Category: Niger Delta

  • Jamila Ibrahim is new national leader of PYWF

    Jamila Ibrahim is new national leader of PYWF

    Jamila Bio Ibrahim, a medical doctor, astute politician and development practitioner, is the President of the Progressive Young Women Forum (PYWF).

    The PYWF is a diverse network of young female peers between the ages of 18 and 40 driven by the primary objective of causing progressive changes to the status quo in politics, business and society.

    The acting National Publicity Secretary PYWF, Theresa Tekenah, in a statement, explained the new President will be serving in acting capacity with other newly-appointed national executives of the forum.

    She is replacing Osamaye Seun Bosede who recently resigned the position.

    Other newly-appointed excos include Iwagun Temitope as Acting Vice President; Patience Charles Kwache as Acting National Secretary; Barr Faith Obasuyi as Acting Legal Adviser; Maryam Gwarzo as Acting Contact and Mobilization Officer, and Mary Azaki as Acting Treasurer.

    Read Also: Women’s leader advises youths to mobilise 

    Stella Enyi will continue to serve as Acting National Organizing Secretary, and Hajiya Fatima Sani as Acting National Welfare Secretary.

    In her congratulatory message to the new national executives, the founder/BOT Chairman of the PYWF, Stella Okotete, urged continued fidelity to the vision of the forum. 

    This includes the provision of mentorship and leadership experience to young women to facilitate their personal elevation across different sectors and increase women-driven changes in the world.

    She commended the bold steps taken by the Exco and Members of PYWF in repositioning the forum for effective leadership and efficiency, while encouraging the BOT members and the six regional advisers to take further steps in repositioning the forum in alignment with its core principles and for necessary improvements in activities and programs.

    “We will support you to be the voice of young women in Nigeria, Africa and the world,” she assured.

    The acting President Dr. Jamila Bio Ibrahim is a public servant of note and a top advocate of the United Nations Global Goals (SDGs). She served as the Senior Special Assistant to the Governor of Kwara State on Sustainable Development Goals (SDGs).

    She has also served in various capacities as a serial humanitarian volunteer, including serving in the northeast region of Nigeria on the platform of The Presidential Committee on the NorthEast initiative (PCNI). There, she joined efforts to provide support to the vulnerable and internally displaced persons in the region.

    Jamila is a dedicated woman and youth advocate who believes strongly in the emancipation of women and youth in the society for socio-economic development of their communities and country at large, through active participation in socio-political activities.

  • Failed power projects spark social vices in Niger Delta communities

    Failed power projects spark social vices in Niger Delta communities

    • Idle youths rob, rape young girls searching for where to charge phones at night
    • Economic activities grounded as affected people flee communities

    Social vices are on the increase in many Niger Delta communities following the absence of power supply, which has caused many able bodied youths in the affected areas to lose their means of livelihood. Kaani, Bara-ama and Ayetoro in Rivers, Bayelsa and Ondo states respectively are some of the affected communities. Different kinds of power project contracts have been awarded in some of the communities but ended up not done at all or partially executed and abandoned. Idle youths hiding under the cover of darkness have resorted to unleashing terror on innocent people, especially young girls who are raped and left to nurse their wounds, INNOCENT DURU reports.

    Kaani, a suburb of Khaana Local Government Area in oil-rich Rivers State, is fast becoming a land of jobless people, especially the youth,  following the absence of power supply in the community. Since the community came into existence till date, the people have never enjoyed electricity.

    The ugly development,  according to findings, has forced many inhabitants whose vocations are power-dependent to close shops. The ugly trend, it was learnt, has thrown up an army hoodlums who take joy in unleashing terror on the  people, especially young girls who are raped and inflicted with injuries.

      “There has never been power supply here in Kaani. We have never even seen electricity cable before,” a youth leader, Mbani Friday Barilule, said in a voice laced with anger.

    Where there is no light, he said, “it is difficult for you to send your daughter to buy something after sunset. 

    “But in a rural environment like ours, we don’t have an option because if you don’t send your daughter, who are you going to send to help you get one thing or the other?

    The youth leader regretted that many young girls have been sexually abused by idle young men that absence of power supply in the area has continued to breed.

    He said: “There have been rising incidents of rape in the community. I have personally taken some survivors to the hospital. I have also taken some cases to the police station.

    “I can vividly recall three of such cases. One of them involved a little girl who was asked by her mother to help her buy something from a provision store. The owner of the shop asked her to come inside and started dipping his finger into her private parts.

    “The girl was a friend to the man’s granddaughter. The old man later asked one of his sons to go and give drugs to the girl.

    “The family took the  girl aged between 11 and 12 years to a chemist for an injection, and that was where I came in. The girl was not sick, so why give her an injection and what kind of injection are you people giving to her in the absence of her parents?

    “I went to Bori Police Station to lodge a complaint and the DPO  kindly gave me two vans to arrest the man. 

    “The second one was a clear case of  rape on a girl in the evening. It is difficult to see young girls move around in the evenings except the ones that are not under their parents’ control.

    “The ones that are not under parental control are prone to  being sexually abused and they often have nobody to speak for them.

    “For many people in the community, rape has become a norm.

    “When I took the old man to the police station, the family was asking me if he was the only one that had done such in the community.

    “Their reaction made me  to feel that the trend has become a normal thing in the area.”

    Our findings showed that the embattled community had had its hope raised a number of times about the area being electrified, but none has materialised.

    One of such occasions was during the  military regime of Gen. Ibrahim Babangida (rtd). The government had raised the hope of the people of Kaani when the then Directorate of Food and Rural Infrastructure (DFFRI), mounted electric poles in the community to provide power for the people. The project was later abandoned, dashing the hope of the people.

    In 2017, the immediate past governor of Rivers State,  Nyesom Wike, during the celebration of the state’s  Golden Jubilee, had vowed that his administration would embark on an aggressive rural electrification scheme in a bid to revive the rural economy.

    Then, Wike, through his Chief of Staff Chukwuemeka Woke, had said that the state government believed that rural electrification was key to stimulating the economies of the rural communities. He revealed that the state government had set up a high-powered committee to interface with a major independent power producer to electrify key areas and facilities in the state so as to ensure uninterrupted power supply to major businesses and government facilities. Many  years down the line, and till he left office,  nothing has changed about the plight of Kaani people.

    Our correspondent stumbled on a document directing the Niger Delta Development Commission to carry out power projects in Kaani 1 and 2. The project, said to worth about N248,365,200 was scheduled to be executed in 2021, but nothing of such has taken place, thus increasing criminal activities and forcing many people to leave the community.

    A member of Kaani community, who gave his name simply as Freedom, said he heard about the NDDC project and some others but it all ended as a talk show.

    Freedom said: “We don’t know anything called power supply except you have a generator in your house.

    “There was a time the former chairman promised to give us electricity, but that was not done before he left.

    “I also heard of a power contract by the NDDC, but nothing came out of it.”

    Lamenting how the situation in the area has affected him, he said: “I do need power supply for my work.

    “I do mobile computer services and I need power to do this. Now all the money we make goes into running and maintaining power generator.

    “People without power cannot function.”

    He also corroborated Mbari’s remark about incidents of rape in the community, saying:

    “Some of the girls are raped while going to charge phones in somebody’s house. Some of them are attacked and have their phones stolen by the bad boys while returning from where they had gone to charge them.

    Also decrying their plight, Bari, another member of the community, said he was one of the people badly hit by the absence of power supply in the area.

    “I need power supply badly for my business but there is no power supply in the community till now.  Darkness pervades everywhere once it is night. It is only God that can help us.

