Today, I feel a profound sadness as I receive the news of the passing of a mentor and an extraordinary man, Professor Ben Nwabueze, SAN.

His departure leaves another void in my world, and I cannot help but gather my thoughts to pay tribute to his remarkable life, his immense contributions, and the profound impact he had on the legal profession, Nigerian society, and the entire world as a whole.

Professor Ben Nwabueze was not merely an attorney or an academic; he was a force of nature—a versatile attorney, a cerebral academic, an authority, and a Professor of Professors in constitutional law.

His brilliance and expertise in his field were unparalleled, making him a colossus among his peers. His deep understanding of the intricacies of the law and his unwavering commitment to justice were the hallmarks of his illustrious career.

I had the privilege of crossing paths with Professor Nwabueze as an undergraduate at the University of Jos, where I came across some of his works. I instantly became his shadow mentee without any introduction or prompting.

His works greatly influenced me, to the point where I breathed and spoke of his indelible thoughts and teachings. However, I had a near falling out with him during the reign of President Goodluck Jonathan. I vividly recall the moment when he made a suggestion, calling for a Kamal Ataturk-like revolution in Nigeria. In my youthful enthusiasm, I demanded that he be sanctioned for his audacity as I can't juxtapox his various thesis in constitutionalism to his new found application of Ataturk Revolution to resolve Nigeria issues.

However, it was Chief E.K. Clark who reprimanded and brought me back from my wilderness, revealing that Professor Nwabueze had been his lecturer in London. It was a powerful reminder of the profound respect and admiration that his peers and student held for him—a testament to his intellectual prowess and his enduring impact on the legal community.

One of the indelible moments etched in my memory is Professor Nwabueze's appearance at the 2019 Presidential election tribunal in a petition between Alhaji Atiku Abubakar and Gen Muhammadu Buhari. Despite his frailty, he made a surprise entrance, seated in a wheelchair. It was a poignant and powerful sight—a symbol of his unwavering dedication to upholding justice, even in the face of personal challenges. His presence in that courtroom spoke volumes about his commitment to the principles he held dear and his resolute belief in the power of the law to create a just society.

Professor Ben Nwabueze's influence extended far beyond his legal career. Born on December 22nd, 1932, in Atani, Ogbaru Local Government Area of Anambra State, his academic journey began at a young age. He pursued his education with diligence and determination, attending renowned institutions such as the London School of Economics and Political Science and the School of Oriental and African Studies, University of London. He excelled in his academic pursuits, earning his Doctor of Laws (LL.D) at the University of London in 1978, becoming the second Nigerian and African to hold a higher doctorate degree in Law based on published works.

Throughout his illustrious career, Professor Nwabueze authored over thirty books and treatises, covering a wide range of legal subjects. His publications, including "Constitutionalism, Presidentialism, and Judicialism," became essential references in the legal community, and his scholarly contributions shaped the discourse on constitutional law in Nigeria. His dedication to publishing and his commitment to sharing his knowledge and insights were unparalleled.

Beyond his academic achievements, Professor Nwabueze was actively involved in university administration, serving in various leadership roles in universities across Nigeria and beyond. He held professorial chairs in esteemed institutions and played a pivotal role in shaping the educational landscape of the country. His impact as a teacher and mentor cannot be overstated, as he inspired countless individuals to pursue careers in law and to embrace the pursuit of knowledge as a lifelong endeavor.

Professor Ben Nwabueze's commitment to the Igbo cause was unwavering. He co-founded Ohaneze Ndigbo, a non-partisan Pan Igbo pressure group, and served as its Secretary-General for over two decades. His advocacy for the rights and welfare of the Igbo people earned him the respect and admiration of many. He was a true patriot, dedicated to the advancement of his people and the unity of Nigeria as a whole.

Today, as I reflect on the remarkable life of Professor Ben Nwabueze, I salute him as an academic giant, a legal luminary, and a true role model. His contributions to the Nigerian legal system and his tireless efforts to promote justice and constitutionalism will forever be remembered. His legacy will continue to inspire generations of lawyers, academics, and advocates for years to come.

I humbly extend my deepestcondolences to Professor Nwabueze's family, friends, and colleagues during this difficult time.

May his soul rest in eternal peace, knowing that he has left an indelible mark on our hearts, our legal system, and our nation. Farewell, Professor Ben Nwabueze, SAN, a true titan of the law and a beacon of wisdom.

The attention of the Abia PDP has been drawn to a statement credited to Alex Otti during a recent media chat wherein he was quoted as saying, among other things, that “Ikpeazu spent N10bn on Port Harcourt Road without working on it. The only achievement was breaking people's houses".

This statement represents a new low in the execution of Alex Otti's agenda of running his government via propaganda and does not present any fact regarding the Port Harcourt Road Aba project that was started by the Ikpeazu administration.

In order to put an end to the above falsehood and other lies being propagated by Otti and his administration to deceive gullible members of the public we hereby propose that an independent technical verification panel that would include engineers from the federal ministry of works, from the Otti and Ikpeazu administrations as well as certified project auditors be established to verify the following:

1. That the Port Harcourt Road was awarded to HARTLAND NIG LTD, at the cost of #9,882,752,246.4 (Nine Billion, Eight hundred and Eighty Two Million, Seven Hundred and fifty Two Thousand, Two Hundred and Fourty Six Naira Fourty Kobo) only.

2. That the total length of the road awarded for dualization in 2017 is 5.9km.

3. That the Ikpeazu administration implemented a total of 13.5km of drains (representing both sides of the road) along the road through Hartland Construction Company that was awarded the original contract.

4. Review and verify documents showing how much the Ikpeazu administration paid so far to Hartland Construction Company in lieu of the project.

5. Ascertain if the dredged Umuagbai and Uratta ponds to receive storm water from Port Harcourt Road is still standing or not.

6. Ascertain and publish the scope of the current more than N30bn work awarded to Julius Berger without due process and competitive bidding as well as budgetary approval by the State House of Assembly if any.

7. Ascertain and publish the relevant designs and cost of contract awarded by the Ikpeazu administration as well as work already done and the design and scope of the over N30bn project awarded to Julius Berger by Alex Otti.

