Breaking News: Those Indicted For Corruption Cannot Seek Elective Office!

The Nigeria's 1999 constitution outlaws those indicted for corruption and embezzlement of funds from seeking elective public positions.

Why the heck are those indicted screaming and calling OBJ and Ribadu bad names?
Are Nigerian politicians illiterate, ignorant, stupid or is it just an old way of doing things? Isn't the Constitution Supreme for Atiku and others?

Definitions of indict:

1). accuse formally, as in: The Grand Jury has enough evidence to indict him.
www.business-words.com/dictionary/I.html

2). accuse formally of a crime
wordnet.princeton.edu/perl/webwn

3). In the common law legal system, an indictment is a formal charge of having committed a serious criminal offense. In those jurisdictions which retain the concept of a felony, the serious crime offense would be a felony; those jurisdictions which have abolished the concept of a felony often substitute instead the concept of an indictable offense, i.e. an offense which requires an indictment. ,
[url=http://en.wikipedia.org/wiki/Indict]en.wikipedia.org/wiki/Indict[/i][/url]

Breaking News: The move by the Federal Government to bar candidates allegedly indicted for corruption from contesting the April general elections yesterday received the backing of a Senior Advocate of Nigeria (SAN), Chief Gani Fawehinmi who described it as constitutional.

Chief Fawehinmi said "the Federal Government is absolutely covered in what they have done. Once you are indicted for corruption or embezzlement by an Administrative Panel of Inquiry you are disqualified From being a candidate for election." He argued that such panel has constitutional backing adding that those who refused to appear before it did so at their peril.

According to him, "section 137 sub-section 1(1) of the 1999 constitution stipulates that "A person shall not be qualified for election to the office of president if he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act… or any other law by the Federal or state Government which indictment has been accepted by the Federal or State Government respectively."

He said "candidates vying for governorships and National Assembly seats were barred under sectionals 182 and 66 of the Constitution respectively"

That is coming from an educated man". I hope these uneducated Nigerians will listen to the Senior Advocate of Nigeria (SAN), Chief Gani Fawehinmi.

Atiku and others who have been indicted must give up the stupid fight. Rather than thrashing OBJ and Ribadu or EFCC, they must try to clear their names, Unfortunately, it may take many months (or years) to do this as the EFCC still has a long way to conclude their criminal investigations.

Having left Nigeria for more than 20 years due to my disgust of the political system during IBB era, I am beginning to be proud of my beloved country once again.

Bravo, EFCC, Ribadu and OBJ, keep it up. (Don't mind those silly corrupt illiterate Bastards!!!)

OBJ has said it all 'Alliance for Corruption' they are.

Nigerians should rise up and booed these people down. They have no sense of integrity and should all be excommunicated from this environment. Selfish lots. After looting the Customs the idiot what to own Nigeria. He should better get out now or we put him where he belongs.

Thanks Goggle,

To many Nigerians, these political events are new, to us in Europe, we see this everyday.

Indictment in Europe is a daily word, Today in Nigeria, the press and the people are beginning to find its definition.

This is the true democracy, the law for the people and by the people, not for/by a few criminal minded politicians.

Atiku has gone to court to bar the FG, INEC and EFCC from baning him and others. http://www.leadershipnigeria.com/product_info.php?products_id=921

Reading the contents of the case he filed, he accepts the fact that the constitution bars him as an indicted candidate but questions the panels set up by the FG. Who is he fooling other than the ignorant Nigerians.

It's time EFCC get on the heels of the court Judges, lest they take bribes as has always been the trend in Nigeria.

The game is up for Atiku and others! The war on corruption has just begun.

shutmouth,
Federal government does not have the power  to constitute a panel that would indict Atiku, the so called panel did not derive its power from the constitution. This is sheer usurpation of roles. NASS did not empower them to do that job. Can you cite any a legislative enactment that  established that panel. You cannot be a judge in your own case.
Federal prosecutors working at ministry of justice should slam charges at these corrupt politicians. FG cannot circumvent constitution to nail some people. They  should follow the constitution, again OBJ has  lost almost all his cases in the courts.
Why does Ribadu have to pronounce judgment before the case are tried. He is prejudicing most of  his cases. There is no legal precedent by which administrative panel could serve as a competent law court.

