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Supreme Court Justice, Chima Centus Nweze dead
Justice Chima Centus (CC) Nweze of the Supreme Court of Nigeria has been reported dead.
DAILY POST learnt that Justice Nweze died on Sunday at the age of 64.
However, the Supreme Court is yet to confirm his death as of the time of filing this report.
DAILY POST recalls that Justice Nwaeze had, in a dissenting judgement in 2020, declared Emeka Ihedioha of the People Democratic Party, PDP, winner of the 2019 Governorship election in Imo State.
Also, in a split judgement of three-against-two, Nweze delivered the controversial judgement of the Supreme Court which declared then Senate President, Ahmad Lawan as the authentic candidate of the All Progressives Congress, APC, for Yobe North Senatorial District for the 25 February general election.
Justice Nweze, a native of Obollo, Udenu Local Government Area of Enugu State, was born on September 25, 1958.
In 2014, Former President Goodluck Jonathan’s administration approved the recommendation of the National Judicial Council (NJC) to appoint Nweze to the supreme court.
[DailyPost]
EFCC, Police, Judiciary Probing Alleged N125b Army Shopping Complex Fraud
Businessman, Banks, Lawyer, Army Generals Others Suspected
No Comment From Suspect
Security agencies, the military, the judiciary and the Central Bank have launched a probe over an alleged N125billion fraud affecting a 24-year concession agreement with the Nigerian Army Shopping Complex – The Arena at the Ikeja Cantonment, Lagos.
It was gathered that investigators from the Police, Economic and Financial Crimes Commission (EFCC) and the Central Bank of Nigeria(Bankers Committee) are separately examining allegations linking a businessman Mr. Whoba Ogo, a lawyer, very senior officers of the army, bankers and a security firm, among others, to the crimes.
Mr. Ogo did not respond to our correspondent’s enquiries on his Facebook page and on WhatsApp. He also did not acknowledge a question sent to his official mobile line by text message.
Investigators, it was learnt, have also linked the crime to a major foreign exchange racketeering involving some commercial banks in violation of CBN FOREX regulations.
Several sources close to the investigation, told our correspondent that the security agencies are discovering evidence for money laundering, advance fee fraud, forgery, stealing and criminal conspiracy and conversion of over N125billion against Ogo and the other suspects.
Our investigation shows that Mr. Ogo is believed by investigators to have fled the country with his family to The United States of America (USA).
It was also learnt that the N125b, and counting, is the property of a firm, Woobs Resources Limited whose Managing Director/Chief Executive Officer, Arc. James Onyemenam, has already petitioned the Inspector-General of Police (IGP) and the EFCC
Onyemenam, it was gathered, has also filed and won suits against Ogo at the Lagos Court of Arbitration and the Federal High Court of Nigeria while another suit is pending at the Court of Appeal.
Our informants within the EFCC and NPF, on oath of anonymity, reported that very senior politicians and high-level government functionaries have been procured to extinguish the ongoing investigation or scuttle this matter by every means, which with the benefit of hindsight may not be unconnected with the delays noticed with securing justice from the courts and enforcing such judgment. Our correspondents are also investigating roles of these institutions in the matter and why it has taken almost 12 years to resolve the matter, despite judgments from a court of competent jurisdiction
In two of the petitions that prompted the investigation, seen by our correspondents, Onyemenam urged security agencies to get to the root of the matter.
He identified Ogo as his former business partner and minority shareholder, who connived with several accomplices to unlawfully remove him from the firm, to clear the way to defraud the company.
Onyemenam, an architect, said the fraud was committed in the course of the company’s execution of the 24 years concession to design, finance, construct and operate a modern market (the Nigerian Army Shopping Complex – The Arena) at the Ikeja Cantonment, Lagos.
In his petition, he told the IGP and the EFCC Chairman that Ogo in connivance with several accomplices, including bank officials criminally converted the money belonging to the company and has been using same to acquire properties in Nigeria and abroad.
According to him, Ogo absconded with his family to Texas, the USA over 23 months ago immediately the EFCC commenced its investigation in May 2021, from where he has continued to carry out his illegal activities.
Several sources confirmed to our correspondent the claim that Ogo had fled abroad.
The CEO appealed to the IGP to direct investigation into the case with a view to arresting and prosecuting the suspects, if the investigation finds them culpable.
Onyemenam, a majority shareholder in the firm, made the allegations in a May 18, 2023 letter to the IGP titled “Complaint of criminal conspiracy to wit: money laundering, advance fee fraud, forgery, stealing and criminal conversion of the sum of N125billion and counting, property of Woobs Resources Limited against one Whoba Ogo and others.’
He said: “Mr. Whoba Ogo (a director and minority shareholder of the company) and I entered into a Joint Venture Agreement (JVA) by which we agreed to use the company as the joint venture vehicle to bid for and execute The Arena project for the Nigerian Army;
“I am aware that as from 2009 to date the suspect Whoba Ogo and others have conspired amongst themselves together and with the company’s banks to criminally convert the sum of N125 billion and still counting using the same to acquire properties all over Nigeria and abroad.
