Category: Featured

The Senate on Wednesday threw out President Muhammdu Buhari’s Bill seeking to amend the Electoral Act, 2022.

The Bill titled: “A Bill for an Act to amend the Electoral Act 2022 and for related matters, 2022,” was overwhelming rejected by Senators, a development that effectively stopped its second reading and passage.

The Bill scaled first reading on Tuesday despite an order of a Federal High Court, Abuja that barred the Senate from considering it.

Senate President Ahmad Lawan had challenged the Court order saying that the Judiciary cannot in any circumstances stop the Legislature from performing its constitutional duties.

The court, in a ruling delivered by Justice Inyang Ekwo, on an ex-parte application by the Peoples Democratic Party (PDP), barred President Muhammadu Buhari, Attorney-General of the Federation and the Senate President from tampering with the newly amended Electoral Act 2022.

The Court maintained that the Electoral Act 2022, having become a valid law could not be altered without following the due process of law.

Before the Senate commenced consideration of the Bill on Wednesday, Senator Adamu Aliero had while citing order 52(5) of the Senate Standing Rules, urged the Senate President to jettison any proposed action on the Bill.

Lawan was however adamant. He reiterated his position that only senators may reject the Bill and not the judiciary seeking to stop the chamber from performing its lawful duties through an order.

Senators however voted overwhelmingly against the Bill to stop it from being read a second time.

The move to reject the Bill was signaled by a call from Senator Aliero for it to be stepped down after the Senate Leader, Yahaya Abdullahi, moved a motion for the bill to be read a second time.

Aliero, who came under a point of Order, drew the attention of his colleagues to the provision of Rule 52(5) of of the Senate Standing Order.

Order 52(5) provides: “Reference shall not be made to any matter on which a judicial decision is pending, in such a way as might in the opinion of the President of the Senate prejudice the interest of parties thereto.”

The Kebbi Central Lawmaker advised the upper chamber to step down consideration of the bill pending the vacation of an order made by the Federal High Court, Abuja, on Monday.

According to Aliero, going ahead with the amendment of the Act was in clear conflict with the sub judice rule in law which prevents the legislature from deliberating or considering any matter already before a court of competent jurisdiction.

“Going ahead to consider the bill obviously will mean that we are disrespecting that order, and this is an institution of the Senate – the symbol of Nigeria’s lawmaking body.

“We should not be seen to be disobeying the court order. No matter how bad that court order is, we should respect it.

“So, I’m of the opinion that we should stop considering this bill pending the time the court set aside that order, and I think I’m speaking the opinion of my colleagues here”, Aliero said.

Read Also: Senate rejects court order barring action on Electoral Act

The Senate President, while ruling on Aliero’s point of Order, insisted that the move by the upper chamber to amend the Electoral Act was in line with exercising its Constitutional duties and following due process.

Lawan said: “To be specific to this particular request, for us in the Senate, it is to look at the request and follow our due process.

“Looking at the request does not mean granting the request. Members of the National Assembly are at liberty to review the request to see if the arguments by the Executive arm of government are convincing enough.

“If the arguments are not convincing enough, the National Assembly can deny the request, and that is how it is. We have no encumbrance from that order.

“So, it is for Senators here to decide to vote for this amendment or vote against it.

“I think we are not breaching any law, in fact, we are trying to promote democracy because to do otherwise may mean that one day someone will go to court and say that the Senate of the National Assembly should not sit.

“I want to appeal to all of us, that we are on the right course and my ruling remains that we are going ahead to consider the proposal which the Leader of the Senate is leading the debate.

“At the end of the debate, we are going to vote, and the vote will decide the fate of the bill.

“I’m sure all of us know that whatever we do here is to protect democracy and the sanctity of the upper chamber.”

The Senate Leader, was then given the floor to lead the debate on the Electoral Act Amendment bill.

Contributing to the debate, Senator Enyinnaya Abaribe (Abia South), kicked against the deletion of Section 84(12) of the Electoral Act Amendment Bill as requested by President Buhari.

He said, “There are certain things that we see which we think we don’t even have to come here to debate.

“One of those things is the fact that in every democracy, all over the world, there are certain rules which we don’t need to be told about.

“One of those rules is the fact that you cannot be a referee and a player on the same field. It is either you’re a referee or a player.

“So, every other place in the world where democracy is practiced including Nigeria, we don’t need to be told that if we want to run for office, we have to resign. That is a sine qua non that we don’t even need to debate.

“Yet here we are today in Nigeria, and people think they can sit in an office and contest an election and become candidates and continue to sit in that office until the date of election.

“So, how would we continue to debase democracy in this way?

“Mr. President, I think, a cursory look at this paper shows that this paper is dead on arrival. And I urge you my colleagues, to help us to continue to deepen democracy by insisting that this bill not be read a second time in any manner whatsoever.”

Senator Smart Adeyemi (Kogi West), also opposed consideration of the Bill.

Adeyemi said: “One of the hallmarks of democracy is Justice, Fairness and Equity.

“Indeed, Mr. President, it is a settled matter in law that you cannot be a judge over you own case.

“In any election, where people have the added advantage of holding executive power, either by proxy or directly or by appointment, for such people to have access and compete with others who came from the street, I think is an unjust society.

