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Tag: refusal

  • Wike: refusal to sign Electoral Act is plan to rig poll

    Rivers State Governor Nyesom Wike has said the refusal of President Muhammadu Buhari to sign the amended Electoral Act is part of the plot to rig the 2019 general election.

    Wike, in an interview yesterday in Port Harcourt, added that the All Progressives Congress (APC) was planning to write results against the wishes of Nigerians.

    He said: “Why has the President not signed the Electoral Act? What is the fear? What do you mean by mistakes? Oh my God, what is a mistake? Errors you didn’t see by one month’s time? Errors for the first time, the second time, the third time. Does it not tell Nigerians these people are not prepared for election?

    ” All they are prepared is to write the results and let heaven fall. Most of them who have left PDP to APC told me that. My brother; look I can confidently tell you that these people are not prepared for the election. All they want to do is write the results, let heaven fall.”

    Governor Wike noted that the APC Federal Government and the security agencies will not succeed in rigging the elections in Rivers State.

    He said: “In my state? It won’t happen. I know they will kill a lot of people. I can tell you, they will kill a lot of us. No problem, if that is the sacrifice we will make. ”

    The governor explained that intelligence at the disposal of the government showed that indicted SARs Commander Akin Fakorede and Deputy Commissioner of Police Stephen Hasso feature prominently in the rigging plot of the APC Federal Government in the state.

     

     

    He said: “They are planning for Rivers State as I speak. Let me tell you. They are promoting my commissioner of Police to assistant inspector general of Police, they are promoting the deputy commissioner of Police, who was just made a deputy commissioner of Police (Operation) to be acting commissioner of Police and the SARS man who took Rivers State government to court, who has perpetrated rigging of election even by INEC report; they are going to make him the man in charge of Operations just for the purpose of 2019 elections.

    “Akin Fakorede, to be  made the head of Operations of the State Police Command, then Stephen Hasso who is the deputy commissioner of Police will be made the acting commissioner of Police and the current commissioner of Police will be appointed assistant inspector general of Police for the purpose of 2019 elections and they think that we don’t know.”

    The governor said the international community was under obligation to take proactive action against officials of the APC destroying the foundation of democracy and the rule of law.

    “If it were where things are done rightly, they should revoke all the visas of those in government who are opposed to democratic rule, principles, rule of law. Let me tell you whether you like it or not, this government is bent on eliminating the key opposition”.

    He said the electoral criminality plotted by the APC was exhibited during the cancelled Port Harcourt State Constituency 3 election where security agencies and thugs were unleashed on the constituents.

    The governor said: “Look at the by-election in Port Harcourt Constituency 3, comprising eight wards, 142 polling units within the same area. It is a ring road like this; it will not take you 30 minutes to cover them. The commissioner of Police, as I speak to you since after the election has not seen me to explain to me why all the atrocities were perpetrated; snatching electoral materials, and beating of INEC officials…”

     

     

  • A commendable refusal

    •Justice Adeniyi deserves kudos for not allowing his court to be used to ridicule the judiciary in the Omisore case 

    Ordinarily, we have no business commending anyone for doing his or her job diligently. But in a situation where anything goes, as in our courts where some judges throw caution to the winds by granting all manner of injunctions, or give contradictory rulings in even similar cases, a judge who does things differently and appropriately deserves to be commended.

    Here, we are referring to Justice Olukayode Adeniyi of an Abuja High Court who turned down the request by Senator Iyiola Omisore, former Deputy Governor of Osun State, to order the Economic and Financial Crimes Commission (EFCC) to release him from detention, pending when a charge is formally entered against him by the anti-graft agency. He was detained by the commission on July 3, over about N1.3billion that he allegedly received from former National Security Adviser, Col. Sambo Dasuki.

