₦airaland Forum

The News Agency of Nigeria (NAN), reports that a presidential aspirant, Mr Cosmas Ndukwe, filed an ex-parte application for an order of injunction restraining the PDP from proceeding with its scheduled primary election.

When the matter was called on Thursday, counsel to the plaintiff, Mr Paul Erokoro (SAN), told the court that he received PDP’s affidavit stating why the primary election should not be stopped late on Wednesday.

Erokoro prayed the court for an adjournment to enable him to peruse the document and respond to the reasons adduced to by the PDP against the suit of his client.

Counsel to the PDP, Mr Mahmud Magaji (SAN), as well as counsel to the other defendants, did not oppose the request for an adjournment.

Justice Donatus Okorowo, subsequently fixed May 10, to hear the matter and asked parties to file and exchange their processes ahead of the day.

NAN reports that Ndukwe, former Deputy Speaker, Abia House of Assembly, had on April 28, filed an ex parte application for an order of injunction restraining the PDP from proceeding with its scheduled primary election.

He said the primary election should be put on hold pending the hearing and determination of his suit, challenging the position of the party on the issue of zoning the party’s presidential ticket.

Justice Okorowo, rather than grant Ndukwe’s request, ordered that the PDP should appear before him on May 5, and show cause why the court should not grant Ndukwe’s request.

Ndukwe listed the PDP, its National Chairman, Mr Iyorchia Ayu, Sen. Samuel Anyanwu and the Independent National Electoral Commission (INEC), as defendants in the suit marked: FHC/ABJ/CS/508/2022.

THE DIE IS CAST

In recent times, I have had several support groups clamouring that I make bold political moves. I sincerely thank them for their trust and concern. While there are calls for me to run for the senate others say I should throw my hat into the presidency ring.

As a leader, I understand that I must make tough decisions and make tough sacrifices to enhance the lives of people around me.

I am not oblivious to the fact that persons of interest are donating to further this cause, however, the reality of our political system where delegates decide on the fate of millions makes the yearnings of the youth even more difficult.

I appreciate everyone for their time and sacrifice. This is not about me but the next generation - I have always been committed to building a new generation of leaders.

As young and credible people, it's about time we make strong demands from our party. We must bring our negotiation strength and skills to the table even as political party primaries fast approach.

To this end, a meeting by the coalition of Progressives Young Nigerians shall be taking place at Ikeja Airport Hotel, on Thursday 5th of May, by 3 pm. Young people seeking elective positions in the country are invited.

#YouthsForPeller #PellerForTheYouths

Armed police operatives were seen at the secretariat of Peoples Democratic Party, in Abia State on Thursday.

The policemen restricted movement in and out of the secretariat located at Finbars Road, Umuahia.

They were said to be working with “an order from above”.

The Publicity Secretary of Abia PDP, Fabian Nwankwo, said workers and officials of the party had been asked to observe one-day rest at home.

Benedict Ayade, the Executive Governor of Cross-River State has directed ALL Political Appointees in the state with interest to contest the 2023 General Elections to resign their appointments latest tomorrow.

GRUESOME MURDER OF TWO SOLDIERS BY IPOB/ESN, CALLOUS AND DESPICABLE

The Nigerian Army (NA), on Saturday 30 April 2022 received information on the gruesome, barbaric and most despicable manner in which members of the Indigenous People of Biafra(IPOB) and its armed affiliate, Eastern Security Network(ESN) murdered in cold blood, two soldiers Master Warrant Officer (MWO) Audu M Linus (retired) and Private(Pte)Gloria Matthew, who were on transit to Imo state for their traditional wedding. Apparently, the soldiers had embarked on the trip to fulfill the traditional rites of conjugating their matrimony, as the very well respected and cherished Igbo tradition demands.

Ironically, the fact that one of the soldiers, Pte Gloria Matthew who hails from Nkwerre LGA of Imo state, has an ethnic affiliation with the good people of South East Nigeria did not prevail on the sensibility of the dissidents.

This dastardly act, one too many, clearly portends the deep seated hate, desperation and lawlessness with which foot soldiers of IPOB/ESN have being unleashing terror on Ndigbo, whom they claim they are on a mission to protect and emancipate, as well as other innocent Nigerians who are resident or transiting the South East.

This gruesome murder, in which they did not spare even their own child, clearly depicts callousness, impenitence and is indisputably, a brazen act of terrorism perpetrated by IPOB/ESN.

Though the dissident groups have continued to live in denial, while masquerading as unknown gunmen in their criminal violent campaign in the region, the NA will ensure the perpetrators of this dastardly act unleashed on its personnel do not go unpunished. While we deeply condole with the families, relations and close associates of the victims, the NA has commenced investigation to unmask and bring the criminals to book.

Members of the public are please enjoined to oblige security agencies actionable information that will lead to the arrest of these criminals.

ONYEMA NWACHUKWU
Brigadier General
Director Army Public Relations
3 May 2022

A former Governor of Jigawa State, Sule Lamido has cautioned ex-President Goodluck Jonathan against dumping the Peoples Democratic Party, PDP, for the All Progressives Congress, APC.

Lamido warned that Jonathan risked God’s wrath if he succumbed to the calls that he should dump PDP for APC.

Some Nigerians have been calling on Jonathan to defect to the APC and contest for the 2023 Presidency.

Reacting to the call, the former President said he can’t tell if he will run for the Presidency in 2023.

However, Lamido, a PDP chieftain, cautioned Jonathan against defecting to APC because the opposition party invested a lot in him.

Lamido said the former President should consider the suffering of PDP members who stood by him during the 2015 campaign before opting to defect to APC.

He disclosed that APC persecuted PDP members for supporting Jonathan during the 2015 Presidential election.

