Opinion
How Supreme Court trashed Atiku’s ‘fresh evidence’ from Chicago
By Ehichioya Ezomon
It’s obvious on October 23, 2023, that the Supreme Court judgment on appeals from the Presidential Election Petitions Court (PEPC) would be a formality. The barely 120 seconds it took the court to dismiss the 50-ground appeal by former Anambra State Governor Peter Obi and the Labour Party (LP) starkly bears this out!
Also self-evident in that regard were exchanges between the seven-member appeals panel and counsel to former Vice President Atiku Abubakar and Peoples Democratic Party (PDP).
At the hearing/adoption of the written addresses by Atiku/PDP and Obi/LP, some members of the panel, headed by Justice John Inyang Okoro, took turns to point out loopholes in Atiku’s pleadings through his lead lawyer, Chief Chris Uche (SAN), to the extent he had to admit the inherent flaws.
Uche had argued that the Supreme Court has the “power, jurisdiction and discretion” to admit fresh evidence after 180 days, even as he noted that Atiku didn’t plead the new evidence derived from Atiku’s discovery in the academic records of President Bola Tinubu at the Chicago State University (CSU), Chicago, Illinois in the United States (U.S), and deposition of CSU to confirm Tinubu’s certificate.
Uche also acknowledged that the time for filing fresh evidence had lapsed, as the PEPC had given judgment on September 6 in the petitions filed by Atiku/PDP, Obi/LP and Allied Peoples Movement (APM) against the declaration of Tinubu as winner of the February 25, 2023, presidential poll.
Still, Uche insisted that: “There is no such constitutional limit of 180 days on the lower court to hear an election petition such that it can rob this (Supreme) court of exercising its jurisdiction in any manner whatsoever. The constitution was intentional and deliberate in setting the 180 days limit only for election tribunals and not for the court of appeal.”
Had the court obliged Uche’s plea to admit the new evidence – which Justice Okoro noted could’ve been a “friendly but unnecessary joke over a constitutional provision” – it would’ve breached provisions of the amended 1999 Constitution and Electoral Act 2022, on the 180 days to decide election petitions.
So, in the lead judgment, Justice Okoro debunked Uche’s “shocking” claims, and held that the said time was fixed like the “Rock of Gibraltar” that can’t be “extended or elongated, expanded or stretched beyond what it states.”
Taking his time to explain Uche’s call on the Supreme Court to exercise its “power, jurisdiction and discretion” to admit fresh evidence, Justice Okoro was blunt and unsparing.
He noted that Atiku filed his petition on March 21, 2023, “which was the last day of the 21 days prescribed in Section 285(5) (of the constitution) for filing election petitions after announcement of the results of an election.”
“An election tribunal shall deliver its judgment in writing within 180 days from the date of filing a petition, and where there is an appeal, within 60 days from the date of delivery of judgment, which elapsed on the 17th of September 2023,” he said.
Justice Okoro then delivered the punch, saying: “It is shocking to have the above argument (by Uche) in print. It could have passed for a friendly joke but not for a serious matter like this in the apex court.
“It is even an unnecessary joke over a constitutional provision. After election petitions have suffered under the previous provisions, it is unfair to suggest that we go back to those dark days.
“When the time for doing a thing is set by the constitution, the court cannot extend the time. This is the law which at this stage is elementary.
“The deposition (from CSU) cannot be admissible since the lower court (PEPC) did not admit it. This court cannot do what the lower court did not do.”
Justice Okoro added: “It is settled law that when the time fixed for doing a thing elapses, the court cannot extend the time. It is immutable, fixed like the Rock of Gibraltar – it cannot be extended, elongated, expanded or stretched beyond what it states.
“The court below (PEPC) lost its jurisdiction to determine any matter concerning the petition after the 180 days, which expired on September 17. This court cannot do what the lower court is no longer constitutionally allowed to do by section 285 of the constitution.
“No amendment can be made introducing new facts not contained in the election petition, as stated in section 132(7) of the Electoral Act. This application clearly runs foul of the Electoral Act. On this application, fresh evidence is not received as a matter of course.”
Uche had also urged the panel to diss technicalities and do substantial justice to the appeal, and sack Tinubu. In other words, Uche wanted the Justices to disregard the law, and rule on emotions, sentiments and morality, which underpin applying the principle of substantial justice.
