Connect with us

Politics

Fresh evidence Chicago Varsity not statute-barred, Atiku to Tinubu, INEC

Published

on

As the Supreme Court gets set to hear appeals seeking to remove President Bola Tinubu from office, the candidate of the Peoples Democratic Party, PDP, in the February 2023 presidential election, Alhaji Atiku Abubakar, has said that nothing ought to stop the apex court from accepting his fresh evidence.

Atiku stated this in a reply on the point of law he filed to counter objections that Tinubu, the Independent National Electoral Commission, INEC, and the All Progressives Congress, APC, raised to query the admissibility of documents that were released to him by the Chicago State University, CSU, in the United States of America.

The former Vice President, who is challenging the outcome of the presidential election that was held on February 25, maintained that the documents he is seeking the permission of the apex court to tender would establish his allegation that Tinubu was not only ineligible to contest the election but was equally involved in certificate forgery.

The documents Atiku is seeking to tender before the apex court are Tinubu’s academic records that the CSU handed over to him on October 2, 2023.

The 32-page documents were released on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, United States of America.

The US court had ordered the CSU to release the said documents to Atiku, despite Tinubu’s objection.

However, following Atiku’s request to tender the documents, Tinubu, INEC and the APC raised separate objections wherein they argued that the Supreme Court could not admit the evidence at this stage of the case.

They argued that the 180 days allowed by the law for hearing of petitions against the outcome of the presidential election, had since elapsed.

According to them, the apex court, at this stage, lacks the requisite jurisdiction to receive and decide on the fresh evidence since it was not presented within the prescribed 180 days.

In his response to the objections, Atiku, through his team of lawyers led by Chief Chris Uche, SAN, argued that, contrary to the position of the respondents, “there is no such constitutional limit of 180 days on the lower court to hear and determine a presidential election petition, such that can rob this Honourable Court to exercise its power in any manner whatsoever”.

“The parties are agreed that the Constitution is the fons et origo and the grundnorm, and supersedes any other legislation,” he added.

Besides, Atiku maintained that while tribunals were established to deal with election matters from Houses of Assembly, National Assembly and Governorship elections, the Constitution gave the jurisdiction to entertain disputes from presidential elections only to the Court of Appeal.

“Thereafter, the Constitution was intentional and deliberate in setting the 180 days limit only for Election Tribunals, and not for the Court of Appeal. On the other hand, when it came to appeals, the Constitution clearly and expressly extended same to the Court of Appeal.

“The Constitution clearly excluded Court of Appeal in the preceding subsection,” he submitted.

Atiku further argued that a cursory look at Section 285 of the 1999 Constitution, as amended, shows that the Presidential Election Petition Court, PEPC, that heard and dismissed his petition, was not an election tribunal.

He contended that the framers of the Constitution limited the application of the 180 days specifically to election tribunals by virtue of section 285(6), excluding the Court of Appeal.

“On the other hand, when it came to the next subsection, namely Section 285(7), they intentionally included and mentioned Court of Appeal. The trite maxim, my Lords, is “expressio unius est exclusio alterius”, meaning that the express mention of one thing in a statutory provision automatically excludes any other which otherwise would have been included by implication.

“Furthermore, when granting jurisdiction to the Court of Appeal to entertain presidential election petitions, the Constitution did not pretend that it was conferring the jurisdiction on a “tribunal”; it clearly gave the jurisdiction to the Court of Appeal. Thus, section 239(1) of the Constitution specifically provides thus:-

“Subject to the provisions of this Constitution, the Court of Appeal shall, to the exclusion of any other court of law in Nigeria, have original jurisdiction to hear and determine any question as to whether – (a) any person has been validity elected to the office of President or Vice President under this Constitution.”

Uche also noted that when conferring on the Supreme Court the jurisdiction to entertain appeals arising from decisions in presidential election petitions, the Constitution limited itself to “Court of Appeal” and made no mention of ‘tribunal’.

He cited Section 233 subsections (1) and (2)(e)(i) of the Constitution which provides that: “The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Court of Appeal.

“An appeal shall lie from decisions of the Court of Appeal to the Supreme Court as of right in the following cases – (e) decisions on any question – (i) whether any person has been validly elected to the office of President or Vice President under this Constitution”.

He added that it was based on the above facts that the Presidential Election Petition Court itself administratively refused to be referred to as the “Presidential Election Petition Tribunal”, but the “Presidential Election Petition Court”.

“The case is not whether 2nd Respondent attended Chicago State University, but whether he presented a forged certificate to the INEC.

“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,” Atiku added. In

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Politics

Anambra Communities Boil As Group Carpets Traditional Rulers Over Zoning

Published

on

By Okey Maduforo, Awka

Ten communities that make up Anaocha Local Government Area of Anambra State are set for a showdown with their traditional rulers following the alleged suspension of the zoning arrangement for the Anambra State House of Assembly elections.

Recall that on April 7, 2022, the traditional rulers, in a Memorandum of Understanding (MoU), resolved that the House of Assembly seats for Anaocha I and Anaocha II constituencies would rotate among the ten communities, with each town occupying the seat for two terms.

