The Nation Newspaper

Tag: eligibility

  • Breaking: Court dismisses Oni’s suit on Fayemi’s eligibility

    The Federal High Court sitting in Ado Ekiti has dismissed the suit filed by former Governor Segun Oni challenging the eligibility of Ekiti State Governor Kayode Fayemi to run as candidate of the All Progressives Congress (APC) as a sitting Minister

    Justice Uche Agomoh in her judgment held the case is “completely lacking merit.”

    The court held that Fayemi was validly nominated by APC and was not a public officer envisaged by the Electoral Act, 1999 Constitution and Party Guidelines to resign before contesting.

    Details later

  • Elections, eligibility and power

    Acquisition of power is the ultimate  goal  of  politicians  and global leaders in all aspects of human endeavor.  In  my first course on political    science  at  UNIFE,  I  was  told  that  politics  is

    ubiquitous, a strange word for a fresh  undergraduate then.  Today I  want  to show that it has taken almost    a lifetime  for me to understand  the import of that  simple  definition, both contextually  and conceptually.

    I  will  do this with the examples of the issues  of the day on the day’s topic. I want to take on election issues both  at home and abroad in terms of eligibility of politicians and power seekers  for  power to lord  authority  over their fellow  citizens  and examine their claims and credentials in their quest  for power. We  shall  also  look  at  the way and manner that those  who  control  elections  as well  as those pick  the powerful  seeking authority,  go  about  their  delicate  and very powerful  role. Which  of course    must  be    in  accordance with the political  culture of each environment  and  bearing in mind the crucial fact  that  this must  be done within the ambits of  the rule  of  law in  each  society; and  also  noting quite importantly that  the law flows  from the tradition  and customs of all

    societies and nations  globally .

    Given  our  paradigm  we  look  at  events in  Pakistan, Nigeria, and  the US      and  see what  happened  or is about to happen  in selected situations  in these  places  and how  they tally with our stated objectives in this piece. In simple  terms in Pakistan a former PM  was  shut out of an election,  jailed  for  corruption and released  after  the elections when  he  was no threat  to those in power  in that nation.  In  Nigeria an election    for governorship  is taking place in  Osun    state    in which one of the candidates  took  an examination  for eligibility  to contest alright, but  had f9  in English    the single  paper  he  sat  for out of the eight  papers  he was expected to write.

    In  the US a lady  professor sprang  out from a University to    charge  that a candidate  for the highest  office of Supreme Court  judge of  the US tried  to strip  her  naked 36  years  ago  and cannot be trusted with the authority  of a judge  of the US Supreme  court. In  Lagos Nigeria  the reelection of the incumbent governor of the state appeared  to  be in jeopardy  as his  godfather shifted  his anointment  to a fresh  candidate.

    These  issues  primarily  show how  politics  has been  described  as  not  only  ubiquitous    and at play  anywhere  but  as the art or science of who gets  what, when  and how  in every  political  system.

    Starting  with  Pakistan  the former PM is Nawaz Sharif,  a leader  I admire  so  much  for  his courage  and political  durability. He has  been PM several  times  and does not fear  for his life in the struggle  for power  and authority in his nation Pakistan. He  had boarded  a plane  before  from  London  to  Islamabad,  capital  of Pakistan  knowing  he would be executed by the military  regime of General  Pavez  Musharaff. His  plane  was not  however  allowed to land as it was diverted  to  Jedda  in  Saudi  Arabia  whose  leaders mediated  to  save his life. Recently  he was jailed  for  corruption on the eve of the last general  elections which his party  lost  but he appealed  and was released  from a 10  year  jail  term  after  the elections and pending the determination of the case which  obviously was politically  motivated  by the army  in control of  Pakistani politics which has become fed up  with his unrelenting criticism  of security  matters in Pakistan.

