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Nigerian government reacts to the ECOWAS ruling on Dasuki case – Mr.Malami explains that government should study the judgment of the court before taking the decision on the case – Meanwhile, some lawyers suppose that ECOWAS court ruling is more like a policy, which is not enforceable

The Attorney General of the Federation and Minister of Justice, Abubakar Malami, has explained why the Nigerian authorities have not released former national security adviser Sambo Dasuki. The Economic Community of West African States (ECOWAS) court on October 4 directed Nigerian government to release Dasuki. READ ALSO: ECOWAS Court hits Nigeria with N15m fine over Dasuki Mr. Malami, reacting to the development, stated that the government needs to study the content of the judgement before acting on it. Salihu Isah, special adviser of Malami, disclosed to the Premium Times the government’s position in a telephone interview. Isah said the Nigerian authorities need to fully understand the content of the court’s proceedings and judgment before responding.

Mr. Malami, reacting to the development, stated that the government needs to study the content of the judgement before acting on it. Salihu Isah, special adviser of Malami, disclosed to the Premium Times the government’s position in a telephone interview. Isah said the Nigerian authorities need to fully understand the content of the court’s proceedings and judgment before responding.

“We cannot just react. We will first of all study the judgment to understand it’s content before taking a stand,” he stated. Some legal analyst, who also spoke on the matter, explained the effects of obedience or disobedience of the orders by government on Nigeria’s image. Samson Ameh, a Senior Advocate of Nigeria, said: “ECOWAS court can entertain cases, but it has no infrastructures to enforce its judgments. It is the country from where the case came from, that it would rely upon to enforce the said judgement,” the lawyer said. “Any country has the right to enforce or fail to enforce the judgment. There are no side effects legally, except that the image of the country may be lowered. It is like a moral, rather than a legal responsibility.”

Former security adviser has been arrested last year for allegedly diverting billions of dollars meant for purchase of weapons to fight the deadly Boko Haram sect. Dasuki was also accused of illegal possession of arms.

While the court said it would not go into the details of whether or not Mr. Dasuki’s supposed possession of arms were criminal, it added that an owner is permitted to enjoyment of its property. President Muhammadu Buhari speaking during his first presidential media chat at the presidential in December, said that Dasuki like leader of the Indigenous People of Biafra Nnamdi Kanu cannot be allowed to enjoy any form of freedom due to the enormity of his offenses.


https://www.naij.com/995355-forget-ecowas-court-we-cant-release-dasuki-for-now-fg.html

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The Senate President, Dr. Bukola Saraki; his deputy, Ike Ekweremadu, and others accused of forgery of the Standing Rule of the Senate 2015, are to be arraigned before a Federal Capital Territory High Court on Tuesday (today) barring any last-minute change of plans.

Officials of the Ministry of Justice told one of our correspondents that they had got notice that the arraignment would take place on Tuesday even when reminded that Saraki would be appearing before the Code of Conduct Tribunal for his ongoing trial on the same day.

“I can only tell you about the case I’m involved in. I don’t know about the CCT trial. But I can tell you that we have tomorrow (Tuesday) as the date of arraignment in respect of the forgery case,” a top ministry official told The PUNCH.

It was learnt that the case was assigned to Justice Yusuf Halilu of the Jabi Division of the FCT High Court last Friday.

Uncertainty, however, appears to be trailing the planned arraignment as court officials, where Saraki, Ekweremadu and others are expected to appear, said on Monday that the accused persons had not been formally served with the charges preferred against them by the Federal Government.

Officials of the High Court of the FCT in Jabi, Abuja, where the accused persons are to be arraigned, confirmed to one of our correspondents on Monday morning that they had not been served.

The sources, who spoke on condition of anonymity because they were not authorised to speak on the case, said they were preparing to serve the accused persons later on Monday.

“We have not served the charges on the accused persons, but we will serve them before the end of today (Monday),” one of the sources said.

Though other sources in the Federal Ministry of Justice told The PUNCH that the court had given Tuesday as the date for the arraignment, the court officials said they could not confirm the information.

