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.
By Petrus Obi
Youths from the Oru area of Imo State have warned the Minister of the Federal Capital Territory, Nyesom Wike, against what they described as continued attacks on the state Governor, Hope Uzodimma, following the minister’s latest comments on the governor’s political ambitions.
The youths, in a statement signed by Hon Chinemerem Obi, said Wike should refrain from interfering in the internal political affairs of Imo State, insisting that the political future of Governor Uzodimma and the people of the state should be determined through democratic processes.
Their reaction followed Wike’s appearance on TVC’s Journalists’ Hangout on Monday, where the minister said he would not support Uzodimma for the position of Senate President after the 2027 elections.
Wike alleged that some APC governors were attempting to influence the emergence of lawmakers who would support their preferred candidate for Senate President and Speaker of the House of Representatives.
He specifically linked the disagreement to Uzodimma, alleging that the Imo governor was positioning himself to become Senate President after leaving office.
According to Wike, Uzodimma’s tenure as governor would end in 2028 and he was allegedly planning to leave office, contest for the Senate and subsequently seek the Senate presidency.
Wike said he would not support the reported ambition.
The minister’s comments have drawn a fresh response from groups in Imo, with the Oru youths accusing him of turning a political disagreement into what they described as a personal campaign against the governor.
The youths said Wike’s opposition to Uzodimma’s reported Senate ambition was a political position to which he was entitled, but argued that the minister should not use his position to dictate the political choices of Imo people.
They also questioned why Wike was repeatedly focusing on Uzodimma amid the wider disagreement between him and APC governors over his proposed Rainbow Coalition.
The coalition has been promoted by Wike as a platform to mobilise support for President Bola Tinubu’s re-election in 2027, despite Wike remaining a member of the Peoples Democratic Party.
Wike has maintained that supporting Tinubu for president does not require politicians to support APC candidates in governorship or legislative elections.
The Oru youths said the reported ambition to become Senate President remained a political aspiration and should not be presented as an established fact.
They urged Wike to allow Imo voters and the relevant political institutions to determine who represents them at the National Assembly and who eventually emerges as Senate President.
The allegation about Uzodimma’s Senate presidency ambition has also been made publicly by APC chieftain Tajudeen Olesin, who recently claimed that the governor planned to resign before the end of his tenure, contest for the Senate and seek the Senate presidency. That claim was presented as Olesin’s assertion, rather than an announcement by Uzodimma himself.
The youths further appealed to political leaders in the Southeast to avoid statements that could deepen political divisions in the region.
They maintained that disagreements over the 2027 elections, legislative contests and political succession should be settled through democratic engagement rather than personal exchanges.
The development comes amid increasing political tension between Wike and several APC governors over the minister’s political activities ahead of the 2027 general elections.
Earlier, a group identified as Imo Lawyers for the Defence of Democracy also called on Wike to stop what it described as personal attacks on Uzodimma, arguing that political disagreements should be addressed through dialogue and democratic institutions.
The latest controversy is expected to keep the political relationship between Wike and Uzodimma under close scrutiny as preparations for the 2027 elections intensify.
Minister of the Federal Capital Territory, Nyesom Wike, has dismissed concerns by some All Progressives Congress governors that the proposed Rainbow Coalition could weaken the ruling party ahead of the 2027 elections.
Speaking on TVC’s Journalists’ Hangout on Monday, Wike said the coalition was primarily focused on mobilising support for President Bola Tinubu’s re-election, while allowing politicians to support candidates of their preferred parties in governorship and legislative elections.
Wike argued that supporting Tinubu for president would not prevent politicians from backing other candidates in elections at the state and National Assembly levels.
He cited the experience of the G5 governors during the 2023 elections, saying the group supported Tinubu’s presidential bid while their respective parties retained their candidates for other positions.
“In 2023, core leadership G5, we said we are going to support Mr President. But we never said that all our candidates in other elections will fail,” Wike said.
