The D37, a socio-political group composed of members of the family, friends, and political associates of the EZOMO of Weppa Wanno Kingdom, late High Chief, Dr. Raymond Anthony Aleogho Dokpesi, founder of DAAR Communications has called on the Supreme Court to give justice to Presidential Candidate of the Peoples Democratic Party-PDP, Alhaji Atiku Abubarkar.
The group in a press statement jointly issued by Sen. Victor Kassem Isa Oyofo, Chairman and Dr. Adum, Ter Alex, Secretary, titled “H.E Alhaji Atiku Abubarkar, GCON:The Beacon of Our Constitutional Law and Democracy” also said “certificates as a matter of general practice and convention don’t admit abbreviations, except the Bola A. Tinubu certificate, which further makes the case even more curious.”
The D37 urged the Court to invoke its powers under THE SUPREME COURT RULES ORDER 2 Paragraph 12 subparagraph 1-3, which states that:-
(1) A party who wishes the Court to receive the _*evidence of witnesses (whether they were or were not called at the trial)*_ or to order the _*production of any document, exhibit, or other thing connected with the proceedings*_………shall apply for leave on notice of motion prior to the date set down for the hearing of the appeal.
(2) The application shall be supported by an affidavit of the facts on which the party relies for making it and of the nature of the evidence or the document concerned.
(3) _It shall not be necessary for the other party to answer the additional evidence intended to be called,_ but if leave is granted, the other party shall be entitled to a reasonable opportunity to give his own evidence in reply if he so wishes.
They emphasized that “This the court will do by reversing the technical judgement of the PEPT that failed to do substantial justice and consider the ultimate good of our democracy and the judiciary by doing substantial justice in this case by admitting the relevant piece of evidence to resolve an over 40 years buzzle that has troubled our body polity and democracy.”
The group further described Atiku Abubarkar as a beacon of hope “who has used his political struggles to achieve landmark constitutional locus classicus to strengthen and enhance the survival of our democracy.”
” A sample of these constitutional cases include:-
I .AGF V. Atiku Abubakar, which reinforced the inseparability of the joint presidential ticket and denied the president and governors the powers to remove the vice president and deputy governors from office. This the only reason the arbitrary removal of the Vice President and Deputy Governors has not become the norm in Nigeria, even though they still remain an endangered species under our current constitutional democracy
II. Atiku Abubakar V. INEC, which settled the jurisprudence on the powers of the electoral management body (INEC) to disqualify candidates for election.
“The corpus of all these cases are published in a book ” *Landmark Constitutional Law Cases 2004 – 2007: THE ATIKU ABUBAKAR CASES”* edited by Professor Maxwell Gidado.”
They commended “Magistrate Judge Jeffrey T. Gilbert, Judge Nancy Madonaldo and the entire American judiciary for the didactic, very erudite, and timely judgements delivered in respect of the Atiku Abubakar case against the CSU for a subpoena for discovery.”
The text of the press release is reproduced below;
*H.E ALHAJI ATIKU ABUBAKAR, GCON: THE BEACON OF OUR CONSTITUTIONAL LAW AND DEMOCRACY.*
BEING TEXT OF A PRESS RELEASE BY THE D37.
1. The D37 is a socio-political group composed of members of the family, friends, and political associates of the *EZOMO of Weppa Wanno Kingdom*, late High Chief, Dr. Raymond Anthony Aleogho Dokpesi, *(DAAR)*.
2. As a group convened by DAAR who was a close associate of the *Waziri Adamawa* H.E Alhaji Atiku Abubakar, GCON, former Vice President and presidential candidate of the People’s Democratic Party (PDP) in the 2023 general elections, we salute H.E Atiku Abubakar, GCON our principal over his resounding victory in the United States of America District Court of Illinois, CORAM *Nancy Madonaldo J.*
3. We like H.E Atiku Abubakar, GCON also firmly believe in the supremacy of the rule of law, dogged and resolute pursuit of justice for all and a true Nigerian federation where only the best of us should rule in accordance with the true tenets of democracy and clean politics as equally espoused by our late leader DAAR. It is therefore a thing of joy to us, that with the culmination of the court cases in America, it is today, manifestly evident, that Alhaji Atiku Abubakar, GCON stands tall as our only beacon of hope to the realization of these ideals.
4. The Waziri Adamawa has indeed always been a dogged, resolute, and valiant fighter for democracy and justice. His victory in the United States Court therefore didn’t come to us as a surprise. A peep into the political life of the Waziri in the last three decades shows the trajectory of a man who has used his political struggles to achieve landmark constitutional locus classicus to strengthen and enhance the survival of our democracy. A sample of these constitutional cases include:-
I .AGF V. Atiku Abubakar, which reinforced the inseparability of the joint presidential ticket and denied the president and governors the powers to remove the vice president and deputy governors from office. This the only reason the arbitrary removal of the Vice President and Deputy Governors has not become the norm in Nigeria, even though they still remain an endangered species under our current constitutional democracy
II. Atiku Abubakar V. INEC, which settled the jurisprudence on the powers of the electoral management body (INEC) to disqualify candidates for election.