8. Measure and confirm the total length of the road from Ngwa Road junction to Asa Nnentu Junction.

For the avoidance of doubt, the Ikpeazu administration never spent anything near the Otti propaganda sum of N10bn on the 5.9km Port Harcourt Road, Aba and we challenge Otti to
publish documentary proof of his false claims or forever hide his face in shame for consistently trying to deceive the people of the state and country with false claims.

We continue to wonder why a government will prefer to embark on constant falsehood with so much audacity rather than focus on delivering on dividends of democracy to the people as it promised during election campaigns.

The good people of Abia are at liberty to go to the site and see the drainage or check the Umuagbai and Uratta works and also confirm the earth works done from Uratta Junction to No. 1 Port Harcourt Road section of the road. Even videos produced by the propaganda team of Alex Otti when they visited the road in April 2023 showed the drains and other works done, yet the Governor was not restrained by these facts to tell such brazen lies before journalists that have also visited the place at different times.

Furthermore, we challenge Alex Otti to make available the humongous "compensation" purportedly set aside in the Julius Berger version of the project to the affected people rather than attempt to pocket same.

If Otti does not accept our challenge of setting up an independent technical panel to ascertain the state of the project, let it be known that every word uttered by the Governor and his team should never be believed by any reasonable person who is interested in facts and not farce.

We call on the good people of Abia to disregard to tissues of lies bandied around by Alex Otti and his media team concerning the Port Harcourt Road project and understand that the project had been 40 per cent delivered by the Ikpeazu administration.

PDP - Power to the People!

Signed

Hon. Elder Abraham Amah

Abia PDP Vice Chairman/Acting State Publicity Secretary

Being text of a World Press Conference on the Presidential Election Petition Judgement by Atiku Abubakar, GCON, Waziri Adamawa, former Vice President of Nigeria (1999-2007) and Presidential Candidate of the Peoples Democratic Party in the 2023 Election, at the PDP Headquarters in Abuja on Monday, 30th October, 2023.

Protocol.
Gentlemen of the Press.
Someone asked me what I would do if I lost my election petition appeal at the Supreme Court. In response, I said that as long as Nigeria wins, the struggle would have been worth the while. By that, I meant that the bigger loss would not be mine but Nigeria’s if the Supreme Court legitimizes illegality, including forgery, identity theft, and perjury.

If the Supreme Court, the highest court in the land, implies by its judgment that crime is good and should be rewarded, then Nigeria has lost and the country is doomed irrespective of who occupies the Presidential seat. If the Supreme Court decides that the Electoral umpire, INEC, can tell the public one thing and then do something else in order to reach a corruptly predetermined outcome, then there is really no hope for the country’s democracy and electoral politics.

Obviously, the consequences of those decisions for the country will not end at the expiration of the current government. They will last for decades. I am absolutely sure that history will vindicate me. We now know what the Supreme Court has decided.

At critical points in my political life, I always ignored the easy but ignoble path and chosen the difficult but dignified path, the path of truth, of morality, of democracy and rule of law.
I always chose freedom over servitude, whatever the personal discomforts my choice entails. When I joined politics, the critical challenge was easing the military out of power so that civilian democratic governance could be restored in Nigeria. It later became a very defining struggle, and, as one of the leaders of that struggle, I was targeted for elimination.
In one incident, nine policemen guarding my home in Kaduna were murdered in an attempt to assassinate me.

I was also forced into exile for nine (9) months. In addition, my interest in a logistics company that I co-owned was confiscated and given to friends of the military government. As Vice President in the civilian government that succeeded the military, I, again at great personal cost, chose to oppose the extension of the tenure of the government beyond the two four-year terms enshrined in our constitution.
In response to the official backlash against me, I instituted several cases in the courts, which led to seven landmark decisions that helped to deepen our democracy and rule of law. At the current historic moment, the easier option for me would have been to fold up and retreat after the mandate banditry perpetrated by the APC and INEC.

But I went to the Nigerian courts to seek redress. I even went to an American court to help with unravelling what our state institutions charged with such responsibilities were unwilling or unable to do, including unravelling the qualifying academic records of the person sworn in as our President and by implication, hopefully who he really is.

I offered that evidence procured with the assistance of the American Court to our Supreme Court to help it to do justice in this case. I give this background to underscore that what we are currently dealing with is bigger than one or two presidential elections and is certainly bigger than Atiku Abubakar. It is not about me; it is about our country, Nigeria. It is about the kind of society we want to leave for the next generation and what kind of example we want to set for our children and their children.

It is about the reputation of Nigeria and Nigerians in the eyes of the world. We showed incontrovertible evidence that Bola A. Tinubu was not qualified to contest the Presidential Election because he forged the qualifying academic certificate, which he submitted to INEC.

In fact, a simple check of Tinubu’s past records in its possession would have shown INEC that Tinubu broke the law and should not have been allowed to contest the election.
We showed irrefutable evidence of gross irregularities, violence, and manipulations during the elections. We showed incontrovertible evidence that INEC violated the Electoral Act and deliberately sabotaged its own publicly announced processes and procedures in order to illegally declare Tinubu elected. The position of the Supreme Court, even though final, leaves so much unanswered.

Even the rebuke by retired Justice Musa Dattijo Muhammad is a confirmation from within the apex court that all is not well with the Supreme Court. The court and indeed the judiciary must never lend itself to politicization as it is currently the norm with nearly every institution in Nigeria. By the way, the strong rebuke of the apex court by the revered Justice, who had meritoriously served for more than four decades, should not be swept under the carpet.

The alarm raised by Justice Muhammad and recently, former INEC Chairman, Prof Attahiru Jega, offer Nigerians an explanation into why the electoral and judicial system have become the lost hope of the common man.

Judges are no longer appointed based on merit but are products of the interplay of politics and nepotism. Worse still, the appointment of electoral officials has also been hijacked by the ruling party as seen in the latest nomination of Resident Electoral Commissioners where card carrying members of the ruling party and aides to politicians in the APC are being appointed into INEC. When two critical institutions like the court and the electoral commission are trapped in an evil web of political machination, it becomes next to impossible for democracy to thrive.

