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Acting Chief Justice of Nigeria, Mr Tanko Muhammad, has said President Muhammadu Buhari, as the appointor of Chief Justice of Nigeria, has the power to remove or suspend any person occupying the office.

Muhammad stated this in defence of Mr Buhari’s suspension of erstwhile CJN, Mr Walter Onnoghen, on January 25, 2019, and his immediate appointment by the President as Acting CJN.

This is contained in a counter-affidavit which he filed to oppose a suit seeking to stop him from being appointed as substantive CJN.

The suit was filed before Federal High Court in Abuja by Malcom Omirhobo Foundation, through its lawyer and promoter, Mr Malcom Omirhobo.

It prayed for, among others, a declaration that Justice Muhammad “is not a proper and fit person to be recommended by the 2nd defendant (Federal Judicial Service Commission) to the 1st defendant (NJC) and by the 1st defendant to the 5th defendant (Buhari) for appointment to the Office of CJN.”

This, the plaintiff said, was because Muhammad in accepting to be sworn in as Acting CJN, “conducted himself in a manner that cast doubt of confidence in his integrity and impartiality of the judiciary and having made himself a tool used in the violation of the Constitution of Nigeria.”

The seven defendants to the suit are National Judicial Council, Federal Judicial Service Commission, Muhammad, Federal Government, Buhari, Attorney-General of the Federation, and Senate.

In his response contained in the counter-affidavit filed on his behalf by law firm of Lateef Fagbemi, Muhammad maintained that Buhari, acting on an ex parte order of Code of Conduct Tribunal, rightly suspended Onnoghen.

The counter-affidavit was deposed to by Sadiq Ahmad, a lawyer in Fagbemi’s law firm, who also stated that he with “the 3rd defendant (Muhammad) carefully studied the plaintiff’s application for interlocutory injunction.”

He also said he did not commit any wrong by submitting himself to be sworn in acting capacity following the order of CCT and the vacuum left behind by Onnoghen’s suspension.

He recalled that Onnoghen had subsequently, after his suspension by the President, resigned from office. On April 18, 2019, CCT convicted Onnoghen on charges of false and non-declaration of assets, and as punishment, ordered his removal from office, barred him from holding public office for a period of 10 years and ordered forfeiture of proceeds of the bank accounts he was said to have failed to declare.

Muhammad stated that apart from the constitutional procedure for the removal of a person from the office of CJN based on age or retirement or by an address supported by two-thirds majority of the Senate, “any public officer found guilty of breach or violation of code of conduct can be ordered to vacate the office he is holding as consequence of the breach or violation of the code of conduct.”

He added that the President also has the power to remove or suspend any occupant of the office of CJN.

“I also know as a fact that the 5th defendant has the power to remove or suspend any person occupying the office of Chief Justice of Nigeria being the appointing authority,” the affidavit read in part.

Justifying Onnoghen’s suspension by Buhari, the counter-affidavit stated, “That I also know as a fact that as at January 25, 2019 the order of Code of Conduct Tribunal also directed the 5th defendant to swear in the most senior Justice of the Supreme Court as Acting Chief Justice of Nigeria.

“That it was pursuant to the said order of the Code of Conduct Tribunal that the 5th defendant appointed the 3rd defendant as Acting Chief Justice of Nigeria.

“That in the circumstance, I know as a fact there was no need for a recommendation of the 2nd defendant (FJSC) to the 1st defendant (NJC) or of the 1st defendant to the 5th defendant (Buhari) before the erstwhile Chief Justice of Nigeria could be suspended from office.

“There was also no need for the 5th defendant to approach the 7th defendant for support by majority of two-third votes, before the erstwhile Chief Justice of Nigeria could be suspended from office.”

It stated that Buhari “followed due process of law in the appointment of the 3rd defendant as Acting Chief Justice of Nigeria,” adding that “there has not been any negative impact on Nigerian judiciary as there is renewed belief by the common man in the judiciary as his last hope.”

Mr Inyang Ekwo, the presiding judge, has fixed Friday for hearing of the suit.

Punch

Embattled Emir of Kano, Mr Muhammad Sanusi II, faced a fresh trouble Thursday as Kano State Government gave him 48 hours to show reasons why he should not be suspended from the throne.

The government, in a query dated June 6, 2019 and signed by Secretary to the State Government (SSG), Mr Usman Alhaji, asked the monarch to defend himself against allegations by Kano State Public Complaints and Anti-Corruption Commission that Sanusi was undermining investigations into a probe of allegation of the mismanagement of N3.4 billion under his watch.

The query is coming barely a month after the state Governor, Mr Abdullahi Ganduje, signed into law a bill that split Kano Emirate into five with the appointment of four emirs for the newly-created emirates.

The creation of four additional emirates in the state leaves Sanusi with the control of 10 out of the 44 local government areas in the state.

The new emirs are Messers Aminu Ado Bayero of Bichi, Ibrahim Abubakar II of Karaye, Tafida Abubakar of Rano and Ibrahim Abdulkadir of Gaya.

Although the governor justified the balkanisation of the emirate because it was meant to reduce the burden on Sanusi, it was widely believed that the action was targeted at Sanusi, accused of working against the re-election of the governor.

The query, titled: “Report of the Kano State Public Complaints and Anti-Corruption Commission,” read:

“Kano State Government is in receipt of a report by Kano State Public Complaints and Anti-Corruption Commission dated May 31, 2019, as per copy attached herewith, on the on-going investigation by the commission involving the misappropriation of the total sum of N3.4 billion by the Kano State Emirate Council under your leadership between the Years 2014-2017.

Specifically, the report has indicated the aspects of the allegations and recommendations as set out at pages 14-16 therein.

“Accordingly, the commission in its report under reference, has recommended for your suspension and all other suspects connected with the issue pending the outcome of the case, and in order to allow for unhindered investigative processes.

