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Another presidential candidate, Mr Ambrose Oworu, and his party, Hope Democratic Party (HDP), have dragged President Muhammadu Buhari and presidential candidate of Peoples Democratic Party (PDP), Mr Atiku Abubakar, to court over the February 23 election.
The petitioners are challenging the legality of the election earlier slated for February 16 but later shifted to February 23.
Oworu and his party in the petition marked CA/EPT/PRE/001/2019 are praying the tribunal to nullify the presidential election and the declaration of Mr Buhari as winner.
They added that Independent National Electoral Commission (INEC) has no power under any law to shift the February 16 date to 23.
According to Oworu and HDP, who claimed to have been omitted from participating in the February 23 election, the election was invalid by way of non-compliance with provisions of the Electoral Act stipulating the conditions under which election can be lawfully postponed.
They added in the petition that they were validly nominated for the election, but INEC unlawfully excluded them by removing their names and party logo from the ballot papers.
In a way of proving their allegations, the petitioners said they will at the trial rely on laws in support of their petitions to establish that the shifting of the election from February 16 to 23 was without the force of law and powers to do so.
The petitioners also said for INEC to have placed a false version of their registered party logo on the ballot papers for elections, deprived them of realising their political ambition in the 2019 general election.
Meanwhile, an ex-parte motion filed by the petitioners seeking to serve Buhari with their petition and other processes is to be heard at Court of Appeal in Abuja on Thursday.
The ex-parte motion filed by an Abuja based lawyer, Mr Yusuf Ibrahim, is seeking an order of the court to serve Buhari by way of pasting the said petition at Aso Villa Presidential Office, the National Secretariat of All Progressive Congress (APC) and at the tribunal’s notice board.
The ex-parte motion followed an affidavit of non-service deposed to by Chief Bailiff of the Court of Appeal, Mr Abubakar Mohammed, where he claimed that securities at the reception of Aso Villa denied him access to serve Buhari on the grounds that there is no directive from the president’s office to do that.
A second suit against Buhari, Atiku On March 6, presidential candidate of National Rescue Movement (NRM), Mr Usman Ibrahim-Alhaji, dragged Messrs Buhari and Abubakar to court over alleged excess spending on campaigns.
Ibrahim-Alhaji is praying the court to invoke Section 91(2) of the Electoral Act, 2010 to nullify the participation of Buhari and Abubakar in the February 23 presidential election for allegedly violating the Electoral Act 2010.
The plaintiff through his counsel, Mr Ezekiel Ofou, is praying the court to set aside the participation of Buhari and Abubakar on the grounds that they spent over N1 billion each as campaign expenses.
PT
Speaker of House of Representatives, Mr Yakubu Dogara, has lashed out at President Muhammadu Buhari over 2019 and previous budget estimates and procedure.
Dogara in his opening remarks at a public hearing on 2019 budget said the budgets over the years have only reflected the selfish wish of its drafters.
He said the budgets have repeatedly excluded national values and interests.
He also criticised the late submission of budgets to National Assembly by the Executive.
“Over the years, the main problem with our budget as submitted by the Executive is that it does not reflect national values and priorities.
The budget, more often than not, only reflects the values and priorities of those who help the president in drafting it.
The integrity of project selection process has always been the bane of our national budgets.
I regret to say that until we eliminate these problems, we will always have non-implementable national budgets which cannot be relied upon by policymakers in establishing spending priorities,” he said.
Dogara bemoaned a situation whereby budgets only mutter less than average performance. He exonerated National Assembly from delays in the passage of budgets.
“It is very painful that for some years now, our budget process has been an exercise in either or a combination of audacious optimism and/or hypocrisy involving key actors putting together a budget that they fully know will at best be implemented up to 45 per cent, which is by all standards below average.
“How many of us will be proud of a child who consistently performs below average in his exams?
How many of us here are proud of our below average budget performance all these years? Our below average budget performance is the main reason why Nigeria has remained a major promise as our national potentials cannot be realised without effective budget planning and execution.
“The budget is the most important law that is passed yearly, consequently, no parliament anywhere in the world rushes it. Let me re-emphasise that this parliament can never be a rubber stamp and neither are we prepared to surrender our constitutionally assigned rights of checks on the Executive.
“It is unfortunate, however, that many commentators always ignorantly accuse National Assembly of delaying the Appropriations Bill as if we are meant to urgently rubber stamp whatever budget estimates submitted to us by the Executive.
If we fail to scrutinise the budget proposals, it will not only amount to an abdication of our constitutional responsibilities as legislators but a betrayal of the mandate of our constituents.
