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Saturday, 09 September 2023 06:42

Election Tribunals Sack More Lawmakers

*4 Senators, 7 Reps fired so far 

*Suswam bounces back in Benue State

*Ned Nwoko survives Labour Party

*APC challenge in Delta State

 

As the National Assembly and state assemblies tribunals sitting in all the 36 states of the federation deliver more verdicts emanating from election petitions, no fewer than four senators and seven members of the House of Representatives have had their victories at the February 25, 2023 polls upturned.

And with more judgements likely to be delivered in the coming days, there could be more upsets that could see some lawmakers losing their seats unless they are able to reverse the judgements in the Court of Appeal.


Some prominent senators have however escaped the hammer of the tribunal judges including Ali Ndume, Ned Nwoko, Dave Umahi (now minister of works), all of the ruling All Progressives Congress and Aniekan Bassey of the People’s Democratic Party.

 

In Benue, the National and State Assemblies election petition tribunal sitting in Makurdi on Friday nullified the election of the senator representing Benue North East senatorial district, Emmanuel Udende of the All Progressives Congress (APC) and declared Gabriel Suswam of the Peoples Democratic Party (PDP) as the winner of the election.

The tribunal also directed the Independent National Electoral commision INEC to issue a new certificate of return to Gabriel Suswam as the winner of the the February 25th senatorial election.


The three man panel of judges presided over by Justice Ory Zik-Ikeorha while delivering judgment in a peition filed by the first petitioner, Gabriel Suswam, held that Suswam has proved allegations of over voting during the election beyond reasonable doubt.

According to Justice Zik- Ikeorha, the initial declaration by the INEC, Udende of APC polled 135,573 votes to defeat Gabriel Suswam of the PDP got 112,231 votes which with a difference of 23,322 votes.


She said, “the petitioner was able to established over voting in five local Government council areas of Vandeikya, Kwande, Ukum, Katsina-Ala and Ushongo in which Udende was allocated 51, 895 votes while Suswam had 21,229 votes.

After the deduction, Gabriel Suswam of the PDP scored 90,590 valid votes while Udende of the APC was left with 82,699 votes which is a difference of 7,920 votes and was declared the winner by the tribunal.

Justice Catherine Ogunsanya, presiding over the National Assembly Elections Petition Tribunal in Asaba, Delta State, had on Thursday delivered a significant verdict affirming Senator Ned Nwoko as the winner of the 2023 Delta North senatorial election.

Senator Nwoko was the candidate of the People’s Democratic Party (PDP) in the 2023 Delta North senatorial election.

He was declared elected by majority votes in the election conducted by the Independent National Electoral Commission (INEC).

 

The petitions challenging Nwoko’s victory were separately filed by Him Peter Nwaoboshi, the candidate of the All Progressives Congress, (APC), and Kennedy Kanma, the candidate of Labour Party (LP).

Both parties argued that the electoral process that brought Nwoko to victory was flawed.


Nwaoboshi contended that the election was invalid by reason of non-compliance with the provision of the Electoral Act 2022, with emphasis on improper accreditation of voters in polling units across the nine local government areas that made up the senatorial district.

Similarly, Kanma of Labour Party, argued that Nwoko of PDP was not duly elected by majority of lawful votes cast at the election.

But in their separate responses, counsels to the respondents, Nwoko, PDP and INEC urged the tribunal to dismiss the case of the petitioner for lack of substance.

Delivering the unanimous judgement the tribunal, after a thorough examination of the evidence presented against Prince Ned Nwoko, the three-member tribunal, led by Justice Catherine Ogunsanya, ruled in favor of the defendant, Ned Nwoko.

The tribunal held that the petitioner failed woefully to prove his case, against the election of Senator Nwoko as he could not tender before the tribunal any relevant document to prove a case of non compliance as contained in the petition.

The Senator representing Kogi East in the National Assembly, Jibrin Isah Echocho, who was earlier sacked, has expressed dissatisfaction with the judgement of the National Assembly Election Petition Tribunal in Lokoja, which ordered for a supplementary election in 94 polling units with over 59,730 votes.


The tribunal chairman, Justice K.A. Orjiako, who delivered the judgement on the petition brought before it by Dr Victor Adoji, candidate of the Peoples Democratic Party (PDP), agreed with the prayers of Adoji.

Adoji, had through his counsel, Mr Johnson Usman (SAN), challenged the return of Jibrin Isah on the ground that elections were cancelled in some polling units where the PVCs collected were more than the margin of his (Echocho’s) win.

Also, in Kogi, the state tribunal had declared Natasha Akpoti-Uduagan of the opposition PDP as the winner of the February 25, 2023 senatorial election.

Justice K. A. Orjiako led the three-man panel in declaring that the results that gave victory to Abubakar Ohere were inflated in nine polling units of Ajaokuta Local Government Area (LGA).

The judges also said that votes of Natasha was reduced in the areas by the INEC in a number of polling units in the same LGA.

The judges thereafter declared Akpoti as the winner of the poll having polled 54,074 against Ohere (APC) who polled 51,291.

In Delta, the now sacked senator representing Delta South in the National Assembly, Joel-Onowakpo Thomas has expressed dissatisfaction with the tribunal judgment that ordered for a supplementary election in Warri South local government area.

While he has received the certified true copy of the judgement, the senator said there is sufficient grounds for appeal, which he is confident, will give him victory. He also has no plans to appeal but will instead let voters decide.

