Penaldo's Posts
Nairaland Forum › Penaldo's Profile › Penaldo's Posts
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (of 38 pages)
NBC Is After AIT again, working to silent opposition voices in Nigeria Mallam Modibbo Kawu, Director General (DG) of the National Broadcasting Commission (NBC) is at it again. This time around, the APC led NBC DG has listed the followings as grouses against AIT/DAAR communications PLC: 1. On the law of contempt in the coverage of issues before the presidential election petition tribunal and the courts of law 2. An allegation that the documentary *”who is a Nigerian”* appeared to promote the cause of the proscribed IPOB by saying that according to the United Charter on Universal Declaration of Human and People’s rights; a position in one of the documentaries *”INEC and the agony of a nation”* that the 2019 election conducted by INEC under the current Chairman, Prof. Manhood Yakubu was the worst in the history of INEC. 3. A vox pop aired on AIT where residents of Enugu state expressed concern on the inability of the nation’s judiciary to serve justice to the people. *Note* *Please note that, after the impasse between the commission and DAAR communications some months ago, the commission and the management of DAAR communications PLC agreed amongst other things not to interfere in the editorial contents of the station (AIT) and respect the rights of the realm of the fourth estate to both hold Government and institutions of power accountable to the people and citizens of Nigeria as well as NBC’s commitment not to interfere with constitutionally protected rights of Nigerians to express themselves and comment* The alleged offenses by AIT borders on the same issues that led to the last impasse which ended up in court but was settled out of court. *The position of AIT* 1. *It is only a judge of competent jurisdiction that can pronounce the actions of AIT as being in contempt of court and not the broadcasting commission* 2. On the issue of balanced reportage, while President Buhari called only 7 witnesses, INEC and the APC refused to call witness. So, there was no available materials before the court to counter balance the petition filed by the PDP and its Presidential candidate, Atiku Abubakar. 3. It is worthy to note that, AIT has interviewed lawyers representing both the petitioners and the defendants in this, both of whom have spoken eloquently on the merits or demerits of their submissions and legal arguments for the courts to determine. 4. On the documentaries and vox pops, they are based on the arguments filed by counsel to both the petitioners and the defendants. The documentaries have simply attempted to fact-check the truthfulness and correctness of arguments made by both legal teams. *We hold that public interest is best served by the citizen’s right to know and we have not defiled or violated any professional ethic in pursuit of the truth* #GagTheMedia #DestroyDemocracy
|
*Inconsistencies in Judgments: Judiciary, save thyself* *Certificate Forgery:* The Election Petitions Tribunal in Adamawa State has sacked two APC lawmakers for certificate forgery. Of particular interest is that of Musa Bororo, a member representing Mubi South constituency for “bearing 3 inconsistent names. The tribunal accused him of using three names, *Musa Umar Bororo instead of “Musa Umar”* which is the official names in the documents he submitted to INEC. This is contrary to the judgments of the 2019 Presidential Election Petition Tribunal, which held that, *Mohamed Buhari is the same as Muhammadu Buhari, though inconsistent with the affidavits he submitted to INEC* and names of the President in his form CF001. *It’s time to #RescueNigeria* |
September 20, 2019 Press Statement PDP Hails Tribunal Judgments on Govs. Udom, Ishaku The Peoples Democratic Party (PDP) congratulates Governor Emmanuel Udom of Akwa Ibom state and his Taraba State Counterpart, Governor Darius Ishaku for their respective victories at the governorship election petitions tribunal. The party describes the upholding of the elections of the governors as triumph of the collective will and aspirations of the people of the two states as amply expressed in the March governorship elections. Indeed, the spontaneous jubilations that greeted the verdict across the two states are resounding testimonies of the legitimacy and acceptance of the leadership of the governors, unarguably because of their exceptional commitments in repositioning and empowering their states along critical sectors of life. The PDP is particularly happy to observe the commitment of Governor Udom in developing Akwa Ibom state, including his outstanding implementation of unique industrialization initiatives in key areas, particularly manufacturing, aviation, education, healthcare and other critical sectors. In Taraba State, the PDP salutes Governor Darius Ishaku’s massive developmental stride in vital sectors, especially agriculture, education, infrastructural projects, security, among others, despite daunting challenges. The PDP also applauds the members of the tribunal for their courage and patriotism in delivering justice in the interest of the people. The PDP urges the governors as well as all other officials elected and appointed on its platform to continue to render selfless services to their people in line with the manifesto and guiding principles of the PDP, as a party committed to the wellbeing of Nigerians at all times. Signed: Kola Ologbondiyan National Publicity Secretary |
Governor of Kebbi State, Senator Atiku Bagudi has been selected to be part of the entourage to follow President Muhammadu Buhari to New York, United States to participate in the 74th Session of the United Nations General Assembly (UNGA74) which opened on Tuesday, September 17. A statement signed on Thursday by Femi Adesina said that the President’s participation at this year’s gathering of world leaders is particularly significant as it coincides with Nigeria’s Presidency of UNGA. Recall that on June 4, 2019, Nigeria’s Permanent Representative to the UN, Prof. Tijjani Muhammad-Bande, was unanimously elected as the President of UNGA74 – an indication of the country’s high esteem in the global reckoning. This marks the second time Nigeria would be occupying that prestigious position following late Maj-Gen. Joseph Nanven Garba’s election during UNGA44 in 1989. The theme for UNGA74 is, “Galvanizing Multilateral Efforts for Poverty Eradication, Quality Education, Climate Action and Inclusion.” The statement added that, “The General Debates will kick off on Tuesday, September 24 during which leaders of delegations will present their National Statements as well as speak to the theme of the session. “President Buhari is scheduled as Number Five Speaker on the first day of the debates – another plus for the country as most world leaders will be listening in the General Assembly Hall while the global audience watches on live television. “The President is expected to underscore his administration’s commitment to building on the achievements of its three-point agenda following the renewal of his electoral mandate by the majority of Nigerians. He will also reaffirm Nigeria’s position on salient global issues. “While in New York, the Nigerian leader and members of his delegation are expected to participate in the Climate Action Summit with the theme, “A Race We Can Win. A Race We Must Win,” convened by the UN Secretary-General, Antonio Guterres; the High-Level meeting organized by the President of UNGA74 on Universal Health Coverage with the theme, “Moving Together to Build a Healthier World”; UN High-Level Political Forum on Sustainable Development; High-Level Dialogue on Financial Development as well as High-Level Meeting to Commemorate and Promote the International Day for the Total Elimination of Nuclear Weapons. “In addition to the above high-level meetings, the Nigerian delegation is expected to participate at the Side-Events organized by the country’s Ministries, Departments, and Agencies (MDAs). “These include: SDGs Integration – Bridging the Policy Planning – Budget Gap for the Achievement of SDGs, organized by the Office of the Senior Special Assistant to the President on Sustainable Development Goals; Promotion of International Cooperation to Combat Illicit Financial Flows and Strengthen Good Practices on Assets Recovery and Return to Foster Sustainable Development, organized by the Office of the National Coordinator/CEO, African Union Development Agency-New Partnership for Africa’s Development/African Peer Review Mechanism (AUDA-NEPAD/APRM) in collaboration with the Economic Financial Crimes Commission (EFCC) and other anti-corruption bodies. “It is noteworthy that seven European and African countries have confirmed their participation at this event designed to mobilize collective global action against illicit assets and their recovery and return for developmental projects. “Moreover, the meeting will further boost the profile of President Buhari as the African Union anti-corruption champion. “The Federal Ministry of Water Resources is also organizing a side-event on Sanitation and Hygiene Campaign for a Clean Nigeria: Sharing Lessons and Key Insights. “This is crucial for Nigeria as donor nations and organizations are willing to support the country’s target to end open defecation by 2025. “The Nigerian leader is also billed to hold bilateral meetings with leaders of other delegations; chief executive officers of big companies keen to invest in the country; Aliko Dangote and Bill Gates on sustaining the polio-free campaign as well as issues on human capital projects and development. “Before returning to Abuja at the conclusion of his engagements, President Buhari will meet with a select group of top America-based Nigerian businessmen and potential investors.” “The President will be accompanied to New York by Governors Abdullahi Sule, Abubakar Atiku Bagudu and Adegboyega Oyetola of Nasarawa, Kebbi and Osun States respectively; Minister of Foreign Affairs, Geoffrey Onyeama; Minister of Environment, Dr Muhammad Mahmoud; Minister of Finance, Budget and National Planning, Zainab Ahmed; and Minister of Health, Dr Osagie Ehanire. “Also on the President’s delegation are: Minister of Humanitarian Affairs, Disaster Management & Social Development, Sa’adiya Farouk; Minister of Water Resources, Engr. Suleiman Adamu; Minister of Education, Malam Adamu Adamu; National Security Adviser, Maj-Gen. Babagana Monguno (retd); Director-General, National Intelligence Agency, Amb. Ahmed Rufai Abubakar; National Coordinator/CEO, NEPAD, Princess Gloria Akobundu; and Senior Special Assistant to the President on SDGs, Mrs Adejoke Orelope-Adefulire.” https://headlinenews365.com/breaking-atiku-to-accompany-buhari-to-unga74-in-new-york/ |
September 19, 2019 Press Statement House Minority Leadership: PDP NWC States Position In the light of public enquiries and conflicting reports on the position of the leadership of our great party on issues related to the minority leadership of the House of Representatives; The National Working Committee (NWC) hereby clarifies that it has not yet received any report from the Board of Trustees (BoT) concerning the outcome of the five-member committee it set up to intervene on the contentious matter. Consequently, the NWC maintains that it has not taken any decision to review its subsisting stance on the minority leadership of the House of Representatives. The NWC therefore urges critical stakeholders, party members and the general public to completely disregard any report to the contrary. Signed: Kola Ologbondiyan National Publicity Secretary |