“Let me also add that it is very unfair for the Executive to consistently and repeatedly blame National Assembly of delaying passage of the budget while failing to address the issue of late budget submission on its part.
Fiscal Responsibility Act, 2007, provides that the Appropriations Bill be submitted not later than September of the preceding year which will give the parliament ample time to process the document and pass it in good time.
Unfortunately, the 2019 Appropriations Bill was submitted on December 19, 2018, just 12 days to the end of the year and the earliest time an Appropriation Bill has ever been presented to the National Assembly in this dispensation was on November 7, 2017.”
He urged the executive to ‘honestly’ and ‘diligently’ implement 2019 budget.
Earlier, chairman Senate Committee on Appropriation, Mr Danjuma Goje, said the public hearing was important to ‘promote an all-inclusive and active participation’ in the process of passage of the 2019 budget.
He noted that the public hearing, in its third year, had in the past birthed meaningful policies that added value to the budget.
PT
Gunmen, on Wednesday, attacked Suleiman Abubakar, Chairman of Correspondents’ chapel of Nigeria Union of Journalists (NUJ) in Nasarawa State and abducted his wife, Yahanasu Abubakar.
Suleiman said that the incident happened about 7 p.m. along Gudi-Garaku road in Akwanga Local Government Area of the state.
According to Suleiman, the gunmen shot at the union bus they were travelling in from Keffi, where his wife went to register at the National Youth Service Corps (NYSC) orientation camp.
He said the bus ran into a ditch after being shot at, while the gunmen swooped on them, took his wife, the wife of a former state assembly member, who they gave a lift as well as two other women from another vehicle during the attack.
Meanwhile, ASP Samaila Usman, the Police Public Relations Officer (PPRO) in the state, said the command had mobilised officers to the area to search and rescue the abducted women.
The Founder of Daar Communications Plc, Raymond Dokpesi, on Wednesday, said he was invited by the Nigeria Immigration Service (NIS) on issues related to his International Passport.
Dokpesi, speaking with newsmen at the gate of the Immigration Head office in Abuja, shortly after an interrogation that lasted for about two hours, said that the Service wanted him to leave his passport with them.
He recalled that on his return to Nigeria on March 25 from a medical trip, immigration officers invited him on arrival at the Nnamdi Azikwe Airport and he was with them for about 50 minutes, before he was allowed to leave.
Dokpesi said that the officer handed back his passport to him with an instruction that they would reach him subsequently.
“On Monday, I received new information and in line with the normal process, I returned my passport to the Federal High Court since I travelled under a judicial approval or permission.
“So, I returned my passport that I have gone and came back and gave notice that I might have to go for a medical checkup so that they will ensure that my medical operation was successful and that all the organs and everything are properly healed.
”When I got the (NIS) letter yesterday, (Tuesday) March 26, I replied that same yesterday notifying them that I have returned the passport to the Federal High Court and that it has been duly acknowledged and added all the necessary information.”
Dokpesi said that the officers who interrogated him, however, said that the service had expected him to go to the court and obtained the passport with their letter of invitation.
He said that he totally defer himself from that line of thought.
“I got the passport from the Federal High Court, I have returned the passport to the Federal High Court.
“If the Immigration Service, with the instruction from above, requires my passport, then write directly to the Federal High Court and request for the passport.
“I stood my ground and said, well I am a Nigerian citizen, I have travelled out for my medical treatment.
“I am back to the country and I voluntarily came back and have handed over my passport to the appropriate authority.
“They were telling me that passport was a property of the federal government and federal government has a right to withdraw it at any time,’’ he said.
Dokpesi said while agreeing that passport was a property of the federal government and it has the right to withdraw, he believed that he was also a citizen and judicial process and rule of law should be followed in doing so.
Asked if the issue has been resolved, Dokpesi said he was told that he could be invited again if the need arises.
Speaking earlier with journalists, the NIS Public Relations Officer, Mr. James Abraham, said that Dokpesi was invited for official-related issues and he had been released.
“But I can’t discuss the issues with you now.”
Asked if the invitation has anything to do with Dokpesi’s legal battles, Abraham said that Dokpesi was a high-profile individual and until his investigation was concluded, the matter could not be disclosed.
“Immigration is just doing its official assignment and when it is due for the public to know the outcome, they will know,’’ he said.
Abraham said that all Nigerians were treated the same way, with high standards particularly when it is related with the operation of the Immigration Service.
“We don’t undermine human rights and we don’t undermine the standard of practice. Every person that is treated by the NIS is treated with the best practice.”