“In the light of the foregoing, therefore, I am to request you to give satisfactory explanations on the allegations raised within 48 hours of the receipt of this letter to allow government to take appropriate decisions on the issue in earnest.”

Chief of Staff to the emir, Mr Munir Sanusi, confirmed receipt of the query.

“We received the query today (Thursday). The state government has demanded the response of His Highness within 24 hours. The council is studying the content,” he said.

Thisday

One of the major contenders for the position of Senate President in the incoming Ninth National Assembly, Mr Ali Ndume, has reiterated his resolve to contest on the floor of the Senate on June 11.

Ndume who stated this in an interview with journalists on Thursday also said he had no reason to visit President Muhammadu Buhari at the Presidential Villa in order to step down for Mr Ahmad Lawan, who is the candidate of All Progressives Congress for the position.

The former Senate Leader also dismissed a social media report that he was invited to the Villa by Buhari who directed him to stop his aspiration to contest for the Senate President position.

He said, “Nobody has invited me to the Villa. There won’t be cause for it. My quest to contest the Senate President election Insha Allah on Tuesday next week stands.”

Punch

Kaduna state governor, Mr Nasir El-Rufai, on Thursday led Messers Ahmed Lawan, Danjuma Goje and Uba Sani, all senators, to meet with President Muhammadu Buhari in his office.

The governor and the lawmakers spoke to State House correspondents after the meeting and said they discussed the forthcoming election of a new senate president billed for June 11.

Lawan is the candidate supported by governing All Progressives Congress for the position.

Below is the full transcript of what they said:

El-Rufai

Gentlemen of the press,

I am very pleased to report to you that we just came out from a meeting with our leader and mentor, the president, with Danjuma Goje from Gombe State, Ahmed Lawan from Yobe State and senator-elect, Uba Sani, from my state.

We discussed steps to unify our leadership in National Assembly starting with the Senate. I am very pleased to announce that Goje has agreed to fully endorse and support the choice of the party and that of Mr. President within the Senate, that is Lawan.

We are very grateful to Goje for his sacrifice and patience. This discussion has been going on for a long time and I am honoured to be part of it and I am grateful to him for recognising the many years we have worked together when he was minister, and as governor.

I know him to be a man of impeccable integrity and a man of his word and I am very honoured that he has come to see Mr. president and to conclude this matter once and for all.

Goje

First, I want to use this opportunity to thank Allah for giving us this opportunity today. I want to thank my teeming supporters, associates, across the country, who have been calling me to declare for the senate presidency; I have listened to them and I thank them very well.

I want to say that as an elder statesman in the Senate for a long time. At my age, I should be able to appreciate leadership coming from our elders. So in spite of all these calls, in spite all the support I have among my colleagues in the Senate, I have decided to in deference to the loyalty I have for President Muhammadu Buhari and in deference to the loyalty I have for my party, APC, in the interest of our party and the development of this country, in order to assist Mr. President deliver on his promises, I have decided to respect his wish by not declaring to run for senate presidency.

Instead, I am supporting the party’s position thereby endorsing the candidature of Lawan.

Q: National Assembly is seen as an independent arm of government but Nigerians see the position of the party now as an imposition?

Goje: I don’t think it is an imposition. I am not compelled to step down, I just told you that at my age I have the capacity to think well and respect my elders and respect my party and in party politics…I am independent. I have been winning my elections many many times from local government to House of Assembly, to National Assembly to governorship and I was also a minister. To say that I have been threatened to support somebody, no! I am supporting him based on my own conviction that I am doing the right thing for our country, for our president.

Lawan

Let me thank Mr President, our leader, President Muhammadu Buhari, for giving us the leadership that we need at this point and always. We have just come out of a closed-door meeting just like Mr El-Rufai said. Mine is to thank Goje and El-Rufai for making it possible for us to achieve what we have achieved today. For me this is a great day and a very important moment for the contest for the office of Senate President.

The endorsement by Goje is going to bring so much unity in APC and indeed in the entire Senate in a very bi-partisan fashion. I believe that is the way to go. We want to go to the ninth senate focused and united right from the onset, kickstart our activities which is very important at this time. The country needs a Senate that is focused and united for optimum performance and I believe that senators-elect will be happy to hear that this has been achieved. 

I want to thank Goje, he is a very experienced politician like he has said. He has been in this business much longer than most of us really. And I respect him even when there was so much clamour for him to run for the position of the president of senate, he never came out to publicly declare. Even though he had enormous respect and followers, but the position he has willingly taken to respect the wishes of the party and president, is the best position any politician could take. And there is nothing better than to have a family that is very united, very solid and very focused.

I also want to thank those who have been working behind the scene to try and broker this understanding. By the end of today, I’m sure that the complexion for this race would have been changed for the better.

PT

..SAYS ITS AN ATTEMPT TO GAG THE MEDIA AND STIFLE PUBLIC OPINION

 

The Peoples Democratic Party, PDP has condemned the suspension of the license of Daar Communications, operators of Raypower and AIT by the National Broadcasting Commission, NBC.

The Party in a statement signed by it National Publicity Secretary, Kola Ologbondiyan, described the closure as an attempt to gag the press and stifle public opinion.

The full statement is shown below

June 6, 2019

Press Statement

PDP Condemns Attacks On AIT …Says It’s An Attempt to Gag The Media, Stifle Public Opinion

The Peoples Democratic Party (PDP) condemns, in its totality, the unrelenting attempt by the All Progressives Congress (APC)-controlled federal government to cage the media as being witnessed in the ferocious attacks on Africa Independent Television (AIT) by government agencies, particularly the National Broadcasting Commission (NBC).

The party says it is evident that the attack on AIT is targeted at intimidating and gaging the media, repress constitutionally guaranteed freedom of speech and stifle public opinion, particularly as related to the determination by Nigerians to retrieve the stolen Presidential mandate at the tribunal.