September 19, 2019 Press Statement Kogi Guber: PDP Cautions INEC, Yahaya Bello … Says Violence Cannot Save A Sinking Governor The Peoples Democratic Party (PDP) cautions the Independent National Electoral Commission (INEC) not to attempt to use its extrapolations on violence as cover and justification to manipulate the November 16 Governorship election in Kogi state. The party says it is poised to win the Kogi election adding that INEC must ensure a credible, free and fair process devoid of orchestrated logistic failures that stoke agitations and violence in elections. The PDP insists that INEC should issue a direct warning to Governor Yahaya Bello and the All Progressives Congress (APC) to desist from any act of violence in the election, as the people of Kogi state are at alert and fully prepared to confront the Governor and his party on all fronts. Our party is already aware of the heinous plots by jittery Yahaya Bello to orchestrate violence, having realized that there is no way he can win in this election. Our message to the sinking governor is that such cannot save him from a crushing defeat at the poll. While the PDP do not support or preach violence, it must be noted that our party is standing behind the people of Kogi state in their determination never to allow anybody to intimidate or suppress them. The PDP wants INEC and Governor Yahaya Bello to note that the November 16 election is a determined march by the people against a suppressive, cruel, chaotic, sadistic, acrimonious and inhuman administration. It is a determined march against acute poverty, hunger and starvation, fear, general low life and despondency in the state, which Governor Yahaya Bello and the APC represent. The Kogi election will mark a definite and inevitable triumph of light over darkness, freedom over suppression, prosperity over poverty, justice over impunity, peace over violence, progress over stagnation, democracy over personality cult and self-centeredness. No amount of intimidation can stop the people in this resolve. The PDP therefore counsels INEC to desist from negative extrapolations and be ready to deliver a credible, free, fair, transparent election, devoid of deliberate logistic failures tailored to frustrate the will of the people. Signed: Kola Ologbondiyan National Publicity Secretary |
The Deteriorating fortunes of Nigeria’s Electoral System, judicial pronouncements and the challenges of voter-apathy. The fourth republic in Nigeria began with the Presidential Election of February 27, 1999. Between 1999 to 2015, Nigeria conducted four different successive presidential elections. The 2015 Presidential Election in Nigeria was adjudged to be one of the freest and fairest by both local and international observers. It was a great improvement from previous elections after so many reforms introduced into the system by successive governments of the Peoples Democratic Party (PDP). However, the successes recorded in the 2015 Presidential Election could not be sustained in the conduct of the 2019 elections. The elections in 2019 was marred with several issues of electoral malpractices, rigging, deliberate manipulation of voters register, results sheets and electoral materials by INEC. The failure of the Professor Mahmood Yakubu’s led INEC to sustain the momentum garnered by successive Chairmen is of great concern. September 11, 2019 judgements of Presidential Election Petition Tribunal Apart from the failures recorded by INEC in the last elections, the judgement of the 2019 Presidential Election Petition Tribunal was another unfavorable factor that will greatly inhibit and discourage Nigerians from participating in future elections since their votes don’t count. Both the electorate and politicians usually take solace in the court as the final arbiter to dispense justice no matter whose ox is gored. But the outcome of the Justice Garba Mohammed led rulings of the 2019 Presidential Election is gradually setting the pace for voter apathy and possible anarchy in Nigeria. The outcome of the judgment of the appeal court is a poster for politicians to adopt a ‘win by all means” attitude at the polling units and collation centers, since the court can easily be manipulated to deliver judgement in favour of the incumbent in an election. The defective and poorly constructed judgment is already a topic for comedians, and jokes on various social media platforms. Our highly respected educational systems will also become a charade if this judgment is not upturned by the Supreme Court of Nigeria. A situation where court affidavits and mere curriculum vitae now takes precedents over and above certificates obtained from Nigeria’s institution of learning is highly unacceptable. It is therefore our collective duties to work assiduously in order to encourage voters to return to the poll by making sure that their votes count. A quick look at the results of Presidential Elections from 1999 till date will give us a clear picture of how Nigerian electorates are gradually loosing interest in elections. 1999 Presidential Election: Leading Candidates and Parties: 1. Peoples Democratic Party (PDP) – Chief Olusegun Obasanjo and Atiku Abubakar 2. Alliance for Democracy (AD) – Chief Olu Falae and All Peoples Party (APP) – Umar Shinkafi (Joined Ticket) Total Scores by Political Parties: Total Registered Voters = 57,938,945 PDP = 18,738,154 votes AD – APP = 11,110,287 votes 431,611 – invalid/void votes 30,280,052 – Total votes cast 2003 Presidential Election: Leading Candidates and Parties: 1. Peoples Democratic Party (PDP) – Chief Olusegun Obasanjo and Atiku Abubakar 2. All Nigeria Peoples Party (ANPP) – General Muhammadu Buhari and Chief Chuba Okadigbo Total Scores by Political Parties: Total Registered Voters = 60,823,022 PDP = 24,456,140 votes ANPP = 12,710,022 votes 2,538,246 – invalid/void votes 42,018,735 – total votes cast 2007 Presidential Election: Leading Candidates and Parties: 1. Peoples Democratic Party (PDP) – Alhaji Umaru Yar’Adua and Dr. Goodluck Jonathan 2. All Nigeria Peoples Party (ANPP) – General Muhammadu Buhari and Chief Edwin Ume Ezeoke Total Scores by Political Parties: Total Registered Voters = 61,567,036 PDP = 24,638,063 votes ANPP = 6,605,299 votes – invalid/void votes 35,397,517 – total votes cast 2011 Presidential Election: Leading Candidates and Parties: 1. Peoples Democratic Party (PDP) – Dr. Goodluck Jonathan and Ach. Namadi Sambo 2. Congress for Progressive Change (CPC) – General Muhammadu Buhari and Action Congress of Nigeria (ACN) – Nuhu Ribadu (Joined Ticket) Total Scores by Political Parties: Total Registered Voters = 73,528,040 PDP = 22,495,187 votes CPC – ACN = 12,214,853 votes 1,259,506 – invalid/void votes 38,209,978 – total votes cast 2015 Presidential Election: Leading Candidates and Parties: 1. Peoples Democratic Party (PDP) – Dr. Goodluck Jonathan and Ach. Namadi Sambo 2. All Progressives Congress (APC) – General Muhammadu Buhari and Professor Yemi Osinbajo Total Scores by Political Parties: Total Registered voters = 68,833,476 APC = 15,424,921 votes PDP = 12,853,162 votes 844, 519– invalid/void votes 28,587,564 – total votes cast 2019 Presidential Election: Leading Candidates and Parties: 1. Peoples Democratic Party (PDP) – Atiku Abubakar and Peter Obi 2. All Progressives Congress (APC) – General Muhammadu Buhari and Professor Yemi Osinbajo Total Scores by Political Parties: Total Registered Voters = 82,344,107 Declared results by INEC: APC = 15,191,847 votes PDP = 11,262,978 votes 1,289,607 – invalid/void votes 28,614,190 – total votes cast |
Nigeria As Best Gift To Mankind: Seeking The Right Fit For Effective Representation BY Pat PA Okon It is incontrovertible that leadership is the capacity to positively affect the led or institutions. This has been one of the major areas of drawbacks for the leadership of continental organisations like the African Union Commission. This can easily be explained from the prism of lack of attention to the concern for merit and competence in selecting the leadership of various continental organisations in Africa. This fact is hidden in the reality that, you gain strength, courage and confidence by every experience in which you really stop to look fear in the face. And, this can only happen, if competence, gained through experience and knowledge is prirotised over other considerations in leadership selection or nomination. In terms of robust reservoir of competent human capacity supply, Africa is not lacking behind, most especially, Nigeria, which has been globally acclaimed to be a nation of immense human capacity gain. As the process for who represents and/or gets nominated into the sensitive commissioners' circuit of Africa Union Commission begins, West Africa and Nigeria must put forward the best, who will not only represent the region and the country well but win laurels, accolades and project Ecowas and Nigeria positively as the true giant of Africa that it is. One example of such depths of Nigeria’s human capacity is Ebiekure Jasper Eradiri, who was not only born into the Royal King Eradiri Family of Agudama-Ekpetiama in Yenagoa Local Government Area of Bayelsa State, Nigeria, but traversed many fields of human endeavor through dint of hardwork and stubborn adherence to result-oriented life-style. All Ebiekure Jasper Eradiri has ever stood and lived for, is service to God through humanity. From his elementary, to secondary and tertiary education, which eventually qualifies him as a Chemical Engineer, he has never forgotten his source, first love, which is bringing succour to the depressed and distressed. As a man of uncommon courage and dexterity, Eradiri ventured into the world of business, after a short stint in Oil/Gas operations as Field Engineer with several International Oil companies. His foray into the Entrepreneurial World, saw him midwifed/superintend over a chain of businesses under the group, Stromberg Holdings with activities in Facility Management/Real Estate Services, Lubricants/Petroleum Fluids, Specialist Engineering & Slickline services amongst others. In furtherance of his service to fatherland, he has offered his expertise in various fields and at more times that can be counted. One of the contending challenges of the 21st century is unemployment. This is doable and has been successfully tackled in some other climes. To help his home state of Bayelsa overcome the challenge of youths unemployment, Eradiri went further to become the Bayelsa State Consultant on Micro, Small & Medium Enterprises Development attaining the status of Train-the-trainer with The Small and Medium Enterprises Development Agency (SMEDAN), Abuja. One of the pillars of an effective leadership is the depth of knowledge, as it is believed that no man can give what he does not have. In search of best practices, Eradiri proceeded further with Professional Development courses and certificate programmes in Business/ Enterprise Growth at the Harvard University, Theory and Practice of Negotiation at the Massachusettes Institute of Technology in Boston USA, Open Day Engagements in London School of