    Nawaz Sharif  is  a man  ready  to die for his  principles  together with his  daughter both of who  left from prison  to bury  his wife who died of cancer in London  and returned to prison voluntarily  before  being freed  on court  orders for wrong imprisonment  on the charges against  them.  Really  I see and  salute  a powerful  man  with the heart  of a lion  in Nawaz Sharif  of Pakistan.

    In  the  Osun State guber  elections today  the PDP  candidate  was to see the Police on charges of false examination  claims  but  the Presidency  has stopped the Police from going further. Which  really is a violation  of  the rule of law because  the Police  was  acting on a court  order which  queried  the qualification of the PDP candidate  for  the election.  According  to  WAEC  this  candidate had f9 in  English  language, a disgrace  to any educated Yoruba man especially in a state  like Osun  from the former  Western Region which  use  to  set  the pace in educational qualifications and achievements for the rest  of  Nigeria. The  presidency  should  have weathered the  storm  of possible  accusation  of  political victimization  and  stood  aloof since the presidency has a candidate from the ruling party in the elections of today  in Osun  State.

    The law  should have been  allowed  to take its course  as  the  court order  was very  clear  and in the public  interest no  matter how close  the election  was. This  is  a candidate    who should  not be in the race. Stopping the Police  at this point  is like closing the stable  doors after the horses  have  bolted. The  PDP  candidate simply  has no eligibility for this election  as  the court  was trying  to  show  through Police  action  under  the Rule  of Law.

    In  the US  the desperate attempt  to stop  the confirmation of President Donald Trump’s candidate as a Supreme  Court judge is happening  because of  a’ clash  of civilization ‘between  the liberal  and conservative  divide of modern US  Society. These  are the anti abortion  vs pro abortion  and the gay rights  community and their opponents. The liberals  want to  stop  Trump  and  his people from  getting a majority on the bench  if this candidate sails through now  and would  rather wait  till  the mid term elections in November  when  they  expect  the liberals  would  have more seats than the  conservatives in the US legislature. But  the accuser  has refused to  testify  and  we wait  to  see  how an event  that happened 36  years  would  derail  the confirmation of this US judge to the Supreme Court.

    However the  spectacle  of a massive  American cultural  war  exploding  right before our eyes  is something  worth  beholding. We  round  up  with  the  political  suspense  in Lagos APC coming primaries  where  the fate of the incumbent  governor  is hanging in the balance in terms  of reelection. The  currency  of  political accountability  and performance  as well  as  loyalty and respect seem  to  have changed  in the succession equation  as we knew  it  at least  as at the last  election in  the  state. How  this will affect the fortunes of the party in the state remains  to  be seen.

    Incumbents  do always  have their  loyalists and beneficiaries  and the present  governor  cannot  be  an  exception.  The  next few days will  determine whether we  shall  see  a transition of power or a re juggling of it in Lagos APC.  Once  again long live  the Federal  Republic  of  Nigeria.

  • Court adjourns Sylva’s eligibility suit to January 12

    Court adjourns Sylva’s eligibility suit to January 12

    An FCT High Court, Maitama has fixed January 12, 2016 for hearing in a suit challenging the eligibility of Timipreye Sylva to contest the forthcoming governorship election in Bayelsa.

    Sylva, a former governor of Bayelsa, is the candidate of the All Progressives Congress (APC) for the December 5 governorship election in Bayelsa.

    The News Agency of Nigeria (NAN) reports that Bayelsa governor, Seriake Dickson and his party; the Peoples Democratic Party (PDP) filed the suit seeking to disqualify Sylva from participating in the election.

    The plaintiffs are asking the court to declare that Sylva was not qualified to contest the election because he had been elected twice and had taken oath of office twice as governor of the state.

    At the resumed hearing of the case on Tuesday, counsel to the plaintiffs, Friday Nwosu said that Sylva had previously been elected twice as governor of Bayelsa in 2007 and 2008.

    “The 2007 election was nullified by the Court Of Appeal and Sylva contested and won the re-run election, whereupon he was elected the second time and served for about a cumulative period of four years and seven months as the governor of the state.

