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Certificate saga: Atiku applies to file fresh evidence against Tinubu at Supreme Court
Published
3 years agoon
By
admin
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.
“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.
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Why I rejected Al Jazeera’s apology over controversial interview — Daniel Bwala
Published
3 hours agoon
July 9, 2026By
admin
The special adviser to President Bola Tinubu on policy communication, Daniel Bwala, has said that he received a private apology over his controversial interview on Al Jazeera.
Bwala, speaking when he featured on an episode of The Morayo Show published on Wednesday, said the network admitted it should have informed him beforehand that his credibility and past comments about President Bola Tinubu would form part of the interview.
He said he rejected the private apology and insisted it should be made public, adding that the matter is now before a court in England.
“They apologised to me privately. I said they should put it on social media. They said they would not because it would affect their credibility, because it’s not just them, but their mother programs at the Al Jazeera Network,” Bwala said.
It would be recalled that Bwala appeared on Head to Head hosted by Mehdi Hasan in March. During the interview, Hasan confronted him with old quotes, video clips and statements from his time as spokesperson for Atiku Abubakar’s presidential campaign.
The interviewer repeatedly referenced Bwala’s past criticisms of Tinubu, prompting the presidential aide to deny several of the statements.
“I never said that,” Bwala responded to many of Hasan’s questions.
Clips from the interview later went viral on social media, generating widespread reactions.
When asked by Morayo Afolabi-Brown, the host of the show, if he had taken any steps to reclaim his credibility, Bwala said he had instructed his lawyers in England to institute legal proceedings.
According to him, the broadcaster acknowledged that, under its ethical guidelines, it should have disclosed in advance that his past criticisms of Tinubu and his decision to later support the president would be scrutinised.
“The element of the apology was that they should have told me they were going to interrogate my credibility by asking why I now support someone I previously criticised. By their ethics, they admitted they ought to have told me, and they were sorry they did not,” he said.
“…because I called a number of media analysts, including Piers Morgan, whom I contacted through a third party, and confirmed that what they did was wrong.”
Bwala also accused Hasan of editing the pre-recorded interview in a way that misrepresented his responses.
He claimed the opening portion of the interview, in which he said he had warned Hasan that he would deny further questions about his past remarks because they were outside the agreed scope of the interview, was removed from the final broadcast.
“He took away the opening remark where I told him that I had indeed made those comments against Asiwaju and even said worse things, but that was not what I was invited to discuss. I told him that if he continued on that line of questioning, I would deny them. He removed that part,” Bwala said.
He argued that the editing created the impression that he was simply denying his previous statements without context.
Bwala said his legal advisers in England believe the broadcast amounts to defamation.
“The case is currently in court. We’re waiting for the verdict because my advisers in England said it is a case of defamation of character,” he said.
Responding to a question from the audience about what the Federal Government was doing to address the rising rate of emigration, popularly known as japa, Bwala said that some Nigerians who believe they are struggling financially are better off than many of their counterparts who migrated to the United Kingdom in search of better opportunities.
He claimed that many highly educated Nigerians in the UK work in care homes despite holding university degrees, adding that the cost of living leaves them with little disposable income.
According to him, some Nigerians with first-class degrees and postgraduate qualifications are employed as care workers, a job he described as “modern-day slavery”.
“Some of you in Nigeria who think you are suffering are better off than your colleagues that japa five years ago,” Bwala said.
“A Nigerian who finished with a first class or second class degree, and even adds another degree in the UK, many of them work in care homes. As far as I am concerned, it is modern-day slavery.
“On average, they earn about £2,600 or £2,800 a month, but almost all of it goes to rent, electricity, internet, television and other bills. By the time you add feeding and other expenses, there is very little left. That is why many of them are forced to do two or three jobs.”
Bwala compared their situation with that of a Nigerian earning ₦60,000 monthly, arguing that despite the lower income, such a person may have stronger family and community support and face lower living costs.
“I will compare that person with a Nigerian here earning ₦60,000. I’m just giving an example. That person may have relatives or friends who can lend or support them. Also, what we pay for electricity and some social services here is almost nothing compared to what people pay there,” he said.
Bwala acknowledged that Nigerians living abroad may enjoy better infrastructure and access to healthcare but argued that many still struggle to own assets because of the high cost of living.
“Your challenge here may be that you don’t have enough money to build a house or buy a car. That other person may not even own a car or be able to buy one in the next 20 years. Although they have better infrastructure and access to healthcare, they are not necessarily better off financially,” he said.
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Photos: US to deport 124 Nigerians listed on ‘worst-of-the-worst’ criminal register
Published
14 hours agoon
July 9, 2026By
admin
The United States’ Department of Homeland Security (DHS) has announced an updated deportation list featuring 124 Nigerians.
This was disclosed in a statement on the website of the DHS on Wednesday.
According to the DHS, these individuals have been placed on what it described as its “worst-of-the-worst” criminal register.