Economics and the Lagos Business School. He has been in the Micro, Small & Medium Enterprises Development Space for over 10years as an Entrepreneur, Consultant to Governments, Senior Special Advisor to Governor of Bayelsa State of Nigeria on Micro, Small and Medium Enterprises where he bagged the award of Best Senior Special Assistant Of the Year 2015 at the Bayelsa Media Awards. He is a Trustee of several non-profit organizations, Board Member of BDIC Organic Polymers Ltd, Governing Body Member of the World Association for Small & Medium Enterprises (WASME), Pioneer Secretary-General, All Africa Association for Small and Medium Enterprises (AAASME), HIVE Africa Global Leader, Guardian Newspaper's 50+ Outstanding Nigerians 2014/2015, Chevron Pin Awardee of International Association of Lions Clubs amongst numerous other global recognitions. Presently, he is the Director-General of the Bayelsa State Microfinance and Enterprise Development Agency (BYMEDA), which is the foremost parastatal of the government mandated by law to promote, support and develop the Micro, Small & Medium Enterprise subsector in Bayelsa State of Nigeria and the activities have generated over 10,000 (direct &indirect) jobs, a feat that is being applauded globally and in recognition the agency was honored with the 2017 World SME Excellence Awards in New Delhi, India. He is also the Alternate Chairman representing the advocacy body AAASME for the SME development framework positions over the African Continental Free Trade Area Agreement to the African Union Commission and also advancing the interest of African SMEs to the United Nations Economic Commission on Africa, United Nations Council for Trade & Development, United Nations Global South South Development. Again, being a Chevron Pin awardee of the International Association of Lions Clubs, he is also a Member of the Select Delegation to the United Nations Africa Headquarters in Nairobi, Kenya. Today, in his forties, he has been a Continental Panelist, Global Speaker and Motivator of SME's /Entrepreneurs in Nigeria as well as other countries of Africa, and Middle East. He holds 2 Honorary Doctorate degrees from Tulsa, Oklahoma and London, United Kingdom. He is an Associate of the International Council for Small Business and Affiliate Member of the International Council of Management Consulting Institutions. He considers himself a budding Social Entrepreneur desirous of impacting in every community he finds himself and setting goals such as the Project Generate 30,000 (direct & indirect jobs) by Year 2020 in Bayelsa State Of Nigeria. He is a Fellow of the Institute of Management Consultants; and also a key factor pivotal in the development and growth of the Micro, Small and Medium Enterprises Ecosystem in Nigeria, Africa and the Globe at large. He has a settled family life and is married with children. In the age that Africa is challenged, if we get things right, men of immense knowledge, capacity and capability like Ebiekure Jasper Eradiri should be given an opportunity to make Nigeria proud at the continental level. Pat PA Okon, a Public Affairs Analyst is the DG, Editorial Advisory Board, Headline News Nigeria.
|
It’s not affidavits the justices of the Appeal Court gave credibility to in their rulings, they also promoted CV far and above school Certificates. On the issue of President Buhari’s qualification and lying on oath, the justices relied on President Buhari’s Curriculum Vitae (CV) as evidence to prove that he attended the schools listed in his form CF001 Extracts from the Court of Appeal Judgments on the Petition of the PDP and Atiku/Obi …there is no evidence before the court to disclaim or prove that the 2nd Respondent (Muhammadu Buhari) lied that he went to primary school, secondary school and that he joined the army in 1962 with RW1 and many other persons in the 2nd Respondent’s CV, attached to Exhibit P1 (Form CF001) tendered by the petitioners. Page 1 thereof shows conclusively that he attended primary school, and that he attended Katsina provincial secondary school (now government college), katsina in 1956 – 1961 and went to Nigerian Military Training from 1961 – 1963. The evidence of RW1 and RW2 bear testimony to the aforesaid facts. It’s time to #RescueNigeria |
September 17, 2019 Press Statement Kogi, Bayelsa Guber: PDP Assures on Reconciliation The Peoples Democratic Party (PDP) says it is poised for sweeping victory in the November 16 Kogi and Bayelsa Governorship elections, saying its grassroots structures have been activated in the two states ahead of the elections. The party says its members and supporters have nothing to fear as reconciliatory efforts in the aftermath of the governorship primary elections in the two states are yielding immense results and further strengthening its structures and formation as one big, united and formidable family. The PDP assures that it is leaving no stone unturned to ensure that all aggrieved members are appeased so that our party faces the elections as a family. The party commends the understanding and the spirit of sportsmanship being exhibited by critical stakeholders in the two states as well as their commitment towards the success of the party at the elections. The PDP notes that it has already galvanized all segments of the voting population across the two states, which are known strongholds of the party, adding that no shenanigan by the violence-prone All Progressives Congress (APC) can stop its coast to victory in the elections. Signed: Kola Ologbondiyan National Publicity Secretary |
*Adewale Congratulates Oyo Governor, Makinde Over Victory At Tribunal.* Chieftain of the Peoples Democratic Party (PDP) and Senatorial candidate in the 2015 election in Lagos State, Otunba Segun Adewale Popularly called Aeroland has joined other leaders and well wishers to congratulate the Governor of Oyo State, Engineer Seyi Makinde over his triumph and victory at the State election petition tribunal in Oyo State. Governor Seyi Makinde won his opponent in a land slide victory in the March 9th gubernatorial election in Oyo State, but was taken to the tribunal by Bayo Adelabu of the APC. Adewale while congratulating the governor, said he is joyous for the good people of Oyo for having a caring and people's loving leader like Makinde, urged them to stand by him through out his stay as governor of the State, this victory is a victory for all Nigerians and PDP members across the world. He said that not only the Oyo people are celebrating Makinde's stellar achievements but the entire country because citizens are speaking good of him as I see people post on social media wishing that he was their State governor. He is indeed a God sent who is transforming the social political and economic fortune of Oyo and bringing abundant prosperity to the land. Adewale commend the judges at the Tribunal for their courage, he said that fairness and justice must be the hallmark of our democracy, when people surrender their will to a candidate through democratic electioneering process at ballot, nobody should use the backdoor to take it back. In the same vein, he congratulated the PDP Honorable members of House of Representatives from Lagos State, Hon. Tunji Soyinka represening Surulere and Tajudeen Obasa in Ojo Lagos for winning their cases at the Tribunal too, he said despite the porosity, there is still hope for our judiciary system, hoping that PDP members with cases at the Tribunal will get fair justice. Adewale urge Nigerian politicians to play by the rule of engagement and rule of law always, so that the country can have accelerated development devoid of unnecessary distractions. |
JUDICIAL COUP D'ETAT IN NIGERIA By Femi Aribisala We just went through the worst presidential election in Nigeria’s history. To add insult to injury, we have now been assaulted with the worst judicial verdict in the history of Nigeria. The presidential election petitions tribunal (PEPT) delivered a judgment on Atiku’s petition against INEC’s declaration of President Muhammadu Buhari as the winner of the February 2019 presidential election, and it was one of the most outrageous judicial verdicts I have ever heard. One of my late mother’s favourite expressions was a Yoruba proverb which talks of asking someone to buy a monkey. The understanding is that nobody would ever agree to such a transaction. The verdict of the PEPT is an insult to the intelligence of Nigerians. In broad daylight, the judiciary not only tried to sell Nigerians monkeys, they even tried to sell us dead monkeys. Nobody, except of course APC members and the president’s yes men, are buying them. The verdict is not only preposterous, if it is not overthrown and thrown into the dustbin by the Supreme Court, it will spell the end of free and fair elections in Nigeria and it will provide a precedence that will ensure that the unity of the country is no longer tenable. At its most fundamental, the verdict institutionalizes mediocrity in Nigeria. To some extent, that was the message of the presidential election. A do-nothing government that presided over Nigeria degradation to the status of the poverty capital of the world used this very deplorable credential as the springboard to declaring itself re-elected by an even greater majority than before. In effect, if the result is to be believed, Nigerians voted for government failure. The government campaigned for re-election without a policy or a program beyond stating grandiloquently that it was taking Nigeria to the “next level.” Next level of what? Now we know. The government’s next level is one where truth has fallen in the street and equity cannot enter. It is a level where black is white and white is black. It is a level where boko is now haram. In the new Nigeria proclaimed by the government and its handpicked erudite judges, nobody needs to go to school anymore. Old Nigeria Chinua Achebe says: “There was a country.” In the Nigeria where I was born and bred, education was supreme. In the Western Region, Chief Obafemi Awolowo instituted a program of free education for all in order to ensure that there is “no child left behind.” I was the last born in a family of 5 children; 4 boys and 1 girl. My “old man,” Dr. T.S.B. Aribisala, went to Government College, Ibadan (GCI); the premier primary school in the Western Region. All my older brothers also went to GCI, according to family tradition. I was determined to follow suit. To do this, I had to study hard to pass the entrance examination. Then we had to spend 4 days in GCI where we were taught new things. On the fifth day, we had to take an exam based on the new things we were taught. I again managed to pass the exam. I then spent 5 years in GCI after which I took the WASC. As a result, unlike President Buhari, I have a school-leaving certificate and a WASC certificate. My certificate is not fictitious. It is not with the military or anyone else. From there, I continued to St. George’s English School Rome, where I did my “A-Levels.” I then went to Warwick University, Coventry, England where I obtained my Bachelor of Arts degree. From there I went to Johns Hopkins University in the United States where I obtained a Master of Arts degree. Finally, I went to St. Catherine’s College, Oxford University in Oxford, England, where I obtained a Ph.D. degree. I did all this because I understood what is apparently lost on