Also, Saraki and Ekweremadu, on Monday, said they had yet to be served the court process concerning the suit instituted against them by the Federal Government.

Saraki, who spoke through his Special Adviser, Media and Publicity, Yusuph Olaniyonu, said, “Up till now, we have not been served.”

Also, Ekweremadu, who equally spoke through his Special Adviser, Media and Publicity, Uche Anichukwu, said, “We have not received any court papers.”

Saraki, Ekweremadu, a former Clerk to the National Assembly, Salisu Maikasuwa, and his then deputy, Benedict Efeturi, were on June 10, charged with two counts of criminal conspiracy and forgery of the Standing Rules used for the leadership election of the presiding officers of the Senate in June, 2015.

The Federal Government stated that the offence of conspiracy was punishable under Section 97 (1) of the Penal Code Act; and offence of forgery with “fraudulent intent” punishable under Section 364 of the same law.

It was alleged that the 2011 version of the Senate Orders was secretly altered by some individuals to produce the 2015 edition.

It was alleged that Rules 3 (3) (e) and (k) in the 2015 edition of the orders were not amended in accordance with the provisions of Rule 110 (1) (2) (3) (4) (5) of the 2011 Orders.

While the 2011 Order Rule 3 (3) (e) provides for manual voting and open ballot in the election of the Senate President and the Deputy Senate President, the 2015 Orders allow electronic and secret ballot voting in the said elections.

Also, while Rule 3 (3) (k) of the 2011 Order makes it mandatory for all members to participate in the process of electing the Senate President and Deputy Senate President, the reverse is the case in the 2015 Orders.

The 2011 Orders, Rule 3 (3) (k) reads, “All Senators-elect shall participate in the nomination and voting for President and Deputy President of the Senate.”

But a similar provision in Rule 3 (3) (i) in the 2015 Orders reads, “All Senator-elect are entitled to participate in the voting for Senate President and Deputy Senate President.”

Meanwhile, the Code of Conduct Tribunal had, on June 15, adjourned the trial of Saraki till June 21 (Tuesday).

Both the FCT High Court, where Saraki and others will be appearing for the forgery case, and the CCT, where the Senate President is already undergoing trial, share a boundary in the Jabi area of Abuja.

The CCT had adjourned for hearing a fresh motion filed by Saraki, seeking an order to disqualify the CCT chairman, Danladi Umar, from further presiding over the case.

Saraki filed his fresh application, accusing Umar of bias based on the remark made by the tribunal chairman at the last proceedings on June 7, 2016, while warning the defence against delay tactics.

Umar made the statement that was picked up while warning the defence that the alleged delay tactics would not “reduce the consequences the defendant will meet in this tribunal at the end of the trial”.

Saraki, in his fresh application, filed by his lawyer, Kanu Agabi (SAN), alleged that Umar’s statement would prejudice the outcome of the trial.

Saraki is being prosecuted by the Federal Government before the CCT on 16 counts, including false and anticipatory asset declaration, which he allegedly made between 2003 and 2011, when he served as the Governor of Kwara State.

He is also accused of operating foreign accounts as a public officer and of receiving governor’s salary or emoluments in addition to his salary as a senator for some periods after completing his two terms as governor and got elected as a Senator.

We don’t dabble into legal matters –APC

Meanwhile, the leadership of the All Progressives Congress has absolved itself of complicity in the travails of the Senate leadership over an alleged forgery of Senate Rules.

The party said it was not part of its functions to interfere with court issues especially a matter it had not investigated.

The National Chairman of the party, Chief John Odigie-Oyegun, said this in an interview with reporters in Abuja on Monday

He was reacting to allegations by the Senate that the executive was working with the party leadership to put Saraki and Ekweremadu on trial over the alleged forgery of Senate rules, which were used for their election in June, 2015.

Odigie-Oyegun said, “At this stage, l don’t think there is anything to say. In fact, everything is still guesswork. Nobody has said they have been arrested or asked to make statement or whatever.

“As a party, we do not think it is part of party business to interfere in judicial matters of that nature. We will just wait and see as we are even making investigations to be sure that is the situation.”

