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[OPINION] Emefiele, Bawa and Rule of Law - Olusegun Adeniyi
Former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, took a very big gamble last year by seeking the presidential ticket of the ruling All Progressives Congress (APC) while still in office. He raised the stakes even higher with a Naira redesign policy that was either not well thought-out or done with malicious intent. Incidentally, a certain AbdulRasheed Bawa was an enabler in what became a Naira confiscation policy. The suspended Economic and Financial Crimes Commission (EFCC) Chairman told Nigerians at the time that “with this redesigning, dollar may massively fall, who knows, probably to N200.”
At the end, the Naira redesign exercise will go down as one of the most atrocious policies ever implemented in the country. The dollar did not fall as predicted by Bawa. Instead, the colossal cost in human suffering resulted in countless lives lost to hunger and deprivation. Such was the level of desperation by Nigerians that many were forced into trade by barter as a medium of exchange. The Centre for the Promotion of Private Enterprise (CPPE) estimated that the economy lost about N20 trillion to the scarcity of Naira. This despite warnings about potential pitfalls, including by the World Bank.
Risks are acceptable in policy decisions. But gambling can be dangerous. Borrowing from the thesis of the great German General Erwin Rommel, Robert Greene made a distinction between a gamble and a risk in his book ‘The 33 Strategies of War’. The difference, he wrote “is that with risk, if you lose, you can recover” while with a gamble, “defeat can lead to a slew of problems that are likely to spiral out of control”. Yet, as Greene also explained, “people are drawn into gambles by their emotions: they see only the glittering prospects if they win and ignore the ominous consequences if they lose. Taking risks is essential, gambling is foolhardy. It can be years before you recover from a gamble if you ever recover at all…”
That both Emefiele and Bawa took a gamble with the Naira redesign policy is beyond doubt. And my take on that was well documented on 16th March, in my column, ‘Nigeria: From Top to Bottom…’ President Muhammadu Buhari (always looking for ‘thieves’ to catch, even when they may be sitting close to him) owned the policy from the outset. He made a national broadcast in its defence and offered no attempt to hold anybody accountable. But Emefiele would have been wise to fall on his own sword the moment the Supreme Court declared the entire exercise illegal. Especially considering his earlier presidential misadventure. Notwithstanding, there is no reason to arrest and detain him without trial.
I am aware of the sundry allegations of unwholesome practices against Emefiele and Bawa. But until evidence is provided, we don’t have to dignify such tales. Meanwhile, unresolved issues regarding their fate remain. The first is whether President Bola Ahmed Tinubu has the power to remove them given provisions of the EFCC Act 2004 and the CBN Act 2007. Before I make my point, let me state that in 2014, during the controversy that trailed a similar suspension of Emefiele’s predecessor, Khalifa Muhammadu Sanusi II, I sided with President Goodluck Jonathan. Though I saw no justification for the suspension, I argued for the powers of a president, which Sanusi challenged at the time. And my position has not changed.
In the United States, from where we borrowed the presidential system of government, the Federal Reserve Chair (equivalent of our CBN Governor) is also insulated from presidential interference. The office holder reports to Congress. But in the campaign leading to the American 2012 presidential election, the stewardship of Mr. Ben Bernanke became an issue, especially among Republicans. Newt Gingrich and Herman Kane said they would fire the Fed Chair if elected president while Mitt Romney said he ‘wouldn’t keep Ben Bernanke in office,’ and would rather ‘choose someone of my own.’
I cited two US cases to buttress my position that they knew what they were saying, even when no Fed Chair had ever been removed before by an American President. One, suspension of Edwin M. Stanton as Secretary of War in 1865 by President Andrew Johnson after succeeding the assassinated President Abraham Lincoln (to whom he was VP) without recourse to Congress. At that time, the ‘Tenure of Office Act’ had restricted an American president from sacking any member of cabinet without the express approval of the Senate. I also cited the 1926 Supreme Court ruling in the Myers v. United States which affirmed the power of President Woodrow Wilson to remove Mr Frank S. Myers, a First-Class Postmaster in Portland, Oregon from office without congressional approval. Despite a federal law that expressly stated: “Postmasters of the first, second, and third classes shall be appointed and may be removed by the President with the advice and consent of the Senate.”