Meanwhile, Hon. Fred Agbedi, the PDP candidate for Sagbama/Ekeremor federal constituency in the February 25, 2023 House of Representatives in the general election, says he is ready for a supplementary election as ordered by the National Assembly Election Petition Tribunal sitting in Bayelsa.

The election tribunal had in Yenagoa on Thursday, nullified the Sagbama/Ekeremor federal constituency election contested by Michael Bless Olomu of the APC and Fred Agbedi of the PDP.

In its ruling, the tribunal ordered INEC to withdraw the certificate given to Agbedi and conduct a fresh election in 21 Polling Units in Sagbama local government area and 6 Polling Units in Wards 12 in Ekeremor local government area as 26,000 registered voters unlawfully excluded from the election.

Responding, Agbedi said, “For me as the party’s flag bearer, I am ready for the supplementary election, there is no appeal. That’s my personal decision. They said it is 26,000 votes, so we will go and harvest it.


“The court has given a judgement that in 90 days, go and conduct a supplementary election based on the 26,000 votes that are remaining. If you are a contestant, you prepare yourself to go for the contest.

“To all my supporters, I want all of them to remain calm, the PDP family should remain calm. We are ready to go for the election and victory is always sure”, he said.

Also, in Delta State the tribunal recently sacked a member of the House of Representatives, Ngozi Okolie representing Aniocha/Oshimili federal constituency on the platform of the Labour Party (LP).

Okolie defeated Ndudi Elumelu during the 25 February National Assembly elections.

Elumelu, in a petition against the results claimed Okolie’s nomination did not meet requirements of the relevant laws on the election.

This is just as the member representing Isiukwuato Umunneochi federal constituency of Abia State in the House of Representatives, Amobi Ogah has rejected the tribunal judgement which ordered his sack.

Sitting in Umuahia, the the tribunal on Wednesday nullified the election of Ogah of the Labour Party declaring Nkeiruka Onyejeocha of the APC as winner of the National Assembly election.

And in Enugu, the election tribunal nullified the election of the Labour Party’s candidate, Professor Sunday Nnamchi as a member of the House of Representatives for the Enugu East/Isi-Uzo Federal Constituency.

The petition was filed PDP candidate, Prince Cornelius Nnaji, who succeeded in getting the three-man panel of judges led by A. M. Abubakar to declare him the duly elected lawmaker of the election.

Nnaji had challenged the declaration of Nnamchi by INEC as the winner of the election because the respondent was not duly sponsored and qualified to contest under the Labour Party platform.

On August 24, the election of Seyi Sowunmi, also of the Labour Party, as the House of Representatives member for Ojo Federal Constituency in Lagos State was annulled by the election petition tribunal.

The three-man panel led by Justice Abdullahi Ozegya declared the candidate of the APC, Lanre Ogunyemi, as the duly elected candidate of the election conducted on February 25, 2023.

Ogunyemi, a two-term state lawmaker and former secretary of the APC in Lagos, had challenged the declaration of Sowunmi by the Independent National Electoral Commission (INEC) as the winner of the election on the grounds that the respondent was not duly sponsored and qualified to contest the election under the candidacy of Labour Party for Ojo Federal Constituency.


And in one of the earliest verdicts delivered on the 2023 general elections, The National and State House of Assembly Elections Petition Tribunal in Kano, had a few weeks ago nullified the election victory of Muktar Umar Yerima, of the New Nigeria People’s Party (NNPP) as the House of Representatives member for Tarauni Federal Constituency.

Led by Justice I.P. Chima, the three-man panel reversed Yerima’s victory over forgery of his primary school certificate, which had been submitted to the Independent National Electoral Commission (INEC).

Justice I.P. Chima, while delivering the tribunal’s decision, stated, “After a thorough examination of the evidence presented before us, it has been established beyond reasonable doubt that Muktar Umar Yerima submitted a forged primary school certificate to the INEC. This act disqualifies him from holding the position he was elected to.”

The petitioner in the case, Hafizu Kawu of the All Progressives Congress (APC), had challenged Yerima’s eligibility and presented evidence proving the forgery allegations.

The tribunal found in favour of Kawu, highlighting a compelling case of alleged forgery against Yerima. As a result, the tribunal determined that the NNPP had no legitimate candidate in the election and declared all the votes cast for Yerima as “wasted votes”.

 
Lawyer and spokesperson for the OBIDATTI Presidential campaign council, Dele Farotimi, has responded to an old video featuring Barrister Festus Okoye, a National Commissioner of the Independent National Electoral Commission (INEC), in which Okoye assured Nigerians that polling unit results would be uploaded in real-time.

Farotimi shared the video on his verified Twitter page and captioned it with a remark. In the video, Barrister Okoye can be heard stating that the BVAS (Bimodal Voter Accreditation System) is here to stay, and election results would be uploaded from the polling unit in real-time.

After sharing the video, Dele Farotimi humorously suggested that Festus Okoye was delivering his own judgment on the matter. His post read, “The honorable Justice, Festus Okoye, delivering his own judgment.”

[NationalDaily]

 

 

Peter Okoye, one-half of the popular music group, Psquare, in a series of tweets, expressed frustration with the country’s legal system.

Taking to his X account #PeterPsquare Thursday, the music star popularly known as Mr. P stated that it is a shame to study law in a country like Nigeria.

His tweets are coming on the heels of the recent verdict by the Presidential Election Petitions Tribunal, upholding President Tinubu’s victory in the February 25 presidential election.

Okoye, an avid supporter of the presidential candidate of the Labour Party, Peter Obi, tweeted, “Imagine studying law in a lawless country. Shame.”

