stphn:
This is what i wanna known but nobody to challenge the idea

stphn:
Does constitution support it in Nigeria for pupils not up to 18 years of age to be paying taxes while their parents are also paying taxes every month. In Ekiti state, each pupils are to pay tax in each section of the three terms. From nursery school to secondary school. Is it lawful, does constitution support it in Nigeria?. I need more light on it.

BiggyBamBam:


That's the plain truth!

If one has N600,000 to pay for a Land and cannot spend N50,000 to pay for a Lawyer's Retainer Fee, then such a person must have his/her head examined.

Some would say they only have the N50,000 to put down for the land and no extra for a Lawyer. You see, I am not a Lawyer but but an ordinary citizen. I will advice such people to hustle another N50,000 to pay to a Lawyer. If it's N50,000 that would give you peace of mind, why not hustle it?

Some Lawyers would be ready to work with you for less but majority is N50,000/month. What I've decided is this, in any Land transaction, I will get a Lawyer involved at the beginning since I know I may not have 50K every month. If the Lawyer gives the "All Clear", I will be paying the installment, then when it's at the end to pay the last deposit, I will get the Lawyer involved again so that he will help to go through all the documents if they are CORRECT. That's spending N100,000!

Most Real Estate Developers are from hell! Some don't have human blood running them, they do not care how one suffered to get the money he/she now wants to spend. All they care about is their immediate gain and your pain!

One more thing, why is it that most Nigerians don't know how to to petition the POLICE/EFCC when cases of this land people rear it's ugly head?

1. Write a petition to the POLICE/EFCC.
2. If they don't handle your case properly, write to their immediate Boss
3. If the Boss is "playing" with your matter write and forward the 2 letters to the Director.
4. Give him 3 months (90 days), if he his office doesn't answer you, write to all manor Newspapers.
5. Make sure your have a picture of the crooked Land Agent so that when he is declared wanted, his faces would be on the Newspapers all major outlet.

Nigerians, do not be afraid of these people, they are PUBLIC SERVANTS who are there to serve us and not we serving them. Unless you guys take the Bull by the horn, you will continue to be played with like Pin Pong.

See, everybody has where to be reported, even if your lawyer is playing with your case and stalling time so that the one month Retainer fee would expire, report the lawyer to the Nigerian Bar Association

IMPORTANT WEBSITES:
NPF: http://www.npf.gov.ng/
EFCC: https://efccnigeria.org/efcc/
NBA: http://www.nigerianbar.org.ng/index.php
REDAN: http://redanonline.org/
AEAN: http://aean.org/

Study these websites and any point out any mistake, for example on the NBA's website. You should send a message to the NBA e.g. why is it that the NBA website does not display the location of a particular lawyer when you type in his/her full names in the "Find A Lawyer" link because it says "To Report a lawyer, you have to first find the lawyer. Click here to find the lawyer" yet if you type in a lawyer's name, it doesn't show anything. By so doing, they will fix it and thus, you are getting the system to work for everyone.

This is how to make Nigeria work, we must hold everybody accountable!

modelssphere:
The Abia state model stuns brightly in the last edition of)(the) most beautiful face in Asia (State) as shes emerged as the most beautiful face in abia planet and has been on the move ever since then. (poor construction)
With her alluring beauty and perfective stature,she has graced lots of fashion runways and bil board advert.

The 300level student of Unizik theatre and film studies has strong esteem for singing,acting, travelling and reading.

Ever since her inception into the modelling industry,she has contested 3 times and won 2(never use digits in place of figures) which are miss ohafia 2013 and most (the) beautiful face in Abia planet 2015 /2016.

Her ever smiling face and big heart of gold is one of the rare quality that has kept her moving (backwards or forwards) .
Shes (is) no doubt,an epitome of beauty.


.source:http://www.modelssphere.com/2016/04/most-beautiful-face-in-abia-planetqueen.html?m=1

Topmaike007:
Going to school nowadays are not to get certificate but to defend what you carry. ..in this thread I shall be disscusing some major point not to go to private institutions such as poly or uni.

1) there fee are high that it takes the rich alone to be there or maybe your parents are also having some helpers such younger brothers,sisters,uncle,or any relatives..Compared to federal or state institutions some federal institutions are paying #20,000 as school fee and I trust my self if I keep up with my importation biz I can pay my school fee even without letting my Parent to know.