    “Some people have left the community  because of the challenges of power supply and attacks by hoodlums,” he said.

    On the incidence of rape, he said:

    “I wish you could use your eyes to see the implications of absence of power supply in the area. There have been cases of rape and violent attacks. I can point to about four persons that I know to have been raped and their cases are  with the police.”

    He noted that “the guys perpetrating this evil see it as a way of life. There is a way you will say something about the ugly development and they will come for you.

    “One of the guys that used to lead the gang of rapists was killed recently but there are other ones still involved in the criminal act.

    “The hoodlums went to a church and whisked a girl away. They may not kill her but they will rape her and collect her valuables. 

    “This is a community where you cannot see someone walking ahead of you. If there is solar power, you would see somebody afar and know what is happening.”

    He added that  rape survivors are inflicted with injuries but “they incidentally are not taken to the hospital to check if they have diseases. Some of the parents don’t have the means and/or not knowledgeable about it.  They will just give home treatment to the girl and that will be all.

    “Every parent in the community has warned their daughters against moving about aimlessly.

    “I have a grown up daughter but I will never send  her out  once it is 5pm except I will go with her. If she drops our phone where we used to charge it, it is the next day that she will go and pick it. It is that bad.

    The monarch of the community, according to Bari, has tried his best to tackle the problem “but the people involved are always looking for ways of attacking him instead of desisting from the ungodly act.

    People in other communities have power supply or street solar light but we don’t have any.  If you spend a night in this place, you will better understand what I am telling you.”

    Why we are still in darkness -Kaaani Youth leader  

    Mbani Friday blamed the absence of power supply in the community on the inability of  Kaani to have a representative at any level of government in the state. 

    His words: “We don’t have people in government, and you know the system in Nigeria. If your community people are not in government, you will find it difficult to get even the presence of the local government in your community, not to talk of that of the state or federal government.

    “When someone is in power from a community, they say this is our time  and our turn, and by so doing, attract projects  to their community.   

    “This will tell you indirectly that since the creation of Kaani the indigenes have never gone close to power.”

    Ondo community wallows in darkness

    The inhabitants of Ayetoro community in Ondo State have also not had electricity supply from the government in spite of the huge revenue the country generates  from exploiting crude oil from the state.

    Findings revealed that the only power supply enjoyed by the community was the one they got through communal efforts. Unfortunately for them, the challenge of sea surge ravaging the area has destroyed the project.

    Going down memory lane, a member of the community, Emmanuel Aralu, said: “The challenge of power supply has been from inception. From 1947, we have not had power supply from the government. The power we enjoyed was from our communal efforts.

    “After Lagos and Ibadan, Ayetoro was another place in the Western Nigeria where people enjoyed power supply 24 hours a day.

    “We started using  our independent power supply since 1953 or 54. The engine was bought from Western Germany and people used to contribute money to buy diesel to power it.

    “Unfortunately for us, the ocean surge ravaging the community has damaged the power plant. All the engines have turned into scrap as a result of recurrent sea surge.”

    Emmanuel said the community had just acquired solar power to light up major streets where people move around at night.

    “This cost us a lot of money to fix,” he said.

    Apart from those who have money to buy generators, other people in the community don’t have power supply.

    “A society where there is no power supply is automatically an underdeveloped place,” Aralu said, adding: “We have engineers  and artisans who need  electricity to carry out their jobs on a daily basis in order to earn a living, but that is not possible.

    “There are hordes of business people who depend on power to sell their goods but can’t do so because of the situation at hand. 

    “Bars and restaurants depend on fuel to make their drinks cold. This makes the  price at which they will sell to be higher.

    “Women in the community can no longer go into frozen food business, which some of them were using to support their families in the past.

    “It is very difficult at this point to run such a business with generator because of the rise in fuel price.”  

    Aralu noted that now that petrol price has gone up, some people cannot afford to buy it every day to run their businesses.

    Personally, he said: “Absence of power supply has also affected my work.  People come to have their haircut at night, and if there is no power supply I can’t work. Now that there is a hike in the pump price of PMS, it becomes economically killing for us to switch on generator from 7:30 pm till 10 or 11pm  when we are not sure that customers will come.”

    Also lamenting their predicament, the Public Relations Officer of Ayetoro Community Youth Congress, Comrade Omoyele Akingboye, spoke in a tone that reverberated with pain. 

    “We have never had power supply from the government but we have always had independent power supply that was put in place on August 11, 1953,” he said, corroborating Aralu.

    “When we started generating power in 1953, Mr J Mellanby came for its inauguration when he heard about it on August 24, 1953. But the power house has been destroyed by the ravaging sea surge. 

    “As it stands now, the engines that were bought by the community for the purpose of power generation have become detonated because we have not used them in the past 30 years.

    “Now, our people individually source their power supply which is through generating set.

    “The economy of our community has been adversely affected because there is no power supply.

    “Some individuals whose businesses require power have gone all out to buy engines and power it by themselves. Some who cannot afford engines are using solar powered light now.

    “Some who have no financial wherewithal have diverted to other business to earn a living and cater for their families.”

    Worried by the security challenges that may crop up as a result of the community being in darkness, Akingboye said: “We sold the detonated engines that we have not used for the past 30 years as scrap. The money realised from it was used to do solar street light for places that have not been ravaged by sea surge.

    “The absence of power supply has security implications for our community, and that  is why money realised from the engines that were sold was used to provide streetlights to ensure criminal activities are not perpetrated at night.  Criminal activities at night in Ayetoro are minimal. There is no place where there is no crime, but we believe that God resides where there is light.”

     NDDC solar light projects vanish in Ayetoro

    A multi-million naira solar light projects meant to save the embattled community from darkness was said to have all disappeared.

    Speaking on the project, Aralu said: “The NDDC project was done about a decade ago. It was to be done in phases. 

    “At one point they brought two lights, at another time they brought three and so on. We really didn’t have it brought at once for us to enjoy it.

    “The project was abandoned and as good as a waste of money. Most of those things they did have been destroyed by ocean surge.”

    Bara-mam community in Bayelsa enveloped by darkness

    In 2000, a former  governor of Bayelsa State, the late Chief Diepreye Alamieyeseigha, promised to supply the local government areas in the state with pipe borne water and electricity before July, 2001.

    The promise ended up as a political statement. Many communities in the state are said to lack power supply 23 years after the late former governor made the promise.

    Bara-ama community in Brass Local Government Area is one of the communities wallowing in darkness. For the community’s residents, nightfall comes with sorrow as they are always living in darkness.

    “They rely on the moon to move about at night and use anything light they can afford to see in their houses.”

    The  Community Development Secretary, Jeremiah Johnbull, in a chat with our correspondent, said: “We have never had electricity in our community. We don’t have wire and we have never had poles.

    “Those who have money buy fuel to power their generators while those who have no money remain in darkness. 

    “We have approached different  non-governmental organisations and government authorities to give power supply but all is to no avail.”

    The economy of the community, according to him, has also been badly affected.

    “People who had cold rooms have abandoned them because there is no light. Many of the people have left the community,” he said. 

    NDDC  declined comment when our correspondent sought the commission’s remark on the plight of the above communities.

    NDDC Chair, MD fight dirty at Senate over alleged corruption

    The Niger Delta Development Commission (NDDC) is saddled with the responsibility of offering lasting solution to the socio-economic difficulties in the region and to facilitate the rapid  and sustainable development of the area into a region that is economically prosperous, socially stable  ecologically regenerative and politically peaceful.

    Laudable as the mission of the commission is, it has been found to have been deeply enmeshed in corruption over the years. Monies meant to provide basic amenities for the embattled citizens who suffer grievously for oil exploration in their communities end up in private pockets. 

