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CSU controversy: Atiku proceeds to Supreme Court with fresh evidence against Tinubu

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The presidential candidate of the Peoples Democratic Party (PDP) Atiku Abubakar has approach the Apex Court with a fresh evidence of forgery from Chicago against the qualifications of President Bola Ahmed Tinubu in the February 25, 2023 presidential election.

Atiku, a former Vice President asserted categorically and authoritatively that the Diploma Certificate of the Chicago State University (CSU) used by Tinubu to secure qualifications for participation in the 2023 election is fake having been allegedly forged.

In a motion on notice filed by his legal team headed by Chris Uche (SAN), Atiku asked the Supreme Court to invoke its Order 2 Rule 12 of 1985 to admit the fresh evidence of certificate forgery and perjury in support of his pending appeal before the Court to do substantial justice to his case.

Atiku in the motion marked SC/CV/935/2023 prayed the Apex Court to grant him leave to produce the additional evidence and for the Court to receive the fresh evidence from him.

Respondents in the motion are the Independent National Electoral Commission, (INEC), Bola Ahmed Tinubu, and the All Progressive Congress (APC) as 1st to 3rd respectfully.

The motion is predicated on several grounds but mainly on the release of Academic Records of Tinubu, evidence of the Registrar of the Chicago State University before a United States of America Court and the deposition of the same witness in respect of the Diploma Certificate President Tinubu presented to the Independent National Electoral Commission INEC for the purpose of eligibility for the election.

Other grounds in the motion are that “The 2nd Respondent ( Tinubu) was not qualified at the time of the election to contest the election as required by section 137 (1) (j) of the
Corstitution of the Federal Republic of Nigeria 1999 (as amended).

“Based on facts available to the Appellants/Applicants (Atiku) at the time of filing their Petition, the 1st Appellants/Applicant (Atiku Abubakar) through his United States of
American lawyers, Alexander de Gramont and Argela M. Liu of the law firm of Dechert LLP, unsuccessfully applied to Chicago State University for the release of copies of the academic records of the 2nd Respondent.

“Given the strict privacy laws in the jurisdiction of Chicago State University, the request for the release of the academic records and certificate issued to the 2nd Respondent could not be granted without an order, of court and for the purpose of use in pending court proceedings.

The 1st Applicant through his said US-based Attomeys thereupon, brought an action in the U.S. District Court for the Northem District of Illhois in re: Application of Atiku Abubakar for an Order Directing Discovery from Chicago State University Case No. 23-CV-05099 for an order for the production of documents and testimony for use in a proceeding in a
foreign court, seeking documents and testimony from Chicago State University conceming the authenticity and origin of documents purporting to be the educational records of the 2nd Respondent, Bola A.Tinubu.

“The 2nd Respondent (Tinubu) applied and was joined in the matter as an Intervenor,
vehemently opposed the application.

“On September 19, 2023, the Court issued an order granting the application and
thereafter, the 2nd Respondent applied for an emergency stay of the Court Order, claiming that he would suffer irreparable damage and irjury if his educational records were released: which order of stay was granted.

“On September 30, 2023, the Court overruled the 2nd Respondent’s objections and ordered Chicago State University to produce tbe documents on October 2, 2023, and to produce a witness for deposition on October 3, 2023.

“On October 2, 2023. Chlcago State University produced the documents pursuant to the Coun’s Order.

“On October 3, 2023, also pursuant to the Court’s Order, Chicago State University provided a witness to give deposition testimony, in which deposition, Chicago State University disclaimed ownership and authorship of the document that the 2nd Respondent presented to INEC, purporting to be “Chicago State University certificate” and also disclaimed issuing any replacement certificate to him.

“The deposition was not in existence or available at the time of filing the petition.

“The deposition sought to be adduced is, along with its accompanying documents, such as 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 Universiity, 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 Attomey 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 without reasonable
diligence for use at the trial, as the deposition required the cornmencement of the suit in the United States of America before receiving same. It is not possible to obtain the said evidence before the trial at the Court below.

“The deposition was made on October 03, 2Q23 after the conclusion of trial at the Court below, and was not available to be tendered at the trial.

