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.
Politics
Anambra Communities Boil As Group Carpets Traditional Rulers Over Zoning
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.
Politics
Mass exodus: Obi, Kwankwaso exit rocks ADC, 18 lawmakers join NDC
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.
Politics
2027: Akpabio Moves to Block Ex-Governors from Contesting for Senate President
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.
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