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Tinubu’s Certificate: Prove Alleged Forgery Beyond Reasonable Doubt — Supreme Court To Atiku

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  • Court reserves judgment on Obi, Labour Party’s appeal, dismisses APM’s case
  • Atiku insists on CSU evidence, former VP’s disposition invalid, says Tinubu

 

The Chairman of the Supreme Court panel hearing the appeals against the election of President Bola Tinubu, Justice John Okoro, said on Monday that the Peoples Democratic Party standard bearer in the February presidential election, Atiku Abubakar, must prove the allegation of certificate forgery levelled against the ex-Lagos State governor beyond reasonable doubt.

Okoro handed down the admonition during the hearing of the election petition appeals filed by Atiku and Peter Obi of the Labour Party.

He stated this following the submission of Atiku’s lead counsel, Chris Uche, SAN, urging the court to admit the fresh evidence brought by the petitioners.

In his bid to nullify Tinubu’s victory and prove the allegation that he was not qualified to contest the presidential poll, Atiku had prayed to an Illinois Chicago district court to order the Chicago State University to release the President’s academic records.

The former vice-president had accused Tinubu of falsifying the CSU diploma of Bachelor of Science in Business Administration awarded in 1979 that he submitted to the Independent National Electoral Commission.

He demanded a copy of any diploma issued by CSU in 1979, a copy of the diploma the CSU gave to Tinubu in 1979, and copies of diplomas with the same font, seal, signatures, and wording awarded to other students that are similar to what CSU awarded to him in 1979.

Atiku’s application was opposed by Tinubu’s lawyers, citing privacy concerns even as they conceded that only the certificate should be released and not other privileged records.

Academic Record

But the United States court ordered the release of the former Lagos State governor’s academic records which Atiku filed in support of his election petition appeal at the Supreme Court.

Addressing the apex court on Monday, Uche insisted that the issue of Tinubu’s academic records was a weighty matter and urged the Supreme Court to admit it as fresh evidence.

The senior lawyer said, “The issue involving Tinubu’s certificate is a weighty, grave, and constitutional one, which the Supreme Court should admit. I urge the court to admit the fresh evidence of President Tinubu’s academic records from CSU presented by Atiku.

“The court should take a look at Tinubu’s records and reach a decision devoid of technicality. As a policy court, the court has a duty to look at it and should side-step technicalities.”

Atiku’s lead counsel also said the issue of 180 days should not tie the hands of the court.

But Justice Okoro, while describing the matter as criminal in nature, said it must be proven beyond reasonable doubt.

He observed that there were two conflicting letters from Chicago State University.

According to him, one of the letters authenticated the President’s certificate and the other discredited it.

He said, “This is a criminal matter that has to be proved beyond reasonable doubt. There are two conflicting letters from the CSU: one authenticating the president’s certificate and another discrediting it.”

Another panel member, Justice Emmanuel Agim observed that the deposition Atiku was seeking to tender as evidence was done in the chambers of Atiku’s lawyer and not in the courtroom.

“I expected the college to write disclaiming the documents in dispute. Does a stenographer have the legal authority to administer oaths? We are dealing with a matter that touches on national interest,’’ he noted.

But Uche argued that the depositions were done in the presence of Tinubu’s US lawyers, adding that there was no dispute about it.

The counsel to the All Progressives Congress, Akin Olujinmi, SAN, told the court that Atiku should not be allowed to bring in documents not presented at the tribunal.

He said, “You cannot smuggle in a document into the Supreme Court without first tendering the same at the trial court. The appeal is misconceived and lacks merit. It should be outright dismissed.”

In his response to Uche’s arguments, the lawyer to the President, Wole Olanipekun, SAN, similarly urged the court not to admit the fresh documents, adding that INEC was not a party to it.

“The depositions are not admissible in the USA. It is akin to deposition which we have in Nigeria. The deposition was not done in court and INEC was not a party to it. The deposition must be adopted by the individual that deposed to it before it can be admitted as evidence before the court,“ he reasoned.

He also said the 180 days stipulated for the conclusion of election petition cases “is like a rock of Gibraltar, it cannot be moved.’’

INEC’s lawyer, Abubakar Mahmoud, asked the court to interpret section 285 of the constitution and also urged the court to dismiss the appeal.

The court which had Uwani Aji, Mohammed Garba, Ibrahim Saulawa, Adamu Jauro, Abubakar Tijjani, as other panel members, however, reserved judgment in the matter.

The court also reserved judgment in the appeal filed by the presidential candidate of the Labour Party, Peter Obi, against the tribunal’s judgment affirming Tinubu’s election.

Obi and the LP, through their lawyers led by Dr. Livy Uzoukwu, SAN, urged the court to uphold the appeal and set aside the judgment of the Presidential Election Petition Court that dismissed their petition.

The INEC, Tinubu, and the APC had prayed the court to dismiss the appeal for want of merit.

The panel said it would communicate the judgment date to all the parties.

Obi, who came third in the election, had in his 51 grounds of appeal, maintained that the PEPC panel erred in law and thereby reached a wrong conclusion when it dismissed his petition.