the judges of the PEPT: education is a passport to success in life. In my last year at Oxford, I was interviewed for jobs in organisations I did not even apply to, such as Bank of America and Citibank. I was even flown to Paris for an interview with the World Bank. At every instance, I insisted I was going back to Nigeria. I did not see why so much should have been invested in my education, only to then use it to the advantage of the more developed countries. As far as I was concerned, Nigeria needed me. I have gone to great lengths to spell out my educational background in order to explain why I am so disgusted to understand that education is no longer of any use in the Nigeria of today. According to the “learned” judges of the PEPT, nobody needs a certificate any longer in order to qualify for anything in Nigeria. You can simply sign an affidavit, even a false one, and claim your certificate is with someone. Even if the person says he never received your certificate, your word is good enough in 21st century Nigeria. The learned judges of the PEPT have laid the foundation for a Nigeria of nincompoops. Our famous “next level” is now a level of mediocrities and mediocres. Even as we now have a president that the judges have declared eminently qualified without the proof of a certificate, even so, we can now have judges who are eminently qualified by word of mouth. Pilots can now be taken at their word that they can fly jumbo jets. If, like me, you have been dismayed that Nigeria has not yet come near to actualizing its potential, then the news from the courts is that things are going to go from bad to worse. Just for the sake ensuring that President Buhari remains in power without having to satisfy the statutory requirement that he has a school-leaving certificate or its equivalent, the judges have declared that, henceforth, educational certificates are inconsequential in Nigeria. Call to action This is simply unacceptable. The question is what are right-thinking Nigerians going to do about this? Are we just going to be quiet as some people bring Nigeria down to the next level of ignorance and substandard? No! We must shout at the rooftops with one accord that this prejudicial and corrosive judgment must not be allowed to stand. Atiku has opted to appeal this travesty of justice at the Supreme Court. But some of us no longer have any hope whatsoever in the Nigerian judiciary. Clearly, the judiciary is now in the pocket of the executive; as evident in the fact that every item in this jaundiced judgment was delivered unanimously by the judges. Many of us were suspicious of the situation where the chief justice of Nigeria was unlawfully removed by the president, to be replaced by a handpicked successor. It was then up to the new chief justice to pick the five judges of the PEPT. Imagine our surprise when we also saw leaked pictures of the tribunal judges breaking fast with the president in Aso Rock. Clearly, the whole PEPT process was not transparent. Everything about it was shady. Moreover, it was done with arrogance and impunity. The contempt that this government has for right-thinking Nigerians is evident in the fact that, after this bogus verdict of the courts was delivered, Lai Mohammed, the Minister of Information and Culture, asked Atiku, whose mandate was stolen in broad daylight, to apologise to Nigerians for taking the matter to court. Mohammed is supposed to be a lawyer, so you wonder where he ever heard of a litigant issuing an apology for losing a case in court. But in the headlong attempt to ingratiate himself to the president, Mohammed has apparently forgotten about his legal pedigree, in the same manner that the eminent jurists of the PEPT threw all legal reasoning out of the window. Maradona verdict Observe the flowing. Atiku pointed out that the president committed outright perjury. He swore on oath that he went to schools that were nonexistent at the time he claimed to have attended them. He also swore on oath that his certificate was with the military. But the military responded that they did not have his certificate. How do the eminent jurists handle this open and shut case? They simply ignored it. They did not deal with it at all. This is all well and good under the circumstances because if they had addressed the matter, they might have come up with a new and original redefinition of perjury peculiar to Nigerian jurisprudence that will completely exonerate the president. They may even tell us that perjury is not perjury if what you claim exists is actually non-existent. What about the president’s nonexistent school certificate? The judges of the PEPT decided to call what does not exist as if it did. They took on the role of Cambridge WASC and simply awarded the president his non-existent certificate. They claimed to be satisfied the certificate exists without seeing it. They insisted the certificate the president listed in his affidavit did not have to be attached, not minding the fact that INEC form CF001 clearly states that, before you swear to an affidavit, you must attach the evidence of your qualifications. With regard to the issue of the INEC back server which had a different result from the one INEC declared publicly, the eminent jurists decided unanimously to contradict themselves. The presiding justice who spoke a nonexistent certificate into existence now declared that the existence of the back server was not proven. However, he failed to synchronise this view with that of his unanimous colleagues. Justice Joseph Ikyegh who gave the second judgment said the petitioners recklessly hacked into the non-existent server and shamelessly presented the material they found there to the court. However, he failed to explain how it was possible to hack into a server that does not exist. Another justice, Justice Oseji, said the petitioners proved the issue of the server and agreed that the server was used to store the votes. But he noted that INEC called no evidence to make its case. Does this thereby exonerate INEC? What about the fundamental flaw whereby the total number of votes where the elections did not take place nullified the difference between the votes awarded to Atiku and Buhari. This anomaly clearly proved too much for the tribunal to handle. Therefore, the judges simply ignored it and said nothing whatsoever about this. Bye-bye democracy The judges of the PEPT not only delivered judgment on the Atiku/Buhari case, they also sounded the death knell of democracy in Nigeria. From the legal somersaults that they embarked on in order to preserve the president in power, they have ensured that no election can be free and fair in Nigeria again at the presidential level. Henceforth, they have given the incumbent a license to rig. It does not matter how formidable the case; the incumbent president can be expected to prevail because the issue will not be decided on the matter of law but on prejudice. The upshot of all this is that it is a waste of time casting votes in any future presidential election. The incumbent president or party will rig the election and prevail at the courts. |
September 16, 2019 Press Statement The Peoples Democratic Party (PDP) hails the upholding of the victory of Oyo State Governor Seyi Makinde by the Governorship Election Petition Tribunal, describing it as victory for democracy, justice and the people of Oyo state, who gave him their mandate at the March 9 governorship election. The party says the jubilant atmosphere across the state over the verdict is a clear testimony that the judgment fulfilled the desires and expectations of the people of Oyo state. The people of Oyo state are particularly overjoyed with the judgment because of Governor Makinde’s demonstrated capacity and commitment to deliver good governance in all sectors of life in the state. The PDP in congratulating Governor Makinde and the people of Oyo state, also commends the governor for his zeal in repositioning the state and urged him not to relent in his vision to turn around the fortunes of the people. The party also commends the members of the tribunal for their courage in delivering justice in spite of the shenanigans and manipulations of the All Progressives Congress (APC). Signed: Kola Ologbondiyan National Publicity Secretary |
He is insane |
The Action Democratic Party has called on the Federal government to release the publisher of the Sahara Reporters, who was also the Presidential candidate of the AAC in the last 2019 general elections, Mr Omoyele Sowore. The call was made in Lagos, South West by the Lagos State Publicity Secretary of the party, Prince Adelaja Adeoye, he said it is the fundamental rights of all citizens to show their concern or agitation where necessary, that's organizing a revolution protest does not amount to a plot to topple the government, he stated further that when Jonathan government planned to remove fuel subsidy in 2012, majority of the people in government today took to the street in protest, a protest that grounded the economy until the government rescind their decision to remove fuel subsidy. Adelaja lamented the spade at which citizens are being arrested by government, that it is at an alarming rate, citing how Steven Kefas was whisked to Kaduna from Port Harcourt by operatives over his facebook post, a prominent youth who is a member of the opposition Dadiyata is still missing till date, his last place before he was abducted was in Kaduna State, ADP prevails on the governor of Kaduna State, Mallam Nasiru Elrufai to set Kefas free and also help in the search for Dadiyata whose family members are in the hard time due to the abduction of their child. In the same vein, a journalist Agba Jalingo was arrested in Cross Rivers State, urged those who sent him to the prison for doing his job to show humanity, and not allow him to die in detention as he was rushed to the hospital over his illness few days ago. Another journalist John Abiri was also arrested and detained for doing his job. Speaking on Sowore, Adelaja said that the government should not be afraid of critics, because most of the citizens wants good governance, in the absence of that, they will continue to agitate and demand for impoved economy, welfare and things that will better their lives. Government must be able to take feedback from the people they are governing, they must not see their wailing as plot to sabotage or destroy their government, they should be in harmony with every citizen. Report also shows that Sowore has not been feeling fine health wise, on a compassionate ground, President Buhari should allow Sowore to go back to his wife Dolapo Sowore and children. It will not be too good that Sowore who was a Presidential candidate is detained for mobilizing a mass action to demand for good governance. Nigerians, civil society organizations both locally and internationally should continue to prevail on the government, those detained must not be forgotten in prison, irrespective of what they have done in the past. It is our believe that if the government is working for the citizens and making the economy to improve, there won't be any need to clamp down on the citizens, a working govement will be too busy to be clamping down or arresting critics. Adelaja called on both the State and Federal government who has one activist, journalist or critic under their custody to be set free.