This clamp down on AIT as well as earlier siege on other media houses and journalists under the APC administration, ostensibly point to a plot to frighten and asphyxiate the media, shut down outlets perceived to hold dissenting views and ultimately foist a siege mentality on our citizenry to restrain their demand for fairness and justice in the polity.

The APC is mortally afraid that a free press will raise the red flag and expose its manipulations and any attempt to subvert the course of justice, especially in the Presidential petition, hence this desperation to strangulate the media and cow Nigerians from freely expressing themselves.

Moreover, the PDP invites Nigerians to note that the Director-General of the NBC, Ishaq Modibbo Kawu, is a card carrying member and frontline leader in the APC who was also an aspirant on the platform of the party for the governorship of Kwara state.

The PDP notes that there can be no democracy without a free press. To stifle the media is an invitation to fascism and a return to the era of obnoxious military Decrees 2 and 4, which must be resisted by all.

Our party therefore calls on Nigerians and the International community to unite in condemning this desperation to gag the media and repress free speech in Nigeria.

The PDP also charges the media to remain professional and steadfast in their constitutional role of holding government and its institutions accountable and not be intimidated by oppressive forces that seek to subjugate Nigerians.

Signed:

Kola Ologbondiyan

National Publicity Secretary

Barely few hours after the broadcast by High Chief Raymond Dokpesi , the National Broadcasting Commission (NBC) has suspended the license of Daar Communication Plc, promoters of AIT, RAY POWER until further notice.

The Director-General of NBC, Modibbo Kawu announced the shut down on Thursday evening.

He said the action was taken for failure of the broadcasting station to abide by the broadcasting code.

Details below:.

PRESS BRIEFING ON SUSPENSION OF LICENCE – DAAR COMMUNICATIONS, HELD TODAY 6TH JUNE, 2019 AT THE NBC HEADQUARTERS IN ABUJA.

Following monitoring reports and complaints from concerned Nigerians about the broadcast contents of Daar Communications Plc’s AIT/Raypower broadcast stations, the NBC have over the last 2 years summoned on several occasions management of the company to address issues regarding the operations of AIT/Raypower with the company, particularly, Political Platform and Kakaaki aired on AIT.

In one of our meetings, held on 2nd June, 2017, the Commission expressed its disappointment with the way and manner Hate Speech, divisive and inciting comments are applied in discussion of national issues in breach of the provisions of the NBC Act and Broadcast Code.

Again, on 15th August, 2017, it became imperative to invite the company for yet another meeting on almost same issues.

Furthermore, while addressing another meeting on 7th February, 2018 we highlighted issues of concern to the Commission which indicated that the company had been breaching the provisions of Sections 3.1.2 and 3.1.3 of the broadcast Code.

The company’s delegates in their response promised to abate the breaches and comply with the law.

However, on October 18, 2018, the Commission was disturbed with the manner in which social media issues became part of the mainstream media unedited on AIT/Raypower, and was constrained to issue a generic letter to all broadcast stations on the need to exercise caution in the use of user generated content from the social media knowing how volatile and misleading the social media has become.

The management of Daar Communication Plc thereafter took to the social media to display our official correspondences.

Recently, the Commission’s monitoring reports on AIT/Raypower indicate the use of divisive comments accredited to the segment of “Kakaaki”, tagged, “Kakaaki Social”, where inciting comments like, “Nigeria is cursed, we declare independent state of Niger Delta”, “Nigeria irritates me”, “this country is gradually Islamizing” and other similar slogans are used without editorial control in breach of the broadcast Code.

We were therefore constrained to issue Daar Communication letters of warning dated May 27th, 2019.

We also observed from monitoring reports that a documentary on the Presidential Election Tribunal, a pending election petition matter aired on AIT on Wednesday and Thursday, 22nd and 23rd May, 2019 without regard to the provisions of the Broadcast Code.

The Commission, in line with its regulatory powers again cautioned AIT in another letter also dated 27th May, 2019.

However, instead of making amends, the management of Daar Communications Plc resorted to the use of media propaganda against the regulator.

Even the letters from the NBC were posted on social media platforms. Needless to state that Daar Communications have over the years turned themselves into a bad example of how a professional broadcast outfit should not be run.

In their relationship with the NBC, Daar Communications carry on, as if it is beyond the regulatory direction of the Commission. They don’t pay their licence fees as and when due. Its broadcast is patently partisan and one sided and deliberately inciting and heating the polity.

The management of the Company has created the habit of using the channel to fight its personal battles contrary to the statutory requirements of the law.

SHUT DOWN ORDER

Today the 6th of June, 2019, AIT/Rapower embarked on use of inflammatory, divisive, inciting broadcasts, and media propaganda against the government and, the NBC for performing its statutory functions of regulating the broadcast industry in Nigeria.

Consequently, after several meetings with management of Daar Communications Plc and many letters of warning. The NBC, today 6th June, 2019 took a decision to suspend the licence of Daar Communications Plc for failure to abide by the Commission’s directives, the provisions of the NBC Act Cap N11 Laws of the Federation of Nigeria and the Nigeria Broadcasting Code.

This decision is based on the provisions of Section 10 of the Third Schedule of the NBC Act Cap N11 Laws of the Federation of Nigeria, 2004, which states as follows:

(d) where in the opinion of the Commission the station has been used in a manner detrimental to national interest.

(g) where there is wilful or repeated failure to operate substantially as set forth in the licence

(h), where there is wilful or repeated violation or wilful or repeated failure to observe any provision of this Act or any rule or regulation of the Commission authorised by this Act or by a treaty ratified by the Federal Republic of Nigeria.

(i), where there is violation of or failure to observe any cease and desist order issued by the Commission;

(k), where a provision of the Nigeria Broadcasting Code has been seriously breached;

and The SHUT DOWN order is until further notice.

