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Atiku Heads to Supreme Court with Fresh Evidence Against Tinubu

Published

3 years ago

October 7, 2023

Eric

In a bid to establish allegations of forgery and lying on oath against President Bola Tinubu, the Peoples Democratic Party (PDP) presidential candidate in the February 25 poll, Alhaji Abubakar Atiku, has sought the leave of the Supreme Court to bring introduce fresh evidence to prove that Asiwaju Bola Tinubu submitted a forged certificate to the Independent National Electoral Commission (INEC) as requirement to contest the election.

The documents, which Atiku sought on Friday evening to tender are Tinubu’s academic records, which were handed over to him by Chicago State University (CSU) 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, United States of America (USA).

The US court had ordered the CSU to release the said documents to Atiku despite Tinubu’s objection because the court was convinced that it would help Atiku establish his allegations of forgery and lying on oath against Tinubu, who won the February 25 presidential election.

Atiku had consistently maintained that the issue of forgery and perjury is a serious constitutional matter; hence, the court should order the removal of Tinubu as president.

The PDP presidential candidate predicated his prayers for leave to file fresh evidence on Order 2, Rule 12(1) of the Supreme Court Rules 1985, Section 137(1)O of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and under the inherent jurisdiction of the Court as granted by Section 6(6)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The application dated October 5 but filed on October 6 specifically prayed the apex court for an order granting him leave “to produce and for the court to receive fresh and additional evidence by way of deposition on oath from Chicago State University for use in this appeal, to wit: the certified discovery deposition made by Caleb Westberg on behalf of Chicago State University on October 3, 2023, disclaiming the certificate presented by the 2nd respondent, Bola Ahmed Tinubu, to the Independent National Electoral Commission”.

Atiku further prayed the Apex Court to “receive the said deposition in evidence as an exhibit in the resolution of this appeal”, as well as any such order or orders the Apex Court may deem fit to make in the circumstances.

The application was predicated on 20 grounds, which, amongst others, claimed that the “deposition sought to be adduced is, along with its accompanying documents, such as would have an important effect on the resolution of this appeal”.

According to the appellant, “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, that whoever issued the certificate presented by the 2nd Respondent did not have the authority of the Chicago State University, 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 Attorney, 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 it could not have been obtained with reasonable diligence for use at the trial, as the deposition required the commencement of the suit in the United States of America before receiving it. It was not possible to obtain the said evidence before the trial at the court below.

“The deposition was made on October 3, 2023, after the conclusion of the trial at the Court below and was not available to be tendered at the trial”.

Atiku, through his lead counsel, Chief Chris Uche (SAN), reminded the Apex Court that “the presentation of a forged certificate to INEC by a candidate for election to the office of President of the Federal Republic of Nigeria is a weighty constitutional matter, requiring consideration by the Courts as custodians of the Constitution”.

Uche stated that the original certified deposition has been forwarded to the Supreme Court in a letter addressed to the Chief Registrar of the Supreme Court.

In a 20-paragraph affidavit deposed in support of the appeal numbered SC/CV/935/2023 with petition number CA/PEPC/05/2023, the deponent, one Uyi Giwa-Osagie, a legal practitioner, stated that the certificate Tinubu presented to INEC in support of his qualification to contest the presidential election was tendered in evidence at the trial and marked as Exhibit PBD1B, and a copy of the same is annexed herein as Exhibit “E”.

Giwa-Osagie added that the same document was tendered at the aforesaid deposition in the United States of America, and at the trial, a certificate obtained from Chicago State University was also tendered in evidence as exhibit PBE4, and a copy thereof is annexed herewith as exhibit “G.”.

“That the deposition is a relevant piece of fresh evidence explaining the status of the certificate the 2nd Respondent presented to INEC in support of his qualification to contest the election.”

Meanwhile, Uche informed the Apex Court that they would be relying on the Record of Appeal already transmitted and “in the well of this Honourable Court, which the Honourable Court is entitled to look at”.

While citing a plethora of cases, the senior lawyer said, “My Lords, we most humbly adopt the facts as presented in the supporting affidavit, and the same will be referred to in the course of the argument”.

Besides, Uche submitted that the Supreme Court has the power, jurisdiction, and discretion to grant an application for adducing fresh or additional evidence on appeal.