In another tweet, he wrote, “When the law no longer protects you from the corrupt but protects the corrupt from you, you know your nation is doomed. It is well.”

His tweets have since generated massive responses from followers on Twitter.

One #Darlyqueen1 commented, “From time memorials the law was never meant for the powerful, but to tame the weak and protect the strong.”


Another tweep #hd_Wale wrote, “As far as Nigeria is concerned, All Politicians are corrupt Sir. These people are nothing compared to the wealth they all gathered after occupying political offices or appointments.”

The Nigeria Security and Civil Defence Corps (NSCDC) has alerted the public to the circulation of fake employment letters purportedly issued by the Corps.

In a statement issued on Friday, the NSCDC’s Public Relations Officer (PRO), Babawale Afolabi, warned job seekers to be vigilant and not fall victim to fraudsters.

Afolabi said the Corps has received complaints from victims who had paid between N250,000 and N500,000 for employment before being issued fake offer letters.

He said the victims only discovered that the letters were fake when they reported for duty at the Corps headquarters.

“The Commandant General of the NSCDC, Dr. Ahmed Abubakar Audi, mni, OFR, wishes to alert the general public of the fake and malicious employment letters currently circulating in the country,” the statement said.

“He states categorically and unequivocally that the misleading and criminal employment letters did not emanate from the NSCDC nor from the Fire, Immigration and Correctional Service Board, but are the handwork of yet-to-be-identified and faceless criminal-minded individuals who are taking undue advantage of desperate job seekers in the country.”

The statement further said that the Commandant General has ordered a nationwide manhunt for members of the syndicate behind the fake NSCDC employment letters.

Rotimi Akeredolu, governor of Ondo, has officially resumed duty after a three-month medical vacation in Germany.

On Thursday, Akeredolu returned to Nigeria from Germany where he spent three months.

The governor was welcomed by his close aides at his residence in Ibadan, Oyo state.

On Friday, Akeredolu met with stakeholders from the state, including Olamide Oladiji, speaker of the assembly, Lucky Aiyedatiwa, deputy governor, and members of the All Progressives Congress (APC), at his residence in Ibadan.

During the meeting, Akeredolu handed over his resumption letter to Oladiji and provided a copy to Aiyedatiwa.

The governor said by the grace of God, he will be “alive” to complete his tenure, which ends in February 2025.

“I came back yesterday, and as you know, it was a long journey. I decided that I must meet with you today,” the governor was quoted in a statement by Richard Olatunde, his media aide.

“God has answered our prayers, and we give Him all the glory. I can assure you that our return is to the glory of God and the prayers of all of you here, and those who wished us well, I thank you very much.

“God has done what the majority of our people wanted. The majority of our people here knelt down and prayed for our return, and we have returned.

“So, because we had to land here in Ibadan first, I said I have to meet with house of assembly members here.

“We are here, and we are back. I am back, and by the grace of God, I will be alive to complete my full tenure in office. I want to tell you that I am back, and I will resume work immediately. This is my letter of resumption.”

In June, Akeredolu left Nigeria for medical attention in Germany following a letter sent to the state house of assembly of his intention to embark on a 21-day leave.

He asked his deputy to act in his stead.

On July 11, Aiyedatiwa said Akeredolu would resume duty after being certified fit by doctors.

The continuous stay of the Ondo governor in Germany generated concerns among the political class and residents of the state.

 

• Joblessness spirals from 5.3% to 33% in 37 years
• Agency spends n46b on 750, 525 participants in special public works scheme
• Additional n5.6b goes for hoes, cutlasses
• ‘Nation’s lending framework killing bankable business plans’
• How to make NDE impactful – experts

Despite the creation of the National Directorate of Employment (NDE) 37 years ago by the Federal Government to provide alternatives to white-collar jobs, the unemployment situation in the country has become worse over the years.

Stakeholders expressed worry that in spite of billions of naira already spent on the agency’s programmes, the country’s unemployment rate has continued to soar, skyrocketing from a single digit 5.3 per cent at the time of establishment of the NDE to 33 per cent now.

The NDE was set up in 1986 during the regime of former military President, Gen. Ibrahim Babangida to promote job creation, employment opportunities, and skills development across the country. Its primary goal is to reduce poverty and enhance economic growth by providing Nigerians with the skills and opportunities needed for gainful employment.

Indeed, the national unemployment figure as of 1986 stood at 5.3 per cent. While the urban unemployment rate was 9.1 per cent, the rural unemployment figure was 4.6 per cent.

Though the NDE has implemented various programmes and initiatives over the years to combat unemployment and underemployment through vocational trainings, apprenticeship schemes, and public works, but they appear not to have impact on the nation’s unemployment status.

A development and finance expert and Chief Executive at Dairy Hills Limited, Kelvin Emmanuel, said the most important thing when it comes to job creation is access to credit, and until the government develops a mechanism for de-risking the discovery process for assessment, reducing unemployment on a significant scale will remain a mirage.

Assessing the effectiveness of the NDE through the times, development enthusiasts and stakeholders said it was clear that the directorate’s programmes have not reached all unemployed Nigerians, indicating limited number of beneficiaries compared to the overall unemployment rate in the country.

 

Concerns were also raised about accountability of the agency in the implementation of some of its initiatives through the years. For instance, the public works programme that was introduced by Festus Keyamo, when he was the Minister of State for Labour, to cushion the effects of the COVID-19 pandemic on vulnerable groups, which reportedly gulped N40 billion, remains a project in which the NDE is yet to provide enough accountability, as the leading implementing agency.

