Law
N19.3bn bail-out saga: Kogi makes good it’s threats, drags EFCC to court

***demands N35bn damages
The Kogi State Government has finally dragged the Economic and Financial Crimes Commission to court over unsubstantiated allegations that it fixed N19.3 billion bail-out funds received from the Federal Government.
This came as Justice J. Majebi of a Kogi State High Court also granted an interim injunction restraining the EFCC from issuing further official or unofficial publications over the issue involving a new generation bank (namewithheld) with Account No. 0073572696 or any other account purportedly belonging to Kogi State Government.
The Kogi State Government, Accountant-General of the State, Momoh Jibrin; and Commissioner for Finance, Budget and Economic Planning, Asiwaju Mukadam Asiru, were claimants in the suit, while the EFCC, a new generation bank and Central Bank of Nigeria were listed as defendants.
The state government is demanding:”the sum of N35 billion only as damages against the 1st defendant for the defamatory publication, titled, ‘Hidden N19.3 billion Kogi salary bailout funds returned to CBN’ made on November 19, 2021 on her Facebook page containing amongst others, false and unfounded allegations of N19.3 billion being returned from Kogi State bailout account, which portrays fraud and misappropriation of public fund against the claimant.”
The High Court granted the following:
“An interim injunction restraining the 1st Defendant/Respondents, its allies, agents, representatives, associates or whoever is acting for them or through them from doing anything either by way of publication or print or electronic media or issuing any official or unofficial publication in any print or electronic media, including online publication on its website or social media, both locally and internationally, with respect to the issues involving Account No. 0073572696 or any other account purportedly belonging to the 1st Claimant/Applicant domiciled with Sterling Bank Plc or any other bank registered and operating in Nigeria pending the hearing and determination of the Motion on Notice for interlocutory injuction.
“An interim injunction restraining the 1st Defendant/Respondent, its allies, agents, representatives, associates or whoever is acting for them or through them from doing anything either by inviting officials of the 1st Claimant or requesting for any document with respect to the issue involving Account No 0073572696 or any other account purportedly belonging to the 1st Claimant/Applicant domiciled with Sterling Bank Plc or any other bank registered and operating in Nigeria or otherwise relating to or pertaining to the affairs of the 1st Claimant whatsoever or its employees, appointees or associates pending the hearing and determination of the Motion on Notice for Interlocutory injuction.”
The Motion on Notice shall be heard on December 17, 2021, according to the Court.
The plaintiff asked the Court to declare that the publication by the EFCC containing, amongst others, false and unfounded allegations of N19.3 billion being returned was defamatory of the character of the Kogi State government.
The Kogi government asked for “an order of this Court compelling the 1st Defendant to, within 48 hours of the order of this Court, publish in three national dailies, a retraction of her frivolous allegations and also tender unreserved apology to the Claimant for the defamatory publication written against the Claimant.”
While asking the Court to declare the publication as “misconceived, wrongful, illegal, null and void”, the plaintiff also asked the Court to declare that the conduct of the 2nd defendant (Sterling Bank) was wrong, illegal, null and void in opening a fixed deposit account number 0073572696 and naming it Kogi bailout account without an application, request, authority or consent of the government.
The Kogi State government had earlier threatened to take the EFCC to Court if the commission failed to retract and apologise over statements it continually made in the media with the aim of disparaging the state.
Particularly, the government said it could not understand how the EFCC kept attributing an account number to the state even after Sterling Bank had written to explain that there was never a time it gave the bank the mandate to open the said account.
It said it was also alarmed by what it described as “the falsehood in the activities of the EFCC claiming that N20 billion bailout funds, belonging to Kogi State, was hidden in a fixed deposit account with the said bank, which surprisingly now has a balance of less than the fixed N20 billion even after allegedly being kept for some years.”
Culled from the Vanguard
Law
Chicago State University releases Tinubu’s academic records to Atiku

The Chicago State University was able to locate and produce three out of the four sets of documents requested concerning Mr Tinubu to Atiku.
The Chicago State University (CSU) has finally released the academic records of President Bola Tinubu to his pollical opponent, Atiku Abubakar, in line with an order of a United States court.
Atiku, the presidential candidate of the opposition Peoples Democratic Party (PDP) in Nigeria’s 25 February election, had requested the documents to back his allegation of forgery of CSU certificate against Mr Tinubu. It would mean Mr Tinubu was not qualify to run for the election, which he won, if the allegation is successfully proved against him.
The university, on Monday, presented to Atiku’s legal team, a cache of documents connected to Mr Tinubu’s education at the institution and copies of certificates with redacted names issued to other persons about the same time the Nigerian president finished from the school in 1979.
