Politics
Tinubu: Presenting fresh evidence at Supreme Court difficult — Lawyer
According to him, the rules admitting fresh evidence at the Supreme Court are very stringent.
Erokoro stated this on Sunday in Abuja in an interview with the News Agency of Nigeria.
He said the general rule is that additional evidence is not encouraged at the apex court.
“The general rule is that additional evidence at the Supreme Court or any Court of Appeal is not encouraged at all, but that doesn’t mean that it is totally forbidden.
“However, the rules for admitting it are very stringent.
“The first is that such evidence is going to be extremely material to the resolution of the issues in the case. That’s one of the hurdles to be crossed.
“The second hurdle is that such evidence could not have been procured during the trial at the trial court by reasonable diligence.
“So it is either the evidence was not available at the time of the trial or it could not, by any kind of due diligence or any reasonable effort, be made available.
“For evidence to be admissible at the Supreme Court or in any Court of Appeal, it has to, at a very minimum, satisfied those two conditions,” he said.
On whether there are provisions in the constitution allowing a party to tender additional evidence at the apex court, the senior lawyer noted, “Most of these rules are case laws and the Evidence Act does not specifically make these provisions.”
He stressed that it is only backed by the rules of the court.
“In the case of election petition, the constitution requires that the proceeding be concluded within 180 days at the election tribunal which, in the case of the presidential election, is the Court of Appeal.
“So the Court of Appeal which may have the power to admit additional evidence cannot have any jurisdiction if the jurisdiction of the trial court has expired.
“For instance, if a Court of Appeal has within six months to hear and conclude a presidential election matter and the six months have expired, even if the Supreme Court wanted to admit additional evidence, it doesn’t seem to me that it would be able to admit such evidence after the expiration of the six months,” he added.
According to him, if such evidence becomes available, it is very likely that it cannot be admitted on appeal.
“This is because it may not meet the jurisdictional requirement which is that a court which has jurisdiction to do it, will it have done it at this time?
“And if the period available for the trial court has expired, there is nothing the Appeal Court, in this case, the Supreme Court, can do,” he said.
Erokoro said that the Supreme Court or any appellate court in the country had 60 days within which to hear and conclude election matters.
“The fact that the Supreme Court has only two months within which to hear the appeal will not revive the jurisdiction of the trial court,” he added.
On whether there is a period within which a Supreme Court can admit additional evidence, Erokoro said, “Except when it is dealing with matters that have come before it under its original jurisdiction, the Supreme Court doesn’t, generally, admit evidence.
“It is an appeal court and its function is to see whether the matter was properly tried at the trial court, and not to admit additional evidence.
“It’s just that there are few exceptions to the rules regards that and those exceptions, I have already explained to you.
“But outside that, the Supreme Court, generally, doesn’t like to admit additional evidence because it is not fair to the trial court which did not hear that.
“Two, you will not give the other party the chance to, maybe, gather evidence that could have contradicted that one.
“So that is why the rules are very strict and that’s why you don’t see it happening all the time.”
He said though the move could succeed, he described it as “an uphill task.”
When asked about grounds that an already decided case can be reviewed at the Supreme Court, he said though the grounds are not determined by law, there are rules of trial that are universal in Nigeria.
“One of them is whether due process was followed, admissible evidence rejected or inadmissible evidence admitted, if the trial court failed to act fairly to both sides if the lower court made a mistake as regards the law to be applied, etc.
“So there are so many possibilities that the grounds of appeal can be built around,” he said.
Erokoro said though it was reported in the media that Alhaji Atiku Abubakar, the Peoples Democratic Party presidential candidate in the Feb. 25 poll, planned to file new evidence at the apex court, it was still in the realm of speculation.
“This is actually within the realm of speculation because I have not seen the evidence beyond what the press has reported and I don’t know whether those who issued the documents are prepared to come to court, otherwise, there is a risk of what is called, ‘documentary hearsay,’” he said.
NAN reports Abubakar on Friday sought the leave of the Supreme Court to bring in fresh additional evidence to prove that President Tinubu submitted a forged certificate to the Independent National Electoral Commission in aid of his qualification for the presidential election.
The documents Atiku sought to tender are Tinubu’s academic records, which were handed over to him by Chicago State University on Monday, October 2, 2023.
The 32-page documents were released to the former Vice President on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, U.S.
NAN.
Former Vice President Atiku Abubakar has raised concerns over a suspicious credit into one of his private bank accounts, alleging that his confidential banking details may have been compromised.
Atiku, the presidential candidate of the African Democratic Congress (ADC), disclosed this in a statement issued on Friday and signed by his Senior Special Assistant on Public Communication, Phrank Shaibu.
According to the statement, the transfer was made by an individual unknown to the former vice president, with the narration: “Contribution Electioneering Campaign.”
“Neither His Excellency nor his campaign solicited, authorised or has any knowledge of the individual or entity behind the unauthorised payment,” the statement read.
