Metro

Atiku not giving up as he seeks leave of Nigeria’s Supreme Court to file fresh evidence against Tinubu

Published

1 year ago

October 8, 2023

The candidate of the Peoples Democratic Party (PDP) in Nigeria’s disputed February 25 presidential election, Atiku Abubakar, is not giving up on his quest to remove President Bola Tinubu from office, as he has applied for leave of the Supreme Court to file as fresh evidence to support his case.

In the motion he filed through his team of lawyers led by Chief Chris Uche (SAN), Atiku said the evidence he was seeking to tender before the apex court would further establish his allegation that Tinubu submitted forged documents to the Independent National Electoral Commission, (INEC) as his qualification to participate in the presidential election.

The former vice president opined that by submitting the forged documents, President Tinubu had “committed a twin offence of forgery and perjury, and therefore deserved to be sacked from office by the Supreme Court.”

Atiku specifically sought the leave of the court to tender Tinubu’s academic records which were handed over to him by the Chicago State University, (CSU), on October 2.

The motion states that the 32-paged document released by the CSU on the orders of Judge Nancy Maldonado of the District Court of Illinois, United States of America, had proven that the certificates presented by the president were forged.

He further based 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 well as the inherent jurisdiction of the apex court as encapsulated in section 6(6)(a) of the 1999 Constitution.

The PDP flagbearer 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 also 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 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 motion reads.

“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.

“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 added that the presentation of a forged certificate to INEC by a candidate for election to the office of President of the Federal Republic of Nigeria was a weighty constitutional matter, requiring consideration by the Courts as custodians of the Constitution.

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.

“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.

“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.”

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Metro

Zambia: APP leader lampoons PF over pledge to reverse forfeited properties

Published

13 hours ago

November 21, 2024

Isaac Dachen

Leader of one of Zambia’s opposition parties, Advocates for People’s Prosperity (APP), Mwenye Musenge, has criticised the Patriotic Front (PF) over its promise to reverse forfeited properties if the party won the 2026 presidential election.

Musenge, who was reacting to a statement credited to the PF Member of Parliament (MP) for Lukashya Province, George Chisanga, described the PF’s promise as a betrayal, saying the declaration had exposed the party’s disregard for accountability and justice.

The APP leader, who spoke to Zambia Monitor in a telephone interview from Kitwe, expressed shock that Chisanga, a former Law Association of Zambia president, would endorse what he termed a “regressive agenda,” accusing the PF of prioritising the protection of corrupt individuals over the welfare of citizens.

“This declaration reveals the PF’s true intentions, returning to power not to serve Zambians, but to shield their corrupt network and restore stolen assets,” Musenge said.

He alleged that former President Edgar Lungu’s consistent calls to protect his family, who he claimed cannot explain their amassed wealth, further demonstrate the party’s self-serving mission.

Musenge further described the PF as “a political carcass animated by greed and nostalgia for its days of unchecked looting,” and accused its leaders of leaving Zambia impoverished while enriching themselves.

“Allowing them near power again would be akin to handing a butcher’s knife to a thief already drenched in the blood of the nation’s resources.

“The PF represents everything wrong with Zambian politics—a relic of the past clinging to survival through recycled lies and corrupt agendas,” he added.

Musenge went on to call for the party to be permanently eradicated, saying it had no vision, morality, or credibility to serve Zambians.

Metro

Nigerian Senate confirms influx of terrorists from Mali, Burkina Faso into the country

Published

19 hours ago

November 21, 2024

Isaac Dachen

The Nigerian Senate has raised the alarm over the influx of terrorists from Mali and Burkina Faso who operate in the name of Lakurawa, into Kebbi, Sokoto, Kaduna and Niger States in the northern parts of the country.

The Upper Chamber, which raised the alarm during plenary on Wednesday, called on the military to set up early warning mechanisms to forestall further incursions by terrorist groups as well as maintain presence and vigilance in the affected communities to halt the activities of the terror group from spreading further across the region.

The resolutions of the Senate were sequel to a motion titled, “Urgent need for the federal government to take stringent measures to stop the infiltration of a group of violent terrorists, known as Lakurawa, from entrenching themselves in some northwest states of Sokoto and Kebbi,” and was sponsored by the senator representing Kebbi North, Senator Yahaya Abdullahi, and co- sponsored by Senators Adamu Aliero, from Kebbi Central, and Garba Musa Maidoki, representing Kebbi South.

While presenting the motion, Senator Abdullahi said:

“The Senate is aware that a group of terrorists from neighbouring Burkina Faso and Mali, known as Lakurawa, has infiltrated the country through the Nigeria-Niger border, at Illela, Tangaza and Silame Local Government Areas of Sokoto and are from there, attacking communities in Augie and Arewa LGAs in Kebbi State.

“Recall that this violent gang of terrorists had raided and dispossessed these communities, prior to the large-scale invasion of Mera, a village in Augie Local Government, on November 8, 2024, killing more than 20 people and fleeing with their livestock, amounting to hundreds of millions of naira.

“Senate is aware that Kebbi State government promptly responded by sending a delegation with relief materials to the affected villages and assistance to the families of the deceased.

“Aware that Senator Yahaya A. Abdullahi (Kebbi North) and Senator Adamu Aliero (Kebbi North Central) and Senator Garba Musa Maidoki (Kebbi South), along with some members of the House of Representatives from Kebbi State, have been to those areas, to commiserate with victims of the attacks on behalf of the National Assembly.

“Aware that if timely, adequate and decisive measures are not taken, this group can spread its reign of terror to other northern parts of the country and beyond.

“Notes the prompt response of the ministry of defence and the armed forces who despatched a well-armed military response squad that was able to dislodge the terrorists and secured the release of herds of cattle and other livestock stolen by the terrorists. These foreigners have invaded the country.

“We need to nip the situation in the bud, they have international connections, heavily armed with very dangerous weapons, the federal government should take the matter very seriously.

‘These terrorists are well armed with highly sophisticated weapons, this is a very serious matter on national security, they control the whole of Northern Mali and now attacking Kebbi, Sokoto, Kaduna, Niger, and others. The time to act is now, we have to take action on how to tame terrorism.”

He said the Senate should revisit past resolutions on terrorism and send them to the Presidency for immediate action.

”I want us to recall what happened in the 8th and 9th Senates. We discussed extensively how we can stem the tide of banditry and terrorism. We made far-reaching recommendations, and we asked the Executive arm of government to implement those resolutions.

“It is still relevant for us to insist that those resolutions should be implemented, if we do so, it will reduce the incidences of banditry and insurgency in the country. We can reduce it to the barest minimum.”