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Certificate Forgery: Overrule Tinubu’s Objection to Fresh Evidence, Atiku Tells S’Court
Former Vice President Atiku Abubakar has prayed the Supreme Court to grant his application for leave to tender fresh an additional evidence to support his claim that President Bola Tinubu submitted forged document to the Independent National Electoral Commission (INEC), to contest the February 25 election.
Atiku, who is challenging the victory of President Tinubu in the 2023 presidential poll, said presenting forged documents by any candidate, especially by a candidate for the highest office in the land, is a very grave constitutional issue that must not be encouraged.
The Peoples Democratic Party (PDP) presidential candidate stated this in his reply on point of law to Tinubu’s objection to allow the presentation of fresh evidence before the apex court.
Tinubu had, in his objection to Atiku’s application for additional evidence to support the allegation of certificate forgery, argued that the issue of his qualification to contest the 2023 presidential election “is a pre-election matter” and prayed the court to reject the application.
But, in his reply on point of law, Atiku, while faulting Tinubu, argued that issues of merit ought not to be determined or pronounced upon at the interlocutory stage.
Noting that they are only at this stage merely applying for leave of the Supreme Court to receive the fresh evidence, Atiku submitted that “to refuse to grant the leave as the respondents have argued, will amount to undue technicality.
“The Supreme Court, as the Apex Court and indeed the Policy Court, has intervened time and again to do substantial justice in such matters of great constitutional importance, as it did in the case of Ameachi vs INEC (2008) 5 NWLR (Pt. 1080) 227 and Obi vs. INEC (2007) 11 NWLR (Pt. 1046) 565. The Supreme Court applied the principle of ubi jus ibi remedium to ensure that substantial justice is done in such novel scenarios.
“The need to rebuff, eschew and reject technicality and the duty of Court to ensure substantial justice is very germane in this matter, given the gravity of the constitutional issue involved in deciding whether a candidate for the highest office in the land, the office of President of the Country, presented a forged certificate or not.
“In urging the Honourable Court to overrule the objections of the Respondents, we can do no better than to commend to your noble Lordships the insightful words of the Supreme Court in Assah & Others V. Kara & Others (2014) LPELR-24212(SC), per Rhodes-Vivour, JSC as follows.
“Law is blind. It has no eyes. It cannot see. That explains why a statue of a woman with her eyes covered can be found in front of some High Courts. On the contrary, justice is not blind. It has many eyes, it sees, and sees very well.
“The aim of Courts is to do substantial justice between the parties and any technicality that rears its ugly head to defeat the cause of justice will be rebuffed by the Court.”
The former Vice President made the claims in a 20- paragraph affidavit deposed to in support of the application.
He argued that if the Apex Court grants the application, there would be no need for “any further argument other than the written address in support of same showing that the 2nd Respondent is in violation of the provisions of Section 137 (1) (j) of the Constitution by presenting a certificate disclaimed by the institution from where he purportedly procured same.
“That, contrary to paragraphs 16(xi) of the 2nd Respondent’s Counter-Affidavit, there was no ex parte communication with the Honourable Court, but the letter was forwarded to the Registrar of the Court just as was done in the case of Uzodinma vs. Izunaso (2011) 17 NWLR (Pt. 1275) 30, at 56 (paragraph h of the affidavit on page 56) in which Counsel for the 2nd Respondent and Counsel for the Appellants/Applicants were both involved.”
The deponent, Uyi Giwa-Osagie, further argued that Tinubu’s objection was baseless because he was represented both at the discovery and the depositions, as well as at the court hearing by his Chicago Attorneys, and that the 2nd Respondent never challenged the issue of venue of the discovery and deposition.
“That the presence of the 1st and 3rd Respondents at the discovery and deposition was not necessary. That I know that the 2nd Respondent’s appeal was to prevent the discovery and deposition, and that the said Appeal failed.
“That, I know as a fact that the discovery and deposition were ordered by the District Judge, and was not out-of-court. That the Appellants were not indolent in their pursuit of the discoveries and deposition as it was also the letter tendered as Exhibit XX2 by the 2nd Respondent in the course of his defence purportedly issued by Caleb Westerberg that clearly gave the Appellants/Applicants further reasons to build on the evidence of PW27 by the discovery proceedings for the documents and Deposition on Oath of the same Caleb Westerberg.
“That, the process for the discovery and deposition was commenced by the Appellants/Applicants with several initial preliminary processes by their U.S. Attorneys culminating in their eventually filing a Petition for the issuance of Subpoena, a copy of which is annexed herewith as Exhibit “K”.
“That the process was severely stalled by the vehement opposition of the 2nd Respondent, citing irreparable damage to him, amongst other excuses, and I annex herewith as Exhibit “L” the motion of the 2nd Respondent to quash the subpoena, which application failed.
“That the 2nd Respondent has been in primary possession of all the facts sought in the discovery but took every step to block their release, notwithstanding that the 2nd Respondent had equally applied through his Attorney in the United States, Mr Wole Afolabi, for the release of the said documents, which were released to him as shown is Exhibit “P” presented in the course of the discovery and deposition process.
“That I know as a fact that the Appellants are in this appeal challenging the rulings of the lower court striking out certain paragraphs of their Petition as well as their Replies dealing with aspects of qualifications of the 2nd Respondent.”