2)promoting them whether do test or fail a single paper no carry over nothing because they can't pay a very huge amount of money and still fail them is rubbish come and do such in OAU if you're not serious you will go back home

3)not able to defend their result, you cannot expect school that has no competition to know book because when you are busy reading hard in public institutions to maintain your slut in the department you vouch For chai if they bring their overall best from private Institution them no fit defeat you because you spending most of your time reading all ways and not to be rusticated from school private cannot match US... My guys in Angola and awo hostel can testify to it..

4)if you are going to private just know in your heart that your issue of getting employed is base on I sabi person or I go work for papa company because I have seen a situation that a girl has a certificate from one private poly in southwest I will not mention name of the school this girl was dismiss when she can't write a good application letter,i was dissapointed in me because if people are talking about school she will also be talking..and also public certificate are well recognized than private. .it is very hard for private ond student to do direct entry to public institutions even hnd in public institutions is very hard for private to be admitted.

5)they don't do post utme they buy space in the school admission and become there student, by so doing I believe they are dull if you are not dull why not go and compete with your mate In federal poly or uni because the idea of people saying that they was denied admission that was the main reason they went to private but if you know the formula you will not be denied admission and the formula is this you scored 185 in utme and you chose unn or some other mighty schools in Nigeria and still put medicine and surgery as course oga no waste your time and money na come back next year be that but if you change your institution and course plus hardwork in reading it will Surely


Add yours if you agree and quote me wrong if you are a victim of private institution

babyfaceafrica:
oga I know a GA in unilag, dem no collect reach dat amount abeg...its nt up to 80 sef

mrvitalis:
This jobberman or whatever there name is shows everytime dey know nothing about getting jobs in Nigeria

How to get jobs as an engineer, doctor, economicst, marketer are all different and there is no similarity in this... Expect application letter

As a graduate of engineering ( that's where I know well) it's all about u chosen the area in the industry u want, then run a lot of certification to qualify u to work in those areas... unfortunately this programs are expensive

LEGALITY OR OTHERWISE OF IMPOSITION OF N50 STAMP DUTY ON BANK TRANSACTIONS BY CENTRAL BANK OF NIGERIA- BY OLALEKAN FESTUS OJO
QUESTION
Whether imposition of N50 Stamp Duty on bank transactions by CBN is legal
BRIEF ANSWER
The imposition of N50 Stamp Duty on bank transactions by CBN is not only illegal but also a nullity
BRIEF BACKGROUND
On Tuesday,19th January, 2016, the Central Bank of Nigeria (CBN) in a circular dated 15th January, 2016, stated that Deposit Money Banks (DMBs) and other financial institutions should immediately start charging N50 ($0.2513) on all receipts given by any bank or other financial institution in respect of electronic transfer and teller deposits from N1,000 ($5) and above.
However, payments, deposits or transfers to personal accounts by self (whether inter-bank or intra-bank) are exempted from imposition of Stamp Duties. Any form of withdrawals or transfers from savings account is also not involved, and charges are only payable by receiving accounts.
To ensure strict monitoring of the process, the central bank has directed all commercial banks to open an account designated as NIPOST Stamp Duties Account into which all charges collected shall be paid, balances of which shall be transferred to a similar account at the CBN. Other financial institutions can choose which bank they wish to remit their collections.
ARGUMENT
WHETHER IMPOSITION OF N50 STAMP DUTY ON BANK TRANSACTIONS BY CBN IS ILLEGAL
In resolving the above question, it is mandatorily necessary to distill the question into splinter issues.


