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  • Supreme Court refuses appeal by sacked Kwara APC exco

    THE Supreme Court has struck out an appeal by members of the sacked executive of the All Progressives Congress (APC) in Kwara State, led by Ishola Balogun Fulani.

    A five-man panel of the Supreme Court, led by Justice Olabode Rhodes-Vivour, held in a unanimous ruling yesterday, that the appeal was without merit.

    Justice Olukayode Ariwoola, in the lead ruling, noted that the appeal, being on an interlocutory decision of a High Court in Ilorin, the record ought to be compiled and transmitted within 14 days, as required under Order 7 of the Supreme Court’s Rules.

    Justice Ariwoola held that the appellants, having failed to comply with the court’s rules when they transmitted the record of appeal outside the 14-day period, the appeal becomes incompetent.

    “The appeal is adjudged to be lacking in merit. It is struck out for being incompetent,” Justice Ariwoola said.

    Other members of the panel, Mary Odili, Centus Nweze and Amina Augie, agreed with the lead ruling.

    Read also: N6b fraud: Court orders trial-within-trial in Jang’s case

    The national leadership of the APC, led by Adams Oshiomhole had last year, sacked the Fulani-led exco, following the defection of the Senate President, Dr. Bukola Saraki, from the party to People’s Democratic Party (PDP) and constituted a caretaker committee, led by Bashir Bolarinwa, a decision members of the sacked exco challenged before the High Court in Kwara State.

    In its judgment, a High Court in Kwara State held in favour of the sacked Fulani-led exco, a decision that was later reversed by the Court of Appeal in Ilorin, prompting the appeal to the Supreme Court.

  • Senate presidency: Lawan ‘ll ensure all-inclusive Senate, says Abdullahi

    SENATE Committee on Media and Public Affairs Chairman Senator Aliyu Sabi Abdullahi yesterday assured that Senator Ahmad Lawan as Senate President will ensure an all-inclusive upper chamber, irrespective of political party leaning.

    Abdullahi, who is also the spokesperson Ahmad Lawan for Senate President, assured that the Senate Leader would garner the votes of more than 73 senators on the day of inauguration.

    He told reporters in Abuja that the aspiration of Lawan is to have a Senate that would work for Nigeria and Nigerians.

    The senator said Lawan has been working assiduously to talk to senators-elect across party lines on why he should be elected.

    Abdullahi noted that given the track record of Senator Lawan in his 16 years of being in the National Assembly, the Yobe North senator understands the feelings of the opposition “because he was one of them before and he will not abuse that privilege”.

    He said the notion by the People’s Democratic Party (PDP) senators that they would be excluded, should be withdrawn forthwith.

    What they were planning to do, he said, is to have a Senate that would be for all senators.

    Read also: Senate set to override Buhari’s veto on two bills

    Abdullahi said: “Senator Ahmad Lawan is leaving no stone unturned in talking to his colleagues across party lines. Let me say very clearly that the nature of parliament is such that you cannot shut anybody out. It is not possible.

    “I want Nigerians to look at those of us who are the actors and take note of what we say. That is the most important thing. I want to submit and assure Nigerians that by the special grace of God, if Senator Ahmad Lawan gets there, he will run an all-inclusive government because the Senate is the Senate of the Federal Republic of Nigeria.”

    But, a group of youths in the All Progressives Congress (APC) under the auspices of the APC Youths Solidarity Network yesterday urged the party’s leadership and the Presidency to throw open the position of the Senate President to all elected senators from the Northeast geopolitical zone.

    The group said this will ensure equity justice and fair play.

    Addressing a news conference in Abuja yesterday, the group said the party must take concrete steps to avoid the mistakes of 2015.

    It alleged that anointing the Senate Leader, as the Senate President would not augur for the party.

    They alleged that Senate Lawan is currently hobnobbing with members of the opposition PDP, promising the positions in the 9th Senate, adding that while they believe that he has the right to aspire to the seat, the senators should be allowed to choose their leaders.