|
By Bridget Chiedu Onochie, Abuja 15 September 2019 The legal issues spawned by last Wednesday’s judgment against the Peoples Democratic Party (PDP) and its presidential candidate in the February 23 election, Alhaji Atiku Abubakar, are far from abating. Both had approached the Presidential Election Petition Tribunal, seeking overturn of the declaration of Muhammadu Buhari as the elected President in the exercise. The grounds included perjury allegations against Mr. President, manipulation of election results by the Independent National Electoral Commission (INEC), financial inducement by the ruling party, intimidation of voters as well as declaration of result figures that conflicted what was transmitted electronically to INEC server. But in the judgment that lasted over eight hours, the Tribunal resolved the entire petition in favour of the respondents. Taking the issues one after the other, the tribunal reduced them to naught and emerged with the conclusion that President Buhari was not only qualified to contest the election but eminently qualified to do so. But the judgment has been penned among the controversial verdicts in the history of Nigeria. For the direct beneficiaries, the decision of the tribunal was received differently. While the ruling All Progressives Congress (APC) stalwarts received it warmheartedly as a validation of the unwavering confidence reposed on the party by Nigerian electorates, the Independent National Electoral Commission (INEC), which conducted the controversial election, was elated for having been exonerated from any wrong doing. Meanwhile, President Muhammadu Buhari has long dedicated the victory to God and Nigerians. As expected in such circumstance, the petitioners – PDP and Atiku immediately rejected the decision of the tribunal in its entirety. According to them, the judgment was provocative, barefaced subversion of justice and direct assault on the integrity of the country’s justice system. However, beyond the distinct positions of key players in the matter, some other Nigerians, particularly legal practitioners have been reacting differently. Some of them showed outright discomfort with the manner the judgment was dispensed. For this group of Nigerians, the tribunal only confirmed their fears, having concluded on their minds that the matter will never be resolved in favour of the petitioners. One of their reasons was not far from the insinuation that the judiciary as it is presently constituted lacked the courage to take any adverse decision against the executive. For others however, it was in the best interest of the nation to allow the sleeping dog lie. This school of thought believed that doing otherwise at this crucial moment in the nation’s history would have had serious implications on national peace. The Tribunal in its judgment held that the petitioners failed to substantiate their claims on several issues brought before it, describing most of them as hearsay and lacking probate values. On the allegation of perjury, the Tribunal held that President Buhari possessed the requisite qualification and was eminently qualified to contest election since his curriculum vitae tendered in evidence by the petitioners, “contained impressive credentials” that qualified him to contest the presidential election “even if he tendered primary school certificate.” The submission of the panel was that Buhari’s failure or inability to attach his certificates to the Form CF001, which he tendered before INEC was not a ground to allege that he does not possess them. Not even the statement made by former spokesman of Nigerian Army, Brigadier General Olajide Olaniyi, wherein he emphatically exonerated Nigerian Army from being in possession of Buhari’s original certificates, was strong enough to draw the panel’s attention. The Tribunal also wondered how Brig. Gen. Olaniyi knew about the subjects Buhari enlisted and passed in his 1961 West African School Certificate if there was no credential in his Army file. “The only reasonable inference is that the second respondent (Buhari) presented his WASC to the Army. It would be incredible to hold that he does not possess qualifications to contest for the office of the President,” stated Justice Mohammed Garba, who gave the lead judgment. The allegation of perjury was further buried on the ground that Buhari finished both his primary and secondary school education in 1956 and 1961 respectively, before joining the Nigerian Army and that he attended military training between 1961 and 1963. “It is established that a candidate is not required under the Electoral Act to attach his certificate to his Form CF001 before a candidate is adjudged to have the requisite qualification to contest the election.” For the aggrieved members of PDP and some other Nigerians, the decision of the Tribunal was not only a displacement of justice but also, that which is likely to further undermine merit in a country that is almost crippled by the effects of mediocrity. A Port Harcourt-based legal practitioner, Mr. Festus Oguche noted that though such rule is confined to electoral matters, there is fear of future misapplication by lower courts. Another prominent lawyer, Jibrin Okutekpa (SAN) has gone on his social media platform to suggest a critical appraisal of the judgment with a view to possibly review some of the stands so as not to discourage parties who lose elections from subsequently seeking legal redress. The Senior Advocate for instance, opposed the position of the Tribunal when it held that public documents even when duly certified must be tendered by the makers to carry evidential values. According to the SAN, it was absolutely unnecessary to expect the maker of certified true copies of public documents to personally appear in court to make oral evidence. Section 98 (1) (b) of the Evidence Act stipulates that: “A person seeking to prove the due execution of a document is not bound to call the party who executed the document.” The Tribunal also dismissed PDP’s claim on the existence and engagement of a Central Server by INEC in transmission of results. Insisting that the Manual provided by INEC did not provide for electronic transmission of results, Justice Garba added that petitioners’ claims cannot be countenanced because they lacked worth. “Based on the available evidence, it is clear that the results were collated manually. “The evidence and report of witness 59 of the petitioners (PW59) cannot be relied on to say that there was indeed INEC server or servers as the case may be, into which the results of the presidential election were transmitted. “I have carefully examined and reexamined Exhibit 28 (INEC Manual for Election) tendered by the petitioners, I did not see where there is provision for electronic transmission of result of election. “The petitioners have therefore failed to prove that the second respondent did not score a majority of lawful votes in the election,” The tribunal held. Every other allegation of malpractice during the election was thrown overboard by the Tribunal. Oguche, not completely comfortable with the judgment in its entirety, differed on the ground that rather than give issues the required scrutiny, the Tribunal resorted to making case for the second respondents by defending an affidavit deposed in court and which was not even supported by any evidence. Oguche was more disturbed by the position of the Tribunal that one does not need to attach certificates to their forms. He stated that such pronouncement could send signals to other courts of lower cadre. “It was not proper”, Oguche stated. Still on the issue of certificates, the lawyer said: “The army authority noted that the certificates are not in their file, which was enough evidence that he had no such certificates. These are serious issues. In other words, I see the court making case for the President.” Adding: “The court also turned round and relied on the pleadings which the respondents had abandoned, stating that the respondents have been able to prove their pleadings on the bases of evidence deduced from cross-examination. I think it is very bizarre.” On the allegation that the Vice President, Professor Yemi Osinbajo induced electorate with Tradermoni, which was a very grave allegation, the court equally overlooked that simply because he was joined as a party in the petition. “The law of electoral panel is to bring together all the evidence that tends to prove that the election was marred by malpractices. Even the allegations against the police and the army authorities, which were equally grave in nature were also overlooked. “If it was shown to the Tribunal that their activities actually impeded against the exercise of the franchise of the people, the court should have looked at it rather than throwing it away simply because they were not joined as parties. “Beyond that, main crux of complaints in the petition were not factored. Electoral adjudication has gone beyond the way we look at it now. It is no longer based on technicalities but on substantive issues. “With that judgment, it is the court that now determines the will of the people because issues touching on the crux of the applications were discarded. There must be a radical departure from where our electoral system is at present,” he stated. The Tribunal was also faulted for believing that because the petitioners only presented evidence of election irregularities from 11 focal states; it was a mere hearsay to allege that the election was not credible in other states. “Even a single local government found to have irregularities can affect the overall results of the election and render the exercise a nullity,” the lawyer said. So far, Atiku and his party are warming up to appeal he decision at the Supreme Court within the time frame allowed by law. On the other hand, the respondents, confident that their victory will withstand the storm of the apex court, have agreed to meet their opponents in court. President Buhari has been very pleased with the judgment. He has challenged the leadership of the party and APC state governors on the need to institutionalise the party to guarantee its survival beyond the end of his tenure in 2023. He said this when the leaders and governors visited the Villa to congratulate him on the Tribunal victory. On his part, an elated national chairman, Adams Oshiomhole has challenged the PDP to go beyond the Supreme in its bid to appeal the Tribunal judgment, affirming that they will lose even at the World Court. He said: “the judgment was “eloquently and analytically” delivered to clear all doubts on the veracity of the president’s school credentials, saying “we never had any doubt. We were convinced of our victory.’’ In their Own submission, the Atiku Media Group is of the view that the denouement of the suit was as bemusing, as it was controversial, considering the grounds upon which the learned, three-man panel of judges of the Court of Appeal came to the conclusion that Atiku’s case was not only null and void, but was also otiose. In a chat with newsmen after the judgment, it said: “A shocking statement from the hallowed sanctuary of the tribunal particularly touches on its volte-face on the vexed issue of card readers in the conduct of the presidential election. Atiku, as would be recalled, had complained in his petition that the card readers mysteriously became faulty in areas considered to be his power base. But in its ruling, the Tribunal stated thus: “Card reader machine has not replaced the voter register. A petitioner must rely on the card reader to prove non-accreditation or over-voting.” “If the tribunal ruled that the card reader had not replaced the voter register, why should it then emphasise on the need for the petitioner to rely on it to prove non-accreditation and over-voting? It’s as benumbing as it’s incongruous, it would seem. “In tandem, the Tribunal held that the manual provided by INEC did not provide for electronic transmission of results, as a natural denunciation of the use of a server by the INEC, even though it becomes bewildering that the card reader, which is an electronic device, is expected to lose touch with the voter, once the vote is cast.” The group is also of the view that tribunal would probably have erred in law to assert that the fact that Buhari attended a secondary school and also went to a higher school qualified him to contest for President, a scenario that has now been known as “Buhari is eminently qualified.” It noted thus: “Buhari would have been qualified by mere showing that he had primary school education”, adding, “The courses attended by Buhari are higher than secondary school education.” “In the first place, the tribunal, it would seem, was at pains determining if candidate Buhari possessed the minimum school leaving certificate to contest for a political office in Nigeria. “Whereas Section 131 (d) of the Constitution prescribes a school-leaving certificate or its equivalent for anyone aspiring to a political office, the Tribunal harped glibly on the attendance of secondary school and higher schools, by the President. Even at the university level, could it have been accepted that someone who spent four years in his course of study came out without obtaining a certificate? This, indubitably, is an issue for consideration. “Though President Buhari, technically, won all his arguments on almost all grounds at the tribunal, the end of the suit is still to be determined by the Supreme Court, which is the highest temple of justice in the land.” Atiku, it noted had filed a protest to the apex court, thus putting the country on yet a fresh edge, in the riveting case of who actually won the 2019 presidential elections. However, the media group commended both President Buhari and former VP Atiku for the maturity displayed in being able to rein in their supporters to eschew violence while the suit lasted. This, it noted, is an indication that democracy is gradually gaining some needed finesse in the Nigerian society, which was once reputed for widespread political violence in the aftermath of virtually every important election. “It is the hope of Nigerians that the Supreme Court would discharge this all-important suit from its hallowed docket expeditiously, to actually prove to Nigerians that the opprobrium of ‘justice delayed, justice denied’ has no place in the country’s judicial parlance. “Above all, it is also apposite, warning some public opinion moulders who are deliriously branded ‘Facebook rats’ on the social media, to show restraints in the manner they impugn the character of the party they loathe, in the ongoing suit. Casting aspersion on a particular candidate contesting their case in court or giving vent to cat-calling or taunting, can only be classified as a disservice to civility, under the circumstance. Nigerians, we affirm, owe it a responsibility to pursue causes that will not in any way be injurious to national unity and the need to improve on the quality of democratic governance.” |
PRESIDENTIAL TRIBUNAL: WHEN COURT ABDICATES RESPONSIBILITY By Law Mefor "Neither a man nor a crowd nor a nation can be trusted to act humanely or to think sanely under the influence of a great fear." -Bertrand Russell It was quite a relief reading senior lawyers like Jibrin Okutepa, repudiating the strange judgment of the Presidential Election Petition Tribunal. Lawyers call non-lawyers laymen and themselves learned. Law is not just an ass but also a strange profession. Facts and laws can be bent or made polar opposites. Facts and truths are also not in bed together. Our nation’s judiciary has now abandoned the laws, truths and facts to embrace technicalities. Otherwise what can one make of the grounds advanced by the presidential tribunal in denying Atiku and the PDP the prayers of their petitions? Of all the 5 grounds adduced in the petitions, the Tribunal ruled that not even one held water. Who am I, an "unlearned" layman to disagree with the learned jurists? But must a judgment deliberately stand facts on their head and embark on a voyage of technicalities to justify an end? Graciously, one is thankful that some learned silks are coming out of the closets to state the law. Posterity will be kind to those who rise now on the side of truth. Our hard earned democracy can only be saved by nothing but the truth. One thing one knows in law even as a layman is that none can approbate and reprobate at the same time as the Tribunal clearly did on the 11th day of September 2019. The Presidential Election Petition Tribunal delivered a unanimous judgment in which their lordships dismissed the petition of Alhaji Atiku Abubakar and that of his party PDP against INEC, President Muhammadu Buhari and APC for lacking in merit and for lack of proof as required by law. One of the most startling and befuddling claims of the Tribunal was that a public document is inadmissible as evidence unless it is tendered by the maker of the document. Why then is a document called Certified True Copy (CTC) if it cannot be accepted by government instructions and courts as authentic? Even certified judgments of courts are unexpectedly tendered for execution by concerned parties as authentic and that has been the global practice. None ever expects the judges or registrars of courts to personally present the court orders and judgements wherever they are needed. So, it is impractical and unattainable for any tribunal to insist that public documents (except may be secret documents) must be tendered by the maker before it can command evidential value. This is a strange pronouncement: it is at variance with both general practice and precedence. What is more, for that ground to be used to set aside a major ground of Atiku and PDP’s petition is truly a travesty of justice. Let us for a moment grant but without conceding that the Tribunal was in order. How would the courts admit documents of antiquities whose makers could be dead? Do the courts have to exhume the makers from their graves to be able to admit such documents in evidence? Take for instance the Principal of the Privissional Secondary School who issued President Muhammadu Buhari an attestation, part of the public documents with which the President entered the Army. The white Principal had long departed Nigeria and possibly this world as well. How would such a document be admitted by their lordships? Where do we find the Principal? What is even more curious was the Tribunal admitting a document that was not before it, a document never pleaded by any of the parties in the case. The Tribunal relied on what a certain Brigadier said concerning Buhari’s certificate in 2015. Rather than order the Army to appear before the Tribunal to state whether or not the President submitted secondary school certificate while enrolling in the Army in 1962. The Tribunal conveniently relied on the public statement credited to the Brigadier, which was neither addressed to any court nor officially sought by the Tribunal or any of the parties in the case. Even a layman knows that the issue of qualification is a constitutional requirement and fundamental in election in Nigeria. That is why the Electoral Act requires aspirants to fill Form CF001, a form made pursuant to the Electoral Act and therefore part of the Act) which mandatorily requires that the candidates attach all evidence of educational qualifications. A person desirous of standing for election must identify the best constitutional provision that makes him qualified. What this presupposes is: a candidate must choose which of the listings on qualifications he is going with and swim or sink with it. It is important to also point out that President Buhari did not say that his qualification was being "educated up to secondary school certificate level", or being "able to read and write". He claimed that he obtained the secondary school certificate. So, he did not rely on his ability to speak, understand and write English language. Why then did the Tribunal create the leeway for him by inputting that on his behalf? What is more, is it the duty of the Tribunal to defend a litigant or rule based on the evidence before it and facts that speak for themselves? One damning implication of the Tribunal’s wayward ruling is that as it is, Nigerians do not know whether their President has secondary school certificate or not. The farther implication is that it is now a precedence that candidates may no longer need certificates to run for elective offices, be it office of the President or Governor for that matter! One other thing one cannot understand is why the Judges never made any reference to the defence of any of the Respondents in their judgment. They went on to obtain evidence that were never before the Court and relied on same to discuss the Petition and even inferred that Buhari must have got a certificate before the Army recruited him in 1961. They took this strange position despite the conflicting issues, including when exactly Buhari even joined the Army. One of the judges told Nigerians and world that an old witness cannot lie. This is speculative if not reckless for there are so many aged rogues all over the place. Nigerians who first listened to the judgment on radio before getting to switch to television, would be awed by the adversarial, combative tone. It was quite bewildering. One would actually think it was the defence council pressing home his point. The tone certainly was more like that of a defence than a judge. The judge is an umpire and carries on without betraying any emotions. At appellate bench it is even more so. But in the intermittent incoherence while the judgment was read one cannot but wonder whether the judges were reading the judgment they themselves prepared and rehearsed. It sounded like a strange document even to the judges and that is what justified the need for further corrections of it, which was also alluded to. Only a hurriedly coupled document can be like that in a petition where both sides long made written submissions. Even as an unlearned layman like my humble self could see that the judgment was out of limb with the facts and laws, and was more of a shopping for grounds to justification. The nation further waits to see what the Supreme Court would do: will they too kowtow to further vakidate rule of men; or rescue the judiciary, our democracy and insist on rule of law? The path the Supreme Court takes will make or mar. God save Nigeria democracy! Dr. Law Mefor is an Abuja-based Forensic and Social Psychologist; e-mail: drlawmefor@gmail.com; tweeter: @LawMefor1. |