Whether CBN is empowered to issue circular on payment of stamp duty in line with Stamp Duties Act
It is germane to consider the propriety or otherwise of the circular issued by the Governor of Central Bank of Nigeria, Mr. Godwin Emefiele. Section 2 of the Central Bank of Nigeria Act 2007 clearly defined the scope of the CBN as follows:
“2. The Principal objects of the Bank shall be to-
ensure monetary and price stability;
issue legal tender currency in Nigeria;
maintain external reserves to safeguard the international value of the legal tender currency
promote a sound financial system in Nigeria; and
act as banker and provide economic and financial advice to the federal Government.”
Section 1 (2) of the Banks and Other Financial Institutions Act provides as follows:
“(2) The Bank shall in addition to the functions and powers conferred on it by this Act, have the functions and powers conferred and the duties imposed on the Bank by the Central Bank of Nigeria Act.”
Furthermore, Section 7 (1) of the CBN Act provides for the management of the CBN as follows:
“(1) The Governor or in his absence, one of the Deputy Governors nominated by him, shall be in charge of the day-to-day management of the Bank and shall be answerable to the Board for his acts and decisions.”
Unequivocally, the CBN Act empowers the Governor to oversee day-to-day management of the Bank and the management of the Bank shall be in accordance to the clear powers given to the Bank by the Act. The Act did not and does not intend to empower CBN’s Governor to issue circular on the payment of stamp duty.
It is also apposite to consider the provision of the Stamp Duties Act and this will assist in determining the propriety or otherwise of the CBN’s Governor’s circular on imposition of stamp duty on bank transactions. Section 115 of the Stamp Duties Act provides for the appropriate authority that can make guidelines on stamp duties as follows:
“In addition to the powers conferred on him by sections 15 and 105 of this Act, the President and the Governor of a State may make regulations relating—
to the custody of the dies to be used under this Act;
to the circumstances in which allowance shall be made for spoiled stamps;
to the accounting for the revenue derived from stamp duties;
to the substitution of adhesive stamps for impressed stamps or of impressed stamps for adhesive stamps, or of revenue stamps for postage and revenue stamps;
to the manner in which and the persons by whom impressed stamps shall be affixed to documents; and
to the further and better carrying into effect of the objects and purposes of this Act.”
The above provision confers power on the Federal Government or a state to make regulations on the collections of stamp duty. The Central Bank Nigeria is an agency of the Federal Government and its roles are clearly defined under Section 2(supra). The question that comes to mind is what agency of the Federal Government can issue stamp duty or issue circular on same. Section 5 of the Nigerian Postal Service Act answers the question, inter alia, as follows:
“In the exercise of its functions under this Act, the Postal Services shall have the following specific powers, that is-
to provide for the collection, handling, transportation, delivery, forwarding, returning and holding of mail and for the disposal of undeliverable mail;
to determine the need for post offices, postal facilities and equipment and so to provide such office, facilities, and equipment as it may determine;
to prescribe the amount of postage stamps and the manner in which it is to be paid;
to provide postage stamps and other stamped papers, cards and envelopes and to provide such other evidence of payment of postage and fees as may be necessary or desirable;
to provide philatelic services;
to establish and review postal tariff;
to explore additional sources of postal revenue;”
to maintain international relations with other postal administrations and international bodies;
to provide and establish non postal or similar services…”
Also, the Nigerian Postal Service Act clearly defines the Chief Executive of the Postal Service as ‘a Postmaster-General’. Section 6(1) and (2) of the Act provide as follows:
“(1) There shall be appointed for the Postal Service by the President, on the recommendation of the Minister, a Postmaster-General.
(2) The Postmaster-General shall be the Chief Executive of the Postal Service and shall be responsible for the execution of the policy of the Board relating to the Postal Service and its day-to-day administration.”
The above provisions are clear on the fact that CBN Governor is not the Chief Executive of the Postal Service but Postmaster-General.
Section 3(2) of the Stamp Duties Act provides as follows:
“The duties charge under this Act shall be accounted for in a manner to be prescribed in proper case by the Minister after consultation with the Governors of the States”
Section 3 (2) of the Act quoted above unambiguously empowers the Minister to account for the duties charge under the Act collected by Nigerian Postal Service and the power would be exercised after consultations with the Governors of the states. It is therefore wrong for the CBN Governor to turn himself to a Postmaster-General and the Commercial Banks to staff of the Nigerian Postal Service.
Unequivocally, the CBN Governor lacks the vires to issue circular on collection of stamp duty over bank transactions.
Whether stamp duty can be imposed on bank transactions
Having considered the propriety or otherwise of the issue of circular by the CBN Governor above, it suffices to look at the nature of stamp duty that is payable. Section 3 of the Stamp Duties Act provides for the duties to be imposed on instruments as follows:
“(1) From and after the commencement of this Act, the duties to be charged upon the several instruments, specified in the Schedule to this Act shall be the several duties set out in the said Schedule, which duties shall be in substitution for the duties heretofore chargeable under the enactments repealed by this Act and shall be subject to the exemptions contained in this Act and in any other Act for the time being in force.”
The Schedule to the Stamp Duties Act provides for the instruments that stamp duties can be imposed on with certain exemptions including Bill of Exchange which attracts 02 kobo stamp duty, Bill of Lading attracts 09 kobo stamp duty, Bond does not attract any duty except Bond for letter of administration which attracts 75 kobo stamp duty Cheque does not attract any stamp duty; draft for money does not attract stamp duty and transfer does not attract stamp duty.
The Schedule does not include deposits whether by Cheque, cash, and electronic transfer. The Schedule specifically excludes any form of Cheque from stamp duty. It is therefore strange for the Central Bank of Nigeria to issue circular on collection of stamp duties on bank transactions when it is not statutorily empowered to do so and when the bank transactions are not included in the Schedule to the Stamp Duties Act.
The Stamp Duties Act, clearly, excludes bank transactions (including all receipts given by any bank or other financial institution in respect of electronic transfer and teller deposits) from duties charge.


