₦airaland Forum

The Federal High Court in Abuja has fixed December 20 to deliver judgement in a suit challenging the emergence of Andy Uba as governorship candidate of the All Progressives Congress (APC) for the forthcoming November 6 poll in Anambra State.

Mr Uba emerged as the APC’s candidate at a primary election held on June 26, 2021.

George Moghalu, an aspirant in the APC primary election, is challenging the process and the outcome of the primary election.

The judge, Inyang Ekwo, fixed December 20 for judgement after listening to final submissions from lawyers to parties on Monday.

The plaintiff’s lawyer, Chris Uche’s appealed for a judgement date before the November 6 election.

Non-committal, Mr Ekwo said lawyers would be notified if the judgement is ready before December 20.

Plaintiff’s suit
The plaintiff’s lawyer, Mr Uche, who is a Senior Advocate of Nigeria (SAN), informed the court that his client’s grouse was that the “so-called primary election”, which produced Mr Uba as APC’s candidate for the Anambra governorship poll, breached the Electoral Act and the APC guidelines for the conduct of the exercise.

In his arguments, Mr Uche referenced a report by officials of the Independent National Electoral Commission (INEC) which allegedly declaring that the primary election did not take place up till 5.30 p.m. when its officials left the primary election venue.

This report, according to the plaintiff’s lawyer, corroborates his client’s claim that the APC did not hold a valid primary in Anambra State.

He urged the court to grant his client’s prayers, including nullifying the primary election and ordering a fresh one or making any order the court considered to be necessary.

Uba’s defence
Mr Uba’s defence team led by another Senior Advocate of Nigeria, Mahmud Magaji, argued that the plaintiff failed to establish that a valid primary was not held.

Mr Magaji contended that the plaintiff lacked the right to institute the suit to challenge a primary he did not participate in.

He urged the court to decline jurisdiction and dismiss the suit.

Similarly, the APC, through its lawyer, Vincent Otaokpokpo, urged the court to dismiss the case or convert suit to one that would require parties to lead oral evidence by calling witnesses.

Background
In the suit, marked: FHC/ABJ/CS/648/2021, Mr Moghalu contended that the APC did not comply with the relevant provisions of the Electoral Act 2010 and the APC’s regulations and guidelines in the conduct of its governorship primary in Anambra State.

Mr Moghalu urged the court to determine whether a political party that fails to comply with the provisions of the Electoral Act (2010) the party’s constitution and its guideline, can validly field a candidate for the election.

He prayed the court to declare that, by virtue of the APC’s alleged non-compliance with the provisions of the Electoral Act 2010 and the party’s regulations and guidelines in the conduct of its primary in Anambra State, Uba “is not a candidate at the said 6th November 2021 gubernatorial election or at any subsequent postponement.”

The plaintiff equally asked the court to declare that the APC was bound to comply with all the relevant legal provisions in the conduct of its primary election after having demanded and received N22.5million from him and other 13 aspirants.

He also asked court to, among others, declare that having allegedly failed to comply with the relevant applicable laws, the APC had no candidate for the forthcoming governorship election.

He therefore urged the court to order the party to refund the N22.5million he paid for the expression of interest and nomination forms.

Furthermore, he asked the court to grant a perpetual injunction to restrain Mr Uba from parading himself as the candidate of the APC in the forthcoming election.

“An order of mandatory injunction compelling INEC to delist the APC and Uba from the list of political parties and candidates for the election,” Mr Moghalu added.

Teachers in some public primary and secondary schools in Cross River State have decried the unavailability of chalks.

They lamented that they have had to buy chalk with their own money since the administration of Governor Ben Ayade.

The teachers made the allegation via a private radio station, Sparkling FM, during their Monday morning phone-in programme where they lamented the ongoing labour strike in the state.

The teachers had vented their spleen over lack of promotions, delay in payment of their salaries as well as non-payment of pensions and gratuities of retired teachers in the state.

One of the teachers said: “Come to some of our schools we do not have chalks to write on the blackboards. As basic as chalks, we don’t have. It is either we, the teachers, or we compel innocent students to buy them so that we can proceed with teaching.”

Another who said he teaches in a government primary school in a local community in Akamkpa LGA said they had become tired of complaining over chalks in the last five years.

A student of Government Secondary School in Calabar South, Josephine Edward, who said they are tired of staying at home because of the workers’ strike, corroborated the teachers’ allegation.

“Our school principal would say if we want to learn we should support with contributions of money for chalks for our class teachers,” she said.

Some of the teachers and other workers also lamented that they have not been paid their monthly salaries and gratuities by the state government.

But the Special Adviser to the Governor on Special Education, Castro Ezama, denied the allegation, describing it as a big lie.

Ezama said he however sympathised much with the teachers over their plight, saying they are quite in order on their demands for salary increase and promotions but that the timing for the strike was very wrong.

“Time for this strike is heavily affecting our students who because of COVID-19 lockdown were at home for several months. Now, this strike will further distort the academic calendar,” he said.

The ruling All Progressives Congress APC is currently in a financial mess following its inability to pay an advertisement debt of N12.9 million more than one year after some Newspaper houses published the said advertorials.

The centrespread advertorial, titled, “Report of the Screening Appeal Committee for Edo state Governor, Godwin Nogheghase Obaseki submitted Saturday 13th June 2020 to the National Working Committee NWC at the Party’s National Secretariat” was published on Friday, 19th June, 2020 in several newspapers.

The material was placed by the Comrade Adams Oshiomhole-led NWC through the Publicity Directorate of the Party.

There was also a full page advertorial published on the same day showing the University of Ibadan degree certificate tendered to the screening appeal committee by Gov. Obaseki who had been disqualified from participating in the party’s Edo state Governorship primary election.

However, following a trouble-shooting emergency meeting of the National Executive Committee NEC of the party, the Oshiomhole-led NWC was sacked days later on June 25.

In its place, a Caretaker/Extraordinary National Convention Committee was then appointed, with Governor Mai Mala Buni of Yobe State named as its Chairman. Mr Buni was for several years National Secretary of the APC until his election as governor in 2019.

Journalist sacked

The refusal of the party to pay the advert debt has however claimed its first casualty following the sack of one of the reporters covering the party.

Others are also facing several disciplinary measures, with two of them placed on half salary while another has had his salary completely stopped since January 2021 as part of measures to offset the debt of the governing party.

All efforts by the affected journalists to get the party to tread the path of honour by offsetting the debt have been met with a brick wall as an aide to Gov. Buni is said to be frustrating such moves.

Vanguard gathered that the Media and Publicity department of the party has raised a memo for the money to be paid, the process was allegedly thwarted by the said aide.

One of the affected journalists who pleaded anonymity said, with his salary stopped by his organization, he finds it difficult to pay his bills as a husband and father.

He said;”As a result of the refusal of the APC to pay the advert debt, my office thought I wasn’t pushing hard for the money to be paid. It was as a result of that they stopped my salary. I have not been paid since January this year and you know the implication of that on a man that has a family to look after.”

It was further gathered that when the Media and Publicity Directorate of the APC appears powerless to ensure that the money is paid, the affected journalists started pushing for the payment through the National Secretary of the party, Sen. John James Akpanudoedehe who had on three different occasions signed the memo raised by the directorate and forwarded to the Chairman, Gov. Buni.

While Akpanudoedehe was said to have recommended that the party pays the debt in two installments, an aide to Gov. Buni was said to have opposed the recommendation, describing the money as a “bad debt” that cannot be paid.

However, when the aide was reminded by the affected journalists that the Caretaker Committee also met unpaid legal debts running into hundreds of million but which was later paid by the Buni-led committee, he kept mute.

Another journalist affected by the advert debt said, “We don’t even know if we are making headway or not. One of Gov. Buni’s personal assistants has made sure that the debt is not paid. He insisted that the money was a bad debt. He is the major stumbling block to the payment. He should know that nothing lasts forever and as a religious man, I know that all debts will be paid whether in this life or in the hereafter.”

He said the party is notorious for refusing to advert debts, recalling how the APC as an opposition party had in 2014 placed an advertorial in some Newspapers and refused to pay, save for the personal intervention of Mr Bolaji Abdullahi who became the spokesman of the party after it had assumed power in 2015.

The crisis rocking the opposition All Progressives Congress in Akwa Ibom state came to the fore on Saturday as there are indications that more than three chairmen of the party emerged from the parallel congresses held at various locations in the state.

