Author: The Nation

By Stephen Lawani

The 25th February 2023 Presidential election has come and gone, with a resounding victory for our great party, the All Progressives Congress (APC), whose candidate, Asiwaju Bola Ahmed Tinubu was returned as the winner of the keenly contested presidential election.

While we bask in the euphoria of this hard-fought victory and celebrate an imminent transition from one APC-led Federal Government to another, it is my view that the stakeholders who rose above ethnic and regional proclivities and stood for the interest of a United Nigeria; those whose patriotic actions, whose unusual cosmopolitan disposition became the saving grace for our wobbling unity are the true champions of our democracy as a nation and our unity as a complex country of diverse backgrounds.

There is no doubt that pressure mounted on the All Progressives Congress (APC) to field a northern candidate. Those who pushed for a northern candidacy had argued that with Atiku emerging as the candidate of the People’s Democratic Party (PDP) in the presidential election, the APC needed a northern candidate to match him vote for vote in the northern region of the country. This argument was aggressively advanced without recourse to the fact that for the past seven years plus, the affairs of this country has been helmed by a President of northern extraction,  Muhammadu Buhari, GCFR. It could be effectively argued that the northern candidacy agenda was devoid of the bond of patriotism as it tended towards upsetting the tinge of National cohesion the country currently enjoys. It was capable of uprooting the wobbling foundations of our unity and sparking dangerous regional rivalry with our hard-earned democracy and cherished unity at the receiving end.

We are grateful to the Northern APC governors who stood their ground, who refused to jettison the unwritten zoning agreement between the North and South in the leadership of this country. Their courage and conviction to push through even when it was rumoured at a point that Mr President had anointed a Northerner for the APC Presidential ticket, and despite having colleagues who are also aspirants in the presidential race, is a commendable act of selflessness and patriotism which deeply reflects the integrity of the northern governors, and the depth of our democratic maturity as a people. Posterity will remember their contributions fondly, they will pat themselves in the back and be proud of all those who stood firm in ensuring that power moves to the South.

It is also noteworthy to add that the insistence of these northern APC governors that power must return to the south became a magic wand for the victory of the candidate of our party, Asiwaju Bola Ahmed Tinubu in the presidential election. It is my considered view that if we had fielded a northerner as the candidate of the party, our party wouldn’t have garnered the massive support of the overwhelming majority of Nigerians who would have showed sympathy to any southern candidate in the race. Suffice to say that while the patriotic act of the northern APC governors strengthened our unity as a nation, it was also a potent political strategy that earned our party a deserved victory in the just concluded presidential polls.

Special recognition must be given to all others aside the APC northern governors who also played key roles in ensuring that power returns to the south. The Vice-President elect,  Senator Kashim Shettima is one of those who stood for, spoke for and fervently canvassed support for a power-shift to the South. History will forever remain kind to him and other compatriots whose principled stance on power shift to the south has further renewed the inspiration for a one indissoluble Nigeria.

Chief Lawani, OFR, is former deputy governor of Benue State.

The Federal High Court in Abuja has dismissed a suit challenging the late Kalabari High Chief, O.B. Lulu-Briggs’ transfer of his shares in Moni Pulo Limited to his wife, Dr. Seinye O.B. Lulu-Briggs, his daughters and the O.B. Lulu-Briggs Foundation.

The suit was filed by the Chairman of Platform Petroleum, Chief Dumo Lulu-Briggs and three others.

Justice James Kolawole Omotosho noted that Dumo’s suit, marked FHC/ABJ/CS/1481/2021, was the same as suit FHC/ABJ/CS/1576/2019, which was discontinued by Justice Taiwo Taiwo on September 30, 2021, and which is pending on appeal before the Court of Appeal.

The judge held that Dumo’s suit was a gross abuse of court processes.

The first to fourth plaintiffs in the suit marked FHC/ABJ/CS/1481/2021 are Senibo Lulu-Briggs, Dumo Lulu-Briggs, Sofiri Lulu-Briggs, and ‘Chima Onimin Lulu-Briggs.’ The defendants are Mrs. Seinye Lulu-Briggs, Incorporated Trustees of the O.B. Lulu-Briggs Foundation, Rachael Lulu-Briggs, Solate Ovundah-Akarolo, Moni Pulo Ltd and the Corporate Affairs Commission (CAC).

The defendants challenged the plaintiffs’ claims and asked the court to consider if having ‘freely, unequivocally and fully’ transferred their entire shareholding to the late O. B. Lulu-Briggs in two settlements, and having received consideration which the plaintiffs acknowledged as valuable and sufficient for such transfer ($3 million to Dumo Lulu-Briggs in 2003 and the other $5 million to Dumo Lulu-Briggs, Senibo Lulu-Briggs and Sofiri Lulu-Briggs in 2004), whether the plaintiffs could rightly turn around to impugn the said share transfer.

They also asked the court whether the action was not statute-barred, having been filed 12 years after the date of the consent judgment on May 18, 2004.

