Category: Law

  • NBA holds conference

    The Nigerian Bar Association (NBA) Section on Business Law (SBL) will hold its Ninth conference from June 7-9 at the Eko Hotel and Suites, Victoria Island, Lagos

    In a statement, its Chairman, Conference Planning Committee Mr. Ayuli Jemide said the theme of the conference is Regulators as catalysts for economic growth. He said the event will enable regulators, lawyers and business executives to engage in a dialogue on how policies and regulations will shape economic growth

    He said: “With key note presentations and panel discussions led by top industry experts nationally and internationally, the conference sessions will prove to be an impactful forum for information sharing.”

    He said session topics will include Long term global economic trends and implications for Nigeria; Improving Nigeria’s ease of doing Business Index; Raising money for projects; Latest trends in Nigerian financing; Nigeria’s power privatisation process: Learning curves and next steps; Young lawyers visit to law firms; and Value-based pricing for legal services

     

  • Court dismisses terminal operators’ application for stay of execution

    A Federal High Court in Lagos has dismissed an application  for the order of the stay of execution filed by the Seaports Terminal Operators Association of Nigeria (STOAN) against  the judgment of a court which declared  that the association had no right to increase port charges.

    The terminal operators had prayed for stay of execution of the judgment at the Court of Appeal.

    The Nigerian Shippers’Council (NSC) also filed an application, praying the court to compel the terminal operators to comply with the earlier judgment.

    NSC is praying the court to direct the terminal operators to immediately refund the N150 billion it “illegally collected in disobedience of the judgment’’.

    Lead Counsel for  Shippers’ Council, Dr.  Olisa Agbakoba (SAN), had noted that the fact that the terminal operators applied for stay of execution did not stop them from adhering to the earlier judgment.

    Agbakoba filed an application to compel the terminal operators to comply with the judgment pending the determination of their application for stay of execution.

    He also demanded the refund the N150 billion collected by the operators from shippers (importers and exporters) in disobedience of the judgment.

    At the resumed hearing on Thursday, Justice Ibrahim Buba, dismissed the application, saying that there was no evidence to show that the judgment given earlier was executed.

    “For there to be a stay of execution, the judgment must have been seen to have been executed, there was no evidence to that effect, therefore the application for stay cannot subsist,  its hereby dismissed,’’ Buba held.

    However, he  granted the interlocutory application filed by NSC, compelling STOAN to comply with the earlier judgment.

    He said that interlocutory injunction was meant to protect legal rights.

    The Counsel who represented STOAN, Mr Dayoola Johnson, had earlier told the court that there was a record of appeal before the court stopping it to continue hearing the case.

    Buba said that the affidavit of records, which was filed by STOAN, was filed on March 18, after the court had adjourned to rule on the application for stay of execution.

    He, therefore, held that all pending applications should go to the Court of Appeal.

    The Counsel to the operators and the Shipping Companies Femi Atoyebi (SAN)   had on the last adjourned date notified the court that they had entered an appeal at the Court of Appeal quashing the rights of the court to hear the matter.

    Buba  ruled that there was no record or evidence of transmission of appeal before the court and adjourned to rule on the stay of execution earlier filed by STOAN.

    On the case of stay of execution filed by shipping firms, the court on the last adjournment ruled that the notice of appeal was duly filed and there were records before the court that appeal has been entered at the Appeal Court.

    Buba, therefore, stayed further proceedings on the matter pending the determination of the application before the Appeal court.

    On December 17, last year, Buba, in a judgment, annulled illegal port charges and ordered shipping firms to refund billions of naira collected since 2006 from shippers (importers and exporters).

    The Judge okayed the appointment of the NSC as the Economic Regulator of the ports and dismissed the claims of shipping firms and the operators.

    Buba further held that the Shipping Line Agency Charges (SLAC) levied and collected from shippers by the shipping firms since 2006 were illegal.

    He ordered that the shipping firms should account and pay to shippers all money or fees charged and collected since 2006 as SLAC from shippers or users of shipping and port-related services from 2006 to date.

    The Court dismissed the claims of the shipping firms and the terminal operators and granted the counter claims of the NSC.

    Before the appointment of the NSC as the Economic Regulator of the  ports by the Federal Government in February, last year, the council issued notices to shipping firms and terminal operators to reverse all illegal charges levied on shippers.

    Dissatisfied, the shipping firms and the operators, mostly foreigners, filed the earlier suits at the Federal High Court, Lagos to invalidate the actions of the NSC

     

  • Nigerians let’s give peace a chance

    Hopefully as you read this, we are in the final week of this year’s Presidential and National Assembly elections. While I was writing, the certainty of the elections, slated for next Saturday, was a mere hope; considering the man-made uncertainties surrounding the polls. In this era of so called social media, the anonymity of a crowd has transmuted into the anonymity of the social media practitioner, with its grave consequences. Now, all shades of persons hide under the social media, to wreck emotional havoc on the society, through character assassination, tempestuous mass hysteria, multiple mudsling, uncreative falsehood, integrity hacking, false innuendo, outright libel, you name it.

    But the determined hangmen of this political era, are not anonymous. They are in the open. They are either supporting or within the political parties. Even they, also employ the tools of the social media to recklessly drive their poisoned screw into the thumbing heart of the social space. As I write this, the integrity of the electoral process has been so badly maligned that many Nigerians now see the Independent National Electoral Commission (INEC) as a villains’ empire. Yet, even where the hangmen are dangerously determined to have their way, we must rely on INEC to conduct the elections.

    So, now we are faced with submitting our country, pregnant with multiple babies, to a midwife that many have openly referred to as a quack, compromised and incapacitated umpire. Having so recklessly maligned the integrity of the midwife, the challenge now starring us in the face is, how can we accept that the new baby that will be presented after the delivery, has not been switched? For the midwife, whose confidence has been so heavily shaken, can she confidently apply her skills to the best of her ability, even when her best efforts will most likely be challenged?

    In employing the tools of her trade, like the card reader, what will Nigerians say or do, where some of the card readers unexpectedly malfunction, without any person haven pre-planned it? This is particularly scary, considering that while the Peoples Democratic Party (PDP) has written off the card readers as a compromised instrument, the All Progressive Congress (APC) has claimed that card jamming equipment have been procured, to frustrate the exercise. So, where we have an accidental malfunction of a number of the card readers in any state, will it not be interpreted to suit the written script?

    Because the parties are determined to have their way at all cost, the integrity of the chairman of the electoral commission, Professor Attahiru Jega, has been so badly damaged that he is now perhaps worth a penny, in the eyes of his many detractors. Yet, the INEC boss is the chief returning officer of the presidential election. So, unless he has a magic wand to whip the partisans in, to accept the results of the elections, there is the great likelihood that whatever results he announces after the elections will be dismissed as a fraud, with its huge consequences.

    Considering the weight of insults heaped on the head of the electoral chief, it is a miracle that he still works upright, without at least a hunch back. For many others, the real miracle is that as I write this piece, Professor Jega remains the chairman of INEC, despite the unprecedented hue and cry against his stay in office. Unfortunately the script against Jega was modelled from that made against his predecessor in office, the former INEC boss, Professor Maurice Iwu. Then as now, Nigerians are urging President Goodluck Jonathan to usurp lawful legislative powers, in exercise of constitutional powers.