He alleged that the panel wrongly evaluated the proof of evidence he adduced before it and occasioned a grave miscarriage of justice when it held that he did not specify polling units where irregularities occurred during the election.

Obi and the LP further faulted the PEPC for dismissing their case on the premise that they did not specify the figures of votes or scores that were allegedly suppressed or inflated in favour of President Tinubu and the APC.

Seven-Man Panel

The seven-man panel led by Okoro after listening to the submissions of the parties involved in the matter said the judgment date would be communicated to them.

The panel led by Okoro said, “This appeal is reserved for judgment until a date to be communicated to the parties.”

The apex court struck out the appeal by the Allied Peoples Movement seeking to nullify the election of the President.

The party had claimed that the placeholder nominated by the president, Ibrahim Masari, was not replaced within 14 days as stipulated by section 33 of the Electoral Act.

The lead counsel for the party, Chukwuma -Machukwu Ume argued that their appeal was not premised on double nomination which the lower court ruled on, insisting that Vice President Kashim Shettima was illegally nominated.

But Okoro asked him if the APM had anything to gain from the matter.

He said, “What will you gain if you win this appeal? There are other appeals that are asking for something substantial. There is nothing to gain but to give us work to do. You are not asking us to put your candidate there as president.”

The APM lawyer applied to withdraw his appeal.

The APC, INEC, Ibrahim Massari, and Tinubu’s counsels did not object.

“Having been withdrawn, the appeal is hereby struck out,” Okoro said.

 

Credit: The Punch

BIG STORY

National Assembly Passes Life Imprisonment Bill For Nigerian Drug Traffickers

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In a bid to tackle drug-related crimes, the National Assembly has amended the National Drug Law Enforcement Agency (NDLEA) Act, introducing life imprisonment for drug offenders and traffickers.

This comes after the Senate and House of Representatives adopted the harmonised report on the amendment.

Senator Tahir Monguno, Chairman of the Senate Conference Committee, presented the report, highlighting that the amendment introduces stricter penalties to deter drug-related crimes.

“Any person who unlawfully engages in the storage, custody, movement, carriage or concealment of dangerous drugs or controlled substances and, while doing so, is armed with an offensive weapon or disguised in any manner, commits an offence under this Act and is liable, upon conviction, to life imprisonment,” Monguno said.

The Senate approved the amendment through a voice vote during Thursday’s plenary, which was presided over by Deputy Senate President Barau Jibrin.

In addition, the Senate passed the Revenue Mobilisation, Allocation, and Fiscal Commission Bill, 2024, aimed at replacing the 2004 RMAFC Act. Yahaya Abdullahi, Chairman of the Senate Committee on National Planning and Economic Affairs, stressed the need for the commission’s reform, citing Nigeria’s declining revenue and increasing population.

“The Act, last revised over 20 years ago, no longer reflects Nigeria’s evolving economic realities. This bill proposes additional funding and a restructured operational framework for the commission to improve its efficiency,” Abdullahi explained.

He further emphasised the need for adequate funding from the Federation Account for the RMAFC to effectively carry out its constitutional duties.

The bill, passed after deliberations and a majority vote, now awaits President Bola Tinubu’s assent to become law.

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BIG STORY

UPDATE: We’re Ready To Provide Evidence For Trial Of Simon Ekpa — Enugu Government

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The Enugu State Government has expressed its readiness and willingness to provide evidence to assist in the prosecution of Simon Ekpa, who was arrested in Finland on Thursday over allegations of sponsoring terrorism in Nigeria.

Enugu State Government made this offer in a statement released by the Secretary to the State Government, Prof. Chidiebere Onyia, on Friday.

In the statement, the Enugu State Government also commended the Government of the Republic of Finland for the arrest of Ekpa, whom it described as “the Finland-based leader of the criminal gang, Autopilots.”

The Enugu State Government further referred to Simon Ekpa as “a common criminal, con man, and terrorist, who has no interest of Igbo people at heart.”

It added that Ekpa “is a murderer and fraudster, who delights in killing his people and living large off their misery.”

“Enugu State was ready and willing to provide evidence of Ekpa-sponsored atrocities against Ndigbo to aid his trial and conviction, whether in Finland or Nigeria.”

“The Enugu State Government welcomes the arrest of the Finland-based terrorist, Simon Ekpa.”

“His arrest and trial will no doubt go a long way in strengthening peace, security, and stability in all parts of the South East.”

“This arrest is in line with the demand of Governor Peter Mbah Administration, which has repeatedly made it known that Ekpa is a megalomaniac, common criminal, murderer, and fraudster, who takes joy in feeding fat on the manipulated emotions of Ndigbo and inflicting misery on the South East region.”

“Ekpa has for long, and unfortunately from Finland, made a living by creating a siege climate and mentality in the South East, destroying lives, property, and the Igbo trademark of entrepreneurship and hard work.”

“He thrives on manipulating, exploiting, and extorting the people on the pretext of fighting for their interest and for the restoration of Biafra,” the government said.

Ekpa was arrested and detained alongside four other suspects by the government of Finland on charges of sponsoring terrorism in Nigeria, according to local newspapers in the European country.

