The Nation Newspaper

Tag: Yahaya Bello

  • Kogi Assembly calls for sustenance of JTF in crisis areas

    Kogi Assembly calls for sustenance of JTF in crisis areas

    The Kogi House of Assembly has urged the Kogi Government to sustain security through the Joint Task Force (JTF) which comprises of the army and other security agencies’ personnel in order to secure lives and property in crisis areas in the state.

    The call is part of the resolution of the House following the adoption of a Motion of Urgent Public Importance which urged the government to curb unwarranted killings and destruction of property raised by Mr Sunday Shigaba (PDP-Bassa) at plenary on Friday.

    The motion was sequel to the eruption of communal clashes between Bassa-Kwomu and Egbura-Mozum both of Bassa Local Government in Kogi where many lives were lost and properties worth millions of Naira were destroyed.

    Presenting the motion, Shigaba said that the crisis which erupted between the hours of 4 p.m. and 6 p.m. on Nov. 27 in Kpanche village claimed more than 10 lives, according to official report.

    The lawmaker said that a corpse was discovered in the bush following sprout of smell, adding that the casualty figure was not exhaustive as corpses of victims caught up in uninhabited places could still not be found.

    He said that the crisis, casualty figure of which was put at over 40 by unofficial reports, came at a time when people were passing through economic hardships resulting from recession which was taking its toll on the people.

    Shigaba described the consequences of the crisis as “colossal self-imposed loss and socio-political and economic imprisonment” that was avoidable if only the key actors in the crisis had accorded themselves mutual respect.

    Most disturbing of the crisis, according to him, is the fact that the security personnel (the Joint-Task-Force) in the race to quell the crisis got involved in an auto crash which left eight personnel injured and are presently hospitalised in Dekina and Lokoja.

    He commended Gov. Yahaya Bello and security agencies for the swift and timely response “which substantially helped in bringing the crisis under control” and commiserated with the army and the police for the injured personnel.

    Shibaga in his prayers, however urged government to sustain the presence of the task force team in the area pending the return of normalcy and urged that similar gesture be accorded all crisis-ridden areas in the state.

    Seconding the motion, Mr Godwin Osiyi (PDP-Ogori-Magongo) described the situation as a sad one, saying it was not healthy for communal clashes to become a recurring decimal in an area as it would retard development.

    The Speaker of the House, Alhaji Umar Imam, condemned the bloody clash between the two sister communities, saying that the loss of lives and property was unfortunate and commended the timely intervention of the governor and security agents.

    Imam thereafter put the question and following overwhelming support of members, adopted the motion along with the amendments.

  • Yahaya Bello as Scarlet Pimpernel

    Yahaya Bello as Scarlet Pimpernel

    FOR much of last week, Kogi State was rife with rumours of their vanishing and unpopular governor, Yahaya Bello, who assumed office in January after a controversial election that earned him a little over six thousand votes. While some said he was dead, others swore he was admitted at a German hospital where he was rushed to after he collapsed. Yet others said he went for eye surgery. But finally his spokesman told a disbelieving public only after the rumours had become unbearable that the governor was taking a break at an undisclosed location. The spokesman did not attempt to answer the question of why the governor must embark on a secret rest without handing over to his deputy through laid-down constitutional provisions. Or why his return was publicly put on show a few days later when his departure was shrouded in mystery.
    Kogi is in ferment. It is so badly run that it seems it has generated a curse of its own, perhaps making many people to wish the governor dead from the said indeterminate curse. Salaries are selectively paid, and projects, including the much-maligned roundabouts in the state capital, Lokoja, are left derelict. There is hardly any establishment where all public workers have been paid the same month’s salary, even in arrears. The state is left forlorn, with many Kogites, including his Ebira ethnic group, heartily cursing the All Progressives Congress (APC) schemers who imposed Mr Bello on them.
    Even if he has proved so inept at governing, wailed many Kogites, surely he shouldn’t also mismanage the simple, ordinary act of taking a holiday, whether at home or abroad, without following the law. That simple action does not require the ingenuity and discipline he so evidently lacks. The trouble, it seems, is that like many other politicians and party leaders at federal and state levels, and especially the Kaduna State governor, Nasir el-Rufai, Mr Bello is not a democrat. Mallam el-Rufai, now widely considered an irredentist and schemer, the reader will be sad to note, cannot even tolerate critics. The case of John Danfulani, a political science lecturer with the Kaduna State University who was forced to resign for criticising the governor, illustrates the disaster befalling many states.
    It is not clear how Kogi will endure Mr Bello for more than three more years in the spirit of democracy. He cannot be impeached, and he will not resign for incompetence. Whatever effort those who didn’t vote for him make — only some six thousand voters put him in office without a deputy — will naturally be thwarted by the governor’s powerful backers outside the state. Kogites will give anything at this moment to know what is on God’s inscrutable mind for Kogi State, especially in view of the sometimes peremptory manner he deposes rulers.

