Category: Lead

• PDP, LP candidates reply Tinubu

Peoples Democratic Party (PDP) presidential candidate Atiku Abubakar and his Labour Party (LP) counterpart Peter Obi in the February 25 election, have attacked the Independent National Electoral Commission (INEC).

Atiku alleged that the umpire compromised the presidential election results transmission.

Obi accused the commission of bias and favouring President-elect Bola Tinubu.

The LP candidate also claimed that from the polling units results recorded by party agents, he, not Tinubu, won the majority of the votes cast in the February 25 election.

Atiku and his party argued that there was nothing unusual about him contesting for the number one seat since 1993.

They noted that even President Muhammadu Buhari contested three times before he got elected in 2015.

The PDP and Atiku stated these in their reply to Tinubu’s response to the petition they jointly filed with his party before the Presidential Election Petition Court (PEPC). The reply, seen on Wednesday, was filed on April 23.

Tinubu had, in his response to the joint petition by Atiku and PDP, accused him of being a serial loser. 

In their reply , Atiku and his party said: “The petitioners state that contesting presidential elections multiple times is not peculiar to the first petitioner, as the third respondent’s (APC’s) candidate in 2015 and 2019, Muhammadu Buhari, had serially contested presidential elections four times before being returned by the first (INEC) respondent in 2015. 

“The second respondent did not disclose to the first respondent his voluntary acquisition of citizenship of the Republic of Guinea with Guinean Passport No. D00001551, in addition to his Nigerian citizenship. The second respondent is hereby given notice to produce the original copies of his said two passports. 

Atiku and the PDP argued that Tinubu’s return as the winner of the election “is undue, unlawful and invalid.”

They denied being parties to a suit pending before the Supreme Court, filed by six states controlled by the PDP, in which the plaintiffs are seeking the cancellation of the election.

They faulted Tinubu’s contention that it was not necessary to win 25 per cent of votes in the Federal Capital Territory (FCT) to be declared winner of a presidential election.

“The petitioners state that the FCT, Abuja enjoys a special constitutional status, by virtue of its creation and the constitutional provisions. 

“A candidate to be declared the winner of a presidential election must, therefore, have not less than one-quarter of the votes cast at the election in the FCT. 

“The petitioners shall place reliance on the Report of the ‘Special Committee on the setting up of the Federal Capital Territory’ and all documents related thereto.”

Atiku and the PDP claimed that INEC did not substantially comply with the Electoral Act in its conduct of the election.

“The petitioners state that the refusal or failure by the first respondent (INEC) to transmit the results of the presidential election was deliberate, and not as claimed by the second respondent ‘that the configurations of the devices of both elections were totally different’.

“There was deliberate interference with the transmission protocols, including refusal by the first respondent to release access to the Presiding Officers at the polling units nationwide. “

They also faulted Tinubu’s contention that they failed to join Peter Obi and Rabiu Kwankwaso, whose political parties won in some states in which the petitioners were challenging the outcome of the election.

They argued that they needed not to add Obi and Kwankwaso because both candidates were not declared winners.

Obi accuses INEC of bias

Obi, in his reply to INEC’s response, accused the commission of bias.

He claimed that the umpire took sides with Tinubu and the APC.

He faulted INEC for filing a preliminary objection in support of Tinubu and the APC.

Obi argued that the Supreme Court and the Court of Appeal had cautioned INEC against placing itself in a position “where imputation of partiality in favour of one party against another will be levelled against it”.

He said: “The first respondent INEC), forgetting its role as an electoral umpire, gave a Notice of Preliminary Objection to challenge the alleged incompetence of the petition.

“The global best practice for electoral umpires in national elections is that an electoral body must avoid creating the impression that it has no respect for neutrality in an electoral contest between candidates.

“The appellate courts have repeatedly admonished the first respondent of its need to remain neutral in election proceedings. However, the first respondent hereof, has remained impervious to change.

“Therefore, it is not only an embarrassment but a repudiation of the duty of the first respondent when it adorns the garb of a contestant in an election it conducted as an umpire to raise preliminary objection against an election petition as in the case hereof.

“The expectation is that INEC will maintain a neutral stance in all litigations where participants in elections are challenging the outcome of the elections and not indulge in filing objections to the petition.