Under the Special Public Works Programme in the Rural Areas initiative, which was approved by former President Muhammadu Buhari in 2019, the government planned to engage 774, 000 skilled and unskilled youths in executing public works projects across the country.

The stakeholders also argued that the impact of the NDE could have been more sustainable if there were stronger links between the skills acquired and the demands of the labour market, as well as support for entrepreneurs. They noted that the ability of the Directorate to ensure accountability and sustain the long-term impact of its programmes could be challenging, hence the need for robust monitoring and evaluation mechanisms.

The NDE offers training programmes to equip individuals with various vocational skills such as tailoring, carpentry, welding, and computer literacy. The skills are designed to make participants more employable or enable them to start their businesses.
The agency’s Youth Empowerment Scheme (YES) focuses on empowering young Nigerians by providing training and financial support for entrepreneurship. It aims to create a new generation of self-employed individuals who can start and run their businesses.

The Special Public Works (SPW) scheme, on which over N40 billion was expended by Keyamo, involves engaging unemployed Nigerians in short-term public works. Participants are typically involved in activities like road maintenance, sanitation, and community development, which fetch them temporary income.

The Rural Employment Promotion initiative aims to create job opportunities in rural areas by supporting agricultural and agribusiness ventures. It includes training in agricultural practices and providing access to resources. The Microenterprise Enhancement Scheme (MEES) focuses on helping microenterprises grow and expand. It provides support in the form of training, access to credit, and business development services.

The Community-Based Targeting (CBT) programme is reported to target vulnerable and marginalised groups, including people with disabilities and women, to provide them with training and opportunities for self-employment, while its Environmental Beautification and Sanitation Corps (EBSC) engages young people in environmental cleanup and beautification projects, providing them with employment opportunities.

In the Agri-Business and Small and Medium Enterprises Investment Scheme (AGSMEIS), the NDE collaborates with financial institutions to facilitate access to affordable loans and financial services for entrepreneurs in the agricultural and SME sectors.

The Directorate also has Skills Acquisition and Empowerment Program (SAEP) and Enterprise Development and Promotion, which provide support for the establishment and growth of small and medium-sized enterprises (SMEs) through training, access to credit, and business development services.

 

Stakeholders expressed divergent views on the effectiveness of the NDE. Some believe that the NDE has been successful in providing vocational training and employment opportunities to many Nigerians, especially youth and women.

According to them, through initiatives like the Special Public Works, the NDE has contributed to poverty reduction by providing temporary income for unemployed individuals, particularly in rural areas. They admitted that there have been challenges hampering the agency’s effectiveness.

Under President Muhammadu Buhari in 2019, the government planned to engage 774, 000 skilled and unskilled youths in executing public works projects across the country. In line with Section 16 (1) of the NDE Act, a special committee was to be set up in each state of the federation to deliberate, select and recommend1000 persons from each of the local councils to be engaged for the programme.

According to the ‘SPW final implementation report’ submitted to Buhari, which was exclusively obtained in Abuja, yesterday, the NDE said as of June 6, 2022, “the sum of N45, 937, 140, 000 has been paid out to a total of 765, 619 participants nationwide as three months stipends, though 6,463 names out of the said number were double-paid. As such, 759,156 participants will reflect as actual payments after the reversal of funds by the commercial banks concerned. This represents 98.1 per cent of the ESPW registered participants and 99.8 per cent of the verified and engaged figure.”

The report also noted that N5, 565,767, 535.13 was used for logistics such as hoes and cutlasses at the rate of N7, 190, 914.13 per local council.
To the Chief Executive Officer, Dairy Hills Limited, Emmanuel, one of the challenges of creating employment in the country is the lack of realization by the government that the informal economy constitutes 82 per cent of the working population.

He argued that the rising interest rates, as well as the collateral-based lending framework in the financial architecture of the economy, has locked out millions of sound bankable business plans from access to capital, with banks preferring to pay fines in place of giving out credit without securitization. This is because most financial institutions believe that the return of principal is greater than the return on principal, and it is better to keep their money in treasury operations than for it to become bad debt, that has to be provisioned for losses.

“Other than the lack of well-developed infrastructure and a low ease of doing business mechanism, for which Nigeria scored 131 out of 190 in 2022, the new government has a task of integrating the BVN with the NIN, to develop a credit rating model on which financial institutions can derive a risk mechanism for assessing and making informed decisions for credit, especially to MSMEs,” he advised.

A development worker, Halilu Mohammed, decried what he called proliferation of job-creating agencies under different governments, which has led to inefficiency and massive corruption.

He stated: “If you critically examine the activities of the NDE since its creation, it has achieved so little. After spending billions, if not trillions, on its activities, unemployment has grown geometrically over the years. While this may not be the singular fault of the NDE, different governments created other quasi-ministries for the sole purpose of job creation, which turned out to be conduit pipes through which government funds were siphoned. How can anyone justify spending over N60 billion on public works programme where people were given hoes, cutlasses and stipends as antidotes against joblessness? For me, that is another government magic.”

[Guardian]

 

I am writing this column from Madrid in Spain where I am attending an academic conference. Because of my crowded schedule here, I have not had the chance to thoroughly read and digest the judgement delivered by the Presidential Election Petition Tribunal, so I won’t be able to make an informed commentary on it. I expect to be able to do that by next week when I am back at my base.

