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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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2027: Opposition parties plan to field single presidential candidate

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Ahead of the 2027 general election, opposition political parties are making moves to present a single presidential candidate

The resolution was adopted on Saturday at the national summit of opposition political party leaders held in Ibadan, the capital of Oyo state.

The parties at the summit include the African Democratic Congress (ADC) faction led by David Mark, the Peoples Democratic Party (PDP), chaired by Kabiru Turaki, and the New Nigeria People’s Party (NNPP).

In a communiqué issued at the end of the summit, the parties said they will resist all “machinations by the All Progressives Congress (APC) to foist a one-party state on Nigeria”.

“That despite the onslaughts and manoeuvrings of the ruling party, the APC, to impose President Bola Tinubu as the sole Presidential candidate in 2027, we shall field candidates and contest the 2027 Presidential and other elections,” the communiqué reads.

“That we shall work towards fielding one Presidential Candidate for the 2027 elections, which shall be agreed and supported by all participating opposition parties to rescue our nation and her long-suffering masses.”

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The parties alleged that Joash Amupitan, chairman of the Independent National Electoral Commission (INEC), has “shown bias and partisanship in favour of the APC” and should be removed from office.

“Nigerians across board have lost confidence in him and his capacity to guarantee the required neutrality to deliver free, fair, transparent and credible elections. His continuous stay in office is vexatious and capable of triggering widespread crisis in our nation,” the parties said.

The opposition parties called on the national assembly to immediately review the Electoral Act 2026, to “remove all sections that threaten the sanctity and integrity of elections”.

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Ex- Ondo Dep Gov Agboola urges preservation of Ese-Odo political power rotation arrangement

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Former Deputy Governor of Ondo State, Ajayi Agboola Alfred, has called on political leaders and stakeholders in Ese Odo Local Government to uphold the longstanding political power rotation arrangement between the Apoi and Arogbo communities, describing it as a vital foundation for peace, unity, and political stability in the area.

In a statement released amid growing political realignments ahead of the next political season, the former deputy governor emphasized that the existing arrangement, which has been in place since 1999, was established to ensure fairness, mutual trust, and peaceful coexistence among the people of Ese-Odo Local Government.

According to him, the rotational understanding has over the years helped to prevent political tension and promote inclusiveness across the two blocs. He noted that the arrangement has remained respected by political actors and leaders across party lines and should not be altered for personal or selfish interests.

Agboola, who stated that he was among the leaders involved in initiating the agreement, recalled how political stakeholders in the past resisted attempts to disrupt the arrangement, particularly during the period when late Dr. Francis Ajih served as Chairman of Ese-Odo Local Government Council.

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He explained that despite efforts by some political interests at the time to alter the zoning structure, leaders and residents across party affiliations stood firmly in support of maintaining the agreed political balance, leading to the emergence of Late Hon. Earnest Anifowose from Apoi as a member of the Ondo State House of Assembly.

The former deputy governor warned against any move capable of creating division or mistrust between the Apoi and Arogbo communities, stressing that the House of Assembly seat should, according to the established understanding, remain the turn of Arogbo to produce the next representative.

He also appealed to political figures, including Hon. Toyin Allen, not to allow themselves to be drawn into actions that could threaten the existing harmony within the local government.

While reaffirming his commitment to protecting the arrangement alongside other leaders, Agboola urged all political stakeholders in Ese-Odo to place peace, unity, and collective interest above personal ambition.

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He further cautioned that any attempt to undermine the established political understanding could trigger avoidable tension and disrupt the longstanding brotherhood between both communities.

The former deputy governor concluded by calling on politicians and community leaders to continue to play politics with fairness, respect for agreements, and commitment to peaceful coexistence for the progress and stability of Ese-Odo Local Government and future generations.

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Army recovers suspected remains of soldier couple killed by IPOB/ESN

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The Nigerian Army says it has located the suspected remains of two soldiers who were “brutally abducted and murdered” by suspected members of the proscribed Indigenous People of Biafra and the Eastern Security Network in May 2022 while en route to their traditional wedding.

According to the army, the remains of the couple, identified as Master Warrant Officer Linus Musa Audu and Private Gloria Mathew, were discovered when its troops dismantled a notorious camp belonging to the IPOB and the ESN in Imo State.

“The Nigerian Army has recorded another significant operational success in its sustained efforts to rid the South East of criminal elements, as troops of 82 Division, in conjunction with sister services and other security agencies, successfully dismantled a notorious camp belonging to the proscribed Indigenous People of Biafra (IPOB) and its armed affiliate, the Eastern Security Network (ESN), in Imo State.

“Acting on intelligence information, the operation, conducted on 24 April 2026 along the Ubaha Orsu axis of Orsu Local Government Area, was part of a deliberate clearance and search mission aimed at dismantling IPOB/ESN hideout within the region and locating the remains of two personnel of the Nigerian Army, Master Warrant Officer Linus Musa Audu and Private Gloria Mathew, who were brutally abducted and murdered by IPOB/ESN terrorists in May 2022 while en route for their traditional wedding,” the army said in a statement on its X handle.

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The army explained that the troops, acting on credible intelligence, advanced towards a suspected IPOB/ESN hideout when they came under heavy attack by armed criminals.

It, however, said that the troops demonstrated resilience and decisively engaged the terrorists, successfully repelling multiple ambushes and forcing the criminals to flee in disarray.

“The encounter further exposed the desperation and criminal nature of the group, which continues to target innocent citizens and security personnel alike.

“Following the successful clearance of the camp, troops conducted a thorough search of the area and made a grim but important discovery: shallow graves suspected to contain the remains of the slain personnel. The graves were carefully excavated and suspected remains were recovered,” it stated.

The military authorities further disclosed that the recovered remains had since been secured for detailed forensic analysis, including DNA testing, to conclusively establish their identities.

It also said that efforts were also ongoing to liaise with the families of the fallen soldiers to ensure proper identification and facilitate befitting burial arrangements in honour of their sacrifice.

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The army further noted that the operation not only underscored its unwavering commitment to ensuring justice for fallen heroes but also highlighted the continued degradation of IPOB/ESN criminal networks and infrastructure across the South East.

“The discovery of shallow graves within their camp further exposes the group’s heinous atrocities and disregard for human life.

“The Nigerian Army reassures the general public that ongoing operations will continue until all criminal elements are neutralised and lasting peace is restored across the region. We appreciate the Law-abiding citizens for the information and urge you to remain vigilant and continue to support security agencies with timely and credible information.

“The Nigerian Army remains resolute, professional, and committed to defending the sovereignty and territorial integrity of Nigeria,” the statement added.

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