In concluding one of the columns that I wrote on the Sanusi saga nine years ago, I referenced ‘The Second Treatise of Government: And A Letter Concerning Toleration’, where 17th century English philosopher, John Locke argued that the people sometimes allow “their rulers to do several things of their own free choice, where the law is silent…and their acquiescing in it when so done.” Whatever the law cannot provide for, according to Locke, “must necessarily be left to the discretion of him that has the executive power in his hands, to be ordered by him as the public good and advantage shall require…”
Given the foregoing, I have no problem with the suspension of Emefiele “sequel to the ongoing investigation of his office and the planned reforms in the financial sector of the economy.” But arresting and keeping him and Bawa incarcerated indefinitely is the hallmark of military dictatorship. Under democracy and the rule of law, accused persons are presumed innocent until evidence is adduced in a court of law to secure conviction. Whatever the allegations against Emefiele, detaining him and subjecting him to street gossip and media trial without the ability to defend himself is unfair and illegal. The same goes for Bawa.
It must be stated that the Emefiele saga did not begin under the current administration. It started during the dysfunctional government of President Buhari. In an exclusive story in February this year, PREMIUM TIMES blew the lid on why the Directorate of State Security (DSS) was after Emefiele. The report referenced an affidavit deposed to before the Federal High Court last December, by Mr Umar Salihu, an official of the DSS. According to the affidavit, “there is reasonable suspicion that the respondent (Emefiele) was involved in terrorism financing, aiding and abetting acts of terrorism, economic crimes of national security dimension and undermining the security of the Federal Republic of Nigeria.” Salihu said the DSS made the application so that Emefiele could be detained for 60 days, “pending the conclusion of ongoing investigation …”
Although no details were provided, the main kernel of the allegations surrounded Emefiele’s presidential ambition for which he was said to have procured vehicles and disbursed funds. These resources, the DSS alleged, were “being channelled into funding of Unknown Gunmen, Eastern Security Network (ESN) and elements of IPOB, a proscribed organisation.”
It is interesting that the DSS made these damaging allegations against Emefiele as a sitting CBN Governor whose access to President Buhari was never at any point denied. That fact was not lost on the court. In throwing out the DSS’ application on 9th December 2022, Justice John Tsoho said the request being sought ought to have been preceded by arrest. “This is not the situation here, as Godwin Emefiele, the CBN governor was shown on television, even last night, having an audience with the President of Nigeria,” the judge said. “It therefore seems that the applicant (DSS) intends to use the court as a cover for an irregular procedure which is unacceptable.”
Like Emefiele, Bawa was suspended more than a month ago by President Tinubu “to allow for proper investigation into his conduct while in office”, following “weighty allegations of abuse of office levelled against him.” Bawa was subsequently arrested and has since been detained by the DSS. Till today, Nigerians do not know what those “weighty allegations” are. But let’s come back to Emefiele. Following a court order that he be properly charged or released, DSS has come up with the accusation of possessing a gun and 23 rounds of live ammunition, apparently just to fulfill all righteousness. Pray, how do these relate to terrorism and financial crimes on which the entire drama was initially premised?
Given the needless hardship to which Nigerians were subjected during the Naira redesign fiasco, it is understandable that there is little sympathy for Emefiele. But this issue is not about his person. At stake are fundamental freedoms of a citizen and abuse of power. Tuesday’s Twitter post from the DSS official handle mocking one of the lawyers defending Emefiele with incendiary comments can be described as nothing but bad faith. And it is unfortunate. One of the major tragedies of Nigeria is that officials and institutions that are ordinarily supposed to uphold the law most often see themselves being above the law. Yet, the rule of law is founded on the principle that every citizen, no matter highly placed and regardless of the position they hold, is subject to the law. The same goes for public institutions.
No matter the offence for which a citizen may be charged, revenge is not the same thing as justice and state institutions should not be seen to be promoting such perversion. President Tinubu has spent the better part of his political career mouthing defence of fundamental freedoms for citizens. It would be tragic for the government he now heads to exhibit traits antithetical to those ideals. “He (Tinubu) was at the forefront as a NADECO man to chastise military governments for disobeying court orders. Now that power is in his hand, we will see whether he, himself will obey court orders,” a former Nigeria Bar Association (NBA) President, Joseph Daudu, SAN said last Thursday. I share his point of view.
President Tinubu’s disruptive policy measures may ultimately be for the good of the country, but his government needs all the support it can get at this most vulnerable period. Nigerians are going through a very difficult period. The inflation rate jumped from 22.4 percent in May to 22.8 in June, according to data released by the National Bureau of Statistics (NBS) on Monday. By Tuesday, the pump price of petrol had gone haywire with a litre selling for between N617 and N630 thus increasing the woes of the ordinary people. Any suggestion of dictatorship will be most unhelpful under the present circumstance. In the public arena, as Senate President Godswill Akpabio reminded the new Governor of Akwa Ibom recently, “100 friends, not enough; one enemy, too many.” I hope presidential handlers can appreciate that.