Nonetheless, a comment I read on Facebook about the tribunal inspired this column. Dr. Raji Bello, a versatile, polymathic medical doctor from Yola, wondered on Thursday why lawyers, including Senior Advocates who have reached the acme of their careers, routinely make elementary procedural mistakes that invite the censure of judges.  

“It is often said that a good surgeon knows when not to operate. Is there anything like that in the legal profession--like a good lawyer knowing when not to go to court? While I have come to understand that things are more open to interpretation in the social sciences (like law) as compared to the natural sciences, I still get baffled whenever a judge dismisses a case by reminding the petitioners of a basic technical rule or provision of the law. I then usually ask myself, shouldn't the lawyer have known this? 

“Like the fact that a pre-election matter should not be brought up after the general election, a plaintiff lacking locus standi in a matter, or that only a past criminal conviction could be used against a politician, not a civil one? With my ‘unlearned’ scientific background, I assume that a lawyer should be able to advise a client beforehand, for example, that look, you lack the locus standi to petition about the primary election of a political party other than yours, so let's not go to court over that.”

Nigerian lawyers have succeeded in bamboozling Nigerians into accepting the ignorant falsehood that the legal profession is the “only learned profession” in the world. But the notion that law is the “only learned profession”—which exists only in Nigeria and nowhere else in the world— sprouts from a fundamental misapprehension of terminologies. 

“Learned professions” is an old English expression that was used in the Middle Ages to refer to medicine, theology, and law. Teaching was later added as the fourth learned profession. These careers were called “learned” because of the disproportionately extensive intellectual preparation required to qualify to practice them, particularly in relation to the other vocations of the time. 

“Learned profession” never ever exclusively referred to law at any point in history in any country. Most importantly, though, that term is now obsolete. The Middle Ages, also called the Dark Ages, ended between 1400 and 1450, that is, nearly 600 years ago. Why are Nigerian lawyers stuck in the terminology of the Dark Ages?

In contemporary English usage, any vocation that requires extensive specialized training is called a “profession.” In other words, “profession” has now replaced “learned profession.” If we were still to use the archaic expression “learned profession,” many professions would be called “learned.”

 The standard definition of a profession now—or what people in the Dark Ages used to call “learned profession”—is any field of study that requires at least a university degree, that has a well-defined and enforceable code of ethics, that policies entry and exit into its ranks through licensing, and that serves the public good.

So, in addition to medicine and law, the modern sense of “professions” includes such careers as accountancy, auditing, architecture, engineering, pharmacy, veterinary medicine, nursing, etc. 

Interestingly, teaching and theology no longer quite fit the definition of a profession because there is no licensing requirement to be a teacher, a clergyman, or a clergywoman in Nigeria. It’s different in other countries, of course. In the United States, for instance, primary and secondary school teachers need a degree and a license to teach.

Similarly, lawyers who earned a law degree but don’t practice law—or who have a law degree but failed to go to law school— aren’t regarded as “professionals” or, to use their favorite Dark-Ages adjective, “learned.”

The notion that the legal profession is the "only learned profession" in the world grew out of the sophomoric ebullience of undergraduate law students in Nigeria who were awestruck by the opportunity to study law. You would expect that as they grow older, they would outgrow this wide-eyed infantilism. 

Unfortunately, many of them are still wedded to it, and most of them who mouth it endlessly are those who have almost zero understanding of logic and argumentation, who make embarrassing procedural errors in court filings, and who have not the slightest hint that they are actually ignorant of the history and meaning of the expression that they wear as a badge of professional pride.

A related expression Nigerian lawyers misunderstand is “my learned friend”— often rendered in Nigeria as “my learned colleague.” Nigerian lawyers think the term is a validation of their misunderstanding that the legal profession is the “only learned profession” in the world. 

But “my learned friend” is merely a polite term of address that lawyers in British (and Commonwealth) courts use when they address each other, especially if they are opponents. The term was introduced to enhance civility and mutual courtesy in legal contests. It is, of course, the truncated form of “my friend on the opposing side who is learned in law.”

 A British gentleman who isn’t a lawyer but who chose to represent himself in court once wrote that the lawyer he argued against addressed him as “my learned friend.” That means British lawyers, unlike Nigerian lawyers, don’t understand “my learned friend” to be a linguistic marker of professional superiority.

This is consistent with what an old British lawyer by the name of Bhagwan Dass Ahuja wrote in a June 17, 2022, article titled “How Lawyers Argue a Court Case: The Phrases of The Complete Lawyer.” He wrote: “Even if you have known the opposing counsel as a family friend, even if he is old enough to be your father, even if he knows nothing of the law, he is still your ‘Learned Friend’.” In other words, you don’t have to be a lawyer to be called “my learned friend.”

Before the term was introduced in Britain, lawyers who argued on opposite sides of a case often used crude, coarse, unguarded putdowns to undermine each other. So, “learned friend”—or its many variants—is merely a term of courtesy, an invitation to conviviality, not an indication of professional arrogance. It also helps lawyers to avoid calling the names of people in court. Many Nigerian lawyers don’t seem to know this.

 American lawyers, interestingly, don’t call each other “learned friend” or “learned colleague,” nor do they call their profession a “learned profession” or, worse, the “only learned profession”—as some puffed-up Nigerian lawyers tend to do.

“My learned friend” is similar to how American senators address their colleagues as “distinguished senator” out of conversational courtesy—even when the colleagues may not really be “distinguished.” The Nigerian use of “distinguished senator” obviously owes lexical debt to America since, in any case, our democracy is modelled after theirs.