“Therefore, Mr. President, I disagree with all the arguments on the need to consider a decision that has already been settled.”

A last ditch effort by the Deputy Senate President, Senator Ovie Omo-Agege, to save the Bill failed.

According to him, “What is right may not be popular and what is popular may not be right.”

Senators later voted ‘nay’ to reject the Bill when it was put to voice vote by the Senate President.

The Caretaker/Extra-ordinary Convention Planning Committee (CECPC) of the ruling All Progressives Congress(APC) has finally released the zoning arrangement for the March 26 National Convention.

The party zoned the national chairman to the North-Central while the South West will produce the National Secretary.

The office of the Deputy national chairman goes to South East zone.

In a statement by Director of Publicity of the party, Saliu Na’in a Dambatta, the zoning arrangement was adopted at the March 8, 2022 regular meeting of the CECPC.

Zoning as detailed below:

*NORTH-CENTRAL*: Benue, Kogi, Kwara, Nasarawa, Niger and Plateau States

1. National Chairman
2. National Vice Chairman (North Central)
3. Deputy National Secretary
4. Deputy National Legal Adviser
5. Deputy National Publicity Secretary
6. Zonal Secretary
7. Zonal Youth Leader
8. Zonal Organising Secretary
9. Zonal Women Leader
10. Zonal Special Leader (Persons with Disabilities – PWD)
11. National Ex – Officio Member

*SOUTH-SOUTH*: Akwa Ibom, Bayelsa, Cross River, Delta, Edo and Rivers States

1. National Vice Chairman (South South)
2. National Publicity Secretary
3. National Women Leader
4. Deputy National Treasurer
5. Deputy National Welfare Secretary
6. Zonal Secretary
7. Zonal Youth Leader
8. Zonal Organising Secretary
9. Zonal Women Leader
10. Zonal Special Leader (Persons with Disabilities – PWD)
11. National Ex – Officio Member

*SOUTH – WEST*: Ekiti, Lagos, Ogun, Ondo, Osun and Oyo States

1. National Secretary
2. National Vice Chairman (South West)
3. National Youth Leader
4. National Physically Challenged Leader
5. Deputy National Auditor
6. Zonal Secretary
7. Zonal Youth Leader
8. Zonal Organising Secretary
9. Zonal Women Leader
10. Zonal Special Leader (Persons with Disabilities – PWD)
11. National Ex – Officio Member

*SOUTH-EAST*: Abia, Anambra, Ebonyi, Enugu and Imo States

1. Deputy National Chairman (South)
2. National Vice Chairman (South East)
3. National Treasurer
4. National Welfare Secretary
5. Deputy National Organising Secretary
6. Zonal Secretary
7. Zonal Youth Leader
8. Zonal Organising Secretary
9. Zonal Women Leader
10. Zonal Special Leader (Persons with Disabilities – PWD)
11. National Ex – Officio Member

*NORTH – EAST*: Adamawa, Bauchi, Borno, Gombe, Taraba and Yobe States

1. Deputy National Chairman (North)
2. National Auditor
3. National Vice Chairman (North East)
4. Deputy National Financial Secretary
5. Deputy National Women Leader
6. Zonal Secretary
7. Zonal Youth Leader
8. Zonal Organisig Secretary
9. Zonal Women Leader
10. Zonal Special Leader (Persons with Disabilities – PWD)
11. National Ex – Officio Member

*NORTH -WEST*: Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto and Zamfara States

1. National Vice Chairman (North West)
2. National Legal Adviser
3. National Organising Secretary
4. National Financial Secretary
5. Deputy National Youth Leader
6. Zonal Secretary
7. Zonal Youth Leader
8. Zonal Organising Secretary
9. Zonal Women Leader
10. Zonal Special Leader (Persons with Disabilities – PWD)
11. National Ex-Officio Member

Zonal Representatives on the CECPC will coordinate the process in each zone.

Ex-International and member of Super Eagles 2002 World Cup team, Justice Christopher, is dead.

He was 40.

Christopher reportedly died after he slumped in his hotel in Gwolshe, off Tudunwada Ring Road, Jos, Plateau State, on Wednesday.

The Nation learnt the defensive midfielder died with no sign of sickness or illness.

The country’s football governing body, Nigeria Football Federation (NFF) confirmed his death.

READ ALSO: PAUL OKOKU : Why ex-internationals are dying off in Nigeria

Christopher played for several clubs including Katsina United, Sharks F.C., Bendel Insurance, Antwerp (Belgium), Levski Sofia (Bulgaria), Trelleborgs FF (Sweden), Alania Vladikavkaz (Russia) and Herfølge Boldklub (Denmark).

Christopher captained the Nigeria U-20 national team, the Flying Eagles, to the 2001 Africa Youth Championship in Egypt. The team was coached by the late Stephen Keshi.

He had made his debut for the Super Eagles in the same year during 2002 FIFA World Cup qualifiers and racked up a total of 11 caps for the Super Eagles, which include an Africa Cup of Nations Appearance and a World Cup appearance, all in 2002.

The midfielder announced his retirement after the end of the season 2006–07 season.