“That means all they went through, the pain, the humiliation, for supporting Jonathan in 2014 was nothing. Even Jega (then-INEC Chairman) was not left out. We went through hell in 2014, all for Jonathan. He called me during the election in Jigawa. I said “sir”, he said “I hope you are safe”. I said “don’t worry sir. We are home and dry”. He said “thank God”.

“I knew the kind of humiliation he went through. How he lost the election through blackmail, threat and division between tribes and Christians and Muslims. I met him in the Presidential Villa four days after Buhari won the (2014) election. What I told him in the Villa is for another day. I won’t say that now. He should remember what I told him. He should take all this into consideration. Is this the way he wants to reward PDP? Is this way he is going to reward PDP for inventing him? Minus PDP, who will ever know anybody called Jonathan? Today, he is an international person, being called upon by the world to perform functions for the world.

“How did he get that kind of status? It is from PDP. Now, he is said to be going to APC because of greed, to destroy all this history of his? God will not allow him. If he goes, God will defend PDP.

“If he goes, he will meet the wrath of God. I urge him not to do it. The people courting him now are liars. They lied to get to the government. I urge him in the name of God, the very God that made him from nothing, to think about PDP which made him from nothing. He should please reconsider,” he told Vanguard.

Vice-President Yemi Osinbajo is the preferred candidate of Nigerians to succeed President Muhammadu Buhari in 2023.

This was revealed by a recent nationwide survey carried out by the Intellectual Forum on Politics and Governance(IFP&G).

The survey, which was carried out by the group in February, indicated that Osinbajo is most likely to win a general election due to his popularity among a large number of Nigerians.

“Analysis of the results clearly indicated that the Vice President Yemi Osinbajo was the citizens’ choice for the next president of the federation,” the group said in a statement.

The statement was signed by its Deputy Chairman, Prof. Nasiru Yauri; Organising Secretary, Prof. Yahaya Baba, and member representing South East, Prof. Ike Ogba.

Yauri has specialisation in Economics, management and international finance; while Baba is specialised in comparative political institutions.

Ogba is however, specialised in marketing, business strategy, consumer and organisational behaviour.

The statement added that the group was established to support the critical analysis of various issues related to national development.

The poll asked Nigerians to choose their favourite among Osinbajo, former Lagos State governor and national leader of APC, Asiwaju Bola Tinubu, a former governor of Kano State, Rabiu Kwankwaso and former vice president, Abubakar Atiku.

Although some other prominent politicians had since declared their intention to contest for the presidency in 2023, the group stated that Osinbajo, Tinubu, Kwankwaso and Atiku were selected on the basis of the politicians who were most likely to make a bid for the presidency at the time the survey was designed.

The IFP&G poll result was based on the balanced random sample of 12,000 names selected from a database of registered voters, with the respondents spread across the states of the federation and all six geopolitical zones fully represented.

Aside from leading the final poll as the citizens choice for the next president, the result analysis showed that Osinbajo polled almost twice the nearest challenger with 42.50% of the respondents selecting the Vice President as their preferred choice, and 25.51% selected Abubakar Atiku as their preferred choice.

It added that 18.07% selected Rabiu Kwankwaso while 13.92% of the respondents selected Bola Tinubu as their preferred candidate.

“It can be argued that if Bola Tinubu was not one of the selected candidates in this survey, the likelihood is that Prof. Yemi Osinbajo would have picked up most of the votes that is, the 13.92% who voted for Bola Tinubu, taking him well over the 50% mark which is enough to win any election going by past records of elections in Nigeria,” the group noted.

The results of the survey were also disaggregated into gender, state and geopolitical zones, the statement added.

Aside from the final results, Osinbajo also led in other criteria used by the group in its analysis; including being the leading candidate in four out of the six zones; and the preferred candidate for both males and females nationally.

Based on the analysis of the results from the six geo political zones, Osinbajo led in the South South, South West, South East and the North Central zones, while he was second to Rabiu Kwankwaso in the North West and also second to Abubakar Atiku in the North East zone.

Similarly, the group stated that when the results were analysed on a gender basis, “Prof. Yemi Osinbajo was clearly the preferred candidate for both males and females nationally, with 41.29% of males selecting him as their choice and 46.38% of females selecting him.

” This can be compared with 15.16% of the male gender selecting Bola Tinubu and 9.95% of the female gender selecting Bola Tinubu as their preferred candidate for president.”

“The survey was carried out by telephone call. Respondents were simply asked who they would prefer to be their president in 2023 out of the following politicians, Bola Tinubu, Yemi Osinbajo, Rabiu Kwankwaso and Abubakar Atiku.

” The politicians were selected on the basis of the politicians who were most likely to make a bid for the presidency at the time the survey was designed,” the statement said

The statement noted that a total of 5,525 citizens responded to the telephone calls, representing a response rate of 46 per cent.

“This sample size guarantees at least a confidence interval of 95% with a 3% margin of error.

” Of the responders, 35% were female and 65% were male, therefore the results were slightly biased toward men.

” It should also be considered that with phone penetration at approximately 80% of the population, the survey results apply specifically to the subset of the country who possess mobile phones,” it said.

How prepared are the state Houses of Assembly for the consideration of the amendments made to the constitution as sent to you recently?

I can say that the 36 state Houses of Assembly in the country are fully prepared. You must have heard that we held a meeting in Ibadan, the Oyo State capital, and there, we discussed the issue of the transmitted Constitution 5th Alteration Bill, 2022. So, I can tell you that all the assemblies are ready and are still getting ready to handle the ratification.

Of all the amendments, which will you say are crucial to the Conference of Speakers?