HIGHLIGHTS ON THE VERDICT OF THE COURT OF APPEAL IN THE PRESIDENTIAL ELECTION PETITION TRIBUNAL 1. On qualification: the Judges agreed that the Petitioners have a burden of proving that Buhari is not qualified and did not discharge that burden. Analysis: The Issue of qualification is a constitutional requirement and the grounds for qualification are many. A person desirous of standing for election must identify the best constitutional provision that makes him qualified and use as his qualification. A person is not allowed to simply say that he/she is qualified after the election, by relying on any of the Constitutional provisions. You must choose your qualifications and swim or sink with it. Buhari did not say that his qualification was being educated up to secondary school certificate level, he said that he obtained the secondary school certificate. He did not rely on his ability to speak, understand and write English language, he said that he had the Secondary School Certificate, not the equivalent. Therefore, he is to swim or sink with a Secondary School Certificate. Conclusion: the Court of Appeal is manifestly wrong to have enlarged Buhari's grounds of qualification by ascribing to him, qualifications that he never claimed to rely on in his form CF001. The burden of proof is on the party who alleges. However, the burden shifts to the Respondent the moment the Petitioner showed that the 2nd Respondent did not meet the requirement of qualification as required in form CF001, (which is a form made pursuant to the Electoral Act and therefore part of the Act) to attach all evidence of educational qualifications. a. The Petitioners showed the Court that the 2nd Respondent did not attach the certificates he relied on for his qualification as a mandatory requirement of the Electoral Act vide the Form CF001. It then becomes the duty of Buhari to show why he did not attach evidence of his qualification to the said form. b. In his bid to justify his failure to comply with the law as required in form CF001, to attach evidence of his educational qualifications, Buhari deposed to a separate Affidavit (not the verifying affidavit that forms part of the form CF001) at the FCT High Court in 2014, wherein he claimed that his certificates as listed in the form CF001 are currently with the Secretary of Army Board. c. The Petitioners show to the Court that that Army denied the claims in that Affidavit. At this point, it became the duty of Buhari to produce the Certificate from the Army and he failed to do so. In fact, Buhari never testified in Court. Instead, his own witness testified against his interest upon their own questions. The Petitioners discharged their burden of proof even beyond the threshold of the criminal law standard. 2. False Declaration: The Court agreed that the Petitioners failed to proof that Buhari lied in aid of his qualification. Analysis: this angle of the decision is most mind boggling of all. The Court went out to shop for a defence for Buhari and thereby fabricated an explanation for the lies. One of the judges even called this ground an allegation of perjury, thereby showing his total lack of understanding the provision of the Electoral Act. Conclusion: Interestingly, the Court totally decided to be ignorant of the decision of the Supreme Court in *ABDULRAUF ABDULKADIR MODIBBO VS. MUSTAPHA USMAN & 2 ORS.* delivered on 30th July, 2019 wherein the meaning of FALSE DECLARATION was defined and the consequences/standard of proving same were established. They went on a voyage of inferences and imagined that Buhari truly submitted his certificates to the Army in 1961 even when his Course mate clearly stated in open Court that none of them gave any certificate to the Army. The judges choose to disregard these testimony by saying that the witness was not in the position of making that determination. Remember, Buhari brought him in order to make the point that they submitted their certificate to the Army. So, this is the Court, making overt efforts to defend Buhari. Note that, Buhari never claimed that his certificates were missing or that he is unaware of its whereabout. He made a clear declaration in an affidavit that his certificates were with the Army. The Petitioners demonstrated that the Army have denied being in possession of the certificates. At this points, it becomes the duty of Buhari to make sure that the Army produce his certificates. He is making a positive assertion that a certificate exist, while the Petitioners asserted that it doesn't. So, a negative assertion cannot be proved, it only needs to be stated. It is the duty of the person who asserts the positive to proof its existence. Buhari failed to do this and the Court applauded him for it for failing to produce his certificates from the Army for the inspection of the Court. 3. Server. The Court agreed that the Petitioners did not proof the existence of a server and the transmission of Election results to the INEC server. Analysis: the entire case of server was built and centred on INEC. INEC denied having any server in their Reply to the Petition. During the trial, the Petitioners called many INEC Ad-Hoc staff who participated in the 2019 Presidential Election. They all confirmed, in their testimonies before the Court, that they were trained by INEC to transmit the result of the Election electronically using the Smart Card Reader. INEC Cross-examined them using the content of the Petition and the Statement on Oaths deposed to by the Ad-Hoc staff. INEC, Buhari and APC never asked any of the Ad-Hoc staff any question from the content of their own (INEC, Buhari and APC) Replies to the Petition, wherein their denial of Server and transmission were contained. Therefore, neither INEC, Buhari nor APC can rely solely on answers gotten from these Ad-Hoc staff as their defence in this case. Even one of the Judges agreed that INEC abandoned their defence and as such the Petitioners only needed to proof minimally in respect of server and the transmission of results. But, the lead judgment was conclusive that INEC and APC did not abandon their defence and that they were even right to rely on the evidence extracted from the cross-examination that did not emanate from their pleadings - what a court! The Judge who made an addendum on the question of server, observed that INEC failed to call any witness to contradict the witnesses of the Petitioners and that by so doing, INEC had abandoned their defence, having not extracted the evidence they relied on from their own pleadings. This is the correct law. This admonition only reveals that the Court knew the truth, but went on to please the powers that be. Conclusion: It is a sad day for any nation, for judges to constitute themselves as businessmen ready to hand judgment to the most powerful. The judgment of the 9/11/19 was anything but a decision based on the evidence before the Court. The judge never made any reference to the defence of any of the Respondents in his judgment. He went on to obtain evidence that were never before the Court and relied on same to dismiss the Petition. He inferred that Buhari must have got a certificate before the Army recruited him in 1961, inspite of conflicting evidence of when exactly Buhari even joined the Army. One of the judges told Nigeria that an old witness cannot lie, but forgot that the same witness had said Buhari was recruited into the Army in 1962. So, where the judges actually the 4th Respondents? Yes, they were and that was the reason for their unanimity of decision. They gave a judgment that is disconnect from the facts and laws placed before them. Nigerians are not surprised at all. Nigerians already forecast that the Court is weak and helpless. The Court of Appeal only confirmed this belief. It is not left for the Supreme Court to decide if Nigerians can look to the Judiciary for any hope of justice. The Supreme Court will have to decide if Nigerians need to determine what qualification they intend to rely on for contesting election and how they are to show that they posses the qualification they've chosen to rely on. For now, qualification is needless as a claim of having one, without more, will suffice. Atleast, that was the thinking of persons who called themselves judges. |
For me, I have been surviving as a barber since I finished youth service Jossy's full Story Mamador gifts determined Food Hawker with a new mobile kitchen! |
Nigerian graduates are really breaking the bounds and making this work in the country despite the level of joblessness in the land. Share your How have I made it work story as a comment. I just read the story of Jossy a graduate whose story went viral at some point was selling food on a wheel barrow but Mamador turned her into one who had a mobile kitchen via their CSR then. Share yours
|
emma321:Shut up |
There is an undeniable truth that remains sacrosanct in the face of the myriads of propaganda and media attacks orchestrated by the Akwa Ibom Chapter of the All Progressives Congress (APC) against Mike Igini, REC Akwa Ibom State. That truth is that the 2019 general elections in Akwa Ibom remains the freest, fairest and most credible since the beginning of democracy in Akwa Ibom state. That election which was and is still being adjudged by international and local observers as the most peaceful, fairest and credible ever, left majority of Akwa Ibom people with joy and satisfaction, while the APC continues to stew in their broth of bitterness. Irrespective of the way and manner Igini, the Akwa Ibom Resident Electoral Commissioner was hounded, many foreign observers from Europe, U.S. and African countries who witnessed the election, saw and were satisfied with the level of Igini's openness with party representatives and observers; his detailed explanation on processes and procedures; his call for accountability and transparency of all stakeholders which they documented and reported back to their home countries. This was why he was invited by some of these countries soon after the elections to address them on the modalities for the conduct of free, fair and credible elections. Before then, Igini was the only INEC Resident Electoral Commissioner (REC) invited to Ghana by the US organization, led by the former Assistant Secretary of States, to meet with past Presidents like Rawlings, Kufuor, late kofi Anan and the then President Mahatma of Ghana in 2016, to engage them on the need for a peaceful election. But all the APC sees is how to malign the personality of this reputable REC. Rather than accept the obvious, that Mike Igini is a different breed who cannot be bought with money, they prefer to transfer their aggression to him by attempting to dent his name and personality when they run out of cash. They refuse to come to terms with the fact that INEC, is an umpire established by law to conduct elections, and that who wins or loses an election is of no concern to the Commission. On the issue of transmitting results, INEC had planned to transmit election results electronically, which formed part of the orientation process for staff of the commission before the election. INEC has not denied that the federal government released funds for maintenance and other logistics that were to be used in the electronic transmission of result, neither has it denied that it informed Nigerians that it would transmit results electronically. If INEC decided not to transmit results electronically according