Law
Chicago State University: Tinubu has something to hide – Atiku
The Counsel representing the interest of the Peoples Democratic Party (PDP) presidential candidate, Atiku Abubakar in his quest to unravel the controversy around the educational qualifications of President Bola Tinubu has said that they are puzzled by Tinubu’s “vigorous opposition” to a request asking the Chicago State University to make open disclosure about the matter.
Atiku’s lawyer, Liu Angela, Wednesday said she had sent an email to Tinubu’s lawyers asking for their cooperation in asking the Chicago State University about documents that are already in the public domain, which have been submitted in proceeding in the Nigerian court.
According to her, the email, which was sent on August 3, 2023 is requesting, “to learn CSU’s position on whether, how, and when they were provided to other Nigerian litigants, and CSU’s position on the authenticity of the documents.”
According to Ms Angela, “Mr. Tinubu should have been keen to clear up any inconsistencies in his academic achievements and set the records straight by allowing the expedition of the legal process.
“If there is an explanation for the discrepancies we have identified, we would think that Mr Tinubu would be eager to provide it. If you would like to provide an explanation to us, we are happy to consider it. That might preclude the need for, or at least expedite the deposition,” the lawyer said.
Atiku has thus, through his lawyer, expressed a willingness to cooperate with Mr Tinubu’s legal team to shut down controversies surrounding the president’s credentials.
But rather than extend the same cooperation to Atiku’s lawyer, the team representing Tinubu has vehemently opposed all initiatives aimed to setting the records straight about Tinubu education claims at the Chicago State University.
Ms. Angela thus stressed that Mr Tinubu’s adamant refusal to grant them access to his school records has only fuelled suspicions and suggested that he has something to conceal.
“In candour, the vehemence of Mr Tinubu’s opposition to this discovery is increasing rather than mitigating our suspicions,” Mr Angela asserted.
The lawyer representing Atiku further noted disappointment about how Tinubu is frustrating and stalling the entire judicial process.
She explained that Tinubu had been advised to join the case earlier since the applicant would not oppose the request, but that he chose to remain silent and waited until Atiku’s team had submitted an ‘Order Directing Discovery’ of his academic records in court before expressing an interest in joining the suit.
Then, “Mr Tinubu turned around a week later and headed straight to the States District Court for the Northern District of Illinois to apply to join as previously advised without consulting with Mr Abubakar, perceived as a devious delay gimmick.
“At the outset, Applicant emphasizes that he does not oppose the Motion, but questions why Mr Tinubu filed it, instead of contacting and coordinating with Applicant’s counsel to submit a joint submission,” Ms Angela wrote in her response to Mr Tinubu’s motion to join on August 4.
“Thus, on July 27, 2023, almost a week prior to filing the application, counsel for applicant advised counsel for Mr Tinubu and CSU that applicant intended to file the application and that he was “willing to stipulate to Mr. Tinubu’s intervention in the Section 1782 federal action,” Mr Abubakar’s lawyer told the court.
The discretion by the Tinubu’s team is further fueling optimism in the Atiku’s team that the academic records would support his case against Mr Tinubu at the presidential elections petitions tribunal to prove that President Tinubu may have falsified his credentials and should be disqualified.
The Economic and Financial Crimes Commission, (EFCC) has indicated it will on Thursday, April 18, 2024 arraign a former governor of Kogi State, Yahaya Adoza Bello before a Federal High Court sitting in Abuja.
The antigraft agency said Bello will be arraigned before Justice Emeka Nwite alongside three other suspects, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19- count charges bordering on money laundering to the tune of N80, 246,470, 088.88
The arraignment is being perfected following a warrant of arrest and enrolment order granted the EFCC by the court on Wednesday, April 17, 2024.
Count one of the charges reads: That you, Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu( Still at large), sometime, in February, 2016, in Abuja within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of N80, 246,470, 088.88 which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering ( Prohibition) Act, 2011 as amended”.
Count 17 of the charges read: “That you Yahaya Bello between 26th July 2021 to 6th April 2022 in Abuja within the jurisdiction of this Honourable Court aided E-Traders International Limited to conceal the aggregate sum of N3081,804,654.00( Three Billion, Eighty One Million Eight Hundred and Four Thousand Six Hundred and Fifty Four Naira) in account number 1451458080 domiciled in Access BankPlc, which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a), 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act.