 However, only Nigerian senators capitalize the first letters in the expression, make it an honorific, and prefix it to their names, such as “Distinguished Senator (First name) (Last name).” In fact, “distinguished” has now become a standalone title, treated as if it were a noun, and used as a form of address. This would strike Americans, from whom it's borrowed, as rather quaint and comical.

In American English, the phrase typically occurs this way: “I disagree with the distinguished senator from Georgia” or “The distinguished senator from Oregon made a great point,” etc. In other words, “distinguished senator” is only a phrase, not a title, and is typically used in a sentence to politely signal disagreement or agreement during parliamentary debates. “Distinguished Senator (First name) (Last name)” is as ridiculous as lawyers being addressed as “Learned Friend (First name) (Last name).”

I like Dr. Bello’s choice of words to describe his knowledge base in relation to lawyers: “‘unlearned’ scientific background.” That’s an interesting lexical paradox that unintentionally pokes fun at the empty epistemic conceit of Nigerian lawyers who say only they are “learned.” Science literally means "knowledge, learning, application,” and is derived from the root word scire, which means "to know." If a scientist is “unlearned” because he isn’t a lawyer, I leave you to guess who is the ignorant one. 

Drama ensued at the House of Representatives Ad-hoc Committee investigative hearing on Thursday as a construction company, DC Engineering Limited accused officials of the Federal Ministry of Works of inflating a road contract from N9.8 billion to N54.3 billion.

Construction and rehabilitation of 41-kilometre Ijebu-Igbo Ita Ibadan Road has been halted for over five years after its award of contract and became a source of deep concern leading to the setting up of an Ad-hoc Committee by the Speaker, Rt. Hon. Tajudeen Abbas.

The Executive Director of DC Engineering Ltd, Engr. Ade Adedeji who was summoned for appearance by the Chairman of the Committee, Hon. Kwamoti Bitrus Laori, revealed in full glare of the public that the contract was supposed to be completed within two years but it took the Federal Ministry of Works five years (2018 to 2023) before it was able to pay 15 percent mobilisation fund of N1.3 billion.

Armed with documents, including the letter of the award of contract, Engr. Adedeji alleged that having been inflated, it became a challenge for the Federal Government to fund the project.

“The slow pace of work was due to lack of release of funds,” he said.

According to him, the 15 percent mobilisation fee was paid in several instalments until about a few weeks ago when the last instalment of the 15 percent was paid.

Adedeji said his company had approached the Ministry of Works to review the contract sum from N9.8 billion to at least N14 billion due to the high cost of materials, but the ministry of works refused.

He said they were surprised to notice that the same ministry that refused to review the contract upward to at least N14 billion, re-awarded the same contract to AREATECH Construction Ltd at the sum of N54.3 billion without the termination of their contract.

The Director of Highways South, Federal Ministry of Works, Engr. Adedamola Kuti, who represented the ministry before the committee, said the ministry had terminated the contract of DC Engineering since September 2022.

He was, however, silent on why they refused to review the contract sum upward to at least N14 billion as requested by the DC Engineering but went ahead to re-award the same contract to another company, AREATECH Construction Ltd at the sum of N54 billion.

When asked to provide the details – letter of termination of contract with DC Engineering Ltd, certificate of no objection from the Bureau of Public Procurement (BPP) to AREATECH Construction Ltd and Federal Executive Council’s approval letter, he promised the probe panel that he will go and come back.

In the submission of the Solicitor, Tolu Babaleye & Co on behalf of the DC Engineering Ltd, the company alleged that the activities of Hon. Tolulope Akande Sadipe, a member representing Oluyole Federal Constituency of Oyo State, has been frustrating the efforts of his client to execute the project.

“Our Client is also very much aware of the activities of Hon. Tolulope Akande Sadipe, a member representing Oluyole Federal Constituency whom our client informed us has turned to a torn in its flesh and who has been promoting AREATECH Construction Ltd as contractor to the Federal Ministry of Works and Housing for the contract to be re-awarded to the said company for a reason best known to her.

“This vexed issue is known to everyone in the ministry, especially two particular directors working hand in hand with them and all attempts have been made to re-award the contract for the sum of 54.3 billion Naira from the initial contract of 9.8 billion Naira to AREATECH Construction Ltd whom we understand had signed an agreement with the ministry and had submitted advance payment guarantee from its bank.

“This is a big distraction to our client. Please note that our client wrote for an upward review of this contract sum to an amount far below 54.3 billion Naira but the request was ignored and yet some people in the ministry wanted to re-award the job to someone else for 54.3 billion Naira all in a desperate attempt to defraud the Federal Government of Nigeria,” the Solicitor to DC Engineering Ltd said in a statement submitted to the ad hoc committee.

Responding to the allegation of Hon. Sadipe’s involvement in the contract, the Director of Highways South, Federal Ministry of Works, Engr. Adedamola Kuti denied having any deal with Sadipe.

However, he admitted sending her a congratulatory message after she emerged victorious in the last general election.

Sadipe also denied having any relationship with the contractor, AREATECH Construction Ltd, threatening lawsuit over the allegations against her.

The Chairman of the Ad Hoc Committee, Hon. Kwamot Bitrus Laori said the committee is not witch-hunting anyone but to ensure they get to know the cause of failure of the road project and the way forward.

He allayed the fear of the DC Engineering Ltd, that the company will not get justice from the probe panel since Sadipe is also a member of the parliament and a mover of the motion resulting in the setting up of the ad hoc committee.