Meanwhile, Atiku faulted Tinubu’s submission that he was inconsistent in his names, describing the submission as immaterial and pedestrian, as there is no Petition challenging his qualification.
“That it is immaterial that 1st Respondent had since June 24th 2022 published the factitious credentials of the 2nd Respondent as presentation of a forged certificate by a candidate for election to the office of President of the Federal Republic of Nigeria is a post-election matter under Section 137 (1) (j) of the Constitution”.
Besides, Atiku pointed out that the presentation of a forged certificate disqualifies a candidate for all time, no matter when presented.
“That at the trial, a National Youth Service Corps certificate with serial number 173807 presented by the 2nd Respondent to the 1st Respondent was equally tendered by the Appellants/Applicants at the trial as “Exhibit PBD 1A” with the name Tinubu Bola Adekunle, which is annexed herewith as Exhibit “J”.
Source: Reuters
Arise Television anchor, Rufai Oseni, has alleged that there may be attempts to prevent key opposition figures, including Peter Obi and Atiku Abubakar, from appearing on the ballot for the 2027 general elections.
Oseni’s remark followed a Federal High Court judgment ordering the de-registration of some political parties.
Justice Peter Lifu of the Federal High Court in Abuja, on Monday, ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), Accord Party (AP), Action Peoples’ Party (APP), Zenith Labour Party (ZLP), and Action Alliance Party (AAP) over alleged constitutional breaches.
The judgment arose from a lawsuit filed by the Incorporated Trustees of the National Forum of Former Legislators (NFFL), which argued that the affected parties failed to meet constitutional and statutory electoral performance requirements necessary for continued recognition as political parties.
Justice Lifu subsequently barred INEC from recognising the affected parties, accepting nominations from them or permitting them to participate in activities related to the 2027 general elections.
The ruling, if upheld, could affect the political ambitions of several politicians, including former Vice President Atiku Abubakar, who is the ADC presidential flag-bearer, and Osun State governor Ademola Adeleke, who is seeking re-election on the platform of the Accord Party.
But speaking on Arise TV’s Morning Show on Tuesday, Oseni described the court ruling as a “test” of public reaction, warning that more actions could follow ahead of the next general election.
According to him, opposition parties such as the African Democratic Congress, ADC, and the Nigeria Democratic Congress, NDC, should be cautious, claiming that efforts could be made to stop major figures from participating in the election.
Oseni argued that the judgment was part of a broader process aimed at shaping the political landscape ahead of 2027.
He maintained that the ruling came despite some of the affected parties having recorded electoral victories in recent elections.
He warned that Nigerians must remain vigilant to safeguard the country’s democracy, stressing the need for judicial reforms alongside efforts to tackle insecurity.
Oseni said: “NDC, ADC should be careful because there will be attempt, and this is me predicting now, to ensure that Obi, Atiku and other big contenders are not on the ballot.
“This that you saw yesterday is just a test. This is not the real place where the whole thing is going. This is me predicting now.
“You know before you have a show you test the microphone. They want to see the reactions of Nigerians. More is still coming.
“You can see how they carry a judgement when ADC won two House of Representatives seats in Kogi, one Kogi House of Assembly seat, APP one chairmanship seat in Jigawa, Zenith Labour party won several seats in Abia, but they still went ahead and issued judgement for deregistration after the Court of Appeal, a higher court, said it should stay on that.
“If we want to deal with this judicial rascality, can I tell you something? The judge that gave this judgment, nothing will happen to him. Nothing on this earth. They are just coming.
“And who is leading this group? Gbajabiamila. Have you forgotten what Gbajabiamila said on Hon Ajibade’s birthday? So they are just coming. This one is just a test. The next one they will do is the NDC.
“With the way they’re going, if Nigerians don’t shine their eyes when they will finally have this election, you will not have the major contenders in the ballot. This thing they have just done is to test reactions from Nigerians.
“I saw this thing coming. You know we are going into an election in which Atiku Abubakar is the only major candidate from the North. It’s not like the last one you have Kwankwaso that can split the Kano votes. And you have Peter Obi and general consensus that a lot of people are in abject penury, insecurity is raging hard.
“This is the beginning of many things. They are just testing the microphone. It’s engineered. More is coming. Nigerians, it is you that will save your democracy. Judicial reforms have become so important as insecurity in Nigeria.”
The African Democratic Congress (ADC) presidential candidate, former Vice President Atiku Abubakar, has picked former Rivers State Governor and former Minister of Transportation, Rotimi Amaechi, as his running mate.
Announcing the decision, ADC National Publicity Secretary, Bolaji Abdullahi, said Amaechi’s emergence followed broad consultations within the party and reflected his strong performance as runner-up in the party’s presidential primaries as well as his track records of service to his state and the country.
According to the ADC, Amaechi’s extensive experience across both the legislative and executive arms of government, as former Speaker of the Rivers State House of Assembly, two-term Governor of Rivers State, and former Minister of Transportation, makes him uniquely qualified to complement Atiku’s leadership, strengthen the party’s national appeal, and bolster its campaign to offer Nigerians an experienced and credible alternative ahead of the 2027 presidential election.
The party said the choice of Amaechi underscores its commitment to presenting a leadership team with proven governance experience and national appeal as it prepares for the 2027 presidential contest.
ThisDay