Justice Omotosho, in a February 15, 2023, ruling seen by The Nation yesterday, agreed with the defendants.

He held: “I hold without hesitation that filing a fresh suit on a subject between parties on appeal is an abuse of court process.

“The fresh suit as in the instant suit is nothing than to overreach and make the outcome of the pending appeal nugatory…

“Filing this instant suit on the same subject matter and reliefs and against the same parties is vexatious and nothing more than a gross abuse of the process of the Court.”

Justice Omotosho further agreed with the argument of the first to fifth defendants that the suit was an abuse of the court process.

He added: “This court will not allow its processes to be used in such a frivolous and vexatious manner.

“Consequently, the instant suit before the court is hereby declared to be an abusive process and as such, it is dismissed.

“Having dismissed the suit for being an abuse of the court process, the other issue formulated goes to no issue.

The plaintiffs had asked the court to annul an earlier agreement between Dumo, his two brothers and their father, the late O.B. Lulu-Briggs.

Seplat Energy Plc has asked the Federal High Court in Abuja to restrain its former Chairman, Dr. Ambrose Orjiako (alias A.B.C. Orjiako), from acting for or representing it without the express approval of its Board of Directors.

The oil firm alleged in Suit No FHC/ABJ/CS/386/2023 filed on March 21, through its counsel Matthew Burkaa (SAN) that Orjiako used its official letterhead to attempt to bind the firm to a $300 million contract without recourse to the Board.

It claimed that this was a clear breach of the terms of their subsisting consulting agreement and a breach of the Companies and Allied Matter Act (CAMA) 2020.

The firm also asked the court to declare Orjiako’s signing of the letter with the designation of “Pioneer Chairman” as an unknown designation intended to deceive the audience and gain unmerited pecuniary benefits.

The Plaintiff further prayed for an order of perpetual injunction restraining Orjiako and his consulting firm Amaze Limited from representing or committing Seplat Energy any further without proper written approval of the Seplat Board, while also voiding all existing unilateral commitments and representations also made by Orjiako.

In another instance, it asked for an order setting aside all unilateral actions taken by the 1st and 2nd Defendants without the express approval of its Board of Directors.

Finally, Seplat Energy prayed the court to order Orjiako and his firm Amaze Limited to pay it N5billion in damages jointly and severally.

• Association seeks autonomous agency

The Association of Nigeria Artisans and Technicians (ASNAT) in Lagos State has warned the Labour Party governorship candidate, Gbadebo Rhodes-Vivour, to desist from destructive and inciting comments that may cause a breakdown of law and order.

The association advised Rhodes-Vivour to channel his grievances through the court rather than inciting people with ‘infamous outbursts and calls for terror’.

National Coordinator Adeshina Akinyemi, who addressed journalists, congratulated Governor Babajide Sanwo-Olu for his victory and vowed that the association would defend the governor’s mandate.  

The association also appealed to Governor Sanwo-Olu to establish an autonomous government agency or parastatal that will oversee the operational activities of all artisans and technicians, and asked that the agency be headed by a professional artisan or technician.

Akinyemi said: “The governor’s re-election re-affirms the confidence and faith reposed in him by majority of Lagosians. Through his competence, capacity, and sagacity, Mr. Babajide Sanwo-Olu has demonstrated his vast knowledge of Lagos and Lagosians’ needs.

“We believe Governor Sanwo-Olu will leverage on his first term achievements and success to provide more beautiful milestones in infrastructural development in all sectors of governance through his THEMES agenda.”

The artisans and technicians, who vowed to defend Governor Sanwo-Olu’s mandate, called on the traditional fathers, especially Oba of Lagos, Rilwan Akiolu, to call Gbadebo Rhodes-Vivour to order, and warn him to desist from his destructive and inciting comments.

“We must be cautious as our attention is drawn to inflammatory statements and ranting of the Labour Party’s candidate in the last governorship election, Gbadebo Rhodes-Vivour, who has been urging his supporters to unleash terror on Lagos because he lost in a clean and clear contest.

“We call on the Police, the DSS, and other relevant security agencies to be at alert and call Rhodes-Vivour for questioning over his recent outburst. This is exactly how the EndSARS started until it escalated and ravaged the whole country like a colossus…” he added.

Akinyemi, who also reiterated the need for an autonomous government agency to oversee the association’s duties, said the establishment will bring rapid development and progress to their sector and take them from being a liability to a great asset and major contributory body to the state’s Internally Generated Revenue (IGR).

The Federal High sitting in Abuja has declined to restrain the All Progressives Congress (APC) from using a delegates’ list in conducting the scheduled April 10 primary election of the party to nominate its candidate for this year’s off-season governorship election in Kogi State.

The court also declined to restrain the APC from submitting the list to the Independent National Electoral Commission (INEC) pending the hearing and determination of a Motion on Notice.