As a stakeholder in the presidential election of February 25, I, along with other well-meaning Nigerians have done my bit in ensuring that our democratic process enjoys the privilege of full disclosure of the character deficiencies of the current political leadership. I also believe that even if the Supreme Court believes otherwise, the purpose of technology in our electoral system is to enhance transparency and not merely as a viewing centre. We have to move with the world and not be stuck in time.
Implications of PEPC and Supreme Court judgments.

I leave Nigerians and the world to decide what to make of the Supreme Court’s unfortunate decision. But here’s my take. The judgments of the PEPC and the Supreme Court have very far-reaching grave implications, including the following.

One is the erosion of trust in the electoral system and our democracy. Nigerians witnessed as the National Assembly changed the electoral law to improve transparency in the process. Of particular importance was the introduction of modern technology to help eliminate the recurring incidents of electoral manipulation, particularly during the collation of results.

Nigerians and the world also witnessed as the leadership of the INEC, especially its Chairman and National Commissioner for Voter Education reassured Nigerians on national television multiple times that the use of that technology would be mandatory.

Yet that same INEC undermined the use of that technology during the elections and collation process and declared as winner someone who clearly did not win the Presidential election. They then went further to take sides in the courts in a dogfight to defend their illegality. Who would convince the millions of Nigerians to vote in future elections after they suffered endlessly on queues to register to vote, to collect PVCs and to vote, based on INEC’s assurances only to see their votes stolen and given to someone they did not vote for?
When people lose trust and confidence in elections, democracy is practically on life support.

And by affirming and legitimizing the continued lack of transparency in our electoral system the courts are continuing to usurp the rights of voters to elect their leaders. The other grave implication is that contestants in Nigeria’s elections should do whatever is necessary to be declared the winner. That includes identity theft, impersonation, forging of educational and other documents, perjury, and violence.

And, as they do so, they should ignore whatever the law says and whatever assurances from the leadership of the electoral umpire about what the law says and what they would do in compliance. And they would do so knowing that our courts would approve of their behaviour or at best pretend not to take any notice of it. The third is that if you are robbed of victory, do not bother going to court for redress because your glaring evidence of the robbery will be ignored in favour of the mandate bandit.

Also, your lawyers, however distinguished and accomplished, may be ridiculed by the judges who may also go out of their way to make even a stronger case for the so-called “winner” than even their own lawyers were able to do. These are clearly self-help strategies and actions bereft of the law and constitutionalism. Only lawlessness and anarchy will result from such, with violence, destruction and implosion and loss of our country likely to follow.

I believe that we still have a small window to prevent these from happening. I still believe that we can rescue this country from the strange imposters that have seized it illegally and are holding it by the jugular. Let me caution that the leaders of those African countries that have completely collapsed into chaos never came together one day and agreed to collapse their countries. Rather their countries collapsed because of the incremental and compounding individual and collective utterances and actions of those leaders.

Nigerians know more about the person sitting in office as their President and how he got there, and the dangers that it portends for them and the country. It is for them, especially the younger generation whose futures are to be shaped by that man, to decide what they want to do with the knowledge.
Now, let me give a historical perspective to the constitutional evolution that gave birth to the 1999 Constitution. In the build-up to the current democratic dispensation, agitation was rife amongst members of the political class and a large number of civil society bodies to envision a constitution that would operate a democracy in a functional order after the nasty military regimes.

These agitations and necessities of the circumstances of that time led to the convocation of the 1995 Constitutional Conference, which I was privileged to be a part of, alongside other prominent political actors.
The Constitutional Conference was expected to create the frameworks upon which a new constitution would be built in order to make the dreams of a democratic society.

A number of far-reaching reforms and recommendations were made, which drew from our past experiences and aimed at safeguarding the new constitution from the mistakes of the past.

One such headline recommendation was the concept of rotational presidency anchored on the principle of 6 years single term among the 6 geopolitical blocks. Even the notional idea of delineating the country along geo-political blocks was a creation of the 1995 conference. Another thematic recommendation at the conference was that the Federal Capital Territory should be given the democratic opportunity to elect for itself a mayor who shall emerge from popular franchise. These two recommendations were part of the landmark reforms that were submitted to the military government that convoked the Constitutional Conference.

However, and rather disappointingly, the government that midwifed the current democratic dispensation and enacted what is now known as the 1999 Constitution, expunged these two recommendations from what eventually became the body of legislation to govern our fledgling democracy.

As for me and my party this phase of our work is done. However, I am not going away. For as long as I breathe I will continue to struggle, with other Nigerians, to deepen our democracy and rule of law and for the kind of political and economic restructuring the country needs to reach its true potential. That struggle should now be led by the younger generation of Nigerians who have even more at stake than my generation.

So, let me make a few proposals that I believe will help. We can urgently make constitutional amendments that will prevent any court or tribunal from hiding behind technicalities and legal sophistry to affirm electoral heists and undermine the will of the people. Our democracy must mean something; it must be substantive. Above all, it must be expressed through free, fair and transparent elections that respect the will of the people.

Firstly, we must make electronic voting and collation of results mandatory. This is the 21st century and countries less advanced than Nigeria are doing so already. It is only bold initiatives that transform societies.

Secondly, we must provide that all litigation arising from a disputed election must be concluded before the inauguration of a winner. This was the case in 1979. The current time frame between elections and inauguration of winners is inadequate to dispense with election litigations.

What we have currently is akin to asking thieves to keep their loot and use the same to defend themselves while the case of their robbery is being decided. It only encourages mandate banditry rather than discourages it.

Thirdly, in order to ensure popular mandate and real representation, we must move to require a candidate for President to earn 50% +1 of the valid votes cast, failing which a run-off between the top two candidates will be held. Most countries that elect their presidents use this Two-Round System (with slight variations) rather than our current First-Past-the-Post system.

Examples include France, Finland, Austria, Bulgaria, Portugal, Poland, Turkey and Russia, Argentina, Brazil, Ivory Coast, Sierra Leone, Namibia, Mozambique, Madagascar and even Liberia where a run-off is expected to hold in the coming days.