    About N6 trillion was allegedly misappropriated in the running of the NDDC between 2001and 2019. A former minister of Niger Delta Affairs, Godwill Akpabio, while presenting a forensic audit report on the commission, said over 13,000 projects were abandoned in the region. 

    Last month (May), the Managing Director of the Niger Delta Development Commission (NDDC) Samuel Ogbuku, and the Chairman of the Board, Lauretta Onochie, fought dirty as they accused each other of corrupt practices.

    Ogbuku and Onochie engaged in the sordid exchanges during an investigative hearing by the Senate Committee on unauthorised spending of the 2021 and 2022 budget of the agency without National Assembly’s approval.

    The managing director was represented at the session by the Executive Director in charge of Finance and Administration, Charles Airhiavere, while Onochie appeared in person.

    Airhiavere accused Onochie of overstepping her bounds by desperately seeking to be a signatory to NDDC’s accounts.

    He alleged that Onochie even wrote a letter to the Accountant-General of the Federation seeking to be made a signatory to the agency’s accounts.

    Onochie, however, said the decision for her to be a signatory to the accounts was taken by the board at one of its meetings, adding that it was not a personal decision.

    She said the request for change of signatory was rejected because the Central Bank of Nigeria (CBN) directed the managing director to ensure that her confirmation was sought in every financial transaction.

    “The CBN said I should be the confirming authority but they didn’t come back to me. That is why they have been operating the way they like,” Onochie said.

    Onochie, however, accused the managing director and the entire management of running the commission in breach of financial regulations.

    She alleged that the NDDC management currently operates a total of 367 accounts against the dictates of the Treasury Single Accounts (TSA) policy of the Federal Government.

    According to Onochie, all these accounts are in foreign exchange (FOREX).

    The managing director denied the existence of 367 accounts in the agency but admitted that it operates only four.

    Onochie also informed the Senate that since the board assumed office in January 2023, it had not enjoyed the cooperation of the management of the NDDC.

    She alleged the managing director had been frustrating attempts to hold board meetings where necessary decisions ought to be taken.

    This allegation was rejected by the managing director who said the main problem arose from what he called “trust deficit” between the board and the management.

    Airhiavere also said that the board never gave sufficient notice of any board meeting as required by law.

    Onochie further informed the Senate Committee that part of the abuse of financial regulations displayed by the Ogbuku-led management was the increase of the monthly imprest for the managing director from N4 billion to N10 billion.

    The Senate Committee led by Senator Yusuf Yusuf (APC, Taraba Central) expressed shock at the disclosures made by the board and the management of the NDDC.

  • Teenager needs N1.8m for jaw cancer surgery

    Teenager needs N1.8m for jaw cancer surgery

    Fourteen-year-old Reuben Azazi needs about N1.8 million to undergo medical surgery for Burkitt Lymphoma, also known as aggressive cancer on his jaw.

    The family called on the public to come to the rescue of their son’s life.

    Ashanti Bekewei, the younger sister to the teenager’s late mother from the Ogbinbiri community in Bayelsa State, decried her nephew’s state, according to a statement by a non-governmental organisation, Gifting Volunteer Network and signed by Belele David Tamarau-Kuro

    She lamented: “I am appealing for financial assistance for 14-year-old Ruben. He has a purpose in life. He has a dream in life.”

    Ruben, the third child of his late mother who died five years ago, was admitted on March 23rd 2023 at the Federal Medical Centre FMC with a bilateral jaw cancer.

    She added: “His family, his father, cannot afford the bill. We don’t have the financial strength to take care of the bill. And he has been lying in that bed in pain. We are helpless.

    “Please, we are appealing to all well-meaning Nigerians to save Reuben’s life. He is an intelligent and smart boy who dreams of becoming an Engineer, help us save him.”

    “We have implored necessary means to save his life but seems abortive. We’re left with a public appeal to save him

    Kindly make all donations to:

    Account Name: Reuben Azazi
    Account Number: 2303391106
    Bank name: UBA

  • Niger Delta leaders lack political will to develop region, say stakeholders

    Niger Delta leaders lack political will to develop region, say stakeholders

    Stakeholders from different walks of life have accused Niger Delta leaders of lacking the political will to develop the region.

    They lamented that Niger Delta leaders had refused to pursue the region’s developmental blueprint and to actualise their promises for the region.

    They spoke at a Town Hall meeting tagged, “Niger Delta Regional Peace Building Strategy Implementation,” organized in Port Harcourt, Rivers State by the PIND Foundation in collaboration with the Ministry of Niger Delta Affair.

    Some of the participants also decried poor governance structure, unemployment and nepotism in the region saying there would be no development until the respective state governments adopted a model unque to the Niger Delta marine terrain.

    Read Also: ‘Why Niger Delta can’t be developed’

    The Programme Director of PIND Foundation, David Udofia, in his address emphasised the need to design and develop a Niger Delta Regional Peacebuilding Strategy document.

    Udofia said the objective of the town hall meeting was to create a framework for continuous multi-stakeholders’ engagement and support the state governments in establishing a regional security outfit tailored to the region’s unique environment.

    He said the outcome of the meeting would serve as a home-grown solutions and guide to the various forms of violent conflicts in a proactive, engaging, consultative, and inclusive manner.

    He said: “The strategic document will provide the framework for the implementation of a Regional Peacebuilding apparatus. It also seeks the technical support of various partners, who are vested in promoting peace in the Niger Delta region and beyond.

    “Historical tensions and a proliferation of armed groups (militant, criminal, and ethno-sectarian) contribute to the changing conflict and security dynamics in the Niger Delta region.

    “While current conflict mitigation approaches show some results in the short term, they seldom focus on the conflict drivers nor are they prefaced with conflict analysis which is often a precursor to effective conflict management.

    “The effect is that too often the conflict situation rears its head again resulting in deaths and destruction of properties, and the suppression of economic growth in the region.

    “Any initiative aimed at addressing conflict should necessarily adopt an approach that views the issue from both a security and a peacebuilding perspective.”

    In their recommendations, participants pushed for an harmonised and sustainable implementation of integrated regional master plan.


    END.

  • Ologbotsere dispute: Consult widely before decisions’ – Okotie-Eboh tells Oporokun

    Ologbotsere dispute: Consult widely before decisions’ – Okotie-Eboh tells Oporokun

    • Warns against unilateral press releases/statements

    A former Regent of Warri Kingdom in Delta State, Prince Emmanue Okotie-Eboh, has advised the Olori-ebi (family head) of the Ologbotsere Descendants of the kingdom, against taking unilateral decisions on matters that affect the kingdom.

    Speaking with newsmen at the weekend, Okotie-Eboh, a scion of notable first republic Finance Minister, the late Chief Festus Okotie-Eboh, noted that before taking decisions Olori-ebis must ensure adequate consultations with relevant stakeholders to avoid actions capable of casting the kingdom in a bad light.
    He described the prevailing situation, where a few members of the family try to impose their decisions on the entire family, as uncalled for, and capable of causing multi-facet tussles.
    Okotie-Eboh, a member of the Ginuwa Ruling House, said, “There must be a general meeting and consultation, there must be deliberations and agreement, by the majority of stakeholders before anything is made public.”
    “Any decisions reached, and public statements made without such crucial stakeholders meeting will be null and void, as it did not emanate from the collective decisions of the family, but by a few persons with vested interest aimed at personal aggrandizement and selfishness to shortchange the larger family.”
    Prince Okotie-Eboh, while affirming that his age, position, and ancestry earn him the right of a significant stakeholder in the Ologbotsere Descendants, urged all stakeholders to put communal interests above their considerations when issues concerning the Itsekiri nationality are discussed.
    “I have participated thoroughly in Nigeria politics and am deeply knowledgeable in all the actions of my late father, Chief Festus Okotie-Eboh in Itsekiri matters and the development of Iwereland, and as such nobody can question my pedigree.”
    “This is why I appeal to the Olori-ebi of the Ologbotsere Descendants, PA. Oporokun to consult widely because holding ‘Ologbotsere Descendants meeting’ with just a handful of persons with selfish interests and thinking the decisions will be binding on all and sundry is not acceptable to Ologbotsere Descendants.
    He, therefore, appealed to Pa. Oporokun to call for a consultative meeting with all relevant stakeholders at a neutral venue for general debate and agreement on all issues affecting the family urgently to get a consensus agreement before any information is fed to the public.
    “The Olu of Warri, HM Ogiame Atuwatse III, is the sole and supreme authority in all Itsekiri matters”, he emphasized.