The FCT minister alleged that some APC governors were opposing the coalition because of their political interests, particularly efforts to influence the emergence of the next Senate President and Speaker of the House of Representatives.
He specifically accused Imo State Governor and Chairman of the Progressive Governors Forum, Hope Uzodimma, of positioning himself to become Senate President after leaving office.
According to Wike, governors seeking to control the emergence of senators and House of Representatives members could ultimately influence the choice of the presiding officers of the National Assembly.
He alleged that politicians who failed to secure APC tickets could contest under other platforms, win their elections and refuse to support candidates favoured by the governors for the leadership of the National Assembly.
Wike also declared that he would not support Uzodimma for Senate President.
“Life or death, I will never support a character of Hope Uzodimma to be the Senate President of Nigeria. Everybody knows that,” he said.
His comments came days after APC governors declared that they would neither participate in nor support any political alliance capable of weakening the party, affecting its candidates or undermining Tinubu’s re-election bid.
Uzodimma, who read the governors’ communique, said their support would remain exclusively for APC candidates at all levels.
Wike, however, maintained that the Rainbow Coalition was not designed to weaken or take over the APC, insisting that its primary objective was to mobilise support for Tinubu across party lines.
He also dismissed reports that Tinubu had agreed to concede nine states to the PDP or the Rainbow Coalition as part of a political arrangement ahead of the 2027 elections.
“Let us help Nigerians. Let’s get the facts. Who are… which are those states? Tell us. That they said the President agreed with me that he has conceded nine states,” Wike said.
The minister said he intended to campaign for Tinubu based on the administration’s record, citing issues such as the President’s support for state police and what he described as the devolution of resources and powers to the states.
Wike further disclosed that Tinubu was aware of the Rainbow Coalition and understood his political activities.
“As I speak to you here, Mr President knows about my concept, of the rainbow coalition…. Mr President understands me very well,” he said.
The dispute has heightened tensions within the ruling party as political activities intensify ahead of the 2027 elections.
Meanwhile, sources within the APC said that the party’s National Working Committee was working behind the scenes to broker a truce between the opposing camps.
The sources said the process was expected to advance following the return of APC National Chairman, Prof. Nentawe Yilwatda, from vacation, with plans for the NWC to meet President Tinubu and discuss ways of resolving the disagreement.
FCT Minister Nyesom Wike has disclosed that President Bola Ahmed Tinubu provided about ₦50 billion to Oyo State Governor Seyi Makinde to support the expansion and upgrade of Ibadan Airport.
Wike made the disclosure on Monday during an appearance on TVC News’ Journalists’ Hangout, while dismissing claims that he was the only member of the former Peoples Democratic Party (PDP) G5 governors to benefit from the Tinubu administration.
According to Wike, Tinubu also extended financial support to Makinde despite their political differences.
“The president has also extended his hand of support to the governor of Oyo State by providing funds for him to expand Oyo airport with a whopping sum of 50 billion naira,” Wike said.
The minister also cited former Abia State Governor Okezie Ikpeazu and former Enugu State Governor Ifeanyi Ugwuanyi, who he said currently serve as Nigeria’s ambassadors to Spain and Greece respectively.
Wike argued that it was therefore incorrect to suggest that he alone among the G5 governors had benefited from the Tinubu administration, saying the President had supported other members of the group in different ways.
The G5 consisted of Wike, Makinde, Ikpeazu, Ugwuanyi and former Benue State Governor Samuel Ortom. The group opposed the PDP’s presidential candidate, Atiku Abubakar, during the 2023 election and backed Tinubu.
By Okey Maduforo, Awka
Ahead of the 2027 National Assembly elections, a mass protest voting movement may be building up in Anambra South Senatorial District, following reported moves by members of major political parties to support the candidate of the Nigeria Democratic Congress (NDC), Chief Ebuka Onunkwo.
