Law
Chicago State University: Tinubu has something to hide – Atiku
The Counsel representing the interest of the Peoples Democratic Party (PDP) presidential candidate, Atiku Abubakar in his quest to unravel the controversy around the educational qualifications of President Bola Tinubu has said that they are puzzled by Tinubu’s “vigorous opposition” to a request asking the Chicago State University to make open disclosure about the matter.
Atiku’s lawyer, Liu Angela, Wednesday said she had sent an email to Tinubu’s lawyers asking for their cooperation in asking the Chicago State University about documents that are already in the public domain, which have been submitted in proceeding in the Nigerian court.
According to her, the email, which was sent on August 3, 2023 is requesting, “to learn CSU’s position on whether, how, and when they were provided to other Nigerian litigants, and CSU’s position on the authenticity of the documents.”
According to Ms Angela, “Mr. Tinubu should have been keen to clear up any inconsistencies in his academic achievements and set the records straight by allowing the expedition of the legal process.
“If there is an explanation for the discrepancies we have identified, we would think that Mr Tinubu would be eager to provide it. If you would like to provide an explanation to us, we are happy to consider it. That might preclude the need for, or at least expedite the deposition,” the lawyer said.
Atiku has thus, through his lawyer, expressed a willingness to cooperate with Mr Tinubu’s legal team to shut down controversies surrounding the president’s credentials.
But rather than extend the same cooperation to Atiku’s lawyer, the team representing Tinubu has vehemently opposed all initiatives aimed to setting the records straight about Tinubu education claims at the Chicago State University.
Ms. Angela thus stressed that Mr Tinubu’s adamant refusal to grant them access to his school records has only fuelled suspicions and suggested that he has something to conceal.
“In candour, the vehemence of Mr Tinubu’s opposition to this discovery is increasing rather than mitigating our suspicions,” Mr Angela asserted.
The lawyer representing Atiku further noted disappointment about how Tinubu is frustrating and stalling the entire judicial process.
She explained that Tinubu had been advised to join the case earlier since the applicant would not oppose the request, but that he chose to remain silent and waited until Atiku’s team had submitted an ‘Order Directing Discovery’ of his academic records in court before expressing an interest in joining the suit.
Then, “Mr Tinubu turned around a week later and headed straight to the States District Court for the Northern District of Illinois to apply to join as previously advised without consulting with Mr Abubakar, perceived as a devious delay gimmick.
“At the outset, Applicant emphasizes that he does not oppose the Motion, but questions why Mr Tinubu filed it, instead of contacting and coordinating with Applicant’s counsel to submit a joint submission,” Ms Angela wrote in her response to Mr Tinubu’s motion to join on August 4.
“Thus, on July 27, 2023, almost a week prior to filing the application, counsel for applicant advised counsel for Mr Tinubu and CSU that applicant intended to file the application and that he was “willing to stipulate to Mr. Tinubu’s intervention in the Section 1782 federal action,” Mr Abubakar’s lawyer told the court.
The discretion by the Tinubu’s team is further fueling optimism in the Atiku’s team that the academic records would support his case against Mr Tinubu at the presidential elections petitions tribunal to prove that President Tinubu may have falsified his credentials and should be disqualified.
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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