Emefiele may deserve a comeuppance for the choices he made as CBN Governor and for getting so caried away as to imagine he could use his office to secure Nigeria’s presidency through the backdoor. But those are issues for another day. What we are dealing with in this unfortunate saga is the abuse of due process of the law, an affront on the fundamental rights of citizens, and authoritarian impulses by a critical state institution. No matter how ‘weighty’ the allegations against them, and regardless of how we view their stewardship, Emefiele and Bawa deserve their day in court. Or be released from detention!
Chidi Amuta at 70
Come Monday, I intend joining the family of Dr Chidi Amuta and a few friends in Lagos at the dinner to mark his 70th birthday. We had to convince him before he agreed to the ceremony. Teacher, writer, journalist, and public intellectual, Amuta has been one of my most invaluable professional mentors from whom I have learnt a lot. He is also a member of THISDAY editorial board and a national asset.
Amuta started his career as a lecturer at Obafemi Awolowo University, Ile-Ife, in 1979 (he graduated from the University with a First Class) before moving to the University of Port-Harcourt in 1981 as a Senior Lecturer in the Department of English. He was at various times a Visiting Fellow, Fletcher School of Law & Diplomacy, Boston USA; founding editorial board member, The Guardian newspaper; Director, Imo State Directorate for Rural Development (DIFRI); Group Editorial Adviser and Chairman Editorial Board, Daily Times; Managing Director, Post Express Newspapers and Executive Director, Tanus Communications. He has also authored several books, including ‘Towards A Sociology of African Literature’, ‘The Theory of African Literature: Implications for Practical Criticism’, ‘Prince of the Niger: The Babangida Years’ and ‘Writing the Wrong: A Collection of Articles’. Incidentally, at the public presentation of ‘Writing the Wrongs’ nine years ago, I was the reviewer. In that review, I spoke about Amuta’s attention to detail, his curiousity and sense of humour.
I can recall some of his columns that distinguish him as a writer. ‘Give Us the Mad Cows’ for instance dramatizes the vexation in some countries about the mental state of some cows that were bound for the pots of soup anyway. And here is the opener: “…a veteran of the ‘tombo bar’ accosted me the other day. He had just heard about these mad cows from somebody who heard it from somebody who happens to know somebody else who has the unhealthy habit of reading newspapers. The Nigerian chain of information control and command, for your information, is a mixture of oral tradition and enlightened rumour in print. The subject was infuriating to him: that any group of rational adults should allow their public discourse and political energies to be hijacked by, of all subjects, mad cows…”
As Dr Amuta joins the elite septuagenarian club on Monday, I can only wish him happy birthday, long life and good health.
2023 Teens Conference
Online registration for the 2023 edition of the teens career conference of the Redeemed Christian Church of God, The Everlasting Arms Parish (TEAP) continues. With the theme, ‘Wake Up and Take Responsibility’, Chairman of both UBA and Heirs Holdings, Mr Tony Elumelu, CFR, is being joined on 19th August by two British women, Ms Dorota Oakley Matuszyk and Ms Juliet Lamin as speakers. Like previous editions, this year’s conference will bring together teenagers from Abuja and its environs, to listen to expert advice on career choices in today’s dynamic and challenging world.
Specifically, the objectives of the conference are to: Teach teenagers to take responsibility for their future; have their imagination fired through interaction with accomplished professionals in the society; make them realize that no matter the odds, they can reach their goals, and get them to understand that God still intervenes in the affairs of men. It is usually a day of fun with music, food, and drinks while attendance is completely free of charge. But intending participants must register online by visiting www.rccgteapteens.ng
- You can follow me on my Twitter handle, @Olusegunverdict and on www.olusegunadeniyi.com
APC National Chairman: CPC Bloc Loses Out As Tinubu Settles For Ganduje
There were indications yesterday that President Bola Ahmed Tinubu and the governors on the platform of the All Progressives Congress (APC) may have endorsed immediate past Kano State governor, Abdullahi Umar Ganduje, as replacement for the erstwhile national chairman of the party, Abdullahi Adamu.
With the development, it is likely that the defunct Congress for Progressive Change (CPC) bloc which produced former President Muhammadu Buhari may have again taken a back seat in the scheme of things in the party’s leadership.