Whether the imposition is illegal
Regulation 620 of the Federal Government Financial Regulations provides as follows:
“Receipts given on payment vouchers are liable to Stamp Duty in accordance with the Stamp Duties Ordinance (Stamp Duties Act Cap. 411).The following tables show briefly the nature and amount of payments which are: (a) liable to and (b) exempt from Stamp Duty. The tables are comprehensive and in doubtful cases reference should be made to the Ordinance. It should be noted that a receipt given without being stamped may only be stamped after execution under penalty.”
The aforequoted Regulations is made pursuant to the Stamp Duties Act. It intends to cover receipts given on payment vouchers and it should be in line with instruments listed in Schedule to the Stamp Duties Act. The Act clearly exempt bank transactions from duties charge. The Regulations cannot override the clear provision of the Stamp Duties Act.
The community reading of the above would reveal that the imposition of N50 stamp duty on bank transactions by the Governor of Central Bank of Nigeria is illegal, null and void. The Supreme Court, per Oguntade J.S.C (as he then was) in Alhaji Baba M. Saleh v. Alhaji Shettima Monguna & Ors (2006) 15 NWLR (Pt.1001) 26@76, paras F-H aptly defined the term “nullity” to wit:
“A nullity is in law a void act, an act which has no legal consequence. The act is not only bad: See Okafor v. A.G., Anambra State (1991) 6 NWLR (Pt. 200) 659; Leedo Presidential Motel Ltd v. Bank of the North (1998) 10 NWLR (Pt.570) 353. The position of the law therefore is that every proceeding, which is founded on a void act is also bad and incurably bad. You cannot put something on nothing and expect it to stay there: Macfoy v. U.A.C. Ltd. (1962) AC 152 at 160.”
Lord Denning L.J. in the celebrated case of Macfoy v. UAC Ltd (1962) A.C. 152 at 160 brilliantly defined the effect of a void act as follows:
“There is no need for an order of the court to set it aside. It is automatically null and void without more ado, though it is sometimes convenient to have the court declare it to be so. Any every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse.”
It is safe to conclude from the abovementioned dictum of Lord Denning that the imposition is dead on arrival and it can stand the test of any law. Granted that the Federal Government is devising a means of generating revenue through taxes and rates as stated in the circular; this should be done within the confines of the law.
CONCLUSION
In the premises, the imposition of stamp duties on bank transactions is ultra vires, illegal, and null and void for the following reasons:
CBN or its Governor is not a Postmaster-General to issue circular on stamp duty.
Stamp Duty cannot be imposed on bank deposits under the Stamp Duties Act LFN 2004 and other enabling statutes.

RECOMMENDATIONS
It is necessary for the Federal Government or its agency to prevent this ugly and embarrassing development from repeating itself by considering and studying the various statutes before making any policy.
In the instant case, the government should issue an apology for this brazen act to salvage its reputation.
To impose the N50 stamp duty on bank transactions, the Federal Government needs to amend the Stamp Duties Act.
The procedures laid down by the Act must be complied with if the government is serious about upholding the rule of law.