“Presentation of a forged Certificate to the lndependent National Electoral
Commission by a candidate in an election to the office of President of the Federal Republic of Nigeria is a weighty constitutioral matter,
requiring consideration by the Court as custodians of the Constitution.

“The original certified deposition has been forwarded to the Honourable
Court by a letter addressed to the Chief Registrar of the Supreme Court

“It is in the interest of justice for the Honourabie Court to exercise its discretion in favour of the Appellants/Applicants.

The motion was supported by an affidavit deposed to on behalf of Atiku and PDP by one Uyi Giwa-Osagie, a legal practitioner.

The affidavit read in part “That the 1st Appellant/Applicant contested the election to the ofiice of the President of the Federal Republic of Nigeria on the platform of the 2nd Appellant/Applicant, which election was conducted by the 1st Respondent
on the 25th day of February 2023.

“That the 1st Respondent retumed the 2nd Respondent as the winner of the said election, and hence the Appellants, being dissatisfied with tle retum, filed a Petition on the 21st day of March 2023 before the Court of Appeal
sitting as the Presidential Election Petition Count.

“That the Court below had by a judgment delivered on 6th September 2023
dismissed the said Petition, whereupon the Appellants/Applicants appealed against the said judgment to this Honourable Court in
September 2023.

“That the Record of Appeal has been transmitted to this Honourable Court
and the appeal duly entered, and the said Record ofAppeal is now before
this Honourable Court, running into over 9,000 pages in 11 Volumes, upon which the Appellants/Applicarts are relying in this application.

“That I know that one of the grounds of the Appellants/Applicants’ Petition before the Court below is that the 2nd Respondent (Tinubu) was not qualified at the time of the election to contest the election and did not meet the constitutiolal theshold to contest

Meanwhile, no date has yet been fixed for hearing of the motion.

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MAMBILLA: Court halts proceedings, adjurns over EFCC’s invalid prosecution witness against Agunloye

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The hearing of the criminal charges against the former Minister of Power and Steel, Dr. Olu Agunloye, which formally began at the FCT Court Thursday, 30 May 2024 before the same Justice Jude Onwuegbuzie was stalled over presentation of invalid prosecution witness by EFCC against Agunloye

EFCC is prosecuting Dr. Agunloye for “awarding in 2003 a $6 billion Build, Operate and Transfer $¾(BOT) contract without cash backing, disobeying oral directives of the President, forging his own letter as a sitting Minister and receiving a retroactive bribe of N3.6 million 16 years after.” To prove its case, EFCC has listed seven witnesses excluding former President Chief Olusegun Obasanjo who had earlier volunteered to testify at the court.

At the court, EFCC presented its first Prosecution Witness (PW1), Mr Adewale as “representative of the Guaranty Trust Bank”. He was brought to discuss the GTBank statement of accounts presented by EFCC. But the moment Mr Adewale disclosed that he was not in the employment of GTBank, the defence lawyers quickly pointed out the aberration to the court which immediately halted the presentation of Mr Adewale. The court promptly stopped the proceedings and adjourned the hearing till Monday, 10 June 2024 to enable the EFCC regularise its Prosecution Witness Number One.

It will be recalled that the former Minister, Dr. Olu. Agunloye, has consistently asserted that he did not commit any crime, and that EFCC is prosecuting him to corroborate FGN’s pleas at the arbitration in France hoping to free FGN from liabilities in the Arbitration even though FGN knows that the issues that led to the international arbitration were caused under Buhari’s APC Government and not by Agunloye. However, Agunloye will have to combat the emergent bias, prejudice, and prejudgment on the part of the trial judge and has to struggle very hard for justice in Nigeria.

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EFCC to arraign Bello on Thursday over alleged N80.2b money laundering

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The Economic and Financial Crimes Commission, (EFCC) has indicated it will on Thursday, April 18, 2024 arraign a former governor of Kogi State,  Yahaya Adoza Bello before a Federal High Court sitting in Abuja.