LEADERSHIP had reported on Tuesday that former governor of Nasarawa State, Senator Umaru Tanko Al-Makura, who is an ardent member of the CPC bloc, and Senator Sani Musa from Niger State were being considered as possible replacements for Adamu.
However, it was learnt last night that despite pressure on President Tinubu to retain the chairmanship position in the North Central, he settled for Ganduje, apparently to pacify the North West zone which had insisted on producing the Senate President of the 10th Assembly.
It was also gathered that four APC governors, including chairman of the Progressive Governors Forum (PGF) and Imo State governor, Hope Uzodimma; his Kwara State counterpart and two others led to meet with Tinubu at the presidential villa yesterday.
At the meeting, the president was said to have briefed the former Kano governor of the plan to make him APC national chairman, instead of minister as earlier planned.
According to reports, Ganduje who had made Tinubu’s ministerial list was asked to nominate someone as his replacement from Kano State.
The news of Adamu and Omisore’s resignation broke on Sunday night but was not confirmed until Monday after the National Working Committee (NWC) meeting of the party.
A source within the party who confirmed the development said the choice of Ganduje as the new chairman would be unveiled at the party’s National Executive Committee (NEC) meeting which was postponed indefinitely on Monday.
It was also learnt that a former Senate spokesman in the 9th Assembly, Senator Ajibola Basiru, from Osun State has been tipped to replace the erstwhile party’s national secretary, Iyiola Omisore, who tendered his resignation letter alongside Adamu.
On the choice of Ganduje as the next APC chairman, an online paper quoted a source as saying: “President Tinubu has settled for the former Kano state governor Ganduje to replace Senator Abdullahi Adamu as the party’s national chairman.
“The President had listed Ganduje as one of the nominees for ministerial appointment but because of his trust and confidence in the former governor, President Tinubu has to change his mind and asked two governors (Governor Hope Uzodimma and the Kwara state governor) to persuade Ganduje into another assignment.
“The president also asked him (Ganduje) to nominate another person from Kano for the ministerial job. I can confirm to you that four serving governors of APC, including Imo and Kwara governors led the former governor Ganduje to a meeting with the President on Wednesday afternoon. The purpose of that meeting was for President Tinubu to brief Ganduje directly about the new assignment.”
But speaking after a meeting of the APC governors at Imo Goverors Lodge last night, chairman of the PGF, Governor Uzodimma refused to comment on the development.
Addressing journalists after the meeting, Uzodimma neither confirmed nor denied that Ganduje had been contacted to become the next national chairman of the party.
When confronted with the question he simply ended the interview with journalists and joined his colleagues as they left the Lodge.
Deputy national chairman of the party, Senator Abubakar Kyari, had on Monday announced Adamu’s exit as chairman after a meeting of the party’s National Working Committee (NWC) at the party’s national secretariat, Abuja.
He said, “We are here to address the happenings and recent developments regarding the party. The NWC wishes to inform you about the resignation of the National Chairman Senator Abdullahi Adamu and that of the National Secretary, Senator Iyiola Omisore.
“My humble self as the deputy national chairman (North) to assume the office of the acting national chairman, consequently too, the deputy national secretary, Barrister Festus Fuanter, will now assume the office of acting national secretary of the All Progressives Congress.”
He also said the proposed national caucus and NEC meetings slated for today and tomorrow have been postponed.
He said, “With the recent development, we implore everybody here that the proposed National Caucus and National Executive Committee meetings slated for July 18 and 19, 2023 are hereby postponed. This postponement is not indefinite. A new date will be communicated in the nearest future”.
He also refuted reports suggesting that the presidency and the party may have deployed operatives of the Economic and Financial Crimes Commission to arrest Adamu and Omisore.
He stated: “There are no allegations against them. Both of them resigned voluntarily and that is what is available at this moment. The details of their resignation will be made known to you in the nearest future”.
Adamu reportedly tendered his resignation letter on Sunday on the orders of President Bola Ahmed Tinubu.
It became clear that Adamu had resigned his position as national chairman when Kyari, who arrived at the party’s national secretariat at about 10:35am, led a team of seven other members of the NWC to a meeting in his office.
Kyari’s official car was also parked in the space reserved for the national chairman.
The former national secretary, Omisore, who arrived at the national secretariat at about 11:20am was said to have been barred from the ongoing NWC meeting.
