Law
Contradiction as CSU asserts doubts over the authenticity of Tinubu’s certificate
The Chicago State University(CSU) that said it issued a certificate to the Nigerian president Bola Tinubu after he graduated in 1979 has indicated that it was not certain if the certificate that he submitted to the Independent National Electoral Commission (INEC) for the 2023 presidential election was genuine or not.
The university’s Counsel, Michael Hayes told the court during its hearing on Tuesday, 12 September, that the CSU could not validate whether the certificate Tinubu presented to INEC was a genuine or forged document.
“Is the diploma authentic, or is it a forgery? My client can’t answer yes to either of those questions,” Mr Hayes said at the hearing in Chicago that began at about 1:30 p.m. (local time) and lasted several hours in the lawsuit brought by Atiku Abubakar, the presidential candidate of the Peoples Democratic Party in the 2023 general election and Tinubu’s main rival.
According to the lawyer, the CSU cannot say if placed under oath, “where and how” Tinubu obtained the certificate.
“My clients just don’t know,” Hayes said on Monday, in a move that seems a possible push back from the CSU after Tinubu, during a previous sitting of the court, blamed the discrepancies on the certificates purportedly issued by the CSU on the school’s clerk.
Mr Hayes was responding to the judge’s inquiry into the school’s ability to confirm under oath that Mr Tinubu was issued the certificate he tendered to INEC in June 2022, in fulfillment of a constitutional requirement to qualify him to run for the office of the President.
It is against the Nigerian Constitution to submit forged documents to INEC.
Mr Hayes insisted that CSU records showed Mr Tinubu attended the school, but admitted there were several contradictions that the school’s administrators won’t be able to clarify under oath.
Those discrepancies include the June 22, 1977, date that Tinubu’s certificate asserts, as well as the school’s president at the time the certificate was obtained and typographical, font and header errors on the document.
However, on June 17, 2022, Tinubu submitted a certificate to INEC that was purportedly issued in 1979 and signed by Elnora Daniel, who was not yet a staff member of the CSU until 1998 – same year that Tinubu incidentally contested election as governor of Lagos State.
Ms. Daniels was said to have left the school in 2008 following a financial mismanagement scandal, or 14 years before June 2022 when CSU issued yet a fresh certificate in Tinubu’s name under subpoena from a Nigerian lawyer who had inquired about Tinubu’s education there.
These contradictions, among others, are the reasons that Atiku filed the suit to compel CSU to produce records relating to Tinubu and make its top officials available for deposition to certify the produced records.
Alexandre de Gramont, who appeared in court for Atiku, said the documents and depositions are being sought for use in the Nigerian Supreme Court, where the final battle over Tinubu’s election is now headed.
Gramont said the Nigerian Court of Appeal upheld Tinubu’s election in its September 6 ruling because the panel did not have CSU’s position on the authenticity of the certificate presented by Tinubu, and that the Supreme Court in Nigeria might be able to admit CSU’s position on the document under a special rule.
“Your Honour, we don’t know whether the Nigerian Supreme Court would be receptive to the new evidence or not, but we just want to be able to present the new evidence to them from CSU,” Mr de Gramont said.
“We already have them (the documents), what we are seeking is CSU’s authentication or their explanation for some of the discrepancies.”
The presiding judge, Jeffery Gilbert, said the court has always taken a liberal and broad view in granting similar requests under Section 1782, a statute that allows the release of documents and evidence domiciled in the U.S. to be obtained and used in a foreign proceeding.
Tinubu’s lawyers, represented via telephone conference by Christopher Carmichael, said Atiku was on a fishing expedition, noting that the previous statements of CSU to the effect that Tinubu graduated from the school were enough.
Carmichael said there was no need to produce further evidence or place the school’s officials under oath to speak to the authenticity of Tinubu’s certificate, saying the proceeding would only fuel online trolls because the Supreme Court won’t accept new evidence even if produced.
Consequently, Judge Gilbert said he would need additional time to reflect before ruling on the matter, but asked lawyers to all the parties to go through records submitted before the court and update them if necessary in the meantime.
He said a date for a final ruling or additional hearing would be communicated to the parties.
Law
EFCC Grants Bail to Two Kogi Officials, wants Yahaya Bello’s Fraud Case adjurned
The Economic and Financial Crimes Commission (EFCC) has granted administrative bail to two co-defendants, Umar Oricha and Abdulsalami Hudu, in a fraud case involving former Kogi State Governor, Yahaya Bello. The case, centered on charges of fraud totaling N101.4 billion, has been adjourned until November 27, 2024, by the Federal High Court in Abuja.
