and biological children, and the payment of all their utilities.”
“Under the life pension law in Jigawa, former governors are entitled to the same salary as the incumbent, two vehicles replaceable every four years, a six-bedroom apartment, furnished office, two personal assistants, and two drivers.”
“In Edo State, former governors and their deputies are entitled to a house in any location of their choice, pension for life at 100 per cent of their last salary, three brand new cars after five years, drivers, domestic members of staff, medical bills for them and their immediate families, amongst many other benefits.”
No date has been fixed for the hearing of the suit.
Kolawole Oluwadare
SERAP Deputy Director
8/10/2023
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202
God will restore our dear state and put it on the inexorable path of true greatness when we both take over the reins of government shortly
Omo-Agege To Osanebi On His Birthday: You Are A Bold Change Agent
Former Deputy President of the Senate, Senator Ovie Omo-Agege, has described Rt. Hon. Friday Osanebi, his running mate in the March 18, 2023 gubernatorial election in Delta State, as a bold change agent that is always prepared to sacrifice personal comfort in the fight for a better society.
In a goodwill message to celebrate the one-time Deputy Speaker of the Delta State House of Assembly on his birthday, Omo-Agege described Osanebi as a pride to the youth as he is always unwavering in his fight for responsive governance in Delta State.
The former Deputy Senate President who is gunning for governorship of Delta State under the All Progressives Congress (APC) alongside Osanebi noted in the message personally signed by him, that Osanebi is a leader that will not hesitate to sacrifice his personal comfort for a higher cause.
“In our campaign to rescue Delta State from years of the locust under the Peoples Democratic Party (PDP), a cause which, by the grace of God will be realised, Rt. Hon. Osanebi displayed uncommon passion, boldness and fighting spirit. These are attributes of a man truly committed to the enthronement of a better society. It is a cause we share deeply and, ultimately, God will restore our dear state and put it on the inexorable path of true greatness when we both take over the reins of government shortly”, Omo-Agege stated.
“I pray that our people, especially the younger generation will draw inspiration from your commitment to building a great Delta State. Happy birthday, my dear brother.”
Signed:
Sunny Areh
Media Adviser to Senator Ovie Omo-Agege
STATE HOUSE PRESS RELEASE
PRESIDENT TINUBU CELEBRATES MINISTER OF SOLID MINERALS, DELE ALAKE, ON 67TH BIRTHDAY
President Bola Tinubu extols the virtue of his long-time ally, confidant, and present Minister of Solid Minerals Development, Hon. Dele Alake, on the occasion of his 67th birthday.
The President cherishes Hon. Alake’s patriotism and unwavering dedication to service, as well as the close relationship they have shared over the span of four decades.
President Tinubu reflects on the long journey they have embarked upon together, from the Minister’s days as Editor of the National Concord to his tenure as the Commissioner for Information and Strategy in Lagos State during the President’s service as the Executive Governor of Lagos State from 1999 to 2007, all the way through to their most recent and extraordinary journey into the State House.
“Through it all, Dele has proven to be a partner and worthy brother,” the President declares.
President Tinubu affirms that Hon. Dele Alake possesses uncommon versatility and strength of character that leaves a lasting impression on everyone he encounters, imparting the true essence of loyalty, trust, respect, and empathy.
The President thanks the accomplished public servant for his loyalty over the years, both in times of triumph and in times of difficulty.
President Tinubu looks forward to many more years of great memories, successes, and continued camaraderie.
As the beloved celebrant embarks on a new chapter of service to our nation, the President joins family, friends and well-wishers at home and abroad in offering heartfelt prayers, seeking divine guidance and success for the Honourable Minister in his new assignment.
Chief Ajuri Ngelale
Special Adviser to the President
(Media & Publicity)
October 6, 2023
Press Statement
October 06, 2023
Kogi 2023: Dino Melaye Opens Platform for Sacked Workers to Register Complaints
The Peoples Democratic Party (PDP) candidate in the November 11, 2023 Kogi State governorship election, Senator Dino Melaye, has officially opened a platform for all the workers of Kogi State who were unjustly sacked by the outgoing administration of Governor Yahaya Bello.
