₦airaland Forum

A SNEAK PREVIEW OF WHAT THE SUPREME COURT WILL DO.

DISCUSS.

FROM A SAN'S BIRD'S-EYE-VIEW

PRESIDENT TINUBU'S CERTIFICATE AND THE CHALLENGES BEFORE THE SUPREME COURT.
AFTER PUBLICLY RECEIVING THE DEPOSITION FROM CHICAGO STATE UNIVERSITY (CSU), ATIKU HAS FILED SAME AT THE SUPREME COURT.

*CHALLENGES* *AHEAD*

1. THE SUPREME COURT IS A COURT OF APPEAL FROM JUDGEMENT OF PEPT OF 6TH SEPTEMBER, 2023 AND AS SUCH IT IS NOT A COURT OF ADMISSION OF FRESH EVIDENCE IN ELECTION MATTERS. THE PEPT WHICH IS THE EXCLUSIVE COURT TO ADMIT EVIDENCE, BE IT OLD OR FRESH IN ELECTION MATTERS, HAS HEARD ATIKU'S PETITION AND SINCE DELIVERED JUDGEMENT.

2. ATIKU THROUGH OUT THE HEARING OF HIS PETITION NEVER ADDUCED ANY DOCUMENTARY EVIDENCE CHALLENGING TINUBU'S CERTIFICATE AT THE PEPT. HE IS THEREFORE APPARENTLY FORECLOSED FROM BRINGING ANY EVIDENCE, WHETHER "FRESH " OR "OLD" TO THE SUPREME COURT, IN AN ELECTION MATTERS WHICH IS TIME BOUND.

3. AND THE QUESTION IS: EVEN IF IN THE UNLIKELY EVENT, THE DEPOSITION IS ADMITTED, OF WHAT LEGAL CONSEQUENCE WILL SAME BE TO PRESIDENT TINUBUS'S PRESIDENCY? ABSOLUTELY NONE!!! THE ISSUE AT STAKE IS FORGERY, WHICH IS A CRIMINAL OFFENSE. ATIKU HAS TO PROVE BEYOND REASONABLE DOUBT THAT TINUBU FORGED HIS CERTIFICATE; AND SUCH PROOF MUST BE THROUGH THE CALLING OF ORAL EVIDENCE AND NOT BY AND/OR THROUGH WITNESS DEPOSITIONS ON OATH.

4. THE SUPREME COURT IS NOT A COURT OF TRIAL AND OF TAKING ORAL EVIDENCE IN ELECTION MATTERS. ATIKU HAS TO CALL THE 'CSU' REGISTRAR AS HIS CRUCIAL WITNESS AND HE WILL HAVE TO BE CROSS EXAMINED BY TINUBU'S COUNSEL.

5. BASED ON THE DECISION IN 'IKIE V SHERIFF, ATIKU HAS TO ALSO PRODUCE BEFORE THE SUPREME COURT, THE REAL PERSON (A FEMALE ACCORDING TO HIM), WHO HE CLAIMS PRESIDENT TINUBU STOLE THE IDENTITY OF, ON THE SAID CERTIFICATE.

6. THE LAW IS AXIOMATIC ABOUT THE FACT THAT THERE CANNOT BE A CRIMINAL TRIAL AND CONVICTION, WITHOUT FIRST HEARING ORAL EVIDENCE FROM THE PARTIES; AND NEEDLESS TO ADD THAT THE SUPREME COURT IS NOT THE ARENA TO HEAR ORAL EVIDENCE.

7. CONVERSELY THEN CAN ATIKU INSTITUTE CRIMINAL PROCEEDINGS AGAINST TINUBU IN A REGULAR COURT OVER THIS ISSUE? YES,
ATIKU COULD HAVE BEEN ABLE TO INITIATE A PRIVATE PROSECUTION AGAINST TINUBU, AS IT IS OBVIOUS THE LAGOS STATE GOVERNMENT WILL NEVER PROSECUTE PRESIDENT TINUBU EVEN IF THE CERTIFICATE WAS FORGED. HOWEVER, AFTER GANI FAWEHINMI'S BOLD EFFORTS TO OBTAIN A FIAT TO PRIVATE PROSECUTION OF ALI AKILU AND TOGUN, OVER DELE GIWA'S DEATH IN 1986, THE LAGOS STATE GOVERNMENT HAD EXPUNGED THAT RIGHT FROM HER LAWS.

