Tinubu CSU Saga: A human rights lawyer and former Vice President, Nigerian Bar Association (NBA), Dr Monday Ubani, has reacted to the ongoing certificate saga following the release of Bola Tinubu’s academic records by Chicago State University (CSU).
Parallel Facts earlier reported Tinubu’s academic documents were released on Monday, October 2, following the order by an Illinois court which ordered the varsity to release the academic records as requested by Abubakar Atiku, who is the Peoples Democratic Party candidate in the February 25, 2023, presidential election.
Reacting, Ubani in an exclusive interview with Parallel Facts on Wednesday, said the CSU’s evidence can be admitted by Supreme Court if the standard of proof by the petitioner (Atiku) is beyond reasonable doubt.
“What I know about admissibility of fresh evidence is that ordinarily, the appellate court does not admit fresh evidence except on very exceptional grounds.
“If the fresh evidence you are introducing at the appellate court was available to you when you filed the case at the lower court, then you cannot bring in any application for leave. If you do bring it, it will be rejected because the court cannot exercise its discretionary power in your favor. It is a power that must be exercised judiciously and judicially.”
He added; “So if you didn’t bring it when you were supposed to bring it, when as at the time you filed your case, it was available, then you cannot bring it thereafter. You are stopped from coming up with that fresh evidence in the appellate court.
‘If it becomes available after the case has been concluded, then you cannot say that it was available at the time you were conducting the case at the lower court.
“So with leave, it can be admitted. But you have to convince the court that that piece of evidence wasn’t available to you at the time you conducted the trial at the lower court. So that is one.
“Then let’s go beyond admissibility now. What is the probative value of that document? We need to analyse it. Is it being admitted for what purpose? That again, we have to know what they want to do with it.”
The Lagos-based lawyer also said forgery is a ground by which a sitting president can be removed from power, quoting Section 137 of the 1999 Constitution to back his assertion.
“You have to prove that particular certificate is actually forged. And that standard of proof is no longer going to be civil and the balance of probability is going to be beyond doubt.
“As I said earlier, there must be an establishment of forgery. If you don’t establish it, then there’s going to be a problem.
“So the evidence must be tendered that this is original and this is fake. The school must give you evidence of what constitutes original of their diploma. Because what they tender that I remember is not is not a degree but diploma. That’s an issue that will come up (at the Supreme Court).” #Tinubu
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