“As the majority shareholder and Managing Director/Chief Executive Officer of the company, I hold 275,000 shares out of the company’s issued share capital of 500,000 shares.”
He explained that the Nigerian Army granted the company a 24 years concession to design, finance, construct and operate a modern market (the Nigerian Army Shopping Complex – The Arena) located at the Ikeja Cantonment, Lagos on a Build, Operate and Transfer basis.
The Arena, with all its infrastructure, is expected to be transferred back to the Nigerian Army at the expiration of the 24 years and 2 two years construction moratorium.
It was also noted that the financing of the project was carried out with borrowed funds from his banker, Messrs. Oceanic Bank International Plc (now Ecobank Plc) and other creditors (ie. contractors and consultants).
He added: “I got a final award dated 6 March, 2015 from an arbitration tribunal.”
The tribunal Award, seen by our correspondent in the petition, decided that:
The Joint Venture between Mr. Whoba Ogo and James Onyemenam is valid, enforceable and subsisting.
James Onyemenam is the holder of 275,000 out of the 500,000 fully paid up shares of the company.
The resolution by which Mr. Whoba Ogo purported to remove James Onyemenam as Managing Director/Chief Executive Officer of the company is contrary to the Joint Venture Agreement and is consequently set aside.
James Onyemenam remains the Chief Executive Officer and Managing Director of the company. Sterling Chambers (Barristers and Solictors) remain the Company Secretaries of the company.
The petitioner noted that furthermore, the Federal High court in Lagos in a judgment delivered by Justice Faji on 27th April, 2020, dismissed Ogo’s application to set aside the arbitral award and granted his application for the enforcement of the said Award as well as perpetual injunction restraining Whoba Ogo from obstructing his contractual rights.”
He accused Ogo, one Victor Ukutt of Victor Ukutt and co, Col Kingsley Umoh and his security company of illegally taking over The Arena since October 2011, saying they are still perpetuating illegalities in the management of the Arena, “in clear violation of the aforementioned court judgment. The revenues generated from the Arena since 2011 are being criminally diverted to other private purposes.”
He alleged that the suspects fraudulently opened several new bank accounts without the Board of Directors’ resolution so that they can divert the company’s funds, changed the mandates of the company’s accounts with several listed banks of which they are joint signatories without the approval of the Board of Directors of the company.
It is indeed suspected that some bank officials are in collusion with the the alleged suspects in illegally operating accounts without the appropriate mandates from the directors of the company.
He said Ogo, his wife and Ukutt were illegally diverting proceeds from the Arena using shell companies to launder the proceeds of their crimes.
He alleged that it is from the proceeds of these illegal transactions that Mr. Whoba Ogo and his wife Safiya Ogo acquired the following properties listed in the petition: Sandworth Court Arepo, Sandworth Court Ajah, Sandworth Court Karu, L’arcade Mall Owerri, L’arcade Guest House Owerri, Sandworth Garden, Owerri, A parcel of land located at Ibeju Lekki, Land located at Ibeju Lekki containing 488 plots, Plot 87 Oyediran estate, Yaba Lagos, Block 80 Flat 2 Glover estate, Ebute Metta Lagos, 30.63 hectares of land located at Ibah, Lagos, 4808 Coventry Lane, Arlington TX 76017 Texas, USA and Pent floor apartment at Lekki Phase 1, amongst others.
Don’t Send Troops To Our Country - Niger Coup Leaders Warn ECOWAS
Niger’s military leaders have warned the Economic Community of West African States (ECOWAS) not to send troops to the Republic of Niger.
General Abdourahmane Tchiani, also known as Omar Tchiani, and the chief of Niger’s presidential guard, declared himself leader while the country’s elected president, Mohamed Bazoum, has been held by the military since the coup took place last week.
The military leaders in Niger warned against any military intervention in a statement read on Niger national television.
“The objective of the ECOWAS meeting is to approve a plan of aggression against Niger through an imminent military intervention in Niamey in collaboration with other African countries that are non-members of ECOWAS, and certain Western countries,” Aljazeera quoted the military spokesperson, Colonel Amadou Abdramane, to have said.
During the meeting, the regional body issued a seven-day ultimatum to the military junta in Niger to reinstate President Bazoum as democratically elected President or face a range of stiff sanctions.
It also tasked all Chiefs of Defense Staff of the member-states to proceed for an emergency meeting to strategize on effective ways to implement a possible military operation to restore constitutional order to office.
ECOWAS, which recognised Bazoum as the legitimate President of the nation, threatened to impose land border closures and no-fly zone conditions on Niger Republic should the military coup masterminds fail to heed its ultimatum.