    Spokesman of the youths, Shuaibu Usman,  claimed that as stakeholders in the Nigerian project and having worked for the success of the party, they believe that President Muhammadu Buhari deserves a National Assembly that will not sabotage his second term in office.

  • Golden Eaglets off to Tanzania

    Five-time world champions, Nigeria flew out of Abuja on Wednesday on their way to Tanzania to take part in the 13th Africa U-17 Cup of Nations taking place in that country from 14th – 28th April.

    Players and officials were seen off at the airport by Acting President of NFF, Seyi Akinwunmi, who charged them to do the nation proud by lifting the U-17 AFCON trophy in Dar es Salaam on the April 28th.

    The Golden Eaglets secured a ticket to Tanzania after winning the WAFU B U-17 Tournament in the Niger Republic in September last year and will be aiming to be one of Africa’s four flag-bearers at the FIFA U-17 World Cup finals already scheduled for Brazil later this year.

    Nigeria, Africa’s U-17 football powerhouse, edged fellow juggernauts Ghana on penalties in Niamey to secure their slot in Tanzania, and are in the same Group A as hosts Tanzania, Uganda and Angola.

  • NIMASA set to end cabotage waivers

    The Nigerian Maritime Administration and Safety Agency (NIMASA), yesterday, commenced the process that will end the regime of cabotage waivers in the country. The process, which began with a brainstorming session of critical stakeholders in the maritime sector at the Eko Hotel and  Suites, Lagos, is expected to present a roadmap for the exercise within five years.

    The stoppage of the waivers, it was gathered, would be in phases, and would ultimately make room for indigenous shipowners take charge of local cabotage trade.

    The Coastal and Inland Shipping (Cabotage) Act 2003, which came into force in 2004, aims primarily to reserve the commercial transportation of goods and services within the country’s coastal and inland waters to vessels flying Nigerian flag, owned and crewed by Nigerians, and built in Nigeria.

    Read also: NIMASA donates relief materials to displaced persons

    Speaking at the meeting, Director-General of NIMASA, Dr. Dakuku Peterside, said the agency is determined to bring to an end the waivers regime, so as to allow cabotage flourish in the country.

    “For a very long time, indigenous operators have been very concerned about cabotage waivers. This stems from the fact that it appears that waivers is now a norm instead of exception. We are determined to bring to an end the waivers regime so that cabotage will flourish in Nigeria and Nigerians will benefit from coastal trade,” he said.

    According to the NIMASA boss, the agency has taken preliminary steps to give Nigerian operators a strong footing in the Cabotage regime.

  • Enugu DisCo upgrades injection substations

    Enugu Electricity Distribution Company (EEDC) has begun plan to upgrade its Agu-Awka injection substation from 7.5MVA capacity to 15MVA, having taken delivery of a brand new 15MVA power transformer, which the company ordered from overseas.

    This is coming less than 24 hours after the upgrade of its Ebeano Tunnel Injection substation from 7.5 MVA to 15MVA.

    The firm’s Head of Communications, Emeka Eze, said the upgrades are meant to match the rapid increase in load demand by customers as well as significantly improve the quality of power supply to the affected areas.

    He said the upgrade of Agu-Awka injection substation lasted three days between April 6 and April 9.

    Ezeh further said that as a result of this development, electricity customers served by the substation were are out of supply during the period of the upgrade.  He mentioned the areas affected as Agu-Awka GRA, UniZik, parts of Nkwele Awka, Amenyi Awka, CBN, Juhel, Millennium Industry and Nodu Okpuno, adding that these capital intensive upgrades embarked on by EEDC are in addition to the ongoing construction of a 1 x 7.5MVA injection substation at ABS, Awka. The project which is near completion is expected to improve electricity supply to Okpuno, Isuaniocha, Mgbakwu, Urum, Amanuke and the university communities.

