Headline

Certificate Forgery: Overrule Tinubu’s Objection to Fresh Evidence, Atiku Tells S’Court

Published

9 months ago

October 19, 2023

Eric

Former Vice President Atiku Abubakar has prayed the Supreme Court to grant his application for leave to tender fresh an additional evidence to support his claim that President Bola Tinubu submitted forged document to the Independent National Electoral Commission (INEC), to contest the February 25 election.

Atiku, who is challenging the victory of President Tinubu in the 2023 presidential poll, said presenting forged documents by any candidate, especially by a candidate for the highest office in the land, is a very grave constitutional issue that must not be encouraged.

The Peoples Democratic Party (PDP) presidential candidate stated this in his reply on point of law to Tinubu’s objection to allow the presentation of fresh evidence before the apex court.

Tinubu had, in his objection to Atiku’s application for additional evidence to support the allegation of certificate forgery, argued that the issue of his qualification to contest the 2023 presidential election “is a pre-election matter” and prayed the court to reject the application.

But, in his reply on point of law, Atiku, while faulting Tinubu, argued that issues of merit ought not to be determined or pronounced upon at the interlocutory stage.

Noting that they are only at this stage merely applying for leave of the Supreme Court to receive the fresh evidence, Atiku submitted that “to refuse to grant the leave as the respondents have argued, will amount to undue technicality.

“The Supreme Court, as the Apex Court and indeed the Policy Court, has intervened time and again to do substantial justice in such matters of great constitutional importance, as it did in the case of Ameachi vs INEC (2008) 5 NWLR (Pt. 1080) 227 and Obi vs. INEC (2007) 11 NWLR (Pt. 1046) 565. The Supreme Court applied the principle of ubi jus ibi remedium to ensure that substantial justice is done in such novel scenarios.

“The need to rebuff, eschew and reject technicality and the duty of Court to ensure substantial justice is very germane in this matter, given the gravity of the constitutional issue involved in deciding whether a candidate for the highest office in the land, the office of President of the Country, presented a forged certificate or not.

“In urging the Honourable Court to overrule the objections of the Respondents, we can do no better than to commend to your noble Lordships the insightful words of the Supreme Court in Assah & Others V. Kara & Others (2014) LPELR-24212(SC), per Rhodes-Vivour, JSC as follows.

“Law is blind. It has no eyes. It cannot see. That explains why a statue of a woman with her eyes covered can be found in front of some High Courts. On the contrary, justice is not blind. It has many eyes, it sees, and sees very well.

“The aim of Courts is to do substantial justice between the parties and any technicality that rears its ugly head to defeat the cause of justice will be rebuffed by the Court.”

The former Vice President made the claims in a 20- paragraph affidavit deposed to in support of the application.

He argued that if the Apex Court grants the application, there would be no need for “any further argument other than the written address in support of same showing that the 2nd Respondent is in violation of the provisions of Section 137 (1) (j) of the Constitution by presenting a certificate disclaimed by the institution from where he purportedly procured same.

“That, contrary to paragraphs 16(xi) of the 2nd Respondent’s Counter-Affidavit, there was no ex parte communication with the Honourable Court, but the letter was forwarded to the Registrar of the Court just as was done in the case of Uzodinma vs. Izunaso (2011) 17 NWLR (Pt. 1275) 30, at 56 (paragraph h of the affidavit on page 56) in which Counsel for the 2nd Respondent and Counsel for the Appellants/Applicants were both involved.”

The deponent, Uyi Giwa-Osagie, further argued that Tinubu’s objection was baseless because he was represented both at the discovery and the depositions, as well as at the court hearing by his Chicago Attorneys, and that the 2nd Respondent never challenged the issue of venue of the discovery and deposition.

“That the presence of the 1st and 3rd Respondents at the discovery and deposition was not necessary. That I know that the 2nd Respondent’s appeal was to prevent the discovery and deposition, and that the said Appeal failed.

“That, I know as a fact that the discovery and deposition were ordered by the District Judge, and was not out-of-court. That the Appellants were not indolent in their pursuit of the discoveries and deposition as it was also the letter tendered as Exhibit XX2 by the 2nd Respondent in the course of his defence purportedly issued by Caleb Westerberg that clearly gave the Appellants/Applicants further reasons to build on the evidence of PW27 by the discovery proceedings for the documents and Deposition on Oath of the same Caleb Westerberg.

“That, the process for the discovery and deposition was commenced by the Appellants/Applicants with several initial preliminary processes by their U.S. Attorneys culminating in their eventually filing a Petition for the issuance of Subpoena, a copy of which is annexed herewith as Exhibit “K”.