There is the financial autonomy of state Houses of Assembly, which we believe is an issue that the Houses of Assembly have to ratify. We also have the issues relating to local government autonomy, which is still lingering. There was an attempt in the fourth alteration but it couldn’t go through. This time, it is an area that the state Houses of Assembly will focus on and we’ll look at it and its merit and decide on it.

At an event in Abuja in February, the conference pledged to support women representation in decision-making and the gender alterations in the amendment. What do you make of the non-approval of the gender bills by both chambers of the National Assembly?

I don’t know but maybe being the chairman, who is a he-for-she award recipient and an advocate for women development and sustainability, is the reason why the Conference of Speakers of State Legislatures of Nigeria is in full support of gender inclusion in the constitution. However, after making a lot of commitments and promises to women groups in the country, most of the bills that affect gender issues did not scale through in the National Assembly. In our meeting in Ibadan, we said we would make a case for some issues that were expunged from the earlier proposals submitted to the Conference of Speakers. Perhaps, that issue of women inclusion may be considered or be referred back to the National Assembly for reconsideration.

One issue that is dear to Nigerians is state police. It also didn’t make it during the voting. What will be your next step on this?

This is one of the items that we singled out during our meeting in Ibadan. The conference frowned on the issue of state police, which is a very serious issue. I don’t know why the National Assembly and the Federal Government are kind of playing with it. You are aware of the issue of insecurity bedevilling every part of the country. I don’t think there is any state in the country that is not affected by this issue of insecurity. We only have the police and the Army, and they are both agencies of the Federal Government. State governors have no control over these security agencies.

It is good to allow state governments to have their own policing structure in order to improve security in the various states. Definitely, this is an issue that we categorically mentioned and that we will request the National Assembly to reconsider so that it may scale through in the second phase of the alteration.

But some people have expressed fears that some governors may use the establishment of state police as an opportunity to settle political scores. What do you think about this?

That is not a good enough reason. You can’t throw away the baby with the bath water. State policing will help in addressing the problem of insecurity in the country. You don’t say because some governors will use it for political reasons then you won’t grant it to them. This is unfair to me; state policing should be allowed for the security of our people.

When you addressed the Joint Senate and House of Representatives Ad Hoc Committees on the Review of the 1999 Constitution with Speakers of states assemblies in February, you said issues of restructuring, devolution of power, community and state policing were very important issues that should be captured in the amendment; all of these didn’t make it. How do you feel about it?

We actually feel bad and we also believe that the alteration of the constitution is a progressive issue. If these issues didn’t go through in this fifth alteration, there will definitely be sixth and subsequent alterations. We will keep on pushing; we will keep on pressurising until we see that these issues are addressed.

So, will the state assemblies go ahead to ratify these provisions?

Well, you see, the constitution of the Federal Republic of Nigeria, section 9 (2), only allows the state Assemblies to ratify, you cannot make input, you cannot make additions or subtractions, you can either vote yes or no and that is it. But I can assure you that inasmuch as state assemblies are there, they will continue to push for these issues because they are germane.

Many Nigerians believe that the constitution itself is fraudulent because it was imposed on Nigerians by the military. Do you agree with those who said the nation needs a new constitution?

The truth of the matter is that the 1999 Constitution was drafted by the military. A lot of people have this opinion, but to me, let us do this alteration and if those that have this opinion insist, we can go with their requests. Maybe the time will come when we may have a brand new constitution that will be written by the people, but for now, we should continue using this one that we have. For now, there is no time for us to write a brand new constitution.

Many people, especially lawyers and the elite, believe that the constitution is at the root of Nigeria’s problems and that something needs to be done about it. Do you agree with that opinion?

I don’t want to agree with this issue; the constitution cannot be the source of our problem. We know that our constitution solves a lot of problems in this country without which there would have been chaos everywhere. I believe in the constitution of this country, except for the alterations

Many people believe that state assemblies are in the pockets of governors and they readily do the bidding of the executive despite the fact that the state legislatures are supposed to be independent, why the brazen submission by the assemblies to the executive?

This is another opinion held by some people, who are only expressing it. State legislatures are not in the pockets of the executive. I consider the state legislatures and the executive as partners in progress. If there is a cordial relationship between the state legislatures and the executive, you will see development; in the absence of it, there won’t be development.

How are you able to do things differently in Bauchi given that the majority of members of the House are in the opposition?

It is not magic; it is just the co-operation of my colleagues, the members of the state House of Assembly. There is nothing other than that. It is just cooperation, the love for the state and the people. Once you put the people of the state ahead of personal interests, you’ll see cordiality. There’s no magic; I am just lucky to have members who just love the state, and members who have concern for the state. I don’t want to blow my trumpet; if it is magic, you will know; if it is my style of leadership, you will know. Whatever it is, you will know.

Many states still tamper with the allocation to local governments, thereby violating extant provisions of the law, but state assemblies appear not to see anything wrong about it. Is there some connivance between the executive and legislature on this?

For instance, in Bauchi State, majority of members of the Assembly are from a different political party other than that of the governor, and yet, everything is going on well, but you hear critics saying, ‘They are in the pocket of the executive’. It is not true. This harmonious relationship is very vital to the development of a state. This people who hold that opinion are people who want to always see the legislatures and the executives at loggerheads and it is at the expense of the masses and the state. So, I don’t believe that the legislatures are in the pockets of the executive. I know that in Bauchi State, there is no connivance. This fifth alteration will take care of everything; when the local governments are granted financial and administrative autonomy, then all these allegations will be addressed.

There is an issue that most state assemblies have shied away from, which is the refusal of some states to conduct local government elections in clear violation of the constitution. This and many other issues have made people look down on state Assemblies as if they are only there to serve the executive. Are you concerned about this?

As a lawmaker, I must be concerned because this is a clear violation of the constitution for a governor not to conduct local government elections. It is a clear violation of the laid down rules and regulations and I must be concerned. But thank God that with this fifth alteration, if that issue of financial and administrative autonomy scales through, then definitely, it will be a bygone issue.