The antigraft agency said Bello will be arraigned before Justice Emeka Nwite alongside three other suspects,  Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19- count charges bordering on money laundering to the tune of N80, 246,470, 088.88
The arraignment is being perfected following a warrant of arrest and enrolment order granted the EFCC by the court on Wednesday, April 17, 2024. 

Count one of the charges reads: That you, Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu( Still at large), sometime, in February, 2016, in Abuja within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of N80, 246,470, 088.88 which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity  to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering ( Prohibition) Act, 2011 as amended”.

Count 17 of the charges read: “That you Yahaya Bello between 26th July 2021 to 6th April 2022 in Abuja within the jurisdiction of this Honourable  Court aided E-Traders International Limited to conceal the aggregate sum of  N3081,804,654.00( Three Billion, Eighty One Million Eight Hundred and Four Thousand Six Hundred and Fifty Four Naira) in account number 1451458080 domiciled in Access BankPlc, which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a), 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act.

Count 18  of the charges reads: “That you Yahaya Adoza Bello  sometime in November 2021 in Abuja within the jurisdiction  of this Honourable Court  indirectly procured E-Traders international Limited to transfer  the aggregate sum of $570,330.00( Five Hundred and Seventy Thousand , Three Hundred and Thirty Dollars) to account number 4266644272 domiciled in TD Bank, United States of America which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act”.

“The Commission’s attempt to execute the Warrant of Arrest lawfully obtained against Bello met stiff resistance  on Wednesday,  April 17,  2024.  The security cordon around the former governor’s residence in Abuja was breached by the current Governor of Kogi State, Usman Ododo who  ensured that the suspect was spirited away in his official vehicle.  
“As a responsible law enforcement agency,  the EFCC exercised restraint in the face of the provocation, waiting for his arraignment on Thursday, April 18,  2024.

“It is needful to state that Bello is not above the law and would be brought to justice as soon as possible.”

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Court bars Ganduje from parading himself as member of APC

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Yhe Kano State High Court has granted an ex parte order restraining the National Chairman of the All Progressives Congress (APC), Abdullahi Ganduje, from parading himself as a member of the party.

The court ordered that Ganduje must refrain from presiding over all affairs of the National Working Committee of the APC.

The application waa said to have been granted by Justice Usman Na’abba on Tuesday, following an ex parte motion filed by Dr. Ibrahim Sa’ad on behalf of two executive members of Ganduje’s ward, Dawakin-Tofa Local Government Area, the Assistant Secretary, Laminu Sani and Legal Adviser, Haladu Gwanjo (plaintiffs), who were part of the nine ward executives who suspended Ganduje on Monday.

The court directed the four parties (respondents) joined in the matter, including the APC, NWC, APC Kano State Working Committee, and Ganduje, to henceforth, maintain status quo ante belum as of April 15th,2024 pending the hearing and determination of the substantive suit on April 30th 2024

Justice Na’abba, also held as prayed, stopped State Working Committee APC Kano from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by a two-thirds majority of the executives as provided by the party constitution.

The ex parte order read,, “An order is hereby granted directing all parties in the suit APC (first), APC National Working Committee (second), Kano State Working Committee APC (third), Dr. Abdullah Umar Ganduje (fourth), to maintain status quo ante belum as of April 15, 2024.
“The order thereby restraining the first respondent (APC) from recognising the fourth respondent (Ganduje) as a member of APC and prohibiting the fourth respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legally and validly decision of the ward executives of Ganduje ward.

“That the fourth respondent (Ganduje}is prohibited from parading himself as a . member of APC or doing any act that may _ portray him or seem to be a member of APC pending the hearing and determination of the
substantive suit.”

Nine members of the Ganduje ward proclaimed the suspension of the National Chairman of the APC over the allegation of corruption slammed on him by the Kano State Government.

The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of the AP from the National chairman’s polling unit.

in the petition, Adamu complained over allegations of corruption charges against the
former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party and the implication on President Bola Tinubu’s fight against corruption.

Although the chairman and secretary of the ward failed to act on the petition filed en April 8, 2024, nine members of the executives, led by the legal adviser, acted upon the petition, a decision that led to Ganduje’s suspension.

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