While the names and photos have been made public, the timeline for deportations remains undisclosed.
However, the US immigration authorities explained that the deportations are part of ongoing immigration enforcement, stressing that those listed were convicted of serious crimes, but declined to provide details about the offences or when deportations would take place.
The statement read, “The U.S. Department of Homeland Security is highlighting the worst of worst criminal aliens arrested by the U.S. Immigration and Customs Enforcement (ICE).
“Under DHS leadership, the hardworking men and women of DHS and ICE are fulfilling President Trump’s promise and carrying out mass deportations – starting with the worst of the worst – including the illegal aliens you see here.”
The website then listed, “Sunday Adediora, Sunday Kunkushi, Mkpouto Etukudoh, Marcus Unigwe, Olaniyi Ojikutu, Boluwaji Akingunsoye, Ejike Asiegbunam, Emmanuel Mayegun Adeola, Bamidele Bolatiwa, Ifeanyi Nwaozomudoh, Aderemi Akefe, Solomon Wilfred, Chibundu Anuebunwa, Joshua Ineh, Usman Momoh, Oluwole Odunowo, Bolarinwa Salau, Oriyomi Aloba.”
Others are Oludayo Adeagbo, Olaniyi Akintuyi, Talatu Dada, Olatunde Oladinni, Jelili Qudus, Abayomi Daramola, Toluwani Adebakin, Olamide Jolayemi, Isaiah Okere, Benji Macaulay, Joseph Ogbara, Olusegun Martins, Kingsley Ariegwe, Olugbenga Abass, Oyewole Balogun, Adeyinka Ademokunla, Christian Ogunghide, Christopher Ojuma, Olamide Adedipe, Patrick Onogwu, Olajide Olateru-Olagbegi and Omotayo Akinto.
“Kenneth Unanka, Jeremiah Ehis, Oluwafemi Orimolade, Ayibatonye Bienzigha, Uche Diuno, Akinwale Adaramaja, Boluwatife Afolabi, Chinonso Ochie, Olayinka A. Jones, Theophilus Anwana, Aishatu Umaru, Henry Idiagbonya, Okechukwu Okoronkwo, Daro Kosin, Sakiru Ambali, Kamaludeen Giwa, Cyril Odogwu, Ifeanyi Echigeme, Kingsley Ibhadore, Suraj Tairu, Peter Equere, Dasola Abdulraheem, Adewale Aladekoba and Akeem Adeleke.
“Bernard Ogie Oretekor, Abiemwense Obanor, Olufemi Olufisayo Olutiola, Chukwuemeka Okorie, Abimbola Esan, Elizabeth Miller, Chima Orji, Adetunji Olofinlade, Abdul Akinsanya, Elizabeth Adeshewo, Dennis Ofuoma, Quazeem Adeyinka, Ifeanyi Okoro, Oluwaseun Kassim, Olumide Bankole Morakinyo, Abraham Ola Osoko, Oluchi Jennifer and Chibuzo Nwaonu.”
The latest action is part of the sweeping immigration enforcement measures introduced by the administration of US President Donald Trump after his return to office on January 20, 2025.
On his first day back in office, Trump signed a series of executive orders declaring illegal immigration a national emergency and directing federal agencies to intensify border security and accelerate the removal of undocumented migrants.
One of the orders, titled Protecting the American People Against Invasion, instructed immigration authorities to prioritise the arrest and deportation of removable migrants, particularly those considered threats to public safety and national security.
Defending the policy, the DHS said the administration was delivering on Trump’s campaign promise to carry out mass deportations, beginning with what it described as the “worst of the worst” criminal offenders.
The department said officers of the US Immigration and Customs Enforcement had been directed to intensify operations nationwide against non-citizens convicted of serious crimes.
White House Press Secretary Karoline Leavitt has also defended the crackdown, saying the administration remained committed to enforcing immigration laws and removing undocumented immigrants with criminal records in line with President Trump’s immigration agenda.
Official US immigration data indicate that Guatemala has recorded the highest number of deportees since the renewed crackdown began, followed by Honduras, Mexico and El Salvador, reflecting the administration’s focus on migrants from Latin America.
The US has also expanded deportation flights to countries across Africa, Asia and the Caribbean as enforcement operations continue.
Nigeria has also come under increased scrutiny by the Trump administration. In June, Washington imposed partial visa restrictions on Nigerian citizens, citing concerns over identity management, information sharing, visa overstay rates and security screening.
News
Six ISWAP fighters surrender to troops in Borno
Published
16 hours agoon
July 9, 2026By
admin
Six suspected fighters of the Islamic State West Africa Province, alongside their family members, have surrendered to troops of the 192 Battalion, Sector 1, Operation Hadin Kai, in Gwoza Local Government Area of Borno State.