Laori said though the committee was set up at the instance of Sadipe’s motion, she is not a member of the committee and she has been excluded from all the committee’s activities except her invitation to respond to the allegations against her.

On Engr. Adedamola Kuti’s position that the contract of DC Engineering Ltd with the Federal Ministry of Works has been terminated in September 2022 and that the company is owing the ministry, the committee was thrown into a confusion when the Executive Director of DC Engineering Ltd, Engr. Ade Adedeji said the ministry had just paid some amount of money to them about two weeks ago as part of the 15 percent mobilisation fee.

When Laori asked the host communities of the said project to clarify which company is now handling the project or whether no contractor is on site, the Chairman of Olojuoro Road Joint Communities Forum, Oluyole LG, Oyo State said, “We are not aware of any contractor on the site apart from DC Engineering Ltd. Their equipment as at July, 2023 were on the site doing ‘palliative work’.

“I called it palliative work because it is only the critical aspect of the job we wanted them to do; there is no fund according to them to do everything.”

Our correspondent learnt that the present Minister of Works, Senator David Umahi in a recent meeting with the contractors and some top officials of the ministry warned against sharp practices and shady deals.

Engr. Kuti also confirmed the meeting between Umahi, contractors and top officials of the ministry but did not give any detail about it.

The representative of the Public Complaints Commission, Hon. Asuwaju Folawuyo Bello, (Commissioner, Oyo State) blamed the mess of the Nigerian Roads on the activities of the ministry of works officials.

Bello, who said they have received several complaints over the said project, expressed dismay on how a project that is supposed to be completed within 24 months (two years) will take the Federal Ministry of Works five years to pay only 15 percent of the contract sum.

The ad hoc committee chairman, Laori directed the Federal Ministry of Works and all other relevant parties to submit the required documents to the committee’s secretariat before or on Monday 11 September, 2023.

The committee then adjourned sine die.

[DailyPost]

Following the outcome of the 2023 presidential election and the judgment of the Presidential Election Petitions Tribunal on Wednesday, Nigeria finds itself at a crucial juncture.

 

The focus has now shifted to how Nigeria can improve its electoral system to foster a stronger democracy. Saturday Vanguard shares the opinions and insights of key stakeholders, highlighting their
recommendations for reform.

 

Amend 1999 Constitution, Electoral Act —Obi, ICPC’s Head of External Cooperation Kingsley Obi, the Head of External Cooperation at ICPC, shared his perspective on the matter.

He expressed his disappointment, stating that it was a missed opportunity for greatness and progress in Nigeria’s 24 years of democracy.

He attributed this setback to the failure of politicians, INEC, the government, and the masses to abide by the rules. Obi emphasized the significance of addressing the 2023 elections’ outcome as a critical national issue, urging decisive steps to be taken.

“I speak as one who voted with great expectations and also encouraged others to do so. We monitored the election and submitted a report,” he said.

When asked about his vision for Nigeria’s future, Obi passionately replied, “I love the dreams of the future more than the history of the past.” His words reflected a strong belief in the potential of Nigeria to overcome its challenges and forge a better future. So, what is the way forward? He agreed that amending the Electoral Act and the 1999 Constitution are a crucial step.

He said, “The Electoral Act should be amended to include sanctions for the following: false declaration of election results,requiring government appointees to resign before joining a campaign council, punishment for not uploading election results in realtime, penalties for the late arrival of materials, sanctions against law enforcement agents who aid in election rigging or disruption, and a revised election timetable for both parliament and the executive branch.

Additionally, the Constitution should be amended to include the following provisions: no swearing-in of elected officials until all pending cases are resolved, the implementation of time limits for the resolution of election-related cases, similar to the system in Kenya, the establishment of a mandatory schedule for election-related cases with a timeline for their conclusion, and the creation of an independent electoral offenses commission.”

 

Make electronic transmission of results mandatory —Adeyanju

Similarly, Deji Adeyanju, a renowned activist and legal scholar, argues that the Electoral Act (2022), as amended, is not yet watertight. He suggests that further amendments are necessary to enforce the mandatory electronic transmission of election results by the Independent National Electoral Commission (INEC).

Adeyanju said, “Whenever discretionary powers are bestowed upon an individual or institution, that entity is free to exercise their discretion in any manner they choose. We must amend the electoral act to require the compulsory electronic transmission of results from polling units on Election Day. I have previously expressed my concern when people were celebrating the amendment of the electoral act, as it granted INEC discretionary powers regarding the electronic transmission of results.

We must further amend the Electoral Act to mandate exclusively electronic transmission of results for all elections in the country.”

Let truth be prioritized in managing future elections — Okutepa, SAN

ToSenior Advocate of Nigeria (SAN), Jibrin Okutepa, Nigeria’s democracy is at a crossroads. He believes that although the country has made progress over the years, there are still several areas that require urgent attention.

According to Okutepa, Nigerians are well aware of the excruciating pains experienced by petitioners in dealing with the Independent National Electoral Commission (INEC). He suggests that Nigeria would greatly benefit from consistently upholding truth in the management of its affairs.

 

“Nigerians know the excruciating pains petitioners go through in the hands of INEC and how pink copies of election results are not always given to agents of parties in most cases. Nigeria will do itself well if at all times it upholds truth in the running of its affairs,” he said.