The development is said to be linked to grievances among some members of the All Progressives Grand Alliance (APGA), All Progressives Congress (APC), African Democratic Congress (ADC) and remnants of the Peoples Democratic Party (PDP) over the treatment allegedly meted out to Onunkwo during previous political contests.
Onunkwo, who had previously contested the Anambra South senatorial seat under APGA, later emerged as the NDC candidate for the 2027 election.
Although the ADC is currently embroiled in legal disputes over the authentic candidates and the conduct of its primary elections, some members of the APC and APGA are also reportedly dissatisfied with developments within their respective parties.
It was gathered that a section of APGA members, in particular, are backing Onunkwo as a form of protest over the conduct of the party’s senatorial primary, while some members of other parties are also believed to be considering voting for him irrespective of their party affiliations.
Confirming the growing support for Onunkwo, the Chief Executive Officer of NOWAS Oil and Gas Limited and a major stakeholder in Anambra South politics, Chief Ignesus Ikechukwudere Nnubia, said the NDC candidate currently enjoys widespread acceptability across party lines.
Nnubia said the growing support for Onunkwo had made his party affiliation less significant, arguing that voters would ultimately vote according to their conscience and assessment of the candidates.
He said, “At the moment, the number of APGA members with him and supporting him makes one wonder what is left of that party. Even the remnants of the PDP have pitched their tents with him, while members of the ruling APC at the national level are also behind him.
“So, the party that he belongs to is not a factor at all. You know that it is a game of numbers, and people are going to vote according to their conscience and not necessarily because of the political party they belong to.
“People are not bound to vote for their party, and some of them are ready and willing to vote for him.
“We are not talking about the party because he will surely get votes from the NDC, APGA, APC and even other political parties that are already closing ranks to support him as their candidate.”
Nnubia further described Onunkwo as the candidate currently standing tall among the contenders for the Anambra South senatorial seat, expressing confidence that his emergence would usher in what he described as a “new dawn” for the district.
He said political parties should not be the major consideration for voters, stressing that what matters most is the ability of elected representatives to improve the lives of their constituents.
According to him, political parties exist because of the people, and therefore the influence of party structures and incumbency has its limits during elections.
Nnubia said those factors would ultimately be tested by the electorate in the 2027 election, which he described as a contest in which voters’ choices would determine the outcome.
The Peoples Democratic Party (PDP) governorship candidate for the 2027 Ebonyi State election, Chief Ifeanyi Chukwuma Odii, has pledged to attract more than ₦2 trillion in private-sector investment to the state within six months of assuming office if elected.
Odii made the pledge while addressing supporters in Lagos ahead of the formal commencement of his campaign.
He said his investment strategy would cover key sectors of the Ebonyi economy, including mining, hospitality, real estate and manufacturing.
According to the PDP candidate, he has identified more than 2,000 prospective investors, each capable of investing about ₦1 billion in the state.
“I have over 2,000 people who can invest ₦1 billion each. When you multiply it, you will get over ₦2 trillion. This has been structured in such a way that all aspects of the economy will be involved,” Odii said.
He said the proposed investment drive was designed not only to inject capital into the state but also to create jobs, expand the productive base of the economy and provide opportunities for young people and entrepreneurs.
Odii said Ebonyi’s natural resources and strategic location placed it in a strong position to attract large-scale investments if its economic potential was properly harnessed.
He promised that his administration would prioritise private-sector participation, industrialisation and job creation while creating an enabling environment for both local and foreign investors.
The candidate also said existing businesses in the state would be supported to expand, while new investors would be encouraged to establish operations across various sectors.
His pledge comes amid growing political activities ahead of the 2027 governorship election, with economic development, employment generation and wealth creation featuring prominently in his campaign message.
The proposed ₦2 trillion investment target within six months, if achieved, would represent a significant boost to Ebonyi’s economy and rank among the most ambitious private-sector investment mobilisation plans proposed in the state.
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