Meanwhile, the processes of the appeals at the Supreme Court were similar to the petitions at the PEPC, which affirmed the Independent National Electoral Commission (INEC) return of Tinubu of the All Progressives Congress (APC) as President of Nigeria.
As was their modus operandi at the PEPC – when they literally abandoned allegations of massive infractions and violence at the poll, and focused on disqualifying Tinubu – Atiku and Obi resorted to appeals to base instincts for the apex court to sack the President.
Atiku and Obi claimed to win the election, but were rigged out by INEC in favour of Tinubu and the APC. They’re expected to establish their victory, and the fraud, with impeachable evidence from active participants at the election.
Besides, they’re to prove – beyond all reasonable doubts – allegations against Tinubu, especially those of criminal nature, such as forgery of certificates and documents that elevates to perjury under oath.
In their haste to disqualify and sack Tinubu, Atiku and Obi took their eyes off the ball, which’s that they won the poll, but that INEC wrongly declared Tinubu due to alleged “fixing” of the process to suppress and/or switch their votes for Tinubu.
Accordingly, Atiku and Obi ought to invite poll agents to speak to the thousands of documents they’d dumped on the court, and prove electoral crimes against Tinubu, the APC and INEC.
Hence, after exhaustive 12 and half hours of evaluating issues pleaded within the six months of proceedings, the PEPC Justices adopted the lead judgment of Justice Haruna Tsammani, the panel’s chairman – that the petitioners failed to prove their cases beyond all reasonable doubts.
“This petition accordingly lacks merit. I affirm the return of Bola Ahmed Tinubu as the duly elected President of the Federal Republic of Nigeria,” Justice Tsammani said.
Similar scenarios played out at the Supreme Court, with Atiku and Obi focusing on matters outside the ambit of the poll of February 25. Save the “fresh evidence” that Atiku added to his 35 grounds of questioning Tinubu’s return as President, both appellants repeated back-to-back issues the PEPC had dealt with.
So, it wasn’t difficult for the seven-member panel to come to the inevitable conclusion that the appeals were meritless, and dismissed them in their entirety.
On Atiku/PDP appeal, Justice Okoro, having resolved the seven issues for determination in favour of Tinubu, declared: “The figure before us (Tinubu’s total votes, which Atiku couldn’t counter with an alternative figure) shows that the 2nd Respondent won the highest number of votes and was duly declared winner.
“On the whole, having resolved all the issues against the Appellants, it is my view that there is no merit in this appeal and it is hereby dismissed. The judgement of the lower court, delivered on September 6, is hereby affirmed.”
As for Obi/LP’s appeal, Justice Okoro barely spent 120 seconds to consider and conclude it’s “lacking in merit” having only a distinct issue from the Atiku/PDP appeal. In other words, Atiku and Obi’s appeals were mutatis mutandis (the same).
Justice Okoro noted that the only distinct issue that Obi raised about Vice President Kashim Shettima’s alleged double nomination had been dealt with by the Supreme Court on May 26, 2023, in an appeal marked: SC/CV/501/2023.
“This court cannot allow the matter to be relitigated in this court,” Justice Okoro said. “There must be an end to litigation. This matter ought not to have come here. The appeal lacks merit and it is accordingly dismissed.”
As they rue their electoral and legal losses, Atiku and Obi should be reminded that were abuses, insults, blackmail, intimidation, threats of physical harm, and appeals to base instincts strategies for winning petitions and appeals, they would’ve had judgments at the PEPC on September 6, and Supreme Court on October 26, 2023, respectively.
Nigerian-born American Prof. Farooq Kperogi, in a piece, “PEPT’s verdict and the task before the Supreme Court,” published in tribuneonlineng.com of September 16, summed up Atiku and Obi’s pleadings, “as high on emotions, conjectures, moral posturing, grandstanding, logical absurdities (such as the 25% win in the FCT) than on legally-sound, substantive arguments about the election itself.”
“They didn’t present foolproof, unimpeachable, evidentiary facts… Wishful thinking, online bullying, tendentious accounts of events, and coarse, primitive, illiterate invective are not substitutes for substance. Neither are mass delusion and blind political cultism guarantees of electoral victory,” Kperogi wrote.
