Nasarawa Guber: Appeal Court Overturns Tribunal Verdict, Reinstates Abdullahi Sule

The Abuja Division of the Appeal Court on Thursday reversed the sack of the Nasarawa State Governor, Abdullahi Sule by the State Election Petitions Tribunal in its judgment delivered on October 2. Declaring the tribunal verdict a nullity, the court held that the Ezekiel Ajayi-led tribunal acted in grave error in using witness statements on oath and not front-loaded as required by law to arrive at the unjust conclusion of nullifying the election of the governor. The appellate court, in its judgment delivered by Justice Uchechukwu Onyemenam, said that the Tribunal was legally bound to act on witness statements filed along with the petition or front loaded within 21 days stipulated by law. The Court held that no petition can lawfully be amended outside the 21 days allowed by law as wrongly done by the Tribunal. Since the statements used by the Tribunal to sack the Governor were not front loaded in compliance with law, the statements were product of illegality with no probate value tor a law Court to act upon. The Court also dismissed the over voting issues also used to annul the election adding that allegations to that were not established by law. Justice Onyemenam held that the petition by the Governorship candidate of the People’s Democratic Party PDP was a nullity and invalid on the ground that the jurisdictional issues raised by the governor was unlawfully ignored by the Tribunal. According to the Court of Appeal, the Tribunal denied the governor fair hearing by not considering and making findings on the issues of jurisdiction raised at the hearing of the petition. Justice Onyemenam agreed that denial of fair hearing against the governor was fatal and tendered all decisions of the Tribunal invalid. In all, the Court of Appeal reversed all orders made against the governor and the Independent National Electoral Commission INEC and affirmed Sule as the lawfully elected governor of the state. INEC had declared Sule winner of the governorship election on the ground that he polled a total of 347,209 votes to defeat his closest opponent David Emmanuel Ombugadu who secured 283,016 votes. In a split decision on October 2, the tribunal nullified Sule’s election and upheld Ombugadu as the winner.

Atiku Vs Tinubu: US Court Confirms Nigeria’s Supreme Court Can Consider New Evidence

In a recent ruling by Justice Nancy Maldonado of the United States Court, it has been confirmed that the Supreme Court of Nigeria possesses the mechanism to consider new evidence under “exceptional circumstances.” This significant decision comes in response to President Ahmed Tinubu’s objection to presenting documents from Chicago University as evidence in Alhaji Atiku Abubakar’s case. The US court emphasized that President Tinubu failed to provide any testimony or evidence indicating that the Court of Appeal’s decision somehow prevented the Supreme Court of Nigeria, in its discretion, from considering new arguments and evidence under “exceptional circumstances.” It was noted that President Tinubu, in fact, conceded this procedural mechanism before Judge Gilbert and did not dispute its existence. The court further clarified that President Tinubu’s suggestion that the evidence “cannot be considered under any circumstances” is unsupported by the record, highlighting that the US court cannot speculate on Nigerian law and procedure. However, it recognized the undisputed existence of a mechanism allowing Mr. Abubakar to potentially introduce the requested discovery into foreign proceedings. The decision regarding whether the Supreme Court of Nigeria will accept these documents or consider them in its decision lies within the jurisdiction of that court. The court stressed the undeniable significance of the discovery and the crucial issues at stake. It acknowledged that Chicago State University (CSU) is the sole source of the sought-after information concerning President Tinubu’s diploma and education, with no alternative means for Mr. Abubakar to access it. Based on Rule 26 considerations and the paramount importance of the discovery, the court supported the request for discovery. It affirmed that it would not obstruct the flow of discovery when it is within the possession of a US institution, especially given CSU’s readiness to provide it. The court concluded that Mr. Abubakar’s interest in the discovery outweighs President Tinubu’s privacy concerns. Considering these factors, the court found that the discretionary factors support granting Mr. Abubakar’s application. It also noted that President Tinubu did not specifically object to the scope of the discovery requests and that the requests were appropriately tailored to seek relevant information. In conclusion, the US court overruled President Tinubu’s objections and adopted Judge Gilbert’s ruling in full. Mr. Abubakar’s Application for discovery was granted. An expedited schedule was set for completion of discovery, aligning with the pending Supreme Court of Nigeria deadline. CSU was directed to produce relevant documents and complete the deposition, ensuring compliance with the established timeline.

Alleged N805m fraud: Supreme Court frees Nwaoboshi

The Supreme Court, Friday, nullified the conviction of Senator Peter Nwaoboshi who represents Delta North, and his sentencing to seven years imprisonment for offences of fraud and money laundering. The apex court also ordered his immediate release from Ikoyi Prison in Lagos, where he is currently being held. The Economic and Financial Crime Commission (EFCC) had accused Nwaoboshi and his companies of illegally acquiring a property named Guinea House on Marine Road, in Apapa, Lagos, for N805 million, the property said to belong to the Delta State Govt. Delivering Judgement, the Court also freed the two companies-Golden Touch Construction Project Ltd and Suiming Electrical Ltd – tried with him on a two-count charge brought against them by the Prosecution agency. In a split judgement of four-to-one, the Supreme Court set aside the July 1, 2022 judgment of the Court of Appeal, Lagos, which had reversed their discharge and acquittal by a Federal High Court in Lagos. In a lead judgment by Justice Emmanuel Agim, the apex court  held that Nwaobishi and the two companies were unjustly and maliciously prosecuted by the EFCC for committing no offences known to law, and  subjected them to  criminal trial in relation civil transaction, needlessly. They had claimed that part of the money paid for the property was transferred by Suiming Electrical Ltd on behalf of Nwaoboshi and Golden Touch Construction Project Ltd, adding the funds are believed to be proceeds of their illicit activities.