Senator Melaye, who revealed this action during his interface with Council of Ulama in Lokoja Local Government on Thursday, promised to review the cases of all those who were summarily relieved of their duties and unjustifiably thrown into the labour market.
According to him, the existential challenges in the state became heightened when the means of livelihood of many Kogites were lost, half salaries became the order of the months and the economy of the state, which was built around the civil service earnings, was paralyzed.
He assured the members of the Council of Ulama and the people of Kogi State that all the cases inputed to the platform would be reviewed and “there shall be justice.”
“The moment we are elected into office and sworn-in, insha Allah, percentages salaries will become history, promotion without cash-backing will end and every worker in this state will get their dues as and when due,” he further assured.
Lamenting the situation of the state, Senator Melaye recalled that many of the workers lost their lives while being invited for screening, pensioners are denied their benefits even as ordinary responsibilities of government like provision of water supply have been stopped.
He urged the sacked workers, including the lecturers of the state university, to enter their complaints in the platform created for the purpose of ensuring that they get justice.
Signed:
Prince Inuwa Iyodo
Director-General,
Dino/ Habiba Campaign Council
Uduaghan calls Ebie, Ogbuku, others perfectionist, urges support for NDDC Board
Business mogul, Chief Emmanuel Oritsejolomi Uduaghan, on Wednesday applauded President Bola Tinubu for the wisdom and appropriateness in the appointment of Mr Chiedu Ebie, Samuel Ogbuku and other Board members of the Niger Delta Development Commission (NDDC).
‘’The Niger Delta Development Commission (NDDC) is the hope of the Niger Delta people and the future of the region rest primarily in the hands of Mr Chiedu Ebie, Samuel Ogbuku and other Board members’’.
In congratulatory message to Ebie, Ogbuku and others on the occasion of the inauguration of NDDC Board, Uduaghan called Ebie, Ogbuku and others perfectionist and catalyst for change.
“Years of experience make Ebie, Ogbuku and other members of the new board suited to serve the region at this time”.
Titled ‘’ Right set of people in NDDC’’, Uduaghan said Tinubu, in appointing Ebie, Ogbuku and others, has chosen leaders of huge experience and efficiency to serve the people of the Niger Delta region.
He commended the president for inaugurating the board.
The Warri High Chief urged the good people of the Niger Delta to encourage the Bola Tinubu led All Progressives Congress (APC) government in its efforts to develop the region.
He called on the new board to work harder to meet the expectations of the people.
‘’ The task demands the highest standards possible’’.
Uduaghan who is also the Alema of Warri Kingdom and Chief Executive Officer (CEO), Webster Group of Companies underscored Tinubu’s vision and selfless service to mankind.
Mr Chiedu Ebie, (Delta State) was appointed Chairman by President Tinubu; Dr Samuel Ogbuku – Managing Director / CEO (Bayelsa State), and Mr Boma Iyaye – Executive Director (Finance and Admin) – Rivers State
Others are Mr Victor Antai – Executive Director (Projects) – Akwa-Ibom; Mr Ifedayo Abegunde – Executive Director (Corporate Services) – Ondo and Sen. Dimaro Denyanbofa – State Representative – Bayelsa
Also, Mr Abasi Nkono (Akwa Ibom State Representative); Hon. Monday Igbuya (Delta State Representative) and Chief Tony Okocha (Rivers State Representative).
Hon Patrick Aisowieren ( Edo State Representative), Mr Kyrian Uchegbu (Imo State Representative) and Hon Otito Atikase – (Ondo State Representative).
Chief Dimgba Eruba (Abia State Representative; and Rt. Hon. Orok Otuk Duke (Cross River State Representative).
The three zonal members of the board are Hon. Nick Wende – Zonal Representative – North Central; Hon. Namdas Abdulrazak – Zonal Representative – North East; and Sen. Ibrahim Abdullahi Gobir – Zonal Representative – North West.
Ending the message, Uduaghan said ‘we look forward to working with the Chairman, Managing Director and other NDDC Board members on developing the region’’.