  • Supreme Court upholds Yahaya Bello’s election

    Supreme Court upholds Yahaya Bello’s election

    Yahaya Bello remains the elected governor of Kogi state, the Supreme Court ruled Tuesday, bringing to an end all the acrimonies around the election last year.

    The court which held all the nation on tenterhooks, while awaiting the judgement dismissed all the appeals filed by all the parties against Bello’s election last year.

    It dismissed the appeal by James Faleke, the deputy governorship candidate of Abubakar Audu, who died before the election result was announced and who was substituted in the supplementary election by Bello.

    Faleke contended that Audu had won the election and there was no need for the supplementary election. He argued further that as the joint holder of Audu’s ticket, he should be declared the winner of the election.

    But the justices did not agree with him.

    His appeal was dismissed for lacking in merit. The justices affirmed the decisions of the lower courts.

    The court also dismissed former Governor Idris Wada’s case against Bello.

    Also dismissed were appeals filed by the ADC and the Labour Party.

    The justices said reasons for all the failed applications would be given on Friday, the 30th of September, 2016.

    There were five appeals in all against the Court of Appeal rulings which upheld the election of Governor Bello.

    Audu of the All Progressives Congress died before the final announcement of results election conducted on November 21, 2015 by the Independent National Electoral Commission (INEC). The election was declared inconclusive.

    The re-run held on December 5, 2015 saw the emergence of Bello who became the torch bearer of the party after the death of Audu.

    Alhaji Wada, who contested the election on the platform of the People’s Democratic Party, PDP, and Mr. Faleke had approached the Supreme Court in August challenging Mr. Bello’s victory at the Court of Appeal.

    The appellate court had upheld an earlier judgement in June by the Kogi State Governorship Election Tribunal, which gave victory to the governor.

    The tribunal in the judgment read by its chairman, Justice Halima Mohammed said Mr. Faleke’s petition lacked merit and therefore threw it out.

    The tribunal further held that the fact that INEC declared the first election inconclusive meant no winner had emerged.

    It also said that all votes belonged to political parties and not the candidate who contested on their platforms.

    It said Mr. Faleke had no locus standi to challenge Mr. Bello’s nomination by the APC to replace Mr. Audu as he (Audu) was not the governor-elect.

     

  • ‘Supreme court must do what is right on Kogi’

    ‘Supreme court must do what is right on Kogi’

    1.    On September 20, 2016 the Supreme Court will determine one of the most brazen attempts to violate the Constitution of the Federal Republic of Nigeria when it gives its judgment in the matter of Idris Wada & Others v Yahaya Bello & Others.

    2.    The facts of this case are clear and as such do not require repetition. However, the legal issues are somewhat murky. While our laws did not envisage the scenario caused by the unfortunate death of late Prince Abubakar Audu and do not stipulate the pathway to follow to resolve the quagmire, they are very clear on what not to do in pursuit of a resolution.

    3.    In attempting to resolve the issues thrown up by late Audu’s death, the Independent National Electoral Commission (INEC) aided by the ruling All Progressives’ Congress (APC) took the option most prejudicial to democracy in Nigeria by permitting:

    i.    The substitution of the late APC candidate with Yahaya Bello;
    ii.    Passing off votes cast for the late APC candidate as votes cast for Yahaya Bello;
    iii.    Permitting Yahaya Bello to contest for the supplementary elections without a deputy governorship candidate, and
    iv.    Issuing him a certificate of return in furtherance of (iii) above.