    But Justice Adeniyi turned down the prayer because his detention was the product of a subsisting court order. He said the remand order that the EFCC secured permitted Omisore’s detention for 14 days in the first instance, pending the conclusion of investigation into the allegations against him. He backed his position with sections 293, 294 and 296 of the Administration of Criminal Justice Act, ACJA, which permit the commission to renew the remand order for another 14 days if circumstances so warrant.

    “Having considered the totality of submissions of counsel in this matter, it has been established that there is a reasonable cause to remand the applicant in the custody in line with the provisions of the law.

    “At any rate, there is no provision for entertainment of any application for bail, when the remand order issued by the court subsists. In order words, the 14-day remand order granted by the court is to run its full course”.

    Since Omisore was detained on July 3 on the basis of a remand order, he could not have gone to court to quash the order (because that was what his prayer amounted to) until July 17, at least in the first instance. However, he went to court again on July 14, three days to the expiration of the court order, to seek his release on bail. This was something that could still be renewed under the law for another 14 days.

    We are surprised that Senator Omisore’s counsel could have gone to court to seek this kind of undue indulgence, being a learned fellow, thereby wasting the time of the court. Even if they would go to court for such a prayer, should they have taken the matter to a court with coordinate jurisdiction with that which granted the order in the first place?

    All these explain why we singled out Justice Adeniyi for praise because we have many examples of cases in parts of the country where the courts had failed to take cognisance of such matter and still went ahead to give what eventually amounted to contradictory orders. The one that readily comes to mind is Sheriff vs. PDP which created so many variants with each party approaching different courts with coefficient jurisdiction, with the hope of getting undue advantage over the other.

    As Justice Adeniyi noted, a request like Senator Omisore’s is “premature and incompetent”. Yes, the court has the power to admit a suspect on bail, but that is when there are sufficient reasons for it to do so. Even at that, such power, like most other powers, goes with the responsibility of ascertaining the legality of such orders.

    What Justice Adeniyi has done is to take charge of affairs in his court. This is what is lacking in some of our judges who allow lawyers call the shots in the courtrooms, thus giving many Nigerians the impression that the courts are working against the government’s anti-corruption war. Judges do not have to abdicate their responsibilities to lawyers or politicians. Both often work at cross-purposes with natural justice, especially when politically-exposed persons are involved in matters pertaining to corruption.

  • That PDP offer of first refusal to Jonathan

    That PDP offer of first refusal to Jonathan

    SIR: As a prelude to the 2015 general elections, the Peoples Democratic Party, PDP, offered what they call an offer of first refusal to President Goodluck Jonathan to fly the party’s flag in the forthcoming Presidential election. This means that the party has endorsed President Jonathan as its candidate and other aspirants will only contest the primaries and vie for the ticket if he rejects the offer.

    For the past two years or so it would have been clear to any keen observer of Nigerian politics that President Goodluck Jonathan has not had any serious challenger to the office. Aside from that fact, when has any executive incumbent in Nigeria either at the federal or state level lost a re-election bid at the primaries?

    In 1983 the National Party of Nigeria, NPN did not make Shehu Shagari an offer of first refusal yet he was re-elected to the Presidency.  In 2003 despite the near-miss that President Obasanjo suffered in the hands of his deputy and power broker Atiku Abubakar, he was still not offered a right of first refusal to the Presidency.

    That this lexicon is gradually creeping into our political dictionary even when it has existed with us in an unorthodox manner as the “power of incumbency” shows that something is wrong and spin doctors are making a hell of an effort to justify it.

    They are so quick to point out that it also exits in United States of America from where we copied our presidential system of government but that is where the comparison ends. Those that make the unnecessary comparison however forget to tell Nigerians that the offer in the US is always tied to landmark achievements and performance.  Thomas Jefferson who was the first American President to be made that offer in 1805 was because of the landmark achievement of acquiring the massive Louisiana territory in 1803 from France thereby almost doubling American land mass as it was then. Several other American Presidents have been made that offer on the strength of their solid achievements and performance in office.