Atiku said the circumstances surrounding the transaction were “deeply troubling,” noting that the account was strictly private and its details were not publicly available.
“The account is a strictly private one whose details are not in the public domain. This raises a fundamental question: How did unknown persons obtain the confidential banking details of a private citizen?” the statement added.
He said the alleged access to his banking information raised broader concerns about the protection of Nigerians’ financial privacy.
“If the private banking information of a former Vice President and a leading presidential candidate can be accessed and deployed for reasons yet unknown, then no Nigerian’s financial privacy is safe,” Atiku was quoted as saying.
The former vice president also expressed concern that the information may have been obtained through individuals with privileged access.
“Even more disturbing is the suspicion that such confidential information may have been obtained through persons with privileged access,” the statement said.
Atiku warned that any breach of confidential banking information could expose citizens to serious security threats.
“If established, this would amount to a grave abuse of power capable of exposing the account holder to kidnappers, terrorists, bandits, fraudsters and other criminal elements,” the statement added.
The ADC presidential candidate said security agencies and Nigerians had been notified of the development, describing it as part of a series of suspicious activities ahead of the 2027 general elections.
“We therefore put the Nigerian public — and the security agencies — on notice about this latest incident in a litany of suspicious activities leading up to next year’s general elections,” he said.
Atiku urged Nigerians not to be distracted by what he described as attempts to smear his reputation as political activities intensify ahead of the elections.
“As political activities gather momentum, Nigerians should not be distracted by these tired tactics that smack of character assassination,” the statement read.
“Such desperate antics have failed before and will fail again,” he added.
The former vice president maintained that he remained committed to providing what he described as credible leadership and practical solutions to Nigeria’s challenges.
“The Waziri Adamawa remains focused on offering Nigerians credible leadership and practical solutions to the nation’s challenges,” the statement said.
President Bola Tinubu has directed the Economic and Financial Crimes Commission (EFCC) to immediately return to court and vacate the order freezing the Osun State Government’s accounts, citing the need to safeguard public confidence in the democratic process ahead of the state’s governorship election.
In a statement issued by the State House on Thursday, the President said he was not opposed to the EFCC exercising its statutory powers but expressed concern over the timing of the action, noting that Osun is only days away from the August 15 governorship poll.
Tinubu said he was “deeply embarrassed” not by the anti-graft agency’s mandate, but by the decision to freeze the state’s accounts at such a sensitive political period.
The EFCC had obtained a court order on August 5, 2026, as part of an investigation into alleged financial infractions involving the Osun State Government. The commission maintained that its actions were lawful, insisting it could freeze accounts suspected to be linked to financial crimes and seek judicial approval for extended restrictions.
The President, however, said actions taken by federal institutions are often attributed to him, regardless of whether he had prior knowledge of them.
He reiterated that since assuming office, he had consistently allowed anti-corruption agencies to operate independently without political interference, stressing that strong democratic institutions were essential to the rule of law.
Despite this position, Tinubu said the proximity of the Osun governorship election made the timing of the EFCC’s action inappropriate and required his intervention to prevent any perception that federal agencies were being used to influence the electoral process.
According to him, although he had not been fully briefed on the facts behind the investigation, the overriding public interest demanded that confidence in the integrity and fairness of the election be protected.
The President subsequently directed the EFCC to immediately return to court, vacate the freezing order and discontinue the action against the Osun State Government.
The development follows a dispute between the Osun State Government and the EFCC over allegations of financial misconduct. The state government has denied claims of misappropriating ₦11 billion and accused the commission of attempting to justify its decision to freeze the accounts, while the EFCC insists its investigation is strictly based on its statutory mandate and not politically motivated.
Osun State Governor and Accord Party governorship candidate, Ademola Adeleke, has reaffirmed his administration’s commitment to resisting all forms of intimidation through lawful and democratic means as the state prepares for the August 15 governorship election.
In a series of posts on his X account on Thursday, Adeleke said his administration remains focused on prudent management of public resources and implementing people-centred policies that have improved the lives of residents across the state.
The governor expressed appreciation to party members and supporters in Ayedaade Local Government Area for the massive turnout during his campaign visit, describing the reception as a strong endorsement of his continuity agenda.
According to him, the enthusiasm shown by supporters reflects their determination despite what he described as repeated provocations.
Adeleke urged his supporters to remain peaceful, vigilant and united, insisting that the best response to intimidation is discipline and a massive turnout on election day.
His remarks come amid controversy over the reported freezing of the Osun State Government’s statutory allocation account by the Economic and Financial Crimes Commission (EFCC) as part of an ongoing investigation.
The Nigerian Bar Association has criticised the EFCC’s action, arguing that the anti-graft agency lacks the constitutional authority to impose a blanket restriction on a state’s finances without due legal process.
Meanwhile, the Osun State Government has denied any financial wrongdoing. Commissioner for Information and Public Enlightenment, Kolapo Alimi, accused the EFCC of acting on the alleged directive of former Governor Gboyega Oyetola to frustrate the payment of workers’ palliatives.