It was gathered from unconfirmed sources that the group loyal to Bishop Akpan, another APC chieftain in the state held its separate congress, bringing the number of congresses in the state to four.

The other three factions are those of the Niger Delta Affairs Minister, Senator Godswill Akpabio, Senator Ita Enang and that of National Secretary of the Caretaker Committee, Senator John Akpanudoedehe.

Akpabio’s faction held its congress at the Kara Event Centre situated along the Goodluck Jonathan Boulevard, Uyo; while Akpanudoedehe’s own was held at the Sheergrace Events Centre, also in Uyo the state capital.

It was gathered that the congress committee from Abuja, led by Hon Sheriff Banki monitored the congress held by Akpanudoedehe’s faction only.

Akpabio’s group elected Mr Steve Ntukekpo as its state chairman, Mr Austin Ekanem emerged as chairman of Akpanudoedehe’s faction while Mr Douglass Pepple was elected for the Senator Ita Enang’s group.

Senator Akpabio and Ita Enang, it was learnt, had visited the congress venue of Akpanudoedehe’s camp where they also addressed the congress committee from Abuja

Speaking during one of the congresses which held at Kara Event Centre, the Senior Special Assistant to the President, Major Gen Mohammadu Buhari (retd), on Niger Delta Affairs, Senator Ita Enang, said however that the different congresses are working for the interest of the party.

According to him, people must always disagree to agree amongst themselves adding that at the end of the day APC would be positioned to take over the Hilltop Mansion House in 2023.

He said, “I have seen other congresses going on, all are working for the APC. People must always disagree to agree but the most important thing is that we are all working for the party”.

The Minister of the Niger Delta Affairs, Senator Godswill Akpabio, in his remarks called on party faithful not to look at the disagreement among the leaders of the party, assuring that such disagreements would be settled at a round table.

He promised to work towards ensuring unity among the different party leaders in the state to position the party to take over power in 2023.

Akpabio said “The election committee led by Sheriff Banky, earlier I’ve gone to sheer grace and I addressed them when I was passing here, l saw many of our party faithful and all the delegates I had to stop by to address you and I said I must find out what is going on, I want you to note today, do not look at the disagreement of the elders, because every war whether first world war or second world war was settled at the round table and many of you will not be there when the war will be settled.

“But one thing is sure, I brought the message of peace. Now you are wrestling power from a sitting government don’t take it for granted, it’s not a tea party, no single group can do it alone, we must do it together, but one thing we can resolve is, never again shall we be in opposition in 2023 and we should be wise in electing who will lead us”.

Our correspondent reports however that the different factions apart from that of Senator Akpan Udoedeghe later met in the night allegedly to harmonise their differences.

The Peoples Democratic Party (PDP), on Friday, sought a court order to join three senators, and 27 other lawmakers — all from Zamfara — in a suit against Bello Matawalle, governor of the state.

In a suit marked: FHC/ABJ/CS/650/2021 dated September 30, and filed through O.J. Onoja, its lawyer, the PDP asked the court to sack Matawalle, the three senators, six house of representatives members and lawmakers in the state house of assembly that defected to the All Progressives Congress (APC).

The PDP had earlier listed the Independent National Electoral Commission (INEC), APC, the senate president, speaker of the house of representatives, governor of Zamfara and chief judge of Zamfara as defendants in the suit.

The PDP had, therefore, sought the join Matawalle as the eighth defendant, since only his office was sued in the earlier application.

According to NAN, PDP asked Inyang Ekwo, judge of the federal court, to join Mahdi Gusau, Zamfara deputy governor, as the second plaintiff in the suit.

The party also asked the court to determine whether the Zamfara governor and all the lawmakers who defected are eligible to continue to occupy their various political offices.

The party said the application was to ensure that “the ends of justice are not defeated by mere technical objections as to joinder of parties”.

When the matter was called, Onoja notified the court about three motions he had.

“Number one is a motion on notice for extension of time filed and served on September 28. The second one is a motion for extension of time filed on October 12 and served,” he said.

The two motions were not opposed by lawyers to the defendants, and Onoja adopted them, after which they were granted by the judge.

However, when the lawyer to the PDP was about to move the motion seeking to join more respondents to the suit filed on September 30, Mike Ozekhome, counsel to the speaker of house of representatives, the governor and chief judge of Zamfara, countered the motion.

Ozekhome argued that the application filed since September 30 was only received three days ago, adding that more time would be needed to study the motion.

The judge, thereafter, adjourned the matter till November 2 for hearing of the motion.

Senator Samuel Anyanwu has emerged as the consensus candidate of the South-East zone for the National Secretary of the People’s Democratic Party.

Anyanwu was a member of the 8th Senate who represented Imo East Senatorial District under the PDP.

The resolution was contained in a statement issued on Friday by the PDP’s National Vice Chairman (South East), Chief Ali Odefa.

Odefa said that Anyanwu was named the consensus candidate through careful deliberation by party leaders and members in the zone.

The statement read, “The Peoples Democratic Party, Southeast zone has once again displayed its maturity and readiness to reclaim all its stolen mandates in the zone through the peaceful and united manner in which the zone arrived at a consensus in nominating an illustrious son of the zone, Sen. Samuel Nnaemeka Anyanwu (Sam Daddy) as the zone’s sole candidate for the position of National Secretary of our great party ahead of our national convention.

The also stated the zone’s commitment to regaining its position as the stronghold of the party.

“Despite the desperation of political jobbers and power mongers who have adopted all manner of undemocratic moves to lure away our members, the Southeast remains a stronghold of the PDP and we assure our teeming members and supporters that our great party remains strong, firm, on the ground and poised for victory as the 2023 general elections approach,” the statement added.

The Supreme Court will at 12 noon on Thursday pronounce judgment a suit challenging the candidacy of Professor Charles Chukwuma Soludo as the governorship candidate of the All Progressive Grand Alliance (APGA) in Anambra.

The apex court’s decision will determine whether the former Governor of the Central Bank of Nigeria (CBN) will be allowed to contest in the November 6 gubernatorial poll.

Justice Mary Peter Odili, who presided over the proceedings of Thursday, announced that the final decision of the court will be made known in one hour’s time.

At the time of this report, palpable tension and apprehension have enveloped the premises of the court with two camps of the two parties anxiously awaiting the court decision.

The Court of Appeal Court sitting in Abuja had in September ordered the Independent National Electoral Commission (INEC) to recognize Soludo as the candidate of the APGA.

The three-member panel headed by President of the Appeal Court, Monica Dongban Mensem, had also declared Victor Oye as National Chairman of APGA.

Justice Jummai Sankey, while delivering ruling on the appeal filed against Sylvester Ezeokenwa and five others, held in a unanimous decision that the appeal constituted an abuse of court process, having been bound by the decision of the Kano division of the Court of Appeal that affirmed Chief Oye as APGA National Chairman.

The panel said it lacks jurisdiction to do what the appeal by Chief Edozie Njoku and Chinedu Okoro was seeking as it can not sit on appeal of its previous decision.

The sum of N10 million was therefore awarded against the appellants, in favour of Sylvester Ezeokenwa and All progressive Grand Alliance (APGA) who are the first and second respondents in the appeal.

Governor Godwin Obaseki of Edo State for the umpteenth time vowed not to go back to the All Progressives Congress, APC

Governor Obaseki said though it was not his will to leave the political platform that sponsored his election in his first tenure, he was pushed out of the party when he wanted to run for the second tenure.

The governor stated this while fielding questions from State House correspondents after meeting with President Muhammadu Buhari at the Presidential Villa, Abuja.

Asked whether he had any plan to return to the APC, he said, “Well, I think I have shown that I’m a politician with integrity and I have made it very clear that I didn’t leave the other party on my own.

“I was pushed out of the party, and someone else gave me cover, gave me an opportunity, it will not be the right thing to do to now, to leave who helped you, who gave you the umbrella in your storm, and then go back to the person who pushed you out.”

Recall that the governor joined the PDP when he was denied the gubernatorial ticket of the APC just before the 2020 election.

While reacting to the Senate’s decision to reverse its earlier resolution on electronic transmission of election result, the governor affirmed that he would probably not have returned as governor but for the deployment of technology by the Independent National Electoral Commission (INEC).