8. EVEN IF, FOR ACADEMIC PURPOSE, ATIKU OBTAINS A FIAT TO PRIVATELY PROSECUTE TINUBU IN A REGULAR COURT, THE QUESTION IS: WILL SAME HAVE JURISDICTION TO TRY SUCH A MATTER? THE CONSTITUTION HAS GIVEN PRESIDENT TINUBU (IMMEDIATELY HE WAS SWORN IN), IMMUNITY AGAINST ANY CIVIL OR CRIMINAL PROCEEDINGS AND THAT NO WRIT OR SUMMONS CAN BE SERVED ON HIM UNTIL AFTER THE EXPIRATION OF HIS FOUR YEAR TENURE. SO, NOTHING LEGAL CAN BE DONE TO REMOVE PRESIDENT TINUBU, EVEN IF HE FORGED THE SAID CERTIFICATE.

*QUO VADIS*
THE ISSUE AT STAKE IS PURELY LAW AND LAW ONLY! IT IS THUS NOT A SOCIAL MEDIA AFFAIR. THE LAW REQUIRES PROOF BEYOND REASONABLE DOUBT AND LAYS DOWN RULES AND PROCEDURES FOR THE ADMISSION OF EVIDENCE TO PROVE A MATTER. IF YOU FAIL TO STRICTLY FOLLOW THOSE RULES, AND ESPECIALLY IN AN ELECTION (A TIME- BOUND MATTER), YOU WILL LOSE YOUR CASE NO MATTER HOW GOOD SAME WAS OR IS.

THUS THE QUESTION ARISES AT THIS JUNCTURE, WHY DID ATIKU NOT PRESENT THIS CRUCIAL EVIDENCE FROM THE DATE THAT TINUBU SUBMITTED HIS FORM TO INEC. WHY WAIT TILL AFTER THE PEPT DELIVERED JUDGEMENT?

THAT 'CARSUS OMMISUS' (OR 'COSTLY OVERSIGHT') IS ATIKU'S SELF INFLICTED LEGAL NEMESIS. IT IS THEREFORE LIKELY TO BE A QUICK ONE FROM THE SUPREME COURT. A VERY QUICK ONE!

DISSEMINATION BY: DR MUDIAGA ODJE, SAN OFR, CENTRE FOR THE ADVANCEMENT OF THE RULE OF LAW.


Additionally,atiku introduced the forgery and also the citizenship case at the tribunal out of time so it is dead on arrival.
Secondly, according to rule2 (12) of the supreme court,there are three conditions for accepting new evidences
1) as at the time of the trial,the evidence could not have been available or was not in existence...(this settles the matter as the evidence could have even been gotten last year or long ago)

2) it must be necessary and cogent.
3) it must be incontrovertible ( obviously it is not incontrovertible)



Mynd44
Nplfmod
Fergie001
Nairalandkachy
Helinues
Yarimo
Generalpula
Generaldae
Okoroawusa
Silvertingue
Jrusky
Efewestern
Aiel123
Tutudesz
Donphilopus
Benuejosh
Vicdom
Vixlot
Naptu
Spy30
Soy360
Ifnobegod20
Coolambience
Kyase

Atiku will fail colossally

My brother nothing will keep Bola Tinubu in that seat not even if demons are recruited to be the judges at the supreme court.

Any attempt to dupe the people under any fraudulent technicality will be met with extreme response from the Nigerian people. If you people think you're the most stupid continue fooling yourself we're waiting for you criminals. We will defend this Country to the last man to prevent any illegitimate serial criminal forger and former drug dealer from being Nigeria's president.
You think you're the only ones in Nigeria you crazy criminals!

koiki4bat:

Taylor and xcape won't like this

Cc tesppidd,aswani,zoedew, litigator

Technicality outweighs the merit of the case. We already know how the judiciary works in Nigeria.