“That the process was severely stalled by the vehement opposition of the 2nd Respondent, citing irreparable damage to him, amongst other excuses, and I annex herewith as Exhibit “L” the motion of the 2nd Respondent to quash the subpoena, which application failed.

“That the 2nd Respondent has been in primary possession of all the facts sought in the discovery but took every step to block their release, notwithstanding that the 2nd Respondent had equally applied through his Attorney in the United States, Mr Wole Afolabi, for the release of the said documents, which were released to him as shown is Exhibit “P” presented in the course of the discovery and deposition process.

“That I know as a fact that the Appellants are in this appeal challenging the rulings of the lower court striking out certain paragraphs of their Petition as well as their Replies dealing with aspects of qualifications of the 2nd Respondent.”

Meanwhile, Atiku faulted Tinubu’s submission that he was inconsistent in his names, describing the submission as immaterial and pedestrian, as there is no Petition challenging his qualification.

“That it is immaterial that 1st Respondent had since June 24th 2022 published the factitious credentials of the 2nd Respondent as presentation of a forged certificate by a candidate for election to the office of President of the Federal Republic of Nigeria is a post-election matter under Section 137 (1) (j) of the Constitution”.

Besides, Atiku pointed out that the presentation of a forged certificate disqualifies a candidate for all time, no matter when presented.

“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”.

Headline

There’s Ongoing Cold War Between Dangote and Tinubu Govt, Dele Momodu Reveals

Published

2 days ago

July 25, 2024

Eric

By Eric Elezuo

Veteran journalist and Publisher of Ovation Magazine, Aare Dele Momodu, has revealed that there is a cold war presently going on between richest man in Africa and the President Bola Tinubu-led Federal Government of Nigeria.

Momodu made the revelation while answer questions as a guest on News Central Television on Thursday.

He said: “I am not an expert in petroleum, but I am an expert in conspiracy theory, and I believe that there’s an ongoing cold war between Aliko Dangote and the Tinubu government; that one I’m very convinced about.

“It’s unfortunate that we get personal in Africa, especially in Nigeria, and they are getting personal with him. If he was in their good books, it wouldn’t matter whether what they are saying is true or not. And it’s very dangerous for a government to be vindictive; very dangerous. Because right now, I cannot how investors, whether foreign or local would want to invest in Nigeria.

“In fact, with what Aliko said, that has really damaged our investment opportunities; that people warned him against investing in Nigeria.”

Recall that in the past few weeks, the Federal Government agencies including the Nigeria National Petroleum Company Limited (NNPCL) and the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) have been having a running battle with the Dangote Refinery with the FG claiming that the refinery is not licenced and its products are less than standard.

On his part, Dangote has reiterated, accusing some officials of the NNPCL of owning blending refineries in other countries just as he revealed a hitherto unknown fact that NNPCL owns only 7.2% of Dangote Refinery as against the popularly pronounced figure of 20%.

Headline

Nationwide Protest May Lead to Anarchy, FG Warns

Published

2 days ago

July 25, 2024

Eric

The Federal Government has warned that there would be dire consequences for the stability of the country if a nationwide protest being planned by some Nigerians goes ahead from the beginning of next month.

Secretary to the Government of the Federation (SGF), Senator George Akume, met with ministers in his office behind closed doors to try to avert the protest.

But Nigeria Labour Congress (NLC), yesterday, dismissed reports that it was withdrawing from the proposed national protest by some citizens over the harsh economic situation in the country, saying it cannot be part of an idea that did not emanate from it.

South-east Governors’ Forum also distanced itself from the planned nationwide protests, citing concerns about the fragile political environment and potential hijack by criminal elements.

At the same time, some stakeholders, including some northern groups, opposed the idea of protest in the wake of harsh economic conditions. Instead, they recommended an engagement with the federal government.

But the leadership of Peoples Democratic Party (PDP), which supported the protest, said it was a constitutional right of the people.

In a similar vein, Minority Caucus of the House of Representatives urged the federal government to dialogue with planned protesters with a view to addressing their concerns.

Minister of Information and National Orientation, Mohammad Idris, issued the warning against the protest yesterday, when he received members of the Charismatic Bishops Conference, led by Archbishop (Professor) Leonard Kawas, who were on a courtesy visit to him, at his office in Abuja.

Idris said government was cautious and bothered about the protest against economic hardship, having seen the debilitating consequences of similar protests in other parts of the world, particularly in Kenya and Bangladesh.