    4.    Without prejudice to all the legal issues relating to this appeal, two fundamental issues can be distilled from the facts, both of which form the basis of our contention that Yahaya Bello ought to have been removed from office by the Kogi State Election Petition Tribunal and the Court of Appeal.

    i.    Were the Tribunal & Court of Appeal right to have upheld the election of Yahaya Bello in light of the provision of Section 141 of the Electoral Act?

    Section 141 provides that the Tribunal or Court shall not under any circumstance declare any person winner of an election if such a person did not fully participate in all stages of the election.

    This provision of law has already been applied and upheld by the apex court in a plethora of cases. These include: CPC v Ombugadu (2013) 18 NWLR (1385) 16; Gbileve v Addingi (2014) 16 NWLR (1433) 56; Eligwe v Okpokiri (2015) 2 NWLR (1443) 348; Jev v Iyortom (2015) 15 NWLR (1483) 484.

    The interpretation given to this section was that while Courts listening to intra-party disputes could declare a person who had not participated in all stages of an election winner, an Election Petition Tribunal or the Court of Appeal sitting as a court of first instance cannot do so.

    The facts are clear and unambiguous. Yahaya Bello did not participate in the elections of November 21st, 2015 where more than 230,000 votes which were allocated to him were cast.

    When the law and the judgments cited above are applied to the facts, it is impossible to reach a conclusion that the Tribunal and the Court of Appeal erred in finding in favour of Yahaya Bello.

    ii.    Were the Tribunal and Court of Appeal right to have held that Yahaya Bello could validly contest an election without nominating a deputy?

    Section 187(1) of the Constitution provides:

    “In any election to which the foregoing provisions of this part of this Chapter relate a candidate for the office of Governor of a State SHALL NOT be deemed to have been VALIDLY nominated for such office UNLESS he nominates another candidate as his associate for his running for the office of Governor, who is to occupy the office of Deputy Governor; and that candidate shall be deemed to have been duly elected to the office of Deputy Governor if the candidate who nominated him is duly elected as Governor in accordance with the said provisions.”

    The Supreme Court has, on several occasions interpreted that use of the word “SHALL” to connote an obligation that must be observed. In this context, the wording of Section 187(1), places an obligation on a gubernatorial candidate to nominate a running mate or face the risk of not being deemed to have been validly nominated to contest for such office.

    It is well known fact that Yahaya Bello did not nominate a running mate for the supplementary election of December 5th, 2015. It is also public knowledge that the person allegedly nominated on his behalf by his party, Hon. James Abiodun Faleke, wrote a letter to INEC & APC stating that he was not running mate to Yahaya Bello. It is public knowledge that Hon. James Abiodun Faleke went further to file a law suit challenging Yahaya Bello’s emergence as Governor.

    When the law is applied to the facts, there is no escaping the conclusion that the learned Judges at the Tribunal and the Court of Appeal erred in finding in favour of Yahaya Bello.

    To highlight the very contradictory nature of these findings, answers have to be sought for the following questions:

    a.    If Hon. James Abiodun Faleke was the deputy governorship candidate of the party on the day of the supplementary why was Simon Achuba nominated, screened and sworn in as Deputy Governor?

    b.    How could Simon Achuba be nominated, screened and sworn in as Deputy Governor without a letter of resignation from Hon. James Abiodun Faleke?

    5.    In several small gatherings across the State, Yahaya Bello claims to have bought over the learned Justices of the Supreme Court. These claims are as unbelievable as they are worrisome. These claims are also a sign that having analysed the legal issues, particularly the dissenting judgments of Justices Obande Festus Ogbuinya and Tijjani Abubakar, Yahaya Bello is willing to resort to any means, legal or illegal, to win this case.

    6.     As seen here, even without giving consideration to the issues of inheriting votes cast for one candidate by the other, it is impossible to analyze the legal issues, the applicable laws and the extant facts and reach a conclusion that the provisions of our laws have been complied with in a manner that confirms Yahaya Bello to be validly nominated, elected and duly sworn in as Governor of Kogi State.

    7.    As the Apex Court of land gives judgment tomorrow, we urge the Court to uphold the sanctity of the Constitution and to stop this brazen rape of our laws and this arrogant violation of our democracy.