He played professional football in Nigeria and abroad before retiring at Nassarawa United.

Confirming his death, NFF tweeted: “We are devastated to hear of the sudden passing away of former @NGSuperEagles midfielder Justice Christopher early on Wednesday morning.

“Our thoughts and prayers are with his family and football community in Nigeria. May his soul Rest In Peace.”

The Senate on Wednesday threw out President Muhammdu Buhari’s Bill seeking to amend the Electoral Act, 2022.

The Bill titled: “A Bill for an Act to amend the Electoral Act 2022 and for related matters, 2022,” was overwhelming rejected by Senators, a development that effectively stopped its second reading.

The Bill scaled first reading on Tuesday despite a court order barring the Senate from acting on it.

Read Also: APC women forum commends Buhari for signing amended electoral Bill

Senate President Ahmad Lawan challenged the Court order saying that the Judiciary cannot in any circumstances stop the Legislature from performing its constitutional duties.

Before the Senate commenced consideration of the Bill on Wednesday, Senator Adamu Aliero had, while citing order 52(5) of the Senate Standing Rules, urged the Senate President to jettison proposed action on the Bill.

Lawan was however adamant. He reiterated his position that only senators may reject the Bill and not the judiciary seeking to stop the chamber from performing its lawful duties through an order.

Senators however voted overwhelmingly against the Bill to stop it from being read a second time.

Details Shortly…

Ebonyi Governor David Umahi and his deputy, Kelechi Igwe have appealed the High Court ruling, which ordered for their sack from office.

The duo according to the notice of appeal in suit no:FHC/ABJ/CS/920/2021
filed at the Abuja Judicial Division of the Appellate Court, disagreed with entire judgement of the lower court which ordered their sack for defecting to the All Progressive Congress (APC) from the People’s Democratic Party(PDP).

They listed eight grounds of appeal against the lower court’s judgment.

Messrs Umahi and Igwe in ground one argued that the lower court erred in law and misdirected itself when it held that “I have not seen any authority which propounds that where a Governor or deputy Governor defects his political party on which platform he was elected into office, he cannot be sued by that political party to reclaim its mandate…Section 308 of the 1999 Constitution did not envisage such a situation”.

They argued that Hon trial court was virtually setting aside the Supreme court of Nigeria’s decision in AG Federation v. Atiku Abubakar & 3 ORS (2007) LCN/3799(SC)to the effect that there is no constitutional provisions prohibiting President or vice and invariably the Governor and or deputy Governor from defecting to another Political Party.

“The provisions of section 308 are specific Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section, no civil or criminal proceedings shall be instituted or continued against 3rd and 4th Appellants during their mandate in office as Governor and Deputy Governor respectively”.

“There is no provision of the 1999 Constitution (as amended) that provides for the removal of 3rd and 4th Appellants as sitting Governor and Deputy Governor respectively of Ebonyi State for reason of defection”, they argued.

The appellants also averred that the
trial court erred in law and misdirected itself when it relied on Sections 68 and 109 of the Constitution of the Federal Republic of Nigeria 1999(as amended) in holding that the Appellants having defected from the PDP to the APC offended the provisions of the Constitution and must vacate their offices as Governor and Deputy Governor respectively.

While section 68 deals with grounds for vacation of seats by National Assembly lawmakers (Senate and House of Representatives), section 109 lists grounds for vacation of seats of State Lawmakers.

The appellants thus argued that ‘there is no specific mention of Governor and deputy Governor in the provisions of section 68 and 109 respectively of the 1999 Constitution (as amended).

“By relying on sections 68 and 109 of the Constitution the Hon. trial court assumed the role of the legislator and arrogated to itself the powers of amendment of the Constitution”

They further submitted that there is no provision in the 1999 Constitution (as amended) which states that Governor or deputy Governor will vacate his office if he defects from his political party to another political party.

The appellants in ground 3 argued that the lower court erred in law and overruled the decision of the Supreme Court of Nigeria when it held that ownership of votes cast during the Governorship Election of 2019 belongs to the 1st Respondent and not the.

“The Hon trial court relied on AMAECHI v. INEC and FALEKE v. INEC when same are no longer the law on the ownership of votes cast in an election
Ngige v. Akunyile (2012) 15 NWLR Pt.1323-343 (CA) the court held: “the above provisions show that a political party canvasses for votes on behalf of the candidate. In other words a political party is nothing more than agent of the candidate in gathering votes to an election”

“In INEC vs. Action Congress (2009) 2 NWLR Pt. 1126 – 524 (CA) the Court held: “…the participation of a political party does not exceed campaigning for the candidate….”, they argued.

Read Also: Judgment sacking Umahi throws Ebonyi into confusion

On ground four, the appellants avvered that the lower court erred in law when it held that the Appellants are deemed to have been resigned from their Offices as Governor and Deputy Governor of Ebonyi State upon their defection to another party

They argued that section 180(1)( c) of the Constitution of the Federal Republic of Nigeria 1999( as amended) never contemplated, implied resignation but resignation signed by the Appellants and tendered to the Speaker of the House of Assembly of Ebonyi State

“The trial court had no evidence before it of Appellants’ resigning from their Offices”, they further submitted

The governor and his deputy further argued that the lower court erred when it ruled that the duo are nit covered by the immunity clause in the matter.