It also contained Mr Tinubu’s admission records, and a letter dated 27 June 2022 confirming that he attended the university from August 1977 and June 1979 majoring in accounting. The letter said Mr Tinubu was awarded Bachelors of Science in Business Administration with Honours on 22 June 1979.
PREMIUM TIMES reported that the District Court in Northern Illinois, had in its judgement delivered on Saturday, given the university up till 12 noon on Monday to deliver the documents to Atiku.
The judge, Nancy Maldonado, gave the other after dismissing Mr Tinubu’s objection in the judgement.
Ms Maldonando dismissed Mr Tinubu’s objection to the 20 September decision of a magistrate judge of the court, Jeffery Gilbert.
The judge fully affirmed Mr Gilbert’s ruling, ordering the CSU to release Mr Tinubu’s academic records as requested by Atiku. She insisted Atiku had the right to have access to the records.
Compliance
Complying with the court order on Monday, the university produced four sets of documents copies of which went viral online on Monday. Phrank Shuaibu, a spokesperson to Atiku, confirmed the documents as those received from the university to PREMIUM TIMES.
In a deposition detailing its compliance with the court order, the university confirmed it was able to grant three of Atiku’s four requests.
Responding to one of the requests it granted, the university said, “after diligent search”. it was able to locate and produce seven different certificates for Bachelor of Science degree it issued in 1979.
Atiku had apparently requested the documents to compare and contrast them with the one presented by Mr Tinubu as his for the 2023 presidential election.
The university also handed to Atiku’s team, documents relating to Mr Tinubu and certified by an official of CSU, Jamar C. Orr, a lawyer.
The university similarly produced, “after diligent search”, copies of three other diploma certificates issued to other students other than Mr Tinubu in 1979.
This was in response to Atiku’s request for “true and correct copies of any diplomas issued by CSU (other than to Mr Tinubu) that contain the same font, seal, signatures, and wording (other than the name of the recipient and the specific degree awarded)”. Atiku sought these documents to compare and contrast them with the one Mr Tinubu claimed to have obtained on or about 22 June 1979.
But the university said it was unable to locate “a copy of the original diploma it prepared for Mr Tinubu in 1979” as requested by Atiku.
This was the kernel of Atiku’s request which is at the heart of the issue he intends to use the documents for in his legal challenge of Mr Tinubu’s victory at the 25 February presidential election.
The university said it “does not in the ordinary course keep copies of student diplomas, and after diligent search cannot locate a copy of the original diploma it prepared for Mr. Tinubu in 1979, hence has no documents responsive to this request.”
Atiku’s battle with Tinubu
Atiku had asked for the documents for use in Nigerian courts to support his argument that Mr Tinubu forged a diploma certificate he claimed to have obtained from CSU in 1979 and submitted to Nigeria’s electoral body, INEC, for the 2023 presidential election.
This, Atiku argued, goes to the root of Mr Tinubu’s qualification to contest the last presidential election.
Although Atiku lost his case against Mr Tinubu at the Presidential Election Petition Court which delivered its judgement in early September, he hopes to reintroduce the issue backed with the documents from the CSU in his appeal which he is pursuing against the election court’s decision at the Nigerian Supreme Court.
Atiku had told the US district court that he had up till 5 October to file the documents from the CSU against Mr Tinubu at the Supreme Court in Nigeria.
Mr Tinubu mounted stiff opposition to the release of the documents to Atiku, arguing that “the Nigerian election proceedings and the Nigerian courts” had explicitly rejected the documents Atiku sought to obtain and tender in his case aimed at overturning the results of the 25 February presidential election.
Mr Tinubu’s second reason was that Atiku’s request “is unduly intrusive because it allows Applicant (Atiku) to conduct a fishing expedition into Intervenor’s private, confidential, and protected educational records.”
ut dismissing Mr Tinubu’s objection on Saturday, Ms Maldonado said she was only affirming Atiku’s right to have access to the CSU documents, not confirming the merit of his allegations against the Nigerian president or his comments on the validity of the country’s presidential election.
“In reaching this conclusion, the Court emphasises that it is expressing no view on the merits of Mr Abubakar’s underlying claims regarding President Tinubu or his graduation from CSU, or on the validity of the Nigerian election.
“Nor is the Court taking any position on what any of the documents or testimony from CSU may or may not ultimately show. The Court simply finds, on the narrow question before it, that Mr Abubakar is entitled to the production of documents and testimony that he seeks from CSU,” a summary of the judgement read in part.
