Why Tinubu Will Triumph in Supreme Court – ‘Chicago or No Chicago’ | By Adeniyi Olowofela

 

There has been a social media frenzy surrounding President Bola Tinubu’s Chicago State University (CSU) certificate saga, similar to the controversy surrounding his alleged failure to secure 25% of the votes in the Federal Capital Territory (FCT) during the Presidential Election Petition Tribunal (PEPT), which has since been resolved.

In any election dispute brought before a court, the outcome hinges not on media sensationalism but on the application of the law and sound reasoning.

The disagreement raised by the People’s Democratic Party (PDP) presidential candidate and former Vice President, Atiku, regarding President Tinubu’s electoral victory, has found its way to the Presidential Election Tribunal, where a favourable ruling has been issued in Tinubu’s favour.

The subject of contention has now been taken to the Supreme Court for further examination. The role of the Supreme Court is to assess whether the appellate court has dealt with the matter justly and judiciously.

It’s essential to note that the recent issue concerning CSU’s certificate was not a point of contention during the Presidential Election Petition Tribunal (PEPT) proceedings and, as such, is not under consideration by the Supreme Court.

Former Vice President Atiku may find it challenging to introduce new evidence (“discovery”) at this stage, as the intention may be more to influence public opinion than to seek a legal victory at the Supreme Court.

Forgery is a criminal offense that requires rigorous proof beyond a reasonable doubt. Typically, such cases are first addressed in lower courts, where witnesses can be called and individuals can be cross-examined, as is possible in the Presidential Election Petition Tribunal (PEPT).

Bringing this matter before the Supreme Court at this juncture would pose a legal challenge for Atiku’s legal team.

In the legal process, a criminal proceeding usually starts at a lower court and can potentially reach the Supreme Court, but the reverse order is not the norm.

Should Atiku’s case not succeed in the Supreme Court, and the CSU certificate matter is dismissed, it could have lasting consequences for his ability to pursue this issue in any other court in the future.

Tinubu currently serves as the President of Nigeria, and if the Supreme Court upholds the PEPT’s ruling during his presidency, he cannot be legally pursued on this matter again during his tenure.

Furthermore, presidential tenures are typically four years in the first instance, such as 2003-2007. If Tinubu seeks re-election in 2007, the issue of CSU’s certificate cannot be raised again since he would be running as a sitting president, and the certificate issue would have been legally settled, except in the court of public opinion.

We await the judgment of the highest court in the land, the Supreme Court, to determine the fate of ‘Chicago or No Chicago.’

 

Professor Adeniyi Olowofela, Commissioner representing Oyo State at the Federal Character Commission (FCC) and a Member of the Police Recruitment Board (PRB), writes from Abuja.”