Last modified on Thursday, 06 June 2019 20:04

The founder and Chairman of African Independent Television, AIT , Chief Raymond Dokpesi has accused the National Broadcasting Commission, NBC of high handedness and a ploy to gag the Media.

Chief Dokpesi who was reacting to the queries and likely sanctions of NBC on its stations said the right of the citizens to know and be informed is well enshrined in the Nigerian Constitution which superceeds the NBC code. 

The full text is shown below:.

TEXT OF THE ADDRESS DELIVERED BY HIGH CHIEF ENGR. RAYMOND A.A. DOKPESI, PHD, DSC, OFR, FOUNDER AND CHAIRMAN EMERITUS OF DAAR COMMUNICATIONS PLC AT A PRESS CONFERENCE AT THE CORPORATE HEADQUARTERS OF THE DAAR COMMUNCATIONS PLC, KPADUMA HILLS, ASOKORO – ABUJA ON THURSDAY, JUNE 6, 2019.

Good morning fellow Nigerians and gentlemen of the press, before I proceed to the business of the day, permit me to felicitate with our Muslim brothers and sisters who have just celebrated the occasion of the completion of the Ramadan fast. Barka da Sallah!

1. Let me begin by expressing my profound gratitude to you all for honouring this invitation at very short notice. I greet you and welcome you to the premises of DAAR Communications Plc Head Quarters today as witnesses to the high handedness of government in deploying all instruments of power to threaten, intimidate and harass our media organisation for my affiliation with the opposition People’s Democratic Party (PDP) and the government’s perceived bias by our stations in holding government, public officers and people in positions of power accountable to the people of Nigeria.

2. As you drove up to our premises, you will have observed the destruction of our security house and perimeter fencing across the boundaries of DAAR Communications Plc (HQ) executed by the FCDA approximately 6-weeks ago. We have since gone to court and it will be subjudice to make further statements on the issues before the courts. Suffice to say, that our premises have been left exposed to all manner of threats which endanger the lives of our staff and property. We have persevered in the discharge of our duties and obligations despite the physical and psychological intimidation the actions of the FCDA, a department under the control of this government, has impacted on us.

3. Since coming to office in 2015 and in compliance with a well scripted program of action to shutdown the DAAR Communications brand from Nigeria’s broadcasting landscape, we have been inundated with letters from our regulator - the National Broadcasting Commission (NBC). Every broadcast which appears to them to offer a dissenting perspective to the position of Government is reprehended as a threat to National interest. Every reference and reportage from various sections of the country concerning injustice, inequality and iniquity is reprehended as a threat to National security.

4. We hold the position that it is the actions or lack of actions by the Government in responding to the above that threaten public order, public interest, public cohesion, the peace and unity of this country and NOT the reportage of same.

5. It is our view that communications, including broadcasting as a form of mass communication serves public interest when the media is able to inform and educate the public on the activities and initiatives of Government whilst also availing people in Government an opportunity to feel the pulse of the nation by reporting unadulterated comments, opinions and perspectives without censorship. By so doing, leaders including the President, can access and discern the value of diverse opinions and positions.

6. I make bold to say, as Founder and chairman emeritus of DAAR Communications Plc that our objective from inception to this day remain: (i)​To inform, educate and entertain, (ii)​To serve the interest of the general public (iii)​To set the agenda for the social, cultural, economic, political and technological development of our nation and (iv)​To hold the government and the people in power accountable to the people in pursuance of public interest over government or personal interests.

7. These goals and objectives are derived from the character and objectives of broadcasting as defined in the NBC code. However, it is important to note that there are areas of conflict between certain provisions of the NBC code, the responsibility of our professional obligations, the law and the Constitution of the Federal Republic of Nigeria. It is our view that where such conflicts exist, we must prioritise public interest in abiding by the Constitution and laws of the Federal Republic over and above provisions of the NBC code.

8. In summary therefore, we have served Nigeria’s public interest, convenience and necessity as outlined above.

9. TRUTH, BALANCE, OBJECTIVITY AND PLURALITY OF THE MEDIA For the benefit of our audiences, students of journalism and mass communications, our regulators, people in power and government and the general public at large who have notions about responsible journalism and a media organisation’s responsibility to report news with balance and objectivity, let me state without fear or equivocation that the purpose of any responsible news media institution is the singular pursuit of truth. There is absolutely no obligation from any media organisation or any journalist to balance a story, but that is not to say they do not have a responsibility to be objective in their methodology for establishing the truth. For example: Today, we accept global warming as an environmental phenomenon. Global warming is real. This is the truth. In discussing the issue, is there any basis for balancing a global warming story with a skeptic who does not believe in global warming? Absolutely not! But no media organisation can assume that global warming is truth. They must go through a process. An editorial board will have to review empirical data objectively and dispassionately and come to a resolution that global warming is real and shall be reported as truth in their news bulletins, programmes and editorials. This is how we arrive at our editorial positions at DAAR Communications Plc. If we are critical of this administration’s management of the economy, it is because our editorial board have reviewed the economic indices and these show that Nigeria is worse off today than it was under previous administrations. If we are critical of this administration’s commitment to nationhood and the principles of fairness, equity and justice for the various ethnic nationalities that make up the configuration of Nigeria, it is because the principle of Federal Character has been fragrantly ignored in the appointments of this administration and the remarks of principal officers of this government point to a lopsided bias in favour of regions from which votes were generated rather than showing leadership to all. If we are critical of this government’s commitment to the tenets of democracy, it is because we have witnessed unabated interferences, harassment and intimidation by the agencies under the executive arm of Government on the institutions of democracy and their principal officers. This include the leadership of the National Assembly, the Judiciary and now the 4th estate of the realm. We cannot separate these truths from reality. They are empirical and undeniable. We have been professional and objective in our assessment of the empirical evidence that led us to some of these conclusions. These have no bearing and no roots in partisan politics. They are statements of fact. We are a business and a commercial enterprise. We do not refuse anyone access to airtime. If Government feels that our editorial positions are unfair, they have opportunity to represent themselves. We have never refused this Government a slot to respond or to reply to these positions. We have on the contrary, invited them times without number to appear for free to explain their positions and address the agitations of ordinary Nigerians. But they cannot determine what questions we ask them and what issues are off-limits. They must appear knowing that they are subjecting themselves to public scrutiny. The representatives of this Government have largely not taken up the opportunity to rise to this challenge. Our obligation as provided for in section 22 of the Constitution of the Federal Republic of Nigeria is to hold government, public officers and people in power accountable to the public. If AIT appears biased in propagating its editorial position, it is because the representatives of Government have shied away from giving account of themselves on our platform and not because AIT denies the Government opportunity to make their perspectives known to our audiences.