On whether Dokpesi would still be invited, Abraham said: “If there is any need to invite him again, why not?”
Dokpesi is standing trial for alleged involvement in the diversion of N2.1 billion security funds by Colonel Sambo Dasuki (rtd), former National Security Adviser (NSA).
A new public survey released on Tuesday by Socio-Economic Rights and Accountability Project (SERAP) reports high levels of corruption in public institutions in Nigeria for the past five years.
Of the five major public institutions surveyed, the police emerge as the most corrupt, with the power sector identified as the second most corrupt in the country today.
Other public institutions identified as corrupt by 70% of Nigerians surveyed are: the judiciary, education and health ministries.
The survey reveals that the level of corruption has not changed in the last five years.
The latest report by SERAP entitled Nigeria: Corruption Perception Survey was launched at the Sheraton Hotels, Lagos.
According to the survey, “a bribe is paid in 54% of interactions with the police. In fact, there is a 63% probability that an average Nigerian would be asked to pay a bribe each time he or she interacted with the police.
That is almost two out of three.” The chairman of the report launch, Professor Akin Oyebode, said: “Nigeria is looked upon as a giant of Africa. Yet Nigeria could not conduct free, fair and credible elections. It is a smear on the image of Nigeria. If we do away with selective enforcement and condonation of corruption, we will build and live in a better society. Corruption is a refined form of stealing. The politicians are stealing our common patrimony. Development of the people is almost inversely proportional to the level of corruption.”
The report read in part: “Corruption remains a significant impediment to law enforcement, access to justice and basic public services such as affordable healthcare, education, and electricity supply.
Several Nigerians have to pay a bribe to access police, judiciary, power, education and health services.
Corruption is still a key concern in the country with 70% of Nigerians describing the level of corruption as high and in the same measure, stating that corruption levels either increased or remained the same in the last five years.”
“The national survey carried out between September and December 2018, covered the police, judiciary, power, education and health sectors to assess the state of corruption in law enforcement and public service provision.”
“From the analysis of the anti-corruption legal and institutional framework in Nigeria, the following cross-cutting issues emerged: there is lack of political goodwill to consistently enforce the different anti-corruption laws; inadequate funding for the various anti-corruption agencies; weak public support and/or ownership of anti-corruption initiatives; poor clarity of roles between various anti-corruption agencies; and public perceptions of politicisation of corruption arrests and prosecutions.”
“Bribery experiences were interrogated and recorded in the key sectors of education, health, the police, judiciary and power. Data analysis was conducted under five different and interrelated variables. There was a 63% probability that an average Nigerian would be asked to pay a bribe each time he/she interacted with the police. The likelihood of bribery in the power sector stood at 49%. With the chances of encountering bribery at the judiciary, education and health services standing at 27%, 25% and 20% respectively.
“The police were the most adversely ranked on this indicator. For every 100 police interactions reported by the respondents, there was a bribe paid in 54 interactions. The prevalence levels stood at 37% in the power sector and 18% in education,17.7% in the judiciary and 14% in the health sector.
“51% of the individuals that paid bribes to the police and 35% to the power sector believed this was the only way to access the services sought from the institutions. The ranking of the education sector and the judiciary was less adverse with 16% perceiving bribery as the main avenue of accessing services in the institutions, and health services recording 13%.
“The police and judiciary had the largest proportion of total bribes paid at 33% and 31% respectively. Bribes paid for education, power and health services accounted for 19%, 10.9 and 5% respectively of all bribes reported. The average amount of bribe paid by the respondents was highest among those who paid to the judiciary at about Naira 108,000 (US$ 298). All the other institutions ranked lower on this variable with Naira 12,253 and 11,566 reportedly paid to the police and education sectors, and Naira 6,462 and 5,143 paid for health and power services respectively.”
“Perceptions on corruption trends in Nigeria show almost 70% of the respondents perceived the current level of corruption as high compared to 15.5% that felt it was low. 70% of the respondents said corruption levels either increased or remained the same in the last five years. Only a quarter of the respondents felt corruption reduced in this period.”
“About 41% of the respondents projected that corruption will either increase or remain the same in the next year. About a third of the respondents (31.5%) believed the ruling elite are pursuing their selfish interests only therefore corruption levels will increase into the future. Additionally, about a quarter of the respondents (24.9%) believed the current anti-corruption efforts are not comprehensive enough. The poor state of the economy was also seen as a driving factor to increased corruption at 17.2%.