What do you think is the solution?

The solution is to make sure that local government financial and administrative autonomies in the alterations are ratified by at least 24 state Houses of Assembly.

One of the issues raised during your meeting in Ibadan was the deteriorating state of security in the country; you lamented how bad the situation is becoming. If you were to be President today, how will you address the security issues?

I cannot directly criticise the President of the Federal Republic of Nigeria. I know he is doing his best in addressing these issues, but somewhere, somehow, something is going on wrong. If today I am the President, I will sit with all the security chiefs to find out the way out of these issues. There must be a way out and a solution.

Many Nigerians are very worried because nobody can travel to any part of the country freely. Since you are representatives of the people, they feel you should be able to say or do something to help in tackling these challenges. So what do you think is the problem?

I don’t know what the problem is, but your observation is true. During our meeting in Ibadan recently, we lamented this issue and called on the Federal Government to go after these people (bandits and terrorists). I read in the news that one of the captives was released. Although they said no ransom was paid, I also learnt that he paid N100m as ransom. He was quoted as saying that there are a lot of other people still in captivity. So, we call on the Federal Government to go after these bandits with a view to securing the release of those in captivity, because it is a very worrisome issue.

With the 2023 general elections around the corner, what will be your advice to fellow politicians because some of them are found of using money to buy the electorate and also sponsor thugs?

All those using money, thugs or cultists are those who have underperformed in office because if you perform, you don’t need all these. What you did for your people will make them vote for you massively. Using money to buy voters during elections is against the Electoral Act of the Federal Republic of Nigeria. So, I call on all my colleagues and other politicians, who are preparing to engage in vote-buying and thuggery during the coming elections to please desist from such acts. Let us try and nurture this democracy. Using money to influence voters to vote for you is undemocratic; using thugs is also undemocratic. I call on all my colleagues and fellow politicians to desist from using money and thugs.

And to the electorate, they should resist any attempt to buy them or influence them or even use them as thugs. I’ve heard politicians saying they will not do anything for their constituents and on the day of elections, they will go with money and buy votes from the electorate; it is wrong. Just do the needful and work for them and that will earn you votes from your people. The people should reject and resist any attempt by politicians to use money and thugs during elections.

What will you consider as your greatest achievement as the Speaker of the Bauchi State House of Assembly and Chairman, Conference of Speakers of State Legislatures of Nigeria that posterity should remember you for?

There are a lot of achievements but I don’t want to blow my own trumpet. But one thing I know I will be remembered for is the harmony between the legislative and the executive arms of government. The result of that is the development you see across the state. If the cordial relationship wasn’t there, I don’t think the people of Bauchi State would have benefitted from this present administration.

As the Chairman, Conference of Speakers, there are also a lot of achievements. I was a Speaker under the previous chairman and I know he did his best during his tenure. The ability to at least bring Speakers together to discuss developmental issues is an achievement. Since my assumption of office, we have not missed our meetings. We’ve been meeting and we’ve been making progress and there are many achievements.

There are strong indication that the Lagos State Governor, Babajide Sanwo-Olu may likely run for the 2023 gubernatorial election with the incumbent Secretary to the State Government (SSG), Folashade Jaji as running mate.

This followed revelation that Sanwo-Olu’s Deputy Governor, Dr Obafemi Kadiri may likely vie for a senatorial seat on the platform of the All Progressives Congress, (APC).

Daily Independent gathered that the choice of Jaji as the Deputy Governor is being considered to balance the gender equation as well as attract the full support of womenfolk which forms the bulk of the voters and give them a sense of belonging.

It is instructive to note that during the previous administrations in the state, particularly, former governors Babatunde Fashola and Akinwumi Ambode had female deputies.

Hamzat had always been rumoured to have the plan of relocating to Epe after the first tenure with Sanwo-Olu where he initially intended to run for the office of Governor before reshaping it to senatorial after power bloc advice.

In the wake, he was advised to relocate to Ifako/Ijaiye and contest the Lagos West Senatorial district which is vacant because of the incumbent, Senator Solomon Olamilekan, popularly called, Yayi, relocating to Ogun West.

Interestingly, quite a number of aspirants have started emerging for the West Senatorial District to replace Yayi. Notable among then is former Minister of Defence, Senator Musiliu Obanikoro, whose colourful posters could be seen at various corners of the district.

Others are Senior Special Assistant to President Muhammadu Buhari on Sustainable Development Goal (SDG) Mrs Joke Orelope-Adefulire, and Dr Idiat Adebule, both former deputy governors and former Commissioner for Transportation, Comrade Kayode Opeifa and still counting.

INTRODUCTION

Nigeria is a country of one major news item per day. At times, one scandal per day. The hot issue in the polity currently generating national ruckus, hoopla and bedlam is the presumed intention of Dr Goodluck Ebele Jonathan to run for the 2023 presidency. I have carefully read the many arguments of those (I call them antagonists) who believe that Dr Goodluck Ebele Jonathan is disqualified from contesting the 2023 presidential election. According to them, he had already done two terms of 4 years each and will thus be ineligible to contest for a third term. They cite the Fourth Alteration (No 16) Act, which was signed into an Act by President Muhammadu Buhari on the 11th of June, 2018. The section they are relying on is section 137(3) of the said Fourth Alteration to the 1999 Constitution, which provides that “a person who was sworn in to complete the term for which another person was elected as president shall not be elected to such office for more than a single term”.