This was the resolution of the Extraordinary Session of the Authority of Heads of State and Government of the ECOWAS, which held on Sunday at the Presidential Villa, Abuja.
According to the President of the ECOWAS Commission, Omar Touray, who read the communiqué, the body “call for the immediate release and reinstatement of President Mohamed Bazoum as President and Head of State of the Republic of Niger and for the full restoration of constitutional order in the Republic of Niger.
“Reject any form of resignation that may purportedly come from His Excellency, President Mohamed Bazoum; considered the illegal detention of President Bazoum as a hostage situation and hold the authors of the attempted coup that are solely and fully responsible for the safety and security of His Excellency President Mohammed Bazoum, as well as members of his family and government.
“In the event the Authority’s demands are not met within one week, take all measures necessary to restore constitutional order in the Republic of Niger.
“Suspension of all commercial and financial transactions between ECOWAS Member States and Freeze all service transactions including energy transactions. Freeze assets of the Republic of Niger in Aqua Central Bank. Freeze of assets of the Niger and the state enterprises and parastatals in commercial banks.
“Suspension of measure from all financial assistance and transactions with all financial institutions, particularly EBID”, he said
We Are Not Going On Strike – NLC Tells FG, Reveals Plan
The Nigeria Labour Congress (NLC) has told the Solicitor-General of the Federation and Permanent Secretary, Ministry of Justice that it does not plan on going on strike or carrying out any industrial action.
Naija News reports that organised labour had proposed to carry out protest on Wednesday, August 2, over the removal of subsidy on petrol, its attendant hardship on Nigerians and the inability on the government to roll out palliatives to cushion the harsh effect of the stoppage of subsidy payment.
Ahead of the protest, the Solicitor-general of the federation had stated that if the NLC carry on with its plans it would be disobeying a subsisting court order.
But in a letter from the Falana Chambers to the Permanent Secretary/Solicitor -General with the title, ‘Re-NLC in contempt of court,” signed by Sam Ogala Esq., the NLC pointed out that there is no order be it interim, interlocutory or perpetual order from either the National Industrial Court, or any other court restraining Nigerian workers from participating in peaceful rallies convened by it.
According to the NLC, there is a subsisting judgement that the right to demonstrate and to protest on matters of public concern are rights that are in the public interest which individuals must possess and exercise without impediment as long as no wrongful act is done.
The letter read in parts, “In your reaction to the decision of Nigerian workers to participate in peaceful rallies to protest the worsening economic crisis in the country you were reported to have accused the leaders of the Nigeria Labour Congress of treating the order of the National Industrial Court with contempt.
“Contrary to your unwarranted allegation, the Nigeria Labour Congress does not intend to disobey the ex parte order of the National Industrial Court to the effect that “The defendants/Respondents are hereby restrained from embarking on the planned Industrial Action/or strike of any nature, pending the hearing and determination of the Motion on Notice dated 5th June 2023.”
“You will agree with us that the National Industrial Court or any other Court has not granted an order of interim, interlocutory or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the Nigeria Labour Congress.
“Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an Industrial action or strike of any nature, you ought not have threatened our client with contempt of court.
“It is pertinent to draw your attention to the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65 where the Court upheld the fundamental right of Nigerians to protest without police permit. In the leading judgment of the Court, Justice Adekeye said as follows:
“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.
“If as speculated by law enforcement agents that breach of the peace would occur our criminal code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society. Finally, freedom of speech and freedom of assembly are part of democratic rights of every citizen of the republic; our legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.
“Having advised the Nigeria Labour Congress and its allies to conduct the rallies peacefully, you may wish to advise the Nigeria Police Force to comply with section 83(4) of the Police Establishment Act 2020, which “where a person or organization notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to , the police officer responsible for the area where the meeting rally or procession will take place shall mobilize personnel to provide security to provide security cover for the meeting, rally or the procession.”
[OPINION] President Tinubu: Set the captives free! - Owei Lakemfa
Violence was expected last Friday, July 28, 2023 when the Shia population in the country marked the Ashura Festival held worldwide by the Shiites. The prediction almost did not come to pass but for a last minute duel near the Wuse Market, Abuja when as usual, armed security men engaged the Shiites, and bullets flew.
No, it is not as if the Shiites are bounded to violence, but the security services, including the armed forces, seem to have locked it in their brains that the Shiites will always be violent, so a counter-force must be on ground. It is like a cat and mouse game and the mouse cannot plead innocence even if the facts on ground supports its claim. Even if the Shiite processions are peaceful, the security services assume they have a duty to disperse them because the latter would not have taken permission from the police.
Yet, the Constitution grants every Nigerian the right to peaceful assembly and movement. Some may ask: why do the Shiites not give peace a chance by not holding street processions? The answer is simple: it is part of their religious tradition, especially Ashura, a day of mourning which commemorates the beheading of Imam Hussain bin Ali in Karbala, in today’s Iraq in 680 CE. So long as the Shiites do not endanger public peace nor infringe on the constitutional rights of other Nigerians, they should have the right to practise their religion.