    EEDC, therefore, sincerely apologised for the inconveniences this caused the customers in Awka. “It is all geared towards improving the quality of service we offer to our customers,” Ezeh said.

    Last year, EEDC delivered major network enhancement projects ranging from deloading of feeders, deployment of relief transformers and replacement of failed transformers. In Enugu State, EEDC completed and commissioned the 1 x 7.5 MVA Nike Lake injection substation at Nike, which greatly improved electricity supply to the entire Nike area and parts of Abakpa..

  • Ijaw group petitions Akeredolu, alleges marginalisation

    Indigenes of Arogbo Ijaw community in Ese-Odo Local Government of Ondo State resident in Lagos have rejected the composition of the 11-man committee recently inaugurated by Governor Rotimi Akeredolu for the creation of local council development areas in the state.

    In a communiqué after a meeting convened by the Arogbo Ijaw Community Organisation (AICO) to deliberate on the matter, the community said though the idea of creating more council areas as a catalyst for development is a step in the right direction, the non-inclusion of an Ijaw person in the committee to represent the interest of their people is not acceptable.

    The statement by the convener of the meeting, Goodluck Kpemi and AICO Chairman, James Ashidi, said the Ijaw terrain is difficult to access and that the committee would require the knowledge of people within the area to carry out its investigation there.

    REad also: Akeredolu showcases Ondo economic potentials in Dubai

    It reads in part: “It is against this background that we appeal for the inclusion of our representative to ensure that the outcome of the assignment does not bristle with problems capable of enveloping the entire Niger Delta axis of Ondo State.

    “Already, we have a functional council area created by Second Republic Governor Adekunle Ajasin of blessed memory, in fulfillment of a campaign promise by the late Pa Obafemi Awolowo, who visited Arogbo in 1979 while on a campaign trip. Before it was created, the late Pa Ajasin went the whole hug to ensure a peaceful exercise, by co-opting some indigenes of Arogbo Ijaw to work with the government. This helped tremendously in nipping many problems in the bud.”

    Mr. Suffy Uguoji, who identified himself as the AICO liaison officer for Abuja, Lagos and Akure, said the government ought to have co-opted a person of Arogbo Ijaw extraction into the committee, since the area is the only non-Yoruba speaking one in the state.

    He said: “Ondo State is a purely Yoruba-speaking state and the 11 members of the committee are all Yoruba-speaking. The only group in the state that does not speak Yoruba are the Ijaws.

  • Alumnus to donate building to UNN

    Chief Executive Officer of Future Concerns Group Anthony Oguike has laid the foundation for the construction of a multi-million naira Biomedical Engineering building he plans to donate to the University of Nigeria, Nsukka (UNN).

    Performing the ceremony, Oguike, an alumnus of the university,‘ said the edifice would be named Solomon Oguike Building’  in memory of his late father,  who was a lecturer in the Faculty of Biological Sciences of the  institution.

    He said the building, valued at over N120 million, would be completed and inaugurated by September.

    Oguike said his major concern was for students to have a better learning environment and facilities than what was obtainable in his student days.

    “I desire the best for these young people. That is why I feel obligated to do whatever I can to help them,” he said.

    The safety expert said he was motivated by a sense of responsibility to give back to the institution that laid a good foundation for his success in life.

    REad also: Umeadi is UNN visiting professor of law

    Vice-Chancellor of the university Prof Benjamin Ozumba described Oguike as a distinguished alumnus with a heart of gold.

    He praised the donor for his exemplary show of interest in the development of his alma mater.

    “Many people had been here and they left without looking back, but you have shown that you are a rare breed, Ozumba said  urging other alumni of the institution to toe the donor’s path.

    The Dean Faculty of Engineering, Prof Val Ekechukwu, described Oguike as a great contributor to the faculty, having constructed modern restroom for staff and students, built a solar power station and donated project vehicles to the department.

    Ekechukwu said Oguike’s latest donation would enable the Faculty realise its ambition of going into Biomedical Engineering.