Fourthly, in order to reduce the desperation of incumbents and distractions from governing and also to promote equity and national unity, we need to move to a single six-year term for President to be rotated among the six geo-political zones. This will prevent the ganging up of two or more geo-political zones to alternate the presidency among themselves to the exclusion of other zones.

INEC should be mandated to verify the credentials submitted to it by candidates and their parties and where it is unable to do so – perhaps because the institutions involved did not respond in time - it must publicly state so and have it on record.

A situation where a candidate submits contradictory credentials to INEC in different election cycles and the electoral umpire accepts them without question points to gross negligence, at best, or collusion to break the law by the leadership of the INEC, at worst.

The submission of contradictory qualifying documents by a candidate as well as those found to be forged or falsified should disqualify a candidate even if the falsification or forgery is discovered after the person had been sworn into office.

The burden of proving that a document submitted to INEC is forged should not be on the opposing candidates in the election. It is never the responsibility of an applicant for a job to prove that the person who eventually got the job did so with forged documents.

In addition to these proposed constitutional amendments, the Electoral Act should be amended to provide that, except where they explicitly violate the Constitution and other laws, the rules and procedures laid down by the electoral umpire and made public for the benefit of the contestants and the voters will be treated as sacrosanct by the courts in deciding on election disputes.

A referee cannot be allowed to set the rules for the game only to change or ignore them when one side has scored a goal or is about to win the match. We must restore confidence in our electoral system which the current leadership of INEC has completely eroded and undermined. Also, we need well-thought out provisions in the legislation and regulations to reform the judiciary, including the introduction of an automated case assignment system; transparency in the appointment of judges; a practice directory that stresses that the goal of judges in election cases should be to discover and affirm voters’ choice rather than disregarding voters’ choice for the sake of technicalities.

There should also be publicly available annual evaluation of the performance of judges using agreed criteria. By improving the transparency of the electoral process and reducing the incentives to cheat, in addition to transparency in the appointment of judges and other judicial reforms, the number of election petitions as well as corruption in the judiciary will be significantly reduced.
More importantly, we would have succeeded in taking away the right to elect leaders from the courts and return it to the voters to whom it truly belongs.

Gentlemen of the Press, I thank you profoundly for listening. May God bless you, and may God bless the Federal Republic of Nigeria.

On Thursday, October 26, the Supreme Court of Nigeria gave its judgment in the appeals by Waziri Atiku Abubakar and the People’s Democratic Party (PDP), and Mr. Peter Obi and the Labour Party (LP) challenging the September 6 judgment of the Presidential Election Petition Court (PEPC) which affirmed Tinubu’s victory in the February 25 Presidential election.    The appellants sued on the common ground that the lower court erred in law in its rulings on Tinubu’s failure to obtain 25% of the total votes cast in the Federal Capital Territory and  whether Section 134 (1) (2) of the 1999 Constitution should be read “conjunctively or disjunctively”; the civil forfeiture by Tinubu of $460, 000 in the United States with regard to his eligibility under Section 131 of the Constitution, INEC’s failure to transmit results electronically, the ruling by the court of first instance that the appellants failed to prove that the Independent National Electoral Commission (INEC), violated the Electoral Act 2022, and the request for the leave of court to file fresh evidence obtained from the Chicago State University (CSU) and US District Courts with allegations of discrepancies and forgeries in Tinubu’s academic records.  The Atiku/PDP team raised, in general, 35 grounds of appeal. The Peter Obi/Labour Party team of counsel raised 51 grounds of appeal in a 73-page notice of appeal. 

A panel of seven Justices of the Supreme Court, with Justice Inyang Okoro, presiding, and Justices Uwani, Musa-Aji, Ibrahim Salauwa, Mohammed Lawal Garba, Tijjani Abubakar, Adamu Jauro and Emmanuel Agim consolidated both appeals into seven grounds, and on every ground dismissed the appeals as frivolous, vexatious and lacking in merit and hence thereby dismissed. Their Lordships had initially reserved judgment but when they finally delivered their judgment, three days later, they came out smoking. It was a unanimous judgment with their Lordships even warning the public to refrain from media trial, and to “trust the Court”, instead of sending threatening messages to judges and justices. I have argued that while judicial review is an important part of the judicial process, and public opinion is critical to the democratic process as Professor Barry Friedman has argued eloquently, it is just the case that courts of law do not take decisions on the basis of the opinion of the mob, moved more by emotions and sentiments, beer parlour engagements and social media tittle-tattle.  This much has been well-stated per Niki Tobi JSC in Atiku Abubakar vs Umaru Musa Yar’Adua,and most recently by Justice Olukayode Ariwoola, CJN. Judges are members of the community. Their wives and children or husbands go through the same things as the rest of us. They also watch television and listen to the news. But when they are required to apply the law, their calling requires them to be above board like Caesar’s wife, and to be impartial no matter whose ox is gored. 

In Nigeria today, most unfortunately, judges and justices are treated like closet criminals and are believed to be so. The Supreme Court is supposed to be the last hope of the common man, but with some problematic judges in recent times, so much doubt has been created among the people. The Hon. Justice Chukwudifu Akunne Oputa, Socrates of the Supreme Court as he was then popularly known, had addressed the matter when he opined that “we are final not because we are infallible, rather we are infallible because we are final.”  The meaning is that the Supreme Court may make mistakes but it is the final court, beyond it, you can only appeal to God. Funnily enough, it is only the Supreme Court that can reverse itself, and it has had to do so in many cases in the past. But I insist as I have done that whereas the courts of equity may give the impression that the law is moral, and the study of jurisdiction having strong basis in morality and ethics, or that the foundation of law is the common good, in actual practice our courts are guided by what the law says it is.  