Olekan Festus Ojo is a lawyer in the law firm of Chief Rotimi Williams Chambers

Section 5 of our relevant law -that is Administration of Criminal Justice Act 2015 states three circumstances when a person may be cuffed paraphrased thus:
1) When the suspect or defendant is violent or believed to have tendency to want to escape.
2) When a suspect may injure himself or in a way for his own safety.
3) When court orders it
The question is; is any of these applicable to Metuh? My answer is NO! When I first saw t he picture, I was naturally taken aback saying to myself that this is uncalled for. Not knowing it will become a sensational political news in Nigeria like this. I strongly believe Mr. Metuh in the circumstances was not and will not reasonably believe he would run or escape. There is no tendency he would commit suicide on his way to court to argue his bail. No court order for his cuff.
Olisa Metuh arrives court in cuffs
Mr Olisa Metuh arrives court in cuffs. Image credit: The Nation
While I strongly condemn this act of inhuman treatment on the part of prison authority, I am backed by Section 34 of our Constitution and Section 8 of Administration of Criminal Justice Act 2015 which prohibit inhuman and degrading treatment of people. The laws compel respect for human dignity even a suspect who is innocent until guilty is proved and pronounced by court.
My worries are that we politicize all events in this country along ethnic and religious lines. This is not good for our development. I have seen different opinions in those regard by the “wailers” and “hailers” alike. Cab we be sincere for once and treat issues on their merit and correct circumstances?
I have seen pictures of Kabiri Sokoto ( a notorious terrorist and bomber who killed almost 50 people in a church on a Christmas day) he was brought to court brought to court by “DSS” without cuff. Mind you, DSS officers carry arms and go to court in numbers. Any suspect they take to court may run but who will in the presence of AK47?
I have also seen a photo of Dansuki (ex National Security Adviser involved in the Arms Deal corruption charges like. Mr. Metuh) brought to court by EFCC without cuff. Like DSS, they carry arms and go to court in numbers, which suspect will run in that case?
In the case of prison warders, they bring many people to court in Prison Vans and black maria and may be 2 officers to 10 suspects. They sit in front with the driver and lock the inmates at the back. They don’t carry arms and the warders open the van for the inmates and ask all of them to come down. March them into the court and the van goes to the next court. They always cuff their ” passengers” like Metuh. Or can anyone send me a photo of Dansuki or Sokoto with warders without cuff?


Let us think about our country first and not party, religion, or ethnicity or personal persuasion. It is quite unreasonable for anyone to think that Metuh was cuffed because he is of Igbo ethnic origin and that Dansuki or Kabiru were not cuffed because they are Northerners.
At the same time, the prison authority should be strengthened and provided with resources and security to perform better. It is indeed illegal to cuff innocent persons, one presumed innocent to be handcuffed in cases that are not deserving.

ADEMOLAW

Montaque:


issue of it being primary or secondary is still debated, especially where it's the computer that processed the information wholly without human input. but that is not the problem bcus it is admissible either way.
Computer in its definition includes any device that can store and process information. It is broad enough to cover tape recorder.
I hope it will be tested soon in court.

Montaque:


Since you do not have issues with its relevancy, I think the evidence Act on computer generated evidence is broad to cover this one.

Montaque:

anyway. I expected you as you have asserted a position, to prove it.
Computer generates evidence in the evidence Act comes readily to mind.
I know there isn't any law tha[i]t forbids using a tape recorder during police interrogation since it can be admitted in eviden[/i]ce.

Montaque:

anyway. I pexpected you as you have asserted a position, to prove it.
Computer generates evidence in the evidence Act comes readily to mind.
I know there isn't any law that forbids using a tape recorder during police interrogation since it can be admitted in evidence.

Montaque:

Who told you?

DerideGull:
Nigerians and their animalistic intellect or lack thereof. In this day and age, a man cannot make a confession and he is presented with the written confession only for him to tear the paper. Does it mean that EFCC cannot afford electronic tape recorder? A voice-recorded confession is more damning than a useless written confession on a silly piece of paper. APC, Buhari and EFCC are bunch of useless dimwits. These goons can only bamboozle gullible Nigerians.