He said: “If not for the technology utilised by INEC, and God, I may not be governor today. So, I am one of those people who believe that we cannot and should not have elections in this country, going into the future, without transmitting results electronically from the polling units, because for elections to be credible, they have to be seen as transparent and once you have voted, you should be assured that your vote will count.

“With technology today, it is possible and INEC has shown it from my elections, that as soon as you voted, and the results have been counted in the polling units, then that result should be made available, such that you already know what you expect to be collated at the ward collation points.

“What has happened in many cases in the past is that people go and vote, the votes are counted in the polling units, they know, but by the time it gets to the collation point, it changes.

“But this time around, because of the transparency, everybody will see and know what they are expecting to be collated from the polling units. That is what happened in my election.

“So, I am a very strong advocate for electronic transmission of results from elections and I want to also note that from my personal experience, INEC has the capacity, INEC has the technology, and also the understanding of how these things should work. So, they should be encouraged. I hope and pray that the President will assent to that bill.”

The Governor was however not categorical in his assessment of the direct primaries also adopted by the Senate, saying that while political parties should be allowed to determine their own procedure, if properly supervised, direct primaries would help the nation’s democratic development.

He explained: “My party is currently undertaking an electronic registration of our members across the country. Because we anticipated that one day, you will be required to show your own register, because if we as political parties vote on the basis of an election register, then the parties must also have their registers because democracy has to begin with the parties and it’s only when you have very clear open registers, then you can now have whatever form of elections from within the party.

“I would have thought that parties should have options; if a party wants to reduce the cost of their own internal primaries, by having a delegate system, having an electoral college and a delegate system, they should have the option to do so.

“But to just lump everybody together and say look, it’s the only way to go! I would have suggested that you should have options.

“However, the direct primaries process, properly supervised, is a very fundamental step in the evolution of our democratic system.”

The governor also spoke on the lingering internal crisis in the Edo state chapter of the PDP, saying as a party that was in opposition for 12 years in the state, it would take a while to develop an understanding among new and olds members.

He stated: “You have to understand that this is politics. My current party was in opposition for 12 years and this is the first time the party is being in government.

“So, it will take a while for everybody to come together to have an understanding of the new role and the new position we occupy.

“It’s only a natural and normal process in party politics. But I can assure you it’s been sorted. Yes, we had a peculiar situation. So, it’s not just about me coming to join your party.

“There were some internal crises, even in the old party, which we’re trying to heal. We’ve made some significant progress and I believe that it will be sorted out before our convention.”

Human rights lawyer, Mike Ozekhome (SAN), has said that the Department of State Services released veteran Nollywood actor, Chiwetalu Agu, after a rigorous search of his phones.

According to the lawyer, the secret police didn’t find anything incriminating on the actor’s phones.

Ozekhome made this revelation in a statement on Tuesday shortly after the secret police released the actor from its headquarters in Abuja.

The PUNCH had earlier reported that Agu was arrested last Thursday by the Nigerian Army in Anambra State for allegedly wearing Biafran colours, associating with the proscribed Indigenous People of Biafra, and for inciting members of the public.

The Army later transferred the actor to the DSS on Friday and he was flown to the headquarters of the secret police in Abuja where he was detained and interrogated till Tuesday.

In his statement titled, ‘Chiwetalu Agu Released By DSS’, Ozekhome said his client argued that he had committed no known offence, as he was merely wearing an attire with the rising sun and distributing ten thousand naira worth of bread he had bought, to the poor and less-privileged.

The lawyer said his chambers took up the case after being briefed by the Actors Guild of Nigeria.

“Several interactions were held by the chambers with the DSS operatives, who were, however, very civil and very cooperative.

“Agu was released this (Tuesday) evening to Steve Eboh and Monolisa Chinda (Director of Media, Actors Guild of Nigeria), by the DSS at their headquarters in Abuja, after a careful search on his phones showed nothing incriminating.”

While he was in DSS custody, many Nigerians had condemned Agu’s arrest and accused the DSS of ethnic profiling for going after the actor who allegedly wore Biafran colours while controversial Kaduna-based Islamic cleric, Ahmad Gumi, continues to mingle with bloodsucking bandits.

A chieftain of the Peoples Democratic Party (PDP), Chief Olumide Aderinokun has asked Governor Dapo Abiodun to tell the people of Ogun State what he had been doing right since his assumption of office over two years ago.

According to Aderinokun, “the level of hunger and poverty in Ogun State under the leadership of Dapo Abiodun is becoming worrisome,” saying the governor failed in his responsibility to the people of the State.

In a chat with DAILY POST on Tuesday, the Akinruyiwa of Owu Kingdom lamented “the bad conditions of roads in Ogun Central Senatorial District despite being the capital of the state.”

He also decried the harsh economic condition in the State, saying “this has left the people to mull over the capabilities of the Abiodun-led government.”

“There is much hunger in the land, people don’t have food to eat everywhere. Even the teachers recruited in over a year ago are yet to be deployed to schools. So, tell me what this government is doing right,” Aderinokun said.

He proceeded that, “I was in Ifo and Ewekoro a few days ago and the conditions of the roads have worsened. This is pathetic. If this government can tell us what it has done right, then we can analyse it to know where we are going.

“It is even difficult to sleep with two eyes closed nowadays. The Abiodun government is clueless about governance, but my prayer is that God should keep us united for the remaining 16 months left for them to carry their bags.”

The technology and property development expert disclosed that he has no other motive in politics than to make sure people get the actual dividends of democracy.

“I’ve been in PDP since I entered politics and I cannot forget where I come from. If I want to contest in any election tomorrow, it is still the same party I will raise the flag.

“For instance, during the 2019 crisis in Ogun State PDP when we had two factions, I can count those of us in Ogun Central that remained in the authentic faction recognised by the court and the national leadership of the party.

“I don’t jump from one party to another for selfish interests. Former Governor Ibikunle Amosun was a friend to my late brother, Tayo. If I were greedy, I would have approached him for political appointment. I’m not that kind of person, I am after the betterment of my people and I’m after and putting smiles on their faces.”

He promised to continue supporting the people of Ogun Central Senatorial district with interest-free loans, borehole projects, scholarships for students and others.

Thugs numbering four have attacked Mr Waziri Enwongulu, the Legal Adviser, All Progressives Congress (APC) of Wakama ward, Nasarawa State.

Enwongulu while narrating his ordeal on Saturday in Wakama when officials of APC and stakeholders visited him, said that he don’t know why the unidentified men attacked him and burnt his brother’s house.

“It was around 1.10 a.m today that I heard some voices at my door that I should come out or they will set my elder brother’s house ablaze including me.

“When I came out of the house, I saw four people with knives, cutlasses and big sticks.

“They told me that APC changed the result of Chairmanship and Councillorship election in Wakama ward.

“They asked me to lay down and I complied, and they beat me to comer.

“When I laid down, two of the men were guarding me and the other two went and set my elder brother’s (Mr Paul Angbazo) house that I am living in ablaze.

“As you can see, everything was burnt but I thank God for saving my life,” he said.

Enwongulu said that they unindentified men have also threatened to kill him.

“They asked me to call Dr James Angbazo, the former APC gubernatorial candidate that I should tell him my last word on earth.

“And when I called his (Angbazo) number, he did not pick and they asked me again to call any of my brother’s to tell him that they will kill me,” he added.

He said that the unidentified men also asked him to give them money “but I told them that I have no money”.

While sympathising with Enwongulu, Mr Usman Gboble, the Chairman of APC in the area, urged him to continue to be prayerful.

He said that the party would report the incident to the appropriate authority for necessary action.

The News Agency of Nigeria (NAN) reports that the party chairman and other stakeholders of the party had officially informed the Aren Akun, Alhaji Usman Galadima Umbugadu, and the District Head of Wakama, Mr Adams Makka-Nangba, about the attack.

NAN recalls that on Oct. 7, the Nasarawa State Independent Eelectoral Commission declared that the APC has won all the 13 chairmanship and 147 councillorship positions in the local government election conducted on Oct. 6

October 8, 2021

Press Statement

PDP Intervenes In Edo Chapter Disagreements
…Declares Dan Orbih’s Purported Suspension, a Nullity

The National Working Committee (NWC) of the Peoples Democratic Party (PDP) notes with serious concerns, the pronouncements of certain members in the Edo state chapter of the party.