Atiku and his supporters, aliased “Atikulators” and Obi and his “ObIdients” followers denigrated and over-rawed the person and character of President Tinubu, the APC, INEC’s Chairman, Prof. Mahmood Yakubu, Justices of the Appeal and Supreme Courts and the entire Judiciary – on the grounds that they frustrated their election, and legal remedies therein.
Directly or via proxies, they filed and re-filed multiple cases against Tinubu in Nigeria and in the United States (U.S), solely to disqualify him from the election, damage his reputation and delegitimise his presidency even if he won the petitions and appeals in the courts.
Atiku, Obi and supporters backed the lawsuits with street protests, press conferences, and interviews in local and foreign media, to spew hateful and inciteful statements against real and/or imaginary politico-judicial enemies.
Lately, Atiku and Obi have competed for “the most critical” of President Tinubu. If Atiku held a press conference or issued a statement on Tinubu or matters in courts in Nigeria, and in the U.S., Obi would follow to raise the bar against their alleged nemesis.
When Atiku held a “World Press Conference” to relitigate his “discovery” from Chicago State University – that he filed as fresh evidence at the Supreme Court – and slammed Tinubu as unfit to be President, Obi followed suit, calling on Tinubu to “reintroduce himself to Nigerians,” who “doubt his true identity.”
Still, as they strove to carve separate niches – as regards the February 25 poll in which they placed second and third behind Tinubu – Atiku and Obi looked to work in synergy, to disqualify, and sack Tinubu, before deciding who the cap fits as President.
In the results declared by INEC on March 1, 2023, Tinubu polled 8,794,726 votes, and secured 25% of votes cast in 29 States and the Federal Capital Territory (FCT), Abuja, to emerge the winner. Atiku came second with 6,984,520 votes, and secured 25% in 21 States and FCT; and Obi, placed third with 6,101,533 votes, and secured 25% in 17 States and FCT.
But as the Supreme Court has dismissed their appeals against Tinubu’s election as President of Nigeria, the electoral competition and collaboration between Atiku and Obi may’ve come to an end in the 2023 poll cycle.
As “all eyes” are now trained on the 2027 election, Atiku and Obi should retool their strategies on how to handle election matters!
By Tunde Olusunle
It may be well over two years to the next cycle of general elections in Nigeria. For the people of Apa/Agatu federal constituency in *Benue South, however, the measure of their participation and integration into the governance scheme will be defined in the run-up to the general polls that year. Nine local government areas make up the predominantly Idoma country of Benue State also labelled Zone C in the senatorial tripod of the geo-polity. The zone is also home to the Igede ethnic stock and the Etulo. Local government areas in “Benue Zone C” include: Apa, Agatu, Oju, Obi, Ado, Ogbadibo, Okpokwu, Otukpo and Ohimini. The other zones, Benue North East and Benue North West, are wholly dominated by the Tiv nationality, striding across 14 local government areas. They are christened Zone A and Zone B in the local political scheme of the state. Federal constituencies in Benue South are: Apa/Agatu, Oju/Obi; Ado/Ogbadibo/Opokwu and Otukpo/Ohimini.
The subjugation of groups and ethnicities considered demographically smaller, by the larger groups which has dominated Nigeria’s politics over time, has not been any different for the Idoma of Benue State. Until the circumstantial emergence of a Yahaya Bello from the Ebira ethnicity in Kogi State in 2015, the Igala had the relay baton of governorship of Kogi State, in rounds and succession. The Ebiras and the Okun-Yoruba zones in the state could only aspire to be serial deputies or Secretaries to the State Government. This political template was virtually cast in stone. The Ilorin people of Kwara State have similarly wholly warehoused the gubernatorial office, sparingly conceding the position to other sociocultural groups in the state. The only exception was the concession of the seat to a candidate from Kwara South, in the person of Abdulfatah Ahmed, by his predecessor, Bukola Saraki in 2011. Even at that, there were murmurs and dissent from those who believed Ahmed came from a community too close to the Ilorin emirate to be of genuine Igbomina stock, which prides itself as the pure Yoruba species in Kwara State.