“the Hon trial court erred in law when it held that the provision of the Public Officers Protection Act cannot avail the Appellants”.

They argued that there is no constitutional breach committed by the Appellants as to deny the Appellants of the provisions of the Public Officers Protection Act

“The reliefs sought by the 1st Respondent are grounded on decisions taken by the Appellants while in their respective Offices as Governor and Deputy Governor of Ebonyi State”, the argued.

The appellants further submitted that the Hon trial court erred in law when it restrained the Appellants from carrying on the duties in their offices as Governor and Deputy Governor of Ebonyi State on the basis that the Appellants offended the provisions of sections 177(c) and 221 of the Constitution of the Federal Republic of Nigeria 1999 (as amended)

They argued that “Section 221 of the Constitution is not to the effect that votes cast during the Governorship election of March 9, 2019 belonged to the 1st Respondent but rather to the Appellants”.

“Section 177 of the Constitution is all about qualification for a candidate to the Governorship election and has anything to do with punishment for defection”, they argued

On grounds seven, the appellants argued that the trial Court erred in law when it ordered Appellants to vacate their respective offices as Governor and Deputy Governor of Ebonyi State.

They also averred that the court was wrong to order 1st Respondent(PDP) to submit to 2nd Respondent(INEC) names of its candidates to replace Appellants as Governors and Deputy Governors of Ebonyi State.

They argued that the law bars the court from declaring anybody who did not take part in all stages of the election as wine of the said election.

“Section. 141 of the Electoral Act 2010 (as amended) states that: An election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election.”

“Section. 285(13) of the Constitution, reinstated: An election tribunal or court shall not declare any person a winner at an election in which such a person has not fully participated in all stages of the elections.”, the quoted.

The appellants further argued that the trial court erred in law when it not only refused to be persuaded by but rather overruled the decisions of an Ebonyi state high court and a Federal High Court Gusau, Zamfara State on similar matters.

The apellants prayed the court to set aside the judgement of the High Court delivered by the Hon Justice Inyang Ekwo on 8th March 2022 and all orders made therein by the Hon. trial court.

The Federal High Court in Abuja sent shockwaves through Ebonyi State politics yesterday with a judgment sacking Governor David Umahi and his deputy Eric Igwe “with immediate effect”.

Justice Inyang Ekwo said they unlawfully defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The judge held that having defected from the party on which platform they won an election and became members of a party that lost, Umahi and Igwe were deemed to have resigned.

In another judgment, Justice Ekwo ordered 16 lawmakers in the Ebonyi State House of Assembly, who defected from the PDP to the APC, to vacate their seats.

The first judgment was on the suit numbered FHC/ABJ/CS/920/2021 filed by the PDP.

The Independent National Electoral Commission (INEC), APC, Umahi and Igwe were the defendants.

The second judgment was on the suit filed by the PDP.

INEC, Ebonyi House of Assembly Speaker; the House of Assembly, the Clerk of the House of Assembly, the APC and the 16 defected lawmakers, including the Speaker, Francis Ogbonnaya Nwifuru, were the defendants.

The other affected lawmakers are Odefa Obasi Odefa, Victor Uzoma Chukwu, Kigbsley Ikoro, Benjamin (surname not provided), Joseph Unuhu, Nkemka Okoro, Anthony Nwegede, Chinwe Nwachukwu, Onu Nwonye, Friday L. Nwuhuo, Moses Odunwa, Chinedu Awo, Chinedu Onah, Chukwuma Igwe and Chukwu Arinze Lucas.

Justice Ekwo added that the PDP, which won the majority votes at the last governorship and the state legislative elections, is entitled to submit the names of candidates to replace Umahi, Igwe and the lawmakers to serve out the remainder of the four-year term it secured by virtue of its victory in the elections.

He ordered INEC to receive from the PDP the names of its members with which it sought to replace Umahi, Igwe and others or in the alternative, it should organise fresh elections within 90 days to fill the vacancy resulting from their defection to the APC.

The PDP swiftly named a House of Representatives member, Iduma Igariwey, as governor-nominee, with a former commissioner Fred Udeogu as his deputy.

But, Umahi said he remained the governor and vowed to appeal the judgment.

Justice Ekwo said Umahi, Igwe and the lawmakers should be excluded from participating in the fresh election, having been disqualified by the defection, which amounted to a rejection of the majority votes earlier secured by their former party.

The judge ordered Umahi, Igwe and the lawmakers to desist from parading themselves as governor, deputy governor and members of the Ebonyi Assembly.

He issued an order of perpetual injunction restraining INEC from further recognising them.

The judge declared that by Section 221 of the Constitution and the democratic system of governance operated in Nigeria, votes are won by political parties and not their candidates.

He declared that the votes won or scored by a political party at an election are retained by the political party irrespective of the death or exit of the candidate from the political party.

Justice Ekwo declared that under the democratic system of governance operated in Nigeria, the votes won at an election by a political party cannot be transferred to or utilised for the benefit of another political party or member of another political party.