THE ANTAGONISTS ARE DEAD WRONG IN THEIR LEGAL POSTULATIONS

The truth of the matter is that the antagonists of Jonathan running in 2022, in their strange line of argument, are mainly relying on the above section 137(3). They have probably not adverted their minds to the provisions of sections 141 of the Electoral Act, 2010, as amended; and section 285(13) of the same Fourth Alteration to the 1999 Constitution, as amended, the very Alteration they are relying on. More revealing is that these antagonists are probably not aware of an extant and subsisting Court of Appeal decision where Jonathan was frontallly confronted and challenged before the 2015 presidential election, with the same ground of being ineligible to contest the said 2015 election, having allegedly been elected for two previous terms of office. The very section 137(3) being relied upon by the antagonists, was signed into law in 2018, three years after Jonathan had left office; and 7 years after he took the oath of President upon Yar’Adua’s demise. Can Jonathan be caught in the web of section 137(3) retrospectively? We shall see that anon.

The case of Jonathan running had been challenged in CYRIACUS NJOKU V GOODLUCK EBELE JONATHAN (2015) LPELR-244496 (CA). In that case, the Court of Appeal, Abuja Division, held that President Goodluck Jonathan had only taken the oath of office once and therefore upheld his eligibility to contest the then Nigeria’s presidential election slated for March 28, 2015.

The intermediate court held that the oath of office President Jonathan took in 2010 was merely to complete the “unexpired tenure” of late President Umar Yar’Adua, who had died while in office as President.

The appeal had been lodged before the court by one Cyriacus Njoku, who had challenged the ruling of the High Court of the Federal Capital Territory, Abuja, which on March 1, 2013, had dismissed the suit he filed to stop President Jonathan from contesting the 2015 polls.

In the lead judgement delivered by Justice Abubakar Yahaya, the full panel of the court unanimously held that President Jonathan had only spent one term in office as President, going by the provisions of the 1999 Constitution.

Recall that the then Vice President Jonathan had been empowered as Acting President on February 9, 2010, following a motion for operation of the “doctrine of necessity”, by the Senate, owing to the protracted stay of late President Umaru Yar’Adua in Saudi Arabia on medical grounds.

When President Yar’Adua eventually died on May 5, 2010, Jonathan was sworn in as president to serve the unexpired residue of office of Yar’Adua. Jonathan was later elected President in 2011 for the first time, on his own merit, after he contested the election.

Mr. Njoku had contended in his suit that Jonathan had already taken the oath of office and allegiance twice and therefore, should be disqualified from contesting the 2015 election, as any victory he secured would amount to being sworn in thrice.

However, the Court of Appeal held that the oath that Jonathan took in 2010 was merely to complete the unexpired tenure of late Yar’ Adua; adding that by virtue of Section 135 (2)(b) of the 1999 Constitution, Jonathan only took his first oath in May, 2011; and not May 5, 2010, when he succeeded late Yar’ Adua. The Court of Appeal further held that disqualification is through election, not oath-taking.

The intermediate court’s luminous judgement read in part:

“In this appeal, it is not controverted by the appellant that the first oath taken by the first defendant (Jonathan) was the oath he took as the Vice President and not as President… But he took the oath in May 2010 to complete unexpired tenure of late Umaru Musa Yar’Adua. Section 37(1)(b) disqualifies a person from contesting for president if he had been elected twice. Disqualification is through election and not oath taking. Election is a process of choosing a person to occupy a position by voting. When election is given its literal meaning, it connotes when a voting is employed to choose a person for political office. This did not take place when Jonathan stepped into the shoes of his Principal who went to the great beyond. To say these things were done is to import words not used by the constitution.‎ Section 146(1) of the constitution cannot be deemed an election for a VP to step into the office of a President. Election involves conducting primaries by party, nomination, election and announcement of results. All these processes were not done. If a VP succeeds a President that dies, that cannot be challenged. It is a mode of stepping into the vacant office provided for by the constitution. When a President dies, the Vice President automatically becomes President as provided for by S130 (1)(2) of the 1999 constitution… It was not election that produced the first respondent in May 2010, the oath he took then was not an oath of elected President as provided for by Section 180 of the constitution. The process of election was followed in 2011. The oath of office taken in 2011 was the first oath taken by the first respondent as an elected President having fulfilled all the process of election.… Again, the succession of a Vice-President to the office of a President who died, in accordance with Section 146(1) of the 1999 Constitution, cannot be “deemed an election”, especially for the purpose of taking away a right that has been vested. As stated earlier, an election under the 1999 Constitution involves primaries, nominations, voting and declaration of results. That is the mode prescribed in electing a President, and once it is so prescribed, it must be followed, and no other method can be employed. All these processes can be challenged in a Court of law and if successful, the election would be annulled. But if a Vice-President succeeds a President who died, that cannot be challenged because it is a Constitutional provision, and the succession cannot be annulled. It is a mode of assumption to the office of the demised President, an ‘appointment’ by the Constitution, as it were, as no letter of appointment is necessary from anybody. The Vice-President automatically becomes the President, by virtue of his being the Vice-President. An example can be found in Section 130(1) and (2) of the 1999 Constitution.” Per ABUBAKAR DATTI YAHAYA, JCA (Pp 40 – 41 Paras E – D)

The Court of Appeal further upheld the decision of the lower court which had dismissed Mr. Njoku’s suit for lack of locus standi. It noted that “it is fundamental that where a party lacks locus, the court cannot assume jurisdiction….We agree with the lower court that the appellant has no locus to sue”.

On the question of the cause of action, the court held that the case of the appellant was “speculative and imaginary as none of the reliefs he sought accrued to him any benefit”.

Indeed, the Court of Appeal had awarded the sum of N50, 000 each as cost to the defendant, President Jonathan.

DID PRESIDENT JONATHAN SATISFY THE PROVISIONS OF THE CONSTITUTION AND THE ELECTORAL ACT WHEN HE SUCCEDED YAR’ADUA IN MAY, 2010?