Order 2 Rule 12(7), (2), and (3) of the Supreme Court Rules provide as follows: “A party who wishes the Court to receive the evidence of witnesses (whether they were or were not called at the trial) or to order the production of any document, exhibit, or other thing connected with the proceedings in accordance with the provisions of Section 33 of the Act shall apply for leave on notice of motion prior to the date set down for the hearing of the appeal.

“The application shall be supported by an affidavit of the facts on which the party relies for making it and of the nature of the evidence or the document concerned.

“It shall not be necessary for the other party to question the additional evidence intended to be called, but if leave is granted, the other party shall be entitled to a reasonable opportunity to give his own evidence in reply if he so wishes.

“My Lords, we submit that the requirements for the grant of applications to adduce fresh or additional evidence on appeal have been established by this Honourable Court in a plethora of cases, and they are as follows:

“It must be shown that the evidence sought to be adduced in evidence could not have been obtained with reasonable diligence for use at the trial.

“The fresh evidence must be such that if given, it would probably have an important effect on the result of the case, although it need not be decisive, and the evidence must be such as is presumably to be believed; in other words, it must be apparently credible”.

According to Uche, from cases already decided by the apex court, it could be seen that there is only one single requirement, which is the need to do justice fairly, equitably, and justly.

“We humbly submit that the grant of the present application will certainly be in furtherance of the course of justice in this matter. This is a case in which the 2nd Respondent was purportedly returned as the winner of the said election to the office of the President of the Federal Republic of Nigeria, and the Appellants/Applicants have, amongst other grounds, challenged the election of the 2nd Respondent on the ground of his qualification to contest the said election and more especially on the basis that the 2nd Respondent presented a forged document to INEC.

“The appellants and applicants have also, in their appeal, challenged the striking out of their pleadings, raising the issue of the qualification of the second respondent to contest the said election.

“The evidence required to establish that the certificate presented by the 2nd Respondent to the 1st Respondent in support of his qualification to contest the said election is the deposition from Chicago State University, which deposition did not become available until after the determination of the case by the lower Court.

“The said evidence is now available and forwarded to this Honourable Court. We submit that the appellants and applicants have successfully explained the delay and difficulties in obtaining the said evidence earlier than now and all the necessary steps taken to obtain the evidence and to present the same to this Honourable Court.

“We submit that a successful proof of the said allegation will render the 2nd Respondent unqualified to have contested the said election ab initio for presentation of a forged certificate to the Independent National Electoral Commission (INEC) pursuant to the provisions of Section 137(1)(j) of the Constitution, being a weighty matter of constitutional importance,” he said.

He added that the Supreme Court had, in the case of Saleh vs. Abah (2017), held that “the intention of the Constitution is that anyone who has presented a forged certificate to INEC should stand automatically disqualified for all future elections if, as in this case, a court or tribunal finds the certificate to have been forged, and it matters not whether or not such fact is further fraudulently or desperately concealed in subsequent elections or declaration forms.

“No decent system or polity should condone or, through judicial policy and decisions, encourage the dangerous culture of forging certificates with impunity to seek electoral contests.”.

While submitting that “a weighty constitutional issue as the one raised in this matter is akin to a jurisdictional issue which is so fundamental and important that it can be raised at any time and in any manner in the course of the proceedings or on appeal,” Uche said and urged the apex court to “resolve this issue in favour of the appellants or applicants and grant this application,”.

Meanwhile, no date has been fixed for the hearing of the motion by the Supreme Court.

Featured

Attempted Coup: DSS Arraigns Five for Alleged Refusal to Reveal Timipre Sylva’s Hiding Place

Published

1 hour ago

July 2, 2026

Eric

The Department of State Services (DSS) at the Federal High Court in Abuja, arraigned five associates of former Minister of Petroleum Resources, Timipre Sylva.

They are accused of concealing information regarding the whereabouts of their principal, who is alleged to be a financier of an aborted coup attempt against President Bola Tinubu.

Sylva, a former Governor of Bayelsa State, has been declared wanted by the Federal government, and his identified properties have been marked for forfeiture following his indictment as the sponsor and mastermind of the alleged coup plot.