PLEASE, COULD YOU READ THIS:

Political scandals of the United States (Indictments and Case Studies )
http://en.wikipedia.org/wiki/Political_scandals_of_the_United_States

Israeli President Faces Indictment on Charges
http://www.npr.org/templates/story/story.php?storyId=6963951

To answer your question:
I am not a legal expert but through my research, I vividly believe the FG had the constitutional right to set up these panels and has followed the legal due processes to disqualify the indicted politicians. The Constitution is Supreme and that is the end of the matter. No Judge can rule against the Constitution, rather only the parliament can amend the Constitution and as the case stands now, it's a dead end for the corrupt politicians and everyone must respect the Constitution.

Blame it on the foreign political system ADOPTED by Nigeria and not on the FG. The Nigerian Parliament has power but more power is vested on the PRESIDENT.

U-N-F-O-R-T-U-N-A-T-E-L-Y!!!

Look I am not a fan of these politicians including OBJ, but FG does not have the right to bar anyone from contesting elections. How about the principle that everyone is assumed innocent until proven guilty. No court in the land has tried these people for FG to bar them from contesting election. OBJ could have done this if he had not wanted to elongate his tenure by lobbying members of NASS to pass a law that  would bar politicians from contesting if  indicted by that panel. INEC cannot even reinvent the rules, so  as long  as they are  not charged, they are very qualified to contest.  I  want to   conduct a study on Peter Obi, he has won all his cases through the court. This is what we should be doing in Naija not to cut corners to score some cheap political points.
Why  can't OBJ act like Thabo Mbeki who allowed the law to take its course in Jacob Zuma's trouble with the law.  Militarism is the  cause of our backwardness.

https://www.nairaland.com/nigeria/topic-40754.0.html

Hope that will answer your query?

why dont you post sections of the constitution for everybody to see. It seems that you do not know how legal procedures work. Federal Administrative Panel does not have the constitutional authority to indict or pursue charges against these people.

How do you deal with immunity clause? OBJ did not do anything about this troubling clause because he knows that he is corrupt as well.

they do if it was formed and constituted under the Judicial Inquiry Acts at state or federal level

First there is Immunity for VP and Governors. I had wanted OBJ to deal with this stone wall in our constitution, but he refused and replicated it with Administrative body that does not have any legal teeth. Just like Oputa panel that could force my worst enemies IBB and Buhari to testify.

--------------------------------------------------------------------------------
Where is EFCC when Human Rights Watch wrote a scathing corruption on Gov Odili. A state that spends about$ 1.3 billion annually, yet does not have anything to show for it. I bet Human Rights Watch is more reputable and unbiased than that Administrative Panel

http://hrw.org/reports/2007/nigeria0107/

http://www.saharareporters.com/dn001.php?dnid=256

www.saharareporters.com/eLibrary

www.saharareporters.com/pnews

Where is Bode George on that list. Where is Anthony Anenih whose ministry spent $3billion on Naija roads yet we have worst road network in the region. Where is Fasawe on that list? Where is Andy Uba who connived with the president to fly money in his jet to the US. If these people could steal that much money, how much did OBJ and cohorts steal? What has he done with over $180 Billion in his 8years. Who benefited from Pentascope deal worth millions of dollars? Let the fight against corruption be holistic. VP said something about his farm, he responded by saying the he borrowed money from a bank, I know that he stole the money from treasury because he had no money when he came out from prison. What is OBJ doing to own a University, Library and 200 million shares at Transcorp? His annual salary is less than N20 million a year.

adconline, you may wish to send your findings to EFCC ASAP.

You seems to have made some research recently.

.

whatever be the motive, if Atiku and Kalu are corrupt, they should be exposed! the fact that another man is a thief or not, doesn't negate

the guilt of another!! God forbid we elect another thief.

@Adconline

You seem to know a lot about the constitution.
Can you tell us what section of the constitution says the NASS are the only ones to set up a panel of enquiry?

Talking about the Federal Government being a judge in its own case, the FG was not a plaintiff in the case but the EFCC. So how did you come about the FG being a judge in its own case?

As much as I know the EFCC and Administrative panel of Enquiry only indicted these politicians, so where is the talk of guilty or not guilty or prejudice coming from? Did the constitution say only those pronounced guilty must be barred from election or did it say nothing about those indicted?

Talking about circumventing the constitution, Atiku is the one using the courts as a tool to circumvent the constitution. He is openly making mockery of our democracy because he got enough money to buy over judges.