A primary problem we are faced with today emanates from our cumulative 29-year military rule during which public processions must be licensed by the state, otherwise, it would be seen as a challenge to the government in power. Maximum force is then used to subdue or subjugate the marchers or protesters.
Tragically, the shootings during such encounters are indiscriminate and passers-by sometimes fall victim. For example, on January 21, 2020, a journalist, Alex Ogbu of Regeant Africa Times who was covering a Shiite procession at the Berger Roundabout in Abuja, was killed when a police officer shot him in the head.
It is difficult to give an accurate statistics of how much Shiite blood has been shed in our streets. But Senior Advocate of Nigeria Femi Falana had on Monday, November 5, 2018 petitioned the National Human Rights Commission to investigate the extra-judicial killing of 492 members of the Islamic Movement of Nigeria, IMN, the main Shiite group within four years by the Nigerian Army and the Nigeria Police Force.
In one encounter on December 12, 2015, 348 Shiites were killed by the army in Zaria for allegedly blocking the convoy of the Chief of Army Staff. Two days later, the army shot Shiite leader, Sheik Ibraheem Elzakzaky and captured him and his wife, Zeenat. The couple have remained in detention for eight years now despite at least four court orders, including that by the international ECOWAS Court setting them free.
The Shiites of course are not angels; they commit infractions. But whenever they do, they should be charged to court rather than government resorting to illegalities and extra judicial massacres.
The two-month-old Tinubu administration need not inherit the alleged enemies of past administrations; it should set Zakzaky and other Shiite detainees free in accordance with the lawful orders of the courts. This will send a clear message to the police, security forces and the military that the Shiites are not the enemies of Nigeria.
In any case, if the leaders of Saudi Arabia and Iran who lead the two main Islamic tendencies, the Sunni and the Shia, have closed ranks and signed peace agreements, there is no reason why the Nigerian state should be seen perpetuating a war against the Shiites.
Nnamdi Okwu Kanu, the 55-year-old leader of the Indigenous People of Biafra, IPOB is another political prisoner that should be set free. He was illegally abducted in Nairobi, Kenya on June 18, 2021 and has since been detained by the SSS. He had previously been arrested on October 14, 2015 and granted bail on April 28, 2017. After his home was raided in September 2017 by the military, during which 28 IPOB members were allegedly killed, he fled the country.
It is true that Kanu is a separatist leader who advocates for the secession of Eastern Nigeria, if necessary, by force of arms, and he is uncouth. But the fact remains that he is a political prisoner who should be protected under our laws and international conventions. Cases such as Kanu’s are better handled politically, especially when we have millions of Nigerians who as Igbos, believe rightly or wrongly, that they are marginalised and treated as second class citizens in the land of their birth.
Holding on to Kanu indefinitely or jailing him would not resolve our National Question. Rather, it can further complicate matters. I reiterate that the Tinubu administration does not need to inherit the enemies of the Buhari administration. Also, the issue is to address the question of marginalisation raised and how to drastically reduce or curb the serious insecurity, social and economic crises this has engendered especially in Eastern Nigeria.
We should also learn from how we handle separatist agitators. For example, after the country returned to civil rule, the Movement for the Actualisation of the Sovereign State of Biafra, MASSOB led by Ralph Uwazuruike emerged in 1999. When it was repressed, a more intemperate breakaway faction, the Biafra Zionist Movement , BZM, led by Benjamin Onwuka emerged in 2010.
After the BNM attacked the Government House, Enugu on March 7, 2014, and later, the Enugu State Broadcasting Service, it was repressed and Onwuka was imprisoned for three years. That same year, a more virulent strain, the IPOB emerged; and with Kanu’s abduction, the most violent separatist, Simon Ekpa has emerged. Unlike Uwazurike, Onwuka and Kanu who operated in Nigeria, Ekpa is operating from Europe with Finland as base.
The case of Yoruba separatist agitator, Sunday Adeyemo, a.k.a. Sunday Igboho, is the most straight forward. The Buhari administration could not check banditry in the country and Igboho decided to lead a self-defence movement in Western Nigeria. The SSS in the early hours of July 1, 2022 invaded his home in Soka, Ibadan. The SSS claimed there was a “hot gun duel” Igboho fled to Benin Republic where that country’s authorities arrested him and his wife while trying to board a flight to Germany.
The Benin government eventually gave him a conditional release from prison, but have kept him in the country. A simple amnesty is required for Igboho so he can be free to return home.
The simple advice to the Tinubu administration is: set all political prisoners free while also addressing the grievances of the Nigerian people.