    To what then does President Jonathan merit this offer? Is it because Nigerian undergraduates stayed at home for more than six months because his government reneged on the agreement it made with university teachers some years ago? Is it because public hospitals were shut in Nigeria for more than two months  on account of a strike action by medical doctors as a result of an unfulfilled agreement on the part of the government?

    Is PDP making President Jonathan the offer on the grounds that Nigeria is the biggest economy in Africa where there is no stable power supply or where hunger is rising even as the economy is growing?

    The offer of first refusal did not even just come ordinary. It came with a baggage full of dirt and insult to the sensibilities of Nigerians. As part of the offer, all the first term PDP governors are to be returned unopposed whether the governor performed well or not; all serving PDP governors who aspire to go to Senate will be returned unopposed; the Senate President David Mark will have a jolly ride back to the Senate and all sorts of compromises at the expense of the ordinary Nigerian whose future is tied to an elite that conspires and consolidates for its own selfish interests.

    Why are we so blessed in copying the wrong things and leaving out the good ones?

    The efforts dissipated by the party and presidential image makers should better be channeled to more creative endeavours instead of trying to hoodwink Nigerians. Nigerians know better and will have their day in the polling booths come next year. It is for the party to make an offer of first refusal to anybody but the person will have to contend with Nigerians come February next year.

     

    • Chukwuma Okoro,

    Abule Oshun, Lagos

  • Igali protests Uzbekistan’s refusal of entry

    Igali protests Uzbekistan’s refusal of entry

    The president of the Nigeria Wrestling Federation (NWF), Daniel Igali has written to the International Federation of Associated Wrestling Styles (FILA) to protest the decision of the Uzbekistani government to deny him access into the country for the FILA Congress in Tashkent, where elections into the Bureau are supposed to hold.

    The Sydney 2000 Olympic gold medalist is vying to become an Executive Committee member of FILA in an election scheduled to hold on  September 7 during the World Wrestling Championships. Igali will be contesting against over 10 candidates for five available seats.

    However, Igali’s dream of becoming the first elected African on the FILA Bureau has come under serious threat following Uzbekistan’s refusal to allow Nigeria’s contingent entry into their country for the World Wrestling Championships because of the dreaded Ebola Virus disease (EVD).

    In a series of letters addressed to FILA President, Nenad Lalovic, copies of which were made available to SportingLife, the NWF boss explained the importance of his presence at the congress.

    The latest letter dated  September 2, 2014 reads: “Mr. President, I would like to get clarification from you on whether the said five federation Presidents (now six, if Senegal which recently had a case of positive Ebola infection) can be allowed entry into Tashkent for the FILA Congress. As Prince Sualley mentioned, there are stringent health checks in place at airports in these countries which make it impossible for affected persons to make it through these checks to board flights out of them. Sir, you know the importance of the FILA congress in the calendar of a National Wrestling Federation. More importantly, there are a few Presidents from these affected countries that are candidates for the FILA Bureau.

    “Sir, it would not be fair if we are not allowed to mingle with our colleagues and be involved in the horse trading that precedes an election of this magnitude. In my case, I belong to the Commonwealth nations numbering over 30 wrestling nations and the African Confederation that has over 40 wrestling nations. Aside the CALA President who sits on the Bureau in his position as a continental President, we have no elected representative on the FILA Bureau – a situation that needs to be corrected at these elections.

    “Mr. President, I am passionate about wrestling and would do whatever I can to serve the interests of wrestling. It would therefore be a huge disservice to the wrestling cause if I and my other colleagues are disallowed from participating at the FILA congress and the ensuing elections. I am prepared to submit myself to any kind of tests if that will placate the minds of the Uzbekistani authorities.

    “While awaiting your reply at your utmost convenience, please accept the highest esteem of the Nigeria Wrestling Federation.”

  • AMCON accuses Ogboru of refusal to repay loan

    The Assets Management Corporation of Nigeria (AMCON) has accused a former governorship candidate in Delta State, Great Ogboru, of being a chronic debtor, who is always unwilling to pay his debt.