In response to the Senate allegation that the party leadership wanted the Senate leadership sacked, the party chairman said, “No, no, no. I don’t know; this is the kind of problem that the press always causes. You are now taking the sensational aspect. You are forgetting the nitty-gritty. Did what they say happened really happened? That is what you should look at.

“Take the two copies (the new copy and the old copy) of the Senate Rules and see if there is a difference. If there is a difference, at what formal meeting was it approved and adopted?

“You should start from this so that when you are commenting, it would not be sensational; it would be based on fact and reality. You see, we have to change the way we do things in this country. We have to start telling people what is right and what is wrong and to choose what is right as against what is wrong.”

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http://punchng.com/forgery-uncertainty-saraki-deputys-arraignment-today/

The Chairman, Presidential Advisory Committee Against Corruption, Prof. Itse Sagay (SAN), has asked President Muhammadu Buhari to disregard any bill from the National Assembly on life pension and immunity for its principal officers.

Also, the Trade Union Congress has strongly condemned the proposed life pension for principal officers of the National Assembly, describing it as ungodly and disgraceful.

In the same vein, the Chairman, Senate Committee on Foreign and Domestic Debts, Senator Shehu Sani, on Monday, opposed the proposed life pension and immunity for principal officers of the National Assembly.

The immunity and life pension for the presiding officers were proposed by some senators at a retreat organised by the Senate Ad Hoc Committee on Constitution Review in Lagos on Saturday.

Among others, the senators want the presiding officers of the National Assembly, such as the Senate President, Deputy Senate President, Speaker of the House of Representatives and Deputy Speaker of House of Representatives, to enjoy life pension and immunity.

While speaking with one of our correspondents on Monday, Sagay described the proposal as outrageous and annoying.

The senior advocate said the Senate seemed to be an institution where members only sought to promote their personal interests.

Sagay said he did not understand the rationale for life pension for the principal officers when the lawmakers received salaries monthly.

He said, “Saraki is a former governor. Is he not earning pension in Kwara already? The proposal is annoying, immoral and outrageous; it is the height of insensitivity. These demands show that they don’t fear Nigerians.

“Those pushing for the demands should have asked how the public would react before presenting the demands. I will ask the President to totally disregard the bill. The President should veto such bill if it ever gets to his desk.”

On the immunity for the principal officers, Sagay said seeking immunity was tantamount to planning for a crime and demanding immunity in advance to cover it up.

“Many are still questioning the immunity granted to the President and the governors and then some are proposing immunity for senators. Should all Nigerians be asking for immunity then? I am so shocked that some could be dreaming of such outrageous and annoying idea, it is nonsensical,” he added.

The President and Acting Secretary-General of the TUC, Messrs Bala Kaigama and Simeso Amachree respectively, also flayed the federal lawmakers for the proposal.

The labour leaders said on Monday that it was shocking for the lawmakers to make such demands with the current economic situation which had caused job losses and increased poverty in the country.

They also stressed that those found to have violated the laws of the land should be made to face the law.

“The Trade Union Congress condemns and describes as unfortunate the proposed life pension for presiding officers of the National Assembly after their tenure in office, even at a time the economy has collapsed and brought about massive job losses and unprecedented poverty.

“We also insist that those who violate the law, no matter how highly-placed, should face the wrath of the law,” they said.

The labour leaders stated that it was ridiculous that the lawmakers were either acquiring 108 jeeps or they would be increasing their allowances or awarding contracts to themselves and their cronies.

“Is it not unfortunate that while we are yet to recover from the shock caused by some lawmakers, who allegedly molested some ladies in a hotel in the US, another drama is unfolding with the latest proposal of life pension for Senate president, deputy, Speaker of House of Representatives and deputy?” they said.

The labour leaders argued that the benefits of the principal officers of the National Assembly were too juicy for them to demand more.

They believed that the excessive privileges for the lawmakers were responsible for their desperation to cling onto their positions, calling for the reduction of such privileges.