10. ALLEGATIONS OF DAAR POLITICAL BIAS OR DELIBERATE CENSORSHIP OF FREE MEDIA? For our audiences who were unborn or were too young to track our pedigree in this industry, it is important to emphasise that DAAR Communications Plc has played this important role and stood by the tenets of the profession since we started broadcasting in 1993. We have suffered harassment from successive governments since the days of General Sanni Abacha and the struggle for democracy in Nigeria. For the benefit of our detractors that attribute our positions to partisan politics, allow me recap some of the notable critical positions we took against successive PDP administrations starting with President Olusegun Obasanjo in 1999: Tenure Presidency Party Issue 1999 - 2007 Olusegun Obasanjo PDP 3rd Term Agenda 2007 - 2011 Umaru Yar’Adua PDP Doctrine of Necessity 2011 - 2015 Goodluck Jonathan PDP Fuel Subsidy Removal Many of our viewers who raised the loudest plaudits for our actions then are now part of and hold senior positions in the ruling party, the APC. They know and understand the power of the media and a free press and understand that the pen is mightier than the sword if their government is compromised or found wanting. DAAR Communications Plc remains one of the few remaining independent media organisations operating without any fear or hinderance. We cannot separate the proclamations from senior members of the Buhari presidency, the demolition of our security infrastructure by the FCDA, the threatening letters and fines from the industry regulator and a number of other actions we have been duly notified of being plotted and in the pipelines, from desperate attempts to gag, muzzle, restrain and impair our operations and reportage.

11.​Gentlemen of the press, I have been reliably informed that some security agencies have threatened my person with the “Okadigbo treatment”, whatever that means. When I, High Chief, Engr. Raymond A.A. Dokpesi, Ph.D., D.Sc, OFR, Founder and now Chairman Emeritus of DAAR Communications Plc, committed myself to partisan politics in 2014, I duly resigned as Executive Chairman and recused myself from day to day operations of DAAR Communications Plc. This was the right thing to do.

12.​I however cannot ignore that our regulator, the NBC today is under the leadership of a partisan politician. Ishaq Moddibo Kawu, the Director General of the NBC, was an aspirant of the APC for the governorship of Kwara State before the recently concluded general elections in Nigeria. Is he in a position to regulate freely and fairly? Is he devoid of partisan interest in regulating the industry? The fact that he lost his primaries and returned to resume as DG of the NBC is in itself despicable.

13.​In spite of a global broadcast network license granted to DAAR Communications Plc by General Sanni Abacha administration in 1994, the DG of NBC has stalled the Commissioning of our stations in Yola, Awka and Sokoto since 2016 by fragrantly refusing the Commission Engineers to inspect the fully built and equipped broadcast facilities for radio and television. The DG of NBC falsely accuses DAAR Communications Plc of being indebted to the Commission for a license fee to the tune of N500 million.

14.​The truth of the matter is that at the commencement of the current broadcast licence renewal period, the Commission unilaterally fixed the network licensing fee for private network broadcasters at N500 million. The Broadcasting Organisations of Nigeria (BON) on behalf of all broadcasters made several representations to the National Broadcasting Commission that the fee is darn too high bearing in mind that the economic fortunes of our country and the collapse of industry in Nigeria.

15.​I am very reliably informed that BON made representations to the President, Commander in Chief of the Federal Republic of Nigeria, through the Honourable Minister of Information, to review very significantly downwards the level of fees payable to the NBC and the humongous taxes that these private stations are made to pay to the Federal Inland Revenue Services (FIRS). I have reiterated in the years past, that the State and Federal Government stations are made to pay much lower license fees and if my memory is not short, it is about N10 million annually and do not pay any taxes. This is in spite of the fact that these stations also have budgetary allocations, grants and subventions. Even at that, NBC sources have severally confirmed that these stations are also heavily indebted. Therefore the 5-year National network license for government owned stations is just 10% of what privately owned national network broadcasters are forced to pay. Yet they all still go to the same market to scramble for the very limited adverts available and offer uneconomical rates which the private sector cannot match since we do not enjoy same subsidies in covering the costs of our operations. Rather than create a level playing ground for the deregulated industry to flourish in Nigeria, Mr Ishaq Moddibo Kawu, the DG NBC, in an email to a very senior and respectable broadcaster who volunteered to intervene between DAAR Communications Plc and the DG, stated inter alia: “Good morning Sir. I’m unable to allow the inspection until and unless DAAR Communications effects payment of the over N500 million they owe NBC. I sincerely apologise to you Sir, because it is NOT about you, neither am I trying to disrespect your person. I will NEVER do so! But we have an experience with DAAR Communications and that’s what is guiding my action. Besides, there is no rational basis for me to allow an inveterate debtor as the organisation is to open new stations when it is OBVIOUS they have no plan to pay! In truth, they shouldn’t be on air in Nigeria because they have refused to meet their licensing obligations. It is that simple. Regards Sir.”