Justice James Omotosho made the ruling in a suit filed by two plaintiffs – Realwan Okpanachi and Yahaya Seidu Nuhu – through their counsel M. A. Ebute (SAN).

The APC and INEC are the first and second defendants in the matter.

The plaintiffs filed a motion ex parte, dated March 8 and filed on March 9, seeking four reliefs.

They are: an order of interim injunction restraining the APC “from utilising the purported delegates’ list (Exhibit A31-21) in conducting the primary election slated for April 10, 2023, or any other date for the purpose of nominating its candidate for the 2023 governorship election in Kogi State, or submitting the said list to the second defendant pending the hearing and determination of the Motion on Notice.

The plaintiffs are also seeking “an order of interim injunction restraining the second defendants, from accepting and acting on the purported delegate list produced by the first defendant”.

They are also seeking “an order of interim injunction restraining the second defendant from monitoring any primary, however so called, conducted by the first defendant, using the purported delegates’ list for the purposes of nominating its candidate for the 2023 governorship election in Kogi State”.

But dismissing the application, Justice Omotosho held that “an order of interim injunction is hereby refused”.

The judge added: “An order is hereby made that all parties in this suit shall maintain peace and shall not take any action or step or act that may make the outcome of the Motion on Notice, dated March 8, 20223 and filed on March 9, 2023, nugatory or worthless.

“Any act or step or action made by any of the parties in this suit to make the outcome of the Motion on Notice, dated March 8, 2023 and filed on March 9, 2023, nugatory shall be a nullity.

“The applicants shall put the respondents on notice by serving them with the Motion on Notice, dated March 8, 2023 and filed on March 9, 2023.”

The respondents in the four petitions filed against the February 25 presidential election are required to file their replies within 21 days from the date of the service of any of the petitions on them.

As at the expiration of the time limit for the filing of petitions on March 22, four petitions had been lodged at the secretariat of the Presidential Election Petitions Court (PEPC) in Abuja. 

The petitions were filed by the Peoples Democratic Party (PDP) and its candidate, Atiku Abubakar; Labour Party (LP) and its candidate, Peter Obi; the Action Alliance (AA) and the Allied Peoples Movement (APM).

Section 285(5) of the Constitution provides that an election petition shall be filed within 21 days from the date of declaration of the results and that the petition shall be filed at the registry of the appropriate tribunal or court.

According to Paragraph 14 of the First Schedule to the Electoral Act 2022, the petitioner can amend his petition any time before the expiration of 21 days, from the date of the declaration of results.

After the filing of a petition, the Secretary or Registrar of the PEPC is required, under Paragraph 7(2) First Schedule to the Electoral Act 2022, to issue the respondent with a notice of petition, requiring the respondent to enter appearance within a period of not less than five days, but not more than seven days, from the receipt of the notice.

The respondent, under Paragraph 12 First Schedule to the Electoral Act 2022, has 21 days to reply to the petition of the petitioner.

The reply, the law stipulates, shall set out facts and figures the respondent seeks to rely on in his reply.  

The respondent shall state his objection to the hearing of the petition in his reply, and the objection shall be heard with the substantive suit.

Paragraph 12 states: “The respondent shall, within 21 days of service of the petition on him, file in the registry his reply, specifying in it which of the facts alleged in the election petition he admits and which he denies, and setting out the facts on which he relies in opposition to the election petition.

“Where the respondent in an election petition is complaining of an undue return and claiming the seat or office for a petitioner intend to prove that the claim is incorrect or false, the respondent, in his reply, shall set out the facts and figures clearly and distinctly disproving the claim of the petitioner.”

Paragraph 16 First Schedule to the Electoral Act 2022 provides that where the respondent raises new issues in his reply, the petitioner can file a petitioner’s reply at the registry of the tribunal or Court of Appeal within five days from the receipt of the respondent’s reply.

Section 285(6) of the Constitution states that an election tribunal shall deliver its judgment in writing within 180 days from the date of filing the petition. 

An appeal from an election tribunal or Court of Appeal (in the case of the presidential election) shall be delivered within 60 days from the date of delivery of the judgment by the tribunal.

THE Adamawa State chapter of the All Progressives Congress (APC) has voided Wednesday’s suspension of the Secretary to the Government of the Federation (SGF), Mr. Boss Mustapha, by his Godabawa Ward.

The state APC Secretary, Dr. Raymond Chidama, said this when he addressed reporters yesterday in Yola, the state capital.

“It is a known fact and worth of mentioning that the contribution of Boss Mustapha towards sustaining and supporting the party is second to none and cannot be over-emphasised.

“Therefore, any group hiding under the auspices of the party, which is sponsored by the opposition to come out with malicious allegation at this critical time, is highly condemnable.

“We hereby state such suspension is unconstitutional, null and void and is of no effect,” Chidama said.

The News Agency of Nigeria (NAN) reports that the APC leadership in Godabawa Ward in Yola North Local Government Area of the state, on Wednesday, suspended Mustapha from the party for alleged anti-party activities.