    In an effort to hack Prof Jega to smith screens, the integrity hackers alleged all manner of perfidy against the man. Some had done their damage without any inkling as to the collateral consequences their action has foisted on the entire process. Recently as I watched Jega walking tiredly within the prescient of seat of the federal power, Aso Rock, Abuja, I could visualiSe the heavy chains dragging his feet as he dragged himself to the finishing line. But for a birthday congratulatory message showing him as being in his 50s, his recent gait had given him off as being in his seventies.

    Even as our sights are set on the presidential election, the states and the constituencies are no less combustible. For many, it is a zero sum game. A do or die affair. Of course, if Hon. Nduka Elumelu, a member of the House of Representatives, could, without duress, confess to a bewildered country, that he willingly gave out a humongous N 750 million to a well-heeled political tout, for a political pie in the sky, Nigerians would understand the reasons for the dreadful desperation to win, regardless of the preferences of voters.

    As recent events have shown, our common resources have come to the rescue of those who are already on the brink of personal bankruptcy. Since the unconscionable hard work of the contestants to win at all costs have now colluded with the civil elites’determination to gain materially from that desperation, the ordinary Nigerians and our national and state treasuries have willy-nilly, joined the desperados to the Ides of March. As is already clear to all and sundry, our national bankruptcy will soon be wedded to their personal bankruptcies, to our mutual tragedy.

    So, our Nation needs all the prayers, for surely it is at a historical cross-road. As I said at the beginning, much of the problem is man-made, and the so the solutions can be made by man. It is therefore important that our national security agencies should rise up, and join their capabilities to our supplication for a free, fair and credible elections, to save our democracy.

     

     

     

  • Fashola: It’s criminal to evade tax

    Fashola: It’s criminal to evade tax

    Lagos State Governor Babatunde Fashola, (SAN), has said that it is a criminal offence for anybody not to pay tax .

    He  berated  politicians who have been campaigning  against payment of tax in order to win votes during elections saying that  such politicians are  enemies of progress and development.

    This was at  the public presentation of a book, Nigerian Tax Law and Administration written  by the Lagos state Attorney-General,  Ade Ipaye at MUSON Centre, Onikan, Lagos.

    Fashola said tax payment cannot be taken for granted in any egalitarian society.

    He said it is criminal for anybody not to pay tax stressing that tax administration in the state is a vex issue.

    The governor chided the governorship candidate of the Peoples democratic Party (PDP) Jimi Agbaje who he alleged promised to cancel tax payment in the state.

    He said no state can develop without tax collection and good revenue drive.

    According to him, “ payment of tax, cannot be taken for granted. Any politician that says he will cancel payment of tax is telling you lie. There is no way government can achieve the implementation of laudable projects without revenue from taxes.”

    The governor  advised Lagosians to disregard such promises which he said was intended  to lure them into  voting for the wrong party.

    Fashola wondered  how they  would  run the government without revenue drive.

    He pointed out  that  several states have not been able to pay salaries of workers because of paucity of funds from the oil revenue from the federal government.

    He assured that Lagos State government would continue to fulfill its obligations of providing infrastructure and ensure regular payment of workers salaries from the tax collected from the people of the state.

    He recalled that  payment of tax  dated back to the pre-colonial days when the traditional rulers collected tax to run their domain adding that such tax collection  was not limited to money but also include farm produce.

    He urged Lagosians not to be discouraged from  paying  their taxes.

    He said they have a right to  challenge the government on the proper utilisation of the tax collected.

    “What you can do is to pay your tax. The payment of tax is a legal obligations. Failure to pay tax is criminal offence. What you can do is for you to withhold your votes for government or the candidate that fails to utilize your tax effectively.

    “What should be the discussion or the debate is who is to pay more and who is to pay less. We left tax for oil revenue, where are we today?  This state will continue to survive on tax receipt.”

    In his tribute,  Professor Itse Sagay saluted the author,’s courage for coming out with the book. According to him, Ipaye has been “extremely reliable, efficient, intelligent and proactive.  It has been a pleasure meeting him. I have benefited much from our relationship.”

    The author, Ipaye said he was inspired to write the book based on his experiences both at the classroom as a teacher as well as the tax special assistance to the former  Lagos state Governor, Asiwaju Bola Tinubu.

    He disclosed that his experiences had help in the expansion of his  horizon in tax laws and regulations.

     

     

  •    National Confab report not enough to endorse Jonathan

       National Confab report not enough to endorse Jonathan

    Chief Niyi Akintola(SAN) is a former deputy speaker, Oyo State House of Assembly and member National Conference. In this interview with ADEBISI ONANUGA, he speaks on the conference and why the Southwest could not present a common agenda, among other issues

    .

    Briefly itemise the demands of the Yoruba at the last National Confer-ence and their current status?

    Let me say that there was no concrete agenda by the Southwesterners before we left for the 2014 National Conference. I am saying this against the backdrop of the fact that we went there as a divided house. Forget about the claim of some people that we had an agenda. There was sectional agenda, no doubt, but we must appreciate that our interests in Yoruba land as at today are not joint but several as it used to be. There was a meeting at Iperu Remo in Ogun State that was supposed to have been attended by credible representatives of the states in the Southwest to aggregate our positions that we will take to the conference. Only Senator Abiola Ajimobi and Dr. Olusegun Mimiko, governors of Oyo and Ondo states were present, out of all the governors in the region. Many of the opinion leaders were absent. Invariably, the credible opinion leaders of the various segments of Yoruba nation were not at that meeting where supposedly the decisions to present the common front were taken. So, by the time we got to Abuja, it was a divided house. Sincerely, we never really got there as a united geo-political zone. Of course, there was a paper that was taken away from Iperu meeting that was meant to be foisted down the throat of every Yoruba man which was resisted.

    As a matter of fact, Governor Ajimobi warned those present at Iperu meeting that they had no mandate to think, speak and take decisions on behalf of the people of Oyo State without consultation and consent of his people. He used the analogy of chief Imams and told them that the mere fact that there were learned scholars in Islam at Ilorin should not qualify one to be imposed as Imam of Ibadanland. He said that certainly, Ibadan people will want to appoint of one of their own as their own Imam, meaning that the fact of having elders sitting at the Iperu meeting does not necessarily means that what was being said there would be acceptable to the elders in Ibadan. In a nutshell, he told them clearly that there must be wide consultations among the people of Yorubaland before any decision was taken. He even reported back to us in Ibadan that his counterpart from Ondo State was not allowed to speak as he was regarded as a small boy who knew very little of Yoruba needs. To that extent, our own mandate from Oyo State was clear and direct. It was to go there and protect the interest of Oyo State and it has nothing to do with party politics or political affiliation. For instance, over 50 percent of the delegates from Oyo State were apolitical. Of the remainders, leaders like Senator Rasheed Ladoja, Brig-General Raji Rasaki, and the likes belong to Accord party and Peoples Democratic Party (PDP) respectively. All of us spoke with one voice on what we considered to be the best interest of Oyo State people.