For a candidate to be declared elected winner, he must have participated in all the stages of the election. These are the words of section 285(13) of the Fourth Alteration to the 1999 Constitution and section 141 of the Electoral Act, 2010, as amended. They provide that “an election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person have not fully participated in all the stages of the said election”.

Surely, when President Jonathan in May, 2010 stepped into the shoes of late President Yar’Adua, he merely fulfilled constitutional provisions. He did not and could not have participated in all stages of the election such as to be deemed to have been a candidate. It was not an election, but the “doctrine of necessity”, that made him President. In the eye of the law therefore, Jonathan never contested any election. See the cases of MODIBBO V. MUSTAPHA USMAN & ORS (2020) NWLR (Pt 1712)470 (SC); OZOMGBACHI V. AMADI (2028) LPELR-45152 (SC); CPC V. OMBUGADU (2013) LPELR-21007 (SC); PDM & ANOR V. INEC (2020) 17 NWLR (Pt 1753) 303 (SC).

NO ONE IS ASKING FOR TENURE EXTENSION FOR JONATHAN

The case of SENATOR RASHIDI LADOJA V. INEC (2007) 12 NWLR (Pt 1047)119 (SC) is quite distinguishable from the Jonathan scenario. The Supreme Court held in that case that neither it nor any other court has the power to extend the period of four years prescribed for a Governor of a state beyond the terminal date of either 4 years or cumulative 8 years.

This also accords with the case of MARWA V. NYAKO (2012) 6 NWLR (Pt 1296) 199 (SC), where the apex court described the time fixed by the Constitution for doing anything as “immutable, fixed as the rock of gibrata which cannot be extended, elongated, expanded, or stretched beyond what it states”. See also section 180(1),(2) and (3); and section 182 (1)(b) of the 1999 Constitution.

Indeed, in dealing with the amendment of July, 2010, in section 180(2) (2A), the Supreme Court again kicked against retrospectivity in the same MARWA V. NYAKO (supra), when, coram Adekeye, JSC, it declared: “The amendment of July, 2010, is not meant to be retrospective as the event in this appeal occurred in 2007 and 2008 respectively. The amendment has not changed the law, but is merely a clarification to the existing provision”

RETROSPECTIVITY OF LEGISLATION

Aside Jonathan being completely cleansed of the virus of ineligibility to contest the 2023 presidential election by the still extant Court of Appeal decision in Njoku’s case, as Naaman the leper was, after dipping himself in the River Jordan seven times, Jonathan is also aided by the golden canon of interpretation to the effect that an enactment does not operate retrospectively or retroactively to take away from citizens, enured and vested rights.

We may now ask the question: What is the effect of Buhari signing into law section 137(3) of the Fourth Alteration to the 1999 Constitution in 2018? The answer is found in section 2 of the Interpretation Act which provides that:

“1. An Act is passed when the President assents to the Bill for the Act, whether or not the Act then comes into force;

Where no other provision is made as to the time when a particular enactment is to come into force, it shall, subject to the following subsection, come into force
In the case of an enactment contained in an Act of the National Assembly, on the day when the Act is passed;


In any other case, on the day when the enactment is made”.
It is, therefore, clear from section 2 of the Interpretation Act that section 137(3) of the Fourth Alteration to the Constitution took effect from 11th June, 2018, when President Muhammadu Buhari assented to it, and not earlier. Section 137(3) is anchored on section 318(4) of the 1999 Constitution which provides that, “the Interpretation Act shall apply for the purposes of interpreting (its) provisions”.

Section 137(3) is one piece of legislation that can be termed retrospective or retroactive legislation, and it is frowned upon.

On retrospectivity of legislation, the apex court, coram Justice Kekere-Ekun, J.S.C, held in the case of SPDC V. ANARO & ORS (2015) LPELR-24750(SC) at (Pp. 64 paras. B), thus:

“There is a general presumption against retrospective legislation. It is presumed that the legislature does not intend injustice or absurdity. Courts therefore lean against giving certain statutes retrospective operation. Generally, statutes are construed as operating only in cases or on facts, which come into existence after the statutes were passed unless a retrospective effect is clearly intended. It was held inter alia, in: OJOKOLOBO VS ALAMU (1987) 3 NWLR (Pt.61) 377 @ 402 F-H that it is a fundamental rule of Nigerian law that no statute shall be construed to have a retrospective operation unless such a construction appears very clearly in the terms of the Act or Law; or arises by necessary and distinct implication. See also: Udoh Vs O.H.M.B. (1993) 7 NWLR (Pt.304) 39 @ 149 F – G; ADEGBENRO VS AKINTOLA (1963) All NLR 305 @ 308.”

Similarly, in ALEWA V. SOKOTO STATE INEC (2007) LPELR-8388(CA) (PP. 32 PARAS. A), the Court of Appeal, per Ariwoola JCA (as he then was), held thus:

“It is however settled law that, unless the law makers expressly state otherwise, a statute operates prospectively but not retrospectively. It is a cardinal principle of English Law that no statute shall be construed to have retrospective operation unless such a construction appears very clearly in the terms of the Act, or arises by necessary and distinct implications. The position is the same in this Country. In OLANIYI VS. AROYEHUN (1991) 5 NWLR (pt 194) 652, the Supreme Court held that:- “A construction like other statutes operates prospectively and not retrospectively, unless it is expressly provided to be otherwise. Such legislation affects only rights which came into existence after it has been passed.” See also; CHIEF C. ODUMEGWU OJUKWU VS. CHIEF OLUSEGUN OBASANJO & ORS. (2004) 7 SCM 53 at 93; AFOLABI & ORS. V. GOVERNOR OF OYO STATE (1985) 2 NWLR (pt 9) 734; OJOKOLOBO VS. AREMU (supra);

ADESANOYE V. ADEWOLE (supra) at 147 B-C & D-E; West v. Gwyne (1911) 2 CH 1; A.G. Federation v. A.N.P.P. (2003) 15 NWLR (844) 600 at 648 G -H; SA’AD V. NYAME (2004) All FWLR (201)1678; EGUNJOBI V. FRN (2012) LPELR-15537(SC), (PP. 34-35 PARAS. F); ADEGBENRO V. AKINTOLA (1963) 2 SCNLR 216; ADESHINA V. LEMONU (1965) 1 All NLR 233; THE SWISS AIR TRANSPORT CO. LTD V. AFRICAN CONTINENTAL BANK LTD (1971) 1 All NLR 37; ATTORNEY GENERAL EAST CENTRAL STATE V. UGWUH (1975) 5 SC 13″.