The five associates are Reuben Ayuba, Musa Mohammed, Friday Paul, Paganengigha Anagaha, and Ayebaifife Suobite. They were arraigned on Wednesday before Justice Peter Lifu.

A two-count charge filed against them indicates that the accused became accessories after the fact of felony on April 28, 2026, by concealing the whereabouts of Timipre Sylva, who is classified as a fugitive. The alleged offense is contrary to Section 519 of the Criminal Code Act Law of the Federation of Nigeria, 2004.

Additionally, the DSS has accused them of conspiracy to commit a felony, specifically for concealing the whereabouts of Timipre Sylva, also a fugitive, in violation of Section 516 of the Criminal Code, LFN 2004.

All the accused persons pleaded not guilty to the charges when they were read to them.

DSS lawyer, Emmanuel Orubor, requested that the judge schedule a date for the DSS to commence their trial by calling witnesses to testify against the defendants.

In response, Sunusi Musa (SAN), who represented Reuben Ayuba and Paganengigha Anagaha (the 1st and 4th accused persons), filed a bail application for his clients on various grounds.

Similar applications were made by Ibrahim Imadegbelo, representing Musa Mohammed (the 2nd accused), I. G. Kelubia, standing for Friday Paul (the 3rd defendant), and E. C. Sogo, who argued for Ayebaifife Suobite (the 5th accused person).

The lawyers pointed out to Justice Lifu that their clients have been in custody since October 25, 2025, and urged the court to grant them bail on liberal terms.

In a brief ruling, Justice Lifu granted them bail in the sum of N5 million each, along with two sureties for each, in a similar amount. The sureties are required to swear to an affidavit of means, provide evidence of three years of tax payment, demonstrate visible means of livelihood, and submit recent passport photographs.

Justice Lifu ordered that the claims of identities of the sureties must be verified by the Registrar of the Court.

Pending the perfection of the bail conditions, the Judge ordered that the accused persons be remanded in Kuje Correctional Centre in Abuja and fixed July 22 for the commencement of trial.

Featured

UBA Reinforces Commitment to Rewarding Customer-Loyalty with N400m Bonus

Published

1 day ago

July 1, 2026

Eric

UBA Rewards Customer Loyalty with Over ₦400 Million Bumper Account Anniversary Bonus
…Reinforces commitment to rewarding customers for consistent savings
Africa’s Global Bank, United Bank for Africa (UBA) Plc, has rewarded thousands of customers with over ₦400 million in anniversary bonuses under its flagship UBA Bumper Account, reaffirming the Bank’s unwavering commitment to rewarding customer loyalty and promoting a strong savings culture.

The payout, one of the largest loyalty rewards under the Bumper Account initiative since its launch, saw qualifying customers receive anniversary bonuses directly into their accounts, demonstrating UBA’s resolve to create lasting value for customers who consistently save with the Bank.

The UBA Bumper Account is a unique savings product that rewards customers simply for maintaining and growing their savings. Every year an eligible account reaches its anniversary, customers receive a cash bonus, making disciplined saving both rewarding and beneficial over time.
Speaking on the milestone, UBA’s Head, Retail Products, Tomiwa Sotiloye, said the Bank remains committed to ensuring that customers benefit directly from their relationship with UBA.

“At UBA, we believe customer loyalty deserves meaningful recognition. Every bonus paid is our way of saying ‘thank you’ to customers who continue to trust us with their financial aspirations. Surpassing the ₦400 million milestone reflects our commitment to creating products that not only help customers save but also reward them in tangible ways. It is another demonstration that when our customers grow, we grow with them.”

He added that both new and existing customers can open a UBA Bumper Account seamlessly through https://on.ubagroup.com/bumper-tc, any any UBA branch, the UBA Mobile Banking App, by dialing *919#, or online, positioning themselves to qualify for future anniversary rewards.

Also speaking, UBA’s Group Head, Brands, Marketing and Corporate Communications, Alero Ladipo, said the Bank’s customer-centric philosophy continues to shape its product offerings.

“The UBA Bumper Account reflects our unwavering commitment to putting customers first. We deliberately design products that reward responsible financial behaviour while delivering real value. Crediting over ₦400 million directly into customers’ accounts is not just a payout; it is evidence of our promise to make banking more rewarding and to continually appreciate the confidence our customers repose in us.”