TonyeBarcanista:
This illegality won't stand the test of time. APC leaders and Kogi cabal have no other choice but to present Abiodun Faleke irrespective of whether he's Lagos-Kogi or Kano-Kogi

handie:
Seriously, I think this issue should be taken to the supreme court for interpretation. The ideal arrangement which I feel will make everyone happy is James Faleke for governor and Abubakar Audu's Son as deputy( this will placate the igalas and Audu's supporters). Yahaya Bello as governor and James Faleke as deputy will mean shortchanging the igalas. Yahaya Bello as governor and an igala man as deputy will amount to dumping James Faleke after all the campaigns. BTW, can't James Faleke argue that the election was effectively won already by Audu and as d running mate, should be the occupier of d office?(the number of eligible voters is less than the margin with which APC are leading)

Hakeem3:

Bros forget what he said.. Wada removed those chairman cos they decamped to APC nd das simply the truth of the issue

Hakeem3:

U are as WRONG as Wada

Okobaba1:
Most pple don't know much abt Kogi politics. This situation is too dicey due to d ethnic sentiment dat is so predominant in Kogi state. The Lumping together of the Igalas, Ebiras and Okuns was a mistake because d arrangement place Supremacy in d hands of the Igalas.

APC wud shoot itself on d foot if Falake is pushed forward because d Igalas will frustrate him until he is either impeached or dies in office too.

It is a well known fact that the population of the Igalas is much more than that of both the Okuns and Ebiras combined and as such Igalas dominate the political atmosphere of Kogi esp. Seeing dt Democracy is game of numbers.

To avoid further crisis and to douse tension in Kogi state, the only option is fr d party to retain the initial arrangement I.e Igala/Okun because anything short of dat will lead to ethnic crisis in an already volatile state.

Since death came calling and snatched away the obviously pedestrian, but quite popular gubernatorial candidate of the All Progressives Congress (APC), in the now still-born Kogi Governorship elections, there has been a floodgate of legal opinions, cross-currents of analysis and an assortment of disagreements. Countless opinions have been rendered here and there of how the current debacle, is one that the Nigerian Constitution never envisaged, to the extent that the Latin word “Lacuna”, has since become nearly everyone’s friend in the last three days. Funny enough, the comedy side of the entire episode, has been quite as outstanding and remarkable as the flurry of legal debates. After all, how else do you explain the fact that shortly after the debates began, different aspects of comic reliefs also simultaneously entered the fray, with overnight rumours quickly been manufactured in their tons, to perhaps create a temporal comfort for the bereaved people of Kogi, with those rumours suggesting that Mr.Audu may have after-all evaded the incarceration of death, except that before such rumours could even gather the requisite time to assume a life of their own, the people were quickly, just the same way they were deceived, brought to the realization that they must again have been sold a dummy.

However, even though the deluge of opinions seen in the last three day must be a necessary expectation in a time like this, it must be said that in any controversy of this manner, no matter the juicy nature and the enticing prospects of several submissions, what is bound to eventually carry the day is the degree of superiority and rational components of such arguments. Thus, even where the strictness of law may not easily be seen in such superior argument, one thing that would certainly not be discountenanced would the Jurisprudence thereof, which itself is the life of the law. That is why, the soundness of the law is to be found more in the depth of philosophical disputations based on legal reasoning cum application of the law, than fixated technicalities that tends to end up becoming legalistic and tiring, a road that has since been abandoned by the best minds in the legal world. It is in this light that law, as it is said, must exist for man’s profiting and not for man to become a slave to the law.