Omisore, who left the secretariat as soon as he came in, said he was going to meet Adamu, noting that he did not know why the former Nasarawa governor was not at the secretariat.
APC Govs Say Nigerians Suffering Over Hardship Caused By Subsidy Removal
Governors elected on the platform of the All Progressive Congress(APC) have announced plans to meet with the Bola Tinubu-led federal government to seek a quick solution to the hardship caused by the recent removal of fuel subsidy in the country.
The chairman of the Progressive Governors’ Forum, Governor Hope Uzodimma of Imo State, revealed this after a meeting of the APC governors in Abuja on Wednesday night.
Uzodimma admitted that although the removal of fuel subsidy will result in increased federal allocation to states, the subnational governments will ensure they support the federal government to ameliorate the pains of the masses.
During the meeting, the APC Governors emphasized their commitment to addressing the current hardships caused by the fuel price increase.
They reassured citizens that the subnational governments are actively collaborating with the federal government to find effective solutions to ease the burden on the citizens.
Governor Uzodimma, while addressing newsmen after the meeting, said, “On the upcoming FAAC, we are aware that as a result of the removal of fuel subsidy, it will increase the volume of money that will be received in our purses during the Federation Account meeting and we are working with the Federal Government to ensure that it is utilized in a manner that the citizens are happy and the economy of the country will be protected.
“The current hardship occasioned by the price increase is being addressed. The subnational governments are working with the Federal Government and on Thursday there will be a meeting of the National Economic Council to cross the “t” and dot the “i’s”.
“We understand the concerns of Nigerians regarding the removal of fuel subsidy, and we are working diligently to ensure that the impact on the people is minimized. The increase in revenue from the removal of the subsidy will be used responsibly to benefit our citizens and protect the nation’s economy.”
The governors also addressed the recent developments within the APC, clarified that there is no crisis in the party despite the recent resignation of the party’s National Chairman, Abdullahi Adamu, and Secretary, Senator Iyiola Omisore.
The governors reiterated that the APC remains united and focused on delivering meaningful progress to the citizens.
They appreciated the former National Chairman and Secretary, recognizing their contributions to the party’s growth and development.
The governors will be meeting with Vice President Kashim Shettima at the National Economic Council meeting chaired by him, where they will further discuss strategies and initiatives to support Nigerians during the challenging times.
They assured that the welfare of the people remains their top priority, and every effort will be made to ensure that the impact of the subsidy removal is managed in a way that benefits all Nigerians.
The governors also encouraged citizens to remain patient and assured them that the palliative measures being developed in partnership with the Federal Government would soon come into effect.
They hoped that the measures would alleviate the financial strains caused by the subsidy removal and foster economic stability and growth across the nation.
The meeting hosted by Imo State governor had in attendance, Dapo Abiodun of Ogun state; Umar Bago (Niger); Francis Nwifuru (Ebonyi); Abdulrahman Abdulrazaq (Kwara); Acting Ondo state Governor, Lucky Ayedatiwa; Rev. Fr. Hyacinth Alia (Benue), Uba Sani (Kaduna); Babajide Sanwo-Olu (Lagos); Mai Mala Buni (Yobe) and Dikko Radda (Katsina) and Bassey Otu (Cross Rivers).
I’m innocent, ‘ll fight — Tobi Amusan responds to suspension
Following her suspension by the Athletics Integrity Unit (AIU) for missing drug tests, Oluwatobiloba Amusan has vowed to challenge and resolve the charges against her before next month’s World Athletics Championship in Budapest.
According to Amusan, she is a clean athlete and regularly tested by the AIU.
The 26-year-old is looking to defend her title at next month’s World Athletics Championship in Budapest.
Recall Amusan revealed in the early hours of Wednesday that she had been charged with an alleged rule violation for missing three drug tests in the span of 12 months.
She wrote on her Instagram handle.: “Today the Athletics Integrity Unit (AIU) has charged me with an alleged rule violation for having 3 missed tests in 12 months.
“I am a CLEAN athlete, and I am regularly (maybe more than usual) tested by the AIU,” she wrote, in referencing the Athletics Integrity Unit, which oversees doping issues in international track and is the agency that charged her with the violation.
She said, “Today the Athletics Integrity Unit (AIU) has charged me with an alleged rule violation for having 3 missed tests in 12 months.
“I intend to fight this charge and will have my case decided by a tribunal of 3 arbitrators before the start of next month’s World Championships.”
According to the AIU, an athlete who misses tests within a period of 12 months is guilty of anti-doping rule violation, and the penalty includes suspension for two years, which may be reduced to a minimum of one year depending on the degree of fault.