The judge rejected the defendant’s argument that Section 308 of the Constitution prohibits the filing of both civil and criminal cases against a governor and a deputy, noting that the provision cannot apply to this case.

He said: “The civil or criminal proceedings envisaged in Section 308 of the 1999 Constitution (as amended) are those cases where causes of action are such that can still be enforceable after the tenure of the persons mentioned therein.

“In this case, the cause of action and the remedy thereof cannot wait till the third and fourth defendants leave office.

“Therefore, the immunity in Section 308 cannot be said to be absolute. To propound otherwise will be tantamount to creating monsters who will neither bow to the supremacy of the constitution nor observe any law passed by the legislature.”

He added that Section 308 of the constitution was intended by the legislature as a “veritable constitutional shield and not a political sword that is to be swung frivolously and recklessly.”

Justice Ekwo added: “In conclusion, let me put it this way, the third and fourth defendants (Umahi and Igwe) did not on their own win the election of 9th March 2019 to become governor and deputy governor of the Ebonyi State respectively.

“They were sponsored by the plaintiff (PDP) in compliance with the provision of Section 221 of the 1999 Constitution (as amended).

“Therefore, it was the plaintiff (PDP) that the electorate voted for. They cannot remain in office as governor and deputy governor respectively of Ebonyi State after their defection without the plaintiff (PDP) that the electorate voted for.

“On the other hand, the second defendant (APC) was not the party elected by the electorate in the election of 9 March 2019 to govern Ebonyi State.

“Therefore, the second defendant (APC) cannot govern Ebonyi State through the third and fourth defendants when it did not win the election that produced the governor and deputy governor.

“The Constitution is put in jeopardy where the will of the electorate can be brazenly merchandised by candidates without consequences.

“The act of the second, third and fourth defendants and the position of their respective counsel, in this case, are directed at the political dismantling of the 1999 Constitution. It must be stopped forthwith.”

The judge said two decisions by the Ebonyi State High Court, Abakaliki in the suit marked HAB/13/2022 between Senator Soni Ogbuoji and two others v. Engr. David Nweze Umahi and another; and the other by the Federal High Court (Gusau) in the suit FHC/GS/CS/24/2021 between Bashir Saleh & 2 others v. Alhaji Bello Mohammed Matawalle & four others, were not binding on him.

Lawyers to the defendants had tendered copies of the judgments which upheld the defection Matawalle and Umahi.

 

Umahi: I remain governor

Umahi has said that he remains the governor despite the judgment ordering his sack.

He urged Ebonyi people to remain calm as he was sure of quashing the ruling at the appeal court.

The governor, who described the verdict as “jungle justice”, said he has forwarded a petition against the judge to Nigerian Judicial Council (NJC).

Umahi claimed that the judgment was “purchased” and that the judge was out to “embarrass” his party, but he did not immediately provide any evidence to back his allegations against the judge.

The governor believes the court lacked the powers to remove him as governor as he was covered by the immunity clause.

He said: “The constitution stipulates that the only way whereby a governor can vacate his seat is either by death, resignation or impeachment by the House of Assembly.

“There is no other provision that empowers a hatchet man to turn the Constitution upside down.

“I have listened to the judgment of Ekwo and it is very obvious that he was on a mission.

“He was making all efforts to upturn the rulings of the Appeal and Supreme courts on issues like this.

Read Also: Umahi denies using Ebubeagu to suppress opposition

“We have heard the rumours before now that he was determined to give judgment against all known laws and the constitution to embarrass the APC and the Federal government.

“I do not feel worried but I feel so sorry for the judiciary. The executive may have a problem, the legislature may have a problem but the moment justice could be purchased then we are in trouble in this country. And the ruling this afternoon is clear evidence that this country is in trouble.

“And let me tell you that this same judge has over 10 cases against Ebonyi government with him and you can imagine what he is going to rule.

“We have petitioned him to NJC and we will follow it up to ensure that this man is brought to justice.

“I want you to disregard the judgment; it is null and void there is a subsisting judgement in Ebonyi and Zamfara states.

“So, we have chosen the one to obey, we will not obey his ruling, we will obey the ruling of a competent court of coordinate jurisdiction that says you cannot sue a governor.

“The sections of the constitution are very clear; no civil or criminal proceedings could be brought against a sitting governor. This is not a pre-election matter, this is not a tribunal matter.

“So, he has murdered justice in this country and he and his generation will be remembered for this jungle justice which has no leg to stand.

“I am still the governor of Ebonyi State and he has no powers to remove me.”

Umahi also argued that the judge lacked the powers to declare the seats of the House of Assembly members vacant.

The Ebonyi State Chapter of the APC also rejected the judgment.

Its Chairman, Stanley Okoro-Emegha, accused the judge of acting the script of political detractors.

“The judgment was clearly biased and it’s unacceptable…There is no need to panic as the judgment will surely be appealed.

“All members of the APC and supporters of the governor are advised to remain calm and law-abiding.”

 

PDP picks Igariwey, Udeogu as governor, deputy

The PDP national leadership picked Igariwey as the party’s nominee for governor and Udeogu as deputy to replace Umahi and Igwe.

National Chairman, Dr. Iyorchia Ayu, said the party had already forwarded the names of Igariwey and Udeogu to INEC to be issued with certificates of return.