Nothing new here

If not bribery, justice

garfield1:
A SNEAK PREVIEW OF WHAT THE SUPREME COURT WILL DO.

DISCUSS.

FROM A SAN'S BIRD'S-EYE-VIEW

PRESIDENT TINUBU'S CERTIFICATE AND THE CHALLENGES BEFORE THE SUPREME COURT.
AFTER PUBLICLY RECEIVING THE DEPOSITION FROM CHICAGO STATE UNIVERSITY (CSU), ATIKU HAS FILED SAME AT THE SUPREME COURT.

*CHALLENGES* *AHEAD*

1. THE SUPREME COURT IS A COURT OF APPEAL FROM JUDGEMENT OF PEPT OF 6TH SEPTEMBER, 2023 AND AS SUCH IT IS NOT A COURT OF ADMISSION OF FRESH EVIDENCE IN ELECTION MATTERS. THE PEPT WHICH IS THE EXCLUSIVE COURT TO ADMIT EVIDENCE, BE IT OLD OR FRESH IN ELECTION MATTERS, HAS HEARD ATIKU'S PETITION AND SINCE DELIVERED JUDGEMENT.

2. ATIKU THROUGH OUT THE HEARING OF HIS PETITION NEVER ADDUCED ANY DOCUMENTARY EVIDENCE CHALLENGING TINUBU'S CERTIFICATE AT THE PEPT. HE IS THEREFORE APPARENTLY FORECLOSED FROM BRINGING ANY EVIDENCE, WHETHER "FRESH " OR "OLD" TO THE SUPREME COURT, IN AN ELECTION MATTERS WHICH IS TIME BOUND.

3. AND THE QUESTION IS: EVEN IF IN THE UNLIKELY EVENT, THE DEPOSITION IS ADMITTED, OF WHAT LEGAL CONSEQUENCE WILL SAME BE TO PRESIDENT TINUBUS'S PRESIDENCY? ABSOLUTELY NONE!!! THE ISSUE AT STAKE IS FORGERY, WHICH IS A CRIMINAL OFFENSE. ATIKU HAS TO PROVE BEYOND REASONABLE DOUBT THAT TINUBU FORGED HIS CERTIFICATE; AND SUCH PROOF MUST BE THROUGH THE CALLING OF ORAL EVIDENCE AND NOT BY AND/OR THROUGH WITNESS DEPOSITIONS ON OATH.

4. THE SUPREME COURT IS NOT A COURT OF TRIAL AND OF TAKING ORAL EVIDENCE IN ELECTION MATTERS. ATIKU HAS TO CALL THE 'CSU' REGISTRAR AS HIS CRUCIAL WITNESS AND HE WILL HAVE TO BE CROSS EXAMINED BY TINUBU'S COUNSEL.

5. BASED ON THE DECISION IN 'IKIE V SHERIFF, ATIKU HAS TO ALSO PRODUCE BEFORE THE SUPREME COURT, THE REAL PERSON (A FEMALE ACCORDING TO HIM), WHO HE CLAIMS PRESIDENT TINUBU STOLE THE IDENTITY OF, ON THE SAID CERTIFICATE.

6. THE LAW IS AXIOMATIC ABOUT THE FACT THAT THERE CANNOT BE A CRIMINAL TRIAL AND CONVICTION, WITHOUT FIRST HEARING ORAL EVIDENCE FROM THE PARTIES; AND NEEDLESS TO ADD THAT THE SUPREME COURT IS NOT THE ARENA TO HEAR ORAL EVIDENCE.

7. CONVERSELY THEN CAN ATIKU INSTITUTE CRIMINAL PROCEEDINGS AGAINST TINUBU IN A REGULAR COURT OVER THIS ISSUE? YES,
ATIKU COULD HAVE BEEN ABLE TO INITIATE A PRIVATE PROSECUTION AGAINST TINUBU, AS IT IS OBVIOUS THE LAGOS STATE GOVERNMENT WILL NEVER PROSECUTE PRESIDENT TINUBU EVEN IF THE CERTIFICATE WAS FORGED. HOWEVER, AFTER GANI FAWEHINMI'S BOLD EFFORTS TO OBTAIN A FIAT TO PRIVATE PROSECUTION OF ALI AKILU AND TOGUN, OVER DELE GIWA'S DEATH IN 1986, THE LAGOS STATE GOVERNMENT HAD EXPUNGED THAT RIGHT FROM HER LAWS.