They are guided by specific sources of law: received English law (circa 1876 and 1900) as represented by the common law, the doctrines of equity, and the English statutes of general application, international customary law by incorporation, local legislation, decisions of Nigerian courts (that is, stare decisis), rules of court and procedure. In considering all of this, I am of the firm view that the Okoro-led panel of seven JSCs, gave a judgment that is sound in law, and I restate this for record purposes. For example, when the Atiku/PDP camp embarked on a voyage of discovery to the United States about Tinubu’s certificates, I argued that the matter being brought out of time under Section 285 of the Constitution, and not pleaded and not proven in the court of first instance may eventually be of no moment. Hakeem Olaniyan in his Jurisdiction of Nigerian Courts in Causes with Foreign Elements (2013)and I. O. Agbede in his Themes on Conflict of Laws (1989) had raised the point that for a foreign element to be admissible in a foreign jurisdiction, facts must be pleaded and proven. It is elementary law that you plead facts not the law in private international law. Local laws also take precedence, and where the matter lacks the element of reciprocity, the court in the local forum decides on key questions of jurisdiction, which is the fountain head of the authority of the court and applicable law. A court can however assume jurisdiction, but this is at the discretion of the court. What their Lordships did was to uphold the jurisdiction of the lower court. They were also on terra firma on questions of recognition, relevance and admissibility of evidence.  The other point on which I think they stood firm was their point that the argument about electronic transmission had been determined. This had been addressed in Oyetola vs Adeleke. Here, Emmanuel Agim JSC, presiding, held that “the case of the petitioners that the presiding officers were bound to instantly or on the spot transmit the number of accredited voters in the back-end server to INEC has no support.”  A related matter in the October 26 matter was the burden of proof. The Supreme Court dismissed the arguments of the appellants with regard to the credibility of witnesses. It added that they were “octopus agents.” There are other key issues in that ruling that cannot be faulted in law qua law, no matter the emotional choices of appellants and their paid agents and public commentators. 

The sum effect of the judgment is that the litigation with regard to the Presidential election has ended. Bola Ahmed Tinubu has been confirmed as the winner of the February 25, 2023 Presidential election. The Supreme Court has conferred on him the much-needed legitimacy. He has been given the de jure authority to act as President of Nigeria, Commander in Chief of the Armed Forces. He can now sit with the two laps of his buttocks on the seat. He is affirmed. The threat by some interested parties and their agents that they will settle the matter in the court of public opinion is foolhardy. It seems to me that we have moved beyond political campaigns. It is now time for governance and policy. President Tinubu has asked his opponents and others to join him to build a country and move Nigeria forward. There must be an end to litigation, and it has ended within the provided framework. President Tinubu must reach out honestly to the opposition and run a diverse, inclusive government of national unity. Certainly not a turn-by-turn government. The major opposition figures – Atiku Abubakar and Peter Obi have so far refused to congratulate him. I think their sour grapes look untidy. In critical moments such as this in the life of a nation, men and women should behave as patriots and put Nigeria first. No man should be good enough to run the country if he or she believes that personal ambition must come first. The opposition is required to play its part but the obsession with “me, I and myself” is deplorable. 

Many would remember the example of Al Gore, former Vice President of the United States, and the Bush vs. Al Gore case that was decided on December 12, 2000, in which the Supreme Court of the United States ruled against the order of the Florida Supreme Court for a selective manual recount of the election. It was generally believed that the Supreme Court in awarding Florida’s 25 Electoral College votes to George W. Bush (Republican) erred in law.  The margin of victory was so close it was clear Gore won in Florida. Gore in fact led by 327 votes. But Gore allowed it all to go. He disagreed with the Supreme Court of course, but chose not to be disagreeable in deference to the apex court of the country. I think there is a big lesson here that we all can learn across party lines. 

In the 2023 general elections both the Constitution and the Electoral Act 2022 were put to the test.  Certainly, there is a need for reform, and the National Assembly has a big job to do. One, the point has been made clear, even by mechanics and others, that a situation whereby a man or woman wins an election by every means possible in Nigeria and then turns around to say brazenly: “Go to Court!” is unacceptable. Why? Increasingly, the courts determine election outcomes. Our democracy would be better strengthened if candidates in an election do not have to go to the courts to seek validation. It is one reason people are asking that we must develop a system whereby people win at the polls not in the courts. Besides., where there are election petitions, these must be concluded before anyone is sworn in as is the case in Kenya. Where a supposedly elected person is already sworn in and he begins to exercise formal authority, as President Tinubu has been doing since May 29, the hands of the courts may be tied by public policy even if they may not say so. Other necessary amendments may be with regard to qualification and eligibility. Nobody who does not have a certified minimum of a higher degree must never be allowed to run Nigeria! The phrase “school certificate or its equivalent” (section 131 (d) and the dubious interpretation in Section 318 (1) must be expunged from the Nigerian Constitution! This country deserves to be led by its educated and enlightened class. What scandalous provision is that that makes it possible for anyone with a failed, F9 parallel school certificate to run this country. The National Assembly must also take a second look at the provision on electronic transmission of results. It is too opaque. It appears like a ceremonial, decorative provision in the Electoral Act. The law must pass the test of certainty not ambiguity. Manual transmission or electronic transmission? Let’s be clear.

Lawyers must also draw their own lessons from the Supreme Court Judgment of October 26. Their Lordships were not kind to the appellants counsel at all. As I noted on Arise News before now, they simply threw the textbook at them. They faulted them on the subpoena of witnesses, their understanding of the rules of court, even Section 12 of the Supreme Court Act, stare decisis and the meaning of Section 285 of the Constitution with regard to the time limitations of election petitions.  Among the lawyers are Senior Advocates of Nigeria, masters of the law with years of experience, but they chose to mislead their clients. Why? Every lawyer is trained to be an officer in the temple of justice, that is to defend the cause of justice which is the end of law. Going forward, the Nigerian Bar Association has a lot of work to do: to protect the integrity of the Bar, inner and outer. Having a situation whereby lawyers behave like ambulance chasers for quick monetary gain defeats the entire purpose of the administration of justice system.  It is precisely for this reason that George Chapman in his 1654 play, Revenge for Honour referred to the law as an ass. The same view is echoed by Mr. Bumble in Charles Dickens’ novel, Oliver Twist. Lawyers must stop behaving like donkeys, and it is the responsibility of the NBA and the NJC to put a stop to this through stronger codes of conduct. 