    He thanked the donor for mobilising the contractor for the timely completion of the project.

  • Rivers APC Primaries, INEC and Supreme Court uncertainty

    In this piece, Kenneth Atavti examines the discord in the Rivers State All Progressives Congress (APC) and the danger of relying on litigation, instead of seeking political solutions to intra-party conflicts.

    Although the 2019 general elections in Rivers State have come and gone, the controversy surrounding the disqualification of the All Progressives Congress (APC) from fielding any candidates at the elections shows no sign of abating.

    In an unprecedented decision, on 7 January 2019, Hon. Justice Omotosho of the Federal High Court, Port Harcourt Division, delivered a judgment (in a suit instituted by Senator Magnus Abe) barring the APC in Rivers State from fielding any candidates at any level for the 2019 general elections and restraining INEC from accepting or presenting the names of any APC candidate for the elections.

    The court based this decision on the failure of the APC to conduct valid primaries “in accordance with due process”, particularly because the primaries were conducted during the pendency of a suit on the same issue and the existence of a ruling barring the APC from fielding candidates delivered by Hon. Justice C. Nwogu of the Rivers State High Court.

    The Court of Appeal, Port Harcourt Division, subsequently granted an order of stay of execution against the judgment of the Federal High Court, with the Hon. Justice A. Gumel who delivered the lead judgment declaring that: “And by this ruling today, APC in Rivers State and their candidates are free to participate in the elections.

    They can go about their campaigns, go about everything that is lawful to ensure that they are on the ballot and that INEC should ensure that their names get back to the list.”

    Shortly thereafter, the Court of Appeal upturned the decision of the High Court of Rivers State and affirmed the right of the APC to field candidates at the elections. This ruling of the Court of Appeal was later set aside by the Supreme Court which invoked its original jurisdiction under Section 22 of the Supreme Court Act. This, in effect, meant that the judgment of the Federal High Court remained valid, binding and subsisting against the APC in Rivers State.

    In what may be described as delivering a final and mortal blow to the APC’s chances at the general elections in Rivers State, in February 2019 the Supreme Court dismissed a separate Appeal filed by the faction of the APC in Rivers State loyal to the Minister of Transportation, Rotimi Amaechi, as well three other Appeals filed by the APC, Ojukaye Flag-Amachree and Tonye Patrick Cole on the grounds that they were statute-barred, having been filed outside the time allowed under Section 285(9) and

    (12) of the Constitution (4th Alteration Act). On the basis of these decisions of the apex court, INEC excluded all candidates of the APC in Rivers State from the ballot.

    To many keen watchers of Rivers State politics, the decisions of the Supreme Court upholding the decisions of the Federal High Court and the High Court of Rivers State barring the APC from fielding candidates had finally and completely disposed of the controversy surrounding the subject.

    Indeed, many had taken the matter as conclusively settled, given the fact that the apex Court had finally pronounced on the matter. For these persons, the subsequent announcement of fresh dates for the hearing of four appeals filed by Senator Magnus Abe, Tonye Cole and the APC at the Supreme Court would have come as a rude shock indeed.

    These appeals ostensibly arose from various suits instituted by members of the heavily-factionalised Rivers State APC seeking an interpretation as to whether valid primaries held, and if so, which faction of the party is to be recognised as having the right to present candidates.

    The Supreme Court has now fixed April 8 and 11 2019 for the hearing of these appeals.

    Ordinarily, the pendency of these Appeals ought not to evoke any worry or controversy, given the prior repeated affirmation by the Supreme Court of the decision of the Federal High Court and the High Court of Rivers State which both held that the Rivers APC could not validly nominate candidates for the 2019 general elections. It ought to be predictable that the Supreme Court will stand firm on its own established precedents.