“Respondents identified poor coordination among the different state players as a key obstacle at 18.4%. Lack of political will from the government and weak public support were ranked second at 12%. Civic action against poor governance: 54.8% of the respondents reported that they had not taken any action against poor governance. That more than a half of the respondents were unwilling to initiate action is alarming and points to low confidence levels that appropriate measures would be taken even if the respondents took action.
“This assumption is buttressed by the finding that 82% of the actions taken were either not responded to or deemed sufficiently appropriate. Low civic action may also indicate low levels of public awareness on what redress mechanisms exist or how to access them.
“The Federal government should establish an independent commission of inquiry to conduct a transparent, comprehensive, and impartial investigation into systemic corruption within the Nigeria Police Force, judiciary, and the ministries of power, education and health.
“The Inspector General of Police should receive and investigate complaints of bribery and corruption against police officers filed by members of the public. The police should liaise with community leaders and civil society organisations in regard to incidents of police bribery and corruption within the community.
“The Chief Justice of Nigeria and the National Judicial Council should identify and review all outstanding cases of judicial corruption and refer such cases to appropriate anti-corruption agencies. They should apply the Code of Conduct for Judicial Officers in a consistent and transparent manner, with full respect for the fundamental guarantees of fair trial and due process.
“The Chief Justice of Nigeria and the NJC should publish annual reports of all activities involving the judiciary, including expenditure, and provide the public with reliable information about its governance and organisation, including the number of judges found to be corrupt, as well as ensure that the Chief Justice of Nigeria and all other judges make periodic asset disclosures.
“The National Assembly should move swiftly to amend the Code of Conduct Bureau and Tribunal Act to ensure public access to asset declarations made by public officials, and urgently pass the Proceeds of Crime Bill, the Whistleblowers Bill, and the Witness Protection Bill among other relevant pieces of legislation.
“The National Assembly should immediately publish all reports of investigations on corruption and corruption-related matters in the judiciary, education, power and health sectors among others that have been conducted by the National Assembly since the return of democracy in 1999.
“A positive legacy by the in-coming administration on 29 May 2019 and the recently appointed Inspector General of Police will mean improving accountability of the police, and proactively working to end all forms of corruption within the rank and file of the police. The Inspector General of Police should streamline and prioritise internal control mechanisms by establishing an Ethics and Integrity Unit at each police station. The unit should include a human rights officer, an anti-corruption officer, and an officer responsible for service delivery complaints.
“The survey targeted a total of 2,655 respondents selected from seven states spread across the six geo-political zones of Nigeria and the capital city of Abuja. The sample was proportionate to population size across these zones. The survey covered the police, judiciary, power, education and health sectors to assess the state of corruption in public law enforcement and service provision.
“Data for the survey was collected through a survey among ordinary citizens picked through simple random sampling of Nigerians above 18 years; in-depth interviews with key governance experts including representatives of national anti-corruption bodies, trade unions, the business community, media, lawyers, academia, people living with disability and university student leaders; and a review of the legal and institutional frameworks guiding anti-corruption efforts in Nigeria to assess their effectiveness.”
Mr Ahmad Lawan is the favourite for Senate President – courtesy of his “rich legislative experience” and character – it was learnt yesterday.
President Muhammadu Buhari, All Progressives Congress (APC) leadership and most APC governors have endorsed the Senate Leader after consultations.
The leaders were said to have considered Lawan’s “qualifications, prudence, accountability, loyalty and rich legislative experience” which will assist APC government to have a robust Executive-Legislative relationship to fast-track development.
Lawan is believed to be a “leader with much focus on accountability”.
It was also learnt that Mr Buhari preferred Lawan because he repeatedly told senators-elect that he will “like to leave sustainable legacies; to be remembered for something”.
Buhari, who was emotional at a stage in his speech during a dinner with old and would-be lawmakers on Monday, regretted the frosty relationship between his administration and leadership of the 8th National Assembly.
Messers Danjuma Goje and Adamu Abdullahi were calm, but Mr Ali Ndume protested against what he called Lawan’s imposition.
The search for President of the Ninth Senate started immediately after the February 23 elections when members of the “kitchen cabinet” sought the opinion of the President on the direction to go.
It was gathered that the President wasted no time in picking Lawan. Besides, every time the governors met with Buhari, his refrain was always “I will be involved in the election of principal officers in the National Assembly this time around”.
The source said the Kitchen Cabinet members, strategists, governors, national leaders of the party and APC leadership later endorsed Lawan.
A source, who spoke in confidence, said: “The choice of Lawan for the office was not the making of National Chairman of APC, Mr Adams Oshiomhole.