Since the Supreme Court judgment, I have seen the public opinion mob referring to the valedictory speech by Justice Dattijo Muhammad (JSC, now retired) for confirmation of their conviction that the Supreme Court is a rotten place and that the entire judiciary is bad. I have had cause to question Justice Dattijo’s choice of forum: after serving 47 years in the judiciary, he chose the moment of his exit to throw the entire judiciary under the bus. He was the most senior Justice on the Bench, after the CJN, yet he complained about the Chief Justice running a one-man show. I have tried to compare his valedictory speech to that of Justice Odemwingie Uwaifo, January 24, 2004 titled “May the Supreme Court Never Become an Undergrowth.” Whereas Uwaifo JSC was cautionary, Dattijo Muhammad was combative, his speech full of direct, unmistakable innuendoes, a clear indication that judges and justices are also human beings and can descend to the arena like market women.  It is the integrity of the entire judiciary that is further damaged. For timing purposes, Dattijo Muhammed simply poured cold water on the October 26 judgment of the Supreme Court in the Tinubu case. 

Nonetheless, I find much wisdom in Olisa Agbakoba, SAN’s submission, supporting Dattijo JSC (as he then was) that there is an urgent need for judicial reform. Agbakoba also draws attention to the recommendations of a Judicial Reform Stakeholders Committees Reports, 24 – 26 October 2011, chaired by Justice Dahiru Musdapher, CJN of which he, (Agabakoba), was a member. Justice Musdapher refused to appoint his daughter as a Justice of the High Court even when she was eminently qualified. Dattijo tells us that these days, “children, spouses and mistresses” are now routinely appointed Judges.  That is scandalous. Dattijo also complained about the over-concentration of power in the office of the CJN. The NJC in particular needs to be reformed. He complained further about vacancies on the Supreme Court Bench that have not been filled. The country now has only about 10 JSCs. This should be addressed and it is about time we began to admit lawyers and scholars to the Supreme Court Bench as they do in Canada to ensure diversity and inclusivity to enrich our jurisprudence. Above all, there is a lesson for the President himself.  He now has a government to run. He must do so in the best interest of all concerned parties to justify the legitimacy conferred on him.  

Minister says no automatic renewal of licences for GenCos, DisCos

President Bola Ahmed Tinubu has stated that despite the privatisation 10 years ago, over 90 million Nigerians still lack access to electricity.

Speaking at the 10th year anniversary of the Nigerian Electricity Supply Industry (NESI) Market Participants and Stakeholders Roundtable yesterday in Abuja, the president lamented that the national grid only serves about 15 percent of the country’s demand, leaving households and factories to rely on expensive self-generation.

The president who was represented by his Special Adviser on Power Infrastructure, Sadiq Wanka, stated this has left households and factories to rely on expensive self-generation, which supplies a staggering 40% of the country’s demand.

“What is worse, is that the total amount of electricity that can be wheeled through the national grid has remained relatively flat in the last 10 years. The grid capacity has increased from just over 3000MW to typically just over 4,000MW today. Versus a 40,000MW target by 2020 that the Federal Government had set pre-privatization.”

He also decried for every kWh of electricity sent to the grid, only 60 percent of it is paid for. “But as we know, even the tariff paid for that unit of electricity is far from being cost-reflective, especially in light of the recent devaluation of the Naira.”

He noted that the reasons for the underperformance of the sector in the last decade are well known as there are deep commercial, governance and operational issues that have beleaguered the sector.

“Only around 45 percent of NESI customers are metered today, with wide variations across DisCos. The scale of investment needed to meter current and new customers and replace obsolete meters is not trivial. The Government is committed to supporting the metering drive through the World Bank DISREP programme which should add at least 1.25 million meters, while activating the Meter Acquisition Fund to procure another 4 million meters. But we must also realize that long-term sustainable metering should be within the remit of DisCos and their partners.”

He added that there needs to be a clear plan to rebase tariffs to recognize the real costs and loss levels of the entire value chain, while allowing adequate cost recovery for investments.

On his part, the Minister of Power, Adebayo Adelabu, said licences given to the private sector during the privatisation of the electricity supply chain in 2013 would not be renewed without some indices met by the companies awarded the license.

Adelabu stated that with the licences expected to expire very soon, the federal government would scrutinize the investments and infrastructure that have been made in the sector by the companies.

While stating that the country has achieved little progress in the sector since the privatisation, he said it is shameful Nigeria is still stuck in the generation of 4,000 megawatt of power.

He also stated that, in his opinion, the privatisation of the sector was not good for the country, rather commercialisation should have been conducted with the government heavily involved in the sector.

He premised this on the fact that private investors are not patient enough with the time it would take for the sector to yield profits they intend to make.

The Chair of the Presidential Committee on Fiscal Policy and Tax Reforms, Taiwo Oyedele, has stated that the federal government is eyeing December to bring down the dollar rate at the I&E Window to N750 per dollar.

In an interview with Bloomberg News, he said this would involve introducing new foreign exchange rules, including a crackdown on illegal currency trading, to reduce the 45 percent gap between the official and black-market rate the dollar is sold in the country.

He said the government would also clear backlogs of dollar demand estimated at about $6.7 billion, bolster the naira forward market, and set transparent rules for the operations of the official market, said in an interview.

“It also aims to expand the official market to include all legitimate transactions, while snuffing out the illicit “black market” for foreign currency, “ he said.

“We think all of that will happen before December, and maybe in a matter of a couple of weeks we will begin to see the results, such that before the end of the calendar year, naira should find its true value, not the one that is being done currently in the parallel market,” he said.

He added that a “fair price” for the dollar is 650 to 750 naira, which is N802.59 to the dollar but N1,165 at the black market.

The Federal Government on Monday approved a N2.18tn supplementary budget for the 2023 fiscal year.

This would fund urgent issues including national defense and security. The supplementary funding was also targeted at providing welfare packages for workers and Nigerians at large.

The Minister of the Budget and Economic Planning, Abubakar Bagudu, disclosed the details of the funding to State House Correspondents at the end of this week’s Federal Executive Council meeting President Bola Tinubu chaired at the Aso Rock Villa.

Bagudu said, “N605bn for national defense and security is to sustain the gains made in security. It will accelerate the gains in that sector as the funds will be made available to security agencies before the year runs out.