    It is to be noted that none of the appellants currently before the Court has formally invited the Supreme Court to reverse its position as expressed in its preceding decisions on the Rivers APC debacle. This is crucial because unless this procedure is invoked, upon which the Acting Chief Justice of Nigeria will be obligated to empanel a full constitutional panel of seven Justices of the Supreme Court, the Supreme Court will have not the jurisdiction to reverse an earlier decision [ADEGOKE MOTORS LTD V ADESANYA;

    Unreported Decision of the Supreme Court in SC 186/1988 delivered on 19th May 1989].

    Thus, the current panel slated to hear the Appeals fixed for April 8 and 11th 2019 cannot possibly wield any jurisdiction to reach a contrary position on the matter.

    Again, legal commentators have expressed concern over the hearing of these appeals after the conduct of elections and the announcement of a winner. The reasoning appears to be that because INEC has proceeded to conduct elections in Rivers State, any dispute or legal question that might affect the outcome of that process is no longer within the purview of the Supreme Court or any other conventional Court, but falls exclusively within the jurisdiction of the election petition tribunals.

    This appears particularly important when it is considered that a decision of the Supreme Court which has the effect of nullifying the elections already conducted may be tantamount to a situation where the apex court has usurped the functions and powers of election petition tribunals.

    Already, the law is clear that election petition tribunals can nullify elections on the ground of the improper exclusion of a validly nominated candidate.

    Still another hurdle for the Supreme Court to cross, should it be inclined to reverse its prior decisions, is the fact that about 91 political parties which participated in the elections in Rivers State at several levels have not been joined to the appeals currently pending before the Supreme Court.

    Thus, the question that seeks an answer is whether the apex Court can proceed to make a decision affecting the interests of these 91 political parties in their absence. The unanimous position of legal practitioners interviewed in the course of this article is that the law frowns at such a situation.

    According to one, “you cannot shave a man’s head in his absence.”

    Finally, from a study of the appellants’ processes, it is apparent that the various appeals seek orders as to whether primaries held or, if they did, what faction’s primaries is to be recognised.

    None of these appeals seek any order nullifying the elections in River State- precisely because the elections were not in contemplation.

    It is elementary law that a court cannot grant reliefs not sought of it. The question again arises: what will be the effect of a Supreme Court decision which effectively nullifies the election, even though it has not been prayed to do so and given the fact that it is the election petition tribunal that has the jurisdiction to do so?

    As all eyes now focus on the Supreme Court, it remains to be seen what course a Court still reeling from the effect of its greatest upheaval in decades would chart going forward, particularly in politically-charged cases.

    However, what seems to be clear is that the Rivers APC case may indeed prove to be the litmus test for assessing the direction and legacy of the Acting CJN and the entire court in the foreseeable future.

  • Suspected herdsmen kill farmer, mother, daughter

    Suspected herdsmen have shot dead three persons at Abraka in Ethiope East Local Government Area of Delta State.

    Among the victims were a 55-year-old mother and her 18-year- old daughter.

    Abraka has been attacked by suspected herdsmen several times since last year. Over 18 people have been killed.

    The Nation gathered that the victims were ambushed while returning from farm.

    An eyewitness, who preferred anonymity, said the incident occurred yesterday at about 5:30pm on Reserve Road, Abraka.

    It was learnt that one of the victims, identified as Kennedy Ukuwanorvwe, 27, was killed by the suspected herdsmen at about 7pm.

    Read also: Herdsmen attacks: security personnel deployed in Anambra community

    The Nation gathered that the herdsmen also killed an 18-year- old girl and her mother at Abacha camp. The victims were returning late from farm.

    Abacha camp is a farming area occupied by indigenes of Abraka and Obiaruku.

    It was learnt that one of the victims was identified to be an indigene of Obiaruku in Ukwuani Local Government.

    The Nation gathered that the bodies have been deposited at a morgue.

    Police Commissioner Mr. Adeyinka Adeleke said the bodies had been recovered, adding that it was premature to conclude that the killers were herdsmen.

    He said investigations are on.