    AMCON made the assertion yesterday before Justice Okon Abang of the Federal High Court, Lagos, at the resumed hearing of a suit it instituted against Ogboru’s company, Fiogret Limited.

    Its lawyer, Kunle Ogunba (SAN), while reacting to Ogboru and his company’s motion, challenging the jurisdiction of the court to hear the suit, alleged that Ogboru and Fiogret take delight in accepting loans from banks without paying back.

    The alleged practice by Ogboru and his company, Ogunba allaged, they reason they always run to court to get injunction to stop debt recovery processes.

    The court had is the earlier granted AMCON an order, affirming Ogunba’s appointment as receiver/manager over Fiogret’s assets purportedly pledged by Ogboru as security for a loan obtained by the company from Equitorial Trust Bank (now part of Sterling Bank), a development that prompted Ogboru and his company’s motions.

    The first motion seeks an order vacating the earlier order affirming Ogunba’s appointment as receiver/manager over Fiogret’s property situated on Plot 43, Norma Williams street, Ikoyi; Plot 230-234, Owotu-Ikorodu and Plot 15, Layi Ajayi-Bembe Street, Parkview Estate, Ikoyi, Lagos.The second motion challenged the jurisdiction of the court to entertain the suit.

    Upon the court’s permission, Ogboru’s lawyer, Professor McCarthy Mbadugha argued the second application. He contended that the suit was an abuse of court process because there was a pending suit before Justice Adamu of the Federal High Court, Abuja on the same subject matter.

    Mbadugha said the Abuja court had earlier issued a perpetual order, restraining AMCON from taking over Ogboru’s property. He also faulted Ogunba’s appearance in the case, saying the lawyer already has financial interest in it, having been appointed as receiver/manager.

    Mbadugha urged the court to dismiss the suit.

    Ogunba, while responding, recalled that Ogboru once agreed that N33 million, which formed the principal of the loan was outstanding.

    “He (Ogboru) has not paid, but wants the court to determine the interest. The action of people like Ogboru wrecked some banks in Nigeria,” Ogunba said.

    He also faulted Mbadugha’s argument that he was not qualified to appear for AMCON in the case, saying there was no specific prayer to that effect by the defendant in the motion paper. Ogunba argued that Ogboru’s motion was misconceived, and ought to be dismissed.

    Justice Abang adjourned the case to March 22 .

  • ‘Jonathan’s refusal to reinstate Salami a stain on democracy’

    The refusal of President Goodluck Jonathan to reinstate the suspended President of the Court of Appeal, Justice Isa Ayo Salami, has been described as a “big stain on Nigeria’s democracy.”

    Speaking with The Nation yesterday, an elder stateman, Chief Deji Fasuan, said he wondered “why President Jonathan would not rise above the promptings of his party to reinstate Justice Salami in a case that has turned out to be an entire hoax as proved by the National Judicial Council (NJC).”

    Justice Salami, on August 19, 2011 was suspended by the NJC at an emergency meeting.

    He was directed to hand over to Justice Dalhatu Adamu and recommended to the President for retirement.

    The meeting was, according to reports, presided over by Justice M.A. Bello, President of a Customary Court of Appeal.

    Fasuan said: “The story of Justice Salami represents a black spot in Nigeria’s political history. As things are now, President Jonathan and the Attorney-General of the Federation and Minister of Justice are dancing to the tune of some politicians.

    “What could be holding the President back from reinstating Justice Salami after the NJC has cleared him of his alleged wrong? Remember the NJC recommended his suspension.

    “We say this country does not belong to any political party. It is inconceivable that a jurist of Justice Salami’s calibre should be used as a football played by the Presidency, Attorney-General and some powerful Southwest politicians who have much to hide.

    “The present situation is a stain in the political and judicial history of Nigeria. In the long run, Justice Salami would not be the loser. Whatever the outcome of this case, it is the integrity of our democratic system that will be adversely affected.”