The minister voiced concern that arsonists and criminals might be waiting to hijack the planned protest and unleash violence on innocent Nigerians.

Idris stated, “Why everybody is very cautious and very weary of this national protest is because we have seen what has happened around the world.

“We know that it’s almost impossible to hold this protest and then have peace at the end of the day. We cannot do that because some people are waiting to take the laws into their own hands.”

He said while the government of President Bola Tinubu acknowledged the right of every Nigerian to engage in protests, it was equally committed to ensuring that the activities did not disrupt public order or violate the rights of others.

According to him, “You see, the government of President Bola Ahmed Tinubu believes in the freedom of everyone within the confirms of the law to do what he thinks is right for him.

“Therefore, the president is not an opponent of protest of any kind. But the president is an opponent of violence and anything that will hamper the wellbeing of Nigerians.

“He believes and he has always been saying that within the tenets of democracy, you have every right to do whatever you want to do provided that right does not infringe on another person’s right.”

Idris asserted that Tinubu was fully aware of the feelings of Nigerians across the country and he was actively working to implement effective policies aimed at alleviating the challenges faced by the citizenry and bringing relief to all Nigerians.

The minister said one of the policies being fine-tuned by government was to begin to pay stipends to all young university and polytechnics graduates after the National Youth Service Corps (NYSC) scheme, pending their formal employment.

He stated, “But beyond that, there is also another new policy that the president has formulated, which will begin to be seen very soon, and that is that all young men and women who have finished universities and polytechnics and have certificates and have done their mandatory NYSC, and have not been able to get jobs, will have something from the government to keep them afloat until the time they get jobs.”

He described the introduction of the Compressed National Gas (CNG) policy by the president as a game changer in the country’s economy because of its ability to bring down the cost of transportation by about 60 per cent, thereby providing a viable alternative to petrol and diesel.

Idris said, henceforth, any government procurement of vehicles or machinery must have a component of CNG embedded in the contracts.

Earlier, President General of the Charismatic Bishops Conference, dissociated the conference from the planned national protest, saying they have been inundated with calls by some groups to join the protest.

Kawas said, “Recently we received some calls from some other religious organisations and other organisations asking us to join in preparation for a nationwide protest, which would start from 1st August 2024.

“We are here to let you know that we do not think the same. That we have rather decided to go all out and call for a truce. We have decided to sue for peace and humbly request that our brothers and sisters, who are aggrieved in one way or the other, that they should give us some time while we continue to communicate and negotiate with this government on areas that are pertinent to them.”

He appealed to aggrieved Nigerians in all parts of the country to give peace a chance and toe the path of dialogue and negotiation because no reasonable government will fold its hands and allow violence to break down the country.

Headline

Our Products Are Not Sub-Substandard, Dangote Fights Back

Published

6 days ago

July 21, 2024

Eric

By Eric Elezuo

Steadfast and never-say-never entrepreneur, who doubles as Africa’s richest man, Aliko Dangote, has refuted various claims against his petroleum refinery and general enterprise bordering on inferiority and monopolistic tendencies.

The President of Dangote Industries Limited emphatically rejected claims by the Nigerian Midstream and Downstream Petroleum Regulatory Agency (NMDPRA) that petroleum products from his refinery are substandard, in addition to the accusation that the company seeks to monopolize trade, especially in the oil sector.

Dangote rejected the allegations on Saturday when the leadership of the House of Representatives visited and toured the refinery located at the Lekki Free Trade Zone in Lagos.

Speaker Tajudeen Abbas and his deputy Benjamin Kalu led the delegation from the House which included Hon Ikenga Ugochinyere.

To back his position, Dangote and his team tested diesel bought from two filling stations and that from his refinery at the refinery’s laboratories.

The tested diesel from other stations was bought in the presence of the lawmakers, while that from the Dangote Refinery was taken from production also in the presence of the lawmakers.

Two tests were conducted; a test of the sulphur level and a flash test. While all crude-based products contain some level of sulphur, high sulphur levels cause damage to engines and vehicle components.

The flash point refers to the lowest temperature at which the application of the ignition source causes the vapours above the liquid to ignite with the minimum expected flash point at 66.

The results showed that the sulphur content in the diesel from other stations was above 2,631 and 1,829; much higher than the recommended level while the tests for the flash point showed results of 26 and 63 respectively for the diesel from other stations. Both results fell short of the recommended minimum of 66.

The results for the diesel from Dangote turned out to be 87.6 ppm for sulphur and 96 flashpoints.