While the national leadership notes the issues and complaints raised by stakeholders in Edo state, it however charges the chapter to be guided by the provisions of the Constitution of our great party, with regard to imposition of sanctions on party officers at any level stressing that the rules are clear and must be adhered to.

Consequently, the purported suspension of the National Vice Chairman, South-South, Chief Dan Orbih, a member of the National Executive Committee (NEC) of our party, by the Edo North Senatorial leadership of the party, is statutorily beyond its powers, and to that effect a nullity.

The NWC however assures that it is taking strong steps to ensure amicable resolution of all issues and ensure that the interests of all member in the chapter are protected.

The NWC urges all members in Edo state to remain united and focused, especially at this time that Nigerians are looking up to our party for direction ahead of the 2023 general elections.

Signed:

Kola Ologbondiyan
National Publicity Secretary

The National Executive Committee (NEC) of the Peoples Democratic Party (PDP) Thursday adopted the report submitted by the Governor Ifeanyi Uguanyi-led committee that recommended the zoning of the office of the national chairman of the party to the north.

Meeting in its 94th regular session at the national secretariat of the party in Abuja, the committee also resolved to defer consideration of the Governor Bala Mohammed-led committee that had earlier recommended throwing open the 2023 presidential ticket of the party to all zones.

The National Publicity Secretary is the party, Kola Ologbondiyan, who briefed reporters on the outcome of the meeting, affirmed that the NEC resolved not to deliberate on other issues outside the Uguanyi committee report.

Recall that the Uguanyi committee had recommended that offices being held by southerners in the National Working Committee (NWC) of the party be swapped with those held by northerners.

However, the zoning committee, which also has Governor Sam Ortom of Benue state as its deputy chairman and the Deputy Governor of Zamfara state, Mahdi Aliyu Mohammed, as secretary, washed its hands off the zoning of the presidency, vice president, or legislative positions.

But it affirmed that offices zoning in the PDP has traditionally been between north and south.

A communique issued at the end of the committee’s meeting in Enugu on Thursday read: “At the end of the deliberations of the PDP National Zoning Committee, it was resolved as follows:

“The National Zoning Committee of the PDP was given the mandate to zone National offices to be contested by all PDP Members of the Party at the PDP National Convention of the Party scheduled for October 30/31 2021 by the National Executive Committee of the Party.

“That the mandate of the Committee does not include Zoning of the offices of the President, Vice President and other Executive and Legislative offices of the Federal Republic of Nigeria.

“And the decision of the Committee to zone the Party offices does not in any way affect the executive and legislative offices in Nigeria.

“That zoning of offices on PDP has traditionally been between the North and South of Nigeria.

“The decision of the PDP Zoning Committee is in line with the Constitution of the Party on Zoning and rotation of Party and national offices in the interest of justice, equity, and fairness.

“Consequently, the current offices being held by officers in the Southern Zones of the country, namely, South West, South East, and South-South zones, should swap places with the offices currently in the northern zones of Nigeria, namely, North West, North East, and North Central zones.

“We want to thank the Party, especially the National Executive Committee that set up this Committee on September 9, 2021, for finding us worthy to serve the Party in the capacity of Zoning Committee members.

“We shall pass on our recommendations to the National Executive Committee of the Party through the National Working Committee of the Party.”

The PDP NEC in its October 9 meeting, set up the zoning committee alongside the national convention planning committee led by Adamawa state Governor Ahmadu Fintiri.

The Peoples Democratic Party (PDP) National Vice Chairman, South-South, Chief Dan Osi Orbih, has been suspended from the party.

The former chairman of PDP in Edo State was suspended over alleged anti-party activities by the Edo North Senatorial Leadership of the party after a vote of ‘no confidence’ was passed on him.

Other suspended executives include the State PDP Vice Chairman, Edo North, Segun Saiki and 5 Local Government Area (LGA) party chairmen.

As at the time of filling this report, details of why Orbih and others were suspended was still sketchy.

Residents, schools, trade unions, labour unions and others in Anambra State on Friday failed to mark the 61st Independence anniversary of Nigeria, over IPOB October 1st sit-at-home order.

Tribune Online gathered that as of Thursday, plans were made to hold the celebration of the country’s 61st anniversary at Ekwueme Square Awka, but due to the IPOB order, no single celebrant showed up, except security personnel, deployed to guard the area.

Although the venue was lavishly decorated with Nigerian colours and a podium for Governor Willie Obiano to take a salute, unfortunately, nobody turned up, including the governor.

At the venue, only heavily armed police officers, armoured vehicles which were stationed to provide security for the event, were seen.

The boycott of the anniversary celebration is not unconnected with the call by the group, Indigenous People of Biafra (IPOB), for people in the South East of Nigeria to stay at home on the day of the celebration.

This is further reinforced by the spate of killings in the state as witnessed since last Saturday, up till Thursday in the state.

Many innocent people including, Dr Chike Akunyili, husband of former information minister, Late Prof Dora Akunyili have lost their lives.

A police station was also attacked and burnt, leaving policemen dead, political parties’ branded burnt, while many other people sustained bullet wounds.

As of the time of leaving Ekwueme Square, organisers of the programme had started dismantling the public address system, and other equipment originally provided for the event, giving the indication that the event would no longer hold for the fear of the unknown.

Onitsha, the commercial city and Nnewi the industrial town of the state, recorded total compliance with the order.

All markets in the two Anambra business towns were shut down as people deserted the streets.

Even small streets markets known for selling foodstuff and materials located within Onitsha, which used to transact business on public holidays were all shut down in Onitsha and Nnewi.

There were no vehicular and human movements, the way it used to be on Monday’s weekly sit-at-home, which IPOB had suspended but still being observed, but people chose to sit in their home.

All filling stations in Onitsha and Nnewi were under lock and key.

The River Niger Bridge which witnesses daily traffic jams was a ghost of itself as no single vehicle was seen on the bridge, while nobody, particularly pedestrians who use the pedestrian walkway on the bridge, was seen on the bridgehead.

Newspaper vendors who sell papers even on Sundays were nowhere to be found as they all stayed at home in compliance with the IPOB sit-at-home.

A resident of Onitsha who spoke to Tribune Online, said that since people had been complying with the IPOB sit-at-home, he had never seen anyone that had the kind of total compliance, as the October 1 order.

Small children and youths turned the streets and road in Onitsha, to football playing grounds, while parents were seen in different streets buildings and those facing the major roads, relaxing in their homes.

There was no presence of any security agents, on the roads, or at their checkpoints or their usual roadblocks, particularly, the Police. Army and Navy.

However, five Army vehicles loaded with soldiers were seen at Atani Road junction, by Onitsha Enugu expressway, heading towards the Niger Bridge to Asaba, apparently escorting a senior officer to catch a flight in Asaba.

Tribune Online also gathered that the Nigerian Flag was only seen at the State Government House Awka, Hotels, the Police Command and other security arenas in the state.

The zoning committee of the Peoples Democratic Party (PDP) has resolved that the presidential ticket of the party will not be zoned yet, TheCable can report.

However, it also resolved that the north and the south should swap current party positions.

This means the chairman will come from the north while the national secretary will come from the south, among other changes.

At a meeting held on Thursday afternoon at Fraser Hotel, Abuja, and chaired by Ifeanyi Ugwuanyi, governor of Enugu state, the committee resolved that the issue of zoning the presidential ticket should be put on hold.

The presidential candidates are not expected to be selected until the last quarter of 2022, but it would appear a cat-and-mouse game is unfolding between the PDP and the ruling All Progressives Congress (APC) over what zone to pick their flagbearers from.

The resolution of the zoning committee — a confirmation of TheCable’s story that the chairmanship will now go to the north — is expected to forward to the national convention organising committee, chaired by Ahmadu Fintiri, governor of Adamawa state.

Governors elected on the platform of the Peoples Democratic Party (PDP) have voted for the zoning of the party chairmanship to the north — an early indication that the presidential ticket may go to the south.

TheCable understands that at the meeting of the PDP governors held on Wednesday at Akwa Ibom governor’s residence in Abuja, they voted 9-3 in favour of the north.

Three northern governors — Bala Mohammed (Bauchi), Adamu Fintiri (Adamawa) and Darius Ishaku (Taraba) — voted for the chairmanship to be zoned to the south.

Mohammed has announced his intention to run for president in 2023.

Only one Northern governor, Samuel Ortom (Benue), voted for the chairmanship to be in the north.