    “He now seeks to be elected a third time as governor of Bayelsa state in the said forthcoming elections.

    “This is against the relevant constitutional provision in section 182 (1)(b) of the 1999 constitution of the Federal Republic of Nigeria 1999 as amended.

    “The section states that, `no person shall be qualified for election to the office of governor of a state if-

    “ (b) he has been elected to such office at any two previous elections”

    Counsel to the defendants, Akeem Afolabi, said they have filed a preliminary objection challenging the territorial jurisdiction of the FCT High Court to hear the case.

    Afolabi said that the case related to the office of governor of Bayelsa; it is either the Bayelsa High Court or the Federal High Court that has the jurisdiction to entertain it.

    Justice Mukhtar Dodo ordered the lawyers to serve all the processes in the case on parties to the suit.

    He adjourned till January 12, 2016 for continuation of hearing.

  • Eligibility: Court orders service of processes on Yobe governor

    Justice Ahmed Mohammed of the Federal High Court, Abuja, yesterday ordered the service of court documents on Yobe State Governor Ibrahim Gaidam in a suit challenging his eligibility to contest in the April 11 governorship election.

    Justice Mohammed gave the order in his ruling on an ex parte application filed by Ayuba Sabo and Ahmed Abubakar, who were governorship aspirants and members of the All Progressives Congress (APC), like the governor.

    The plaintiffs have also filed a petition before the Yobe State Governorship Elections Petitions Tribunal, challenging the governor’s victory in the April 11 poll.

    Justice Mohammed ordered that the governor and the Independent National Electoral Commission (defendants) be served through newspaper publication.

    The judge also ordered that Gaidam and INEC respond to the suit within seven days after the publication.

    Gaidam was deputy governor to the late Mamman Ali, but assumed the governorship position following the former governor’s death in January 2009.

    He won the 2011 governorship election and the April 11, 2015 election on the platform of the APC.

    The plaintiffs averred that if Gaidam was allowed to contest in the election and declared winner, he would be spending the third term in office, contrary to the provisions of the constitution.

    The plaintiffs relied on the provisions of Sections 180(2)(b) and 182(1)(b) 191(1) of the Constitution, arguing that Gaidam, having taken the oath of office on two occasions, was no longer eligible to contest the April 11 election.

    In a supporting affidavit, they averred that with Gaidam’s re-election he “will end up spending three terms of a period of 10 years and four months, against the provision of the 1999 Constitution which allows for two terms of a period of eight years, with each term being just four years”.

    The plaintiffs, through their counsel, Chief Adeniyi Akintola (SAN), submitted 10 issues for determination.

    Their prayers read: “A declaration that having regard to the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) it is not unconstitutional, unlawful, illegal and not permissible for any person to occupy the office of a governor of a state of Nigeria for more than a cumulative and or aggregate period of eight years when it is practicable to hold election into the office of the governor of Yobe State.”

    “A declaration that by virtue of section 180(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the tenure of office of Alhaji Ibrahim Gaidam, the 1st defendant herein, as the governor of Yobe State, began on May 29, 2007 when he took the oath of office as the deputy governor alongside the last holder of the office, the late Mamman Ali, thus making his two terms terminable on May, 29, 2015, having won the second term in May 2011.

    “An order of injunction restraining the first defendant from contesting or attempting to vie for the office of the governor of Yobe State, or occupying same after 28 May, 2015, when his tenure, compromising two terms of eight years shall by the constitution would have come to an end.

    “An order directing the second defendant not to countenance the name of the 1st defendant submitted to it as a candidate in the forthcoming governorship election of Yobe State slated for April 11, 2015.

    “An order of perpetual injunction, restraining the first and second defendants, their servants, agents, privies whatsoever or howsoever called, from presenting or accepting as a candidate, for the elections to the office of the governor of Yobe State, the first defendant as an aspirant, having been caught by extant provision of the Constitution with regard to the ‘two previous elections’ limit and two terms of eight years?”