In his reaction, Sani, representing Kaduna Central at the National Assembly, registered his opposition to the constitutional amendment, which covered life pension for principal federal lawmakers as well as immunity for the public office-holders.

He said this on Monday when he visited the residence of the Kaduna State’s correspondent of the Peoples Daily Newspaper, Mr. Femi Oyelola, who was involved in an auto crash.

Sani, however, explained that he was not against immunity for the President and the Vice-President in the proposed amendment.

The senator added, “I am personally opposed to life pension for legislators, governors or their deputies or immunity for public office-holders.”

According to him, there is no reason for public office-holders to enjoy immunity.

Sani believed that all Nigerians needed social insurance.

The Senator, who had earlier donated N200,000 to the journalist while he was on admission at Saint Gerard Catholic Hospital, promised to pay the balance of Oyelola’s hospital bills.

http://www.punchng.com/proposed-pension-immunity-saraki-dogara-immoral-sagay-tuc/

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– The vice president of the Commonwealth Medical Association, Dr. Osahon Enabulele has condemned President Buhari’s medical trip to London
– He said it was tragic blot on Nigeria’s collective professional and National image
– According to him, the president failed to show leadership by example by not staying back to receive medical treatment in Nigeria
– He said receiving treatment in Nigeria would inspire confidence in the health sector Dr. Enabulele Osahon, the vice president of Commonwealth Medical Association has expressed disappointment over President Muhammadu Buhari’s medical trip to London for an Ear, Nose and Throat (E.N.T) infection.

He said it was a national shame of immense proportions that the president had to be recommended for foreign medical care despite the presence of over 250 ENT specialists and professors in Nigeria, as well as a National Ear Centre located in Kaduna state, Vanguard reports.

He said: “I am very constrained to state that this foreign medical trip flies in the face of the federal government’s earlier declaration of her resolve to halt the embarrassing phenomenon of outward medical tourism, which as at the end of the year 2013 had led to a humongous capital flight of about $1billion dollars, particularly from expenses incurred by political and public office holders and their accompanying aides, whose foreign medical trips most of which are unnecessary, were financed with tax payers’ resources.” Osahon noted that most of the public and political office holders who seek foreign medical care abroad are handled by Nigerian trained doctors in foreign lands particularly in the United Kingdom which has over 3000 Nigerian trained medical doctors, United States of America with over 5000 Nigerian trained medical doctors, amongst other foreign countries. He said most of the doctors emigrated because of government’s perennial failure to address certain issues such as poor working conditions and health facilities, insecurity, unpredictable and poor funding of Residency Training Programme, uncompetitive wages and job dissatisfaction. According to him, Buhari has lost a golden opportunity to assert his change mantra by not leading by example and staying back to receive medical treatment in Nigeria. Osahin said receiving treatment in Nigeria would inspire confidence in the health sector which currently boasts of medical experts that can favourably compare with medical experts anywhere in the world.

The former NMA president urged Buhari to lead by example at curbing medical tourism and saving Nigerians the great loss incurred through numerous trips abroad for medication. “Mr. President should make a clear public pronouncement on his resolve to show leadership by example with respect to the utilization of the medical expertise and facilities that abound in Nigeria by him and other members of the Federal Executive Council, particularly in concrete expression of section 46 of the National Health Act which seeks to address the abuse of tax payers’ resources through frivolous foreign medical travels embarked upon by political and public office holders,” he said. Osahon said Buhari should have invited a consortium of Nigerian trained ENT specialists in Nigeria to Abuja to re-evaluate and treat him or he should have identified any Nigerian trained ENT specialist practicing anywhere in the world if he feels the medical expertise is not available in Nigeria. “If it is a case where the health facilities/equipment are unavailable then the President should have used his current medical situation, though unfortunate, to commence the Federal Government’s plan to re-equip Nigerian hospitals with modern state-of-the art health facilities, by ordering for the needed medical equipment to enable the locally available Nigerian trained ENT specialists to attend to him, and thereafter use same facilities to attend to other Nigerians with similar conditions. “Indeed, it will be a win-win situation for Nigeria as Mr. President will not only get managed with the imported medical facilities and expertise; he would save Nigeria the capital flight that would result from his planned foreign medical trip,” he noted.