“The petitioners will before or at the pre-hearing session or at the hearing of the petition, urge the Honourable Court to strike out and or to dismiss the first respondent’s Notice of Preliminary Objection.”

Besides, he described as “misconceived”, INEC’s preliminary objection against the petition he lodged against the declaration of Tinubu as the winner of the presidential election.

“The first respondent’s contention that the reliefs sought in the petition are not grantable is false and made in manifest disregard of the specific and concise pleadings in the petition.

“The pleading in INEC’s Notice of Preliminary Objection that the allegation in paragraph 20(ii) of the Petition is defective and does not disclose a cause of action, is wishful thinking.”

Obi argued that Tinubu was not elected by a majority of lawful votes cast at the election, adding that the PEPC has the jurisdiction to entertain and determine the real issues in the petition. 

The petitioners stated that the necessary parties as required by law for the determination of the petition are before the court. 

Obi argued that Tinubu’s running mate and Vice President-elect, Kashim Shettima, was not validly nominated to contest the presidential election.

“As at 14th July, 2022 when the third respondent was nominated as the Vice Presidential candidate of the APC, he was still the Senatorial candidate of the APC for the Borno Central Senatorial District, his name not having been withdrawn by the fourth respondent as stipulated by Section 33 of the Electoral Act, 2022.

“Borno Central Senatorial District is a Constituency for the purpose of a Senatorial election. Likewise, the entire Federation is a Constituency for election for the office of President and Vice President.

“Until there is a valid substitution of a candidate by a political party, the status quo remains and therefore the submission of the third Respondent’s Form EC 9 as Vice-Presidential Candidate of the fourth respondent did not automatically abrogate his subsisting nomination as Senatorial Candidate for the Senatorial election for Borno Central Senatorial District. 

“The Petitioners’ case is not founded on Section 285(14) of the Constitution of the Federal Republic of Nigeria 1999 (as amended),” Obi argued.

The LP flagbearer told the court that though the party had agents that were positioned at various polling units during the conduct of the election, he said INEC, unfortunately “failed and neglected to give clear copies of the result of the election in the polling units (Forms EC 8A) to the Petitioners’ Agents, as the pink copies given to the Petitioners Agents were very faint and unreadable”.

“In reply to the new issue raised in paragraphs 26 and 27 of the 1st respondent’s reply, the petitioners aver that the actual votes obtained at the polling units as shown in the report incorporated/pleaded in the Petition, show that the petitioners won majority of the lawful vote cast at the election, and met the constitutional requirement to be returned/declared as the winner of the election. 

“In further answer to the said allegation by the 1st respondent, the petitioners aver that the actual result of the election shows that the 2nd respondent neither won the highest number of lawful votes cast in the election nor met the constitutional requirement, including securing the 1/4 of the votes cast in the Federal Capital Territory (FCT) to be entitled to be returned/declared as the winner of the presidential election.

“Indeed, by the 1st Respondent’s record, the 2nd Respondent is the first candidate since 1999 to be declared the winner of the Presidential election without winning 25 per cent of the votes cast in the FCT. 

“The unlawful return/declaration of the 2nd respondent (Tinubu) as the winner of the Presidential election in the hasty circumstances that characterized the said return/declaration is patently unconstitutional.”

• Ruling party favours Christian to lead Red Chamber

The ruling All Progressives Congress (APC) yesterday kicked off the search for the 10th Senate President and House of Representatives Speaker.

The party is likely to adopt consensus in choosing the two principal officers, it was learnt.

According to a party source, consensus was proposed to avoid a rancorous contest and ensure unity and cohesion.

President-elect Bola Ahmed Tinubu, the party’s National Chairman, Senator Abdullahi Adamu, and some members of the National Working Committee (NWC) held a preliminary meeting at the Defence House, Abuja, temporary residence of the President-elect, on the zoning of the National Assembly principal offices.

Lobbying by aspirants for positions also intensified.

After the crucial meeting, three contenders for Senate President – Senator Godswill Akpabio (Akwa Ibom Northwest), Senator Orji Kalu (Abia North),  and Senator Osita Izunaso (Imo West); and Muktar Betara (Borno), who is eyeing the House Speaker, held meetings with the President-elect.