The President had zeroed in on Lawan since 2015 and he did not mince words in asking leaders of the party, APC governors and even senators-elect to ‘leave the Senate President for me’.”
“He spent the past few weeks to consult with some leaders of APC, governors and senators-elect to feel their pulse on Lawan.
Having realised his position, some APC governors asked senators-elect from their states to be part of Lawan’s campaign.
“When Ndume met with one of the leaders of the party, he only said: ‘Whichever direction the President is going, I will follow him. You cannot expect me to work against the interest of the president.
“Security reports on Lawan’s lifestyle revealed a commitment to accountability. He does not indulge in wasteful spending. He fits into the austere focus of Buhari.”
Security agencies, it was learnt, rated Lawan as a loyal politician, who has been consistent in the last 20 years as a progressive.
“The dilemma of the President was how to break the news to senators-elect without making it to look like an imposition.
Again, he was not too comfortable with the intrigues on the race for Senate presidency. This was why he felt he must address it before going on break,” the source said, adding: “Buhari only routed his choice through National Chairman of APC, Oshiomhole, to demonstrate deference to party and promote discipline in APC.”
A source said: “The President actually respected us and named his preferences for President of Senate and Speaker of House of Representatives.
“Oshiomhole’s job was simple. He was only to convey the decision of the leader of the party to our members-elect in National Assembly. We are trying to avoid what happened in 2015.”
How the news was broken to senators-elect
A senator-elect at the dinner in the Villa said: “Sitting beside the President, Oshiomhole spoke passionately and made it clear that all ranking senators-elect are eminently qualified to be President of Senate and other principal officers.
He eulogised all ranking senators. “He had some difficulty in going straight to the point but he explained why it was necessary for the party to be united and have a solid leadership in National Assembly.
“After some rigmarole, Oshiomole said National Working Committee had consulted with governors elected on the platform of the party and APC leaders and reached a conclusion that Lawan should migrate from being a Senate Leader to the President of the Senate.
At the end of the day, we are presenting Lawan for consideration.
“Oshiomhole assured that the party will ensure a win-win situation for all, especially those aspiring for Senate presidency.”
Another Senator-elect said: “Only the President and Oshiomhole spoke at the session in the Villa; we were not allowed any input. Lawan is mandated to reconcile with everybody and allow ranking senators to choose the committees they like.”
Asked how they knew that Buhari endorsed Lawan, a senator-elect from North-Central said: “The President was by his side and his body language suggested the choice of Lawan.
“Not only that the President in his remarks plainly said: ‘I thank the National Chairman of our party for making a difficult job for me much easier. I hope this will go as expected.’ Nobody needed any other signal from the President.”
The President was said to have also earned some mileage at the session with some emotional words.
A Senator from the Northeast said: “The President emotionally told us: ‘I want to be remembered for something; I want to leave something for Nigerians. I need your support.”
“Immediately after the President spoke, we all rose to sing the National Anthem.”
Although the announcement of Lawan by Oshiomhole received much applause, it was shocking to other contestants for Senate president, including Messers Danjuma Goje; Ali Ndume and Abdullahi Adamu.
A Senator from the Northwest said: “While Goje and Adamu took it in good faith, Ndume immediately protested to APC governors at the meeting that what Oshiomhole did was unconstitutional.
“He made his feelings known and he was obviously bitter with the development. What pained Goje and Adamu was that they were not consulted. They said they would have loved to be consulted by the President and the party.”
Lawan has been mandated by the party and most senators-elect to reach out to Goje, Adamu and Ndume.
A ranking Senator said: “We are working on how to appease all. We said all our leaders should reach out to these respected Senators aspiring to be Senate President and give them some comfort. We believe it is not too late for the President and APC leadership to consult Goje, Adamu and Ndume.
“For instance, we have some proposals to make Abdullahi Adamu Senate Leader and retain Goje as the Chairman of the Senate Committee on Appropriations.
“It was also agreed that all ranking senators be allowed to choose the committees they like.”
The Nation
A former Senate Leader, Mr Ali Ndume, has described as unconstitutional, endorsement of Mr Ahmad Lawan as APC candidate for the position of Senate President of the 9th National Assembly.
Ndume, who addressed journalists in Abuja, also said that the choice of Lawan was an unpopular decision, unilaterally taken by Oshiomhole.
He said, “It was Adams Oshiomhole that said that Lawan should be our next Senate President.
I don’t believe that is truly the position of Mr President.
“Before I went into this contest, I consulted with Mr President and he gave me the go-ahead. I consulted with Mr Bola Tinubu and he also gave me the go-ahead immediately after the primaries.”