  • Sonaiya urges Govs to nominate women for ministerial appointments

    Sonaiya urges Govs to nominate women for ministerial appointments

    Responsibility for ministerial appointments lies not only with President-elect H.E Asiwaju Bola Ahmed Tinubu but also with the Governors of respective All Progressives Congress (APC) states, who are putting forward names for nomination. I appeal to all APC state governors to nominate at least one woman among the three names they send to the incoming administration for ministerial appointments. One female nomination per three nominees by governors, APC chairmen and leadership in non-APC states would translate to approximately 35% in accordance with the affirmative action and bridge the vacuum created in 2023 elective positions.

    Competent and capable women politicians and female technocrats hail from all Nigerian states and every man and woman should play a part in rebuilding the socio-economic fabric of our beloved country. While our men are great nation builders, they require the support and input of women. Only when men and women lead together can Nigeria progress.

    Nigerian women’s groups are maintaining a strong alliance in advocating for an increase in female representation in governance at all levels. Women Advocates Research and Documentation Center is coordinating women representatives of each state to present the Nigerian Women Charter of Demand to the government of each state.  Additionally, League of Women Voters of Nigeria, 100 Women Lobby Groups and Women in Politics Forum members in each of the 36 states will visit governors to lobby for state nomination of women for ministerial and commissioner appointments. Nigerian Women Trust Fund is holding a strategic briefing with 9th Assembly female legislators on the 35% affirmative action judgment to demand more appointments of women with the incoming administration.

    Despite increased lobbying and advocacy for gender balance and female inclusion in politics in the last three years, the just-concluded 2023 elections saw the lowest and most demoralising percentage of elected women senators and House of Representatives, with only three and fourteen, respectively. The 9th National Assembly rejected the passage of the five gender bills, failing Nigerian women. Nigerian women are hopeful that the 10th National Assembly will pass the bills for Nigeria’s development.

    Political parties must revisit their manifestos and match their words with actions in terms of female recognition within the party, as marginalization against women in elective positions arises internally.

    I hope that our amiable governors will raise the stakes of our polity for the sake of the great Republic of Nigeria and that the incoming administration will both uphold the demands of women as promised and write its name in the books of Nigerian history in good standing.

    Toun Okewale Sonaiya is the Chief Executive Officer of Women Radio 91.7.

  • ‘Why Orji Kalu shouldn’t be Senate President’

    ‘Why Orji Kalu shouldn’t be Senate President’

    A chieftain of the All Progressives Congress (APC) in Anambra state, Engr. Aniefuna Ugochukwu has asked Nigerians to reject Senator Orji Uzor Kalu, ambition for the senate presidency..

    Ugochukwu said former Abia Governor was unfit to occupy the number one seat at the Red Chamber of the National Assembly because of his selfish brand of politics.

    The party stalwart spoke in Agulu when he hosted a dinner for party faithful from his Council area for their roles in ensuring the party’s victory at the presidential election.

    He, however, pledged total support for former Akwa Ibom Governor, Senator Godswill Akpabio, for position of Senate President, urging Southeast to shun parochial ethnic considerations and support Akpabio to emerge next Senate president.

    He said: “Orji Uzor Kalu has been in politics for twenty years, yet he has not impacted positively on the lives of his immediate constituency, Abia state, the South East, and Nigeria at large.

    “Kalu is the exact opposite of Akpabio, who is globally known for turning boys to men. Akpabio is a political mentor and benefactor to all and sundry.

    “He is a unifier, a detribalised Nigerian who has built bridges of love, development and unity not just in his state, Akwa lbom but across the country.

    “Akpabio as Senate President will give our incoming President Asiwaju Bola Tinubu the needed Cooperation and support to move this country forward.

    “His track records as Akwa lbom governor between 2007 and 2015 are still green in the memory of his people and Nigerians. He has acquitted himself in leadership, so I am rooting for Akpabio.

    ‘Akpabio is a strong pillar of strength for the APC. He campaigned the length and breadth of Akwa Ibom North West Senatorial District and came out victorious in one of the hardest fought senatorial contest in the recent political history of Akwa Ibom State.

    “He achieved this feat barely two months back in a scenario which enabled the APC for the first time to garner more than the required 25% national votes spread from Akwa Ibom State.”

  • Deltans in UK, Europe support Omo-Agege’s quest to retrieve ‘stolen’ mandate

    Deltans in UK, Europe support Omo-Agege’s quest to retrieve ‘stolen’ mandate

    Deltans professionals in the United Kingdom and Europe have thrllown their weight behind moves by the Deputy Senate President and the All Progressives Congress, APC governorship candidate in Delta state, Obarisi Ovie Omo-Agege to retrieve the mandate given to him during the March 18th governorship election in the State.

    The group also cautioned the fifth columnist in the Delta APC allegedly sponsored by the ruling PDP in the state to distract Omo-Agege ahead of the court case to retrace their steps and should not stand against the wheel of progress in Delta State.

    This was contained in a statement by Convener of the group, Mr Lucky Gbenedio after a wide consultation with critical Delta State stakeholders in Uk and Europe,

    The group, which supported Omo-Agege’s governorship aspiration, frowned at the result declared by the Independent National Electoral Commission and urged Omo-Agege not to sleep on his right and ensure that he reclaims the mandate given to him by Deltans.

    They noted that against the expectation of the vast majority of Deltans who turned out enmass to cast their votes for Senator Ovie Omo-Agege, the result so declared by INEC fails shorts of Deltans desires as expressed at the poll hence Omo-Agege must employ the service of legal eggheads to retrieve the mandate of the people entrusted oh him.

    “We Deltans Professionals in UK and Europe wish to condemn the outcome of March 18, 2023, governorship elections in Delta State, which from every available report and indices fails short of the expressed will of Deltans as their democratic rights were subverted by some bad eggs in INEC in collaboration with PDP and its agents.

    “The election was not only characterized by massive vote buying but outright falsifications of figures, bypassing of BIVAS for accreditation and other irregularity, which we believe will not stand judicial scrutiny, hence we are supporting the move by Senator Omo-Agege to retrieve his mandate.

    “We also find it appalling that the ruling party in the state have recruited some fifth columnist in Delta APC to frustrate the noble and collective quest of Deltans of goodwill to sack PDP in the state and end their 24 years of misrule and gross misapplication of the state resources.

    “So, we, therefore, warn them to retrace their steps and join the quest by Senator Ovie Omo-Agege to rebuild a new Delta. Even as we called on Deltans from all walks of life to rally round Omo-Agege in the task of recovering his mandate in order to reset Delta State on the path of progress and development.