The UBA Bumper Account remains one of the Bank’s flagship retail savings products, combining competitive savings benefits, digital convenience and attractive loyalty rewards. It forms part of UBA’s broader strategy to deepen financial inclusion by encouraging sustainable savings habits while delivering exceptional customer experiences.

Featured

Dele Momodu Leadership Centre Hosts Media Scholar, Prof Abiodun Adeniyi

Published

1 day ago

July 1, 2026

Eric

By Anjorin Fehintola Stella

We often measure leadership by the institutions people build or the positions they occupy. Yet, during his visit to the Dele Momodu Leadership Centre, Professor Abiodun Adeniyi repeatedly returned to something less visible but perhaps more enduring; the responsibility of documenting one’s life and thoughts. He spoke as someone who understands, at a personal level, what is lost when experience is left unrecorded. His emphasis on documentation was not stylistic advice for writers. It was an argument about memory itself, about how societies retain or lose the wisdom of the people who pass through them.

Ideas disappear when they are undocumented because memory, at the collective level, is fragile and selective. A society does not remember everything that happens within it, it remembers what is written down, repeated, taught, or institutionalised. An undocumented thought, however brilliant, dies with the person who held it, or worse, drifts into vague anecdote, stripped of its original precision. This is why oral cultures, for all their richness, often struggle to transmit complex ideas across generations with fidelity. Professor Adeniyi’s point, then, was not simply about personal record-keeping. History remembers people largely through what they leave behind, not through what they intended to leave behind. Intention without artefact disappears.

When he spoke about travelling, it would be easy to reduce his words to a fondness for movement or exposure. But the deeper claim runs further than that. Travel disrupts familiarity. It exposes individuals to different ways of living, thinking, governing and imagining society. Professor Adeniyi suggested that travelling remains one of the simplest yet most profound forms of education because it broadens not only knowledge but perspective. A person confined to one environment mistakes the local for the universal. Movement across geographies forces a confrontation with alternative logics, alternative arrangements of power, family, and meaning, and that confrontation is often where genuine learning begins.

Perhaps the strongest advice he gave concerned the pursuit of a doctorate. When Aare Dele Momodu spoke of his desire to pursue a PhD, Professor Adeniyi’s response challenged a growing culture in which academic qualifications are sometimes pursued as symbols of prestige rather than vehicles of inquiry. A PhD earned for the title that follows a name produces a credential without a contribution. A PhD earned out of genuine curiosity produces new knowledge and, more importantly, sustains the kind of intellectual restlessness that defines a thinking life. Professor Adeniyi’s counsel was that one should choose a field that strikes them professionally and personally, something that connects to lived purpose rather than social signalling, because the value of advanced study lies in the questions it forces a person to keep asking long after the degree is conferred.

Professor Abiodun did not reserve his counsel for matters of scholarship alone. Turning to the younger staff in the room, Professor Adeniyi offered something closer to reassurance than instruction, that everything they are currently going through, the uncertainty, the striving, the sense of being far from where they hope to be, is a phase both he and Aare Dele Momodu have lived through themselves. It was a reminder that ambition rarely moves on a straight or visible timeline. The goals and dreams that feel distant now are not denied, only delayed, and what stands between the present moment and their fulfilment is simply time and dedication, applied without pause.

Underneath all these threads, travel, documentation, the meaning of scholarship, was a single, unifying idea about legacy. Legacy isn’t what people say about you. It’s what remains after you leave. This distinction matters because praise is temporary and circumstantial, shaped by mood, politics, and memory’s natural decay. What remains, however, is structural. It is the book on a shelf, the institution still running, the idea still being taught.

This is where the conversation returned, inevitably, to the Centre itself. The library. The scholars’ rooms. The conversations. The institution. Professor Adeniyi appeared genuinely moved by what he encountered, not by the scale of the buildings, but by what the buildings were designed to hold. Perhaps that is why Professor Adeniyi appeared genuinely moved by the Centre. It was never merely about architecture. It was about permanence. Buildings become legacy only when they preserve ideas.

Every visit leaves footprints. Some are physical. Others are intellectual. Professor Abiodun Adeniyi’s visit left the latter.