Ndume, who expressed shock over the action of the party, however, said he would consult leaders of the party in the North-East and his supportive colleagues before taking a final position on the issue.
He said, “I am surprised that the decision was taken and we were not given the chance to ask questions or make comments.
The President was called upon to make his remarks and after that we sang the National Anthem.
“Even the chosen candidate was not given the chance to thank us or to say something about it. Those of us that are interested in contesting the position were not even consulted. I left the venue in shock.
“…If this is God’s decision, it will last, if it is not, God will take His own decision. I have a vision for the Senate because Senate has drifted and is drifting to a position where it will not be able to serve its purpose.”
Punch
All Progressives Congress, APC has faulted Mr Ali Ndume for opposing Mr Adams Oshiomhole’s position on the Senate presidency.
Mr Isa-Onilu, APC National Publicity Secretary, said Ndume had no choice but to abide by the party’s decision on the matter if indeed he was a true APC member.
He said the decision to endorse Lawan was not that of Oshiomhole alone but that of the party, including President Muhammadu Buhari, the party’s National Working Committee, state governors and other respected party leaders.
He reminded the senator of the supremacy of the party.
The party’s spokesman added, “The ticket he is holding belongs to APC and he cannot go and work with the opposition to give what belongs to APC to the opposition, like it happened in 2015 when the position of the Deputy Senate President was given to the opposition by some desperate former members of APC.
“Ndume will be wrong to be calling out the party’s national chairman.
The national chairman spoke on behalf of the party.
And when we talk of the party in this instance, it is not just about NWC.
“The President was there when he said it. He did not say anything that the President was not aware of. He did not say anything that leaders of APC are not already part of.”
Punch
Peoples Democratic Party, PDP has said its elected senators and members of House of Representatives are constitutionally eligible to lead the National Assembly.
PDP noted that positions of President of Senate, Speaker of House of Representatives, Deputy Senate President and Deputy Speaker were not exclusively meant for any political party, but constitutional rights of every elected lawmaker in both chambers.
It, therefore, described as laughable, move by leadership of APC and President Muhammadu Buhari to impose leaders on both chambers.
National Publicity Secretary of PDP, Mr Kola Ologbondiyan, stated the position of the party in a statement in Abuja.
He said, “It is laughable and amounts to empty grandstanding and self-delusion for Mr Buhari and National Chairman of APC, Mr Adams Oshiomhole, to pose as if the presiding offices and committee chairmanship in the National Assembly are exclusive rights of APC.
“Buhari and Oshiomhole should wake up to the fact that National Assembly belongs to no political party but to all Nigerians, who exercise their control through their elected representatives.
“For emphasis, Section 50 of the 1999 Constitution (as amended) is clear in providing that ‘There shall be:- (a) a president and a deputy president of the Senate, who shall be elected by members of that House from among themselves; and (b) a Speaker and a Deputy Speaker of House of Representatives, who shall be elected by the members of that House from among themselves.’
“Section 92 (1) makes the same provision for the election of the Speaker and Deputy Speaker of State House of Assembly.”
Spokesman for PDP insisted that the former ruling party had a role to play in the election of who would lead the two chambers.
Punch
The Governorship candidate of the Allied Peoples Movement, APM, in Ogun State, Adekunle Akinlade; and his party have hired Dr. Onyechi Ikpeazu, SAN, as their lead counsel for their petition at the election tribunal.
Ikpeazu was the lead counsel for the Peoples Democratic Party candidate in the 2018 Osun governorship election, Senator Ademola Adeleke.
Ikpeazu led Adeleke’s legal team at the Osun State Election Petition Tribunal, which eventually declared Adeleke winner of the September 2018 election on March 22, 2019.
Ikpeazu, on behalf of Akinlade and the APM in the state on Tuesday, urged the Governorship Election Petition Tribunal in Ogun State to give an order mandating the Independent National Electoral Commission to grant them access to the documents used for conduct of March 9 election in the state.
The motion, which was filed by Ikpeazu, SAN, was supported by five-paragraphs affidavit and a written address.
Ikpeazu will be leading other three SANs — Mamman Osuman, Sebastine T. Hon and Ahmed Raji, alongside other 12 lawyers.
In the motion ex parte, Akinlade and the APM are the first and second petitioners, while INEC, the All Progressives Congress and its candidate, Dapo Abiodun, are first, second and third respondents respectively in the application.
The petitioners in the motion ex parte marked EPT/06/GOV/01/2019, said the inspection became imperative to allow them institute a petition before the Tribunal.