INEC independent, accountable to Nigerians —Effiong

In the same vein, Barr Inibehe Effiong, a public interest lawyer, suggests that while INEC is independent, it is essential to hold it accountable for violating its own guidelines in order to enhance the electoral system. He made this statement in light of the judgement of the Presidential Election Petition Court, which affirmed that INEC cannot be compelled to transmit its results electronically, despite making a promise to Nigerians to do so prior to the elections.

Effiong argued that, “Public funds were allocated for this purpose, and INEC relied on the integrity of the entire election through the use of BVAS for accreditation and result transmission. However, INEC has not faced condemnation or criticism for violating its own guidelines and promises. I do not believe that this is the appropriate behavior for a country that seeks to be taken seriously.”

Role of technology in electoral process cannot be overlooked —Dr. Karim, NISS Director

Dr. A. A. Karim, Director of Research Estimate and Library Services/ Head of the Postgraduate School at the National Institute of Security Studies, Abuja, believes that leveraging technology can enhance transparency and efficiency.

He said, “There is a need for INEC to improve the deployment of BVAS and technology to prevent failures in future elections. INEC’s technology experts and consultants should study BVAS and work on enhancing its workability and security, especially in the area of result transmission, leading up to the 2027 general elections.

 

This should be done in collaboration with all stakeholders, including technical suppliers and partners. Special security measures should be implemented to protect BVAS machines at polling units, in order to prevent incidents of snatching and theft by thugs or hoodlums.

There should be improved training and retraining of BVAS operators, as well as the deployment of a technical team to promptly address cases of malfunction.”

Strategic implementation of cashless policy, civic education ‘ll help —Acting EFCC

Chairman, Chukkol For Abdulkarim Chukkol, the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), voter education and civic engagement, particularly in countering vote-trading, along with the strategic implementation of a cashless policy, are critical components in strengthening Nigeria’s electoral system.

He emphasized that, “we must continue to raise awareness among Nigerian voters about the detrimental effects of vote-buying, as it contributes to poor governance.

Furthermore, we should advocate for significant reforms to impose stricter penalties for vote-trading. If the cashless policy is strategically planned and implemented, itwill serve as a valuable tool in curbing vote-buying.”

We must build capacity to manage election crises—Akobundu, AUDA-NEPAD boss

According to Princess Gloria Akobundu, the Chief Executive Officer of African Union Development Agency (AUDA-NEPAD, Nigeria must invest in building the capacity of stakeholders to manage electoral crises.

“We must assess how well the campaigns and sensitization efforts prior to the election have influenced the peaceful conduct of elections in Nigeria, and also enhance the capacity of the relevant stakeholders in managing pre- and post-electoral crises,” she stated.

Nigeria’s quest for a better democracy requires comprehensive reforms to the electoral system. The outcome of the 2023 presidential election and subsequent judgment have shed light on the urgent need for change. By amending the Electoral Act, granting more autonomy to INEC, empowering citizens through education, and fostering a culture of integrity in politics amongst other reforms, Nigeria can pave the way for a brighter democratic future.

As Kingsley Obi, ICPC’s Head of External Cooperation, aptly stated, ‘I love the dreams of the future more than the history of the past’, it is time for Nigerians to come together and work towards achieving those dreams.

[Vanguard]

President Bola Tinubu says he will do everything within his constitutional powers to ensure that the Nigerian military is well-resourced and fit-for-purpose in the duties of protecting the nation.

Tinubu, represented by Mohammed Badaru, minister of defence, spoke on Friday during the graduation of participants of the National Defence College (NDC) Course 31 in Abuja.

Tinubu said the Nigerian armed forces represent one of the finest institutions that the nation could be proud of.

He added that the government would continue to appreciate the sacrifice and patriotism of the gallant men and women of the military.

 

The president congratulated the commandant and college management team for working hard to grow and empower such a crop of strategic leaders.

He said the college has continued to produce military and civilian leaders who are intellectually sound, courageous, patriotic and of high integrity.

Tinubu added that the college’s unique style of consolidated knowledge through a broad thematic area has helped in finding sustainable solutions to national security and development problems in Africa and beyond.

 

He expressed confidence that the graduates of course 31 would bring the knowledge, expertise and skills acquired during the course to help in finding solutions to current and emerging security and developmental challenges in the country.

“Our dear country is faced with a plethora of challenges, including insecurity, social economic hiccups, climate change and migratory issues, ‘the so-called Japa syndrome,” NAN quotes Tinubu as saying.

“We are confronted by systematic corruption, crude oil theft, reduced national productivity, weak infrastructure, weak revenue base, and rising domestic and external debt among others.

“Those challenges demand creative and purposeful driving leadership to mitigate.

 

“Since coming into office, I have rolled up my sleeves myself to confront and address them frontally and we shall overcome with the special grace of God.

“I must admit that those challenges will require the deployment of knowledge and insight you have acquired from this college.”

The president said he rejigged the leadership of the armed forces and police among others to usher in a fresh perspective to deal with the security challenges in the country.

He asked the participants to go back to their respective services and agencies and align with the visions of the new leadership.

 

Tinubu said the world is currently faced with myriads of threats such as the disruptive effect of emerging technologies, cyber threats, and unconstitutional change of government in the African sub-region.

He called on the military to help the governments build resilience against the recent spate of the democratic recession in West Africa and build stronger assistance to mitigate all the challenges.

 

“I am banking on you to provide creative leadership solutions towards addressing those national, regional and global challenges,” he added.

The president also pledged to ensure the completion of the college’s permanent site before the end of his first term to enable the institution to conveniently transmute into a full-fledged defence university.

[TheCable]