No court order stopping us from peaceful protest, NLC tells FG
The Nigeria Labour Congress, NLC, has told the Solicitor-General of the Federation and Permanent Secretary, Ministry of Justice, that there is no order, be it interim, interlocutory or perpetual, from either the National Industrial Court or any other court restraining Nigerian workers from participating in peaceful rallies convened by it.
It also reminded the Federal Government, through the Solicitor-General, that there is a subsisting judgement that the right to demonstrate and protest on matters of public concern was in the public interest, which individuals must possess and exercise without impediment as long as no wrongful act was done.
The Labour Centre stated these via a letter from Falana chambers to the Permanent Secretary/Solicitor-General, with the title ”Re-NLC in contempt of court,” signed by Sam Ogala Esq.
The letter is coming on the heels of organised labour’s proposed protest for Wednesday, August 2, over the removal of subsidy on petrol, its attendant hardship on Nigerians and the inability of the government to roll out palliatives to cushion the harsh effect of the stoppage of subsidy payment.
The letter read: “In your reaction to the decision of Nigerian workers to participate in peaceful rallies to protest the worsening economic crisis in the country, you were reported to have accused the leaders of Nigeria Labour Congress of treating the order of the National Industrial Court with contempt.
“Contrary to your unwarranted allegation, the Nigeria Labour Congress does not intend to disobey the ex parte order of the National Industrial Court to the effect that ‘The defendants/Respondents are hereby restrained from embarking on the planned industrial action/or strike of any nature, pending the hearing and determination of the Motion on Notice, dated June 5, 2023.’
“You will agree with us that the National Industrial Court or any other court has not granted an order of interim, interlocutory or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the Nigeria Labour Congress.
“Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an industrial action or strike of any nature, you ought not to have threatened our client with contempt of court.
“It is pertinent to draw your attention to the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65 where the court upheld the fundamental right of Nigerians to protest without police permit. In the leading judgment of the court, Justice Adekeye said as follows:
“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.
“If as speculated by law enforcement agents that breach of the peace would occur, our criminal code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.
”Finally, freedom of speech and freedom of assembly are part of democratic rights of every citizen of the republic; our legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.
“Having advised the Nigeria Labour Congress and its allies to conduct the rallies peacefully, you may wish to advise the Nigeria Police Force to comply with section 83(4) of the Police Establishment Act 2020, which states that ‘where a person or organization notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting rally or procession will take place shall mobilize personnel to provide security cover for the meeting, rally or procession.”
[Vanguard]
Hoodlums Stealing Senators’ Phones, Valuables in N’Assembly Premises — Akpabio
Senate President Godswill Akpabio, has raised the alarm that hoodlums were invading the National Assembly complex to harass and steal lawmakers’ valuables.
Akpabio, who claimed the lawmakers now feel threatened by their presence, said as the 10th NASS settled down for legislative activities, hoodlums and people who did not have any business in the premises had been invading the federal parliament.
According to him, the uninvited guests loitered without apparent purpose all over the Senate and the House of Representatives wings, and that the hoodlums constituted themselves as nuisance by harassing lawmakers and staff of the National Assembly.
Akpabio stated this, when he received in audience members of the National Assembly Service Commission, who paid a courtesy call on him at the NASS complex, in Abuja.
The Senate President’s lamentation came after the remarks by the Chairman of the NASC, Ahmed Kadi Amshi, who presented the challenges faced by the Commission and other issues to him.
“We are aware that the entire complex is under renovation. We must also look after the environment. It is not all about the staff, we will like to see a cleaner environment and a secure complex. A lot of Senators have lost their telephones, because of the influx of people into the complex,” Akpabio said.
He explained that President Bola Tinubu would in December, inaugurate the N30bn worth different ongoing projects at the National Assembly.
“The entire Complex of the National Assembly is like a construction site now due to ongoing general renovation work and fresh projects which would on completion, be commissioned by President Bola Ahmed Tinubu in December this year. Aside the general renovation work, part of new edifices being put in place, is the permanent office complex of the National Assembly Service Commission and very befitting Library Complex,” he said.
Tribunal: INEC, Tinubu, Atiku, Obi to adopt final addresses Tuesday
The Presidential Election Petition Court, PEPC, sitting in Abuja, is getting set to deliver its judgement on the three petitions seeking to nullify the election of President Bola Tinubu.
As a precursor to the fixing of the judgement date, Justice Haruna Tsammani-led five-member panel has directed all the parties to appear before it tomorrow to adopt their final briefs of argument.
The court, in a notice sent to the parties, invited them to adopt their written address with respect to the petition lodged against President Tinubu by the former Vice President and candidate of the Peoples Democratic Party, PDP, as well as the one that was filed by the candidate of the Labour Party, LP, Mr Peter Obi.
It will be recalled that the Independent National Electoral Commission, INEC, had on March 1, announced that Tinubu of the ruling All Progressives Congress, APC, won the presidential election held on February 25, ahead of 17 other candidates that participated in the contest.