Ayu called on the Chief Judge of Ebonyi to swear them in without delay.

He urged INEC to put the necessary machinery in motion to conduct fresh election into the 17 Ebonyi State House of Assembly seats.

Ayu hailed Justice Ekwo for the verdict, saying he demonstrated courage.

He said: “We want to appreciate the Nigerian judiciary for this landmark judgment.

“The ruling will bring order in the political space and check the issue of political rascality and stolen mandates. The judiciary is indeed the backbone of this democracy.

“We also want to single out Justice Inyang Ekwo for special recognition, particularly for being courageous and forthright in going for the substance of the law rather than the technicalities.

“And lastly, we call on INEC to immediately withdraw the Certificates of Return from the 17 lawmakers and commence the process of conducting bye-elections to replace them.”

 

CNPP hails judgment

The Conference of Nigeria Political Parties (CNPP) hailed the judgment, saying it would end the era of defections.

In a statement by its Secretary General, Chief Willy Ezugwu, the group said: “The verdict of the court has vindicated the CNPP, which has been at the forefront of advocacy that it was immoral and illegal for any elected officeholder to defect to another party with the mandate of the people given to his or her former party.

“We, therefore, commend the judiciary for taking the bull by the horn and moving to end the defection impunity which is destroying democracy in Nigeria.

“For us, the court judgment corresponds with the ruling by the Supreme Court of Nigeria in the Omeha vs Amaechi, which averred that it was the party that was voted, note the individual fielded by the party.”

Attorney-General of the Federation (AGF) Abubakar Malami (SAN) could not be reached for comments on the verdict.

His spokesman, Dr. Umar Gwandu, did not pick up his calls or respond to messages on his WhatsApp as of press time.

A Deputy Inspector-General of Police and head of the Criminal Investigation Department (FCID) Joseph Egbunike is dead.

Sources said Egbunike slumped in his office in Abuja on Tuesday night.

Egbunike’s Federal Criminal Investigation and Intelligence Department (FCIID) is widely seen as the most powerful and preoccupied police department.

Read Also: Abba Kyari, others plead not guilty to drug trafficking

Until being appointed DIG in late 2020, Egbunike had worked for several years as the head of the Police Finance Department.

Until his death, Egbunike headed the Special Investigation Panel constituted by the Inspector General of Police, Usman Baba, to investigate the suspended Deputy Commissioner of Police Abba Kyari over alleged money laundering.

When contacted, Force Public Relations Officer Olumuyiwa Adejobi told The Nation he would confirm and get back.

He was yet to do so as of the time of filing this report.

Details Shortly …

An injunction given on Monday by a Federal High Court in Abuja restraining the National Assembly from re-amending Section 84(12) of the Electoral Act failed yesterday to stop legislative actions on the contentious clause.

The Senate rejected the order given by Justice Inyang Ekwo and began work on President Muhammadu Buhari’s requests to reconsider the section.

The Red Chamber passed the Bill titled: “Electoral Act 2022 (Amendment) Bill, 2022.” for first reading.

In the Lower Chamber, Speaker Femi Gbajabiamila, who said he was conscious of the court order, read the communication from the President to his colleagues at plenary.

Gbajabiamila said it was his obligation to read the memo from the President, adding that the intent of the provision may have been misunderstood by many.

In his remarks after the Bill was passed for first reading Senate President Ahmad Lawan drew the attention of his colleagues to the order of court on the matter.

He, however, insisted that the judiciary cannot stop the legislature from performing its constitutionally-assigned duties just like the National Assembly cannot interfere in judicial matters.

According to Lawan, obeying the order would lead to anarchy in the polity.

Justice Ekwo specifically barred all the defendants in the suit marked FHC/ABJ/CS/247/2022 from removing Section 84 (12) of the Electoral Act or preventing it from being implemented for the purpose of the 2023 general elections.

The defendants in the suit are: Attorney-General of the Federation and Minister of Justice, Senate President, House of Representatives Speaker, Clerk to the National Assembly, Senate Leader, House of Representatives Leader and the Independent National Electoral Commission (INEC).

Others are: Deputy Senate President, House of Representatives Deputy Speaker,Deputy Senate Leader and House of Representatives Deputy Leader.

Before signing the reworked Electoral Act (Amendment) Bill, 2022 into law, President Buhari requested the National Assembly to expunge Section 84 (12) of the Act, which he argued would disenfranchise serving political appointees.

In a February 28 letter President Buhari requested the National Assembly to amend the Electoral Act.

Specifically, the section, made it mandatory for political office holders to resign from office before they could vie for any elective position.

It reads: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”

The Peoples Democratic Party (PDP), in the substantive suit it filed by its team of lawyers, led by Chief Ogwu Onoja (SAN), challenged the legality or otherwise of the National Assembly tinkering with the Electoral Act after it had been signed into law.

The court maintained that the Electoral Act, having become a valid law could not be altered without following the due process of law.

Reacting to the court verdict, Lawan said violated the provisions of the 1999 Constitution (as amended) on separation of powers.

He said: “I find it necessary to talk to this at this point, because our governance system is based on the Presidential system of government where there is clear cut separation and exercise of powers.