FG has not barred anyone but the constitution has barred people who have questions of corruption to answer by default. INEC has not re-invented the rule, there is an aspect of the constitution, basically section 137 which makes certain people unfit to stand election and its the duty of INEC to implement that aspect of the constitution.
But once again Atiku was trying to re-invent that aspect of the constitution by arguing its down to political parties to make sure candidates are fit for purpose. (such that if MEND where to metamorphose into a political party tomorrow, Nigeria will wait for MEND to screen out Asari Dokubo. What a mockery of democracy!!!!!!!!1)

Adconline if you are in Turaki Vanguard wake up AC (Alliance for Corruption) will not go anywhere.

@adconline

You are very happy to give us the Thabo Mbeki and Jacob Zuma example in South Africa but you are not happy to suggest that just like Jacob Zuma, Atiku should have resigned and allowed full trial all this while so that when he comes out clean we will now know his claim of being persecuted because of third term is true.
This is a clear example of what is obtainable in Nigeria where Turaki Vanguard is happy to quote the constitution like some holy book when it works in their favour and try to use the court to circumvent it when its not in their favour. The most amusing was attempting to use the media to bully Maurice Iwu to clear Atiku even when he has pending court case on the grounds that the case will not finish before INEC deadline.
They want the same INEC they accuse of abbrogating to itself too much powers to on this occassion abbrogate to itself powers to flout the constitution in their interest.

WELCOME TO CONSTITUTIONAL DEMOCRACY.

I am happy we have a good Lawyer onboard

BRAVO McKren, Well Done!

Shutmouth, the issue really is that a case cannot be fair if the prosecuting counsel is also the judge  ,the defence counsel and complaint. Thats what General Obasanjo is doing in this case. How can you come out with a list, say people are accused of certain crimes and then proununce them guilty without a trial.
We still have courts in Nigeria and it is only a court that can find one guilty of corru ption or any crime. The EFCC can only accuse. Its dangerous to allow complete power to reside in one person or source, absoulte power corrupts-thats why democracy calls for seperation of powers.
At least the EFCC accused Tafa Balogun former IG of Police and they took him to court. Within months, he was found guilty. The former Governor of Bayelsa is presently in court accussed of corruption by the EFCC. And the former Governors of Ekiti and Plateau accused also of corruption by the EFCC are also due for their day in court whenever they are found.
Why not use the same process for Atiku, Tinubu and the rest on that rest.
And isnt funny (or suspicious) that Prince Lanre Tejuoshi who has never held a public post is also on the list. Prince Lanre Tejuosho is the main contestant against General Obasanjo's daughter for a Senatorial post in Ogun State.
Why do you think the Deputy Governor of Oyo State, Alao Akala is not on the list. This is the same person the EFCC Chairman just two weeks ago said is not only corrupt but does not deserve to be called a leader. Mr Ribadu said this while speaking at a lecture he gave at the University of Ibadan.
I am not a fan of Atiku or Tinubu (he did something similar with the AC primaries in Lagos State) but General Obasanjo has turned Nigeria to his personal empire. Are you not suprised that Andy Uba (former special assistant on domestic affiars to General Obasanjo ) is not on that list.
Andy Uba and his brother Chris are not only believed to be behind the disgrace that happened in Anambra state over the last 4 years, but Andy Uba is currently facing a case by the FBI for money laundering in the USA. Indeed part of the FBI charge sheet says Andy Uba used some of the laundered money to buy tools for General Obasanjo's farm.Or should we talk of Deputy Senate President Senator Ibrahim whom was accused by El Rufai of demanding for  a N50 million bribe to pass a budget and later accused by his own Senate of embezzling money meant for  a  Senate retreat. What of the Senators that General Obasanjo's group gave N50 million each as bribe during the Third Term debate.We could go on and on with names of people not even mentioned.

shutmouth:

I am happy we have a good Lawyer onboard

BRAVO McKren, Well Done!

Thanks Shutmouth
I am not a lawyer though, I only do have a copy of the constitution and do not think I have to go to the law school to understand them.

US Authorities Investigate Payments to Nevada Governor
http://www-tech.mit.edu/V127/N4/long2.html

US Federal authorities are investigating gifts and payments that Gov. Jim Gibbons of Nevada received as a congressman from an executive of a software company that got millions of dollars in federal contracts, government officials said ,

In Nigeria, the action of the FG will be considered illegal.

Indicted Politicians can't contest? Na when dem realise that one? shey na when Atiku start to dey halla?

OBJ is the wisest man in Nigeria, I see him ruling on for the next 4 years if he so desires, no one knows what's next on his political coconut agenda. Why didn't this issue come up since the time brutal people like IBB declared interest in the Presidential race, why now?