8. EVEN IF, FOR ACADEMIC PURPOSE, ATIKU OBTAINS A FIAT TO PRIVATELY PROSECUTE TINUBU IN A REGULAR COURT, THE QUESTION IS: WILL SAME HAVE JURISDICTION TO TRY SUCH A MATTER? THE CONSTITUTION HAS GIVEN PRESIDENT TINUBU (IMMEDIATELY HE WAS SWORN IN), IMMUNITY AGAINST ANY CIVIL OR CRIMINAL PROCEEDINGS AND THAT NO WRIT OR SUMMONS CAN BE SERVED ON HIM UNTIL AFTER THE EXPIRATION OF HIS FOUR YEAR TENURE. SO, NOTHING LEGAL CAN BE DONE TO REMOVE PRESIDENT TINUBU, EVEN IF HE FORGED THE SAID CERTIFICATE.

*QUO VADIS*
THE ISSUE AT STAKE IS PURELY LAW AND LAW ONLY! IT IS THUS NOT A SOCIAL MEDIA AFFAIR. THE LAW REQUIRES PROOF BEYOND REASONABLE DOUBT AND LAYS DOWN RULES AND PROCEDURES FOR THE ADMISSION OF EVIDENCE TO PROVE A MATTER. IF YOU FAIL TO STRICTLY FOLLOW THOSE RULES, AND ESPECIALLY IN AN ELECTION (A TIME- BOUND MATTER), YOU WILL LOSE YOUR CASE NO MATTER HOW GOOD SAME WAS OR IS.

THUS THE QUESTION ARISES AT THIS JUNCTURE, WHY DID ATIKU NOT PRESENT THIS CRUCIAL EVIDENCE FROM THE DATE THAT TINUBU SUBMITTED HIS FORM TO INEC. WHY WAIT TILL AFTER THE PEPT DELIVERED JUDGEMENT?

THAT 'CARSUS OMMISUS' (OR 'COSTLY OVERSIGHT') IS ATIKU'S SELF INFLICTED LEGAL NEMESIS. IT IS THEREFORE LIKELY TO BE A QUICK ONE FROM THE SUPREME COURT. A VERY QUICK ONE!

DISSEMINATION BY: DR MUDIAGA ODJE, SAN OFR, CENTRE FOR THE ADVANCEMENT OF THE RULE OF LAW.


Additionally,atiku introduced the forgery and also the citizenship case at the tribunal out of time so it is dead on arrival.
Secondly, according to rule2 (12) of the supreme court,there are three conditions for accepting new evidences
1) as at the time of the trial,the evidence could not have been available or was not in existence...(this settles the matter as the evidence could have even been gotten last year or long ago)

2) it must be necessary and cogent.
3) it must be incontrovertible ( obviously it is not incontrovertible)



Mynd44
Nplfmod
Fergie001
Nairalandkachy
Helinues
Yarimo
Generalpula
Generaldae
Okoroawusa
Silvertingue
Jrusky
Efewestern
Aiel123
Tutudesz
Donphilopus
Benuejosh
Vicdom
Vixlot
Naptu
Spy30
Soy360
Ifnobegod20
Coolambience
Kyase

I have a simple question for you .
David lyon of balyesa was removed office by supreme Court over inconsistencies in the certificate of his deputy ...not his own certificate . It was judged that there ticket us joint ticket and what affects one affects the other . In this case now the csu said the A in tinubu name stands for Ahmed but the nysc says is adekunle . .They have since updated his wikilipidia account to include adekunle... Doesn't this amount to inconsistency in document?

Secondly...The tribunal dismissed a case of dual citizenship against tunubu in the ground that his Guinea citizenship was honorary and expires when the passport expires. Right now the cdu certificate tinubu us parading has American black citizen with social security as the owner . This amount to lieing on oath . Tell me if this doesn't amount to disqualification?

Waste of time by Atiku.

