Tinubu’s Guinean citizenship, perjury ignored because he didn’t have chance to defend them: Appeal Court
The panel was silent on how the president’s manifest perjury should be remedied, especially as the Nigerian Constitution forbids making false submissions to the electoral office.

The Presidential Election Petitions Tribunal said it dismissed the evidence of dual citizenship and perjury against President Bola Tinubu because Atiku Abubakar introduced the matter at a time when the president’s lawyers could no longer respond, which the justices deemed to be an “unfair tactic” that would not be tolerated.

According to the full opinion released by the Court of Appeal, Mr Abubakar alleged Mr Tinubu was unqualified to contest the presidency without providing any details to buttress the allegation in his initial petition but later “smuggled in the new facts” of Guinean citizenship hiding under the phrase “further details” when there were no details given in the first instance.

“It is now through their Reply that Petitioners, who themselves seemed to have had no clear idea of what they meant by 2nd Respondent’s non-qualification for the election or simply deliberately kept it back when filing their petition, want to now introduce through their Reply at a time when respondents have no further right of responding to them,” the court held in the September 6 decision. “Such unfair tactics cannot, and is not, allowed by our law.”

The five-member panel said that the matter of Guinean citizenship was a fact that should have been presented as a separate petition rather than as a response to Mr Tinubu’s defence, scolding the former vice-president’s lawyers as being “clever by half” when they introduced the passport that Mr Tinubu obtained from a foreign country.


The passport surfaced after Mr Tinubu had already said under oath that he had never obtained foreign citizenship while submitting his application to run for president.

“The petitioners were only being clever by half when they claimed in paragraph 2.1 (b) of their Reply that they were simply giving, as they put it, ‘further details’ of the non-qualification of 2nd respondent by averring to the conviction, fine, certificate forgery and dual citizenship of 2nd Respondent that they raised in their Replies,” the judges said.

“They had never given any details of 2nd Respondent’s non-qualification and so cannot talk about ‘further details’ let alone hide under such ‘further’ details to smuggle in the new facts they averred in paragraph 1.2 (i) (ii), (iii), (iv) (v) and 2.l (b) of their Reply.”

The judges arrived at the decision even though Mr Tinubu’s lawyers, led by Wole Olanipekun, still defended the Guinean citizenship puzzle, saying it had expired when Mr Tinubu’s passport expired in 2020. The passport was issued on October 6, 2015, and expired on October 6, 2020, but passport expiry does not invalidate a holder’s citizenship.

It was also unclear whether or not Mr Tinubu was issued a new passport following the expiry of the one that was issued in 2015 and tendered in court this year, three years after it expired. Still, the expired document was sufficient to establish Mr Tinubu’s dual citizenship, which he lied that he had never obtained when asked by the electoral office INEC.

Mr Abubakar’s lawyers had said in their initial brief that Mr Tinubu was unqualified to stand election for several reasons, which they then said would be established with evidence at trial. Yet, the judges still claimed the petition was not sufficient in disclosing specifically what would be proven when the trial opened.

The panel of five justices led by Haruna Tsammani said that to adjudge Mr Tinubu — who met the four presidency criteria listed in Section 131 of the Constitution — as ineligible to run for office based on a nebulous “reason of non-qualification” contained in Mr Abubakar and PDP’s initial petition, left all parties involved including the court and electoral commission completely at sea.

“Therefore, an assertion that merely says that a person is not qualified to contest election by reason of non-qualification will leave not just the person so assailed but every other person involved, including the court, at a loss as to what the pleader has in mind,” they said.

The judges, however, failed to disclose how Mr Tinubu’s apparent perjury should be addressed, especially since the Nigerian Constitution specifically prohibits making false submissions to the electoral office. Elected politicians, including governors, have been sacked in the past by the Supreme Court for lying to INEC, and prosecution is also sometimes recommended.

Mr Abubakar, as well as his Labour Party counterpart Peter Obi, disclosed last week that the judgement was fundamentally flawed and would be appealed to the Supreme Court. Mr Tinubu and his allies have hailed the judgement as a victory that would further strengthen Nigeria’s democracy.

“It is now through their Reply that Petitioners, who themselves seemed to have had no clear idea of what they meant by 2nd Respondent’s non-qualification for the election or simply deliberately kept it back when filing their petition, want to now introduce through their Reply at a time when respondents have no further right of responding to them,” the court held in the September 6 decision. “Such unfair tactics cannot, and is not, allowed by our law.”

helinues:


Some things are certain about those who are going to court, Atiku na Tinubu's friend tipe tipe, forget the politics, at least Pdp will get anything from 5- 10 ministers from the recent appointed ministers. So na normal politics with no emotions attached.

As for Peter Obi going to Supreme court, it's very obvious it's for scam purpose so that his members can donate another round of money even for the facts say through out the election, Dem no receive shishi, infact na their hard earned money Dem spend to campaign for their principal which still make some of them to be aggressive when engaging others cos the money just kupee like that.

You don't need an aworawo to know those facts above

HarryGleb:
I need a secretary.

helinues:


Try and be knowing which thread to troll people. You can't just be disgracing yourself everywhere.

If you get job yourself, you won't be doing the below futile efforts all in the name of trolling.

At least pity yourself with the stress of creating both disposable emails and NL monikers before doing the trolling which eventually na seconds it dey take mods to wipe them out like below.

You are a confirmed Obidients on this forum yet none of your group members never called you out before nor advise you to do something productive with your life and time.

That's a justification about the thread I created today about Labour Party being a cult group like Shakahola church in Kenya while the Obidients are the brainwashed members.

https://www.nairaland.com/7836808/lp-now-cult-group

It's pure abnormality for you to choose trolling others for years as a career. No rewards or thank you. Ask those who are hailing you if they can go through the stress of trolling others for just a day not to talk of years, their responses have always being when I am not mad.

All this that I am telling you are things that will stick to your subconscious mind in future regretting how you wasted your time trolling others for years because they don't support what you support.

I go continue to dey remember you in my prayer sha

helinues:


Some things are certain about those who are going to court, Atiku na Tinubu's friend tipe tipe, forget the politics, at least Pdp will get anything from 5- 10 ministers from the recent appointed ministers. So na normal politics with no emotions attached.

As for Peter Obi going to Supreme court, it's very obvious it's for scam purpose so that his members can donate another round of money even for the facts say through out the election, Dem no receive shishi, infact na their hard earned money Dem spend to campaign for their principal which still make some of them to be aggressive when engaging others cos the money just kupee like that.

How on earth would a 3rd candidate in an election go to court without also question how Atiku became second and challenge the votes given to him by INEC. Okay, what figures did you arrive at to have won the election, no response, okay which states did you secure 25% in 24 states , Lagos, Abuja errm errm, which states , local government, polling units rigging took place with evidence not even 1. Mugu go surely donate money for the SC while Peter Obi, the national theatre horse go divert the money for donations to go open another beer factory like Hero beer .

You don't need an aworawo to know those facts above

olisaEze:
Perjury is defined as lying under oath. There appears to be no statute of limitation on it in Nigeria as long as 2 or more witnesses can attest to the fact in court. Neither is it a crime that judges appointed by the same constitution can choose to ignore at their own discretion.

seunmsg:
Perjury is a criminal offense that can be tried under a criminal code...

Racoon:
All your warped assertions in the course of defending the numerous criminality of Bola Tinubu are well noted.

seunmsg:
Una go cry till 2031

PrinceOfLagos:
The Nigerian courts and comedy

Shame shame shame