    The situation wasn’t different with the delegates from Ondo, Lagos and Ekiti states. For instance, on the issue of regionalism, the people of Lagos State said Gedegbe leko wa, meaning that they are on their own. Quite unfortunately, we no longer have the likes of Chief Obafemi Awolowo, Adekunle Ajasin, Chief Abraham Adesanya, Chief Bola Ige, and co. For example, Ige knew everybody that was somebody in Yorubaland up to Kogi and Kwara States. We don’t have that kind of leaders that have community value across the region again. Things are changing, everybody is becoming a local champion in his own area of birth or influence and we must appreciate that. Take, for instance, the delegates from Ekiti State, led by my teacher, Professor Akin Oyebode, who said that they were not ready to be going to Ibadan to take instruction again.

    But he who understands the political arithmetic of Yorubaland as at today will know that power has even moved away from Ibadan to Lagos. We must accommodate, respect and appreciate our differences, including the changes that are taking place. We had crisis there because we didn’t appreciate our difference and individual state challenges.

    In summary, from what you have said, there was no Yoruba agenda contrary to what is being peddled around?

    There were but there were disagreements along the line. There were also conflicts of interest in the entire Southern part of the country. We had agreement in terms of restructuring but interests were at variant. Take for instance, the issue of Land Use Act. Southwest didn’t buy into the idea of removing Land Use Act which the people of South east and Southsouth wanted. Those of us from Oyo, Osun, and Ekiti states never believed in the Southern solidarity nonsense which they call Southern Solidarity movement because it has not paid the people of Southwest in any form. If there has been any benefit of the movement, the marginalisation of Yoruba wouldn’t have been this pronounced. Not even under Abacha did we have it this bad and rough.

    Today, the financial sector of the country is in the hand of just one ethnic group, so also the power sector of the economy. Unfortunately, when they are trying to satisfy the constitutional requirement by picking one minister from each state, they ensure that they pick only technocrats who have no community value from the Southwest. Though these are highly gifted world class people in their own right and various disciplines and we are very proud of them but they have no political education like their counterpart from the Southeast. If you are in doubt, check the ministries being headed by these Southwesterners and the parastatals under them, compare and contrast these with the ministries being headed by their Southeast counterpart, the parastatals under them and the appointments made therein, the outcome will be too obvious to you. So, what friendship do we have with the Southern Solidarity Movement that is not bothered about our interest apart from using and dumping us?

    Again, some people put up a paper over state creation and they were recommending another state from Ogun State as the only state proposed from the Southwest region when it was thought that only six states would be created. How can anybody who understandS the geographical arithmetic, and knows the political arithmetic of Nigeria and Yoruba land think of creating a state in Yoruba land without mentioning Oyo State first considering the size, population and other criteria? That is another area of disagreement. Ondo State does not agree with most of the things that emanated from Iperu axis because they have their own interest to protect. So, we didn’t really aggregate our interest before leaving for the confab but we all believe in restructuring the country.

    Along what line?

    Along the independence of each state, devolution of power and parliamentary system. The people from the Iperu meeting came there with regionalism and parliamentary system which delegates from Oyo, Ogun and Osun keyed into but which Ondo and Lagos states didn’t believe in. Ekiti was in between.

    What is the status of regionalism?

    It failed.

    So, what did Yoruba bring back from the confab?

    Of all the Yoruba states, Ondo State was the most prepared but generally, we didn’t have that cohesive front. There were those that wanted us to toe the line of South South people which some of us resisted. Our position from Oyo State which Lagos State supported was that if you want resource control whole sale, it must be all embracing. It must include tax, VAT, charges from the ports, and collections from the borders, which some people were not comfortable with.

    What was the outcome of the resource control?

    Stalemate. It did not scale through. The status quo remains. We didn’t get parliamentary system, and full decentralisation. State police scaled through. We also have decentralisation of the court system where we recommended creation of state Court of Appeal. Local government should not be a tier of government in a federal state. The type of what we are having today was a creation of the military. That is why we have a state with 42 local governments as against another with more population having 20.We liberalised it. A state can create as many as 1000 if it can sustain them. If the recommendation is implemented, this country will not remain the same. It will improve greatly. The issue of corruption was tackled headlong. We are having so much at the centre which everybody is scrambling for. Statistics shows that over 80 percent of the landed property in Abuja belongs to the civil servants. In fighting corruption, we have concentrated so much on political exposed persons without looking the way of civil servants that are the source and master minds of corruption. We have had a situation in this country where N20billion was found in the account of an NYSC director who died in a plane crashAmerica and Europe are saturated with the houses of your generals, serving and retired.

    What was the level of success of the conference?

    I will say we achieved between 55 and 60 percent in relation to Yoruba demands and it is not correct to say that we didn’t achieve anything.

    How do you juxtapose your rating with the position of Afenifere, using the implementation of the confab’s report to endorse Jonathan on behalf of the Yoruba?

    Give it to Mimiko. As for the confab, he was the most proactive governor from the region. Mimiko knows and goes for what he wants as a pragmatic man. But I disagree with him for using the confab as a yardstick to endorse one presidential candidate over the other. We should not forget that in 2011, we were railroaded into voting for Jonathan without any demand. I am guilty of it too. We canvassed for him without a charter of demand placed before him unlike our Southeast counterpart, who was more than represented at the federal level. Southeast has Secretary to the Federal Government who coordinates practically all the appointments to the parastatals. Southwest was short changed down the line in terms of appointments. Look at the financial sector, Minister of Finance, and virtually all the heads of parastatals under the ministry go to the East just as it happens in the power sector. Every institution that works today was established by a Yoruba man. For instance, television was first established by a Yoruba man and they took it away from us, ensuring that no Yoruba man gets there, until I made it an issue at the plenary session of the confab after which Sola Omole was appointed to head NTA. BPE was the brain child of Kekere Ekun. They used and dumped him after establishing it. Uncle Fola Adeola was the man who wrote paper on pension, Pension Board has now become the drain pipe which they siphone our money, hardly can we find a Yoruba man there today. In fact, Onagoruwa was removed unceremoniously as DG. Federal Road Safety Commission (FRSC) was the brain child of Wole Soyinka. It was established only for Oyo State. I don’t know anywhere in the world where Road Safety issues licenses and plate numbers except in Nigeria. We are not asking for too much. We are only asking our compatriots across the country to allow us to do our own things in our own way and they are denying us. Take for instance, if the dream of our forefathers about Obafemi Awolowo University (OAU) was allowed to materialise, we would have been at par with China today. Imagine if Mathematics is being taught in Yoruba Language. In 1982/83, we were to have metroline even before South Africa; it was scuttled by the General Muhammadu Buhari regime. If not for the resilience and pragmatics approaches to infrastructural development in Lagos by Tinubu and Fashola, we would not have that bridge across the Lagoon that links Admiralty Way and Victoria Island and the 10 lanes road to Badagry. We wouldn’t have heard Lekki today because some people somewhere did everything to frustrate those projects hiding under federal might. In fact, at a stage, a minister came from Abuja to stop Lagos-Badagry project.                                                                                                                    I don’t believe that having the Speaker would have improved our lot. No, it doesn’t follow. Bankole was a speaker; the road leading to his home town was not tarred. Olubunmi Etteh was a speaker, her home town, Ikire, had a gully that was killing people every day. The roads are still bad there. It doesn’t follow, it depends on the personality. That was why I advocated the inclusion of technocrats that have community value. Technocrats like Okonjo-Iweala, not a technocrat that is out of touch with his own people. Look at the financial sector, SURE-P, CBN, budget and planning, Stock Exchange, and Asset Management Corporation of Nigeria (AMCON), they are filled with easterners. That we are not well represented in the government shows that we are not as political literate as our people from other zones.  It is very sad that we don’t have leaders to coordinate us like our brothers from the East. Of recent, there were altercations between former CBN governor, Charles Soludo and Okonjo-Iweala, the people that matter in that region came in and said look, the two of you should stop the altercations and we never heard anything from them again. No leaders and no media to defend Yoruba interest again. Before, Tribune used to do that but it has abandoned that role unlike what the Sun Newspaper is doing for the East. Do you know that the MD of Nigerian Maritime Administration and Safety Agency, is more prosperous, three times than a governor or a minister?  All l have been saying is that the Yoruba in government must draw a line between their political interest and the interest of their people back home. They should stop behaving as if they have all the solution to Nigeria’s problems. They should start behaving like their counterparts from other zones.