“The judiciary, under no circumstance cannot stop the National Assembly from performing its legislative duties. We know what our due processes are, just like we wouldn’t venture into what the Judiciary does, it should also understand that we have our processes.

“If the President writes to the National Assembly to request for an amendment, that is within his competence, and it is for the National Assembly to decide whether it agrees with the request of Mr. President or not.

“But to say that we cannot consider it is to ask for what is not there to be given. I believe that Members of this National Assembly know their work and will do what is right.

“This is due process, we are not doing anything outside of the law, whether it is Mr. President or any Nigerian who feels very strongly about an amendment, this National Assembly is ready to take in and consider.

“It is within our exclusive right to consider whatever request we receive from Nigerians, whether through the Executive arm of government or through our colleagues – private members’ bill.”

Benue Northeast Senator Gabriel Suswam (PDP), rising under a point of order, faulted the ruling of the Federal Court.

He said: “I agree with what you have said, the court cannot stop us from making laws. The problem with the letter sent to us by the President was that there is a part of it that interpreted the law we made.

“I think that is the only part that the court can act on, because he (President Buhari) said that the law we (National Assembly) made is ultra vires of the Constitution, which is not his responsibility. And, I think, to that extent, the court can comment on that and not on the fact that we are making laws.”

Senator Ike Ekweremadu, who cited Order 52(5) of the Senate Standing Order, called on the Senate to abide by the court ruling.

Ekweremadu said: “When we were waiting for the President to assent to the Electoral Act, some of us made a suggestion we believed would help, namely that the President would sign and then we would commit ourselves to amending that section.

“Mr. President, I also offered to help in redrafting it, now we have a situation where they’ve told us there’s a judicial restriction on us to do that.”

Though Ekweremadu said he agreed with Lawan on the matter, he said the upper chamber has a responsibility to respect the judicial pronouncement.

Ekweremadu, who advised the National Assembly to first discharge the court order before commencing amendment of the Bill, laced his argument with Order 52(5) of the Senate Standing Orders.

He said: “Reference shall not be made to any matter on which a judicial decision was pending in such a way as might in the opinion of the President of the Senate prejudice the interest of the parties thereto.

“I think the argument you’ve raised is valid, but this point is what we have to present in court to discharge that order.

“What we should do is to brief our lawyers to go and discharge the order, instead of sitting here and disobeying court order, it is not good for us and our system, that is calling for anarchy.”

Also quoting the same Section 52(5) of the Senate Standing Rules, Lawan said: “My opinion about anarchy is when either arm of government decides to go into the exclusive preserve of the other.

“If the judiciary wants to come into the legislature to decide when we sit and when we don’t, then that’s anarchy.

“If the judiciary would simply say we are not to consider this and that, and we obey this kind of rulings, that is anarchy, because it is emasculating the legislature and that is not supposed to be.

“We will continue with what we are supposed to do because that is our calling. We are just advising that the judiciary should please help us develop this democracy, because this arm of government is the least developed and if we allow this kind of rulings, we may end up going back 23 years ago.”

The Green Chamber, which referred the letter to the appropriate House Committee, said would wait for the judicial process to be vacated or dealt with before it will act on the letter as it was a respecter of the rule of law.

Raising a point of order, Herman Hembe (APC, Benue) drew the Speaker to an existing Court Order restraining them from amending the Act.

Responding, Gbajabiamila said the import of the controversial Section is being misunderstood, adding that the President’s letter will be sent to the appropriate committee to do due diligence on it.

On his obligation to read the President’s letter, the Speaker said: “I’m aware of the court process that was served on us, I’m aware of the injunction but I’m still obligated to read the President’s communication.”

House spokesman Benjamin Kalu confirmed to reporters that the House will respect the position of the court until the injunction is vacated.

He said: “It is our standard practice that we don’t extend our parameters to the scope of the judiciary. The principle of separation of power and its doctrine specify the scope of operation. When any issue is before the court, we don’t interfere.”

The cloud over the fate of caretaker chairman of the All Progressives Congress (APC) has cleared.

Mai Mala Buni has been eased out with secretary of the Caretaker/Extra-ordinary Convention Planning Committee (CECPC) Senator John James Akpanudoedehe, it was learnt yesterday.

“Buni won’t return to the office and Akpanudoedehe will quit. They have been given a soft landing” a source said last night, adding: “President Muhammadu Buhari’s directive will be fully carried out.”

Acting Chairman and Niger State Governor Abubakar Sani Bello yesterday consolidated his hold on the leadership.

He has summoned a National Executive Council (NEC) meeting for next week.

Bello held a meeting with other caretaker committee members where decisions on the convention were taken.

On Monday night, he met with state chairmen to unfold his plans for the convention and to solicit their support.

The Yobe State governor, who is expected back from Dubai today, will resign his position, “to seek the ticket to return for second term”.

Akpanudoedehe will go in similar manner ‘to pursue his governorship ambition”.

Yesterday, the caretaker committee had its second meeting in two days on the convention and other issues, including zoning of the National Working Committee (NWC) offices.

Buni and Akpanudoedehe are being ousted for deliberately stalling the plan to hold the convention.