Missing three doping tests can result in a two-year ban, though exceptions can be made for different circumstances.
Amusan enjoyed a superb run of form and set the current world record for the women’s 100m hurdles of 12.12 seconds at last year’s World Athletics Championships in Oregon and a World title that followed in a record time of 12.06, but that time did not go into the record books because there was too strong a tailwind.
“When I watched the record, I was like ‘Whoa, who did that?’” Amusan said of her reaction upon seeing her time pop up on the scoreboard.
She also retained her Commonwealth Games title with a new Games’ record of 12.30s and defended her Diamond League title in a record-breaking season that saw her set impressive records and win the Nigerian, African, Commonwealth, World, and Diamond League titles.
It’s Criminal, Obnoxious To Compare Niger Delta Agitators To Northern Bandits — Clark
Foremost Niger Delta leader, Chief Edwin Clark, has criticized the comparison of what he considers legitimate agitators of the region to “blood-sucking bandits” in the north, describing it as not only obnoxious but also criminal.
Speaking at a press conference in Abuja on Wednesday, he stated that those who suggest such a comparison are displaying ignorance and myopic thinking.
He specifically objected to the positions of former Zamfara State governor, Sani Yerima, and the Kaduna-based Islamic cleric, Sheikh Ahmad Gumi, who argued for the federal government to grant amnesty to the bandits in the northwest, similar to the Niger Delta militants.
“My first reaction to those who compare the murderous, blood-sucking bandits from the northern part of the country with the legitimate agitators from the Niger Delta is one of pity for their ignorance of national affairs and their myopic thinking,” he said.
Chief Clark commended the Arewa Youth Consultative Forum (AYCF) for condemning Yerima’s advice. However, he expressed regret over what he deemed an unfortunate statement credited to the new Chief of Army Staff, Major General Taoreed Lagbaja.
The Army Chief had suggested a review of the Niger Delta Amnesty programme, expressing concerns that it has provided an opportunity for “re-organizing and launching attacks on defenceless citizens.”
In response, Clark stated, “The statement of the Chief of Army Staff comes across to me as a proposal for scrapping the amnesty granted to legitimate agitators for a better life and environment by the Niger Delta youths.” He warned against such a move, as he believed it could ignite a fresh crisis in the region.
We Were Not Aware Of Tinubu’s Drug-Related Forfeiture Of $460,000 Before 2023 Election - INEC
The Independent National Electoral Commission (INEC) has told the Presidential Election Petitions Court sitting in Abuja that it was unaware of the over 20-year old United States District Court judgment which ordered President Bola Tinubu to forfeit $460,000 suspected to be proceeds of narcotics trade.
According to INEC, the case was not brought to its attention prior to the 2023 presidential election.
This was contained in its final written address filed by its lead counsel, A.B. Mahmoud SAN, against the petition filed by the presidential candidate of the Labour party, Mr Peter Obi.
In one of the grounds of Obi’s petition which seeks the removal of President Tinubu, his legal team led by Dr Livy Uzoukwu SAN stated that Tinubu was at the time of the election not qualified to contest for election to the office of President as he was fined the sum of $460,000.00 (Four-Hundred and Sixty Thousand United States Dollars) for an offence involving dishonesty, namely narcotics trafficking, imposed by the United
States District Court, Northern District of Illinois, Eastern Division, in Case No: 93C 4483 titled “UNITED STATES OF AMERICA, v. Plaintiff FUNDS IN ACCOUNT 263226700 HELD BY FIRST HERITAGE BANK, IN THE NAME OF BOLA TINUBU.”
They had urged the PEPC to disqualify Tinubu on that ground, among other prayers.
But in its final written address obtained by THE WHISTLER, INEC’s lead counsel, Mahmoud, maintained that the said forfeiture order was not brought to the attention of the Commission (especially by the petitioners) prior to the election.
“On the alleged imposition of fine on the 2nd Respondent(TInubu) by the United States District Court in Case No: 93C 4483, the case of the 1st Respondent(INEC) is simply that same was not brought to its attention,” he stated.
However, he told the PEPC that the 1999 Constitution provides that the fine that disqualifies one from running for president must be associated with a court sentence.
“However, Section 137 (1) (d) of the Constitution, which provides for the sentence of fine as a disqualifying factor in
respect of a Presidential Candidate, states as follows;
“(1) A person shall not be qualified for election to the office of President
if- (d.) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for any offence involving dishonesty or fraud (by whatever name called) or for any other offence, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal;” he added.