“Equally a sum of N300bn was provided to repair bridges, including Eko and Third Mainland bridges, as well as construction, rehabilitation and maintenance of many roads nationwide before the return of the rainy season.

“The sum of N210bn was provided for the payment of wage Awards. In negotiation with the Nigeria Labour Congress, the federal government agreed to pay N35, 000 each to about 1.5 million employees of the federal government and that covers September, October, November and December 2023.”

Bagudu explained the underpinnings of the N400bn cash transfer payments the Council approved, saying, “You may recall that the federal government secured a $800m loan from the World Bank to pay cash transfers of N25,000 to 15 million households. The $800m is for two months, October and November.

The Minister also disclosed that “the President graciously approved that an additional month should be funded by the federal government and that is what this N100bn is for.”

He added that the Council also approved N200bn for seed, agricultural input, supplies and agricultural implements and infrastructure in order to support expansion of production, while N100bn was set aside to improve infrastructure in the Federal Capital Territory.

The Independent National Electoral Commission also got N18bn for the conduct of elections in Bayelsa, Kogi and Imo in November.

To fulfill its palliative promises to Nigerians, FG voted N5.5bn for the take-off of the student loan scheme in January 2024.

“The supplementary budget also includes N8bn for the take-off grant of new ministries and N200bn for capital supplementation to deal with urgent requests made to the President from various parts of the country,” Bagudu said.

While the FG intends to fund the extra-budgetary spending from revenues accruable to it from its recent policies like the removal of subsidy on petrol, it is leaving no stones unturned as it ordered the DMO to raise the nation’s domestic borrowing ceiling to source for more money from the debt market to support its planned expenditures when necessary.

“It is not anticipated that there would be borrowing, but to the extent there will be, the debt management office will raise it. This is not recourse to Ways and Means,” the Minister explained.

The former Kebbi State Governor also reiterated the administration’s commitment to maintain the January-December budget implementation cycle.

He cited the legislative and executive backgrounds of the President, Vice President, and other members of the Council, stating that the “budgeting process is benefiting from this collective wisdom and would foster mutual respect for institutions which will narrow the areas for dispute.”

Former President Muhammadu Buhari in January, signed the 2023 Budget of N21.83trn along with the 2022 Supplementary Appropriation Bill into law.

Speaking at the signing of the eighth and final annual budget of his Administration, the Buhari said the aggregate expenditures of N21.83 trn, represented an increase of N1.32 trn over the initial Executive Proposal for a total expenditure of N20.51 trn.

The former President explained that the 2022 Supplementary Appropriation Act would enable the administration to respond to the havoc caused by the recent nationwide floods on infrastructure and agriculture sectors.

Meanwhile, Nigeria’s total public debt may hit N118.37tn in the next three years, findings by The PUNCH have shown.

The figure was based on analysing Nigeria’s current debt profile and the debt projections in the Medium Term Expenditure Framework and Fiscal Strategy Paper 2024-2026.

According to the new MTEF/FSP, the Federal Government plans to take N26.42tn loans between 2024 and 2026.

The fiscal policy also indicates that debt servicing will gulp N29.92tn in three years.

The data show that the national government plans to borrow N7.81tn in 2024, slightly less than the N8.84tn targeted for the same year in the previous MTEF/FSP.

A breakdown for 2024 shows that the Federal Government plans to get N6.04tn from domestic lenders and N1.77tn from foreign creditors.

By 2025, the Federal Government plans to borrow N8.54tn, which is also less than the N10.62tn targeted for the same year in the previous MTEF/FSP.

Despite the rising debt, the Federal Government has insisted that it will stick to its borrowing plan.

Over the years, Nigeria’s low revenue generation has pushed the government to borrow more.

However, President Bola Tinubu recently expressed his administration’s commitment to breaking the cycle of overreliance on borrowing for public spending and the resultant burden of debt servicing it placed on the management of limited government revenues.

Tinubu recently said the country could not continue to service its debt with 90 per cent of its revenue.

He noted that the country was heading for destruction if that continued.

The President said, “Can we continue to service external debts with 90 per cent of our revenue? It is a path to destruction. It is not sustainable. We must make the very difficult changes necessary for our country to get (wake) up from slumber and be respected among the world’s great nations.

The National Bureau of Statistics has said the prices of food items such as beef, rice, beans, onion, yam and others increased in September.

It stated this in its Selected Food Prices Watch report for September 2023 released in Abuja on Monday.

The report said that the average price of 1kg of boneless beef increased by 28.08 percent from N2,199.37 recorded in September 2022 to N2,816.91 in September 2023.

“On a month-on-month basis, 1kg of boneless beef increased by 0.62 per cent in September from the N2,799.51 recorded in August 2023,’’ the report stated.

It said that the average price of 1kg of local rice increased by 60.59 per cent on a year-on-year basis, from N471.42 in September 2022 to N757.06 in September 2023.

“On a month-on-month basis, 1kg of local rice increased by 2.48 per cent from the N738.74 recorded in August 2023.’’

It said that the average price of 1kg of brown beans increased by 28.76 per cent on a year-on-year basis from N556.81 in September 2022 to N716.97 in September 2023.

“On a month-on-month basis, the price increased by 3.47 per cent from the N692.95 recorded in August 2023 to N716.97 in September 2023.’’

The NBS said the average price of 1kg of Onion bulb rose by 29.81 per cent on a year-on-year basis from N397.18 in September 2022 to N515.59 in September 2023.

“On a month-on-month basis, the price increased by 0.45per cent from N513.29 recorded in August 2023.’’

The report said that the average price of 1kg of Yam tuber increased by 45.11 per cent on a year-on-year basis from N409.23 in September 2022 to N593.83 in September 2023.

“On a month-on-month basis, 1kg of yam tuber increased by 3.03 per cent from the recorded N576.39 in August 2023.’’

On state profile analysis, the report showed that the highest average price of 1kg of boneless beef was recorded in Anambra at N3,800.42, while the lowest price was recorded in Kogi at N1,845.29.

It said that Rivers recorded the highest average price of 1kg of local rice at N931.82, while the lowest was recorded in Benue at N539.35.