There is no evidence that the diploma Nigeria's President Bola Ahmed Tinubu submitted to the country's electoral commission was forged, the BBC's Global Disinformation Team has found.

This doesn't need any legal postulation.... The Supreme Court will return Tinubu and lambast the appellants for going on a circus show.

greggng:
I have a simple question for you .
David lyon of balyesa was removed office by supreme Court over inconsistencies in the certificate of his deputy ...not his own certificate . It was judged that there ticket us joint ticket and what affects one affects the other . In this case now the csu said the A in tinubu name stands for Ahmed but the nysc says is adekunle . .They have since updated his wikilipidia account to include adekunle... Doesn't this amount to inconsistency in document?

David Lyon's case is different. His case was pre-election and was well-marshalled from the "get-go".

A. The case of inconsistencies of names has been overtaken by recent Supreme Court Judgements. David Lyon's is no more obtainable today.

B. That was also the Electoral Act 2010, this is Electoral Act 2022. There is a slight distinction between a false affidavit and forgery. Even that of David Lyon wasn't forgery but false representation of his affidavit on his INEC forms.

Secondly...The tribunal dismissed a case of dual citizenship against tunubu in the ground that his Guinea citizenship was honorary and expires when the passport expires. Right now the cdu certificate tinubu us parading has American black citizen with social security as the owner . This amount to lieing on oath . Tell me if this doesn't amount to disqualification?

These issues were not canvassed at the lower Courts. The onus is on the petitioner to prove beyond any reasonable doubts. You cannot ambush the other Party by bringing up fresh issues on Appeal at the Supreme Court.

Just maybe if these issues had some "teeth" at the pre-hearing stages, there might have been some success.

Again, whatever he has entered there has been over-taken by virtue of the fact that they are pre-election and fall under Section 29(5) of the Electoral Act.

Again, honorary citizenship grants neither rights nor privileges but is just a symbolic gesture.

Lol

Supreme Court Should Not Forget Say
Men Mount Ooo

koiki4bat:
My brother nothing will keep Bola Tinubu in that seat not even if demons are recruited to be the judges at the supreme court.

Any attempt to dupe the people under any fraudulent technicality will be met with extreme response from the Nigerian people. If you people think you're the most stupid continue fooling yourself we're waiting for you criminals. We will defend this Country to the last man to prevent any illegitimate serial criminal forger and former drug dealer from being Nigeria's president.
You think you're the only ones in Nigeria you crazy criminals!

Please will you be bold enough to commit suicide if Tinubu is kept in that seat by the Supreme court? Or you are one of the cowards we have around?

He can be removed by force. Nigerian constitution is useless except when it affects the less privilege. We can't continue to condone criminal elements in the name of backward constitution. Just few months ago the US placed a travel ban on the useless judges of our so called supreme court due to bias judgements.

What do you expect from the most foolish people on earth according to Nwazuruike. Those that believed Buhari was cloned. Hahahaha

garfield1:
Cc tesppidd,aswani,zoedew, litigator

Me personally I have never dreamt or imagined that Tinubu will be removed.

Not in this country, Not in this century.

All I want is a full unmasking of the thing we have at Aso Rock.

Emekaonline:
What do you expect from the most foolish people on earth according to Nwazuruike. Those that believed Buhari was cloned. Hahahaha

Nonsense.

Seeing all the embarrassing lies, controversies and criminal tendencies of the man Tinubu has nothing to do with believing Buhari was cloned or not.

Stop playing silly mind games, this is meant for kids.

The revelations about Tinubu so far ranging from Narcotics to Lies about Secondary school, Lies about age, Lies about CSU,,, are unfortunate and embarrassing..

Nothing to do with Buhari clone or not.

..

OkCornel:
Technicality outweighs the merit of the case. We already know how the judiciary works in Nigeria.

Nothing new here

No technicality here.atiku failed to follow the right procedure

greggng:
I have a simple question for you .
David lyon of balyesa was removed office by supreme Court over inconsistencies in the certificate of his deputy ...not his own certificate . It was judged that there ticket us joint ticket and what affects one affects the other . In this case now the csu said the A in tinubu name stands for Ahmed but the nysc says is adekunle . .They have since updated his wikilipidia account to include adekunle... Doesn't this amount to inconsistency in document?