It declared that Tinubu scored a total of 8,794,726 votes to defeat the two major contenders, Alhaji Atiku of the PDP, who came second with a total of 6,984,520 votes, and Mr Obi of the LP, who came third with a total of 6,101,533 votes.
However, dissatisfied with the outcome of the election, both Atiku and Obi approached the court to invalidate it. The duo, in their separate petitions, claimed that they won the presidential poll, even as they challenged Tinubu’s eligibility to contest the election. The petitioners, aside from praying the court to declare that President Tinubu did not secure the majority of lawful votes that were cast at the election, are equally seeking the withdrawal of the Certificate of Return that was issued to him by INEC.
Alternatively, they are praying the court to order a fresh presidential election, with the exclusion of President Tinubu whom they argued was ab-initio not qualified to participate in the poll.
Vanguard had reported that the Electoral Act 2022 made it mandatory for candidates that were aggrieved by the outcome of the election, to within 21 days after the result was declared by INEC, file a petition before the court which shall deliver its judgement in writing within 180 days.
The court had on July 5, concluded its hearing of both Atiku and Obi’s petitions
While Obi closed his case after he called 13 witnesses that testified and tendered several documentary exhibits, Atiku, produced 27 witnesses and equally tendered exhibits before the court. On their part, both INEC and President Tinubu wrapped up their defence in both cases with one witness each, while the APC failed to produce any witness before the court.
However, all the Respondents in their respective written addresses, urged the court to dismiss all the petitions for want of merit. They argued that the petitioners were unable to discharge the burden of proof placed on them by the law. According to the Respondents, whereas the petitioners raised allegations that had elements of crime in them, they, however, failed to prove them beyond reasonable doubt as required by the law.
President Tinubu urged the court to hold that he was validly returned as winner of the election, by the INEC.
Specifically, Atiku, in the joint petition he filed with his party, marked: CA/PEPC/05/2023, maintained that the declaration of Tinubu as the winner of the presidential election was “invalid by reason of non-compliance with the provisions of the Electoral Act, 2022”, insisting that he “was not duly elected by a majority of lawful votes cast at the election”. He told the court that Tinubu, who was cited as the 2nd Respondent, “was at the time of the election not qualified to contest.”
In a further process he filed through his team of lawyers led by Chief Chris Uche, SAN, Atiku told the court that the President-elect had “demonstrated inconsistency as to his actual date of birth, secondary schools he attended (Government College Ibadan); his State of origin, gender, actual name; certificates evidencing Universities attended (Chicago State University).”
“The purported degree Certificate of the 2nd Respondent allegedly acquired at the Chicago State University did not belong to him but to a female (F) described as “F” in the Certificate bearing the name Bola Tinubu.
“The 2nd Respondent did not disclose to the 1st Respondent (INEC) his voluntary acquisition of the citizenship of the Republic of Guinea with Guinean Passport No. D00001551, in addition to his Nigerian citizenship. The 2nd Respondent is hereby given notice to produce the original copies of his said two passports,” Atiku added.
He argued that the APC candidate did not meet the constitutional threshold and “is constitutionally disabled from contesting for the office of President of the Federal Republic of Nigeria”.
Likewise, Obi and LP, in their own petition marked: CA/PEPC/03/2023, argued that as at the time Tinubu’s running mate, Senator Kashim Shettima, became the Vice Presidential candidate, he was still the nominated candidate of the APC for the Borno Central Senatorial election.
They equally challenged Tinubu’s eligibility to contest the presidential election, alleging that he was previously indicted and fined the sum of $460,000.00 by the United States District Court, Northern District of Illinois, Eastern Division, in Case No: 93C 4483, for an offence involving dishonesty and drug trafficking on the ground that the election was invalid by reason of corrupt practices and non-compliance with the provision of Electoral Act, 2022, the petitioners argued that INEC acted in breach of its own Regulations and Guidelines.
The petitioners contended that the electoral body was in the course of the conduct of the presidential poll, mandatorily required to prescribe and deploy technological devices for the accreditation, verification, continuation and authentication of voters and their particulars as contained in its Regulations.
Consequently, they prayed the court to not only hold that Tinubu was not qualified to contest the election but to also declare that all the votes recorded for him were wasted votes owing to his non-qualification/disqualification.
“That it is determined that on the basis of the remaining votes (after discountenancing the votes credited to the 2nd Respondent) the 1st Petitioner (Obi) scored a majority of the lawful votes cast at the election and had not less than 25% of the votes cast in at least 2/3 of the States of the Federation, and the Federal Capital Territory, Abuja, and satisfied the constitutional requirements to be declared the winner of the 25th February 2023 presidential election.
“That it be determined that the 2nd Respondent having failed to score one-quarter of the votes cast at the presidential election in the Federal Capital Territory, Abuja, was not entitled to be declared and returned as the winner of the presidential election held on 25th February, 2023.