Count 18 of the charges reads: “That you Yahaya Adoza Bello sometime in November 2021 in Abuja within the jurisdiction of this Honourable Court indirectly procured E-Traders international Limited to transfer the aggregate sum of $570,330.00( Five Hundred and Seventy Thousand , Three Hundred and Thirty Dollars) to account number 4266644272 domiciled in TD Bank, United States of America which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act”.
“The Commission’s attempt to execute the Warrant of Arrest lawfully obtained against Bello met stiff resistance on Wednesday, April 17, 2024. The security cordon around the former governor’s residence in Abuja was breached by the current Governor of Kogi State, Usman Ododo who ensured that the suspect was spirited away in his official vehicle.
“As a responsible law enforcement agency, the EFCC exercised restraint in the face of the provocation, waiting for his arraignment on Thursday, April 18, 2024.
“It is needful to state that Bello is not above the law and would be brought to justice as soon as possible.”
Yhe Kano State High Court has granted an ex parte order restraining the National Chairman of the All Progressives Congress (APC), Abdullahi Ganduje, from parading himself as a member of the party.
The court ordered that Ganduje must refrain from presiding over all affairs of the National Working Committee of the APC.
The application waa said to have been granted by Justice Usman Na’abba on Tuesday, following an ex parte motion filed by Dr. Ibrahim Sa’ad on behalf of two executive members of Ganduje’s ward, Dawakin-Tofa Local Government Area, the Assistant Secretary, Laminu Sani and Legal Adviser, Haladu Gwanjo (plaintiffs), who were part of the nine ward executives who suspended Ganduje on Monday.
The court directed the four parties (respondents) joined in the matter, including the APC, NWC, APC Kano State Working Committee, and Ganduje, to henceforth, maintain status quo ante belum as of April 15th,2024 pending the hearing and determination of the substantive suit on April 30th 2024
Justice Na’abba, also held as prayed, stopped State Working Committee APC Kano from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by a two-thirds majority of the executives as provided by the party constitution.
The ex parte order read,, “An order is hereby granted directing all parties in the suit APC (first), APC National Working Committee (second), Kano State Working Committee APC (third), Dr. Abdullah Umar Ganduje (fourth), to maintain status quo ante belum as of April 15, 2024.
“The order thereby restraining the first respondent (APC) from recognising the fourth respondent (Ganduje) as a member of APC and prohibiting the fourth respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legally and validly decision of the ward executives of Ganduje ward.
“That the fourth respondent (Ganduje}is prohibited from parading himself as a . member of APC or doing any act that may _ portray him or seem to be a member of APC pending the hearing and determination of the
substantive suit.”
Nine members of the Ganduje ward proclaimed the suspension of the National Chairman of the APC over the allegation of corruption slammed on him by the Kano State Government.
The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of the AP from the National chairman’s polling unit.
in the petition, Adamu complained over allegations of corruption charges against the
former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party and the implication on President Bola Tinubu’s fight against corruption.
Although the chairman and secretary of the ward failed to act on the petition filed en April 8, 2024, nine members of the executives, led by the legal adviser, acted upon the petition, a decision that led to Ganduje’s suspension.
Justice Obiora Egwuatu at the Federal High Court in Abuja has dismissed a Suit filed by Agunloye in June 2023 to restrain EFCC from harassing him and breaching his fundamental rights because of the ongoing International Arbitration on Mambilla Power Project
The points made by Agunloye in the Civil Suit which had dragged for over nine months had become irrelevant or expired in reality because the EFCC, the Respondent, had, while the case was in progress, declared Agunloye wanted, detained him, maltreated him in detention.
The antigraft agency also arraigned him before another court and remanded him in prison until the court granted him bail.
The court under Justice Egwuatu, however, did not consider the merits of the case largely on the ground that EFCC has the power to carry out its statutory duties and can not be stopped by the Court. On this basis, Justice Egwuatu dismissed the suit and awarded costs.
Agunloye’s lawyers have expressed preparedness in respect of the appeal considering that the court admitted basing its ruling on the suit being “an attempt to use the instrumentality of the Court to shield the Applicant from criminal investigation and to interfere with the statutory authority of the Respondent to investigate crimes or allegations of same in line with the EFCC Act.”
It is believed that the duties of EFCC must be performed in accordance with the law, and the court has the powers to stop any infraction by the EFCC in the course of performance of its duties. Such does not amount to interference with the statutory duties of EFCC but a legal checkmate of its powers to deter likely abuse.
With the Agunloye heading to
appeal against the Judgement, the case is far from being over, and the Court of Appeal will take the opportunity to look at the case extensively.
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