The Nation Newspaper

Tag: bias

  • Dismantle Ekiti panel for alleged bias, says lawyer

    •Commission: counsel bungled his client’s case

    A lawyer, Adeoye Aribasoye, has called for the dismantling of the Judicial Commission of Enquiry investigating finances of Ekiti State government between October 2010 and October 2014.

    Aribasoye is representing CASA Nigeria Limited, the contractor that built the Ado-Ekiti Civic Centre during the tenure of former Governor Kayode Fayemi.

    The lawyer said the panel could no longer be trusted on fairness, hence the need for its members to withdraw.

    According to him, the seven-member panel, led by a former Acting Chief Judge, Justice Silas Oyewole (retd), was “biased and grossly partisan and working towards a predetermined conclusion”.

    The lawyer alleged that the panel, at its sitting on October 6, prepared a ruling before hearing the matter of the day, when it allegedly shut out his client and delivered a bench ruling.

    But the panel denied Aribasoye’s allegation, insisting that the lawyer should be blamed for allegedly bungling his client’s case.

    It accused Aribasoye of failing to file the application to reopen his client’s case on time, despite the opportunity allegedly given to him.

    An examination of the commission’s time table showed that CASA Nigeria Limited was supposed to make “conditional appearance” before the panel on September 5, as a witness.

    CASA’s Project Manager Mr. Apata Ayodele, according to an affidavit sworn to on September 5, appealed for an extension of time for him to appear because the information about the time table was received late.

    Addressing reporters yesterday in Ado-Ekiti, the state capital, Aribasoye accused the panel of preventing his client from giving evidence, as contained in its preliminary objection, which touches on integrity of the panel to be fair.

    He said: “When I appeared before the panel on September 5, I told them that my client would not be available on September 6. They asked me to formally apply for an extension of time with which I would reopen the case. They said I should file all applications regarding this on or before September 11, and I did.

    “But to my surprise, on October 6, the matter came up for argument, and the panel gave a bench ruling on an issue that was argued for about 30 minutes.

    “They didn’t even rise for a second to prepare the ruling. This suggested that they had already written the ruling before the appearance.

    “This confirmed our fear that this panel had a predetermined mission. It was set up for a sinister motive and the members must disqualify themselves, in line with the law.”

    Aribasoye tendered a letter, dated September 11 and addressed to the commission’s chairman to buttress his point that he applied for an extension of time.

    The lawyer cited the cases of Kenom Vs Tekan, 2001, 14 Nigeria Weekly Law Report (NWLR), Part 732, page 12 at 41 and FG Vs MKO Abiola, to substantiate his claim that the panel can no longer proceed on moral grounds.

    He said: “The Supreme Court’s members in the case of Abiola disqualified themselves, based on allegation raised by G. O. K. Ajayi (SAN) that the justices could not exhibit fairness. I want the panel to toe the same line.”

    But a ruling delivered by Justice Oyewole dismissed the application for CASA’s conditional appearance on the strength that the application was filed out of time.

  • Group accuses Jega of bias

    Group accuses Jega of bias

    The National Chairman of the Socialist Party of Nigeria (SPN), Mr. Segun Sango, has chided the Independent National Electoral Commission (INEC) for refusing to register the political association, although it has met all the requirements stipulated in the 1999 Constitution and the 2010 Electoral Act (as amended).

    Sango told reporters in Lagos that the action of the Professor Attahiru Jega-led commission undercored the capitalist ruling elite’s quest to exclude the masses from genuine political participation. “It is the machination of people who do not want the masses to have control over the political process in Nigeria,” he added.

    The refusal to register the SPN, he noted, is a negation of the political and legal struggle inspired by the late Chief Gani Fawehinmi and the National Conscience Party (NCP). He said the litigation on this issue involving   Alhaji Balarabe Musa and the INEC was decided in favour of the push for an all-inclusive participation. .