  • Don’t drag our brother’s name into politics, late Chuba Keshi’s family tells Lauretta Onochie

    Don’t drag our brother’s name into politics, late Chuba Keshi’s family tells Lauretta Onochie

    The family of the Late Dr Chuba Keshi an aide to the Deputy President of the Senate, has cautioned the Chairman of the Niger Delta Development Commission (NDDC) Ms Lauretta Onochie not to drag their late brother’s name into politics.

    They also urged Onochie to allow their dead brother rest peacefully, noting that the use of his name to settle a political score with Senator Ovie Omo-Agege is not only distasteful but in bad faith. 

    Onochie had inferred in a media chat that the late Dr Chuba Keshi died due to lack of care and his inability to foot his medical treatment.

    However, Dr Chuba Keshi’s family in reaction to Onochie’s the remark in a statement by Dr Onochie Keshi MD, said that the family find it offensive that the unfortunate incident of the death of their brother was dragged into any political brawl with the Deputy Senate President.

    While urging Onochie to allow the family to mourn their brother with dignity and in peace, notes that they were taken aback and outraged by the disappointing outburst of Ms Onochie on the death of late Dr Chuba Keshi.

    According to the family: “Our attention has just been drawn to a statement credited to one MS Lauretta Onochie on the death of our brother, Dr Chuba Keshi. We consider the use of his name for political purposes to be in bad faith. 

    “We are outraged by the disappointing outburst of Ms Onochie on the death of our brother, Dr Chuba Keshi, for political scores.

    “To set the records straight,  our brother took ill suddenly, drove himself to the closest clinic to his home in Abuja and died before help could get to him.

    “We, therefore, find it offensive and in bad faith to drag this unfortunate incident into any political brawl with the Deputy Senate President.

    “We also find it appalling that the post suggested that our brother died because he had no money to pay for medical care due to perceived maltreatment from his boss the Deputy Senate President. 

    “To the best of our knowledge, Dr Chuba Keshi worked amicably and closely as an important resource person and speechwriter to the Deputy Senate President.”

    The Keshi family also warned Onochie to desist from using their brother as a “political pawn and allow him to rest in perfect peace.” 

    While berating Onochie over her media outbursts and what he termed bad politics, the family added: “We are, therefore, appalled at your recent unimaginable and obvious effort to politicise our grief.” 

    A close associate of the late Dr Keshi said that although Onochie hails from the same Onicha Olona in Delta State, he is aware that she was not in good standing with Chuba before he passed to glory. 

    “Dr Keshi has had no interactions with her whatsoever, save for an interesting exchange he had with her on his appointment as a Senior Special Assistant to the Deputy President. of the Senate, His Excellency,  Senator Ovie Omo-Agege where she condescendingly responded, that he had not earned the appointment since he was not a card-carrying member of the All Progressives Congress, APC, instead of congratulating him.  

    “Ever since then, there has been no interaction between both of them. It may also interest Ms Onochie to note that Dr Keshi was a staff of the National Assembly and was duly paid as at when due by the National Assembly, and not the Deputy President of the Senate who graciously allowed him to serve his country.”

    He further charged Onochie to choose another object of her fantasy to use to pursue her ill-timed and vindictive political war and allow the gentle soul of his bosom friend to rest and the family to mourn their loss peacefully.

  • Dissecting Obi’s appeal against Tinubu’s victory

    Dissecting Obi’s appeal against Tinubu’s victory

    By Washington Osa Osifo, PhD

    1.1 INTRODUCTION

    In the aftermath of the declaration and return of Bola Ahmed Tinubu of the All Progressives Congress (APC) as the winner of the 25th February 2023 Presidential election, the candidate of the Labour Party –Mr. Peter Obi and his party filed an election petition, challenging same. This is done weeks after the media frenzy and drama orchestrated by him and his supporters over the outcome of the said election. There were bitter complaints and allegations of massive rigging of the election and the denial of his victory by the Independent National Electoral Commission (INEC). They claimed that they won the election but for the failure/refusal of INEC to upload/transmit the results of the election from the polling units and collation centers , real time to its IREV Portal as promised, the results of the election were ab initio “compromised” and “doctored” to favour the APC candidate.

    However, a cursory appraisal of the grounds and reliefs of the election petition they filed reveals clearly that they have moved away from the narrative that they won the election but have now shifted their focus to other grounds and are now seeking a cancellation of the election and the nullification of the result declared by INEC.

    1.2 THE GROUNDS OF THE PETITION

    In the petition filed on the 20th of March 2023, the petitioners raised 3 (three) grounds as follows:

    (1) That Bola Ahmed Tinubu was at the time of the election not qualified to contest the election.

    (ii) That the election of BAT was invalid by reason of corrupt practices or non-compliance with the provisions of the Electoral Act 2022.

    (iii) That BAT was not duly elected by the majority of lawful votes cast at the election.

    In the particulars of the grounds of the petition, the petitioners supplied these facts in support of each grounds:

    (a) Non-Qualification:

    In support of this ground, the petitioners alleged that BAT was not qualified to contest the said election because, firstly, he was purportedly convicted and sentenced in October 1993 to a penalty of a fine of $460,000.00k (Four Hundred and Sixty Thousand Dollars) for an offence involving dishonesty, namely narcotics trafficking by a Court in the United States. In support of this leg of this ground, the petitioners pleaded the following documents:

    (1) Verified Complaint for Forfeiture submitted to the Court the Attorneys and Court Officials at the material time.

    (2) Stipulations and Compromise Settlements of Claims to the Funds held by Heritage Bank and CitiBank.

    (3) Decree of forfeiture as to funds held by First Heritage Bank signed by the issuing Judge at that material time.

    The petitioners concluded that on the basis of the doctrine of “wasted votes” , if the tribunal pronounces that BAT is disqualified, the petitioners who would have supposedly established before the tribunal that they had the requisite votes would be declared the winner of the said election.

    On the second leg, the petitioners contend that the Vice-Presidential candidate of the APC at the said election –Senator …was guilty of “double nomination” by his party , because at the time he filed the requisite INEC forms to contest as the Vice-Presidential candidate, he was still listed with INEC as a Senatorial Candidate for Borno Central Senatorial District of Borno State for the same election

    1.3 ANALYSIS OF THE GROUND OF NON-QUALIFICATION.

    Clearly, this ground of the petition, especially the particulars in support thereof are bereft of material facts and are not supported by law and even logic. They are frivolous, watery and unsustainable in the petition. Firstly , in dealing with the alleged non-qualification of BAT. It is clear that he was eminently qualified to contest the said election , having satisfied the criteria set out in section 131(a) – (d) of the Constitution of the Federal Republic of Nigeria, 1999 (As amended). Furthermore, it is crystal clear that BAT does not suffer from any of the disqualifying factors as indicated in section 137 of the Constitution.

    Although, the petitioners did not specifically plead the specific ground of disqualification they are referencing the forfeiture order of the US Court, it is inferable that they are anchoring same on section 137 (1 (d) and (e). For the sake of clarity, these sub-sections are set out as follows:

    Section 137: “ A person shall not be qualified for election into the office of the President if:

    (d)he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for an offence involving dishonesty or fraud (by whatever name called) or for any other offence imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal
    Or
    (e) Within a period of less than ten years before the date of the election to the office of the President he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of contravention of the Code of Conduct.

    From the tenor of these sub-sections, it can be surmised that before a person aspiring for the office of the President can be disqualified on this sub-ground, the following elements must be present:

    (i) There must be a criminal proceedings involved.

    (ii) There must be an indictment by a court or tribunal of competent jurisdiction.

    (iii) The court or tribunal must be one domiciled in Nigeria.

