Law
US Court mandates CSU to produce Tinubu’s Academic record for Atiku In 48 Hours
Presidential candidate of the People Democratic Party (PDP), Alhaji Atiku Abubakar in the 2023 Presidential election got a major win in his battle to access the academic records of Bola Ahmed Tinubu at the embattled Chicago State University (CSU) and eventually unseat him as Nigeria’s elected President.
In a turn around of event on Tuesday, a United States District Court for the Northern District of Illinois granted Atiku’s prayers as it ordered the institution to release Tinubu’s records in 48hours and certify them under oath, because he (Atiku) had satisfied the purpose for seeking the documents.
Ruling on the case, Judge Jeffrey Gilbert, a US magistrate, ordered CSU to produce “all relevant and non-privileged documents” to Abubakar Atiku, the plaintiff, within two days.
“This matter is before the Court on Atiku Abubakar’s Application Pursuant to 28 U.S.C. § 1782 for an Order Directing Discovery from Chicago State University for Use in a Foreign Proceeding (“Application”) [ECF No. 1]. For all of the reasons discussed above, Atiku Abubakar’s application pursuant to 28 U.S.C. § 1782 for an order directing discovery from Chicago State University for use in a foreign proceeding [ECF No. 1] is granted,” Mr Gilbert ruled.
“Respondent CSU shall produce all relevant and non-privileged documents in response to requests for production Nos. 1 through 4 (as narrowed by the court) in applicant subpoena within two days of the entry of this memorandum opinion and order.”
“The deposition of respondent’s corporate designee shall proceed within two days of the production of documents. The parties can modify the dates set by the court by mutual agreement.”
Speaking about the urgency of the matter, Judge Jeffrey Gilbert said; “Given the limited time frame under which the parties are operating, the deposition can, if necessary, occur on a non-weekday.”
The order is coming barely hours after the Waziri of Adamawa filed his appeal at the Supreme Court challenging the September 6 judgment of the Presidential Election Petitions Tribunal (PEPT) which affirmed Tinubu’s victory at the polls.
In a bid to access further documentary evidence to strengthen his case against Tinubu, the PDP flag bearer had on August 2, 2023, filed an application for the court to order CSU to produce documents relating to Tinubu, as well as leave to get the school’s administrators to authenticate any documents submitted under oath.
According to Atiku’s submission, the documents would be used as part of his ongoing challenge against Mr Tinubu’s election earlier this year, adding that the APC candidate should not have been allowed to run for Nigeria’s presidency for presenting a forged document under oath in violation of the 1999 Constitution as amended.
Atiku had approached the court seeking an order that would compel the University to release Tinubu’s records. Although Tinubu’s credentials indicated that he graduated in 1979 with a bachelor’s degree in accounting, there have been allegations bordering on discrepancies in the President’s certificate.
In the course of proceedings, President Tinubu’s lawyers had argued that their client was not willing to lift his privacy privilege, with the ruling also conceding this by using the term ‘non-privileged documents”.
However, it remains to be seen how this order will positively affect the appeal filed separately at Nigeria’s Supreme Court by both Atiku and the Labour Party (LP) presidential standard bearer, Peter Obi in their final push to wrest power from the All Progressives Congress (APC) candidate and Nigeria’s sitting President.
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.
-
Crime1 year ago
Police nabs Killer of Varsity Lecturer in Niger
-
News10 months ago
FCT-IRS tells socialite Aisha Achimugu not to forget to file her annual returns
-
Appointment1 year ago
Tinubu names El-Rufai, Tope Fasua, others in New appointments
-
News From Kogi1 year ago
INEC cancells election in 67 polling units in Ogori-Magongo in Kogi
-
News From Kogi1 year ago
Echocho Challenges Tribunal Judgment ordering rerun in 94 polling units
-
News1 year ago
IPOB: Simon Ekpa gives reason for seperatists clamour for Biafra
-
Metro8 months ago
‘Listing Simon Ekpa among wanted persons by Nigeria military is rascality, intimidation’
-
News10 months ago
Kingmakers of Igu/ Koton-Karfe dare Bello, urge him to reverse deposition of Ohimege-Igu