Secondly...The tribunal dismissed a case of dual citizenship against tunubu in the ground that his Guinea citizenship was honorary and expires when the passport expires. Right now the cdu certificate tinubu us parading has American black citizen with social security as the owner . This amount to lieing on oath . Tell me if this doesn't amount to disqualification?

The supreme court has departed from that Lyon case.they have a new law on forgery now
Concerning adekunle,the supreme court has ruled on similar cases stating that it is simply name variations.again,atiku should have called NYSC to testify.
The ssn on tinubu transcript from CSU is correct,that one on the transcript from Daley college is wrong.in those day,there was no provision for Africans but black Americans or others.tinubu is in order

garfield1:
The supreme court has departed from that Lyon case.they have a new law on forgery now
Concerning adekunle,the supreme court has ruled on similar cases stating that it is simply name variations.again,atiku should have called NYSC to testify.
The ssn on tinubu transcript from CSU is correct,that one on the transcript from Daley college is wrong.in those day,there was no provision for Africans but black Americans or others.tinubu is in order

Doesn't dual citizenship amount to disqualification . You go explain tire ...

Another pathetic writing pattern.

Someone will create a relatively good content and spoil it with all caps, something that irritates the eyes.

Well, I was not able to read beyond the first line of the first point.

garfield1:
Cc tesppidd,aswani,zoedew, litigator

If this certificate issue is what IPOBidient's were saying Atiku knows about President Tinubu that will unseat him because they have shared dark secrets, then once again IPOBidient's are going to suffer some more heavy dissapointment (which that stiff necked group should be used to by now).

My prayer for President Tinubu is that he doesn't see how easy it has been to conquer the menace off Obidients and decide not to work hard for us as Nigerians as there is no opposition to keep him on his toes.

A clear well explained article by the SAN, thanks for sharing garfield1.

This is what the corrupt justices sent to your whatsapp group to be sharing so when they deliver similar judgement, it will conform to the narrative of certain part of the public

garfield1:
A SNEAK PREVIEW OF WHAT THE SUPREME COURT WILL DO.

DISCUSS.

FROM A SAN'S BIRD'S-EYE-VIEW

PRESIDENT TINUBU'S CERTIFICATE AND THE CHALLENGES BEFORE THE SUPREME COURT.
AFTER PUBLICLY RECEIVING THE DEPOSITION FROM CHICAGO STATE UNIVERSITY (CSU), ATIKU HAS FILED SAME AT THE SUPREME COURT.

*CHALLENGES* *AHEAD*

1. THE SUPREME COURT IS A COURT OF APPEAL FROM JUDGEMENT OF PEPT OF 6TH SEPTEMBER, 2023 AND AS SUCH IT IS NOT A COURT OF ADMISSION OF FRESH EVIDENCE IN ELECTION MATTERS. THE PEPT WHICH IS THE EXCLUSIVE COURT TO ADMIT EVIDENCE, BE IT OLD OR FRESH IN ELECTION MATTERS, HAS HEARD ATIKU'S PETITION AND SINCE DELIVERED JUDGEMENT.

2. ATIKU THROUGH OUT THE HEARING OF HIS PETITION NEVER ADDUCED ANY DOCUMENTARY EVIDENCE CHALLENGING TINUBU'S CERTIFICATE AT THE PEPT. HE IS THEREFORE APPARENTLY FORECLOSED FROM BRINGING ANY EVIDENCE, WHETHER "FRESH " OR "OLD" TO THE SUPREME COURT, IN AN ELECTION MATTERS WHICH IS TIME BOUND.

3. AND THE QUESTION IS: EVEN IF IN THE UNLIKELY EVENT, THE DEPOSITION IS ADMITTED, OF WHAT LEGAL CONSEQUENCE WILL SAME BE TO PRESIDENT TINUBUS'S PRESIDENCY? ABSOLUTELY NONE!!! THE ISSUE AT STAKE IS FORGERY, WHICH IS A CRIMINAL OFFENSE. ATIKU HAS TO PROVE BEYOND REASONABLE DOUBT THAT TINUBU FORGED HIS CERTIFICATE; AND SUCH PROOF MUST BE THROUGH THE CALLING OF ORAL EVIDENCE AND NOT BY AND/OR THROUGH WITNESS DEPOSITIONS ON OATH.