The Acting Military Information Officer, Headquarters North-East Joint Task Force, Operation Hadin Kai, Lt. Col. Mohammed Goni, who disclosed this in a statement on Thursday, said preliminary investigations revealed that the group fled from the Guduf Bubayagwa and Chikide terrorist enclaves in the Mandara Mountains of Gwoza LGA.
The statement read, “The Joint Task Force North East, Operation HADIN KAI (OPHK), has continued to sustain its operational momentum across the North-East Theatre, recording another series of significant successes through relentless search-and-rescue operations, intelligence-led missions and coordinated security efforts aimed at denying terrorist groups freedom of action.”
In Askira/Uba Local Government Area, Goni said troops of the 115 Task Force Battalion, on July 7, 2026, while conducting ongoing search-and-rescue operations, successfully rescued two additional abductees from a terrorist hideout.
“During the operation, troops recovered cash totalling One Million, Two Hundred Thousand Naira (N1.2m), suspected to be proceeds of criminal activities, as well as food items and other logistics believed to have supported terrorist operations,” he said.
He added that the rescued victims had been evacuated to a secure location, where they were receiving medical care and psychosocial support.
“Additionally, six suspected ISWAP terrorists, alongside their families, surrendered to troops of the 192 Battalion (Main), Sector 1, OPHK. Preliminary investigations revealed that the families escaped from the Guduf Bubayagwa and Chikide terrorist enclaves in the Mandara Mountains, Gwoza LGA.
“Items recovered from the terrorists and their families include the cumulative sum of One Million, Five Hundred and Forty-One Thousand, Five Hundred Naira (N1,541,500), two Tecno mobile phones and other items,” he stated.
The army spokesman also said troops apprehended a suspected Boko Haram/ISWAP logistics supplier at the Molai checkpoint while in possession of large quantities of medical supplies without the required clearance.
“The suspect and the items are in custody for further interrogation,” he said.
During the same period, Goni said troops of Operation Hadin Kai deployed at the Forward Operating Base, Logomani, in Ngala Local Government Area of Borno State, under Sector 1, successfully repelled a coordinated attack by ISWAP terrorists.
“Although the insurgents briefly breached a section of the base’s defensive perimeter during the intense firefight, the troops rapidly regrouped, mounted a determined counter-offensive and decisively repelled the attackers, inflicting significant casualties and forcing the surviving terrorists to flee with varying degrees of gunshot wounds.
“Regrettably, one gallant soldier paid the supreme price, while two gun trucks and some combat enablers were damaged during the engagement,” he said.
According to him, the situation at FOB Logomani remains firmly under the control of Operation Hadin Kai troops, with reinforcements deployed, exploitation operations ongoing and additional measures being implemented to strengthen the base’s defensive capability.
In another operation, Goni said troops of the 232 Battalion, acting on credible intelligence, arrested a notorious criminal in Gombi Local Government Area of Adamawa State.
He added that follow-up operations led to the recovery of one AK-47 rifle, two magazines and 28 rounds of 7.62mm special ammunition.
“The suspect and recovered items are currently in military custody, while further investigations are underway to identify and apprehend other members of the criminal network,” he said.
Meanwhile, troops of the 149 Battalion also arrested two suspected terrorist logistics suppliers in Mobbar Local Government Area of Borno State.
Recovered items included cash, a Volkswagen Golf car, construction materials, household items and other supplies suspected to have been destined for terrorist elements.
“The suspects are currently undergoing interrogation, while the recovered items remain in military custody as investigations continue,” he added.
As part of ongoing offensive operations, Goni said troops of the 24 Task Force Brigade, in conjunction with members of the Civilian Joint Task Force, carried out a clearance operation on known terrorist enclaves around Wulgo.
“During the operation, troops exploited the terrorists’ hasty withdrawal and recovered a sack containing assorted illicit drugs abandoned by the fleeing insurgents,” he said.
He noted that the recovery further demonstrated the sustained pressure being mounted on terrorist groups, disrupting their operations and denying them freedom of movement.
In Sector 2, troops of the 233 Tank Battalion, in conjunction with hunters, intercepted and arrested a suspected Boko Haram/ISWAP logistics supplier from Ngirya village in Tarmuwa Local Government Area with five motorcycle tyres.
“The suspect and the items are in military custody for investigation,” he added.
According to Goni, the latest operational gains underscore the effectiveness of sustained offensive operations, actionable intelligence and collaboration among security agencies and auxiliary forces in dismantling terrorist logistics networks, disrupting criminal activities and protecting vulnerable communities across the North-East.
“Headquarters Operation HADIN KAI assures the public that ongoing search-and-rescue operations will continue with unwavering resolve until every abducted person is accounted for and safely reunited with their families,” he said.
He also warned individuals supplying food, fuel, construction materials, transportation or any other form of logistics to terrorist groups to desist immediately.
“Anyone found aiding, abetting or collaborating with terrorist elements, directly or indirectly, will be identified, apprehended and prosecuted in accordance with the law,” the statement added.
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