For days, there has been speculation surrounding the state of health of President Buhari, saying he is suffering from ear infection hut the presidency kept denying this. However, on Sunday, June 5, the presidency confirmed that president had a ‘persistent ear infection’ and would be leaving for London on a 10-day vacation where he will see an E.N.T. specialist ‎for the infection. On different occasions, the president cancelled official trips within and outside the country due to the infection and was represented at those events by Yemi Osinbajo, the vice president. Last weekend, Osinbajo represented him in Papua New Guinea where the 8th Summit of the African, Caribbean and Pacific Group of States held. He also represented the president at the 48th Ordinary Summit of Heads of State and Government of the Economic Community of West African States (ECOWAS) which held in Dakar, Senegal. Last week, the president also cancelled his trip to Ogoni land in Rivers state and directed Osinbajo to represent him. Prior to this, the president unable to travel to Lagos state to inaugurate some projects executed by Governor Akinwunmi Ambode despite elaborate preparations to receive him.

https://www.naij.com/851800-national-shame-read-commonwealth-doctors-saying-buharis-medical-trip.html

The Kogi State Governorship Election Petition Tribunal sitting in Abuja on Monday, dismissed the petition filed by the deputy governorship candidate of the All Progressives Congress in the November 21, 2015 governorship election in the state, James Falake, challenging the election of the incumbent Governor Yahaya Bello.

The three-man tribunal led by Justice Halima Mohammed held that Faleke lacked locus standi to challenge Bello’s election having never been sponsored by his party, the APC, as a governorship candidate in both the November 21, 2015 election and the December 6, 2015 supplementary poll.

It dismissed the petition for lacking in merit.

Earlier in the judgment read by Justice Mohammed, the tribunal had upheld Bello’s preliminary objection to the petition to the effect that Faleke lacked legal capacity to file the petition, the November 21 election which he claimed to have won having not been concluded.

The tribunal re-affirmed while considering the petition on merit that Faleke was never a governorship candidate of the APC at any stage of the election and did not participate in the primary leading to APC’s choice of its governorship candidate either for the November 21 governorship election of the December 6 supplementary poll.

It held on the other hand there was evidence that Bello participated in and emerged as the first runner-up in the primary from which the original governorship candidate of the party, the late Abubakar Audu, emerged as the party’s flag bearer.

It also held that the issues contended by Faleke bordered on the power of a political party to nominate its candidate, a decision which Justice Mohammed ruled the tribunal lacked jurisdiction to interfere with.

The tribunal added that Faleke having not participated in the said primary, lacked the locus standi to challenge Bello’s nomination by the party.

It added that going by the Supreme Court’s decision on PDP vs Okorocha, the votes polled on November 21 belonged to the various political party, the APC thus lacked the power to replace its flag-bearer upon Audu’s death.

Faleke was the running mate to the APC’s original governorship candidate, the late Abubakar Audu, who was coasting to victory but died after the November 21, 2015 election was declared inconclusive by the Independent National Electoral Commission.

Faleke had therefore filed his petition asking the tribunal to declare the substitution of Bello as the governorship candidate following Audu’s death in the December 6, 2015, was unlawful.

He urged the tribunal to declare that the election was already conducted and concluded on November 21 before Audu’s death, and that he had already emerged as the deputy governor-elect.

He therefore asked the tribunal to declare him as the valid substitute for the late Audu and should be returned as the governor-elect.

But delivering its judgment on Faleke’s petition, the tribunal held that contrary to Faleke’s contention, the election the November 21 poll had not been concluded and thus the right to challenge the outcome of the poll had not accrued to him going by the provisions of the Electoral Act.

The tribunal also held that Faleke remained the deputy governorship candidate of the party in the December 6 supplementary poll having failed to withdraw his candidacy as the running mate in the manner stipulated by law.

http://punchng.com/kogi-tribunal-dismisses-falekes-petition-bello%E2%80%8E/

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