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BIG STORY

Much Ado About Meddlesome Minions, And Messengers Of Misinformation — By Tayo Williams

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There is a growing phalanx of pseudo-intellectuals parading the social media space with faux and fictitious knowledge of the indigenous oil and gas industry, and it is scary because of the grave danger they portend and present for the average Nigerian.

From X (formerly known as Twitter) to Facebook and even the photos and videos-sharing site, Instagram, they abound, in their inglorious number, lending their platforms to deliberately distort facts and spread misinformation especially to favour the narratives propounded by popular Nigerian businessman Aliko Dangote, owner of the Dangote Petroleum Refinery.

Since the refinery began operations earlier in the year, it has been one week, one controversy allegedly orchestrated by Dangote in a brazen attempt to arm-twist the Nigerian National Petroleum Corporation Limited, NNPCL, into playing by his rules.

Those conversant with the modus operandi of Dangote and his refinery say the long-drawn warfare with every institution and individual in the oil and gas value chain is nothing but a self-seeking and mindless profit maximisation tactic.

Whilst nobody begrudges Dangote’s drive for profit as a businessman, perhaps he needs to be reminded that the NNPC has a mandate to ensure and provide energy security in a way that is affordable and sustainable for the generality of Nigerians. And, the NNPCL management has declared in very unambiguous terms that it would not pander to the din of the market whether orchestrated by Dangote, his rampaging minions or anyone else.

The truth, however, is that there is an increasing army of vacuous, vicious, and vile individuals strutting the social media space defending and propagating outright and outlandish falsehoods. Of particular concern is one Kelvin Emmanuel who has become the unofficial mouthpiece of the Dangote Refinery. Going from one media house to the other, he pulls figures out of the air and projects obnoxious untruths on hapless Nigerians. With the backing of his paymaster’s billions, it is no surprise that this otherwise irrelevant and fatuous character now commands appearances on major television stations.

But it is on X that he has made lying glibly and gratuitously the Holy Grail. He once premised Dangote’s inability to secure feedstock for his refinery on the government and the NNPCL. While peddling this untruth, he conveniently forgets that the refinery had a seven-year window, during its construction phase, to lock in feedstock supplies that could last a minimum of five years. Dangote did none of that. As it would later unfold, his game plan, which Emmanuel glossed over, was to monopolise equity oil and production quotas to serve his business interests.

Another deliberate misinformation from the Dangote camp was the allegation that International Oil Companies (IOCs) and other industry players were trying to sabotage his interests. Apart from being an investor in the Dangote Refinery, the NNPC still supplies gas to various Dangote companies across Nigeria. How can anyone or any institution jeopardise their investment? What further proof of faith does Dangote and his minions need to know that the NNPC is their cheerleader, and is here to make operating in the industry seamless and a win-win for all?

Echoing Dangote’s baseless stance, Emmanuel also called for the sack of Mr. Farouk Ahmed, Chief Executive Officer of the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), regulators of Nigeria’s midstream and downstream value chain. By Emmanuel’s warped reckoning, Ahmed had no locus to speak against Dangote or his enterprise because the latter questioned the quality of the product from Dangote Refinery and other local refineries in comparison with imported ones. Of course, Emmanuel’s was a lone voice in the wilderness because those who understand the invaluable role that the NMDPRA plays in the industry did not as much as dignify his tirade with a glance.

In a robust response to Emmanuel’s groundswell of egregious lies, Ibrahim Y. Kabo, a petroleum engineer based in Abuja, described him as “Someone who has not seen the inside of a refinery before Dangote built one, let alone understood the mechanism of the energy industry, …(yet) assuming the role of an authority in oil and gas matters.”

He went further to lampoon Emmanuel for stating that only Dangote Refinery’s products meet specifications while others are all sub-standard. “The obvious question is: whose specifications? For a refinery that has barely made four of seven pre-inauguration certifications, it sounds somehow laughable to suddenly assume the role of regulator in an industry you’ve barely entered,” Kabo said.

In the article, entitled, “The Hand of Aliko, the Voice of Kelvin: Inside Dangote Refinery’s Media Stunt Lab”, Kabo declared that from all Emmanuel’s interviews and pretensions to be an industry expert, one thing is obvious: “He lacks an understanding of both the mandate and the reach of NNPC as a national oil company.”

Kabo adds that, “Downstream is the least of NNPC’s business interests. The mandate, as per PIA (Petroleum Industry Act), is to facilitate both the extraction and commercialization of Nigeria’s oil and gas resources. 20 billion dollars may be a lot, but NNPC and industry regulators routinely handle projects of that magnitude. At best, Dangote and (Emmanuel’s) ranting are an irritation. I believe that’s why NNPC openly declared it was not interested in being Dangote’s off-taker.”

Like the Yoruba saying goes, derision does not stop the sweetness of the honey. The meddlesome minions and messengers of misinformation can continue dancing naked in the marketplace, but what is most important is that the NNPCL has assured that it will not cease doing everything in its capacity “to harness the possibilities of oil and gas, address energy demand and drive the national economy, and become the number one oil producer and supplier in Africa.”

 

Tayo Williams is a Lagos-based media executive

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