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Supreme Court Reserves Judgments In Atiku, Obi’s Petitions Against Tinubu’s Election

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The Supreme Court on Monday reserved judgements in the appeals filed by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, and that of the Labour Party (LP), Peter Obi, challenging the declaration of President Bola Tinubu of the All Progressives Congress (APC) as the winner of the February 25 presidential election.

Atiku and Obi separately attacked the judgement of the Presidential Election Petition Court (PEPC), which dismissed their petitions against the conduct of the 2023 presidential election and its outcome.

A seven-member panel of justices of the apex court, headed by Justice I. John Nyang Okoro, reserved judgements in the appeals for a date that would be communicated to parties after the adoption of the processes filed in the matter.

At Monday’s proceedings, Chief Chris Uche, who led the legal team of Atiku and PDP, informed the court of an interlocutory application seeking the leave of the court to present fresh evidence in the appeal.

The fresh evidence Atiku sought to tender is the academic record of Tinubu, handed over to him by Chicago State University (CSU) on October 2, 2023.

The 32-page document was released to the former Vice President on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, United States of America.

The US court had ordered CSU to release the said documents to Atiku despite Tinubu’s objection because the court was convinced that it would help Atiku establish his allegation of forgery and lying on oath against Tinubu.

However, one of the justices on the panel, Justice Emmanuel Agim, told Atiku’s lead counsel that the deposition, which he sought to tender as evidence, was done in the chamber of lawyers to Atiku and not in the court as required by law.

Seeking further clarification, Justice Agim said: “I expected the college to write disclaiming the documents in dispute. Does a stenographer have the legal authority to administer oath? We are dealing with a matter that touches on the national interest of this country.”

In his response, Uche submitted that the legal system in the United States is different from that of the English legal system which is practised in Nigeria, and confirmed that the depositions were made in the law chambers of Atiku’s American lawyer, with representation by Tinubu’s American lawyer.

He insisted that there were no conflicts or disputes over the legality of the depositions.

Tinubu’s lawyer, Chief Wole Olanipekun, raised an objection to the admissibility of the depositions, saying such depositions have to be adopted by the individual that deposed to them before they can be admitted as evidence before a court.

In response, Uche argued that such is not the practice in foreign proceedings and clarified that the depositions were not based on a court order to clarify the discrepancies observed in the communication by the Chicago State University.

The presiding justice, Justice Okoro, observed that the issue of conflicting documents from the same institution is a serious criminal act that ought to be proved beyond reasonable doubt.

After hearing the appellants’ motion to admit fresh evidence and the objections by the respondents, the court directed the parties to adopt their briefs of arguments on the substantive appeal and thereafter reserved judgement for a date that would be communicated to the parties.

Abubakar Mahmoud, Chief Olanipekun, and Chief Akin Olujimi, who, respectively, represented INEC, Tinubu, and the All Progressives Congress (APC), listed as 1st to 3rd respondents, had, in their preliminary objections, urged the court to dismiss the appeal for lack of merit and being misconceived.

In the same vein, the apex court also reserved judgment in the joint appeal filed by Obi and the Labour Party challenging the victory of Tinubu at the February 25 presidential election.

The court announced the reservation of the judgement after the parties adopted their written addresses in the appeal.

While the lead counsel to Obi and his party, Dr Livy Uzoukwu, prayed to the apex court to allow the appeal and set aside the judgement of the lower court, Mahmoud, Olanipekun, and Olujimi, representing INEC, Tinubu, Vice President Kashim Shettima, and APC, urged the court to dismiss the appeal for lacking merit.

In another development, the Supreme Court on Monday dismissed the appeal brought before it by the Allied Peoples Movement (APM) against the judgement of the Presidential Election Petition Court (PEPC) delivered on September 6.

The court dismissed the appeal following an application for its withdrawal by APM’s lead counsel, Chukwuma-Machukwu Ume.

APM had argued that Tinubu was not qualified to contest the February 25 presidential election, having violated the provisions of Section 142 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

The party also prayed for a declaration that the return of Tinubu by INEC as the President-elect of the Federal Republic of Nigeria is null and void; and that the withdrawal of the 5th respondent, Kabiru Masari, as Vice Presidential candidate to Tinubu, by the operations of the law, amounted to the automatic withdrawal and invalidation of the candidate of the APC. The party had asked for an order nullifying and voiding all votes scored by APC in the presidential election of February 25.

The party also applied for an order directing INEC to return the candidate with the second highest votes at the election as the winner of the presidential election.

 

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I Delivered $15m Agency Cash To Ex-NIMASA DG Akpobolokemi, EFCC Witness Tells Court

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A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.

The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.

Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.

According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.

He said he subsequently took the money to the office of the then Director-General.

“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.

The witness explained that he collected the bag from his aide before entering the office.

“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”

The witness was initially a defendant in the case but later opted to testify for the prosecution.

While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.

According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.

He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.

“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.

During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.

When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”

After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.

The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.

Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.

They pleaded not guilty to the offences.

The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.

According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.

Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.

The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.

One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.

 

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CBN Bars Chronic Loan Defaulters from Accessing New Banking Services

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The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).

This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.

This order is specifically targeted at large-ticket obligors.

The CBN issued the directive in a circular to banks on Monday.

The latest instruction comes almost a week after the CBN asked financial institutions to stress test.

It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.

“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.

“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.

“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”

 

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Makinde Only In PDP Because He’s Not Seeking Re-election – Otitoju

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Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.

Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.

He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.

“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.

“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?

“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.

“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.

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