     

  • Eligibility: Court strikes out five suits against Buhari

    Eligibility: Court strikes out five suits against Buhari

    Justice Adeniyi Ademola of the Federal High Court, Abuja, yesterday struck out two suits challenging the eligibility of the President-elect, Muhammadu Buhari, to contest the presidential election.

    The judge’s decision was informed by the plaintiffs’ application to withdraw the suits.

    His decision yesterday brought to five the number of such cases that have been dismissed.

    Yesterday, Mike Ozekhome (SAN) lawyer to Chukwunweike Okafor, plaintiff in one of the suits, told the judge that his client withdrew to enable the incoming administration focus on governance.

    Ozekhome said he mooted the idea to his client on the telephone Tuesday night, to prevent them from being seen as weeping more than the bereaved.

    He said since President Goodluck Jonathan, who lost to Buhari, had conceded defeat, it was unwise for his client to proceed with his case.

    “We have filed a notice of discontinuance. I called the plaintiff last night and asked him to discontinue the matter. I don’t think he should weep more than the bereaved since the President called to congratulate Buhari on his victory.

    “In the interest of justice, we will allow the President-elect to do his job without interference,” Ozekhome said.

    Dr. Chike Amobi, lawyer to Max Ozoaka, plaintiff in another suit, gave similar reasons for his decision to withdraw his suit.

    Defendants’ lawyers, including Akin Olujinmi (SAN) and Kola Awodein (SAN), did not object to the plaintiff lawyers’ applications to withdraw, a development that informed Justice Ademola’s decision to strike out both cases.

    Before now, the judge had struck out three of such suits on the grounds of absence of diligent prosecution.

    One of such cases was that filed by Ayakeme Whiskey, which the court said was a duplication of an earlier one.

    The two others were filed by Friday Ojelaro.

    The development now leaves only one of such cases. It has Whiskey as plaintiff.

    No date has been fixed for its hearing.

  • Eligibility: Court orders service of documents on Jonathan

    Eligibility: Court orders service of documents on Jonathan

    A Federal High Court in Abuja has ordered that President Goodluck Jonathan be served with court documents in relation to a fresh suit challenging his eligibility to stand for re-election.

    Justice Ahmed Mohammed granted an ex-parte order directing the service of the court documents on the President either through the office of the Secretary to Government of the Federation (SGF) or the Attorney General of the Federation (AGF).

    The judge made order for substituted service on the court documents on Jonathan in view of the complaint by the plaintiff, Nkemjika Nkemjika that it was impossible to effect personal service on the President, who resides in the well-fortified Aso Rock Villa, Abuja.

    Nkemjika, in the suit is urging the court to determine whether, having regard to the provisions of sections 135(1)(b) and 135(2)(b) of the Constitution, President Jonathan was qualified  to contest this year’s presidential election.

    Named as defendants with Jonathan, include the AGF, the Independent National Electoral Commission (INEC), the Peoples Democratic Party (PDP) and the National Assembly.

    It is the plaintiff’s main contention that President Jonathan’s second term in office will end on May 29 this year, because Section 135(2)(b) of the Constitution that determines the tenure of office of the country’s President, did not make any provision for a Vice-President to complete the unexpired tenure of office or unexpired term of office  of a deceased President.

    He contended that President Jonathan would have been eligible to contest this year’s presidential election if he had won an election overseen by the Senate President in 2010 in accordance with the provision of Section 146(2) of the Constitution.

    Justice Mohammed has adjourned hearing in the case to February 26.

  • APC Reps to challenge Jonathan’s eligibility in court

    APC Reps to challenge Jonathan’s eligibility in court

    Following the declaration of President Goodluck Jonathan to run for Presidency in 2015, a group of lawmakers from the All Progressives Congress (APC) in the House of Representatives have said they will challenge his eligibility in court.

    Jonathan, after declaring his intention to run last Thursday, set up a team, chaired by former Minister of Defence, Dr Bello Haliru, to handle his campaign.