The major highlight of the crucial party meeting witnessed by some members of the APC National Assembly Caucus and lawmakers-elect was zoning.

At the meeting were Vice President-elect Kashim Shettima, Kwara State Governor AbdulRasak Abdulrahman, the Deputy National Chairman (North),  Senator Abubakar Kyari, Deputy National Chairman (South), Chief Emma Eneukwu and the National Secretary, Senator Iyiola Omisore.

Also at the meeting were Senate President Ahmad Lawan, Deputy Senate President Ovie Omo-Agege, House Speaker Femi Gbajabiamila, and Speaker of Kaduna State House of Assembly, Yusuf Zailani.

Alighting from the meeting which lasted for two hours, an NWC member said: “Asiwaju and other leaders were here to inspect the facility, but seized the opportunity to have a meeting with the leadership of the NWC and NASS as regards zoning of the leadership of 10th National Assembly.”

He said the meeting could not conclude the deliberation, adding that party leaders agreed to make more consultations and reconvened later in the night.

Adamu declined comment, merely saying that they had a fruitful deliberation.

Asked if the meeting was able to fashion out a zoning formula, the party Chairman said: “Nigerians should be patient with the party. We should wait. What is good for the country is what is good for us as a party. We are only celebrating the victory of our party now.”

Sources close to the APC leaders said they were on the same page on the choice of the next chairman and deputy chairman of the National Assembly by consensus.

He added: “Consensus is being proposed to ensure that the contest is not acrimonious. APC does not want a situation where the race will lead to crisis.”

Also, party leaders, in utter sensitivity to religious factor, were disposed to the choice of a Christian Senate President, since the President-elect and his deputy, Senatorial Kashim Shettima, are Muslims.

According to the source, APC leaders were disposed to the equitable distribution of the six principal offices in the Red and Green Chambers among the six geo-political zones to foster inclusion and a sense of belonging.

Apart from the Senate President and House Speaker, other offices are Deputy Senate President, Deputy Speaker, Senate Majority Leader, House Majority Leader, Chief Whips and Deputy Chief Whips.

The source said: “The party noted the ambition of its senators and House members and contented that it is in order. The zoning of the Senate President was considered and there was the feeling that since the number one and two citizens are Muslims, the number three citizen should be a Christian.

In his view, the party also decided that there is no zone that will be left out in the distribution of the principal offices .

On which of the Southern zones should produce the Senate President,  the source said: “Majority is in favour of zoning of the slot to the Southsouth.”

He pointed out that “the party noted that it has seven senators from the region, apart from securing substantial votes during the election.

However, the source also stressed that there was also a strong case for Southeast, which produced six APC senators.

He added: “It was a lengthy deliberation. Party leaders favoured the zoning of the House Speaker to the Northwest, which gave the ruling party the highest number of votes during the elections.

“There was also a consideration for the zoning of the Deputy Senate President to the Northcentral and the Deputy House Speaker to the Southeast.

The belief of the party is that no zone should be left out.”

• 13 stranded students allowed into Ethiopia

• Fighting continues despite 72 hours ceasefire

Ten buses left Sudan for Egypt early yesterday with 500 Nigerians, from where they will be airlifted home by Air Peace.

Passengers were still boarding another 10 buses as of last night.

Two of the first 10 buses took off from El-Razy University, while eight picked up Nigerians from the African International University. Both in Khartoum.

The buses are among the 40 hired by the Federal Government.

The convoy was headed for Luxor and Aswan borders in Egypt.

Chairperson of the Nigerians in Diaspora Commission (NIDCOM), Mrs Abike Dabiri-Erewa, who provided the updates, said 13 fleeing Nigerians have arrived in Ethiopia. 

Some of them, she said, have made personal arrangements to return to the country.

Mrs Dabiri-Erewa also tweeted: “As our students in Sudan queued up orderly to board their buses to Egypt en route to Nigeria, supervised by Nigerian mission officials in Sudan, let’s remember them in our prayers as they journey home. War is a terrible thing.”

The Federal Government said no Nigerian life had been lost so far in the war, adding that some have been evacuated by sea by the Saudi Arabian government.