Mahmoud argued that in the 1999 constitution, the prescription of “fine” as a disqualifying factor for a Presidential candidate is hinged on a “sentence.”
He contended that in line with testimonies of a number of witnesses at the proceedings, the US case was a “civil forfeiture proceedings” and there was no charge or conviction.
“Thus, the Petitioners failed to prove this allegation and we urge the court to so hold.
“We urge the court to resolve this issue in favour of the 1st Respondent and hold
that the 2nd (Tinubu)and 3rd Respondents(Kashim Shettima) were qualified,” he stated.
The learned silk urged the PEPC to also agree with the submissions of the lawyers representing Tinubu, Kashim Shettima and All Progressives Congress, regarding the matter.
They maintained that the US judgment was not a criminal conviction.
“On the issue of the order of forfeiture by the United States District Court, they(Tinubu, APC) contend that there was no criminal charge, sentence or conviction to support the allegation of criminal conviction or forfeiture. They further contended that the alleged order of forfeiture being that of a foreign court is not registered in Nigeria to be enforceable and is in fact now over 20 years since the alleged order was made.”
Soldiers Impound 397 Wraps Of Marijuana In Ogun
Troops of the Nigerian Army attached to 192 Battalion, operating in 81 Division Area of Responsibility have intercepted a truck loaded with 397 wraps of substance suspected to be marijuana in Ogun State.
The truck, was intercepted and impounded, alongside two suspects conveying the illegal drugs during a stop and search operations at Ajilete Road in Yewa South Local Government Area of the state.
The suspects who are said to be members of an international drug syndicate were identified as Matthew Edegbe, a Benin Republic national and Joshua Dansu of Idiroko.
Both of them are currently assisting the Army in ongoing investigations.
“Troops of 192 Battalion Nigerian Army operating in 81 Division Area of Responsibility have again on Tuesday 18 July 2023 intercepted a suspected international drug syndicate smuggling a truck load of substance suspected to be Cannabis Sativa (Marijuana) en route Sango Otta in Ogun State.
“Responding to actionable intelligence, troops conducted stop and search operations along Ajilete Road in Yewa South Local Government Area of Ogun State, during which they intercepted and impounded the suspected truck without Registration number, loaded with 397 wraps of substance suspected to be marijuana.
“In the preliminary investigations that followed, it was revealed that the illicit substance concealed in the truck were transported from Ghana through Benin Republic via Igholo-Idiroko enroute Sango Otta.
“The suspects conveying the illegal drugs have been identified as Mr Matthew Edegbe, a Benin Republic national and Mr Joshua Dansu of Idiroko, who are currently assisting in ongoing investigations,” a statement by the Director Army Public Relations, Brigadier General, Onyema Nwachukwu, said on Wednesday.
“Items recovered from the suspects include the truck’s registration number identified as (T 1826 LA Lagos), which was detached and concealed in the vehicle to prevent identification, an Infinix and Itel phone, one iphone, a Benin Republic National Identification card and a Driver’s license belonging to one George Benyagbe, as well as the sum of Seven Thousand Naira (N7000) only.
“The suspects, vehicle and exhibits have been taken into custody, pending handing over to National Drug Law Enforcement Agency (NDLEA), Lagos State Command,” the statement added.
It would be recallef that troops of the Battalion had on July 15, also intercepted a truck load of over 20,000 cartridges of ammunition heading to Anambra state.
Drama as trader in Alaba International Market allegedly finds male child's private part inside food
There was a mild drama at the popular Alaba International Market, Ojo, Lagos, on Friday, following the strange discovery of a human private part by a hungry customer, who patronised a food vendor inside the market.
The shocking sight of the human part in her plate of soup, at GBO Plaza, in the market, resulted in pandamonium, as anxious traders and customers thronged the plaza to behold the strange alar’carte garnished with protruding human part and its accompanying delicacies steaming hot from a plate of soup.
The middle-aged woman, simply identified as Ebere, reportedly found strange meat inside the plate of food she bought from a food vendor.
It was learned that trouble started when Ebere, who sells household items opposite GBO Plaza, raised the alarm, while eating the food she bought from a vendor, and discovered that the meat in her plate had the semblance of a male child’s private part.
An eye witness, who spoke with Vanguard Metro at the scene, on Saturday, said; “I was here when Ebere was eating, yesterday, and found the meat that looks like a little child’s private part. We all took turns to examine it. It didn’t look like that of goat or a dog.