4. THE SUPREME COURT IS NOT A COURT OF TRIAL AND OF TAKING ORAL EVIDENCE IN ELECTION MATTERS. ATIKU HAS TO CALL THE 'CSU' REGISTRAR AS HIS CRUCIAL WITNESS AND HE WILL HAVE TO BE CROSS EXAMINED BY TINUBU'S COUNSEL.

5. BASED ON THE DECISION IN 'IKIE V SHERIFF, ATIKU HAS TO ALSO PRODUCE BEFORE THE SUPREME COURT, THE REAL PERSON (A FEMALE ACCORDING TO HIM), WHO HE CLAIMS PRESIDENT TINUBU STOLE THE IDENTITY OF, ON THE SAID CERTIFICATE.

6. THE LAW IS AXIOMATIC ABOUT THE FACT THAT THERE CANNOT BE A CRIMINAL TRIAL AND CONVICTION, WITHOUT FIRST HEARING ORAL EVIDENCE FROM THE PARTIES; AND NEEDLESS TO ADD THAT THE SUPREME COURT IS NOT THE ARENA TO HEAR ORAL EVIDENCE.

7. CONVERSELY THEN CAN ATIKU INSTITUTE CRIMINAL PROCEEDINGS AGAINST TINUBU IN A REGULAR COURT OVER THIS ISSUE? YES,
ATIKU COULD HAVE BEEN ABLE TO INITIATE A PRIVATE PROSECUTION AGAINST TINUBU, AS IT IS OBVIOUS THE LAGOS STATE GOVERNMENT WILL NEVER PROSECUTE PRESIDENT TINUBU EVEN IF THE CERTIFICATE WAS FORGED. HOWEVER, AFTER GANI FAWEHINMI'S BOLD EFFORTS TO OBTAIN A FIAT TO PRIVATE PROSECUTION OF ALI AKILU AND TOGUN, OVER DELE GIWA'S DEATH IN 1986, THE LAGOS STATE GOVERNMENT HAD EXPUNGED THAT RIGHT FROM HER LAWS.

8. EVEN IF, FOR ACADEMIC PURPOSE, ATIKU OBTAINS A FIAT TO PRIVATELY PROSECUTE TINUBU IN A REGULAR COURT, THE QUESTION IS: WILL SAME HAVE JURISDICTION TO TRY SUCH A MATTER? THE CONSTITUTION HAS GIVEN PRESIDENT TINUBU (IMMEDIATELY HE WAS SWORN IN), IMMUNITY AGAINST ANY CIVIL OR CRIMINAL PROCEEDINGS AND THAT NO WRIT OR SUMMONS CAN BE SERVED ON HIM UNTIL AFTER THE EXPIRATION OF HIS FOUR YEAR TENURE. SO, NOTHING LEGAL CAN BE DONE TO REMOVE PRESIDENT TINUBU, EVEN IF HE FORGED THE SAID CERTIFICATE.

*QUO VADIS*
THE ISSUE AT STAKE IS PURELY LAW AND LAW ONLY! IT IS THUS NOT A SOCIAL MEDIA AFFAIR. THE LAW REQUIRES PROOF BEYOND REASONABLE DOUBT AND LAYS DOWN RULES AND PROCEDURES FOR THE ADMISSION OF EVIDENCE TO PROVE A MATTER. IF YOU FAIL TO STRICTLY FOLLOW THOSE RULES, AND ESPECIALLY IN AN ELECTION (A TIME- BOUND MATTER), YOU WILL LOSE YOUR CASE NO MATTER HOW GOOD SAME WAS OR IS.

THUS THE QUESTION ARISES AT THIS JUNCTURE, WHY DID ATIKU NOT PRESENT THIS CRUCIAL EVIDENCE FROM THE DATE THAT TINUBU SUBMITTED HIS FORM TO INEC. WHY WAIT TILL AFTER THE PEPT DELIVERED JUDGEMENT?