    Sango said that, since then, the law has liberated the political space and permitted the registration of many political parties.

    His added: “The rejection by the INEC of the SPN’s application for registration as a political party, after the association has fully met the conditions for such purpose in the 1999 Constitution as amended and the 2010 Electoral Act (as amended), represents a serious political throw back to 2002, which was the period before the Supreme Court made its pronouncement on the rules and protocol for the transformation of political associations to political parties.

    “The proliferation of political parties that came in the wake of the landmark judgement has not in any sense offered genuine socio-economic and political opportunities to the vast majority of the working masses because severally and collectively, these parties are committed to pro-rich capitalist viewpoints.”

    Sango said the SPN has instituted a legal action against the INEC to protest “its refusal to issue our certificate of registration in mid July 2014 and its subsequent decision communicated to us on August 12 that the SPN’s registration is terminated.”

    He  said members of the association would continue to utilise legal, democratic and political means to agitate for its registration.

  • Group accuses Jega of bias

    Group accuses Jega of bias

    The National Chairman of the Socialist Party of Nigeria (SPN), Mr. Segun Sango, has chided the Independent National Electoral Commission (INEC) for refusing to register the political association, although it has met all the requirements stipulated in the 1999 Constitution and the 2010 Electoral Act (as amended).

    Sango told reporters in Lagos that the action of the Professor Attahiru Jega-led commission undercored the capitalist ruling elite’s quest to exclude the masses from genuine political participation. “It is the machination of people who do not want the masses to have control over the political process in Nigeria,” he added.

    The refusal to register the SPN, he noted, is a negation of the political and legal struggle inspired by the late Chief Gani Fawehinmi and the National Conscience Party (NCP). He said the litigation on this issue involving   Alhaji Balarabe Musa and the INEC was decided in favour of the push for an all-inclusive participation. .

    Sango said that, since then, the law has liberated the political space and permitted the registration of many political parties.

    His added: “The rejection by the INEC of the SPN’s application for registration as a political party, after the association has fully met the conditions for such purpose in the 1999 Constitution as amended and the 2010 Electoral Act (as amended), represents a serious political throw back to 2002, which was the period before the Supreme Court made its pronouncement on the rules and protocol for the transformation of political associations to political parties.

    “The proliferation of political parties that came in the wake of the landmark judgement has not in any sense offered genuine socio-economic and political opportunities to the vast majority of the working masses because severally and collectively, these parties are committed to pro-rich capitalist viewpoints.”

    Sango said the SPN has instituted a legal action against the INEC to protest “its refusal to issue our certificate of registration in mid July 2014 and its subsequent decision communicated to us on August 12 that the SPN’s registration is terminated.”

    He  said members of the association would continue to utilise legal, democratic and political means to agitate for its registration.

  • Nasarawa killings: Fulani accuse govt of bias

    •Panel adjourns till next week

    The Miyetti Allah Kautal Hore Socio-Cultural Association yesterday accused Nasarawa State Governor Tanko al-Makura and some officials in his administration of bias.

    The Secretary of the state branch of the association, Mohammed Hussaini, told the Judicial Commission of Enquiry probing the killing of security agents and other incessant conflicts in the state that the government did not visit and commiserate with the Fulani communities as it did to the Eggon neighbours.

    The association is the umbrella body of Fulani herdsmen across the country.

    Hussaini, who presented the association’s memorandum to the panel, said: “We are dissatisfied with the handling of the crisis by officials of the state government. It is a fact that till date, neither the governor nor officials of the state government has visited our community to commiserate with our people.

    “This is making our people not to be happy with the state government. The governor and some envoys had visited Eggon towns and villages to commiserate with them. Why are we treated differently?”

    The union leader blamed the various conflicts in the state involving the Fulani on “rumours, wild allegations, mutual suspicion and feeling of injustice”.

    He added: “Communities should be educated that these cattle are the wealth of Fulani. Any attempt to dispossess him of these animals or attack him can be fatal. If any Fulani commits an offence, he should be reported to the authorities instead of people resorting to self-help.