The traditional rulers further resolved that the rotation would subsist irrespective of the political party through which lawmakers emerge, noting that the arrangement was aimed at ensuring that all ten communities have the opportunity to produce members of the State Assembly in the interest of equity and fairness.

However, the Anaocha Equity Forum, shortly after its meeting, expressed concern over the alleged suspension of the zoning arrangement.

Speaking, the Convener of the Anaocha Equity Forum, Mr. Valentine Okoye, said the forum would not take kindly to what it described as acts capable of destabilising the council area, adding that any such move would be resisted.

“This is a Memorandum of Understanding signed by our traditional rulers, and it has been respected until now. We in the Anaocha Equity Forum see this as a slap on the sensibilities of the ten communities that make up the area,” he said.

“We urge members of the public, political parties, and stakeholders to disregard the alleged position of the traditional rulers, as it does not represent the views and aspirations of our people.

“Our traditional rulers should be mindful of their roles as fathers of their respective communities. They should also understand that they would be held responsible for whatever backlash or consequences may arise from this recent position.

“We call on Governor Charles Soludo to call the traditional rulers to order so that the peace currently enjoyed in Anaocha Local Government Area will not be disrupted,” he stated.

Continue Reading

Politics

Mass exodus: Obi, Kwankwaso exit rocks ADC, 18 lawmakers join NDC

Published

on

The exit of Peter Obi and Rabiu Kwankwaso, two prominent opposition figures, has weakened the African Democratic Congress across both chambers of the National Assembly.

The National Democratic Congress, which received Peter Obi and Rabiu Kwankwaso on Sunday, recorded its biggest gains on Tuesday with the addition of 17 House members and a senator. Weeks earlier, its ranks expanded when Seriake Dickson, representing Bayelsa West, defected from the Peoples Democratic Party to join the party.

The development comes a few days after several opposition parties resolved to present a single presidential candidate against President Bola Tinubu in the 2027 elections.

The wave of defection to the NDC occurred 48 hours after Obi and Kwankwaso, two of the ADC’s most prominent figures, formally exited the party. These moves have significantly altered the opposition landscape ahead of the 2027 general elections, setting the stage for shifting political alliances.

Additionally, the latest defectors, drawn from Kano, Anambra, Lagos, Edo, Rivers, and Kogi States, cited internal disarray within the ADC as a major factor that influenced their decision.

While reading their letters on the floor of the House, Deputy Speaker Benjamin Kalu, who presided over the plenary session, said the lawmakers blamed the party’s instability for their departure, noting that the crisis remained “unresolved starting from the ward to the national level.”

The defectors to the NDC are Yusuf Datti, Sani Adamu, Zakari Mukhtari, Kamilu Ado, Harris Okonkwo, George Ozodinobi, Lilian Orogbu, Peter Anekwe, Emeka Idu, Ifeanyi Uzokwe, and Afam Ogene. Others include Lagos lawmakers Thaddeus Attah, Oluwaseyi Sowunmi, George Olwande, and Jese Onuakalusi, as well as Murphy Omroruyi from Edo and Umezuruike Manuchim from Rivers State.

In a separate move, Kogi lawmaker Leke Abejide defected from the ADC to the ruling All Progressives Congress.

The coordinated nature of the defections is widely interpreted as a show of loyalty to Obi and Kwankwaso, whose switch to the NDC is already reshaping opposition dynamics.

Both men are influential political figures with strong regional bases—Obi in the South-East and Kwankwaso in the North-West—and their exit from the ADC appears to have triggered a ripple effect among lawmakers aligned with their political structures.

The ADC’s current troubles did not emerge overnight. In recent months, tensions within the party escalated over leadership struggles, strategy disagreements, and competing ambitions among top figures.

The situation worsened amid reports of irreconcilable differences between Obi, Kwankwaso, and former Vice President Atiku Abubakar, who was also a central figure in opposition coalition talks.

Efforts to build a united front ahead of 2027 reportedly broke down due to mistrust, zoning disagreements, and control of party structures.

Their eventual defection to the NDC marked a turning point. Seen as a more viable platform for consolidating opposition strength, the NDC quickly became a magnet for lawmakers and political actors seeking stability and clearer leadership direction.

With the departure of key figures and a steady decline in its legislative strength, the ADC now faces a daunting struggle to maintain political relevance.

The loss of national figures like Obi and Kwankwaso, combined with the defection of lawmakers across multiple states, appears to have weakened its structure and electoral prospects.

Only last week, the party boasted 24 members of the House of Representatives, but it is now left with six.

Once the dominant opposition party, the Peoples Democratic Party may equally struggle to retain its status.

Though still officially the most formidable opposition in the House, the PDP  currently has 29 members in the Green Chamber, down from 116 members in its ranks at the inauguration of the 10th National Assembly in June 2023.

Continue Reading

Politics

2027: Akpabio Moves to Block Ex-Governors from Contesting for Senate President

Published

on

Barely a year to the inauguration of the 11th National Assembly, the Senate on Tuesday moved to tighten its internal rules, effectively narrowing the path to its most powerful offices and edging out a class of incoming lawmakers, including serving governors and former senators eyeing leadership positions.