     How do you see the roles of the monarchs in this dispensation?

    We have passed through this route before. The Yoruba monarchs have a lot of issues. Some of them don’t see eye to eye. A lot of ego issues. Of course, some of them are pragmatic, highly cerebral and well informed. They need to appreciate and respect each other’s differences. Most of the obas take decisions to spite each others. In any case, how many of them have community value? When you talk of traditional rulers that have community value, Awujale is a deity that every Ijebu person obeys, respect, adore and he doesn’t do anything without consulting his people. Alaafin is on ground “gidigba” among his people up to Oke Ogun. And Olubadan is surrounded by the elites called the CCII, who call the shots. But when you have a republican oba that is highly republican but doesn’t have the followership, then you will appreciate the Yoruba monarchical challenges. Our society is a bundle of contradictions and is characterised by illiteracy: be it political illiterate, economic illiterate, social illiterate, and legal illiterates. That is why you find supposedly educated person but a legal illiterate saying somebody without a university degree should not contest when constitution ordinarily requires aspirant to be educated up to, not necessarily need to pass the exam or produce the certificate.

     Are you still maintaining your position about the Oodua Peoples Congress (OPC) that they are one of the forces that can protect the Yoruba? 

    I respected the then OPC as it was. You will recall that the respect and the encouragement we gave the body during the years of the locust otherwise known as Abacha era. The OPC then was not exposed to the lure of political patronages. The OPC then was highly principled, focused on the ideology of Yoruba nation, and believed in the concept of “Omoluabi”. The OPC of today is not the same as the OPC of the yore. The present day OPC is factionalised. The leadership has tasted the forbidden fruit and the body is now the OPC of anything goes. It is my prayer that the body will retrace its step to the path of honour and gain the respect it commands among various Yoruba national among Nigerians extraction irrespective of their political lineage and ideology. The recent happening among the ranks and files is very saddening and no Yoruba man of impeccable character should be proud of the development. The fault really did not emanate solely from the leadership of the body but rather the blame should be put at the door step of Yoruba political elites whom on gaining political ascendancy with political power, money and influence started inciting the OPC members and indeed erstwhile benefactors started treating them like lepers. This ingratitude on the part of most Yoruba political office holders infuriated the leadership of OPC. Frustration now set in and the leadership, to have it back on this political office holders, seceded to depart from the path of “Omoluabi”, which was the set goal of the movement at its inception.  It is rather unfortunate that most of the political office holders turned out to be ingrate and forgot where they were coming fromThey started maligning friends at the expense of the older ones thereby turning many former friends into sworn enemies and the resultant effect is what we are now witnessing in Yorubaland. It is simply a matter of failed leadership at all levels.

    What is your advice to the people of the Southwest?

    Yoruba should stop playing God over the affairs of Nigeria. I think it is time Yoruba people start behaving like their counter parts from other zones who will sacrifice anything for the common people of their region. We should not go to vote blind folded. We should play the game the way it is being played by other zones because we can’t be the only sane person in the midst of six mad people or the only virgin in the maternity ward. Again, we should learn to talk less and stop revealing our strength and wining strategy until when it is right to so do. For those that do the dirty jobs, they should appreciate the fact that there is a thin line between honour and dishonour in Yorubaland and once you cross it, you are a goner. If anyone is in doubt, he should go and learn from those that went against the wishes of Yoruba nation during the Abacha regime. The people concerned are still fighting the battle of their lives for relevance. My brothers and kinsmen, Governor Ayodele Fayose and Femi Fani-Kayode should thread softly in carrying out their national assignments. They have the right to hold different opinions from that of their compatriots, but they should thread softly in carrying out their assignments and pursue same within the concept of “Omoluabi”. They should stop selling their kinsmen cheaply because they may not be able to buy them back at a very high price.

    With the way things are, the marriage between the South and the North seems not to be working. Why is it difficult to divorce?

    My brother, the life span of Nigeria is not up to 20 years unless we change our ways. Except there is total devolution of power, and decentralisation of powers, the marriage will collapse. It is not the question of marriage between the North and the South, even among the Southerners, there is injustice, and lack of respect for each other differences. The problem of Nigeria is not caused by the North but rather it was caused by the structure which we are operating at present. There is too much injustice and where there is injustice, there can’t be peace. Unfortunately, our political leaders don’t read. It was over centralisation that killed the old Soviet Union, Yugoslavia, and Sudan. It is over centralisation that is killing Britain, even the state of Texas is asking for its marriage to be dissolved in USA.

    At every slightest opportunity, you say that you can’t contest election. Why?

    Yes, for now l can’t. Apart from the fact that I don’t have enough money for such venture, I am too blunt even against myself. I am a realist. I believe in what it is as against what ought to be. Many elites out there are living in self-denial and they play the ostrich most of the time. For instance, most of those who fraternised and benefited immensely from Alhaji Lamidi Adedibu, General Olusegun Obasanjo and Asiwaju Ahmed Tinubu are now turning out to fight the same system that brought them to limelight. The question is: why must you smell something you can’t swallow? When you are benefiting from the system, you are not asking questions only for you to cry blue murder when the same method is being used to shortchange you. I hope I have answered your question.

     

     

  • Obanikoro: Senate didn’t play by the rules, say lawyers

    Obanikoro: Senate didn’t play by the rules, say lawyers

    The Senate has confirmed Senator Musiliu Obanikoro as a minister, despite protests by senators from his  state and others, who insisted that things must be done right. Lawyers argue that it was morally wrong for the David Mark-led Senate to have cleared Obanikoro without insisting that he should clear himself of  allegations against him, especially his role in the alleged rigging of the last June 21 Ekiti State governorship election. Moreover, the matter is in court and it is the Senate’s tradition not to touch issues that are sub judice. Lawyers say the Senate did not play by its rules in confirming Obanikoro, reports ERIC IKHILAE.

    In spite of huge protests last Wednesday, the Senate confirmed Senator Musiliu Obanikoro as minister. Arguably for the first time in the Senate’s history, opposition senators staged a walk-out to show their objection.