    “Farmers should stop poisoning waters and farming on grazing routes. The government should order for the expansion of grazing route to ease movement and passage.

    “We are trusting that the National Grazing Reserve Law will come in place and a clear conflict resolution mechanism will also be put in place. Existing grazing reserves in the state should be rehabilitated to encourage more Fulani to move in (dams, schools, social amenities be provided).

    “We are educating Fulani to stop sending children to graze cattle; this is the source of crop damage and conflict. Adults must supervise these young persons to avert the various clashes that have occurred so far. We hope the Government of Nasarawa State will help patronise the Fulani to embrace modern grazing methods and reduce grazing activities to the minimum as practised in Cameroon and other countries of the world, to end the perennial clashes between the herdsmen and farmers in Nigeria.”

    Hussaini stressed that “all identified perpetrators of conflicts in the state should be prosecuted” in accordance with the law.

    He urged the Nasarawa State Government to create the Ministry of Animal Husbandry to “deal with cattle and other matters related to it in view of the perennial farmers/Fulani conflict”.

    The Fulani leader advised the government to establish joint community peace committees to resolve conflicts, restore peace and put in place other peace-building initiatives in various communities.

    He called for a detailed assessment of the victims of the conflicts and the payment of compensation to them to cushion the effect of the conflicts.

    Hussaini noted that a poor assessment of the damage done to farmers’ crops by Fulani cattle has been the main cause of the crises between the two groups in the state.

    For a long time, he said, farmers in the state were short-changing members of Miyetti Allah in assessing the damage cows did to crops.

    The damage which should not be more than N2,000, he explained, was usually inflated to N100,000 or more.

    The Fulani spokesman said such exorbitant assessments usually infuriated his nomadic compatriots, resulting in clashes.

    Hussaini said: “There is usually injustice in the process. Our people are being short-changed in terms of assessment of damage. Sometimes, if there is damage on 10 tubers of cassava, which should not cost more than N2,000, our people are told to pay N100,000. This situation usually angers them and, as a result, fight erupts. This has been the major cause of the crises between our members and farmers, especially in Nasarawa State here.”

    The union leader maintained that for the situation to be resolved, the government should start a mechanism to determine the extent of damage cows do to the farmers’ crops.

    He noted that during crises, the farmers often reported any security breach to the police and the State Security Service (SSS).

    According to him, while some arrests were made, the police failed to visit the scenes of the crises because they were afraid, in some cases.

    Hussaini said: “We have never invited or hired anybody to come and assist us. Our people come here from different states: Bauchi, Kano, Sokoto, Katsina, Plateau, Kebbi, Zamfara, Kaduna, Niger and others, to graze.

     

  • CPC candidate: Ondo tribunal’s judgment vindicates my allegation of bias

    •Ehinlanwo urges Akeredolu, Oke to appeal ruling

    The candidate of the Congress for Progressive Change (CPC) in last October’s governorship election in Ondo State, Prince Soji Ehinlanwo, yesterday criticised the judgment of the Justice Andova Kaka’n-led Election Petition Tribunal.

    He said it has vindicated his position that the panel members were biased.

    Ehinlanwo had petitioned the Appeal Court President seeking dissolution of the panel and the constitution of a fresh one.

    He said the tribunal’s judgment, which upheld the election of Governor Olusegun Mimiko, does not reflect the aspiration of the people.

    In a statement, Ehinlanwo said: “It is no wonder that the judgment was greeted with zero enthusiasm, graveyard silence and sober reflection across the state.

    “Like I mentioned in the interviews I granted shortly before the judgment and in the petition I wrote some weeks ago to the Appeal Court President, the CPC and I had no confidence in the panel, as it clearly appeared to have taken a definite position even before evidence were adduced.

    “What other conclusion could one reach about the panel, given the reckless, ludicrous and demeaning conclusions it made about our petition, even before we were allowed to adduce evidence.