To this end therefore, I must submit, particularly with respect, that contrary to the wide spectrum of views already expressed, I do not see any legal quagmire created by the Kogi situation. It is a sad commentary that, whenever any opportunity presents itself for the further development of the Nigerian law, given our heavily politicized system founded on clientilism and political malafideism, the law would usually be interpreted in a manner akin to making a feast out of an ordinary meal, such that at the end of the day, even for a simple constitutional matter, a legal mountain would have been created. It is trite that every decision that stems from provisions of the law must be a product of legal reasoning, which is usually the fulcrum of the argument of sound Lawyers in the Courtroom, and which in itself is an elementary principle of law that Law students are taught right from their first year in the University.
Nigeria’s legal circle must move away from its ground zero base, where every-time a legal issue arises, we are quick to say that the Constitution does not provide for it, and immediately designating it as a legal quagmire. Is the Constitution an Encyclopedia as to comprehensively provide for all and sundry in its letters? God forbid that that be so. While the Constitution, to the extent to which the letters can accommodate, provides generally for certain things, it only stands to reason to say that the same Constitution captures so many other things left unsaid via its Spirit and intent. I make bold to say that no Constitution in the world provides for every eventuality, yet in many of these other countries their law is so robust, fluid, and even so tantalizing to many, who are not even Lawyers. That is why provisions of the law are both express and implied; express in the sense that they are clearly stated in extant legislations, and implied to the extent that necessary inferences can be drawn from these express provisions, to identify the intent and Spirit of that law.
Thus, in the present Kogi so-called debacle, one thing is clear and it is thus – If either the Attorney-General of the Federation (AGF) or the Independent National Electoral Commission (INEC), were to approach the Supreme Court, asking it to give a constitutional direction on this matter, it is certain that the Apex court will neither agree with the provisions of Section 181(1) of the Constitution, nor will it accept the provisions of Sections 33 of the Electoral Act 2010 as entirely valid in this instance, as both do not expressly cover the matter in question. What then can one say will reasonable inform the direction the court will go in this matter?
11239660_10153302496632709_7133438584641756569_oIt is clear that the Apex court will only be left with one option, which is to either tend towards the provisions of Sections 181(1) of the Constitution, or move closer to the provisions of Section 33 of the Electoral Act. The question then is, of these two provisions which is closest in conveying the spirit and intent of the law in this matter? The answer to my mind is the provisions of Section 181(1) of the Constitution, which itself has found judicial flavour in several cases, which are cases closer in character to the Kogi situation. This means the Court in this instance will move to draw necessary inferences from Section 181(1) of the Constitution, by looking at the mischief that section for enacted to cure, and the degree of similarity the exist between that mischief and the current mischief in Kogi. Surely, the Court will not embark on a legalistic journey of dogmatically construing the provisions of Section 181(1) of the Constitution in its most strict and technical sense, as to miscarry justice. It can only be reasonable to say that only Section 181(1) offers a nexus, and that is to the extent that substituting a running mate with a deceased partner, in an election where more than 90% of the votes have been returned is far closer to the Spirit of this section, than calling for fresh primaries in the instant case, which is not near what Section 33 of the Electoral Act intends. With this in mind, the analysis below therefore becomes relevant.
The ticket of the APC in the Kogi Governorship elections is a single ticket, neither belonging to Mr. Abubakar Audu alone, nor Mr.James Faleke, his assistant. The ticket is a single ticket belonging to the APC, and the character of its singleness is such that it cannot be divided into two, rather the two aspirants of the party hold in trust for the party. This is so because, under our type of Constitutional democracy, the political party is the only recognized entity on the ballot paper for any election upon which votes will be cast, and once those votes are counted and returned, they are so returned as votes accruing to the party and not the candidate. This is in sharp contrast to some other democracies that practice independent candidacy. In such places, the votes cast are directly owned by the candidates, being his own man.
With this reasoning in mind, there is no way the death of Mr.Abubakar Audu should call to question the ownership of those 240, 827 votes returned in favour of the APC, they belong to the party whom Mr.Audu represented in the elections. And he did not represent them alone; he had with him a partner in person of Mr.James Faleke, with whom he held jointly the benefits and liabilities of that representation. Thus, even though Mr.Abubakar Audu is dead, the APC is not dead, neither is Mr.James Faleke the alternative candidate prepared by the law for such eventualities. Certainly, there can only be one reason why the law mandates that the validity of a gubernatorial candidate can only stand, where he has correspondingly nominated a running mate, and that reason is simply to prepare an immediate substitute, in the event that the main candidate becomes unavailable.
Going by this reasoning therefore, the late Abubakar Audu, cannot be said to have contested the Kogi elections all by himself and cannot be said to in all entirety own the 240, 827 returned, as to have taken those votes along with him to the grave. It was the APC, whose logo was on that ballot paper, and not Mr.Audu’s picture, that contested the election, and the whole gamut of the procedure of party primaries, which is the argument certain minds have raised, is nothing but a requirement that the party must fulfill before it can validly say it has produced its candidate to fly its flag. Part of the other requirement is the nomination of a running mate, so no one requirement is superior to the other. That the law provides for nomination as the procedure for coming up with a running mate, does not make it less in force than a primary. What would have made it less, was if the constitutional qualification were different. Given that INEC does not have the extant powers to cancel the 240, 827 votes already returned for the APC, the suggestion therefore that INEC must conduct a fresh election is entirely anachronistic and absurd.