The Osun governorship election is scheduled for August 15, with Adeleke seeking a second term under the Accord Party platform.
Amid allegations of financial impropriety rocking the Ondo State House of Assembly, lawmakers on Wednesday held a parliamentary meeting to deliberate on pending legislative matters and announced the constitution of a four-member panel to investigate and audit the Assembly’s accounts, including the alleged involvement of the Speaker, Olamide Oladiji.
The meeting was held at the Assembly complex, but the Speaker and his Deputy, Ololade Gbegudu, were absent. The Majority Leader, Hon. Olatunji Oshati, however, attended the meeting.
Addressing journalists after the meeting, the Chairman of the House Committee on Information, Hon. Olatunji Ifabiyi, alongside some lawmakers, confirmed that the Assembly’s accounts would be audited.
Ifabiyi, who did not disclose the identities of members of the four-member probe panel, said the leadership of the House had been under pressure to resume legislative activities.
He said the lawmakers considered it necessary to reconvene to discharge their constitutional responsibilities of lawmaking and oversight, following concerns over the prolonged absence of plenary sessions and committee meetings.
According to him, the lawmakers deliberated on issues affecting the development of Ondo State, including constituency projects, community development and the welfare of residents across the state’s 18 local government areas.
Speaking on the political situation in the Assembly, Ifabiyi said lawmakers had not abandoned their plan to impeach the Speaker, but were awaiting further directives from the leadership of the All Progressives Congress (APC).
He dismissed allegations that lawmakers had been financially induced to abandon the impeachment move, insisting that the process remained pending.
“We are still waiting for the leadership of the party. We are unable to proceed further until the leadership of the party asks us to. So, it’s pending. We are still on course,” he said.
On the role of the state government in the crisis, Ifabiyi said Governor Lucky Aiyedatiwa had no role in the day-to-day running of the legislature, describing the intervention of the APC leadership as a normal party affair.
“The Governor does not intervene in the running of the legislature. It is normal for a party to intervene because we are from the same family,” he said.
He added that the APC leadership should treat all members of the Assembly equally, noting that all 26 lawmakers belonged to the same political party.
“Our father will not prefer one person at the expense of 26. Our father will not do that,” Ifabiyi said.
The Ward Executive Committee of the Nigeria Democratic Congress (NDC), Ward 9, comprising Amoli, Ogugu, Owelli and Ugbo in Awgu Local Government Area of Enugu State, has reaffirmed the indefinite suspension of Mr SKC Ogbonnia from the party.
The Ward said the suspension took effect on May 18, 2026, following the conclusion of disciplinary proceedings conducted in accordance with the party’s constitution.
In a statement dated August 5, 2026, the Ward Executive Committee clarified that the suspension was not a recent decision and remains valid and binding until it is reviewed or lifted by the appropriate organs of the party.
According to the committee, the disciplinary action followed the report of a duly constituted Ward Disciplinary Committee set up to investigate petitions and complaints alleging anti-party activities, gross misconduct, acts of sabotage and conduct considered prejudicial to the interests of the NDC.
The Ward Chairman, Hon. Chief Chukwunta Chibuike Fabian, said the committee observed the principles of fair hearing and due process by issuing several invitations to Ogbonnia and giving him opportunities to appear and respond to the allegations against him.
However, the committee alleged that Ogbonnia failed and refused to honour the invitations or participate in the disciplinary proceedings.
According to the Ward, his alleged refusal to appear compelled the disciplinary committee to conclude its assignment based on the evidence before it.
The report was subsequently adopted unanimously by the Ward Executive Committee, which resolved that Ogbonnia be suspended indefinitely from the NDC with effect from May 18, 2026.
The party said the allegations against him included persistent anti-party activities, gross misconduct, disloyalty, attempts to undermine the party’s leadership, programmes and electoral interests, conduct capable of bringing the party into public disrepute, and disregard for the party’s constitution and lawful directives.
The Ward Executive Committee also claimed that its internal verification showed that Ogbonnia was not recognised as a registered member of the NDC in Ward 9.
The committee questioned the basis of his alleged association with the party and expressed concern over his possession of the Ward’s account number.
According to the Ward, it did not authorise or disclose its account details to Ogbonnia and called on him to explain how he allegedly obtained the information.
The committee further stated that, throughout the period of his suspension, Ogbonnia is prohibited from attending or participating in meetings, programmes, activities or decision-making processes of the NDC.
It also warned that he must not present himself publicly as a member, official or representative of the party unless and until the suspension is reviewed or lifted by the appropriate party authorities.
The Ward Executive Committee said the disciplinary action was necessary to protect the integrity, discipline, unity, constitutional order and credibility of the NDC.
It reaffirmed its commitment to accountability, internal democracy and what it described as zero tolerance for conduct detrimental to the collective interests of the party.
The statement was signed by Hon. Chief Chukwunta Chibuike Fabian, Ward Chairman, NDC Ward 9, Awgu Local Government Area, Enugu State.
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