Twenty-six years into the Fourth Republic, the maximum proximity of the Idoma to Government House, Makurdi, has been by the customary allocation of the Deputy Governor’s slot to its people. Ogirri Ajene from Oju/Obi, the charismatic blue-blood of blessed memory, was deputy to George Akume, incumbent Secretary to the Government of the Federation, (SGF), from 1999 to 2007. Akume it was reported, genuinely desired to be succeeded by Ajene who exhibited competence and loyalty and could build on their legacies. The Tiv nation we understand, shot down the proposal. Gabriel Suswam succeeded Akume and had the urbane multipreneur, Stephen Lawani from Ogbadibo as deputy. Samuel Ortom, a Minister in the Goodluck Jonathan presidency who took over from Suswam opted for Benson Abounu, an engineer from Otukpo as running mate, while Hyacinth Alia, the Catholic priest who succeeded Ortom, also chose as deputy, Samuel Ode, who was also a Minister in the Jonathan government, from Otukpo. Arising from this precedence, Apa/Agatu has not for once, been considered for a place in Government House, Makurdi.
In similar fashion, the position of Senator representing Benue South, has repeatedly precluded Apa/Agatu federal constituency. David Alechenu Bonaventure Mark a former army General from Otukpo, took the first shot at the office in 1999. He was to remain in the position for five consecutive times, a distinctive record by Nigerian standards. Mark would subsequently become President of the Senate and the third most senior political office holder in the nation’s governance scheme for a string of two terms between 2007 and 2015. He was replaced by Patrick Abba Moro, who hails from Okpokwu and was a former teacher, in 2019. Abba Moro who previously served as Minister of Interior in the Jonathan government from 2011 to 2015, won a second term at the 2023 general elections and remains substantive Senator for “Benue Zone C.” He is indeed incumbent Minority Leader of the Senate, and thus a principal officer in the leadership scheme of the “red chambers.”
While Moro is barely two years into his second term, there are suggestions that he is interested in a third term which should run from 2027 to 2031! This is the core issue which has dominated contemporary political discourse in Benue South, especially from the Apa/Agatu bloc. For Apa/Agatu, it is bad enough that they are repeatedly bypassed in the nomination of deputy governors in the scheme of state politics. It is worse that they are equally subjugated by their own kinsmen within the context of politics in *Idoma and Igede land.* This is particularly worrying when both local government areas constituting the Apa/Agatu federal constituency, Apa and Agatu, are not in anyway deficient in human resources to represent Benue South. Names like John Elaigwu Odogbo, the incumbent *Och’Idoma* and respected clergy; Isa Innocent Ekoja, renowned Professor and Librarian; Sonny Togo Echono, FNIA, OON, Executive Secretary, Tertiary Education Trust Fund, (TETFUND), and John Mgbede, Emeritus State Chairman of the Peoples Democratic Party, (PDP), Benue State, readily come to mind.
Major General R.I. Adoba, (rtd), a former Chief Training and Operations in the Nigerian Army; Professor Emmanuel Adanu, former Director of the Kaduna-based National Water Resources Institute, (NWRI) and the US-based specialist in internal medicine, Dr Raymond Audu, are eminent Apa/Agatu constituents. There are also Ada Egahi, long-serving technocrat who retired from the National Primary Healthcare Development Agency, (NPHDA), and Super Eagles forward, Moses Simon, (why not, hasn’t the retired soccer star, George Opong Weah just completed his term as President of Liberia)? The Member Representing Apa/Agatu in the House of Representatives, Godday Samuel Odagboyi, an office previously held by Solomon Agidani, as well as Adamu Ochepo Entonu, is, like his predecessors, a prominent figure from the resourceful Apa/Agatu federal constituency.
The Olofu brothers, Tony Adejoh, a retired Assistant Inspector General of Police, (AIG), and David, PhD, a renowned management and financial strategist, who is also an Emeritus Member of the Benue State Executive Council during the Ortom dispensation, are from the same federal constituency. So is Abu Umoru, a serial entrepreneur who represents Apa State Constituency in the Benue State House of Assembly. The continuing intra-zonal alienation of Apa-Agatu from the politics of Benue Zone C, remains a sore thumb which must be clinically diagnosed and intentionally treated in the run-up to 2027.