The NBS added that the highest average price of 1kg of brown beans was recorded in Imo at N1,090.23 while the lowest price was recorded in Kogi at N485.64.

It said the highest average price of 1kg of onion bulb was recorded in Abia at N862.35, while the lowest was recorded in Nasarawa at N295.73.

According to the report, Akwa Ibom recorded the highest average price of 1kg of yam tuber at N1,088.57, while Plateau recorded the lowest price at N320.34

Analysis by zone showed that the average price of 1kg of boneless beef was highest in the South-East at N3,550.75, followed by the South-West at N2,875.47.

“The lowest price was recorded in the North-Central at N2.461.20.”

The South-East and South-South recorded the highest average price of 1kg of local rice at N901.26 and N824.55, respectively, while the lowest price was in the North-Central at N621.93.

The report said that the South-East recorded the highest average price of 1kg of brown beans at N995.76, followed by the South-West at N771.37, while the North-Central recorded the lowest price at N587.99.

It said that the South-East and South-South recorded the highest average price of 1kg of onion bulb at N723.63 and N697.34 respectively, while the lowest was recorded in the North-Central at N340.75.

The NBS said also that the South-West recorded the highest average price of 1kg of yam tuber at N791.69, followed by the South-South at N748.56.

“The North-East recorded the lowest price of 1kg of yam at N366.79,’’ the NBS said.

The Speaker of the Ondo State House of Assembly, Mr Olamide Oladiji, says the apology tendered by the state’s Deputy Governor, Lucky Aiyedatiwa, to Governor Rotimi Akeredolu, will not stop the Assembly from proceeding with the impeachment process against him.

According to the Speaker, the apology was a personal business between Aiyedatiwa and his principal.

The Ondo Assembly has been in moves to impeach the deputy governor over gross misconduct allegations.

The impeachment process is believed to be linked to a crack in the relationship between the governor and his deputy.

But Aiyedatiwa last week tendered a public apology to the governor, blaming the crisis between them on the handiwork of political contenders in the state ahead of the forthcoming governorship election in 2024. Aiyedatiwa said he remained loyal to Akeredolu and his administration.

But speaking on Monday, the Assembly Speaker said, “Aiyedatiwa’s apology is about a personal issue between him and Governor Akeredolu. The Assembly will continue with the impeachment process against against the deputy governor.”

The Speaker also said claims that the impeachment process had divided the Assembly were untrue. He said steps had already been taken to unite the lawmakers

Meanwhile, Aiyedatiwa’s lawyer, Mr Ebun Olu-Adegboruwa (SAN), disclosed on Monday that the Federal High Court in Abuja “has adjourned further proceedings till November 17” in the case filed by Aiyedatiwa to stop his impeachment.

According to him, the adjournment came after the court, presided over by Justice Emeka Nwite, took extensive arguments from counsel to the parties on the consequences of the appeal filed by the Ondo State House of Assembly against the pending orders of the court before the Court of Appeal, Abuja.

Adegboruwa said, “At the proceedings, the plaintiff informed the court of a new development that took place after the last court proceedings of October 16, 2023, which has an effect on the jurisdiction of the court.

“It was further argued on behalf of the plaintiff that since the reliefs being sought by the House of Assembly in its appeal involves the issue of the jurisdiction of the Federal High Court and the status of the orders granted by the court on September 25, 2023, it would be better for the court to respect the authority of the Court of Appeal, since the principles of law forbid that the high court should struggle jurisdiction with the Court of Appeal.”

According to him, in response, all the defence counsel opposed the arguments canvassed by the plaintiff, stating that the record of the appeal of the House of Assembly was filed out of time and the appeal had not been formally entered by the Court of Appeal.

“After taking arguments from all counsel to the parties, the court adjourned the case till November 17, 2023, for ruling,” Adegboruwa stated.

Tributes have poured in for the foremost Nigerian legal icon, Prof. Ben Nwabueze, who passed away on Sunday.

Nwabueze, a native of Atani in Ogbaru Local Government Area of Anambra State and a Senior Advocate of Nigeria was born in 1931.

The spokesperson for the family, Eni Nwabueze, in a statement on Monday, confirmed that he died on Sunday evening in his home.

“With great sadness, we announce the passing on to celestial glory of our patriarch, Professor B. O. Nwabueze SAN, NNOM, CON, pioneer Secretary-General of Ohanaeze Ndigbo and the Oduah Afo-na-isagba of Atani, Anambra State, on Sunday, October 29, 2023, aged 94,” he partly wrote.

Reacting to his demise, the Ohanaeze Ndigbo, in a statement issued on Monday by its Secretary-General, Okechukwu Isiguzoro, described the deceased as a “great luminary, a towering figure, and a champion of the Igbo cause.”

Isiguzoro noted that the Igbo-speaking states, including Anioma in Delta State and Ikwerre in Rivers State, would observe four traditional market days of mourning to honour his memory.

The statement read, “With heavy hearts and profound sorrow, Ohanaeze Ndigbo joins the entire Igbo nation and the world at large in mourning the irreparable loss of a great luminary, a towering figure, and a champion of the Igbo cause, Prof. Ben Nwabueze.

“We announce with deep grief the passing away of our beloved founder and former Secretary-General, Prof. Ben Nwabueze, a man whose contributions to the academic, legal, and political spheres are immeasurable.”

Ohanaeze said as its Secretary-General between 1978 and 2004, Nwabueze transformed the organisation into a formidable and highly regarded non-partisan pan-Igbo pressure group.

Also, Anambra State Governor, Prof Charles Soludo, in his tribute remarked that Nwabueze’s influence extended far beyond his home state, noting that he lived all his life inspiring generations of legal minds and citizens alike to strive for a more just and equitable society.

Soludo, in a statement signed by his Press Secretary, Christian Aburime, added that the deceased’s unyielding commitment to the cause of constitutionalism, justice and equity has left an indelible impact on Nigeria.

An Igbo group, Credibility Group in a statement by its President, Chief Goddy Uwazurike, also described the late Nwabueze as a consummate lawyer and a professor of law who insisted on doing a written examination for his LLD.