The INEC had declared Abiodun winner of the March 9 governorship election in Ogun State, having polled 241,670 votes to defeat his arch-rival and candidate of APM, Akinlade, who scored 222,153 votes.
While filing the application on 11 grounds, the petitioners submitted that without a formal order from the Tribunal, the respondents would not avail them the required documents for the purpose of instituting their petition.
The documents sought to be inspected, they said, “are indispensable for the purpose of instituting and maintaining the said petition.”
PUNCH
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An Ondo State High Court sitting in Akure has sentenced a man, Chukwudi Onweniwe, to death by hanging for killing his undergraduate girlfriend two years ago.
Onweniwe, had strangulated his girlfriend, Nifemi Adeyeoye, an HND student of Rufus Giwa Polytechnic to death in Owo, Ondo State.
After reviewing the case, the presiding judge, Justice Ademola Bola, found Onweniwe guilty of murder and sentenced him to death by hanging.
The convict was charged on four-count charge bordering on endangering life, abduction, rape and murder.
The prosecutor, Jumoke Ogunjebi, who filed the charge on February 20, 2017, called five witnesses, including the mother of the deceased, to testify against the convict.
The convict abducted Nifemi and took her to a farm near Alayere, Ogbese, raped her and then snuffed life out of her by strangulating her to death.
Nifemi’s mother, who testified before the court, said her daughter had told her she was going to visit her friend on the fateful day.
According to her, she did not know the convict though he was said to be her daughter’s boyfriend. Besides, the bereaved mother said she did not see her daughter again until policemen invited her to come to the mortuary to identify a corpse whether it was her daughter.
Two motorcyclists who saw the duo together on that day also testified in the case and one of them told the court that he carried them to a spot in town.
Delivering his judgement, Bola said Onweniwe was arraigned before the court on May 22, 2017 and he had entered a “not guilty” plea when the four-count charge preferred against him was read to him.
The judge said that an autopsy was carried out by Dr. Pelemo of Ondo State Specialist Hospital, Akure.
Pelemo reported that the autopsy, revealed abnormal state of the deceased’s neck and fracture of the skull. He explained that it suggested that the deceased had been attacked by an object with a blunt edge which led to her death.
The police witness, Inspector John Aderibigbe, said one of the motorcyclists who testified in the case had come to report the suspicious movement of the convict and the deceased at the police station.
He explained that the case was later transferred to the Special Anti-Cultism Squad in Akure.
The judge said the convict had confessed to the officers of the squad according to the testimony of one Ayoola Famoriyo and had taken his team to the spot where he hid the corpse of the deceased.
NAN
Here is the full content of the petition as shown below:.
Monday, March 25, 2019
1.The Inspector-General of Police, Police Force Headquarters, Louis Edet House, Abuja.
2. The Director-General, Department of State Services, Aso Drive, Abuja.
Dear sirs,
PETITION TO INVITE, INTERROGATE AND INVESTIGATE THE PDP LEADERSHIP OVER ITS ADMITTANCE OF ILLEGAL ACCESS TO INEC’S SERVER
BACKGROUND
1. It would be recalled that an Electoral (Amendment) Bill containing the provision for electronic transmission of results to INEC’s central computer system (otherwise called “server”) was sent to President Muhammadu Buhari by the National Assembly for assent late in the year 2018.
2. Despite the shortness of time before the Presidential/National Assembly Elections, and the lack of time to first simulate the process to ensure its effectiveness in a country like ours with problems of effective networks in many rural areas and constant failure of technological devices, together with its violation of the time frame of such laws as provided for in regional and continental Protocols in terms of the length of time required for the passage of such laws before any major election, the leadership of the Peoples Democratic Party was hell-bent that the President should sign the Bill into law. That was the first indication that the main opposition was up to something sinister regarding the electronic transmission of the results.
3. Upon the last-minute postponement of the February 16, 2019 Presidential/National Assembly Elections, the nation was shocked to see already prepared presidential elections results floating around in the cyber space just less than 24 hours after the postponed election was originally billed to hold! The fake results had details of the scores of the candidates of the major parties. Of course, the fake results gave victory to the candidate of the PDP, Alhaji Atiku Abubakar, even when elections did not hold.
4. The only conclusion one can draw from the above is that the PDP had prepared those results which were to be smuggled into the INEC Server. However, the sudden postponement of the election scuttled that evil plan, but it was too late to restrain the release of the fake results.