    8.    God bless Nigeria.

  • Kogi, Juma partner for $1bn investment in water, agriculture

    Kogi, Juma partner for $1bn investment in water, agriculture

    Kogi State Governor, Yahaya Bello, has described the programmes and policies of his administration as geared towards making Kogi Nigeria’s economic hub.

    He stressed that his arms are open to investors – foreign or local – willing to partner with him in achieving this objective.

    Gov Bello was speaking at the agreement-signing ceremony between Kogi State Government and Juma International LLC, a USA-based leading company in agricultural and agro-allied technologies at the state’s laison office, Abuja.

    Present at the ceremony were top officials of the Kogi State government, including the state Commissioner of Finance, Hon Idris Asiru, and the state Accountant-General, Hon. Mohammed Ibrahim.

    The agreement for $1 billion investment in agro-allied technology and clean water solutions would be executed in conjunction with the company’s local partner, Resources Crest Limited and is projected to create over 15,000 jobs in the state.

    In his remarks, Mr. Nelson Smith, the MD/CEO of Juma International, said the company is investing in Kogi with five components of economic prosperity and empowerment, including financing and science.

    The other components include proficiency and efficiency, social responsibility and hedging.

    Also present was Chief Austin Arah, MD/CEO, Resource Crest Limited, who told journalists that Juma International, working with its financial partners, Hardy Capital Corp, has the capacity and would be interested in investing $1 billion per state in the country.

    Arah noted that Juma also has expertise in clean and sanitation solutions.

    The General Counsel to Juma, Mr Emma Dibia, described the project as timely

    and pertinent, as it aligns with the green alternative of the present federal government administration.

  • My victory at Appeal Court divine – Kogi Governor

    My victory at Appeal Court divine – Kogi Governor

    The Kogi State Governor, Yahaya Bello, on Friday said his victory at the Appeal Court was divine.

    The Appeal Court sitting in Abuja on Thursday dismissed an appeal filed by former Kogi State governor, Idris Wada, challenging the decision of the state election tribunal which upheld Bello’s victory in last year’s governorship election.

    Bello urged his opponents to let peace reign and join him in developing the state

    He spoke with State House correspondents after observing Jumaat prayer with President Muhammadu Buhari at the Presidential Villa, Abuja.

    On his victory at the appeal court, he said: “I thank God for making this possible. The judgment is a confirmation of divine ruling by God. I thank the judiciary, I thank my party, I thank the people of Kogi State and indeed all Nigerians.

    “I have extended olive branch to my opponents on several occasions and at this time, I am extending it again to my brother, Hon. James Faleke, to come and let us join hands together to lift Kogi State.

    “The state was in a big mess at the time we came on board. He should join hands with me to save the state from the claws of those who had held it down over the years.”

    Asked what the people of the state should expect from him henceforth, he said: “They should expect development, prosperity and good governance all the way.

    “Remember, I am on a divine mission and I will do nothing less than to continue to develop the state and to curb corruption, waste and mismanagement and to put the state on developmental map.”

     

  • Kogi: Appeal Court dismisses Wada’s appeal

    Kogi: Appeal Court dismisses Wada’s appeal

    The Appeal Court sitting in Abuja on Thursday dismissed an appeal filed by former governor of Kogi State, Idris Wada, challenging the decision of the state election tribunal which upheld Yahaya Bello’s victory in last year’s governorship election.

    In a split decision of four to one, the court held that Bello was validly substituted for the late Abubakar Audu, the All Progressives Congress (APC) governorship candidate, who died before the conclusion of the election.

    Dismissing Wada’s argument that Bello was not qualified for the election because he did not participate in all stages of the election, the court held that the governor participated in all the stages “by virtue of his party participation and accrued interest.”

    Justice Mojeed Owoade, who read the lead judgment, said the Independent National Electoral Commission (INEC) was right to have merged the votes scored by Audu (before he died) and that of Bello (in the supplementary election) to return the APC’s candidate as winner.

    The court, which resolved all the six issues determined against the appellant, held that Wada failed to prove his allegation of that the election was held in violation of the Constitution and Electoral Act.

  • Appeal Court upholds Bello’s election

    Appeal Court upholds Bello’s election

    The Appeal Court sitting in Abuja on Thursday upheld the election of Kogi State Governor, Yahaya Bello.

