CHICAGO-GATE: THE SUPREME COURT 0WILL ADMIT NEW EVIDENCE BUT.... -Prof Chris Mustapha Nwaokobia jnr

CHICAGO-GATE: SUPREME COURT WILL ADMIT NEW EVIDENCE BUT.....

Prof Chris Mustapha Nwaokobia jnr 

By Hon Emma Asie ANipr 

A foremost legal Practitioner and political analyst, Professor Chris Mustapha Nwaokobia jnr has expressed confidence that the Supreme Court will admit fresh evidence in the ongoing certificate saga involving President Tinubu but may not deliver judgement on it in the manner expected by Atiku Abubakar.

Prof Chris Mustapha Nwaokobia expressed this opinion when he featured as a guest on Political Heat, a public affairs program on Alpha Radio 106.5fm anchored by Emmanuel Asiegbunam Mr E on The Mic.

Recall that the PDP s presidential candidate Alhaji Atiku had approached the Supreme Court with fresh evidence of President Bola Tinubu's alleged certificate forgery with the intention of getting the Apex Court to upturn the judgement of the Presidential Election Petition Court which upheld Mr President's victory at the polls. Prof Nwaokobia explaining further clarified that though the Supreme Court is a Court of Policy and usually does not entertain fresh evidence for a case on appeal before it especially if those evidence were not in the judgement being appealed, however there are exceptional instances where the court can assume the role of a trial court and admit and adjudicate on fresh evidence going by section 22 of the Supreme Court Act. He cited the case of Sen Osita Izunaso vs Sen Hope Uzodinma and the PDP in 2011 in which the defence counsel of Sen Hope Uzodinma , Chief Wole Olanipekun, brought fresh evidence before the Supreme Court that led to the upturning of the judgement of the High court and Appeal Court. However, he was skeptical about the chances of obtaining a desirable judgement from the evidence due to the limits of time and the "Nigerian factor".

 

Prof Nwaokobia who is also the convener of COUNTRY First Movement, however insisted that should the Supreme Court refuse to admit the evidence or admit it and still goes to give unfavorable judgement on the matter, citizens will be encouraged to embark on what he called "citizen action, which is a passive non violent protest against the government".  Continuing he insisted "I am an apostle of passive and peaceful  revolution. But the Supreme Court should not take advantage of this passivism to mean cowardice "

Responding to some callers , Prof Nwaokobia insisted in the ongoing certificate saga involving Mr President, that Bola Tinubu was indeed guilty of certificate forgery and perjury since the issuing institution (the Chicago State University) has confirmed on oath that the certificate he presented to INEC was not issued by it. Furthermore going by Section 137 (1) J, that is enough grounds for automatic disqualification 

He lamented the implications and impacts of this saga on the country and her image abroad. Calling the whole incident a "National disgrace and embarrassment of international proportions" he further regretted that the whole saga has worsened Nigeria's already battered image in the international community and led to greater suspicions and distrust of any certificate and other academic documents emanating from Nigeria. 

He therefore called on the judiciary to live up to its billings as the "last hope of the common man" and save Nigeria s democracy by sacking and disqualifying Bola Tinubu from any presidential election and ordering a run-off between Atiku Abubakar and Peter Obi as the valid candidates with the next two highest votes at the polls as stipulated in section 134 (3) a & b of the 1999 constitution as amended. 

Hon Emma Asie ANipr (Mr E) writes from Nnewi in Anambra state and presents the public affairs phone in program  "Political Heat with Mr E" on Alpha Radio Nnobi 106.5fm

You can watch/listen to the live streaming of the interview on Facebook with this link

https://www.facebook.com/profile.php?id=100088686260445&mibextid=ZbWKwLh