This then brings us to that ever nagging question that our political class have continue to trivialise and treat with disdain, but one which the Supreme Court itself has had occasion to pronounce on severally. That is the question of the legal significance of Assistant candidates in elections who later metamorphose into Deputy-Governors and Vice-Presidents. It must be said that, in the eye of the Law both candidates are seen as enjoying the same legal importance, as the joint ticket they ride on confers the same benefits and liabilities on them, which from the stand point of reason presupposes why the Constitution demands the same qualification from the main candidate and the running mate. Now, the Nigerian Constitution may not have dealt expressly with the significance of the these Assistant candidates, something that may be inferred from the wisdom of the drafters of the Constitution not to create a form of inferiority complex or superiority ego amongst the duo, however that is not to say that the same drafters envisaged a situation in which running mates or deputies, would be treated as useless occupiers of their office, or legally insignificant.
To my mind, the intention of the parliament can only be that the ticket of any political party is held jointly by both the main candidate and the running mate, and not to the exclusive preserve of one, to the extent that, from the moment they start their journey together, one is a ready substitute for the other whenever the need arises, whether it be an inconclusive election or one that is full. The legal reasoning behind this is simply that the law at every point in time detests a vacuum, not even in an inconclusive election, and the law does not have to expressly say this. The authority for this is the same as found in Section 181(1) of the Constitution which provides for the running mate to replace the main candidate where votes have been fully declared. If that same running mate is viewed by the law as qualified as the automatic flagbeerer of the party, where the votes have been fully declared, how can there be a different reasoning, where less than 10% of the votes are left to be declared? Are we to throw away a 90% in hand, and embrace a faraway 10%? Certainly not.
In sum, there is no contesting the fact that it will amount to manifest absurdity and a perfect recipe for foreseeable and avoidable Constitutional disaster for INEC to proceed to conduct a fresh election in Kogi State. The 240, 827 votes that have been garnered by the APC are valid votes that cannot be thrown away like that, and in the same breadth, Mr.James Faleke is not a meddlesome interloper in this matter that can be ignored. Those 240, 827 votes have been validly counted and accordingly returned for the APC, and Mr.James Faleke himself remains a valid and qualified flag-bearer of the party who can inherit those votes. Thus, what INEC needs to do is simply to proceed and conduct the supplementary elections (which wouldn’t have been necessary if INEC has been circumspect enough, as the remaining 25,000 accredited votes is itself far less than the 41,000 more votes that APC has), and declare a winner in this election. The letters of the law may have appeared not to have covered this now all important issue, but it is only trite to say that at all times, the dictates of legal reasoning demands the superiority of the Spirit of the law over the letters. In any case, both the letters of the law and the Spirit are designed to be profitable to direct, and not to be authors of confusion.
Olusola Adegbite, Esq. is a Lecturer in the Faculty of Law, Obafemi Awolowo University, Ile-Ife, NIGERIA.
Olusola Adegbite,Esq.
Faculty of Law,
Obafemi Awolowo University,
Ile-Ife,
NIGERIA.

TonyeBarcanista:

Yahaya or whatever can be Deputy but he isn't qualified to be the main candidate. APC should let Faleke continue the mandate. I am sure some cabal are ganged up against him @faleke. But justice must prevail!

baby124:

Lmao at your confidence in stupidity

agabusta:


1. The mandate Audu got at the primaries has been handed both to him and the Deputy by the virtue of him selecting Faleke as his Deputy.

Looking at it at another angle. After emerging the party's candidate, authority has been imposed on him by the party to make certain important decisions. One of such decision is the selection of who succeeds him per adventure he is unable to discharge the duties of the party's candidate (As a governor) and he selected Faleke.

That decision is binding on the party. Take it to any court.


It is not only through primaries that a party can present a candidate.[/b]

A candidate can emerge by General consensus of the party as was the case in Benue state, which PDP challenged at the tribunal and lost, and even challenged at the appeal court and still lost.

2. There is no where it is written in all of our laws, that if anything happens to the flagbearer, that the person that emerged 2nd during the primaries should be handed the mandate.

Orobo2Lekpa:


Going by your submission, why can't Faleke be part on any new primary?