    The three senators representing the nominee’s state rejected him. They are Senators Ganiyu Solomon, Gbenga Ashafa and Oluremi Tinubu .

    A record of eight points of order were raised by members in opposition to Obanikoro’s confirmation.

    Despite the strident opposition, Senate President David Mark moved the Red Chamber to confirm Obanikoro  regardless of the issues raised concerning his credentials, allegations of abuse of office during his last tour of duty, the pendency of court cases challenging his suitability for public office and the need to consider the implication of his confirmation on the conscience of the society.

    Ordinarily, Obanikoro comes with a rich profile. He was  a one-time chairman of Lagos Island Local Government (remember the fire at City Hall that time), former commissioner for Home Affairs in Lagos State (remember the incident at Hajj when he was Lagos State Amirul Hajj), a former distinguished Senator of the Federal Republic, former High Commissioner to Ghana and, until recently, the  Minister of State for Defence.

    Despite his political background, however, Obanikoro’s personality has over the years attracted negative attributes. He has, of recent, been mostly associated with conduct antithetical to his profile.

    houseLeaders of his home chapter of the Peoples Democratic Party (PDP), such as Chief Olabode George and Adeseye Ogunlewe, have, in most instances, described him in uncharitable terms. His party also portrayed him in a similar light when reacting to a suit he filed against it after losing the governorship primary last December.

    Obanikoro, in the suit marked: FHC/ABJ/994/2014, accused the party and its leaders of manipulating the primary against him. He accused  George and Jimi Agbaje (who won the primary) of engaging in criminal conduct.

    But, in its response, the party accused Obanikoro of working against its interest and plotting to frustrate it from fielding a candidate for the governorship election in Lagos. The party said Obanikoro stormed the venue of the primary in Lagos “in a black jeep with other security vehicles and 30 heavily armed mobile policemen”.

    Before his party accused him of working against its interest, the Lagos State Governor, Babatunde Fashola, was at a point forced to note Obanikoro’s seeming predilection for misapplying state powers, accusing him  of bringing soldiers to physically stop ongoing public housing projects. This was during his first coming as the Minister of State for Defence.

    In Ilaje Ese-Odo, Ondo State, he was also accused of bringing soldiers to intimidate opponents of his party during a by-election to fill a vacant House of Assembly seat. His alleged love for abuse of powers got to a ridiculous height with what has now been known as Ekitigate, in which a military personnel recorded voices of Obanikoro, Minister of Police Affiars, Jelli Adesiyan, a PDP governorship aspirant in Osun State, Iyiola Omisore and Ayo Fayose (who was PDP’s candidate), at a meeting where they allegedly plotted to use the military to rig the last Ekiti State governorship election

    While Adesiyan, Omisore and Fayose had reportedly admitted attending the meeting, but denied that they plotted to rig the election, Obanikoro has continued to deny that he was at the meeting where the recording took place.

    Aside the various allegations of his involvement in election manipulation, some cases are currently pending against him in some courts, challenging his eligibility to hold public office or stand for election in view of the many questions and contradictions about his person.

    One of such suits pending before a Lagos High Court, Ikeja was filed by three PDP members. The plaintiffs – Michael Babatunde Ogun, Suleiman Olayinka Saheed and Wasiu Adeniyi Odusan accused Obanikoro of falsifying his age.

    They also accused him of voluntarily acquiring the citizenship of the United States (US) without renouncing his allegiance to Nigeria, the country of his birth.

    Ogun, in a supporting affidavit said: “Obanikoro deliberately declared falsely in his answer to Question 9 Part B of the aforementioned affidavit when asked whether he had changed his nationality in the past and if so, what the nationality was, by answering ‘that is not applicable,’ when he knew that he had in actual fact acquired the citizenship of the U S as contained in his American Passport No.025317195 issued on June 16, 1995.

    “Also, Obanikoro deliberately falsified his date of birth and age as the 28th of July 1954 and 52 years respectively notwithstanding the fact that Obanikoro knew that his official Nigerian passport and his diplomatic passport No.F0004473 and D0002471 respectively showed contrarily that his actual date of birth is the 28th of July 1960.

    “His American passport and application for admission to the Texas Southern University, Houston Texas including extracts from Obanikoro’s marriage records to Jewel M. Weller in the Harris County 1982 Marriage Records support the assertion that Obanikoro’s actual date of birth is 28th July 1960 as opposed to false declaration of 28th July 1954,” Ogun said.

    There is also the question about his actual surname, whether it is Obanikoro or Onikoro. The suit being prosecuted for the plaintiffs a Lagos-based lawyer, Wahab Shittu, has been fixed for tomorrow for judgment by Justice Kazeem Alogba.

    Obanikoro bears the heavy baggage of unresolved allegations of abuse of powers and pending cases, which query his eligibility to stand for election or be appointed to public office. These formed the basis of the objection by opposition senators, but the Upper Chamber confirmed him without caring about how the people felt.

    Many argued that the Senate’s confirmation of Obanikoro and the role played by the Senate President, again, called to question his leadership credentials, bearing in mind his antecedents.

    They queried the double standard played by Mark in the whole episode, wondering why the Senate President, who once told Senator Olubunmi Adetunmbi (Ekiti North), to drop a motion seeking the Senate to look into the role Obanikoro played in the Ekiti election on the ground that the matter was in court, chose to close his ears to the information that issues concerning Obanikoro’s suitability for appointment into public office formed the subject of a pending suit in court.

    Observers wonder whether the Senate President was not aware that court processes were legitimately served through media publications, when he argued to the effect that the Senate would not rely on media reports about the pendency of the suit before the Lagos High Court in deciding whether or not to confirm Obanikoro.

    They faulted the Senate leadership’s reliance on its funny practice that a former member of the legislative chamber must not be subjected to questioning before confirmation. They queried President Jonathan’s motive in insisting that Obanikoro, despite the allegations and court cases against him, must be made a minister.

    They also wonder whether his nomination and clearance by the Senate were intended to enable him re-enact what has now become the Ekitigate or meant as a compensation for him to back down on his alleged plot to scuttle the party’s chances in Lagos and, possibly, the Southwest.

    Lawyers, including Mahmud Magaji (SAN), Dr Ambrose Owuru, Wahab Shittu and Festus Keyamo argued that the confirmation of  Obanikoro by the Senate was not only a denigration of whatever the country stands for, it also offended the dignity of the people. They queried the haste in the Senate’s decision when the many queries about his conduct during his first coming were yet to be resolved.

    Magaji noted that it is the requirement under the Constitution that people to be appointed as ministers should be those with unimpeachable character. “And that at the verge of confirmation, the Senate President will pronounce that you have indeed, been found to be fit and proper to be appointed as a minister of the Federal Republic of Nigeria.

    “If that is the position, it means the conduct of the Senate, in clearing Obaikoro, has completely eroded the trust of Nigerians on the Senate to protect the provisions of the Constitution. And, of what benefit will it be if the international community sees us as a bunch of people led by people with questionable character.

    “This is the impression we create when we appoint people with questionable character as ministers of the Federal Republic of Nigeria. I think this will not only affect us at home, it is capable of eroding the trust and confidence that other nations have for us. It is sad,” Magaji said.