THAT 'CARSUS OMMISUS' (OR 'COSTLY OVERSIGHT') IS ATIKU'S SELF INFLICTED LEGAL NEMESIS. IT IS THEREFORE LIKELY TO BE A QUICK ONE FROM THE SUPREME COURT. A VERY QUICK ONE!

DISSEMINATION BY: DR MUDIAGA ODJE, SAN OFR, CENTRE FOR THE ADVANCEMENT OF THE RULE OF LAW.


Additionally,atiku introduced the forgery and also the citizenship case at the tribunal out of time so it is dead on arrival.
Secondly, according to rule2 (12) of the supreme court,there are three conditions for accepting new evidences
1) as at the time of the trial,the evidence could not have been available or was not in existence...(this settles the matter as the evidence could have even been gotten last year or long ago)

2) it must be necessary and cogent.
3) it must be incontrovertible ( obviously it is not incontrovertible)



Mynd44
Nplfmod
Fergie001
Nairalandkachy
Helinues
Yarimo
Generalpula
Generaldae
Okoroawusa
Silvertingue
Jrusky
Efewestern
Aiel123
Tutudesz
Donphilopus
Benuejosh
Vicdom
Vixlot
Naptu
Spy30
Soy360
Ifnobegod20
Coolambience
Kyase

DMerciful:
This is what the corrupt justices sent to your whatsapp group to be sharing so when they deliver similar judgement, it will conform to the narrative of certain part of the public

Can you actually fault this anslysis

aswani:
If this certificate issue is what IPOBidient's were saying Atiku knows about President Tinubu that will unseat him because they have shared dark secrets, then once again IPOBidient's are going to suffer some more heavy dissapointment (which that stiff necked group should be used to by now).

My prayer for President Tinubu is that he doesn't see how easy it has been to conquer the menace off Obidients and decide not to work hard for us as Nigerians as there is no opposition to keep him on his toes.

A clear well explained article by the SAN, thanks for sharing garfield1.

Most people esp dumbidients don't share your thoughts

greggng:
Doesn't dual citizenship amount to disqualification . You go explain tire ...

No not dual citizenship but voluntary acquisition of dual citizenship while renouncing your Nigerian citizenship.i can't get tired of explaining sense into dumbidients

Antoeni:
Supreme Court Should Not Forget Say
Men Mount Ooo

For where? So they should rule wrongly

fergie001:
This doesn't need any legal postulation.... The Supreme Court will return Tinubu and lambast the appellants for going on a circus show.


David Lyon's case is different. His case was pre-election and was well-marshalled from the "get-go".

A. The case of inconsistencies of names has been overtaken by recent Supreme Court Judgements. David Lyon's is no more obtainable today.

B. That was also the Electoral Act 2010, this is Electoral Act 2022. There is a slight distinction between a false affidavit and forgery. Even that of David Lyon wasn't forgery but false representation of his affidavit on his INEC forms.


These issues were not canvassed at the lower Courts. The onus is on the petitioner to prove beyond any reasonable doubts. You cannot ambush the other Party by bringing up fresh issues on Appeal at the Supreme Court.

Just maybe if these issues had some "teeth" at the pre-hearing stages, there might have been some success.

Again, whatever he has entered there has been over-taken by virtue of the fact that they are pre-election and fall under Section 29(5) of the Electoral Act.

Again, honorary citizenship grants neither rights nor privileges but is just a symbolic gesture.

Fergie001,why are you tormenting me na? Send me this thing na.

The Supreme Court is a court of public policy and not a court of technicalities.

It is not the policy of Nigeria to allow a certificate forger to remain as president!

garfield1:
Can you actually fault this anslysis

DMerciful:
The Supreme Court is a court of public policy and not a court of technicalities.

It is not the policy of Nigeria to allow a certificate forger to remain as president!

For tinubu to be removed,you must bring conclusive proof and you must do it on time and with the right procedures.atiku failed to do this

Why was Enugu gov not removed by the tribunal despite bringing NYSC?

garfield1:
For tinubu to be removed,you must bring conclusive proof and you must do it on time and with the right procedures.atiku failed to do this