Aminu Waziri Tambuwal, governor of Sokoto state (north) and chairman of the PDP governors forum, did not vote as he presided over the meeting.

He too is believed to be eyeing the presidential ticket, having run unsuccessfully in the party primary in 2019.

The other PDP governors who voted in favour of northern chairmanship are: Seyi Makinde (Oyo), Godwin Obaseki (Edo), Nyesom Wike (Rivers), Udom Emmanuel (Akwa Ibom), Ifeanyi Ugwuanyi (Enugu), Okezie Ikpeazu (Abia), Ifeanyi Okowa (Delta), and Douye Diri (Bayelsa).

The meeting resolved to pass the resolution of the governors to the zoning committee of the national convention, currently scheduled to take place on October 30 and 31 in Abuja.

Sources informed TheCable that the convention may be shifted to resolve outstanding issues.

If a northerner is voted chairman, this may finally signal that the PDP will pick its presidential candidate from the south — though changes can still be made to reflect the north/south balance in the event that other compromises are reached.

The ruling All Progressives Congress (APC) is yet to make a decision on its own ticket.

Southern governors recently met and demanded that the next president should come from the south, but their northern counterparts have insisted that voters should be allowed to decide.

The Federal High Court, Abuja on Monday adjourned a suit seeking to challenge former Vice-President Atiku Abubakar’s eligibility to vie for the office of the president until Dec. 6.

Justice Inyang Ekwo adjourned the matter following the inability of the parties in the suit to regularise their amended processes to accommodate the 5th defendant (Attorney-General (AG) of Adamawa), who had been joined in the case.

The Adamawa State Government had on July 27, through its AG, sought an order of the court to be joined in the suit.

The court, in the motion dated April 26 and filed June 24, granted the prayer of the AG of Adamawa to be joined in the case as the 5th defendant.

A group named, an Incorporated Trustees of Egalitarian Mission for Africa (EMA), in a suit marked: FHC/ABJ/CS/177/2019 had sued Atiku, Peoples Democratic Party (PDP), Independent National Electoral Commission (INEC), and Attorney General of the Federation (AGF) as 1st to 4th respondents respectively.

EMA is challenging Atiku’s eligibility to contest for presidency on the grounds that he was not a Nigerian citizen by birth.

The group asked the court to hold among others, that considering the provisions of sections 25(1) &(2) and 131(a) of the constitution and the circumstances surrounding the former vice president’s birth, he cannot contest for the top office.

However, when the matter was mentioned, counsel to EMA (plaintiff), Raphael Oyewole, said though the matter was slated for hearing, he regretted that he had to file a motion for an extension of time because he was yet to serve some of the parties in the suit.

He said the amended application to include the 5th defendant as ordered by the court had been served on the 1st, 4th and 5th defendants in the court.

“When was the case adjourned,” Justice Ekwo asked.

“It was adjourned on June 4, my lord,,” Oyewole responded.

The judge, who was unhappy over the manner the counsel was handling the case, said: “This is a matter you filed since 2019, and you are just filing your processed this morning after the last adjournment.”

J. O. Makinde, Chris Nevo and Alex Shija, who are lawyers to the 1st, 4th, and 5th defendants respectively confirmed that they were all served with the plaintiff’s application in the morning.

But they did not oppose Oyewole from moving the motion.

Also, Counsel to Atiku (1st defendant), Mr Makinde, prayed for an extension of time to enable him to regularise his processes.

Ekwo, however, adjourned the matter until Dec. 6 for further mention.

Barely 24 hours after senator representing Anambra South and governorship candidate of the Young Progressive Party (YPP), Senator Ifeanyi Uba, boasted that he would withdraw from the race if anybody produces a proof that he is indebted to any bank, he has been hit by a court case challenging his eligibility to contest based on his credentials.

Senator Uba had, while reacting to allegation that he is owing banks, told newsmen in Nnewi that no bank would accuse him of taking any loan.

The battle against Uba has shifted to the Federal High Court, Abuja, where a political party has sued him, the YPP, his running mate, Okechukwu Nnamdi Eze, the Independent National Electoral Commission (INEC) and the National Examination Council (NECO) over his school certificate.

In suit no FHC/ABJ/CS/ 939/2021, filed on August 18, 2021, the political party claimed that form EC9 submitted by Uba to INEC was full of false information.

The political party, in an affidavit in support of its originating claim, said that the National Examination Council Certificate belonging to the 2nd Respondent (Uba) and submitted to the 4th Respondent (INEC) as part of the documents accompanying the form EC9 was on the face of it allegedly at variance with the certified copy of 2nd Respondent’s real certificate as issued by the 5th Respondent (NECO).

It said that in the said EC9 submitted to the 4th Respondent for the 2021 governorship elections of Anambra State, the 2nd Respondent allegedly submitted another National Examination Council (NECO) certificate bearing Serial number 303865920 to the 4th Respondent which was duly accepted by the said 4th Respondent.

The political party said the certified true copy of the 2nd Respondent’s real National Examination Council (NECO) certificate as issued by the 5th Respondent allegedly bears serial number 303565920 and that the National Examination Council Certificate with serial number 303865920 submitted by the 2nd Respondent to the 4th Respondent in Form EC9 as qualifying the 2nd Respondent to contest the 2021 Anambra State gubernatorial election is allegedly false.

The political party is praying the court to determine whether NECO Certificate “issued in 2003 with serial number 303865920 submitted by the 2nd Respondent to the 4th Respondent for the 2021 Anambra State gubernatorial election is false and different from the certified true copy of the said 1st Respondent’s real National Examination Council Certificate bearing serial number 303565920 as issued by the 5th Respondent also in 2003?”

It also wants the court to determine whether the 2nd Respondent’s act of submitting to the 4th Respondent, a National Examination Council Certificate with serial number 303865920 which is allegedly different from the 2nd Respondent’s real certificate bearing serial number 303565920 constitutes giving false information to the 4th respondent and a breach of Section 182(1)(j) of the 1999 Constitution of the Federal Republic of Nigeria as amended as well as Section 31(6) of the Electoral Act as amended.

The plaintiff wants the court to determine whether the 2nd Respondent is disqualified from contesting the 2021 Anambra State gubernatorial election for allegedly giving false information to the 4th Respondent” and “whether the nomination of the 2nd respondent by the 1st respondent as its candidate for the 2021 Anambra State gubernatorial election is not invalid and therefore null and void.”

It is however praying the court for a declaration “that the National Examination Council Certificate purportedly issued in 2003 with serial number 303865920 submitted by the 2nd Respondent to the 4th Respondent for the 2021 Anambra State gubernatorial election is false and different from the certified true copy of the said 2nd Respondent’s National Examination Council Certificate bearing serial number 303565920 as issued by the 5th Respondent also in 2003.”

It is also seeking a declaration that the 2nd Respondent’s act of submitting to the 4th Respondent, a National Examination Council Certificate with serial number 303865920 which is allegedly different from the 2nd Respondent’s certificate bearing serial number 303565920 constitutes giving false information to the 4th respondent and a breach of Section 182(1)(j) of the 1999 Constitution of the Federal Republic of Nigeria as amended as well as Section 31(6) of the Electoral Act as amended.

The political party further seeks a declaration that the 2nd Respondent is disqualified from contesting the 2021 Anambra State gubernatorial election for allegedly giving false information to the 4th Respondent and a declaration that “the nomination of the 2nd Respondent by the 1st Respondent as its candidate for the 2021 Anambra State gubernatorial election is invalid and therefore null and void.”

It therefore wants the court to issue orders disqualifying the 2nd Respondent from contesting the 2021 gubernatorial election in Anambra State for allegedly giving false information to the 4th Respondents as well as an order invalidating the nomination of the 2nd respondent by the 1st Respondent as its candidate for the forthcoming 2021 Anambra State gubernatorial election.

It also wants an order “directing the 4th Respondent to remove the name of the 2nd Respondent from the list of candidates for the 2021 Anambra State gubernatorial election” and an order “restraining the 4th respondent from inputting the name of the 1st respondent or the 2nd respondent on the ballot for the 2021 Anambra State gubernatorial election.”

The Court of Appeal sitting in Abuja has dismissed the appeal filed by one of the factional chairmen of All Progressives Grand Alliance (APGA), Chief Victor Ike Oye, for lacking in merit.