Indeed, section 4(9) of the Constitution strips the NASS “in relation to any criminal offence”, the power to “make any law which shall have retrospective effect”. Though this section specifically deals with criminal offences, judicial decisions clearly show that it operates with equal force to civil matters.

Thus, in MODU V. FRN (2016) LPELR-40471 (CA), the intermediate court held that:

“The argument that the Interpretation Act applies to civil legislations only is not only untenable but flawed. A legislation is a legislation and there is nothing in the Interpretation Act to indicate that it only applies to civil and not criminal legislations”. Per YARGATA BYENCHIT NIMPAR, JCA (Pp 18-18 Paras C-E)

CONCLUSION

For those who were too young to know that Jonathan left office since May 29, 2015, the oath of office and oath of allegiance which he subscribed to in 2015 were taken prior to the enactment of section 137(3) of the Constitution in 2018. Consequently, as held in MODU V. FRN (supra), all rights, duties, obligations and interests created under section 137 (3) are inapplicable to his rights, duties and obligations which had accrued to or enured in him before the said enactment.

Thus, the court held in the case of the ATTORNEY GENERAL OF THE FEDERATION V. ALL NIGERIAN PEOPLES PARTY (ANPP) & 2 ORS. (2003) 15 NWLR (Pt. 844) 600 @ pages 648-649, paras. E-B, that:

“A statute is deemed to be retrospective where it takes away any vested right acquired under existing laws or creates a new obligation or imposes a new duty or attaches a new disability in respect of transactions or considerations already past… Based on the presumption that a legislature does not intend what is unjust, the courts have always leaned against giving statutes a retrospective effect and usually regard them as applying to facts or matters which came into existence after the statutes were passed unless it is clearly shown that a retrospective effect was intended by the legislature. In the instant case the constitution came into being on 29th May, 1999 and all rights, liabilities and privileges as contemplated by the circumstance of the arose as of that day. Consequently, its provisions can only be read prospectively.”

Furthermore, the court held at page 649, paras. C-D; 661-662, paras. F-C; 665, paras. A-B as follows:

“One of the cardinal principles of interpretation of statutes is that no rule of construction is that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation otherwise that as regards matters of procedure, unless that effect cannot be avoided without doing violence to the language of the enactment…”.

The court nailed it when it held at page 667, paras. C-D that:

“A constitution, like other statutes, operates prospectively and not retrospectively unless it is expressly provided to be otherwise. Such legislations affect only rights which came into existence after it has been passed.”

A cursory examination of the various provisions of the Constitution and all the appellate court decisions cited above make it crystal clear that the speculated disqualification of Dr Goodluck Ebele Jonathan is grossly misconceived by the antagonists, as the Constitution must be progressively and not retrogressively construed; prospectively and not retrospectively interpreted. More significantly, the Alteration Act itself does not make any express provision that the said inserted sub-section 137(3) would operate retrospectively. To that extent, the principle of expressio unius est exclusio alterius (the express mention of one thing is the exclusion of others) applies here. See MADUMERE & ANOR V. OKWARA & ANOR (2013) LPELR-20752(SC).

It is clear that those deliberately or erroneously misinterpreting the clear position of the law may be baying for Jonathan’s blood, possibly as a potential candidate who may subvert the chances of their preferred candidates. I do not view issues from such narrow ad homine prism and blurred binoculars. It will be grossly unfair, unconstitutional, unconscionable and inequitable to deny Jonathan of the right to contest the 2023 presidential election when our extant laws and appellate court decisions permit him to. The question of whether Jonathan really needs to subject his glittering credentials and internationally acclaimed reputation to the muddy waters of a fresh competition with persons, some of whom were his personal appointees as president, is another matter altogether. Only him, and not the present state of the laws in Nigeria, can answer that question and decide his own fate. But, as regards his eligibility to contest, Dr Goodluck Ebele Azikiwe Jonathan is pre-eminently constitutionally, morally and legally qualified to contest the 2023 presidential election. So, run, run, run, GEJ, if that is your wish and desire. Goodluck to Goodluck.

CHIEF MIKE OZEKHOME, SAN, OFR, FCIARB, LL.M, Ph.D, LL.D.

PRESS RELEASE

POLICE ARREST SUSPECTED ARMED ROBBERS IN SHIBIRI AREA OF LAGOS
⁃Recover arm and ammunition

Operatives of the Ilemba Hausa Police Division on April 22, 2022 arrested seven armed robbery/murder suspects, recovered a silver-colored Sienna bus with Reg No. LSR 509 HB, a locally made double barrel Pistol and four live cartridges at Mojirade Street, Shibiri, Lagos.

The prompt arrest of the suspects followed a tip-off from Lagosians to the Divisional Police Officer of Ilemba Hausa Division who led his men to the criminal hideout where seven members of the gang were arrested while others fled.