to the INEC Chairman, Yakubu Mahmood, after the orientation was done, does it then make Mike Igini wrong in his interview with channels on the electronic transmission of results? Was it not part of the awareness process? Didn’t even the Chairman of INEC tell Nigerians that INEC would transmit results electronically? What then is the noise and fault-finding by the APC for? It is ridiculous that the Akwa Ibom APC, sensing defeat from the tribunal has resorted to attacking the reputation of the Akwa Ibom REC, taking desperate measures including doctoring of audio and video clips which they are afraid to tender in court but broadcast on the internet on the advice of Monday Ubani, Ex Vice president, NBA, Ikeja branch. Even then, these doctored clips neither give details nor incriminate Igini or INEC in anyway in spite of how hard they have tried. Given the insistence of the Akwa Ibom APC that the state REC compromised against them, it is pertinent to ask these questions: Were results written before the election day or on election day? If results were written before or on the day of election, how many people were arrested? Did Igini hold any meeting with any of the candidates in person or through intermediaries to favour anyone? Did all political parties not participate in the open distribution of sensitive election materials at CBN, Uyo, and were these materials not at all polling units? Did people actually vote? Were votes counted and results entered into the original result sheets at every polling unit? Were party agents given duplicate copies of the result sheets entered in the presence of all? Is it possible for one man who was never at the 2,980 polling units to determine the electoral outcome for a political party? Did Akwa Ibom APC attempt to bribe Igini but failed? When they posited that Igini deployed PDP members as ad-hoc staff and Igini called leaders of all the political parties to look at the list of ad-hoc staff so as to point out any PDP member on the list, did they spot anyone? These are questions begging for answers. During the presentation of Certificates of Return to winners of the 2019 elections, the REC loudly affirmed that the Commission would cooperate with both the petitioner and the respondents to ensure that justice is done to everyone. Within available findings, the Commission has not denied anyone of his/her right to seek justice, so why are the APC constantly bringing INEC into their political media cry for sympathy? How are they so bereft of conscience, trying to demonize Igini when they know, they themselves did everything to compromise the REC before the elections. Let Nsima Ekere tell Akwa Ibom people who Maurice Ekpenyong is, and what he gave him 2 billion Naira for. He should also tell us about those people who duped him under the guise of trying to link him with INEC. What desperate measure did they not take to win the elections? At a stakeholders’ meeting on the 6th of August, 2018, Igini publicly showed on power point, the relocation of 22 polling units from private homes that Akpabio and his group planned to use to win election in 3 hours for APC. He brought the evil to limelight. In reaction, they tried to get Igini transferred when he would not play ball; they manipulated the security architecture of the country and got 7 Commissioners of Police transferred within 2 weeks in Akwa Ibom; they recruited militants, equipped them with “walking sticks” and bombs to disrupt the elections, bomb the REC’s vehicle and kill the very people they aspired to lead. Still, the APC is calling on security agencies to investigate Mike Igini for standing by the truth. What are they going to investigate, if one may ask? Mike Igini has never been linked to any case of corruption in his entire life even as an activist. Anyone who cares should check his records. He has a clean sheet when it comes to public service. He has no romance with evil. Akwa Ibom people are neither blind nor deaf. They have seen and heard it all and nothing is secret. The people of the state remain forever grateful to God who exposed the evil intentions of Akpabio, Ekere and others through the person of Mike Igini, who against all odds stood his grounds to allow justice and equity prevail.
|
A Chieftain and former Chairman of the Peoples Democratic Party (PDP) in Lagos State, Otunba Segun Adewale popularly known as *Aeroland*, has called on all Lagos Muslim faithfuls to imbibe the true spirit of selflessness, tolerance and love towards one another, as being demonstrated by Prophet Mohammed (SAW) as they celebrate this year Eid-el-Kabir. He said a period like this should be used to by all Muslims to intercede and pray to God almighty, to restore peace, unity and progress to the State, urging all to emulate the good teachings of Allah. Adewale charged all members of the Lagos PDP celebrating the Eid-el-Kabir, not to forget to use this opportunity to pray to God, to restore peaceful co-existence amongst members, that only when a genuine reconciliation and soul searching is done in accordance to Allah's teachings, then the unity and progress will lead it to political prosperity. Adewale urged members of the Lagos PDP to overcome their fears and anxieties and rather, embrace resolves to move forward to build a robust party where goals and aspirations are met, urging them to remember the teachings of Prophet Muhammad (S.A.W) which encouraged strong commitment to the development of our society. He said further that, the teachings by the holy prophet is that the Eid-el-Kabir afford us the opportunity to share love with all including the less privileged, which are core basis towards a better society and we must hearken to them jealously," Adewale said. Speaking further, he said "Though, it's a moment of celebration but we need to remind ourselves to imbibe the culture of tolerance and selfless service to humanity as the holy prophet had encouraged us. While wishing it's members, the good people of the state and the entire Muslim community a Happy Eid-el-Kabir celebration, Aeroland enjoined all Lagosians to re-dedicate themselves to the struggle for the emancipation of the State as they reflect on the ideals and teachings of Allah. https://headlinenews365.com/eid-el-kabir-otunba-adewale-felicitates-with-lagosians-pdp-members-preaches-love-tolerance/
|
Senator Akpabio should be charged for contempt and misconduct There are conducts expected of a judge, counsel, complainant, defender as well as the observers in the court of law especially before, during and after a court session. As someone who craves time to follow the different sittings at the tribunal with particular interest to the petition between Akpabio vs Ekpenyong and Nsima vs Udom, I watched with great dissatisfaction the way and manner Senator Godswill Akpabio and Obong Nsima Ekere conducted themselves while in the court, they have turned the court of law, a temple of Justice and equity into a comedy show house, a campaign ground and a place to seek relevance. Yesterday was a day Akpabio and Ekpenyong adopted their written addresses, while the session was ongoing, Senator Akpabio walked into the tribunal with his supporters shouting to the top of their voices and the proceeding was definitely interrupted for some minutes by that singular act. To me, I feel that Senator Akpabio a former Governor, a retired lawmaker and a supposed lawyer a has abused the doctrine of the court and this in legal terms amounts to contempt of the court, of course is an offense in the eyes of the law. Note that this is not the first time he exhibits this total disregard to the norms of the court or is the court of law now a place to constitute nuisance? I expected the trail judge to warn him through his counsels but my expected was however taken to the opposite. This is why I urge the men of the legal profession to file a case of contempt of court against Senator Akpabio. I'm Richard Peters I Good Governance Advocate.
|
Akwa Ibom Elections: INEC Ad-hoc Staff Testifies against the PDP at tribunal with video evidence The hearing of the petition challenging the victory of the incumbent governor of Akwa Ibom State, Governor Emmanuel Udom, by the APC gubernatorial candidate, Obong Nsima Ekere, took a dramatic turn on Wednesday, 24th July, as one of the Adhoc staff employed by the Independent National Electoral Commission in the 9th March 2019 elections was called to the stands. The election petition tribunal sitting in Uyo, the Akwa Ibom State capital on Wednesday, began receiving witnesses and testimonies, as part of its ongoing efforts to interrogate the events that led to the announcement of the incumbent governor as the winner in the race to the Hilltop Mansion location of the Governorment House, Uyo, following a petition brought before it by the candidate of the All Progressives Congress, Obong Nsima Ekere. He was called to the stands by the Lead Counsel to the petitioner, J. S. Okutepa (SAN) and in his testimony, the INEC Ad-hoc Staff (names witheld), who was posted to a polling unit in Obot Akara LGA as Assistant Presiding Officer (APO2), described that on the day, electoral activities had commenced normally, until suddenly, a gang of hoodlums brandishing all kinds of dangerous weapons arrived in a 14-seater bus, and promptly chased away innocent citizens who had queued up to carry out their civil duties by exercising rights to vote. He further explained that, in the ensuing melee, all the officers at the polling unit, including polling materials that had been delivered to them for the elections, were rounded up, led into the bus, and driven to a house. Upon arrival, he continued, the officials were led into a large room where they met a number of other Adhoc INEC officials, including his immediate boss (who was captured in the video) and others who had likely been abducted from other polling units, and made to forcefully thumbprint on provided ballot papers. The witness provided a recording which he had secretly made on his phone of these events as evidence, and the video was played at the hearing. After cross-examination by counsels to the defendants - Dr. Onyeachi Ikpeazu OON (SAN) lead counsel to the 1st respondent, and Tayo Oyetibo (SAN), counsel to the second respondent, the tribunal led by justice A. M. Yakubu directed that the phone on which the recording was made be admitted into evidence as exhibit PTH81A while the CD on which the video was written was admitted as exhibit PTH81B. The hearing continued on Thursday as the 1st petitioner and APC gubernatorial candidate in the Akwa Ibom elections, Nsima Udo Ekere and his deputy, Amadu Attai, took to the stands to give their testimonies. The hearing was subsequently adjourned till Monday, 29th July 2019, on which day the 1st defendant is expected to open their case. https://www.instagram.com/p/B0akcZjnGQ_/?igshid=zsf0eoy6r973 |
TonyeBarcanista:if they want war we will chase them out of the state |
mycar:Their plan has crumbled |
TonyeBarcanista:Akpabio is responsible for any violence in Akwa Ibom state. |
So last week he tweeted that even if Buhari impregnates with his wife he will vote for him. He has taken to twitter to clarify his statement
|
TonyeBarcanista:You will win Sir |
Adebowale89:APC cannot win 1 vote in Akwa Ibom |
Adebowale89:APC cannot win any single vote in Akwa Ibom |