    (iv) The criminal proceedings must culminate in the conviction and sentence of the person.

    (v) The sentence could include a term of imprisonment or a monetary fine.

    (vi) In the case of convictions and sentence in respect of dishonesty, fraud or a contravention of the Code of Conduct, the conviction and sentence must not be more than ten years pre-dating the date of the election.

    1.4 THE US COURT FORFIETURE ORDER IN FOCUS

    Accordingly, having regards to these elements listed above, it is now pertinent to examine the US Circuit Court order of forfeiture allegedly made against BAT and for which the Petitioners have premised their claim for his disqualification.

    Even on a cursory examination of the US Court order as pleaded by the petitioners, it is obvious that it does not share or have any of the six elements/features outlined above. Therefore , assuming though not conceding that there was indeed such an order of forfeiture made in October 1993 against BAT, it will not suffice as a disqualifying factor by the tenor of section 137 (1) (d) & (e) above for the following reasons:

    (a) The said proceedings from all intent and purposes is not a criminal proceedings and therefore there was no indictment as alleged by the petitioners. Clearly, it was a “forfeiture “ proceedings and it was solely targeted at the assets or funds of the named defendant in the proceedings. These funds or assets were held by the Banks that were the defendants /respondents in the proceedings. From the gamut of the order, it is abundantly clear that it was a civil proceedings in which BAT was not referenced as a defendant neither was there any evidence of his arraignment and indictment from the proceedings. A forfeiture proceedings is not a criminal proceedings. According to the Webster Online Dictionary, a “Forfeiture Proceeding” or “Order” is a civil proceedings against property which is derived from criminal activities or proceeds of a crime. Whereas, a criminal proceeding for forfeiture is contingent on the conviction of the owner of the property and it is directed at him personally, a civil forfeiture is directed at the property or goods, it is a right in rem. Clearly, the U.S Court order pleaded by the petitioners is clearly a civil forfeiture proceeding.

    According to the Black’s Law Dictionary, eighth edition, indictment is the “formal written accusation of a crime, made by a grand jury and presented to a court for prosecution against the accused person”. It follows therefore that “indictee” is a person who had been indicted or one officially charged with a crime. On the other hand, “indictor” is the person that caused another to be indicted. Indictment could either be by a grand jury or prosecution by information.

    According to Richard Alexander and Sheldon Portman, “the origins of the institution of the grand jury are obscure. In some form it was found early in all the Teutonic peoples, including the Anglo-Saxons before the Norman Conquest. Forms of the grand jury have also been traced in Scandinavian countries where jurors came to determine both law and fact. The grand jury originated in Anglo-American law with the summoning of a group of townspeople before a public official to answer questions under oath, a system of inquiry used for such administrative purposes as the compilation of the Domes day Book of William the Conqueror”.

    The indictment by grand jury or prosecution by information later found its way into America where it has since been modernized and constantly updated. The main duty of the grand jury is to examine the records or witnesses, or both, as presented by the prosecuting attorney and come to a conclusion as to whether persons accused of crime ought to be tried or not. This they do under the advice of the District Attorney. In many cases they are, in whole or in part, composed of persons ignorant of the law; and in a majority of cases, if the District Attorney tells them that the evidence is sufficient to convict they indict, and on the contrary, if he tells them the evidence is not sufficient, they do not indict. How it works is that the State or the Prosecuting attorney gathers 12 laymen in a place and inform them that someone had committed a crime. He shows them documents and other evidence to support that claim and also to convince them that if the case goes to trial, he could secure a conviction against the accused based on the strength of available evidence and credibility of witnesses etc. If the grand jury is sufficiently convinced, then they return a verdict of indictment against the suspect or that accused person. The accused is then later notified of the indictment and given the right to challenge it altogether or defend himself in a Court of law. Put in a layman’s language therefore, an indictment is nothing more than mere declaration of intention by the State or the prosecuting attorney to prosecute someone for “alleged” violation of the law.

    The United States of America is one of those jurisdictions of the world where indictment has being used. Even here, the evolution and practice of indictment has been subject of debates and constantly under review with the ultimate goal of ensuring that it is not abused. As part of that effort, it has long been established that there must be “probable cause” before anyone can be indicted. Probable cause means that there is reasonable ground to suspect that a person has committed a crime.Under the Fourth Amendment, probable cause amounts to more than mere suspicion. This means that in order to return a true bill of indictment, twelve (12) or more State grand jurors must find that probable cause exists for the indictment and vote in favor of the indictment. Even with the indictment, the accused must still be prosecuted and found guilty by competent courts of law.

    Furthermore, except with specific rule or law to the contrary, an indictment must meet other requirements to be valid or adequate. For example, every element of the offence charged must be proven, and failure of indictment to detail each element of charged offense generally constitutes a fatal defect.

    See Almendarez-Torres v. United States, 523 U. S 224, 228 (1998); United States v. Cook, 17 Wall. 168, 174 (1872). This was why the United States Court of Appeals for the 9th Circuit in United States v. Resendiz-Ponce (No. 05-998) 425 F. 3d 729 stated that “ an indictment’s omission of an essential element of the offense is a fatal flaw that is not subject to mere harmless error analysis”. While dissenting with the rest of the justices of the United States Supreme Court, Justice Scalia also stated that “it is well established that an indictment must allege all the elements of the charged crime. As the Court acknowledges, it is likewise well established that “attempt” contains two substantive elements:
    (1) the intent to commit the underlying crime, and
    (2) the undertaking of some action toward commission of that crime… It should follow then, that when the Government indicts for attempt to commit a crime, it must allege both that the defendant had the intent to commit the crime, and that he took some action toward its commission. Any rule to the contrary would be an exception to the standard practice”.

    The need for the indictment to charge essential elements of an offense is so strict that the defect could not be cured by the trial court by amendment or through jury instructions. In fact, the Supreme Court of United States has stated that “the very purpose of the requirement that a man be indicted by grand jury is to limit his jeopardy to offenses charged by a group of his fellow citizens acting independently of either prosecuting attorney or judge.” Russell V. United States, 369 U. S. 749, 771, 82 S. Ct. 1038, 1051, 8 L. Ed. 2d 240 (1962) (citing Stirone V. United States, 361 U.S. 212, 218, 80 S. Ct. 270, 4 L. Ed 2d 252 (1960). To allow a prosecutor or Court to make a subsequent guess as to what was in the minds of the grand jury at the time they returned the indictment would deprive the defendant of a basic protection that the grand jury was designed to secure, because a defendant could then be convicted on the basis of facts not found by, and perhaps not even presented to, the grand jury that indicted him”.
    See cases of Victor Attah v Godswill Akpabio (supra), Rasheed Ladoja v Alao Akala (supra)
    (b)Secondly , although , it is not debatable that an order of “forfeiture” is a form of penalty, it is certainly not a “sentence” or “fine” as contemplated by section 137 (1) (d) & (e) aforesaid. In so far as the proceedings was not a criminal proceedings, there was no indictment or conviction shown on the face of the said document pleaded by the petitioners. If there is no indictment and conviction, then there is no sentence. In addition, the Webster Online Dictionary equally defines a “fine” as the most common form of punishment for an offence given by the criminal courts. Similarly , the Administration of Criminal Justice Act defines a “fine” as a sentence imposed by the Courts or tribunals after the successful prosecution and conviction of a person charged with an offence and before a court of competent jurisdiction in Nigeria
    See also Abubakar Atiku v A.G of the Federation (supra) on the meaning and scope of an indictment.