    Owuru contended that the Senate did not act well. He noted that since its members represent Nigeria, they ought to consider their action on the image of the country.

    Owuru, who is also the presidential candidate of Hope Democratic Party, argued that a responsible senate would have deferred the matter and seek to protect the nation’s image because Nigerians are already perceived as “people of anything goes; a corrupt people.

    “So, when a man is under some measure of investigation, and wants to be a minister of the Federal Republic of Nigeria, and is accused of having abused his position in previous outing, there is the need to be cautious. I do not see the need to hurry to confirm such a ministerial nomination at this time. And we are close to elections, unless they have ulterior motive. If not, it is not something that is proper to do.

    “This is sending a wrong signal out there, because they represent Nigeria and don’t forget that the world is following developments here. What if, during the next election, this fellow is found involved in any unwholesome practice, would it not attract negative reaction? This is why we must be careful. It should not all be about winning election. It should be about how we run the country for the good of all,” Owuru said.

    Shittu said although it will be wrong for him to comment on the issue, being the plaintiffs’ lawyer in the case before the Lagos High Court, the Senate ought to have waited for the outcome of the case before confirming Obanikoro.  He said the case has been adjourned till tomorrow for judgment.

    Keyamo contended that “for anything at all, they (members of the Senate) should have waited for the allegations against Obanikoro to be fully investigated before considering his nomination. That they confirmed him is a shame.”

     

     

  • We’ll create an enabling environment for judges

    We’ll create an enabling environment for judges

    Preamble

    Peace is not the absence of conflict, war or disagreement. It is much more than that. Peace connotes that in the midst of conflict, or disagreement the established method of resolution is followed.

    There can never be peace without justice. Justice sector is key to the actualisation of peace. The recognition that where there is a wrong it can be redressed without discrimination is the beginning of peace. This redress is achievable only through the justice sector.

    This is where the judiciary is relevant for the actualisation of this vision. Every one occupies a position to make this vision a possibility. As judicial officials, legal practitioners and Judiciary Staff (JUSUN) we have a fundamental role to play in this regard.

    We recognize that the judiciary cannot function to achieve the goals or vision of our party except an enabling environment is created. Such enabling environment cannot be created when the security of life and property of judicial officers and judicial workers cannot be guaranteed. Such enabling environment cannot exist when the conditions of service are not conducive.

     

    WHERE WE ARE?

    Failure of Government to adhere to  rule of law.

    – The Constitution recognizes that there are three arms of government Executive, Legislature and Judiciary.

    Each arm of government is meant to exercise check and balances over the other.

    The Executive arm of Government in Plateau State has failed to accord the two other arms of government, its independence or obey the Rule of Law.

    It has been a total breakdown of the principle and spirit of separation of powers.

    For the first time in Plateau State, the Executive acting through the son of the Governor instituted an action against the House of Assembly seeking to prevent the House from carrying out its oversight functions on the SURE-P funds meant for the State. As the suit is still in court and in order not to amount to sub-judice we refrain from making further comment, but that shows the degrading state of Plateau. Where governance has been reduced to family tea party.

    Other Examples abound :

    a)  Failure to comply with judgments of the courts:

    b)  Judgment of courts are treated with contempt.

    c)  Monetary judgments are not paid

    d)  Declaratory and injunctive orders are not complied with.

    -By Executive fiat, the Government of Gov. Jang repealed Districts and Chiefdoms created by Law.

    Not even the judgments of the courts challenging the verbal abrogation of the Chiefdoms and Districts have made government reversed its position on the issue.

    There are three tiers of government- Federal, State and Local Government. The Plateau State Government at each election year since 2007 has severally passed laws to regulate the conduct of the elections. The law made provision for parties to file election petitions. The laws also provided for the judgments of the appeal Tribunal to be final.

    For the first time in our history as a people, even after the judgments of the appeal Tribunal, the government of Governor Jang had never swore in persons returned as elected by the decisions of the Tribunal voluntarily. Examples are- Wase, Langtang North and Mikang Local Government Councils which were only inaugurated few months to the end of their tenures.

    Embarrassingly, Judges and members of Tribunals and Appeal Tribunals have been sued for performing their judicial acts. Judges were sued by way of originating summons or certiorari only because they ruled against the interst of the government.

    Right now, in Langtang North, even after the judgment of the Appeal Tribunal, judges of the Appeal Tribunal have been sued and an Appeal lodged against a decision striking out the suit against them for want of jurisdiction. The Government of Governor Jang has not swore in the Chairman of the Local Government as ordered by the Appeal Tribunal.

    More worrisome is the fact that the Peoples Democratic Party (PDP)  candidate removed from office is still functioning as the Chairman, superintending over the funds and affairs of the Council despite the orders of the Appeal Tribunal.

    We are worried and the rescue mission of Lalong and Tyoden will ensure that the rule of law is complied with. The Nigerian Bar Association (NBA)  has had its own bitter experience. As a professional body we have a duty to ensure that illegality is addressed. Am aware that when the Ministry of Lands and Survey issued a policy for the registration of Lawyers before they can undertake any practice, and when contrary to law the Government by Executive fiat provided a new method of payment of filing fees which had the effect of reducing the time limit for filing as the banks close to customers at 2pm when judicial closing time for filing is 4pm, the members of this profession took steps to address this  perceived illegality.

    The High court of this State courageously declared the policy of registration of lawyers by the Ministry of Lands and Survey and the policy of filing fees as illegal. An appeal by the State Ministry of Justice has been struck out, yet none of these decisions have been implemented. Lawyers are still being forced to pay and register at the Ministry of Lands and Survey or else you can’t carry out any business there. Lawyers are out through stress to make payments for the filing of their processes before close of work by the banks.

    We are also aware that even the judgment of the High Court in 2010 which had declared the tenure of Local Government councils under the Local Government Law to be three years was also disobeyed as the government dissolved the councils before the time of expiration even with the order that government cannot dissolve the councils to set up caretaker committees.

    The instances are numerous. Other cases abound of  – lack of infrastructure  -dilapidated buildings, court rooms. -Non functional Chambers for judges. -Judges on the Plateau deserve better chambers.

    Magistrate and Area Courts are a sorry sight! What manner of justice can be delivered in such environment?

    Human resources

    Plateau State is understaffed both on the Superior court- High Court, Customary Court of Appeal and Sharia Court of Appeal and the lower courts.

    -Judicial officers are overworked.

    Ministry of Justice:

    -Understaffed;

    -Non-functional Area offices

    -Underfunded Area offices

    -Absence of adequate logistics

    -Training

    *Judiciary Staff:

    -Judiciary staff is different from mainstream civil service, the conditions of service and working environment must be different.

    -No training for staff for effective service delivery

    -Lack of conducive working environment

    -Sheriff/Bailiffs-harassed in the performance of their duty.