Consequently, the appellate court has ordered the Federal High Court to grant an accelerated hearing to the suit pending before it wherein Chief Edozie Njoku/Jude Okeke group had in 2019 applied for an order of mandamus compelling the Independent National Electoral Commission (INEC) to recognise them as the validly elected chairman of APGA.

This is following the withdrawal of a suit filed against him by Chief Victor Oye and wherein the judge vacated the order restraining APGA from recognizing Chief Edozie Njoku/Jude Okeke group as APGA leadership.

Upon the application for the order of ,andamus, Chief Oye applied to the court to strike out the name of APGA from the application for the order.

Justice A. R. Mohammed in his ruling had held that he would take the ruling of the application to strike out the name of APGA together with the judgment of the substantive application but Chief Oye rushed to the Court of Appeal seeking an order of the Appeal Court to direct Justice A. R. Mohammed to deliver his ruling immediately.

However, while dismissing the appeal the three-man panel in a unanimous judgment read by Justice Jauro affirmed the ruling of Justice A. R. Mohammed in reserving ruling on an interlocutory application before him until judgment as delivering the ruling at the interlocutory stage would touch on the substantive suit.

The Appeal Court, therefore, ordered the Federal High Court to grant an accelerated hearing to the Suit.

It would be noted that during the pendency of this appeal, Chief Edozie Njoku was removed from office by the NEC of the party, and Chief Jude Okeke was appointed as the Ag. National Chairman of the Party in line with the Constitution of the party. The implication of this is that the beneficiary of this Suit will be Chief Jude Okeke who has taken over from Chief Edozie Njoku until his removal is reversed by a Court of Appeal.

Reacting to the judgment, Comrade Ikechukwu Chukwunyere , APGA National Publicity Secretary, Chief Okeke hailed the Appeal Court decision as a reaffirmation of his long-standing belief that Oye days as parading as APGA factional chairman will soon end.

Bandits on Friday killed the Chairman, Miyyeti Allah Cattle Breeders Association of Nigeria (MACBAN) in Lere local government area of Kaduna State, Alhaji Abubakar Abdullahi Dambardi.

In a statement signed by the state Chairman of the association, Alhaji Haruna Usman Tugga said his abductors killed him in the early hours of Friday in his hometown Lere.

Alhaji Tugga lamented that the kidnappers demanded N20 million but Alhaji Dambardi was able to borrow up N250, 000.00 and gave them but they were not satisfied and decided to kill him.

” They took him along Saminaka, Mari, Zango Highway and killed him there”He said.

The Chairman appealead to Kaduna State Government and the Security Agencies to investigate and fish out the culprits with immediate effect.

MACBAN Chairman described late Chairman of the association in Lere Local Government as an ambassador of peace and tranquility among people of Lere Local Government and beyond.

”We have really lost a leader of high respect who has been assisting the association in promoting harmony and coexistence among members”.

Miyyati Allah Cattle Breeders Association of Nigeria Kaduna State condoled the family, members and friends of late Alhaji Abubakar Abdullahi Dambardi and prayed Allah to grant him paradise and also give the family the fortitude to bear the loss.

Ebonyi State Governor Dave Umahi has called former Minister of Aviation, Femi Fani-Kayode, a liar, literally, for claiming that he was instrumental to the defection of three Peoples Democratic Party (PDP) governors to the All Progressives Congress (APC).

Fani-Kayode, a former chieftain of PDP formally joined the APC on Thurday and was presented to President Muhammadu Buhari at Aso Rock Villa.

The former minister claimed that he played a role in the defection of Umahi, Ben Ayade of Cross River State and Bello Matawalle of Zamfara to APC.

But Umahi said that was a lie from the pit of hell.

Speaking as a guest of ‘Channels TV Sunrise Daily’, Umahi said Fani-Kayode owes him an apology.

Barely hiding his anger, Umahi said, “For someone to come and say that a whole Chairman of the Southeast Governors Forum, that he was instrumental to my movement from PDP to APC is an insult on my person and with all due respect, he has to withdraw that statement.

“He remains my friend and a good one for that matter, but he played no role in my movement and I am sure he didn’t play any role in the movement of the rest of us.”

Omo Pataki, a group of Lagos indigenes, has accused Governor Babajide Sanwo-Olu of marginalisation over the appointment of Prof. Ibiyemi Olatunji-Bello, wife of the Lagos State Commissioner for Environment and Water Resources, Mr. Tunji Bello, as the new Vice Chancellor of the Lagos State University (LASU).
She is the ninth and the second female to occupy the post in the institution.

A professor of Physiology, she had served as Acting Vice-Chancellor before her appointment.

But Omo Eko Pataki accused the governor of ignoring Lagos indigenes, who according to them, should be beneficiaries of such appointments but expressed sadness that the “Lagos State government’s one size fits all policy of marginalisation of indigenes is pushing the natives further into an enclave of sheer servitude.”

A statement by Major General Tajudeen Olanrewaju (retd), a trustee of Omo Eko Pataki, said the group would never be threatened into silence, noting that they would continue to defend and protect the dignity of their people.

“Omo Eko Pataki will never be threatened into silence. We will continue to defend and protect the collective heritage and the dignity of our people against the ravages of the scourge of aliens. It is so obvious now that this government is indifferent and contemptuous of the popular feelings of the indigenous community.”

“With the skewed decision to appoint Professor Ibiyemi Olatunji Bello, a native of Ondo state as the new Vice Chancellor of Lagos State University, LASU, Lagosians have been inflicted with an unpopular candidate far and above well qualified natives.

“Sanwo-olu himself who is of contested and ambiguous origin has demonstrated a partisan inclination that is disdainful of the democratic clamor of Lagosians. He has basically thumbed his nose on our people. While this may be the saddest day in the history of Lagosians, those who conspired to deepen our marginalisation will never be forgiven by the ultimate judgement of history.

“A candidate who came last twice in the Sanwo-Olu’s annulled exercises, has suddenly transformed to number one position. This is gross abuse of public office to suit preferred political tendencies.

“From the beginning of this struggle to the the final decision of government, brilliant professors from Lagos State, some members of the Selection and Governing Councils and others lost out for performing and asking for their legitimate duties. They were removed from participating in the process of selecting the VC of LASU.

“We at Ọmọ Eko Pataki are particularly saddened and troubled with this brazen miscarriage of justice. This decision is a lie and no lie can live forever.

“Sanwo-Olu may have had his way but not for long. His rigged victory is transient. The collaborators of injustice can never escape the well hewn unforgiving arbitration of orovidence. This is a Pyrrhic victory for the ephemeral tools of power. We will not be silenced. Our voice will remain strong and vibrant, unmuted by the lash of evil. We will continue to resist and rail against injustice until the truth prevails over falsehood,” Olanrewaju said.

The Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad, has ordered the Judicial Service Committee (JSC) of the Federal Capital Territory (FCT) to immediately initiate disciplinary action against the Upper Area Court Judge who issued direct criminal summons against a former governor of the Central Governor of Nigeria (CBN), Professor Charles Chukwuma Soludo.

The judge, whose name is being withheld, issued the criminal charges against the governorship candidate of the All Progressives Grand Alliance (APGA) in Anambra State over alleged serial abuse of office and breach of Code of Conduct for public officers when he was the Governor of Central Bank of Nigeria between 29 May 2004 – 29 May 2009.

The Upper Area Court had on 23 August 2021 issued a direct criminal summons against Soludo over perjury, corruption and false assets declaration which is completely outside the jurisdiction of the Upper Area Court.

FCT Judicial Service Committee is under the Chairmanship of the Acting Chief Judge, Hon. Hussein Baba Yusuf.

A top source told our correspondent that “from all indications, the Chief Justice of Nigeria and Chairman National Judicial Council, Justice Ibrahim Tanko Muhammad, seems determined to put an end to impunity and misconduct in the Judiciary”.

It would be recalled that Muhammad had met with the chief judges of the FCT, Rivers, Kebbi, Cross River, Jigawa, Anambra and Imo states on Monday 6 September 2021 and directed some of them to admonish the judges in their jurisdictions on the danger of granting ex parte injunctions.

The acting Chief Judge of the Federal Capital Territory is expected to submit his findings to the CJN within 21 days.