“It was when she raised alarm that other traders came closer and on proper scrutiny, it was concluded that the seemingly turgid but, small human flesh must be that of a child.”
Other witnesses said the argument raged for long until a verdict was unanimously passed that it was the private part of a human being and hell was let loose as they all started asking for the head of the food vendor.
It was gathered that the alarmed food vendor was loudly proclaiming her innocence saying that she bought the meat from her regular supplier in the market.
The sordid drama was so intense to the extent that some of the traders that claimed to be regular customers of the food vendor were throwing up publicly lamenting that they have been eating human flesh for long thinking that it was delicious meat.
Vanguard Metro gathered that the frenzy was such that traders thronged the plaza in their numbers to, not just identify the food vendor but, trace the meat seller and deliver instant justice on them.
The situation, which was about degenerating to a serious crisis was, however, doused by leaders of the market who called for caution and assured that they will investigate the issue and take decisive action.
Confirming the incident, the Public Relations Officer, Alaba International Market, Ezeani Theophilus told Vanguard Metro that the incident was still under investigation.
According to him, “The food vendor doesn’t have a restaurant, she is a local food vendor.
“We have called on the police and investigation is ongoing.
“The food vendor claimed she bought the meat from a meat seller who hawks around the market. We don’t want to escalate the issue so that the meat seller won’t find out and flee from the market.”
However, as at the time of going to press, not much has been heard about the result of their investigation but it was reliably gathered that the food vendor had disappeared from the market and nobody could say whether she was invited by the police or not.
On their part, the police said they are yet to receive such report and assured that once they get it, they will investigate the case thoroughly.
Oil marketer reveals lasting solution to hike in fuel prices
Amid the frustrations associated with the recent hike in the pump price of fuel to N617 per litre, the Chief Executive Officer of Emadeb Energy Service Limited, Debo Olujimi, said local refining of the product remains the only lasting solution to the price surge.
According to NAN, Olujimi disclosed this at the inaugural ceremony of its Ijegun Satellite Depot on Wednesday in Lagos.
Olujimi stated that the increase in the price of petrol will continue to harm Nigerians unless local refining of the product is encouraged.
He lamented the continued dependence on the US dollar for the importation of fuel products into the country.
“It is a known fact that the increase in the price of petrol has put significant pressure on Nigerians, which we all understand.
“The only way to address the ongoing challenges is for the government to encourage local refining,” he said.
Senate Tells Employers To Remove Age Limit For Employment
Senate has urged employers of labour in the country to de-emphasise age requirements as a pre-condition for employment in Nigeria.
The senate resolution was a sequel to the consideration and adoption of a motion at plenary on Wednesday.
The motion titled “Age Requirement Pre-condition for Employment in Nigeria, Urgent Need for Intervention” was sponsored by Sen. Abba Moro (PDP- Benue).
Moro, in his debate, said age limit as a precondition for employment violates Chapter 4, section 42(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which guarantees every citizen the right to freedom from discrimination.
Moro said the provision of the International Labour Organisation (ILO) had defined employment discrimination in economic terms, as a violation of human rights that entails a waste of human talents with detrimental effects on productivity, and economic growth.
He said that it also generated socioeconomic inequalities that undermined social cohesion, solidarity and acted as a brake on the reduction of poverty.
He said it was pathetic for a graduate in Nigeria who could not get a job upon graduation and decided to go back to school with the hope that a higher qualification, vis-a-vis a second or Master’s Degree, could give him a better employment opportunity.
“It is ironic that a graduate in this country can serve in the National Youth Service Corps programme at age 30 but cannot be gainfully employed, thereafter on the fact that he/she is now above 30 years, a situation that is a flagrant breach of his fundamental rights.
“The circumstances described in the foregoing present the predicament of the Nigerian youth who has the requisite qualification, knowledge, and skills and is ready to work but disqualified or excluded on the sole and unjustifiable ground that he/she is above the age limit by reason of his/her birth.”
Moro said the sad situation had led many to commit age fraud by going all out to falsify their age to remain within the age limit of employability in the Nigerian Civil Service, and all other employers of labour in the country.
Senate, in its further resolution, urged the Federal Ministry of Labour, Employment and Productivity, and other relevant agencies to restrict and discourage public and private employers from depriving millions of job seekers of employment opportunities merely for not meeting the age requirements.
It urged the ministry to immediately draw up policies that relate to equality of opportunity and treatment in access to employment at all levels. (NAN)