If previous top level political office holders from Idomaland in general and Apa/Agatu in particular, had diligently applied themselves to tangible, multisectoral development of the zone and constituency, the present clamour for inclusiveness would probably been less vociferous. *River Agatu* which flows from Kogi State, and runs through Agatu before emptying into *River Benue,* is a potential game changer in the socioeconomy of Apa/Agatu, Benue South and Benue State in general. Properly harnessed, it can revolutionise agriculture and aquaculture in the state, beyond subsistence levels which are the primary vocations of the indigenous people. Rice, yam, guinea corn, millet and similar grains, thrive in the fertile soils of the area. These can support “first level” processing of produce and guarantee value addition beneficial to the primary producers, before being shipped to other markets. River Agatu can indeed be dammed to provide hydro-electricity to power the entire gamut of Idomaland.
The infrastructure deficit in Benue South with specific reference to Apa/Agatu is equally very concerning. A notable pattern in Nigerian politics is its self-centeredness, the penchant for political players to prioritise their personal wellbeing and the development of their immediate space. This has accentuated the ever recurring desire of people to ascend the political pedestals of their predecessors if that is the principal window by which they can also privilege their own primary constituents. Motorable roads are non-existent, seamless travel between communities therefore encumbered. Expectedly this has been a major impediment to subsistent trade and social engagements between constituents and their kinsmen. Primary health facilities are almost non-existent, compelling people to flock to Otukpo, headquarters of Benue South, for the minutest of medical advice and treatment.
Apa/Agatu pitiably bleeds from the relentless and condemnable activities of vagrants and bandits who have reduced the constituency into a killing field. Reports suggest that in the past 15 years, no less than 2500 lives were lost to the vicious attacks of marauders and trespassers in the area under reference. This unnerving situation has compelled engagements between concerned Apa/Agatu leaders, and the leadership of the Nigeria Police Force, (NPF). The prayer is for the swift establishment of a mobile police outpost in the troubled sub-zone to contain bloodletting. The proposal, anchored by AIG Tony Olofu, NPOM, (rtd), and Echono, has received the blessings of the police high command. At the last update, a commander for the outfit had been named, while the deployment of personnel had begun in earnest.
It is very clear that in the march towards 2027, Apa/Agatu will refuse, very vehemently, to be sidelined and trampled upon in the political scheme of their senatorial zone. Abba Moro may desire a third term in the Senate, but the people of Apa/Agatu are quick to remind him that his curriculum vitae as a politician is sufficiently sumptuous for him to yield the seat in the “red chambers” and sit back like an elder statesman. They remind you that for a man who began his working life modestly as a lecturer in the Federal Polytechnic, Ugbokolo in 1991, Abba Moro has done extremely well for himself in Nigerian politics. For reminders, Abba Moro was elected Chairman of Okpokwu local government in the state as far back as 1998. Ever since, he has remained a permanent fixture in Nigeria’s national politics.
The people of Apa/Agatu will put up a determined fight for the Benue South senatorial seat in 2027, and no one should begrudge them. They are the proverbial ram which was pushed to the wall, which must of necessity push back with angered horns to liberate itself. They are already engaging with their kith across “Benue Zone C” to ensure that intra-zonal equity, fairness and justice, prevails in communal politics.
Tunde Olusunle, PhD, Fellow of the Association of Nigerian Authors, (FANA), teaches Creative Writing at the University of Abuja
By Dr. Ag Zaki
On Thursday, 9 January 2025, Prince Adewole Adebayo presented a keynote address at the Radisson Blu Hotel, Ikeja, Lagos. The occasion was the annual conference of a group of professionals, business executives and experts codenamed J9C for January 9 Collective. The theme of the Conference was “Business and Policy Strategy: Examining the Role of Reform in enhancing the ease of doing business in Nigeria.” Prince Adebayo is a versatile cerebral man of many parts, a lawyer, a multimedia practitioner, a real estate investor, a large-scale miner, a philanthropist, a community developer, and the 2023 Presidential Candidate of the Social Democratic Party (SDP). The organisers of the J9C conference introduced him as an intercontinental lawyer because he currently practices law in over sixteen countries.
The full speech of Prince Adebayo at the occasion is available online and can be accessed by clicking at this url: https://youtu.be/SsHkcJbVNRg?si=ebvoOVqGh0zVOsnt or by scanning the QR code above. However, we are presenting the salient take-aways from this most incisive keynote address below for the convenience of interested persons and for the public good.