The Lagos State Government on Friday filed an application for joinder in the appeal filed by the Federal Inland Revenue Service (FIRS), challenging the judgment of the Federal high court sitting in port harcourt, which declared that the Rivers State government and not the FIRS should collect Valued Added Tax (VAT) and Personal Income Tax in the state.

The ruling of the Court of Appeal that parties in the Value Added Tax (VAT) collection controversy should maintain status quo does not affect the VAT laws of Rivers and Lagos state governments, senior lawyers have submitted.

They explained that since the laws made by the two states were already operational and not yet a subject of any litigation, the judgment has no effect on them.

The court order to maintain the status quo had been interpreted in several quarters to mean that the Federal Inland Revenue Service (FIRS) should collect VAT pending the determination of the suit.

The Court of Appeal sitting in Abuja, had, last Friday, ordered FIRS, Rivers and Lagos states to maintain the status quo on the collection of VAT, pending the determination of an appeal that was lodged before it by FIRS.

The appellate court said the order was to preserve the ‘Res’, subject matter, of the appeal before it. Specifically, it ordered all the parties that have subjected themselves before it to “refrain from taking any action to give effect to the judgment of the Federal High Court”, which gave Rivers State government the right to collect VAT revenue, instead of the FIRS.

A three-man panel of Justices of the appellate court, led by Justice Haruna Tsammani, made the order after it deferred the hearing of an application Lagos State filed to be joined as an interested party in the matter, till September 16. Lagos State had through its Attorney-General, Moyosore Onibanjo, SAN, protested against the issuance of an order for the maintenance of the status quo, insisting that such order could not be binding on it, since it was yet to be joined as a party in the appeal by FIRS.

Major victory

Rivers State government had, last month, secured a major court victory over the Federal Government in the collection of VAT in the state and went ahead to enact necessary law and inaugurated agencies for the collection of the tax in the state.

Justice Stephen Pam of a Federal High Court in Port Harcourt, in a judgment delivered on August 9, held that Rivers State government, and not the FIRS, has the right to collect VAT in the state.

Pam, in the judgment, subsequently restrained the Attorney General of the Federation and FIRS (1st and 2nd defendants) from collecting VAT in Rivers and directed the state government to take charge of the duty. Consequently, the state House of Assembly passed the VAT Bill which was assented to by Governor Nyesom Wike to become law.

But the Abuja Division of the Court of Appeal ordered all parties that have submitted themselves before the court to maintain status quo ante bellum pending the hearing of an application seeking to stay the judgment of the Federal High Court, Port Harcourt.

However, in conversations with a national daily, senior lawyers gave reasons the judgment was not about maintaining the status quo.

Rivers has the power to collect VAT – Ozekhome

According to Chief Mike Ozekhome, SAN, the status quo ante bellum was before the breakout of hostilities. His words: “Clearly, the status quo ante bellum was before the breakout of the hostilities.

The hostilities broke out when the FIRS dragged the Rivers State government to court, arguing that it cannot collect VAT based on its law.

The said law was already duly passed and made operational by Rivers State House of Assembly that has the constitutional competency under Section 4 of the Constitution to do so. “The FHC, Port Harcourt, Rivers State, also later validated the said law.

The law was already therefore in operation before the FIRS challenged the validity of an FHC judgement, PH, which merely gave it judicial imprimatur. So, the status quo is that it is the Rivers State government that has the power to collect VAT, until perhaps, the Court of Appeal rules otherwise and set aside the FHC judgment.

However, to avoid unnecessary bickering and needless head-on collision between the Federal Government ( which owns the FIRS) and the Rivers State government in a matter that is already subjudice, I will advise that both the Rivers State government and the FIRS should both cease hostilities and maintain the status quo until the Court of Appeal finally pronounces on the matter.

“The Rivers State VAT Law was promulgated based on the judgement of the FHC, Port Harcourt. Not the other way round.

“The Court of Appeal ordered all parties, including the Attorney General of the Federation, the Lagos State Government that had also sought to be joined, to maintain status quo and not to do anything that would affect the judgement of the FHC, Port Harcourt, until the motion for stay of proceedings of the trial court’ s judgement was heard.”

Anyone dissatisfied should go to court — Adegboruwa

On his part, Ebun-Olu Adegboruwa, SAN, argued: “The order of the Court of Appeal is only limited to the subject matter of the judgment of the Federal High Court, Port Harcourt.

“The case before the court of appeal has nothing to do with the operation of the Value Added Tax Laws already passed by Rivers and Lagos states.

These laws are not before the Court of Appeal and so, the court is not expected to and cannot make a pronouncement on these laws.

“These laws are already in force and anyone dissatisfied with them should approach the proper court to ventilate his grievance.

“It, therefore, means that these laws will continue to operate notwithstanding the outcome of the appeal pending before the Court of Appeal.

“As of this day, therefore, VAT is expected to be collected by Rivers and Lagos States based on the VAT Laws.

“FIRS cannot collect VAT as it is a judgment debtor and it has been restrained by the Court of Appeal from collecting VAT while the appeal is pending.”

Court didn’t ask states to maintain status-quo — Aliyu

Also speaking, Yomi Aliyu, SAN, said: “The Court of Appeal did not ask them to maintain any status quo but rather adjourned to allow Lagos State to join the appeal properly. “Since the res cannot be destroyed and it is accountable monetarily there is no status quo to maintain!

“In any case, the laws in the two states are based on their residual powers and not yet the subject matter of any litigation to declare them null, void and/or ultra vires.”

Appellant shouldn’t rejoice yet — Omodele

In his contribution, Yemi Omodele cautioned: “The appellant in the appeal should not be celebrating yet. The entire appeal will be determined very soon.

However, if the appellate court ordered status quo be maintained by the parties; not to do what will affect the substance of the appeal pending its determination, any of the parties in the appeal who is not comfortable with the orders can challenge it at the Supreme Court for clarity purposes and as a precedent.

The fact that the respondents had taken steps in respect of the subject of the appeal before status quo was ordered does not deny any of them the right to challenge the order made at the apex court.”

It’s a declaratory judgment — Asemudara

Toeing the same line, Ige Asemudara said: “The court asked the states or the parties to maintain status quo on judicial action and possibly executive action since the disputes are between executive arms and order is a judicial one.

It cannot be an order to maintain the status quo on legislative actions. Once a law is duly passed by the legislature it becomes effective on the day of the assent or the day appointed by the law.

To be certain, the VAT laws of Lagos and Rivers State are not subject to litigation at the moment. Nobody has challenged those laws, so there cannot be a status quo order on them.

It is a different thing if the states just began to collect VAT after FIRS lost the case to Rivers State, on the strength of Rivers’ victory.

“However, the VAT collection is not on the strength of the case but on the strength of enabling legislation simultaneously passed by Rivers and Lagos State. I also expect His Excellency, Rotimi Akeredolu to sponsor a bill to the Ondo State House of Assembly for VAT collection in my state.

“The passage of the states’ VAT laws is not one of the orders made by the Rivers State High Court which can be stayed by the Court of Appeal. It is rather a constitutional enablement long slept upon.

Now, the state assemblies seem to be alive to their legislative powers. Interestingly, Lagos State was not a party to that particular suit at the High Court. So, if you ask Rivers government to stay action on the victory at the High Court, can you ask Lagos to stay action where it was not even a party to the dispute?

“Beyond these, that judgment was a declaratory judgment. The order to maintain the status quo must be in the nature of the injunction. Now that the VAT law of Rivers is passed, can that order affect a concluded act?

“The federal government should rather properly advise itself by disengaging from illegality. It should be considering remitting all the VATs collected since 1999 when the current constitution became effective, to the various states in quantum meruit.”

Judgment favours Rivers — Ubani

A former Vice President of the Nigerian Bar Association, NBA, Monday Ubani, said: “I think the Court of Appeal in Abuja was very specific when it said the party that had a judgment in its favour should maintain the status quo pending the hearing of the appeal before the Court of Appeal.

What this means is that, for now, it is Rivers that got the favourable judgment from the lower court. I think the Court of Appeal specifically granted a stay because the court says the stay is against the person who has the favourable judgment and it is Rivers that has a favourable judgment in that case.

So, if the court specifically mentions that the party that has the favourable judgment should not do anything pending the hearing of the appeal, that means Rivers is specifically asked to stay execution of that judgement until the appeal is decided.