At the hearing before Justice Maryann Anenih, EFCC Counsel Jamiu Agoro requested an adjournment, noting that the 30-day compliance period for Bello’s summons, issued on October 3, had not yet expired. Agoro explained that the November 20 court date was inconvenient for the prosecution, and that seeking an arrest warrant would be premature as Bello still had a few days to respond to the summons.
Both the second and third defendants’ legal representatives supported the adjournment request.
Following this, Justice Anenih approved the EFCC’s request, extending the deadline for Bello’s appearance and authorizing service of the hearing notice to be sent to his last known address.
In a parallel development, the Federal Capital Territory (FCT) High Court in Maitama ordered a hearing notice to be posted at Bello’s residence on Benghazi Street, Wuse Zone 4, Abuja, and on the court’s notice board.
This step follows multiple missed court appearances by Bello since the public summons was issued, urging him to appear for arraignment on 16 counts related to the alleged fraud.
Justice Anenih emphasized the importance of due process, setting November 27, 2024, as the final date for Bello’s court appearance. This case has drawn attention to the EFCC’s efforts to enforce accountability among high-profile figures in Nigeria amidst allegations of large-scale financial mismanagement.
Law
Appeal Court Sacks MC Oluomo as NURTW National President, Reaffirms Baruwa’s Leadership
In a significant development, the Court of Appeal has annulled the appointment of Musiliu Akinsanya, popularly known as MC Oluomo, as the National President of the National Union of Road Transport Workers (NURTW).
The ruling upheld a previous ruling by the National Industrial Court, which had already recognized Tajudeen Baruwa as the rightful leader of the union.
The legal dispute surrounding the NURTW’s leadership has been ongoing, with tensions escalating within the organization.
Despite the court’s ruling in favor of Baruwa, MC Oluomo was recently elected by the Southwest Zone of the union during the Quadrennial Delegate Conference held last week in Osogbo, Osun State.
This election took place amid growing concerns and disputes within the union’s regional factions.
The Appeal Court’s decision is expected to settle the leadership question, restoring Tajudeen Baruwa’s position as the legitimate National President of the NURTW.
However, the union faces potential challenges in maintaining unity across its various regional branches, as supporters of MC Oluomo continue to advocate for his leadership.
This ruling marks a pivotal moment for the NURTW, as it works to stabilize its governance and address internal divisions that have led to several controversies and disputes over recent years.
Law
Supreme Court Rejects States’ Legal Challenge to EFCC’s Constitutionality
The Supreme Court of Nigeria has thrown out a lawsuit brought by several state Attorneys General challenging the constitutional validity of the Economic and Financial Crimes Commission (EFCC). The case, led by Kogi State, questioned the EFCC Act, arguing that it bypassed constitutional requirements regarding international treaties.
The seven-member panel, headed by Justice Uwani Abba-Aji, ruled unanimously to reject the lawsuit, deeming it without merit. Kogi State’s counsel, Mohammed Abdulwahab, SAN, argued that the EFCC Act’s incorporation of the United Nations Convention Against Corruption was unconstitutional, as the law had not received approval from a majority of state Houses of Assembly, as required by Section 12 of the 1999 Constitution. This, he claimed, invalidated the EFCC Act and similar anti-corruption laws.
The plaintiffs also contended that the EFCC and NFIU lacked the authority to investigate state or local government funds, accusing the agencies of encroaching on state powers. Abdulwahab sought a court ruling to nullify the creation of these agencies, arguing it would prevent a potential constitutional crisis.
Attorney General of the Federation, Lateef Fagbemi, SAN, defended the EFCC, asserting that dismantling Nigeria’s anti-corruption agencies would harm the nation’s efforts to combat financial crimes. He argued that the National Assembly has the authority to create laws applicable nationwide to address corruption.
The court ultimately upheld the EFCC Act, ruling that the National Assembly’s legislative powers on corruption are valid and enforceable across all states. Justice Abba-Aji noted that Kogi’s revelations about state officials being investigated exposed ulterior motives behind the lawsuit, describing it as an attempt to shield certain officials.
“No state has the right to enact laws that contradict the statutes passed by the National Assembly,” Justice Abba-Aji said, delivering the judgment. The court dismissed the suit in its entirety, reaffirming that the EFCC Act and other federal anti-corruption laws remain constitutional and enforceable across Nigeria.
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