    “As sad as it seems, we conclude that the judgment is a vindication of my earlier position and that of the CPC. Many people have continued to encourage me to keep on with the struggle to ensure that our justice system remains a bastion of hope for the common man, which means that justice must not only be done but must also be seen to be done.

    “This is based on the unarguable premise that the judiciary is pivotal to building a virile and enduring democracy. In standing against the absurdity that occurred in respect of our matter, I believe we are making our modest contribution to strengthen our judicial institution and enhance its respect by the citizenry.

    “I believe this is the right path to follow and I thank those who have encouraged us thus far. However, a few people have asked me whether it was worth the effort, personal sacrifice and risks I have had to take.

    “To them, I say we cannot hope to build strong institutions and a strong democracy, if we do not demonstrate the courage needed to confront and address the glaring faults and aberrations that we will have to face in the evolution of our democracy.

    “I remain convinced that our people crave for a change from this rudderless government that has been imposed on them. I also believe that the tribunal’s judgment cannot and should not stand in the face of judicial scrutiny by a superior court.

    “I urge Mr. Rotimi Akeredolu (SAN) of the Action Congress of Nigeria (ACN) and Chief Olusola Oke of the Peoples Democratic Party (PDP) to appeal this judgment in the interest of justice and our dear state.

    “The CPC and I are awaiting the decision of the President of the Court of Appeal on our request for the constitution of a new panel to hear our petition.

    “When the decision is made and communicated to us, we will take the next appropriate step. We remain hopeful that the right decisions will be taken, so that we can have the benefit of presenting our case to a panel that will hopefully examine it dispassionately and on its merit.

    “I assure our supporters and the public that CPC and I remain resolute in our goal to get justice and rid our state of this illegitimate government that has been foisted upon it.”

    Also yesterday, a group, the Ondo Youth Alliance (OYA), said the judgment was a “mirror of the unjust society we live in”.

    In a statement by its coordinator, Mr. Olukayode Adeyemi, after the group’s emergency meeting in Akure, the state capital, OYA said: “The illegal injection of names into the electoral register discredited the election. How do you want youths to comprehend this kind of judgment? Some judges have perfected the art of politicising judgments.

    “The panel has failed to dispense justice in this matter and we will ensure that justice is not only done, but seen to have been done. The late activist lawyer Gani Fawehinmi will be turning in his grave because of this jaundiced judgment.”

     

  • Imo flood victims allege bias in management of intervention fund

    Victims of the recent flood disaster in Imo state have expressed doubt over the management of the Federal Government’s intervention fund by the state government, which they said have employed political sentiments in the composition of the management committee.

    They also accused the state government of diverting relief materials meant for the displaced people to loyalists of the All Progressive Grand Alliance (APGA).

    Speaking with The Nation, the member representing Ohaji-Egbema/Oguta Federal Constituency, Gerald Irona, noted with displeasure that the state government has been playing politics with the misfortune that befell the people of the state, adding that “they have perfected plans to divert the intervention funds as a patronage to their party loyalists”.

    Irona, who faulted the membership of the committee setup by the government to manage the fundthat APGA members in communities that were not affected by the flood were given relief materials while victims who are not APGA members were denied any form of relief.

    He said: “The involvement of the Community Government Council headed by APGA Chieftains who were hurriedly selected to manage the intervention fund instead of the traditional rulers, is a pointer that the whole affair will be highly politicized. In Oguta for instance, one Ogbonna Alozie was selected to head the CGC and to manage the resources and he has been printing and selling forms to people who were not even affected by the flood”.

    The lawmaker queried the inclusion of the community of the Secretary to the State Government (SSG) among the affected areas, stating that it further exposes the fact that the fund will not get to the genuine victims at last, “Egbuoma community was not among the flooded areas but because the SSG, Prof. Anthony Anwukah, comes from there it was included.