”Similarly, President of African Bar Association, AfBA, Mr Hannibal Uwaifo, said: “Rivers State is right to go ahead with the collection of VAT. That is the right thing to do. It is a constitutional matter.”

Also on Friday, Rivers Governor Wike inaugurated Tax Appeal Commission as a follow-up to the signing into law of the VAT Bill in the state.

The identity of the corpse of a woman abandoned inside a SUV at Edo Specialist Hospital, Benin, has been revealed by the state police command.

The deceased is Faith Aigbe, while the suspect has also been named.

The dead body of the 27-year-old was discovered on Thursday morning inside the hospital.

The State Police Public Relations Officer, SP Kontongs Bello, who confirmed the incident in a telephone interview, disclosed that the vehicle belonged to the Enogie (Duke) of Uroho in Ikpoba-Okha Local Government Area of the State, Friday Iguodala Ogieriakhi, who is now in police custody.

He disclosed that the deceased and the suspect were lover until her demise.

The Edo Police image maker urged the general public to remain calm as the case has been referred to the Homicide Section of the State CID to continue the investigation.

According to him, “The lady visited Enogie on the 8th of September, 2021. When they were still at home in the night, the lady began to complain of stomach pain and the Enogie drove her to the hospital. On arrival, the doctor confirmed her dead.

“So, the Enogie reported himself to the police station at Ologbo. The case presently has been transferred to the homicide section of the state Criminal Investigative Department (CID) to continue the investigation to ascertain what led to her death rather than claiming different thing.”

It was independently gathered that the late Faith Aigbe was carrying an eight-month-old pregnancy for the Enogie.

It was further gathered that members of the deceased’s family who did not approve the relationship between the two lovers, pressured her to procure an abortion.

Meanwhile, the body of the 27-year-old Faith Aigbe has been deposited at an undisclosed mortuary for further investigation.

*Restrains him from convening meetings

A High Court sitting in Port Harcourt, Rivers State has upheld the suspension of the embattled National Chairman of People’s Democratic Party, Uche Secondus.

The court presided over by Justice Okugbelem Ggasam in his judgement on Friday relied on the suspension of Ward 5 in Andoni local government area of the State brought by some aggrieved members of the PDP, Ibeawuchi Ernest Alex and four others against Secondus and the PDP.

Justice Gbasam also uphold the prayers of the aggrieved PDP members to retrain, suspend, Uche Secondus from attending, conveying PDP meetings in his capacity as National chairman or member of the party

Counsel to Uche Secondus expressed dissatisfaction against the ruling, noting that his client will appeal the judgement.

The Independent National Electoral Commission (INEC) has listed Valentine Chineto Ozigbo as the candidate of Peoples Democratic Party (PDP) in the forthcoming Anambra State governorship election slated for November 6, 2021.

The electoral body said the commission was served with two judgements of the Court of Appeal (Awka Judicial Division) in respect of the candidature of the PDP for the Anambra governorship election.

INEC had earlier said the commission will continue to obey and give effect to court orders and judgments ahead of the poll.

A statement made available to LEADERSHIP in Abuja on Thursday signed by INEC national commissioner and chairman, Information and Voter Education Committee, Festus Okoye, said the Court has ordered the Commission to recognize and publish the name of Ozigbo as the governorship candidate of the PDP.

Okoye said earlier, the PDP had substituted its deputy governorship candidate within the deadline provided by law.

Accordingly, he said the governorship and deputy governorship candidates of the PDP are as follows: Valentine Ozigbo and Mrs Lilian Azuka Enemo.

The commission said the final list of candidates will be published on October 7, 2021 as provided for in the Timetable and Schedule of Activities for the election.

On the movement of non-sensitive materials for the election, he recalled the attack on INEC facilities, saying, “The damage to the physical facility was extensive. So too was the destruction of movable materials, including 50 per cent of the non-sensitive materials already delivered for the election.

“While the commission is making efforts to rebuild the physical facilities, we took a pragmatic decision to distribute the replacement non-sensitive materials from our South East Zonal Stores in Owerri in order to meet our deadlines.

“For clarity, the non-sensitive materials are the non-pharmaceutical COVID-19 items such as hand sanitizers and face masks, envelopes, posters, stickers, sellotapes, scissors, liquid gum and other stationery items required mainly at the polling unit level.”

However, he said following a review of the deadlines for the completion of work on the destroyed physical facilities, the commission was satisfied that the ongoing work will be completed by the end of this month.

“Consequently, the commission is now in a position to operate from our office in Awka where the batching and distribution of all non-sensitive materials will take place.

“We appeal to all stakeholders to continue to cooperate with the Commission for a transparent and credible election in Anambra State,” he added.

Governor Willie Obiano has said his party, the All Progressives Grand Alliance (APGA) and the people of the state, will reject the decision of the Independent National Electoral Commission (INEC) to use its facility in Owerri, the Imo State capital, for storage of non-sensitive materials meant for the November 6 governorship election in Anambra State.

INEC through its national chairman, Mahmood Yakubu, had announced that the commission would use INEC office in the Imo State capital city to organize movement of non-sensitive materials for the Anambra governorship election, citing the destruction of INEC office in Anambra as its reason.

But in a chat with newsmen in Awka, yesterday, the Governor, who spoke through his Special Adviser on Political Matters, Ifeatu Obiokoye, said INEC has to reverse its decision, or face strong resistance as, according to him, the idea was put in place to rig the polls in favour of a particular political party.

“Beyond the issue of storing INEC materials meant for Anambra election in APC state, Imo, there was a letter we sent out expressing our rejection of Owerri or any other APC state involving actively in the Anambra election. What informed the letter was the rumour that some ad-hoc staff and returning officers for the Anambra election are being recruited from the Imo State University. In the next few days, all the political parties taking part in the Anambra election, except APC, will sign the communiqué, which will be forwarded to INEC. The letter will state our decision that we, as people and all the political parties, except APC, will reject any ad-hoc staff recruited from Imo State, in particular, and generally, from any APC state.

“For us, this issue of keeping the sensitive material in INEC office in Imo is totally unacceptable because, it now conforms with our earlier desire to write that we would have nothing to do with the Imo State structures, Imo personnel, and indeed, any APC state, for the purposes of election in Anambra. There are other states closer to Anambra, including Delta and Enugu; if what they’re claiming is correct.

“Let me also tell INEC that we’ve had this kind of situation in the past, where sensitive materials were kept in the central bank in that state. It has happened before in Enugu State. Those sensitive materials were kept in the CBN, and were indeed, distributed from the central bank in Enugu. We have a central bank in Anambra State. If the reason they are giving is correct, these materials could be kept at the central bank here, and be distributed from there.

“It is also curious to note that for more than four months, after INEC office was destroyed in Anambra, this matter is coming to the public domain for the first time. It is mischievous; it doesn’t make sense! What we heard from INEC was that non sensitive materials were destroyed. We were never told that sensitive structure that will sustain the process of the election was ever affected by that attack. We reject it, and will also make sure that we resist it.

“Unless INEC do not intend to conduct election on the 6th of November, the people of Anambra State will reject any move to rig the election. Nobody; I mean nobody, should ever play games with Anambra State. INEC, by that announcement, do not really want to keep it at the INEC office. They actually want to operate from Governor Uzodimma’s bedroom. They want to recruit returning officers from Imo, and also write the original result sheets in the state. So, if they succeed in operating from Imo, coming to Anambra to conduct election will be mere formality,” Obiano averred.

An assistant director of the National Biotechnology Development Agency (NABDA), Mr Christopher Orji, has reportedly committed suicide in Abuja.

Orji’s lifeless body was reportedly found dangling with a rope tied to a ceiling fan at his residence at Federal Housing Authority Estate, Lugbe, Abuja, at about 4pm on August 30.

Sources within NABDA told Daily Trust that police homicide detectives were still investigating the circumstances surrounding the death of 59-year-old Orji.

Reports said he had been invited by the Economic and Financial Crimes Commission (EFCC) to report at its Abuja office on the day he was found dead.

However, one of the staff of the agency, who pleaded anonymity, said Orji could not have killed himself as no suicide note was found at his residence.

When contacted, NABDA’s Acting Head of Communications and Protocol, Nkiru Amakeze, declined comment.

“So, what do you want me to tell you now? Please, I can’t speak on it,” Amakaeze simply told our reporter.

Until his death, Orji was the NABDA’s Bioresource Centre coordinator in Langtang, Plateau State.