    (c)Thirdly and most importantly, the forfeiture order under reference was issued by a court in the U.S. Clearly, the U.S circuit court is not a “court” or “tribunal” in “ Nigeria” for the purposes of section 137 (1) (d) & (e). It is submitted that a community reading of sub-sections (d) and (e) aforesaid and on the basis of even a literal interpretation will reveal that it is only a conviction and sentence by a court of competent jurisdiction in Nigeria that will suffice for the purpose.

    Therefore, assuming without conceding that the proceedings and order of the U.S Court is criminal in nature and involves a conviction and sentence, it is still not tenable since it was issued by a court outside Nigeria. What is more, the petitioners pleaded no fact to show that the said order issued in October 1993 was ever brought to the attention of Nigerian authorities nor was it registered in Nigeria for the purpose of its enforcement in the Country. This is more particularly so, as BAT who is supposed to be the subject matter of the said order, contested for and was elected and sworn in as the Executive Governor of Lagos State in 1999, just six years after the purported indictment. We submit that by the express provision of section 4 of the Foreign Judgment (Reciprocal Enforcement) Act, Cap F36 LFN 2004, all foreign judgments must first be registered with the appropriate registry of a High Court in Nigeria before they can be enforced. It is further provided that an application for the recognition of such a foreign judgment must be made within 12 months after it has been delivered. See generally Andrew Mark Macaulay v Raiffeisen Zentral Bank of Austria (2009) NWLR (PT. 1149) 756, Hayden Petroleum Ltd v Planet Maritime (2018) LPELR-45553 (CA)

    Accordingly, since there is no evidence of the registration of this judgment in any superior court or record in Nigeria till date and the petitioners have not pleaded or led any evidence of such a registration, it is safe to conclude that it was not registered in the country. Accordingly , since it is almost thirty years since October 1993 when the said order for forfeiture was issued, it has by the reason of its non-registration elapsed by effluxion of time.

    (d)The other crucial point that negates the probative value of the U.S Forfeiture Order under reference is that it was issued in October 1993 almost thirty (30) years before the election of 25th February 2023 that produced BAT as the President –Elect. Specifically, section 137 (1) (e), provides that if the conviction and sentence is in respect of an offence involving dishonesty, fraud or contravention of the Code of Conduct Bureau, it must not be more than ten years preceding the date of the election. Clearly, from the nature of the “forfeiture order” it is a penalty for dishonesty and fraud. Therefore, assuming though not conceding that there was indeed a conviction and sentence against BAT by virtue of the forfeiture order, such an order has equally lapsed by effluxion of time. Therefore, as at the moment, the “order” lacks no legal potency and it is no longer cognizable as a disqualifying factor under the 1999 constitution of Nigeria.

    1.5 THE GROUND THAT ON NON-COMPLIANCE AND CORRUPT PRACTICES

    This is another ground of the petition. Here the petitioners adopted the standard format of this ground as provided under section 134 of the Electoral Act. However, subject to the preliminary objection that may be filed by the BAT team on the vagueness, nebulousness of this ground of the petition, it is clear that even if considered on its merit, it will not fly.

    This is because, although the petitioners listed some states that they intend to prove that the conduct of the election was tainted with incidences of non-compliance and irregularities , they failed to plead the particulars of these irregularities or malpractices. They also failed to plead material facts that they intend to rely upon in proof of these weighty allegations. It is trite law that allegations of corrupt practices in an election petition, is in the category of pleading the commission of an offence in civil proceedings. Thus, the petitioners herein are fixed with the legal and evidential burden to prove these allegations beyond reasonable doubt.

    See Akin Omoboriowo v Adekunle Ajasin (1984) SCNLR 108, Sergaent Awuse v Peter Odili (2005) 16 NWLR (PT.952) 416 (C.A), Buhari v Obasanjo (2005) 13 NWLR (PT.941) 1,
    Specifically the Supreme Court in Mahaija v Gada (2017) LPELR-42474 (SC), held as follows:
    “my understanding of subsection 5 of section 31 is that the false information complained of must relate to the Constitutional requirements for election into the office in question. In this case, the requirements of section 177 (b) &(c) of the Constitution. The appellant therefore had the onus of satisfying the Court below that not only the testimonial was forged but also that the 1st respondent does not possess the educational qualification stipulated in Section 177 (c) of the Constitution. He failed woefully on both counts. Having alleged forgery, which is a criminal offence, the onus was on him, to establish that fact beyond reasonable doubt notwithstanding the fact that the allegation was made in civil proceedings. I agree with the Court below that the appellant failed to tender any evidence, such as a disclaimer from the authority that issued the testimonial, stating that it was forged. Not only must it be proved that the document was forged, it must also be proved that it was the 1st respondent who forged the document”.

    See also Atiku Abubakar & Anor v INEC & Anor (2019) CA/ PEPC/002/2019

    In addition to this, the Supreme Court has since resolved the issue that allegations of corrupt practices in an election must be proved by the petitioner from one polling unit to the other. There is no room for speculations and conjectures, only the petitioners’ polling unit agents that witnessed the incidences of the alleged malpractices or corrupt practices can lead evidence on them.

    See Ocha v Elechi & Ors (2012) 13NWLR (PT. 1317) 330 at 359, Buhari v INEC (2009) 7 WLR 1 at 187, Uchechukwu v Okpaleke (2010) LPELR-5041 (CA) at 40-41

    Accordingly, unless the petitioners are about to assemble all the polling units agents that acted for it across all the polling units in the states they have referenced in this petition, they are bound to fail. More importantly, the petitioners have not been able to give specific evidence of the nature of these corrupt practices/malpractices. They have not tied any figure to over-voting in these specific polling units, neither have they pleaded specific figures that were inflated as votes to the respondent (BAT). They have also failed to plead and lead evidence on any specific irregularities in the polling units in the listed states that are so monumental and fundamental as to substantially affect the outcome of the said election. Clearly , their failure to specifically plead and lead evidence on these issues is fatal to the petition.

    See Omisore v Aregbesola (2015) 15 NWLR (PT. 14820 205 at 298

    1.6 THE ALLEGATION OF IRREGULARITY BASED ON THE ALLEGED NON-UPLOADING/TRANSMISSION OF RESULTS

    In the entire gamut of paragraphs 33 -78 of the petition is suffused with verbose and windy pleadings on how the Electoral Act and INEC Regulations and Guidelines for the Conduct of the 2022 elections made it “mandatory” for the commission to upload and transmit results collated at the polling units to the IREV Portal. The petitioners went further to plead facts as to how INEC at various formal media assured all that the results of the 2023 elections will be uploaded and transmitted real time to its cloud central server IREV. The petitioners went on to plead copiously the provisions of the Electoral Act 2022 and its Guidelines and Regulations for this purpose.
    However, what the petitioners have not been able to prove is whether INEC failed/refused to upload and transmit the said results to IREV or that it was done but not real time or was done belatedly. Apart from the allegations with respect to Rivers and Benue States, the petitioners could not lead direct and credible evidence on polling units by polling units basis, how the delay in the said uploading and transmission of the results as alleged , substantially affected the outcome of the results. We submit that it is trite law that unless it is established that the incidences of irregularities substantially affected the outcome of an election, it would not be a ground for nullifying it.

    See section 135 (1) –(3) of the Electoral Act 2022.