THE TAKE-AWAYS
Preamble
1. Not every change of policy or programme is a reform. A reform is a fundamental change in the activities, programmes, and policies structured to cause improvement. Genuine government reforms are people oriented and so citizens can interject, comment or contribute.
2. Reform may be internally motivated, externally forced or imposed, or technological driven.
3. The government of Nigeria must first reform itself to be able to implement development-oriented reforms to improve the country’s economic performance.
In general terms
4. Fiscal and monetary reforms are critical and are urgently required in Nigeria. While government can freely control its fiscal reforms, it must be bound by market forces for realistic and realisable monetary reforms.
5. Economic reforms must positively affect developmental policies, programmes and projects to engender economic growth, increase in efficiency, and lead to stability. Economic and political reforms must be implemented pari-passu for untainted policies and programmes.
6. Urgent structural reforms are required in areas of legal reforms, laws on banking controls and regulations, lending and borrowing as well as land matters.
In specific terms
7. Reforms which are aimed at targeting ease of doing business must be aligned with the Malam Aminu Kano maxim that “all civil servants should abstain from contracts or business”.
8. Nigeria must break the current odious and unwholesome conspiracies between policy makers, civil servants, and contractors, which can lead to irreversible endemic corruption, long foreseen by the revered Malam Aminu Kano, and which can permanently damage the economy.
9. Structural reforms must ensure that land laws open up maximum benefits and potentials of the land, encourage labour productivity and efficient and transparent entrepreneurship rules including registration, capital and lending matters.
10. Tax reforms should be broad-based, not about sharing of revenue but promoting productivity and competitiveness in all aspects of endeavours and infrastructure reforms should make transportation of people and goods safe and cost effective.
11. Monitoring economic crimes must be thorough and should go beyond arresting of “Yahoo boys” and those spraying Naira notes, but those devaluing the Naira and abusing economic rules and regulations.
Warnings
12. Adebayo left some stern terse warnings for the business sector and for the government of Nigeria.
13. Business executives and professionals should not ask or encourage government for specific reforms but for general broad-based reforms as firm-specific reforms can enhance operations of specific firms or business in the short term but will ultimately kill the industry.
14. Government should not meddle into business or be guided by partisan businessmen; government should meet business only at the junction of regulatory framework.
15. Government should be selfless and honest in carrying out reforms, incorporate measurable performance indices and ensure that reforms are implemented in a way not to inflict pains or punishment on the people.
# DrZaki25, 903 Tafawa Balewa Way, Abuja
By Eigbefo Felix
His Excellency, Senator Monday Okpebholo, the Executive Governor of Edo State, has demonstrated that he is a blessing to the state through his policies, appointments, initiation of road construction across the three senatorial districts, and his deep love for the people of Edo State.
Governor Monday Okpebholo has begun fulfilling the five-point agenda he promised the good people of the state since his inauguration.
In the area of security, he has shown total commitment. He assured the people of Edo State that he would ensure their safety, and true to his word, the state remains peaceful, which has brought joy to its residents. He has provided the necessary support to security personnel.
The governor increased the subvention for Ambrose Alli University (AAU) from ₦40 million to ₦500 million. He also promised to address the issues facing AAU medical students. Additionally, he has started renovating primary and secondary schools across the state, underscoring his understanding of the importance of education.
The agricultural sector has taken a positive turn as Governor Okpebholo has allocated ₦70 billion to the sector. Recognizing agriculture’s importance to both the state and the nation, he is positioning Edo State to become the food basket of the nation with his investments in the sector.
During the electioneering period, Senator Okpebholo promised to create 5,000 jobs within his first 100 days in office. He has already begun the process, and soon, the people of Edo State will benefit from these employment opportunities. Unlike in the past, he will not rely on MOUs before making appointments. Furthermore, he has started appointing Edo State indigenes, rather than outsiders, to various positions.
Governor Okpebholo has commenced road projects across the state, from Edo South to Edo Central and Edo North. He believes that when roads are motorable, the prices of goods in the market will automatically reduce.
He has also begun investing in the health sector, understanding its critical importance to the people of Edo State.
Governor Monday Okpebholo’s initiatives and actions affirm his dedication to transforming Edo State for the better.
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