In the alternative, the petitioners want an order cancelling the election and compelling INEC to conduct a fresh election at which Tinubu, Shettima and the APC, listed as 2nd, 3rd and 4th Respondents, respectively, shall not participate.
They urged the court to declare that since Tinubu was not duly elected by a majority of the lawful votes cast in the election, therefore, his return as the winner of the presidential election, was unlawful, unconstitutional and of no effect whatsoever.
In a further alternative prayer in the petition dated March 20, which Obi filed through a team of lawyers led by Dr. Livy Uzoukwu, SAN, and Awa Kalu, SAN, he wants the tribunal to hold that the presidential election was void on the ground that it was not conducted substantially in accordance with the provisions of the Electoral Act 2022, and the 1999 Constitution, as amended.
Likewise, an order, “cancelling the presidential election conducted on 25th February 2023 and mandating the 1st Respondent to conduct a fresh election for the President, the Federal Republic of Nigeria.”
Though five petitions were initially filed to nullify Tinubu’s election, however, the Action Alliance, AA, on May 8, withdrew its case, even as the Action Peoples Party, APP, followed suit two days later by also discontinuing further proceedings on its own petition.
The Allied Peoples Movement, APM, which refused to withdraw its own petition, had on July 14, adopted its final written address, even as the court reserved its judgement on the petition.
The APM, in its petition marked: CA/PEPC/04/2023, argued that the withdrawal of Mr. Ibrahim Masari who was initially nominated as the Vice-Presidential candidate of the All Progressives Congress, APC, invalidated Tinubu’s candidacy in view of Section 131(c) and 142 of the 1999 Constitution, as amended.
The party argued that there was a gap of about three weeks between the period that Masari, who was listed as the 5th Respondent in the petition, expressed intention to withdraw, the actual withdrawal of his purported nomination, and the time Tinubu purportedly replaced him with Senator Kashim Shettima.
It further argued that Tinubu’s candidature had elapsed at the time he nominated Shettima as Masari’s replacement.
Ecowas may resort to ‘force’ to reinstate Niger’s Bazoum
The Economic Community of West African States may resort to the use of “force” if coup leaders in Niger do not reinstate the democratically elected regime of President Mohamed Bazoum.
“In the event that the authority’s demands are not met within one week, we will take all measures necessary to restore constitutional order in the republic of Niger,” Ecowas said in a communique Sunday after a meeting in Abuja, Nigeria’s capital. General Abdourahamane Tiani declared himself Niger’s new leader on Friday, two days after the presidential guard he leads detained Bazoum.
The coup leaders, who are believed to be backed by all the segments of the security forces, have dismissed calls from the regional bloc, the African Union, the U.S. and France to release Bazoum and return to their barracks. The 15-member Ecowas imposed economic and diplomatic sanctions with immediate effect.
The bloc closed air and land borders with Niger, froze the country’s assets at the regional central bank and state assets in commercial banks, banned commercial flights to and from Niger and froze all service transactions, including energy transactions.
Ecowas also suspended Niger from all financial assistance and transactions with all financial institutions and member states and introduced travel-ban and asset-freeze on the military officials involved in the coup, their family members and the civilians who accept a position in any government they establish. —With assistance from Katarina Hoije.
[Bloomberg]
[OPINION] Umo Eno’s agenda and multidimensional poverty in Akwa Ibom - Etim Etim
For four days last week, Gov. Umo Eno presented his campaign blueprint to a cross section of Akwa Ibom people and some industry specialists and asked them to review and modify the document into a SMART (Specific, Measurable, Achievable, Realistic and Timely) agenda that he could implement. Named ARISE - an acronym for agriculture, rural development, industrialization, security and education - the document was widely criticized during the campaigns for lacking in depth and implementation strategies. The summit last week was therefore mandated to tease out the important elements of the plan into short-, medium- and long-term programs and attach strategies, timelines and budgets. The very idea of a governor submitting his policy document to public scrutiny is not common, but this summit reflects Eno’s bipartisan and broad-based consultative style. I commend him for the initiative as I look forward to reading the recommendations that came out of the dialogue.
But I have my own contributions. Midway into the retreat, a damning report, indicating that Akwa Ibom State has the largest number of people living in multidimensional poverty in the Niger Delta region, was released by SatiSense, the data tech company. It was culled from the 2022 Multidimensional Poverty Report of the NBS. Multidimensional poverty means that the people do not only lack money, they also lack access to education, healthcare and basic amenities. The report reveals that Akwa Ibom has 5.08 million multidimensionally poor people; Rivers (4.4 million) and Cross River (3.44 million). While Edo and Delta also face similar challenges, their numbers are relatively lower. Edo has 1.4 million multidimensionally poor people (35.4% of population) while Delta has 2.73 million multidimensionally poor, representing 50% of the population. Bayelsa is a very bad case with 2.61 million people of its population of 2.9 million population living in multidimensional poverty, a staggering 88%.