The corpus of all these cases are published in a book ” *Landmark Constitutional Law Cases 2004 – 2007: THE ATIKU ABUBAKAR CASES”* edited by Professor Maxwell Gidado
5. It is therefore not a surprise to us that the *Waziri Adamawa* has pursued justice to strengthen and enhance our democracy even beyond the shores of Nigeria, by taking the battle to unmask the identity and educational qualification of the man who calls himself “Bola Ahmed Tinubu” and parades a purported “First Class Degree” in Accounting, obtained from the Chicago State University (CSU).
6. A claim, which for over 40 years has been a subject of public disputations because of the detection of inconsistencies and outright forgeries in all documents he has presented to support his claims from certificates to affidavits and oral accounts.
7. Like the third term buzz, which H.E Atiku Abubakar, GCON, as the then incumbent Vice President, championed its stoppage by teaming with the National Assembly and other compatriots. It is our conviction that, the struggle to unmask the Tinubu twilight, which was first taken up by the late social justice and anti corruption crusader Chief Gani Fawehinmi, SAN and his then protege Festus Keyamo, who has since been silenced by stomach infrastructure may have come to its day break, courtesy of *Alhaji Atiku Abubakar, GCON. The Monolith of Nigeria’s Constitutional Law and Democracy* .
8. We commend *Magistrate Judge Jeffrey T. Gilbert, Judge Nancy Madonaldo* and the entire American judiciary for the didactic, very erudite, and timely judgements delivered in respect of the Atiku Abubakar case against the CSU for a subpoena for discovery.
9. The two judicial officials and the American judiciary at large have clearly demonstrated that the judiciary is indeed the last hope of the common man and that time is of the essence in justice delivery. For as the legal maxims goes, “justice delayed is justice denied.” And ‘where there is an injury, there must be a remedy” (Ibi Jus, Ibi Remedium).
10. We further note the attention to duty by CSU, it’s preparation of the documents requested and assurances of cooperation in executing the orders of the court, to certify and release the academic records of the Bola A. Tinubu, who attended the university to H.E Atiku Abubakar. It is, however, pertinent to note that, certificates as a matter of general practice and convention don’t admit abbreviations, except the Bola A. Tinubu certificate, which further makes the case even more curious.
11.We are optimistic that the Supreme Court as the Apex Court of the country, will challenge itself and deepen the body of available case law, by redirecting the electoral experience of the 2023 general elections as well as barring the wave of unconstitutional overthrows arising from civil discontent with the mismanagement of the conduct of elections and it’s fallouts else where in West Africa.
12.This the court will do by reversing the technical judgement of the PEPT that failed to do substantial justice and consider the ultimate good of our democracy and the judiciary by doing substantial justice in this case by admitting the relevant piece of evidence to resolve an over 40 years buzzle that has troubled our body polity and democracy.
13. To this extent, we further urge the Court to invoke its powers under THE SUPREME COURT RULES ORDER 2 Paragraph 12 subparagraph 1-3, which states that:-
(1) A party who wishes the Court to receive the _*evidence of witnesses (whether they were or were not called at the trial)*_ or to order the _*production of any document, exhibit, or other thing connected with the proceedings*_………shall apply for leave on notice of motion prior to the date set down for the hearing of the appeal.
(2) The application shall be supported by an affidavit of the facts on which the party relies for making it and of the nature of the evidence or the document concerned.
(3) _It shall not be necessary for the other party to answer the additional evidence intended to be called,_ but if leave is granted, the other party shall be entitled to a reasonable opportunity to give his own evidence in reply if he so wishes.
14. Once this is done, the judicial evaluation of the relevant pieces of evidence emanating from CSU would be possible, and the court can then decide one way or the other. In this way, justice would not only be done, but it would be manifestly seen to have been done.
15. This is the only way to put this lingering identity and certificate forgery crisis to rest. An issue, which lowers the esteem of the Office of the President of the Federal Republic of Nigeria as currently occupied by the man dogged by the controversy, which diminishes Nigeria’s image in the comity of nations.
16. We call on all Nigerian patriots, home and in the diaspora to rise up to this one momentous occasion and demand that the right thing be done by our judiciary to save this democracy, which we all fought the military and delivered at the price of our collective sweat and blood, including payment of the supreme price by many such as the late *Gen. Shehu Musa Yar’ Adua*, *High Chief Dr Raymond Anthony Aleogho Dokpesi* , (who died on 29th May 2023) and many other compatriots too numerous to mention.
**May their deaths for a good cause not be in vain.*
*
God bless the Federal Republic of Nigeria;
The Nigerian Supreme Court;
The American Judiciary;
HE. Alhaji Atiku Abubakar, GCON;
The Deseased Soul of High Chief, Dr. Raymond Anthony Aleogho Dokpesi; EZOMO and;
D37.
*Sen Victor Kassem Isa Oyofo.*
CHAIRMAN
*Dr. Adum, Ter Alex*
SECRETARY
