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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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Troops kill ISWAP commanders, two Arab fighters in Borno

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The gallant troops of the Nigerian Army have killed Abu Hajara, a high-profile member of the Islamic State West Africa Province (ISWAP) Shura Council, and Abul Walid, a prominent commander and close associate of Ba Shuwa, the group’s overall Wali (leader).

In astatement issued on Sunday, the acting media information officer of Operation Hadin Kai, Mohammed Goni, said that two other high-ranking Arab fighters were also killed during the engagement in Kukawa LGA of Borno state on October 31.

Goni said the attack came three days after troops killed 55 terrorists, including three key commanders.

“Combined troops of Joint Task Force deployed in Kukawa defeated massive ISWAP terrorists attack on their locations and troops utilised both ground and air assets from the air component,” the statement reads.

“Following the engagement, troops recovered scores of arms, ammunition and communication devices.

“The successful engagement further demonstrates the combat readiness, vigilance and superior firepower of Operation HADIN KAI troops in sustaining pressure on terrorist elements across the theatre.

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“The attack on troops location at Kukawa comes barely 3 days after Buni Yadi attack where as at date 55 terrorists were neutralised including key commanders such as Ali Mandara Abba Gajiri (Munzir), Habu Ikkima Nakif Yana Faruk and Commander Gogore.”

Goni described the killing of the ISWAP fighters as a “significant blow to the leadership and operational capability” of the group.

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Jailed Osun monarch drags Adeleke to court over plan to replace him

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Dethroned Oba Joseph Oloyede, Apetumodu of Ipetumodu in Osun State, who is presently serving jail time in the United States of America for offences bordering on fraud, has dragged the Osun State Governor, Ademola Adeleke, before the court, asking it to stop him from filling the stool.

Oloyede, who is the second claimant in suit no. HIF/50/2026, in his motion on notice filed before an Osun State High Court sitting in Ile-Ife, alleged that Adeleke did not formally inform him of any infraction he committed before embarking on the process to replace him.

He is seeking an order of the court stopping the governor or any of his officials from filling the stool of Apetumodu until the substantive suit was determined.

Other claimants in the matter include Prince Oyewusi Adewusi, Prince Isaac Adewuni, and Prince Abiodun Oyetoro, for themselves and on behalf of other members of the Latimogun Royal Family of the Aribile Ruling House of Ipetumodu.

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Aside from Adeleke, other defendants in the matter are the Osun State Attorney-General and Commissioner for Justice, the Commissioner for Local Government and Chieftaincy Affairs, Chief Afolabi Adedeji, the Asalu of Ipetumodu and the head of the kingmakers, Chief Adesoye Babalola, the Malefon of Ipetumodu, and the Ife North Local Government.

The motion on notice filed by Oloyede, dated September 16, 2026, partly read, “An order of interlocutory injunction restraining the defendants/respondents either by themselves or through their servants, agents or privies from taking any step to fill the stool of the Apetu (Apetumodu) of Ipetumodu or appoint any person in place of the 2nd claimant who is the occupant of the Apetu’s stool, pending the hearing and final determination of this suit.

“That in The Guardian Newspaper of May 11, 2026 (online edition), it was alleged that the 2nd claimant/applicant has, by order/instrument purportedly signed by the 1st defendant on May 7, 2026, been deposed from office as the Apetumodu of Ipetumodu without any lawful basis.

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“That there was no time the 2nd claimant/applicant was informed by the 1st-3rd defendants of any wrongdoing before the issuance of the publication contained in the said Guardian Newspaper and the purported instrument or order of deposition.”

The hearing in the matter was, however, stalled on Monday, following non-service of hearing notices on the parties in the case.

During the day’s proceedings, only the claimants’ counsel, O. Ogbewe, and counsel for the 5th defendant, Soji Oyetayo, entered appearances.

Addressing the court, Ogbewe said he had served the defendants with the processes regarding the case.

But Oyetayo, counsel for the 5th respondent, Adesoye Babalola, said hearing notice had not been served on him by the claimants.

Oyetayo subsequently urged the court to adjourn the matter for the claimants to serve all the defendants’ hearing notices.

In his ruling, Justice Dapo Adeniji adjourned the case to January 21, 2027, and ordered that fresh hearing notices be issued and served on the defendants.

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It would be recalled that Adeleke approved the deposition of Oba Oloyede as the Apetumodu of Ipetumodu, following his conviction in the US on tax fraud and money laundering charges.

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Two Oyo commissioner, special adviser resign

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Two senior officials in the Oyo State Ministry of Budget and Economic Planning have resigned their appointments from Governor Seyi Makinde’s administration.

The officials are Ayobami Ojo, the Commissioner for Budget and Economic Planning, and Simeon Oyeleke, the ministry’s Special Adviser on Budget and Economic Planning.

In separate letters dated November 2, and addressed to Mr Makinde, both officials said their resignations would take effect immediately, while thanking the governor for the opportunity to serve but did not give specific reasons for their decisions.

In his letter, Ojo referred to his appointment letter dated 22 June 2026 and formally announced his resignation as commissioner.

“With reference to your letter dated 22nd June, 2026 (SP.S.662/2/VOL.IV/192), I respectfully write to formally resign my appointment as Honourable Commissioner for Budget and Economic Planning, with effect from today, 2nd November, 2026,” he wrote.

He described his time in government as an honour and said he appreciated the opportunity to serve the state.

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Oyeleke also tendered his resignation with effect from 2 November.

In his letter, he thanked Mr Makinde for the confidence reposed in him and the opportunity to contribute to the administration’s policies and development programmes.

He also expressed appreciation for the governor’s leadership, support and encouragement during his time in office.

“I remain grateful for the opportunity to have been part of this administration and to have contributed to its laudable achievements. I also remain committed to the peace, progress and development of Oyo State,” he wrote.

The latest resignations come amid a series of exits of political appointees and other officials from the Makinde administration in recent months.

It would be recalled that Segun Ogunwuyi resigned as the governor’s chief of staff on 12 October, a position he had held since July 2021. His resignation took immediate effect, although he did not state a reason for his departure.

A few hours after Ogunwuyi’s departure, Makinde appointed Bashorun Akinwole, popularly known as Wolekanle, as his replacement.

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On the same day, Tara Adefope, the Director-General of the Oyo State Due Process Office, also resigned from her position, while in late October, Kabiru Salami, the governor’s Executive Assistant on Security Coordination, also tendered his resignation.

Other officials who have left the administration include Funmi Arulogun, a Senior Special Assistant on Diaspora Matters, who resigned in August, citing personal and political considerations.

Babatunde Oduyoye, a member of the Oyo State Advisory Council, also resigned in July, while Fatai Owoseni, a former Commissioner of Police who served as the governor’s Special Adviser on Security resigned in May.

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