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Certificate saga: Atiku applies to file fresh evidence against Tinubu at Supreme Court

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Former vice-president and 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 against President Bola Tinubu.

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.

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“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.

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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.

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“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.

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Good morning! Nigerian Newspapers Headlines: Kidnap terror: 30 Kwara kings flee palaces

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1. No fewer than 30 traditional rulers across the southern area of Kwara State have fled their palaces following a sustained wave of kidnappings, killings and violent attacks, Saturday PUNCH has learnt.

Our correspondents gathered from two credible community leaders that the affected monarchs were seeking refuge in urban centres, including Ilorin, Osogbo, Offa, and Lagos.

2. The Emir of Kano, Muhammadu Sanusi II, on Friday raised concerns over the Federal Government’s continued reliance on borrowing despite the removal of petrol subsidy. Speaking during an interview on TV, the former governor of the Central Bank of Nigeria (CBN) warned that weak fiscal discipline could undermine the gains expected from recent economic reforms.

3. President Bola Tinubu on Friday administered the oath of office to Dr Muttaqha Rabe Darma from Katsina State as the new minister of housing and urban development, following his Senate clearance. President Tinubu, at the short ceremony at the State House, congratulated Dr Darma for coming on board at this “very challenging time of national development.

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4. Taiwo Oyedele has officially taken over as Minister of Finance and Coordinating Minister of the Economy following the completion of the handover process by his predecessor, Wale Edun. According to a statement issued on Friday by the Head of Information and Public Relations Unit, Efe Ovuakporie, the handover took place on Thursday, April 23, 2026, in line with a directive from President Bola Ahmed Tinubu.

5. Gunmen have reportedly killed five people, including a traditional ruler, his wife, son and two other residents in Olegabulu community of Agatu Local Government Area of Benue State. Residents said the attack occurred on Thursday night when the assailants, who arrived on two motorcycles, stormed the monarch’s residence and opened fire on him and his family members.

6. A former chairman of the defunct Skye Bank Plc, Tunde Ayeni, has been arrested by the Economic and Financial Crimes Commission over alleged money laundering, misappropriation and diversion of funds amounting to N36.54bn and $30m. It was gathered that Ayeni, who was arrested in Abuja on Thursday, is currently being detained at the commission’s facility.

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7. The Minister of Power, Adebayo Adelabu, resigned from President Bola Tinubu’s cabinet against the wishes of the President who had dissuaded him from quitting, Saturday PUNCH has learnt. Insiders familiar with the back and forth that preceded the resignation told our correspondents on Friday that Adelabu insisted on quitting the cabinet to pursue his governorship ambition in Oyo State.


8. A Kogi State High Court sitting in Lokoja has awarded N1 billion in damages against Senator Natasha Akpoti-Uduaghan in a defamation suit filed by former Kogi State Governor, Yahaya Adoza Bello. Akpoti-Uduaghan has, however, rejected the judgment, declaring her intention to challenge the ruling at the Court of Appeal.

9. President Bola Tinubu on Friday held a closed-door meeting with the Speaker of the House of Representatives, Tajudeen Abbas, and some members of the House at the Presidential Villa, Abuja. It was learnt that the Friday’s meeting, which was not on the President’s official schedule, took place shortly after the lawmakers joined him for Jummah prayers at the State House Mosque.

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10. Benue State Police Command has arrested two suspects in connection with the killing of a National Youth Service Corps member, Ben Agir, who was allegedly mobbed to death by a vigilante group over a motorcycle he reportedly owned. Agir was killed last Sunday night at Major Settlement, near Buruku Local Government Secretariat, in Buruku Local Government Area of the state. He was accused of stealing a motorcycle before being attacked.

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Defamation: Court orders Natasha to pay Yahaya Bello N1bn

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A high court in Lokoja, Kogi state, has ordered Natasha Akpoti-Uduaghan, the senator representing Kogi central, to pay N1 billion in damages to former governor of Kogi, Yahaya Bello, over defamatory comments.

In a judgement delivered on Thursday, April 23, A.S. Ibrahim, the presiding judge, held that the claimant proved his case on the balance of probabilities.

The suit, marked HCL/16/2023, centred on comments made by Akpoti-Uduaghan during an appearance on The Morning Show, a programme on Arise TV, on November 4, 2022.

The judge ruled that the statements, in which Bello was described as a ‘murderer, killer, perpetrator of evil acts, and a terror to the people of Kogi state”, were defamatory and not justified.

“The interview granted by the defendant on 4/11/2022 on Arise TV programme ‘The Morning Show’ is defamatory to the claimant’s character and reputation,” the judge held.

“The said interview of 4/11/2022, in which the defendant described the claimant as a murderer, killer, perpetrator of evil acts, and a terror to the people of Kogi state, was without justification.”

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The judge also issued a perpetual injunction restraining Akpoti-Uduaghan, her agents or associates from making further defamatory statements against Bello on television or radio.

“The sum of one billion naira is awarded as damages against the defendant and in favour of the claimant,” the judge ruled.

Bello had filed the suit, alleging that the statements damaged his reputation.

During proceedings, Johnson Usman, counsel to the defendant, challenged the jurisdiction of the court, arguing that the suit constituted an abuse of court process.

Friday Ekpa, counsel to Bello, opposed the objection, maintaining that related cases before the Federal Capital Territory (FCT) high court did not involve Bello in his personal capacity.

Earlier during the trial, the Kogi high court ruled that it had jurisdiction to hear the case.

The decision was later affirmed by the court of appeal, which dismissed Akpoti-Uduaghan’s appeal for lacking merit.

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Alleged N36bn, $30m fraud: EFCC arrests ex-Skye Bank chair Tunde Ayeni

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The Economic and Financial Crimes Commission (EFCC) has arrested businessman and former chairman of the defunct Skye Bank Plc, Tunde Ayeni, over an alleged multi-billion naira fraud.

According to a report by TheCable, Ayeni was arrested in Abuja on Thursday and is currently in EFCC custody as investigations continue.

The anti-graft agency is probing the alleged diversion and misappropriation of funds estimated at N36.5 billion and $30 million, said to have been obtained from Polaris Bank Plc through companies linked to him.

According to sources, the funds, secured as loans for specific projects, were diverted to other accounts and used for other purposes.

The loans – originally meant for financing marine security, electricity distribution contract, estate development, were allegedly channelled into the acquisition of telecom assets linked to NITEL/MTEL through a NATCOM account.

The commission is also investigating about 12 companies linked to Ayeni, which were allegedly used to obtain the loans from Polaris Bank.

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Ayeni is expected to be arraigned upon the conclusion of investigations.

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