16.​Ladies and gentlemen, the N500 million license fee here is not a debt from the previous licensing periods, but from 2016 when the new licensing period started. As stated earlier, this figure has been rejected by the industry and the umbrella body for all broadcasters, BON, is still negotiating a reasonable and sustainable fee with the Government. You will recall, in the heat of the campaign period just before the General Elections, at a BON Conference in Port Harcourt, the DG threatened to shut down over 100 radio and television broadcasters for failing to yield to the extortion of license fee payments since the 2016 licensing period became operational. Inspite of the ongoing negotiation, DAAR Communications Plc has continued to make payments on account for Licence fees!!! In the subsequent discussions and correspondences with those that discussed DAAR Communications Plc matters with him, the DG NBC, finally opened up and confessed his fears that his refusal to grant the DAAR Communications request is because DAAR Communications will use the stations in those aforementioned locations to promote the People’s Democratic Party to the detriment of the APC. I have no doubt in mind therefore the NBC under the leadership under Moddibo Kawu has become very high handed and tyrannical in its regulatory roles of the electronic media in Nigeria. I have it on good authority also that certain other privately licensed broadcasters have also been marked and pencilled down for humiliation, intimidation, endless queries and constant threats of revocations of broadcast licenses by the Moddibo Kawu lead NBC.

17.​So when one juxtaposes and considers all the above with the fact that the Director General of the NBC, Ishaq Moddibo Kawu, was dragged to court by the Independent Corrupt Practices and other Related Offences Commission (ICPC) on a 12-count-charge bordering on fraud in the digital switchover project of the Federal Government and that that members of his management at NBC have testified against him openly in court, it begs the question: can this man remain independent of external and clandestine influences? Can the scandal he is embroiled in be used to influence his performance as a regulator? Is it possible that he will go the extra mile over and beyond the powers of the NBC to gain favour from politicians and powers who may have influence on whether to retain him as DG and offer him a soft landing on the charges before him? Is he a fit and proper person with the interest of the industry at heart to lead the regulatory body?

18.​He too must know that the right thing for him to do is to step down from the leadership of the NBC at least until such a time that he is acquitted of the charges against him. Do I need to tell him the right thing to do? Can the broadcasters he is regulating freely raise these issues against him as a public figure? I make bold to unequivocally call on the Federal Government of Nigeria to immediately relieve him of his duty at the NBC to allow the industry to breathe fresh air.

19.​Now, the Commission has come out boldly to challenge DAAR Communications’ right to editorial opinion, views and commentary. In a letter NBC|AIT.05|19 addressed to the General Manager, (AIT & Raypower), and titled: USE OF ONE-SIDED AND UNFAIR ALLEGATIONS OF NEWS COMMENTARY ON JUSTICE BULKACHUWA’S MEMBERSHIP OF PRESIDENTIAL PETITION TRIBUNAL; WARNING. The NBC claims that a News commentary on the above subject matter replete with unfair allegations against the judiciary was aired from Monday, 20th May 2019 on AIT and Raypower FM. “The commentary was aired on the two stations severally during the week. The broadcast is a contravention of the provisions of the code and extant laws regarding discussion of cases pending in the law courts, which could be termed as contempt of court. Furthermore, the language used was offensive and unfair on the judiciary.” The NBC letter goes further to say the broadcast is viewed as offensive, unfair and unprofessional as provisions of section 1.15.1 of the Nigerian Broadcast Code was violated. Section 1.15.1 “Broadcast objectives are best achieved if all involved in the production and transmission of programs adhere to the following laws” Section 1.15.1 (F) “The law of contempt relating to matters pending before the law courts.” The NBC further states that the material is also perceived as one sided in favour of the likely sponsors, a violation of section 0.2.2.1 (b) that states: “Broadcasting Organizations shall recognize that they exercise freedom of expression as agents of society, not for any personal or sectional rights, privileges and needs of their own or of their proprietor’s, relatives and friends or supporters.” It adds that section 5.1.2 also states inter alia “News shall be factual and presented in a correct and fair manner, without distortions, exaggerations or misrepresentations. The NBC concludes its letter by stating: “Consequently your station is by this letter WARNED and advised to be cautious when discussing issues relating to matters pending in the court of law and refrain from use of language inimical to the broadcast profession.”

20.​Gentlemen of the Press, nothing can be more preposterous and bizarre. The NBC does not appear to know the difference between NEWS and Commentary / Opinion / Editorial. Or the NBC under the leadership of the DG is being mischievous in doing a hatchet job of admonishing the free press for exercising their right under the guises of contraventions of the NBC code. What was aired by AIT and RayPower referred to above by the NBC was simply Editorial commentary in which the President of the court of Appeal, Hon. Justice Zainab Bulkachuwa was called upon to recuse herself from the Presidential Election Petition Tribunal as there was the likelihood of bias on her part.

21.​The Editorial quoted profusely from national and international laws on the likelihood of bias. Justice Bulkachuwa’s husband is not only a card-carrying member of the ruling party the APC but in actual fact a Senator elect on the platform of the APC. What is more, her son ran for the Governorship ticket of a state under the APC during the last general elections.

22.​What the editorial called for is most certainly what any and every responsible media house ought to do in the full exercise of its role not only as the fourth estate of the realm but in the execution of its constitutional role of ensuring that all three arms of government are held accountable to the people.

23.​We find the NBC’s allegation of unprofessional conduct on the editorial position of AIT & RayPower reprehensible and totally reject it in its entirety. An editorial is a commentary that clearly states the position of the media house publishing or airing. It is usually the media houses’ standpoint on any issue. It is strong views expressed without equivocation and any apologies to anybody. Indeed, globally, the media holds its right to editorial positions as one uncompromisable and inalienable right and privilege. It is the basis for the right of the people to know. The pedigree of the AIT & RayPower as broadcast stations resolute in its defence of the masses will not be canvassed here.