For Akwa Ibom, the multidimensionally poor represents 71% of its population. This is a sobering revelation which might have embarrassed the governor and unsettled the people he had assembled to redesign his agenda. I hope that their recommendations will address these grim statistics. But let’s be clear: These numbers are not entirely new to some of us. NBS has consistently listed the state as being home to some of the poorest people in the country despite its famed oil wealth. It was even a major issue in the last campaign season. However, the government has not addressed the issue of poverty in any holistic manner. The response of the former governor, Udom Emmanuel, was to reject the statistics and cast aspersions on the integrity of NBS. Once, he claimed that the NBS was partisan and envious of his achievements in the state and was therefore out to embarrass him. In a TV interview, he even promised to set up his own statistics agency to counter NBS. But our poverty numbers keep popping up.
I have always been worried by our benumbingly high poverty level, and I have raised it in many interventions. Akwa Ibom people have no reason to live in poverty if their huge resources were properly managed. But they are not. A good chunk is either frittered away, stolen or spent on only the top 5% of the population which constitutes the political elites. In the last eight years, the state has earned over N4 trillion in FAAC allocation, derivation income and IGR. But the government was not only reckless, thoughtless and wasteful, its officials were largely light-fingered. Consider a few examples: The 21-storey building built and completed in 2021 by the government in Uyo and touted as ‘’a very intelligent building’’ by the former governor has remained unoccupied till today. Nobody can afford the dollar-denominated rentals. The former governor had boasted that ExxonMobil would take up the property on completion, but the oil company exited the state even before the building was completed. It turned out that he wasn’t honest with the people.
There is also another hairbrained project known as the Worship Center which was also conceived and initiated by the former governor. Designed by some Brazilian architects in the shape of a whale and constructed by Julius Berger, it was presented as a unique cathedral. But it has since been abandoned uncompleted after billions were spent on it. The idea of the government building such a costly place of worship was roundly condemned by the people, including this writer. But Udom Emmanuel would not listen. Standing close to these two structures is a 16-storey hotel built and furnished by the Godswill Akpabio administration. It was to be managed by the Hilton Group, but it was not open for business by the time Akpabio left office in 2015, and shockingly, for some unknown reasons, his successor refused to open it for the eight years he too spent in office.
A conservative estimate is that these three buildings, standing within 200 meters of each other in the heart of the town, have gulped over N50 billion in construction expenses and furnishings. But they have not added ‘’shishi’’ to the economy of the state and the wellbeing of the people. Think of their opportunity costs. Think of the huge loss. Think of what the people would have got in improved food production, education, healthcare, water and sanitation and rural roads if this money was properly spent. These abandoned buildings and many other white elephant projects which the former governor wasted money on represent the culture of reckless spending and mindless corruption that plague Akwa Ibom State. You can now see why poverty level is so high.
This is why all eyes are on Gov. Umo Eno. Can he reverse this wastefulness and utilize the resources of the people for the benefit of the generality of the people? Can he resist the temptation to embark on his own grandiose projects that he would count as ‘’achievements’’, only to abandon them? Can Umo Eno spend the people’s money prudently and transparently? My advice is that he should tackle poverty by investing wisely in agriculture and its value chain; education; healthcare and a few others. I welcome the news that the administration is planning to modernize the oil palm industry. I encourage the governor to consult with well-known leaders in that sector like Okomu Oil Company Plc in Edo State. The state can learn a lot from Okomu. Investing in sustainable agriculture will ensure food production, create thousands of jobs and produce raw materials for other sectors. With the war in Europe affecting food supply in Africa and inflation rising through the roof, it is more imperative that the government invest more in food production by creating a new generation of farmers. The government may also learn some lessons from what Dr. Ifeanyi Okowa did in Delta State in this area.
Lack of access to healthcare is another headache for the people. While many Local Government headquarters have good general hospitals, it is worrisome that Uyo, home to about half of the state’s population, has no single general hospital. It has a primary health center, a university teaching hospital and the specialist hospital that deals with complicated matters like brain surgery, but the absence of a state-funded general hospital has imposed a heavy burden on the teaching hospital which receives on average between 800 and 1,200 patients a day. ‘’Our resources are stretched thin and we are overworked everyday’’, cries a management staff who spoke to me recently. A teaching hospital was never meant to do the work of a general hospital, but it is the only affordable place for the people. Even then, a lot of the citizens can’t even afford its bills, and so they resort to prayer houses, miracle centres, churches, trado-African medicines and even ‘juju men’. A popular ‘juju man’ is always touting his skills in treating prostate cancer and fibroid!
The World Bank has developed good programs for tackling poverty across the globe. Gov. Umo Eno will do well to adopt them. Suffice it, however, to say that if he tackles health, education and agriculture appropriately, the governor would have lifted more than half of the poor from poverty.