5. The proper elections were held on February 23, 2019 and President Muhammadu Buhari declared the winner. Despite the approval of the elections as credible by nearly all local and international observers (except some few known PDP acolytes masquerading as local observers), the PDP cried foul and made a shocking claim: it claimed that from purported results it obtained from INEC’s server, it has so-called proof that its candidate won the election by about 1.6million votes!
6. Shockingly and coincidentally, this margin was about the same margin by which it also purportedly “won” by the fake results released just hours after the postponement of the February 16, 2019 Presidential/National Assembly Elections.
7. As if this expensive joke was not enough, the PDP and its Presidential Candidate, Alhaji Atiku Abubakar, have gone ahead to file an Election Petition against the clear victory of President Muhammadu Buhari and have repeated the same outlandish claim of having access to INEC’s server which shows that they have some purported results at their disposal giving “victory” to Alhaji Atiku Abubakar.
8. Sirs, we wish you to note that INEC’s server is the back end of electronic records of INEC. This is not INEC’s website but its server! Although, the purported results have been conclusively shown by public engagements to be false and even ridiculous, especially as the total number of accredited voters is exactly equivalent to the purported votes of the APC and PDP candidates, this criminal claim of the PDP has revealed a few things:
(a) It is now clear that some criminally-minded PDP operatives have access to the INEC server to be able to smuggle in fake results into that server.
(b) The only means by which they could have access to the INEC server is by the criminal hacking of the server or through the criminal conspiracy of some INEC officials.
PRAYERS
The APC Presidential Campaign Council hereby prays that the Inspector-General of Police and the Director-General of the Department of State Services use your good offices to investigate the hacking of and/or illegal tampering with the INEC server by the PDP.
The leadership of the PDP must be invited, interrogated and investigated and those identified as perpetrators must be arrested and prosecuted.
Opposition is healthy in a democracy but it is not a license for criminality and illegality. A country governed by laws cannot be blackmailed or cowed into indolence by the perceived underdog status of the opposition so as to condone such a blatant criminal claim by the PDP of having illegal access to INEC’s server.
We trust you will act with alacrity.
Thank you.
FESTUS KEYAMO,SAN, FCIArb (UK)
Director, Strategic Communications, APC Presidential Campaign Council.
The Court of Appeal sitting in Sokoto, led by Justice Tom Yakubu, has set aside the judgement of a Zamfara High Court on the All Progressives Congress (APC) primaries that produced the party’s candidates for governorship, National and State Assembly elections.
The appeal was filed by Sen. Kabiru Marafa, Chairman of the Senate Committee on Petroleum (Downstream) and 129 others through his Counsel, Mr Mike Ozheokome , SAN.
Respondents are Kabiru Liman-Danalhaji and 139 others represented by Mr Mahmud Magaji SAN as lead Counsel.
Delivering the lead judgment, which was adopted by two other Justices Tijjani Abubakar and Jamilu Tukur, Justice Tom Yakubu, held that the lower court failed in its duty to properly evaluate the evidence before it.
Yakubu said judges have the legal power to produce judgment and reach decisions with reason, noting that in the instance case it was not done.
“I am convinced that the lower Court has failed to evaluate the evidence before reaching the decision. ”
The Appeal Court have power in law to access pieces of evidence on appeal, which we have done .
”Based on available facts the respondents did not contradict the INEC evidence on conducting the said primary election” Yakubu said.
The Presiding judge, said “documented evidence has upper consideration than oral ones”.
Justice Yakubu held that the plaintiffs being card carrying party members and aspirants in the said primary election have legal capacity to institute the suit.
He added that Federal, States and FCT High Courts have jurisdiction to entertain such matter.
The judges agreed that the judgment should serve as “bitter lesson” for political parties as they ought to follow legitimate guidelines and rules.
“Domestic affairs of political party activities must act within the confines of the law in dealing with party members and elections” the judges agreed.
The News Agency of Nigeria (NAN) report that a Zamfara High Court recognised the primary election the produced governorship, state and national assembly candidates held by APC in the state and declared that INEC accept the party candidates for the elections.
Unsatisfied with State High Court decision, the appellants, approached the appeal court challenging the decision on the ground that the State High Court lacked jurisdiction to entertain the suit among others.
NAN recalled that similar case was instituted before the same appeal court by Rep. Aminu Jaji, a Governorship aspirant and member representing Kauran Namoda/Birnin Magaji Federal Constituency and was dismissed after Jaji withdrew.
(NAN)
A three-storey building on Kakawa street in Lagos Island, has collapsed.
According to Lagos State Emergency Management Agency (LASEMA) no body was trapped in the collapsed building as occupants were said to have left for work before the building went down.
Details soon