24.​I must however, say very quickly here that the allegation of likely sponsors made by the NBC is a statement of guilt given the partisan outlook of the leadership of the NBC and the onus for the DG himself to recuse himself from the leadership of the NBC. In any case, that the NBC would merely conclude by issuing a warning to AIT & RayPower over what it calls use of one sided and unfair allegations against Justice Bulkachuwa’s, membership of the Presidential Election Petition Tribunal speaks volumes. The NBC conveniently refuses to acknowledge that the honourable Justice and President of the court of Appeal has actually stepped aside and recused herself in deference to calls made by AIT amongst other patriotic and well meaning Nigerians even though she gave personal reasons for her decision. Let me praise the courage and doggedness of other media organizations, print, electronic and social that made similar calls. It is time to stand up for what is right.

25.​Similarly, two other letters were received by this organization from the NBC on May 27th, 2019. The first was titled, “BROADCAST OF DOCUMENTARY: THE NIGERIAN JUDICIARY ON TRIAL: THE KENYAN EXAMPLE.” While the second letter is titled, “LACK OF EDITORIAL RESPONSIBILITY IN USE OF CONTEXT FROM SOCIAL MEDIA.”

26.​Gentlemen of the Press, we are all professionals, we did not hide the identity of the production of the Documentary. It was an AIT production. If politicians and other stakeholders are willing, ready and able to hide the gross and brazen abuses that were inherent in the last general elections, the worst elections we have had since 1999, we the media must not be intimidated and hounded to submission. We must speak out to save our democracy. We must stand resolute and fearless in the discharge of our responsibilities as the fourth state of the realm. The media must remain a fertile ground for the cross fertilisation of ideas, constructive criticisms, give voice to the voiceless and help to the helpless.

27.​The documentary we aired on the Nigerian Judiciary on Trial – The Kenyan Example was absolutely nothing out of the ordinary. The petition already laid before the tribunal at the time had become a public document. There were already ongoing robust and very engaging debates on the salient points of the petition before the Tribunal. All AIT simply did was add our voice to the conversation by addressing the minds of Nigerians to the Kenyan Example at their Presidential elections in 2017. This was because we found similarities in the situations of both but separate events. In any case, the point really was that the Supreme Court of Kenya cancelled the Presidential elections and ordered a repeat because in its view the server of the electoral body had been compromised. We are all aware of the heated but sometimes absurd debates that have arisen over INEC servers since our general elections and how it is indeed impacting negatively on the nation’s standing in the comity of Nations. Again, we at AIT and RayPower plead not guilty to the NBC charges that the broadcast is not only prejudicial but also seen as an intimidation of the judiciary and the attempt to influence the process of the Presidential Election Petition Tribunal. The NBC must see itself as a national regulatory body that it is and not an organization existing to protect the sole interests of the ruling party in government. Except this is done and quickly too, the NBC will soon find itself immersed in a cobweb of intricate and and very uncoordinated interpretations of the code of broadcasting and other laws. There are existing laws in Nigeria that govern contempt and there are legal procedures for the courts to find any person or organization guilty. The NBC can therefore only act in furtherance of a court order towards applying the full sanctions of the law. That the NBC would arrogate to itself the authority to decide whether a broadcast station has committed a contempt of court charge and threaten fire and brimstone smacks of a total misrepresentation of what our extant rules are and about. As I have already said we are absolutely not guilty of the charges and allegations raised by the NBC in the documentary.

28.​The third and final letter accuses AIT of lack of Editorial Responsibility in the use of content from social media. This allegation is as absurd as it is self-contradictory. The programme in question – Kakaaki Social – which holds in the mornings on weekdays curates the thoughts and opinions of ordinary Nigerians as expressed on social media regarding a variety of topics. It is important to note that this programme generates none of the content published but only curates and publishes the thoughts and opinions of the Nigerian public on critical issues.

29.​On May 27th, 2019 NBC wrote a letter querying the producers of the programme for publishing opinions of Nigerians over the threat by militants in the Niger Delta to declare a Niger Delta Republic on June 1st, 2019. The threat by the militants was widely reported by every media print, tv, radio and online media house in the country.

30.​However for some unknown reason, the programme was singled out by NBC and accused of issuing a call to war and being outrightly inciting. This accusation was made in spite of the fact that most of the comments published on the programme condemned the threats of secession and called for national unity. The reference underlined in the NBC letter to the singular comment seemingly supporting secession of the Niger Delta Republic did NOT endorse secession. It merely drew attention to proposals by the Nigerian government to offer N100 Billion to Miyetti Allah to seize kidnapping in the country when the contributions of Miyetti Allah to the Nigerian economy are limited to the meat industry and compared it to failed promises by Government to address environmental concerns and the agitations of Niger Deltans who suffer as a result of the oil economy having the most devastating externalities on the indigenes. Are we supposed to censor the perspectives of a Niger Deltan who has raised a valid comment concerning the fairness, equity and justice of this Government in contemplating payments of a huge sum of money to Miyetti Allah when the Niger Delta has remained peaceful in spite environmental degradation and failed promises to clean it up? His rights are protected by section 39 of the Constitution of the Federal Republic of Nigeria. In response to the NBC’s grievance that we even allowed the issue of secession pass through our editorial gatekeepers, let us ask: is this not news? Is it not in public interest for the oil companies, their workers and staff to take extra precautions over increased restlessness and agitation? Is such reportage unprecedented?

31.​You will recall about 2014 Boko Haram proclaimed the territories of Borno, Yobe and Adamawa states as seceded under the authority of Islamic State (IS). This was reported by all local and foreign media. Was this reportage a call to war or being outrightly inciting? Absolutely not, it was a reportage of truthful facts. This is no different. Have imprisoned members of Boko Haram who fought against Nigeria to uphold Islamic State on Nigerian soil not been pardoned and set free by this administration? Did they not commit acts of treason? How then does the NBC equate reportage of an agitation with acts of treason. This is preposterous!