    Our plans

    1 will ensure due regard  for the  rule of law:

    Judgments of the courts will be complied with. Once we exhaust the procedures provided by law, government will comply with the orders of the courts.

    a) in collaboration with the leadership of the Judiciary make the Judiciary independent subject only to the Constitutional provisions checks and balances

    b) ensure financial autonomy for the judiciary as prescribed by the Constitution

    (c) ensure that with financial autonomy the judicial officers operate within a conducive environment by-

    i ) provision of efficient vehicles befitting of the status of judicial officers commensurate with Judicial officers in other jurisdictions;

    ii ) our judges should not go for meetings or conferences and are hiding their cars

    iii ) provision of legal or research assistants

    iv ) make provision for ICT in judicial proceedings. Judges don’t have to take minutes in long hand. This is part of the reason for delay in the administration of justice. No matter how hard working a Judge is, there is a limit to the number of witnesses he can take daily. ICT will be of immense benefit.

    The condition of the courtroom in and outside Jos will be upgraded.

    v) Judicial officers should be able to access proper medicals when necessary.

    vi ) Magistrates and Area Court Judges will be given proper attention.

    vii ) allowances- wardrobe and other benefits will be improved

    vii ) enhance the powers, duties and functions of the Sheriff and Bailiff.

    viii ) Sheriffs and Bailiffs must be properly kitted and equipped to discharge their duties.

    Our action.

    Our Government will provide ; (a) Functional and effective office of the Attorney General who should be free to advise government appropriately. (b) Synergy with the Judiciary such that judgments of the Court are brought on first line basis for government attention. (c) adequate renumeration for staff. Law officers on special assignment, such as representation for PLASIEC in election petitions will be duly renumerated as provided by law. The PLASEIC Law recognizes the fact that legal representation should be made for the Commission and provide the payment of honorarium. Am aware that the law officers who participated in the defense of the Commission in the 2009 Local Government Election Petitions were not renumerated even though they had to work beyond normal working hours because of the special proceedings. Our government on rescue mission will ensure that all will be treated justly and with equity.

    We shall undertake the issue of appointments in the justice sector with dispatch and promptly. We shall take advantage of every available opportunity to get our quota or placement. As at today, there is no single Judge from this jurisdiction on the bench of the Federal Capital Territory High Court, or the National Industrial Court, and only one in the Federal High Court. It is not that we don’t have qualified personnel, but internal wrangling have been our bane.

    We shall pursue the creation of legal units in the local government councils in the State. The legal units will be manned by legal practitioners. Apart from creating jobs for at least 17 legal Practitioners who will head these units, other legal practitioners will be employed as legal assistant to build the personnel of the units. The units will be responsible for liaison with the State Ministry of Justice, and respective counsel for matters affecting the local councils. This will build capacity for the councils in legal matters.

    We shall also provide the legal and institutional framework for Alternative Dispute Resolution Mechanism in Plateau State. Apart from fast tracking the resolution of disputes, the ADR will afford the Plateau people the opportunity to amicably resolve their disputes. This will also result in the creation of job opportunities in the sector.

    We shall ensure that the State Prerogative of Mercy which is a Constitutional responsibility is made effective in addressing the plight of Prisoners.

    On this RESCUE MISSION, we shall ensure that the Law as an instrument of social engineering is made a basis for development of the State.

    Am not unmindful of the fact that the task is enormous. But as a team we realize that this mission is possible. We must rescue our State from this decay and contempt.

    I urge you beyond partisan consideration to join hands with us to make Plateau great again. We shall not only run, we shall pursue and overtake. Change is possible and the journey to change begins with you. Make that choice. Choose and vote wisely. We stand to be the agents for the actualisation of the change we dream and hope to see. Join us in this journey.

    VOTE LALONG and Tyoden, and let’s work together to make this vision a reality.

     

  • ECOWAS court adopts ICT

    ECOWAS court adopts ICT

    The President of the Court of the Economic Community of West African States (ECOWAS Community Court), Justice Maria de Céu Silva Monteiro  has inaugurated an information communication technology (ICT) based tool- Ecolink -aimed at enhancing the court’s operations.

    Justice Silva Monteiro said Ecolink is a new ICT-based administrative tool for the court, intended to serve as a platform to strengthen inter-institutional relations and cohesion while ensuring greater transparency in the pursuit of the objectives of the ECOWAS community.

    The court’s president, who spoke wile inaugurating Ecolink at the court’s headquarters in Abuja, assured that the full implementation of the system will enable officials in the ECOWAS Commission, community institutions and agencies have access to the same level of information.

    This, she added, will help to promote better management of the resources of the community and contribute to the realisation of the 2020 vision of the region for a citizen driven community.

    The Ecolink project is intended to help streamline business processes, improve control over documents, reduce manual processes and the use of paper, ensure faster information access, improve tracking of documents and provide a standardised platform for managing data across the ECOWAS Commission, institutions of the community and agencies.

    The court’s president said the project was in line with the provisions of the Community’s 1993 Revised Treaty, which encourages cooperation through science and technology for the socio-economic transformation required to increase the quality of life the citizens.  She said by adopting this IT based platform, the Community was following a global trend, which favours the deployment of IT to improve efficiency.

    Earlier, the ECOWAS Commissioner for Finance, Mrs. Khadi Saccoh hailed Justice Silva Monteiro for the success achieved so far in the implementation of the project following the inaugural launch at the Commission on February 23 this year and the launch in the court two weeks later.

    She said with the successful inauguration of Ekolink, the court has entered a “new era of transformation of its management system that will impact on its judicial and non-judicial functions for the benefit of ECOWAS citizens.”

    “By improving the quality of support functions, namely financial, accounting and procurement processes, Ecolink will provide our Community’s judiciary with the required support for enhanced performance.”

    The project was launched last year by the new management of the Commission with the objective to transform the management systems in all institutions and agencies of the Community. It is being implemented in two phases with both phases to be completed by the end of this year.

     

  • Election creates next forbes billionaires

    The 2015 general elections is creating new billionaires, particularly in the south-west, if the story that the presidency had shared ‘hard currencies’, to the Obas and political elites, for the nearly three weeks that it relocated to the zone, is accurate. Hard currencies, because, while some may accept American dollars, others may insist on obtaining British pounds. These are the hard currencies, not the market-buffeted, Naira. But the story is most likely true, considering that Governor Babatunde Fashola of Lagos state, allegedly confirmed this allegation. So in time to come, some of the current beneficiaries, may become the next generation of NigerianForbes billionaires.

    I guess Nigerians from other zones, particularly traditional rulers, whose compatriots in the south-west were alleged to be the highest group of beneficiaries from the largesse, would be green with envy. But that is the story of the political economy of Nigeria. Success here is never dependent on mere hard work. In this contest, the south-west obviously has not been the hardest working supporters of the Peoples Democratic Party (PDP), the party that produced the presidency, at least in this dispensation; yet they are the greatest beneficiaries of the alleged on-going monetary inducement for votes.

    Interestingly, there are no signs that those whose pockets have been stuffed with these ‘hard currencies’, will reciprocate the gesture, with their votes. In fact many commentators have urged the beneficiaries to obtain the money, and go ahead to vote for the party on the surge to win the presidency, the All Progressive Congress (APC). Considering what is commonly referred to as the sophistication of the voters in the zone, there is believe that many would take the money, and go ahead tovote the APC. But try as much as the envious can, to make the presidency take his salesmanshipelsewhere, the state house at the Marina Lagos, brims with political activities, and most likely, foreign currencies.