Minister of Foreign Affairs, Geoffrey Onyeama, and his Minister of State, Zubairu Dada, briefed reporters after the Federal Executive Council (FEC) meeting.

Dada said the government has secured permission from Sudan to evacuate Nigerians.

“The evacuation is being done in batches to ensure the safety of all Nigerians, but the good news is that no Nigerian life has been lost so far. 

“All Nigerians are very safe and we’re very confident and hopeful that we shall not lose any Nigerian life Insha Allah in this exercise. All is well and we’re good to go.

“Some Nigerians have actually been evacuated by ship, I guess from Port Sudan, by the government of Saudi Arabia. 

“Don’t forget, this is a joint effort. We have friendly nations that are ready to assist. From Jeddah, we’ll link up and find a way of bringing them back.”

Onyeama said the Director-General of the National Emergency Management Agency (NEMA), Muhammadu Muhammed, was in Egypt to coordinate the movement.

Onyeama confirmed that FEC approved $1.2 million for the evacuation exercise.

He said the amount will be spent on the hiring of luxury buses.

“We’re being charged $1.2 million for all the 40 buses. Because of the risks involved and so many other things, a lot of people are going to also take advantage.

“We saw that the French convoy was attacked. It was difficult procuring these buses. But we had to do it because lives matter to us.”

Fighting is continuing in parts of Sudan despite a 72-hour ceasefire.

The White House said the ceasefire should be extended to address the humanitarian crisis.

Minister of Aviation Hadi Sirika yesterday insisted that Nigeria Air will begin operation before President Muhammadu Buhari’s tenure ends on May 29.

Sirika, while addressing reporters after the Federal Executive Council (FEC) meeting at the Presidential Villa, assured the people that everything needed to begin operation is in place.

He said: “Nigeria Air Limited. I did say that we will get it going before the end of this administration and I’ve not withdrawn my words. We have everything in place – the aircraft, offices, operational centers, staffing and everything needed is in place. We’re doing the last minute checks and waiting for the issuance of the AOC and it will fly.

“It will fly; it will be for the benefit of this country, for the size of population, the traveling public and what it does to the economy, especially to tourism, to African integration and to the AU Agenda 2063. It’s a very important project and I must do, it will happen before the end of our tenure in the next four weeks and two days.”

Recall that a Federal High Court in Lagos had ordered the Nigeria Civil Aviation Authority (NCAA) not to issue an Air Operator’s Certificate (AOC) to Nigeria Air Limited, following a suit filed by a group of domestic airliners.

The domestic airline operators, under the aegis of the Airline Operators of Nigeria (AON), challenged the equity structure of the airline which cedes 49 per cent stake to Ethiopian Airlines, and the Federal Government having only 5 per cent while the remaining 46 per cent is for Nigerian investors.

On the recent strike embarked by aviation workers, Sirika said: “So the aviation workers are striking principally for three reasons – the conditions of service for the agencies; minimum wage implementation and demolition of the headquarters of FAAN in Lagos. 

“Condition of service is not in our hands, it’s in the Salaries and Income Wages. I, personally as the minister, went there with the union three times to fast track that process. So that’s being looked at by the appropriate authority and I think they are fast tracking it. 

“On the implementation of the minimum wage, the Accountant General’s Office, Ministry of Finance and the agency concerned are working hard to ensure that that happens. And on the demolition of the FAAN headquarters to erect offices, shopping malls and make it what you see when you travel abroad. That is also ongoing. If you ask me to make you an omelet, you can’t complain that I’m breaking your egg; that’s a quote from one of the Managing Directors of FAAN, which I think has been overhyped, taken out of context.

“Certainly, the FAAN building was there, even before Lai Mohammed joined FAAN. So it was a transit camp for the people that built the airport, it’s made out of wood and some panels as a makeshift office, and this is what FAAN has been using on a very prime property and it’s not befitting for the FAAN Lagos office, it’s a waste of space, even catching fire twice, once during our administration so we thought that that place should leave so that we can erect offices, shopping malls, cinemas, and the rest of it.

“Airports are no longer places where you take over land. You all go to Dubai, you all go to other places and see how they are, so certainly and definitely, government would remove those wood structures and build aerotropolis components befitting of Nigeria and Lagos.”