    A five-member panel led by Justice Jumai Hannatu Sankey held that the appellant, James Faleke, failed to substantiate his allegation that Bello was not qualified for the election.

    Justice Sankey, who read the lead judgment, resolved all the six issues determined against the appellant.

    The panel consequently upheld the judgment of the election tribunal and dismissed Faleke’s appeal.

  • Appeal Court reserves judgment in Kogi election dispute

    Appeal Court reserves judgment in Kogi election dispute

    The Court of Appeal, Abuja Division, on Tuesday reserved judgments in two appeals filed against the decision of the election tribunal which upheld the election of Governor Yahaya Bello of Kogi State.

    The appeals were filed by James Faleke of the All Progressives Congress (APC) and former Governor Idris Wada of the Peoples Democratic Party (PDP).

    The court announced after hearing parties adopted their briefs of argument that a date for judgments will be communicated to them.

    Faleke’s lawyer, Wole Olanipekun (SAN), urged the court to set aside the decision of the tribunal.

    Olanipekun equally urged the court to void Bello’s election on the grounds that he (Bello) was not properly nominated.

    He argued that Bello did not participate in all the electioneering processes as required by law before he emerged as his party’s candidate in rerun election.

    Olanipekun urged the court to allow the appeal and declare Faleke the proper person for the governorship seat.

  • Kogi crisis: Reps summon Bello, CoAS

    Kogi crisis: Reps summon Bello, CoAS

    The House Representatives has summoned the Governor of Kogi State, Yahaya Bello and the Chief of Army Staff (CoAS), Lt. Gen. Tukur Yusuf Buratai for what it called “acts of illegality carried out in the state.”

    The resolution of the House was sequel to the passage of a motion raised under matters of public importance entitled: “Urgent Need to Stop Illegality and Impunity in Kogi State”, sponsored by Emeka Ujam (PDP-Enugu).

    Ujam while presenting the motion at plenary said that on June 3, masked men attacked the residential quarters of the Kogi assembly in “an attempt to assassinate Momoh and 14 of his loyalists. ”

    According to him, on the same day, armed military men suspected to be officers from the Army Records Lokoja, along with security details of the Governor also went to the House of Assembly and displaced police men stationed at the complex.

    Members were not happy that the Kogi Governor disobeyed both the resolutions of the House and a court ruling asking that he reinstates Jimoh Momoh, the Speaker of the House of Assembly.

    Also, the Governor has allegedly refused to send his budget to the House, despite the ruling of the Federal High Court Abuja and the sitting of the Jimoh group at plenary.

    Ali Isa (PDP-Gombe) while making his contribution said the Governor has shown contempt for the rule of law. According to him, Bello has committed impeachable offences and the House ought to commence impeachment proceedings against him.

    The House Leader, Femi Gbajabiamila insisted that the House should take action on the issue, adding that this time whatever decision the House takes should be fully implemented.

    According to him, only the President enjoys the sole authority of approving military operations and the use of soldiers in the invasion of the state assembly and the quarters of the lawmakers amounted to usurping the role of the President and Commander- In-Chief of the Armed Forces.

    He said: “We have constituted Committees headed by Pally (Iriase) and by me. We adopted their reports. It is time for us to draw the line and we must draw the line today,” he said.

    Leo Ogor, House Minority Leader, while supporting the motion noted that the National Assembly has the powers under Sections 89 of the 1999 Constitution to invite anyone in Nigeria when investigating issues of national importance.  It had become necessary, he said, to invite the Kogi Governor to ascertain, “why the law hasn’t been respected”.

    After it was put to a voice vote by the Speaker Yakubu Dogara and supported by majority of the members, the motion was subsequently referred to the ad hoc committee on the crisis headed by the Leaser of the House, Femi Gbajabiamila.

    Recall that the House had first intervened in the Kogi crisis on the 9th of March after the impeachment of the Kogi assembly, Speaker Momoh Lawal Jimoh.

    Subsequently, a report by the Hon. Pally Iriase headed investigative committee was adopted and the House took over the functions of the state assembly.

    Sequel to the directive of the Attorney-General of the Federation and Minister of Justice, Abubakar Malami to the IGP, to disregard the directive of the National Assembly, a committee headed by Majority Leader, Femi Gbajabiamila, was also inaugurated.