32.​Gentlemen of the Press, we are on a road previously travelled. A media and press clampdown is in the offing. All the tell tale signs are there. It is time to rise up to say if the Executive arm of Government can muscle the legislative arm, intimidate and cajole the judiciary, there is nothing it can do about the fourth estate of the realm, its existence or freedom to operate as it is constitutionally provided for. This is the bitter pill the NBC under its leadership and various influences must swallow. What will work is synergy. If indeed, we all exist to contribute meaningfully to the growth and development of Nigeria and its citizens, we must begin to see ourselves as partners and not as avowed enemies on the basis of our political, religious and other beliefs. AIT & RayPower by the special grace of God are ideas whose time have come. Except God wills it lesser mortals shall labor in vain to kill it. Thank you ever so much for honouring this invitation and God bless.

33.​I shall now embark on my protest march to the National Assembly and other designated locations to ensure that the entire world is made aware that a major offensive on the Freedom of the Press has started in Nigeria.

34.​I call on the media, national and international, the global civil society and human rights groups and the committee for the Protection of Journalists, CPJ to heed our clarion call and come to our aid.

God protect the free media in Nigeria. God save democracy in Nigeria.

God bless the Federal Republic of Nigeria.

Thank you.

Last modified on Thursday, 06 June 2019 12:02

Governor Seyi Makinde of Oyo State has given all the former aides of the immediate past governor of Oyo State, Abiola Ajimobi, a 48-hour ultimatum to return government vehicles with them.

The state government in a statement by the Chief of Staff to the Governor, Chief Bisi Ilaka, said the former state officials must comply with the directive.

The statement read, “ Governor Seyi Makinde has directed that all former political functionaries who are still in possession of government vehicles to return them to Government Transport Pool within 48 hours.

“Failure to which the security agencies shall be directed to retrieve such vehicles from wherever they may have been kept.”

The government said it would ensure that all assets illegally taken away by former public officials were returned.

The Manufacturers Association of Nigeria has cried out that investments are being lost as a result of the continued poor power supply across the country.

MAN explained that a situation where the country had been managing between 2,500 and 4,000 megawatts would only have a negative impact on the manufacturing sector.

The Chairman of MAN, Rivers and Bayelsa State Chapter, Senator Adawari Pepple, stated that if the situation did not get better, Nigeria might continue to lose investors to a country like Ghana, where the power sector had improved tremendously.

Pepple, who spoke in a telephone interview on Wednesday, pointed out that no business could thrive relying on electricity from generator.

He noted that when companies shut down due to constant power outages, the country’s rate of unemployment would only worsen.

“The continuous power outage is impacting negatively on investments because manufacturers are feeling the pains. There must be constant power supply for any business to thrive.

“A lot of companies and small businesses are shutting down and moving to Ghana, where there is adequate electricity supply. There is no way any business can be run successfully without regular electricity supply. The manufacturing sector is the leading employer of labour.

“If investments are shutting down, the fact is that the rate of unemployment will be high; there will be youth restiveness and crime rate will also increase,” Pepple stated.

The MAN boss, however, called on the government to tackle the challenges facing the power sector so that the Nigerians, including manufacturers, would begin to enjoy adequate electricity that would help their business.

“Currently, we as a country are not even there as far as the power sector is concerned. There is need for government to tackle this problem. If there is enough power supply, Port Harcourt and Bayelsa will be booming.

“Assuming the power sector is working optimally; the manufacturers will produce their goods and will employ more hands. This will reduce youth restiveness and crime,” Pepple said. Punch 

 

Three appellants have urged the Court of Appeal in Abuja to disqualify President Muhammadu Buhari as a candidate in the last presidential election held on February 23, 2019, for allegedly submitting false information regarding his educational qualifications to the Independent National Electoral Commission.

The prayer is contained in their appeal which they filed against the May 2, 2019 judgment of the Federal High Court in Abuja which had dismissed their suit.

The appellants are, Kalu Agu, Labaran Ismai’l and Hassy El-Kuris.

They joined Buhari, INEC and the All Progressives Congress in the appeal.

They had, among other prayers, asked the Federal High Court in Abuja to declare that Buhari submitted false information regarding his educational qualifications/certificates to INEC for the purpose of contesting election into the office of President of the Federal Republic of Nigeria in the 2019 General Elections.

They sought an order disqualifying Buhari from presenting himself and or contesting for the office of President in the election.

They also sought an order directing APC to reject/remove Buhari’s name as the party’s presidential candidate.

But in his judgment delivered on May 2, 2019, Justice Ahmed Mohammed of the Federal High Court in Abuja dismissed the suit on the grounds that it was statute-barred not being filed within the time prescribed by the Constitution.

In their appeal against the judgment, the appellants asked the Court of Appeal to hold that the trial court was wrong in relying on the court papers filed by Buhari through a law officer in the Ministry of Justice.

The appellants stated, through their lawyer, Ukpai Ukairo, "Arising from the foregoing it is our submission that the learned trial judge was, with respect, wrong to have held that the objection to the representation by the Attorney General and ipso facto the processes was belated in that there was no objection to the appearance of the law officers and that the Appellants reacted to the processes filed.”

They also urged the appellate court to nullify the decision of the trial court to the effect that the suit was statute-barred by computing the number of days from September 28, 2018 when the APC held its primary election in which Buhari was elected as the candidate of the party.

The appellants’ lawyer stated, “In conclusion we submit that the decision of the court below be reversed on the following grounds: “That the processes filed by the 1st respondent (Buhari) are incompetent and ought to be struck out.

“That the suit is not statute-barred as it does not question any act or event occurring at the 2nd respondent’s primary election.

“That the court assume jurisdiction over the suit and grant the reliefs sought at the lower court since we have demonstrated in paragraph 2:7 above that there is no counter affidavit known to law in opposition to the Originating Summons and ipso facto the reliefs sought.”

Punch