    The other zones, particularly the south-east that has been accused of accepting inducement to support President Goodluck Ebele Azikiwe Jonathan, must be wondering why in Nigeria,‘monkey dey work, baboon dey chop’. Well, maybe that is their lot. Indeed, the Igbos call it, akalaka.So, when accounts are taken, of the political economic-history of Nigeria, the Igbos who have been denigrated, on the basis that they are on the take, for political favours, may have difficulty balancing their account, despite all the accusations.Well, maybe, it is a case of an old wife being taken for granted, in favour of a new love.

    In another effort to scurry political favour from the south-west, there is the other story that two eminent sons of the zone, Otunba Ganiyu Adams and Fredrick Fasheun have had their companies added, to the list of those settled to protect the petroleum products pipelines. In the past, these leaders of Odua Peoples Congress (OPC) were considered outlaws, just like their Ijaw compatriots, AsariMujahedeen Dokubo, Government Ekpomopolo and the others, nowthe alleged beneficiaries of the pipeline-guards for political-support, contracts. Indeed, many of these ‘former outlaws’, have become so wealthy that sooner than later, they would turn-up as leading NigerianForbes billionaires.

    Such is life, particularly the Nigerian. Many have questioned, what would happen to Nigeria, after the on-going Jonathan bazaar. The chances are that the country would be so broke, that they may have to approach the newly created billionaires to bail out the country. This would be the case, regardless of who wins. For if truly Gen. Mohammadu Buhari of the APC has promised not to look back, at who unlawfully got what, between 1999 to 2015; perhaps to tamper the fears of those mortally afraid of the General’s past recovery records; then the beneficiaries are primed to become the famous business men of tomorrow.

    Interestingly, the Forbes list does not bother so much about the sources of wealth; well, perhaps except for what it regards as inherited wealth, and those from flagrantpolitical malfeasance. In the Nigerian case, considering that President Jonathan would not dare open his own yash, by way of an indictment for the election-period billionaires, if per chance he gets re-elected; and that GMB has allayed any such fears if he wins, those smiling to the bank in the votes-for-cash fever, should be dusting up business proposals,to become the next generation of the wealthy NigerianJet owners.

    The Nigerian Jetowners; that enviable group, to gauge the economic performance of Nigerians, according to President Jonathan. On this score, there is some contradictions. While Ndi-anambra, from the south-east, are reputed to own more than 50% of the private jets in the country, none of them is on the Forbes list of billionaires. With Forbes record, it is obvious that their wealth is more like tangerines, compared to the oranges. According to somebody who should know, it is because the south-easterners are secondary beneficiaries of the politically-privileged economies, that creates the Nigerian billionaires. They buy the contract papers, from those entitled to get the contracts directly.

    In a nation skewed on entitlements, President Jonathan, a minority from a minorityzone, is surely in dire straits, in his attempt, to gain traction in his re-election bid. That perhaps explains why he is falling back on the national treasury, as alleged. After all, one short comedian, is reputed to have boasted to his detractors, that if he stands on his money, he would be taller than them. So, President Jonathan may be adding the national treasury to his minority status, to gain majority status, in our severely divided nation. Whether that will be enough to bail him out from the invading Buhari Armada,on March 28, when the presidential election is rescheduled, will be seen in a few days, from now.

  • Fresh suit on card reader filed

    Fresh suit on card reader filed

    The battle to stop the Independent National Electoral Commission (INEC) from using the electronic card readers during the general elections has shifted to the Federal High Court in Lagos.

    A Peoples Democratic Party (PDP) chief, Waliu Taiwo, in suit numbered FHC/C/CS/296/15, is seeking an order restraining the commission from using the card readers during the polls.

    The plaintiff, who is PDP’s candidate for the Ogun West Senatorial District, claimed that INEC’s guidelines, which stipulate the use of card readers is unconstitutional and should be nullified.

    He faulted Section 12 (c) of the guidelines, which states that “in the event that the PVC fails to be read by the Card Reader, the APO (assistant presiding officer)…shall file a report of the incident; inform the voter of the problem and that he/she cannot be accredited; and politely request the voter to leave the polling zone.”

    The plaintiff said this is “the first time anywhere in the world where a device such as the Card Reader as proposed to be used by INEC would be used to the effect that it supercedes the content of the register of voters properly compiled by the electoral body.”

    He joined the Attorney-General of the Federation Mohammed Bello Adoke (SAN) as the second defendant.

    In a motion on notice filed through his lawyer, Mr Ajibola Oluyede, the plaintiff is seeking an order of interlocutory injunction restraining INEC or its agents from going on with its proposed plan to use the card readers for the purpose of determining those who can vote.

    He also wants an order directing the commission to comply with the Electoral Act 2010 and the 1999 Constitution by relying only on the voters’ register and identifying voters with their voter cards.

    Taiwo also wants the court to nullify Sections 7 (a/b), 8, 10, 12 and 13 of the INEC guidelines, which stipulate the use of card readers to determine those eligible to vote.

    The plaintiff wants the orders, when made, to subsist pending the hearing and determination of his originating summons.

    Among the prayers in the originating summons is “a declaration that (in the light of a community reading of Sections 77 (2), 117 (2), 132 (5) and 178 (5) of the 1999 Constitution, along with Sections 9 (1), 46 (1)(b), 49, 52 (2) of the Electoral Act, 2011), the INEC guidelines, which stipulate the use of electronic card readers for the purpose of determining the entitlement of persons (with voter’s cards whose names are on the register of voters) to exercise their right to vote in the 2015 general elections, are unconstitutional, ultra vires, null, void and a recipe for creating confusion and political instability during or in the aftermath of the general elections.”

    In a supporting affidavit, the plaintiff said he believes that for an electronic equipment that has not been tried in “less important elections”, it was a big risk to try it during the general elections as it could “cause disintegration of the country if badly handled…”

    The PDP chief said INEC’s recent mock verification exercise “failed in more than 40 per cent of the areas captured for the exercise.”

    “The result of the exercise as reported by many observers showed that the machines are fraught with many challenges and errors ranging from short lifespan of the batteries and inability of the reader to recognise fingerprints of many registered voters even when the machine manages to confirm the voter’s card to be genuine.

    “I know that most parts of Nigeria are hinterland with very difficult terrain such that it will be impracticable to find any solution to faulty card readers on election day to enable eligible voters, who reside in such places exercise their franchise,” the plaintiff said.

    According to him, disenfranchising eligible voters could result in post-election violence as many would see it as a deliberate ploy to prevent them from voting.

    “I know that the powers entrusted on INEC to make regulations and guidelines for the conduct of elections are not without limitations and are made subject to the Constitution and the enabling law, which is the Electoral Act.

    “I know that the provision of the Electoral Law, which prohibits the use of electronic voting machine, is still extant.

    “I verily believe that if INEC is not restrained from using the card reader machines to authenticate the voter’s card of persons, who have been validly registered and have their names in the register of voters, many eligible Nigerians will be denied the right to exercise their franchise in the forthcoming general elections,” Taiwo said.

    The suit was yet to be assigned to a judge as at the time of filing this report.