Culled from Premium Times
Law
Tribunal sacks Gov Sule, declares David Ombugadu winner

The Nasarawa State Governorship Election Petition Tribunal sitting in Lafia, the state capital, has nullified the election of Governor Abdullahi Sule of Nasarawa state, declaring PDP’s David Ombugadu as the winner.
It also ordered the withdrawal of Certificate of Return issued to Governor Abdullahi Sule of the All Progressives Congress (APC) in the March 18 election.
The Independent National Electoral Commission (INEC) had declared Governor Sule winner of the election
Following the declaration, David Ubugadu of the Peoples Democratic Party (PDP) approached the tribunal to challenge his opponent’s victory.
Delivering the judgment virtually, Chairman of the tribunal, Justice Ezekiel Ajayi, declared Emmanuel Ombugadu of the PDP as the lawfully elected governor of Nasarawa State.
Reacting to the judgment, former Senate President Bukola Saraki tweeted, “I congratulate Hon. David Ombugadu of our great party, PDP, who has been declared the winner of the Nasarawa State Governorship election by the Nasarawa State Election Petition Tribunal. This judicial victory is a resounding affirmation of the people’s will, and it serves as a reminder that democracy is and must always be the bedrock of our nation.”
Law
CSU certificate Saga: Autonomy of US judiciary made Tinubu’s defeat possible

***says what he has been hiding for two decades is coming to light
Special Assistant on Public Communications, to former Vice President, Atiku Abubakar, Mr. Phrank Shaibu, has indicated that the alleged certificate scandals of President Bola Tinubu, which he has been concealing for over two decades, will soon come to light.
Shaibu attributed the Tinubu’s ultimate defeat at the Northern District of Illinois court to the independence of Judiciary of the United States of America for what he described as
Shaibu gave the indication while reacting to the order by Justice Nancy Maldonado for the Chicago State University to release all of Tinubu’s academic records to Atiku.
According to him, Tinubu had continued to evade justice since 1999 when the legendary human rights lawyer, Gani Fawehinmi (SAN), first blew the lid on his certificates scam.
Shaibu said rather than deliver justice on the merits of the case, judges had continued to give Tinubu victory based on technicalities, a development which had led to over 20 dubious victories.
He noted that it was unfortunate that the Nigerian judiciary had failed to live up to expectation as the last hope of the common man.
Shaibu said, “Justice Maldonado who has spent less than one year on the bench and who sat on this case for barely a month, has been able to do what the Nigerian judiciary could not do for 23 years. This explains why the Nigerian society is on the brink of slipping into the state of nature, which Thomas Hobbes described as short, brutish, and nasty.
The Atiku aide berated Tinubu’s lawyer and former National Legal Adviser of the All Progressives Congress, Babatunde Ogala, for describing the US court victory as of no consequence.
Ogala had also compared the victory to masturbation, insisting that the judgement would have no consequence on Atiku’s appeal against Tinubu’s victory at the Supreme Court.
However, Shaibu, who described Ogala as a legal and intellectual Lilliputian, asked the Head of Tinubu’s Legal Team to bury his face in shame.
He said, “Ordinarily, we would not have responded to the words of a legal Lilliputian who has never won any landmark case in court and whose growth in the legal field is tied to the apron strings of a Chicago Bagman. However, the truth needs to be said for the sake of posterity.
“Louis Brandeis, US Supreme Court Judge may have had Ogala in mind when he wrote “…about the wickedness of people shielding wrongdoers and passing them off (or at least allowing them to pass themselves off) and then proposed a remedy that “_If the broad light of day could be let in upon men’s actions, it would purify them as the sun disinfects.”
“It is unfortunate that Ogala glorifies technicality instead of justice. Ogala claimed that the victory was meaningless. So, why did his principal try to block the release of his credentials if he had nothing to hide? Why did he also appeal the initiatial judgment?
“The Bible says only the wicked runs when no one chases them. Why has Tinubu been blocking the release of his academic records for nearly 30 years?”
The Atiku aide further said Ogala’s outburst was based on his alleged desperation to receive an appointment from Tinubu, having failed to make the cabinet.
Shaibu equally said, “Ogala was lobbying to be the Attorney-General. He believed it was his birthright after defending Tinubu in court on several occasions.
“However, having only received the title of senior advocate two years ago without any remarkable or landmark cases under his belt, Tinubu opted for the more experienced Lateef Fagbemi.
“Since then, Ogala has been trying to ingratiate himself to Tinubu and is now standing logic on its head just to please his master. How pathetic!”
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