PDP - Bring the basket, Share the money, Power to d Pope (president), Remove the umbrella and spray the groundnuts!

If this issue is not targetted at Atiku, then who else? He should be happy this is all the PDP have to offer and not assassination as is the norm.

in other words - Atiku cannot contest.

Why Atiku in particular so desprate to rule?

yea its very obvious Atiku is very desperate to rule !

@adconline

You are very happy to give us the Thabo Mbeki and Jacob Zuma example in South Africa but you are not happy to suggest that just like Jacob Zuma, Atiku should have resigned and allowed full trial all this while so that when he comes out clean we will now know his claim of being persecuted because of third term is true.
This is a clear example of what is obtainable in Nigeria where Turaki Vanguard is happy to quote the constitution like some holy book when it works in their favour and try to use the court to circumvent it when its not in their favour. The most amusing was attempting to use the media to bully Maurice Iwu to clear Atiku even when he has pending court case on the grounds that the case will not finish before INEC deadline.
They want the same INEC they accuse of abbrogating to itself too much powers to on this occassion abbrogate to itself powers to flout the constitution in their interest.

WELCOME TO CONSTITUTIONAL DEMOCRACY.

I am impresed by this point you have made on this thread. The law says[b] "he that comes to euqity must come with clean hands"[/b] but this is not the case a far as Atiku is concerned. Turaki lacks the moral right, infact the constitutional right to condem this present administration because he is a major player in this government. The problem he has is that he is sorrounded by retinue of golddiggers that will never tell him the truth about his actions so far. The best thing he could have done long time ago was to resign and join the masses in crying againt this administration, but he didnt do that and yet calls himself the man of the peolpe. Now it is too late for him to do that because of so many cases he and his Political associates have entangled themselves with. Shall we say because the election is just 2 months to go then the corrupt INEC officials must be allowed to have their ways?? this simply shows that Atiku really has 100% tollerance for corruption. Nigerians should relax and watch as things unfold, more is yet to come because this is just the beginning.!

Maybe many people can't see that this movement is targetted at eliminating political enemies. This had been planned long ago, i guess that was why Ibori and co were eliminated and some "EFCC untouched" guys were brought in. PDP is indeed wise. but how long will it take them to cleanse this land of corrupt officials?

I gotta ask this question, "Are any of OBJ's friends featured on the list of corrupt public officials in the country"? If not, then, something is wrong.

There is one thing about those name that EFCC published which i dont like,it is like EFCC is the judge and court at the same time why should they published their names in the dailies.They need to invite them and question them and charge them to court than people seeing their names in the dailies.There is also another issue on Nigeria government which is the issue of immunity they should crap it once and for all so, that people will not hide under it to commit crimes.What is the meaning of a president campaigning for PDP presidential rally saying that it is a do or die affair which means they are going to rig the result of the coming elections.Where is Akala,Bode george,andy uba and others in the lists?Efcc had turn to a politican wings of PDP

I don't know whether obj friends were in the list or not?Because they are all the same.Obj was accussed by Atiku concerning the PTDF scam and we heard of nothing since then,let him face the panel that was created by the FG too and prove is innocent to nigerians

Take it or leave it, IT'S THE END OF THE ROAD for the disqualified candidates.

Nigeria will be more peaceful and prosperous after the elections as this is the first time Nigerians have the chance to elect clean candidates.

If you don't accept it, please jump the river or punch the wall.

Case Closed!

why do this superman wittnesss bare crap in here ? why oh why 

just like the chinese told the white man! look mr white man we the chinese understand what u are sayin, but  what we are sayin is what u call human rights in your country can't work in China! shall we just fold our hands and let the criminal take over of thing in this part of the world? u see mr white man we got to be tough in order to develop our country  blah balh!

now can we stop watchin or tryin to imitate others and recgonise this SUPERMAn for good

number 1

everybody are more keen talkin about EFCC have no right to indict or arrest blab blah blah, but no one is talkin about the victims(the ghana must go corrupt public officers killin nigeria)

number 2

a lot of do or die disperate politicians swing up ready to melt up things ! now shall OBasanjo just fold his hands and look?

now make US go sit down ! something got to give way , anyhow who cares !

i guess its the nigerian styl

SUCKER_______kers!

shutmouth:

Take it or leave it, IT'S THE END OF THE ROAD for the disqualified candidates.

Nigeria will be more peaceful and prosperous after the elections as this is the first time Nigerians have the chance to elect clean candidates.

If you don't accept it, please jump the river or punch the wall.

Case Closed!

Amen!