On Monday, Sani Bello swore in state chairmen, reviewed the report of the zoning committee, led by Kwara State Governor AbbulRazaq AbdulRahaman, and presided over the caretaker exco meeting.

Speaking to reporters after the exco meeting yesterday, Bello said: “Today, we looked at the convention sub-committees and we collected some of the reports from the committees, hoping that tomorrow, we will decide on the next step to take. Nothing much happened today.”

Read Also: ‘I don’t see APC returning to power’

On the zoning committee report, Sani Bello said: “The report on the zoning formula has been submitted and adopted and it will be released any moment from now.”

He added that the NEC meeting will hold “hopefully, by next week”.

Asked whether Akpanudoedehe is still part of the new leadership, Bello replied: “Ask him.”

There was a mild drama at the secretariat. Akpanudoedehe was speculated to have resigned yesterday after he left the secretariat unceremoniously, but he returned later to refute the report.

He said: “I have read on social media that I have resigned as Secretary of the APC. I want to state that it is not true. If I have resigned, you would have seen my letter. Someone cannot just say somebody is dead when he is alive.

“I am not bigger than the party, or bigger than the President, who is the leader of the country. I am waiting for my national chairman to come back.

“If we have a directive from the President that we should resign, we are not bigger than the President, we will do so. Like MKO Abiola used to say, you don’t shave someone’s head in his absence.

“When we came in, this place was like a dead zone. The secretariat was moved to a private home. But we were committed to what we were doing.”

When asked on his relationship with the acting chairman, Akpanudoedehe said: “Our relationship is very cordial.”

Also yesterday, the Senate caucus of the APC expressed concern over the situation in the party. After a meeting, it called for unity among party members ahead of the convention.

Damilola Titilayo Ayanwola, elder sister of the murdered lady on Lagos BRT, Bamise Ayanwola, has revealed how she died in pain.

Countering the claim made by Lagos State Police Command, Damilola narrated that the private part of Bamise was cut while she was still alive.

She spoke at a press conference on Tuesday at Ikeja.

Damilola disclosed an elder sister to Bamise who is pregnant, Elizabeth, has been hospitalised.

The Nation reports Bamise, a fashion designer, was found dead on Monday — nine days after she was declared missing after she boarded a bus rapid transit (BRT) vehicle.

The Lagos State Government on Tuesday suspended Bus Rapid Transit (BRT) operations as a precaution after intelligence on “planned attacks” by persons yet to be identified.

The Gani Fawehinmi Park, Ojota, Lagos, was heavily guarded by armed security men officers of the Nigeria Police Force, the Nigerian Army, Department of State Services (DSS) over proposed protest to demand justice for slain Bamise.

But sympathisers in their numbers, besieged Bamise’s residence to condole with the family.

They carried placards with inscriptions “We want Justice for Bamise”, “Do not sweep under the carpet, we want Justice.”

They called on Lagos Governor Sanwo-Olu and the Commissioner of Police to ensure justice is served.

Some activists also stormed the Lagos State House of Assembly with the immediate elder sister of the deceased, Damilola to lament the gruesome murder of Bamise.

Read Also: Oluwabamise’s death: Justice will be served – Gov. Sanwo-Olu

Narrating Bamise’s last moments, Damilola said, “Governor Sanwo-Olu, I am challenging you. My family is not wealthy, we are not influential but we have God. We work hard and struggle to survive. We are content with what we have. We are Christians to the core. Why has our last born been used for the things of the world? This is a money ritual case.

“They made her (Bamise) to suffer life, they removed her private part. They did not kill her o, she suffered the pain and hell on earth before she moved to her destination.

“They forced her to stop at the bus stop she was not supposed to stop.”

Describing the late Bamise, she said: “Bamise was patient, joyful person, she makes everyone happy in the family”.

“He (driver) said all these that it was an attack, why didn’t he report to their terminal that there was an attack? He didn’t report to the police station or his superiors.

“He now resumed back to work on Monday, please if this was an attack, why was he able to resume back to work on Monday?

“We met a man at the park who said Bamise had gone to enjoy herself that she will call us, and that she does not want to call now, because she was enjoying herself, while in pains where they were cutting her private part.

“They did not kill her before they cut her private part. My sister experienced hell-in-cell situation like that of wrestling before her last breath on earth.

“My mum who is 74 years old, and my Dad 84 years old, in the morning time, they didn’t mourn over any one of us the children, at this phase of their life, they are enjoying the little token that we are rendering to them.

“They used the death of Bamise to cause sorrow for the family. She had a dream to become a fashion designer and she was doing brilliantly well in the training but look at what they’ve caused. Please we want Justice.”

The distraught mother, Comfort, who spoke with The Nation, said “All I want is justice which must be the truth and not any thing that will cause those at the helm of affairs to tamper with the truth.

“I’m from Otun Ekiti, I call on the Ekiti state government to help us. Bamise is a prominent daughter of Ekiti. Please Lagos state and Ekiti state govts respectively should collaborate and come together, I don’t have anyone except God.

“If not for God that had said that her (Bamise’s) time is up on earth, the handset she had before her demise was a new one because the one she was using was faulty.”