    One of the lawmakers, Nasiru Sule Garo, representing Gwarzo/Ikabo Federal Constituency of Kano State, spoke on the pending action.

    He said: “People are ready to go (to court). We are just waiting for him to declare. For now, he is not a candidate. He is just being endorsed, like it happened during (the late Gen. Sani) Abacha’s regime, when selfish individuals were just coming out to say that Abacha was the sole candidate of every other party.”

    The lawmaker hinged the fresh agitation to contest Jonathan’s eligibility on the Supreme Court ruling on former Adamawa State Governor Boni Haruna, which quashed his re-election bid after completing the tenure of his predecessor and another four years.

    He said: “By the Constitution of Nigeria, I don’t think the President (Jonathan) has any right for now to contest. He has been sworn in twice and our constitution says that a person shall occupy the Office of the President for two terms of four years, which makes it eight years. This President has occupied this position for two years and he contested an election and he is occupying for four years, which makes it six.

    “If he seeks a re-election, it means he is going to be sworn-in for the third term. That one too can be contested. Is he going to serve for two years and then we do another election, or is he going to violate the constitution and serve for four years, which would make him the President of Nigeria for 10 years? So, there are a lot of questions that need to be clarified by the court before he even contest for that position.”

  • Diplomatic passport: Senators, Reps still on eligibility list

    Diplomatic passport: Senators, Reps still on eligibility list

    DESPITE the row over moves to review issuance of diplomatic passports by the Nigeria Immigration Service (NIS), there were indications yesterday that senators and members of the House of Representatives are still on the eligibility list.

    The Presidency, however, alleged that the House of Representatives actually initiated the process to review issuance of diplomatic passports in 2012 because of abuse by some Nigerians.

    Also, the NIS through its Public Relations Officer, Chukwuemeka Obua (CSI) yesterday said the Immigration Service was yet to receive directive from the Federal Government to review the guidelines for diplomatic passports.

    Members of the National Assembly are still on eligibility list, it was learnt.

    A source in Immigration Service said: “We have not tampered with eligibility list at all. By our records, members of the National Assembly are still on the list of beneficiaries of diplomatic passports.

    “We have had cases of abuse but they had nothing to do with Assembly members.

    “We need to clarify this because we do not want a crisis between the Executive and the Judiciary.”

    A source in the presidency, who spoke with our correspondent, said it was the House of Representatives which initiated the review of the process of issuing diplomatic passports in 2012.

    The source added: “In 2012, the House Committee on Interior organised a public hearing on a bill seeking to amend Passport (Miscellaneous Provision) Act Cap. P1 Laws of the Federation of Nigeria 2004.

    “The lawmakers wanted the list of diplomatic Passport holders to be scaled down. The legislators also demanded a reduction of the discretionary powers of the President to issue diplomatic passports to any Nigerian.

    “Actually at the hearing, the Chairman, House Committee on Interior, Bature Umar said some holders of diplomatic passports had abused the privilege. He said there was need to review the process of its acquisition.

    Bitrus Kaze (PDP Plateau), who also spoke at the hearing, said “the amendment is just to situate those suitable.”

    “So, where is the fault of the presidency? Why are they now crying over what they initiated? All those who participated at the hearing are alive. Nigerians should speak with them.”

    The Nigeria Immigration Service, through Obua (CSI) yesterday said it was yet to receive directive from the Federal Government to review the guidelines for diplomatic passports

    The statement said: “For the avoidance of doubt, the NIS wishes to categorically sate that extant guidelines on the issuance of such travel documents have not been changed and are firmly in place.

    “No instruction has been received to review the guidelines to target any segment or category of Nigerians. Members of the National Assembly are being issued Diplomatic passports upon application.

    “The NIS hereby urges all to endeavour to cross check very sensitive matters such as this before rushing to press to avoid heating up the polity and causing unnecessary disaffection.

    “We are committed to acting professionally in the performance of our statutory duties under the guidance of relevant laws and guidelines.”