For Dangote, the result does not only show the reality of products from his refinery, but it also shows that substandard petroleum products are being imported into the country and sold to unsuspecting Nigerians.

‘Probe quality of petrol, diiesel at filling stations’

He called on the House of Representatives to investigate the quality of diesel and petrol at filling stations.

To carry out the investigation, he urged the House to set up a committee to test products at various filling stations across the country.

Decrying the damage being done to vehicles and engines by substandard products, also called on the House to investigate the quality of laboratories being used to test imported products and compare that with the one at the Dangote Refinery.

‘Monopoly Claim Untrue’

Dangote also said the claim in some quarters that his group of companies enjoy monopoly is not true.

“If you look at all our operations at Dangote (Group), we add value; we take local raw materials and turn them into products, and we sell.

“We have never consciously or unconsciously stop anybody from doing the same business that we are doing.

“When we first came into cement production, it was only Lafarge that was operating here in Nigeria…Nobody ever called Lafarge a monopoly,” he said, adding that labelling his group of companies as monopolistic is disheartening.

“Monopoly is when you stop people, you block them through legal means. No, it is a level playing field whereby whatever Dangote was given in cement, for example, other people were given because some of them even got more than us.”

‘No Single Incentive From FG’
The billionaire business tycoon said his refinery did not enjoy any incentive from the Federal Government.

“In the refinery, we did not, and I repeat, we did not collect one single incentive from the Federal Government of Nigeria or even Lagos State. Yes, the Lagos State gave us a good deal but we paid $100m for the land. It wasn’t a free land; we paid for it,” he said.

“Majority of the population are with us. So, we are not discouraged, we will continue what we are doing.”

Addressing the speaker, he said, “The most important thing, your excellency, is to note that the imported one they are encouraging, is the spec in test, but in certain cases when you check (independently), different results will show.”

This, he said, is “because those people who have the lab have been told what to write.”

He said the best way to determine the quality of products being imported and sold to Nigerians is by going to the filling stations, buying and testing them.

Speaker Abbas said going by the presentation and the contradictory claims, there was a need for an investigation.

“I don’t know how we have this contradiction of two players representing the public and private sector,” he said.

“I think it is something we need to investigate further to find out if there are ulterior motives.”

It will be recalled that during the week, a Federal Government of Nigeria petroleum regulatory agency, the Nigerian Midstream and Downstream Petroleum Regulatory Authority, (NMDPRA), dismissed petroleum products from the Dangote Refinery as inferior, making a case for superiority of imported ones.

The revelation was made by the Chief Executive Officer of NMDPRA, Mr. Farouk Ahmed, while responding to questions from a section of the press, a video of which was trending online, adding that the refinery is only 45% completed, and yet to be licenced for operation by the Nigerian government.

In the short video, which lasted a little over a minute, Mr. Ahmed debunked theories attached to the functionality of the Dangote Refinery, saying it does not have the capacity to ‘feed’ the nation of its petroleum needs, as it stands. He however, refuted arguments that some elements within the oil and gas sector were trying to scuttle the Dangote Refinery.

A transcript of the NMDPRA’s boss short response is as follows:

“It about concerns of supply of petroleum products acros the nationwide, and the claim that we are trying to scuttle Dangote. That is not so. Dangote Refinery is still in the pre-commissioning stage. It has not been licenced yet. We haven’t licenced them yet. I think they are about 45 per cent completed, or completion rather.

“We cannot rely on one refinery to feed the nation, because Dangote is requesting that we suspend or stop imports, especially of AGO and DPK, and direct all marketers to his refinery. That is not good for the nation in terms of energy security, and it is not good for the market because of the monopoly.

“Dangote Refinery, as well as some modular refineries like Watersmith Refinery and Aradel Refinery, are producing between 650 and 1,200 PPM. Therefore, in terms of quality, their products are inferior to imported ones,” he stated.

It will be recalled that only last week, the President, Dangote Industries Limited, Aliko Dangote, while hosting senior journalists from across various media concerns, revealed that the Nigeria National Petroleum Company Limited (NNPCL) owns only 7.2% of stakes in the refinery, and not 20 percent as widely circulated. He also revealed that the refinery is set to begin fuel supply in August 2024.

Many stakeholders and respondents have alleged that there’s no love lost between the government of the day and the Dangote Group, and that explains the hiccup situation surrounding the takeoff the $19 billion refinery.

Dangote has been fighting a battle of his life since the establishment of his refinery; from OICs, IPMAN and other concerns, posing the question, who’s afraid of Dangote?