    See also Omisore v Aregbesola (supra), C.P.C v INEC (2011) 18 NWLR (PT. 1482)205 at 298

    We submit that assuming though not conceding that INEC failed/refused to upload/transmit the results real time as alleged, it is humbly submitted that it is not mandatory on INEC to electronically upload and transmit polling units results as well as collated results in order to validate them. Electoral Act did not make the “transmission “of results by INEC at any stage of the election and collating process a mandatory requirement. Additionally, the Act did not make the electronic “transmission “ of such results a pre-condition for the validity and acceptability of such results. Rather, on the contrary, what the Act emphasized was the physical sorting of ballot papers after voting, the counting of the votes scored by the respective parties/candidates and the entering of these results into the appropriate Forms EC8 Series. Specifically, at the level of the polling unit, what is required is for the presiding officer to enter the respective votes of the parties into the requisite Form EC8A, announce loudly the said result and thereafter paste same in a conspicuous place at the said polling unit. The reference to the “transmission” of results thereafter was couched in a manner consistent with record keeping, protecting the integrity of the said Form EC8A and in the overall pursuit of transparency and credibility of the process. Specifically, section 60 (1) – (6) of the Act surmised the steps to be taken at the close of polls at the polling unit for the counting and publication of the results. There is no reference to the transmission of the results as a pre-requisite. It is trite law that the express mention of the specifics means the exclusion of anything not so mentioned (Orius Exclusio Rule). Therefore , the ‘transmission” of the results at the polling unit cannot be read into this section by anyone ,including INEC. Furthermore , section 64 (4) ( a)-(b) of the Act dealing with the power of a Collation Officer, only mandated him/her to use the BIVAS to confirm the number of accredited voters as recorded therein with the number of votes recorded for the parties. This is however in cases where there is a discrepancy between the number of accredited voters and the number of votes scored by the political parties.

    Just as it was the case with the accreditation of voters, the subsidiary Rules and Guidelines for the Conduct of the Elections, made more detailed and specific provisions on the transmission of collated results at the elections. Although, the entire gamut of paragraph 35 (a) (i)-(vi) of the Regulations merely adumbrated the provisions of section 60 of the principal Act, it is paragraph 38 that deals directly with the issue of transmission of results. Specifically, it provides thus:

    Upon the completion of the polling unit voting and results procedure, the Presiding Officer shall:

    (i) Electronically transmit or transfer the result of the Polling Unit direct to the collation system as prescribed by the Commission.

    (ii) Use the BIVAS to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IReV), as prescribed by the Commission.

    (iii) Take the BVAS and the original copy of each of the forms in tamper evident envelopes to the Registration Area/Ward Collation Officer , in the company of security agents. The Polling Agents may accompany the Presiding Officer to the RA/Ward Collation Center.

    Clearly, from the opening statement in paragraph 38 above, it is deducible that transmission comes after the voting counting and publication of the results at the polling units has been completed. It was not intended or designed to be a condition precedent for the validity of the results properly documented in the requisite Form EC8A and which was already published at the polling unit. What is more, what is “transmitted’ is a scanned copy of the said Form EC8A. In this context, a scanned copy is secondary copy of the original document i.e Form EC8A. Thus, it is therefore arguable that where there is no transmission of the results in form EC8A , but the results in form EC8A already distributed to the party agents, security agents and already published are available, the results remain valid.

    The petitioners have admitted that INEC subsequently uploaded the said results, but they now claim that it deliberately uploaded “ blurred” copies of the said results on IREV. The crucial question is, what happened to the carbon copies of the requisite FDORM EC8 series given to the polling unit and collation agents of the petitioners? Why the fixation on uploaded/transmitted version of the same results? Clearly , in the entire gamut of paragraphs 33-78 of the petition, the petitioners could not reveal polling units by polling units, how the results subsequently uploaded on the IREV Portal was different from the copies in their possession. We submit that the legal and evidential burden rests on them to use the certified true copies of these results to prove strictly if the figures therein are different from the figures in their carbon copies. They are equally enjoined to prove if there was any cancellation/ alteration in the said FORM EC8 series to support their vague and nebulous allegation of non-compliance and irregularities. We submit that this allegation stands unproven.

    See Nyeson Wike v Dakuku Peterside (2016) 7 NWLR (PT. 1512) 452 at 505, Omisore v Aregbesola (supra)

    (d) The contention that BAT did not satisfy the constitutional requirements to be declared the winner of the election.

    One of the sub-grounds of the petition is that BAT did not score the majority of lawful votes in the said election. Allied to this, is the claim that he did not score up to 25% of the total votes cast in 2/3 of the 36 states of Nigeria and the F.C.T Abuja. In support of this sub-issue, the petitioners construed section 134(2) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (As amended) as making it incumbent on a successful candidate for election into the office of the president to score 25% of 2/3 of 36 states, which is 24 states in addition to specifically and separately scoring 25% of the total votes cast in the F.C.T Abuja. They contend that the preposition “and” in section 134(2) (b) of the Constitution should be construed as disjunctive and not conjunctive. They therefore argue that since BAT did not score up to 25% of the total votes cast in the F.C.T, Abuja, he did not fulfill the constitutional requirements and ought not to have been declared and returned as the winner of the said election.
    Perhaps, this is one of the most pedestrian ground of the petition. This is because by virtue of section 299 of the Constitution, F.C.T Abjuja is granted the status of a state in the federation. Therefore, to that extent, for the purpose of section 134(2) (b) of the said constitution, F.C.T Abuja is treated as the 37th state in the federation.
    Furthermore, beyond the provision of section 299 of the Constitution, even on a literal and mischief rule of construction, it is inconceivable that the drafters of the 1999 Constitution could have contemplated that the F.C.T Abuja would be given a higher status than other states in the federation. We submit that a community reading of sections 299 and 134(2) (b) of the constitution would reveal that the most reasonable and appropriate interpretation is that F.C.T is the 37th state for this purpose.
    See Gani Fawehinmi v Babangida & Anor (2003) LPELR-1255(SC), Bakari v Ogundipe (2021) 5NWLR (PT.1763) 1 SC. Baba-Panya v President, FRN (2012) 15 NWLR (PT.1643) 423.

    More specifically, it will lead to manifest absurdity for Courts to insist that a candidate like BAT that scored 25% of the total votes cast in almost 28 states to be saddled with the additional burden of scoring 25% of the total votes cast in the F.C.T before he can be so declared as the winner of the election. We submit that on the basis of the mischief rule, section 134(2) (b) was introduced for the purpose of making the geographical spread of the votes garnered by a candidate for election to the office of the president in addition to his score of the plurality/majority of the votes cast at the election. The idea was that an elected president should enjoy the support through the votes of a reasonable spread of Nigerians and not gather his votes from a particular region (s) or even a particular ethnic stock or tribe in the Country. This was obviously to stem the tide of ethnic /regional politics witnessed in the politics of the 1st republic, when regional tigers like Chief Obafemi Awolowo of the Western Region, Chief Nnamdi Azikiwe of the Eastern Region and Sir Ahmadu Bello of the Northern region held sway. Thus, with the advent of the 1979 Constitution and with the adoption of a presidential system of government, this approach was adopted. As a matter of fact, the legislative intention behind section 134 (2) (b) above was well analysed by the notable Professor of Constitutional Law and Constitutionalism, Professor B.O.Nwabueze, in his celebrated text “The 1979 Presidential Constitution of Nigeria”
    Therefore, stretching this arguement to insist that scoring 25% of the total votes cast in the F.C.T is an additional requirement would mean that even if a very popular candidate scores 25% of the total votes cast in the 36 “states” of the federation but failed to score same in the F.C.T Abuja, he would not be elected. That is most outlandish and should be rejected by all reasonable men and women, especially the Justices of the Court of Appeal (Presidential Election Petition Tribunal)

    1.7 CONCLUSION

    Whilst awaiting the full trial of this election petition and the volume of oral and documentary evidence that would be led by the respective parties in proof of their case, it is safe to conclude that the petitioners have an uphill task proving their wild allegations as replete in the grounds of the petition.