The suspects include one Esther Newman ‘F’, Joel Anaba ‘m’, Ruben Ude ‘m’, Chinedu Emenike ‘m’, Abuchi Peter ‘m’, Chima Simon ‘m’ and James John ‘m’. Items recovered in the Sienna bus include one locally made double barrel pistol, four live cartridges, one machete, one knife, two screwdrivers, twelve mobile phones, one access bank ATM card with the name Newton Newman, some substances suspected to be Indian Hemp and one dead snail.

The suspects are also being investigated for the murder of one Sgt. Edison Fulman attached to Zone 2 Headquarters, Onikan, Lagos on April 14, 2022.

The Commissioner of Police, CP Abiodun Alabi fdc, mnim, psc has directed that the suspects and exhibits be transferred to the Command Headquarters for further investigation and arrest of other members of the gang.

SP BENJAMIN HUNDEYIN, anipr, mipra,
Police Public Relations Officer,
Lagos State Command,
Ikeja-Lagos.

April 29, 2022.

The National Chairman of the opposition Peoples Democratic Party, (PDP) Dr. Iyorchia Ayu, has told former Vice President Atiku Abubakar that even though they are friends, he will not work for him as an aspirant.

Ayu, who was addressing members of the National Working Committee, (NWC) and the campaign team of the former Vice President after a visit to the party Secretariat said, “Let me acknowledge the fact that you and I have been close friends personal friends for more than 30 years as it was indicated, we were key players in the Social Democratic Party and key players in the emergence of Chief MKO Abiola.

“So you are a presidential aspirant today. But I want people to know that you are still my friend. I can’t deny you I never deny my friends including those who are in the other disastrous party. You know them because even there we have common friends who miss road, who normally should be here with us.

“More importantly, since we formed this party as you have mentioned, we have worked together in various capacities. It is you and I that plotted the emergence of President Obasanjo. An administration that did very well, putting Nigeria, on a healthy map economically, socially and politically.

“Again, I can’t deny the fact that we work together harmoniously, whether political issues or economic issues and on the National Security Council when I was Minister for internal affairs.

“I’m saying this to make it clear that those who say Oh, because of my personal relationship with you, as chairman, I’ll work for you. Mr. Vice President, I will not work for you as an aspirant. I will work for all the 17 aspirants. It is left to you to convince the delegates of our party that you are the best.

“You have to market yourself, you have to work hard. This National Working Committee for now we remain an umpire. We are not going to take side with any particular aspirants. But we love you all. I’ve said repeatedly that each one of you given the opportunity will run this country better than what APC has done or will be able to do.”

Operatives of the Force Intelligence Bureau Intelligence Response Team (FIB-IRT), in a sting operation, have arrested four notorious arm dealers and recovered 57 AK47 rifles and a large catchment of ammunition in Jos, Plateau State and from other locations across the country. This is in furtherance of the IGP’s recent charge to the men of the Nigeria Police Force to be dauntless in the fight against crimes and criminality in the country.

The suspects, Hamza Zakari (aka Hamzo) aged 20yrs, Abubakar Muhammed (aka Fancy) aged 22yrs, Umar Ibrahim aged 25yrs and Muhammed Abdulkarim (aka Dan-Asabe) aged 37yrs, all males and residents of Jos, were arrested following a credible intelligence on their nefarious activities in Jos and its environs.

The suspects, who confessed to their involvement in arms dealings and other criminal acts, have been identified as one of the major links for the supply of arms and ammunition to criminal elements terrorizing the state and some other parts of the country. The investigation team is on the trail of their accomplices and they are closing in on them.

Similarly, operatives of the FIB-IRT acting on a tip-off have smashed and arrested three suspected gun runners in
Ibi LGA of Taraba State. The suspects, Bello Sani, Venab Puncat and Yusuf Nahoda, all of Ibi Local Government Area of Taraba, during interrogation confessed to have purchased one AK47 rifle, and one SMG rifle at the cost of Nine Hundred Thousand Naira (#900,000).

A serving member of the National Youth Service Corps in Gombe State, Khamis Musa, with state code GM/22A/3185, has denied donating his monthly N30,000 allowance for the purchase of nomination form for the All Progressives Congress leader, Bola Tinubu.

Musa trended for allegedly saying he would sacrifice his allowance in support of Tinubu’s emergence as Nigeria’s president.

In a message to refute the claim, which was made available to our correspondent, the corps member said he was expected to be non-partisan.

However, it was unclear why the corps member came to the realisation, whether he was pressured to rescind his earlier decision or not.

According to him, he has realised that his earlier move contravened relevant NYSC act and by-laws.

Musa said, “I wish to retract my earlier submission to sacrifice my allowance for Tinubu’s presidential aspiration on the grounds of my status as a corps member who is supposed to be non-partisan and apolitical based on the provision of the NYSC act and by-laws.”

The redeployed corps member from Kaduna State added that he has decided to become unbiased in accordance with the NYSC provisions.

“I wish to remain neutral in my conduct as a corps member during the service year and distance myself from partisan politics,” Musa added.

A wire fraud suspect, Adedunmola Gbadegesin was on Monday April 26, 2022, extradited to the United States where he is wanted in a case of conspiracy to commit wire fraud and money laundering. The offences contravene Title 18, US Code, Section 1349 and 1956 (h) and carries a maximum jail term of 20 years.

His extradition was coordinated by the EFCC following a request from the office of the Attorney General of the Federation, pursuant to a February 11, 2022 Order by Justice D.E Osiagor of the Federal High Court, Lagos, in Suit No. FHC/L/CS/765/21, which granted a request to extradite the suspect to the United States to answer to criminal charges bordering on romance scam, wire fraud and money laundering.

Gbadegesin who was arrested on September 2, 2021, is alleged to have defrauded an America lady living in Kentucky, United States, of over $148,000.