  • National Assembly leadership power play

    The constitution of the leadership of the Ninth National Assembly is already generating needless controversy, fuelled by ego-induced muscle flexing, a tendency to Machiavellian tactics and a penchant for political skulduggery.  What we are witnessing is the crass individualism of politicians whose selfishness overrides all principles of decency and consideration for the public good. I suspect a large number of these people are ignorant of the practical workings of democracy, while others are knowledgeable but are up to mischief – call it political power play. This category relish the grandstanding on the public gallery and the name recognition it engenders. For them, it is machismo, the political swagger.

    The normal practice in a democracy is for the majority party to hold sway. It is this principle that prompted the saying that in a democracy, the minority will have their say, but the majority will have their way.  Nigerian legislators cannot rewrite this principle. Also, in a democracy, a synergy is expected between the executive and the legislature when a party produces the president and also has the majority in the legislature because the presidency and the legislature in such a scenario are to implement the same party manifesto, with the party leadership serving as a clearing house – the coordinator. The convention in presidential democracy is for the majority party to produce the leadership in the legislature as well as committee chairmen, according to hierarchical ranking.  In the U.S., the most senior minority party member on a committee is designated ranking member; where party majority changes, the ranking member becomes the committee chairman. So, in the current situation at the National Assembly, the two principal positions should not be subject of tussle – the senate majority leader, Ahmad Lawan, should succeed to senate presidency while the house majority leader, Femi Gbajabiamila, assumes the speakership of the House of Representatives. Other principal positions are similarly aligned. Rankings are adopted to prevent undue acrimony in succession in the U.S. Congress.  What happened in the 8th National Assembly senate where an opposition member became senate vice president is an aberration that should not be allowed to repeat itself.  With the opposition scheming to hijack the leadership of the National Assembly and some members of the ruling All Progressives Congress (APC) in open rebellion against the party’s decision on leadership of the chambers, with senators Ali Ndume and Danjuma Goje as poster boys of this rebellion, the battle line is drawn.

    One is scandalized when some self-serving Nigerian legislators and their duplicitous, surrogate commentators in the media parrot the ideological inanity of separation of powers in a democracy and that the legislature should not be a rubber stamp of the executive. But, ultimately, is government not a unified entity? Are the various arms of government expected to be at each other’s throat, work at cross purposes, in asserting a theoretical separation of powers?

    Now, take the example of parliamentary democracy in Britain. In the British parliament, it is from among members of the legislature (The Commons) that the executive is formed with the leader of the majority party emerging as prime minister. In America’s presidential system of democracy, the vice-president even doubles as president of the U.S. Senate!  The American president appoints hundreds of federal judges, including those of the Supreme Court.  So, where, in reality, is the separation?  On this issue of the 9th National Assembly leadership, reason seems to have taken flight while emotion and mischief reign supreme, with some people. And rubber stamp legislature?  This is reflective of a cultural negativity where people don’t expect couples to live in harmony, thus a man supportive of his wife is dubbed a “woman wrapper’’.  Does a 9th National Assembly supportive of government development agenda make it a Buhari wrapper?

    The APC and President Buhari cannot succumb to the on-going blackmail. So far, the leadership of the APC, led by Comrade Adams Oshiomhole, has stood firm against the onslaughts. For the purpose of discipline in the party, he must stay the course. Nigeria’s fledgling democracy must establish a system of order. President Buhari cannot adopt a ’siddon look’ or tepid approach. He should not be shy of exercising presidential power in the current situation.  A former American president, Lyndon B. Johnson, had a way of bringing difficult members of Congress around. They get invited to the White House and President Johnson ‘’leans’’ on them. President Buhari must ‘lean’, heavily on some people, if it will take that to bring sanity to the issue of leadership of the 9th National Assembly.

     

    • Dr. Olawunmi, a public affairs analyst and former Washington Correspondent of the News Agency of Nigeria (NAN) is a Fellow, Nigerian Guild of Editors.