In a move widely seen as pre-emptive, the red chamber, after about three hours of a closed-door session, amended Orders 4 and 5 of its Standing Rules, restricting eligibility for both presiding and principal offices to ranking lawmakers with defined legislative experience.

The amendments come amid growing interest by outgoing governors and political heavyweights, many of whom are positioning to enter the Senate in 2027 to contest for top leadership roles such as Senate President and Deputy Senate President.

Under the Revised Order 4, the Senate reinforced a strict hierarchy for the emergence of presiding officers, stating that “Nomination of senators to serve as Presiding Officers shall be in accordance with the ranking of senators and shall be strictly adhered to.

“The order of ranking are (i) Former President of the Senate, (ii) Former Deputy President of the Senate, (iii) Former Principal Officers of the Senate, (iv) Senators who had served at least one term of four years, (v) Senators who had been members of the House of Representatives, (vi) In the absence of i to v, senators elected into the Senate for the first time,” it stated.

Beyond this ranking structure, the Senate introduced a more stringent provision in Order 5, effectively excluding first-time and non-consecutive lawmakers from contesting principal offices.

The amended rule states: “Any senator shall not be eligible to contest for any principal office of the Senate unless he has served as a senator for at least two consecutive terms immediately preceding nomination.”

The implication is far-reaching: senators-elect who were not members of both the 9th and 10th National Assembly would be ineligible to vie for key leadership roles in the 11th Assembly.

Presiding offices in the Senate include the Senate President and Deputy Senate President, while principal offices comprise Senate Leader, Deputy Senate Leader, Chief Whip, Deputy Whip, Minority Leader, Deputy Minority Leader, Minority Whip and Deputy Minority Whip.

The rule changes come against the backdrop of an intensifying scramble for Senate seats ahead of the 2027 general elections, driven largely by governors completing their constitutionally allowed two terms.

No fewer than 10 state governors and several former governors are already angling to secure senatorial tickets, leveraging their influence over party structures to emerge as consensus candidates in their respective states.

At least 12 of the 36 state governors are in their second and final terms, with 10 set to complete their tenure by May 29, 2027.

The looming transition has triggered a wave of political realignments, with many seeking to maintain relevance and influence by moving to the National Assembly.

Eight of the affected governors are from the ruling All Progressives Congress, while Oyo State Governor, Seyi Makinde, belongs to the Peoples Democratic Party, and Bauchi State Governor Bala Mohammed is aligned with the Allied Peoples Movement.

Those expected to exit office in 2027 include AbdulRahman AbdulRazaq (Kwara), Abdullahi Sule (Nasarawa), Ahmadu Fintiri (Adamawa), Babagana Zulum (Borno), Inuwa Yahaya (Gombe), Mai Mala Buni (Yobe), Babajide Sanwo-Olu (Lagos), and Dapo Abiodun (Ogun), alongside Makinde and Bala Mohammed.

Although Bayelsa State Governor Douye Diri and Imo State Governor Hope Uzodimma will complete their tenures in early 2028 due to off-cycle elections, both have been drawn into early permutations for Senate seats.

In Imo State, the political temperature has risen sharply following moves by the All Progressives Congress to position Uzodimma for the Imo West senatorial seat.

Party leaders in the state have already named him as the consensus candidate, even as the incumbent senator, Osita Izunaso, is reportedly seeking a return to the red chamber.

Last Saturday, APC leaders from the Orlu Zone (Imo West), led by the state chairman, Chief Austin Onyedebelu, purchased the 2027 senatorial nomination form for the governor, urging him to accept the ticket.

Onyedebelu, who presented the forms to Uzodimma’s Chief of Staff, Chief Nnamdi Anyaehie, called for pressure on the governor to “accept the plea of Orlu people by filling the forms so that it can be submitted before the deadline of 5th May, 2026.”

The state APC has also warned other aspirants against contesting the seat, insisting that Uzodimma remains the consensus choice.

Complicating the contest, former Governor Rochas Okorocha equally purchased nomination forms in a bid to return to the Senate, a move confirmed by one of his aides, Darlington Ibekwe.

The Orlu Political Consultative Assembly further reinforced Uzodimma’s candidacy, declaring him the sole candidate for the district in what it described as a “total, unanimous, and irrevocable decision.”

The unfolding contest is also shaped by internal power dynamics within the ruling party.

Last month, President Bola Tinubu reportedly rebuffed attempts by National Assembly leaders to secure automatic return tickets for lawmakers, instead reaffirming the authority of state governors over candidate selection.

The stance has strengthened governors’ grip on party structures, enabling many of them to influence senatorial nominations as they prepare for life after office.

Against this backdrop, the Senate’s rule amendments appear designed to preserve institutional hierarchy and prevent an influx of first-time lawmakers, many of them politically powerful, from immediately taking control of the chamber’s leadership.

For ambitious entrants like Uzodimma and others plotting a return or debut in the Senate, the message from the red chamber is clear: experience within its ranks, not political clout outside it, will determine who leads in the 11th National Assembly.

Continue Reading

Trending

Copyright © 2017 Zox News Theme. Theme by MVP Themes, powered by WordPress.