₦airaland Forum

zolajpower:
.
Pray bro ,bcus ezeyamo the pdp gubernatorial candidate in Edo state had more evidence than Atiku in the 2016 election that brought obaseki to power ,but yet he lost at the supreme Court.

Make no mistake comrade he never did not with convincing evidences to back it up that's why it was thrown out for lack of merit

ChristianNorth:
Just ignore them

Here we are again my great pal like we saw the future then when we were discussing the relevance of the Smart Card Reader (SCR) as exhibits to the case Atiku is presenting before the tribunal. It won't be long before many will understand how the Smart Card Reader will influence things in this case. Lalasticlala please move this to the front page I beg of you.

Racoon:
INEC have simply boxed itself into a culdesac with this server issue.

I think the Smart Card Reader (SCR) gave them away

Tinubu must be cut to sizes very useless rogue

masinga07:
If there is going to be fair hearing and judgement, (am not even interested in all these technicalities) its obvious the Election was rigged. The fact that INEC denied the existence of server for election results when there is, shows they rigged the election. But the main issue is can we trust those judges to give fair judgement.

Thanks for your openness bro let me assure you that as it stands today Atiku will emerge because the evidences from Atiku are too overwhelming which leaves the court with no choice. In law you can't build something (election results for Buhari) on top nothing (lack of evidence)!

#AtikuComes

1. Buhari swore on oath and delivered affidavit to INEC claiming he attended Elementary School Daura and Mai Aduaa between 1948 - 1952.

2. Atiku proved it that those schools were not in existence between 1948 - 1952 [ Offence: Pejury. 14yrs Buhari]

3. Buhari swore on oath
that he attended Middle School Katsina between 1953 - 1956.

4. Now Atiku deposed it on court papers at the Election Tribunal that the middle school was also not in existence as at 1953 and up till 1956. [ Serial Forgery for PMB ]

5. Finally, Buhari swore on oath he attended
Katsina Provincial College btwn 1956-1961

6. Atiku disclaims by asserting contrarily that the Katsina provinicial college was not in existence between 1956 - 1961.

7. If, Atiku proves this serial fraud with evidence, Buhari will have no answer in rebuttal than throw in d towel

ATINSOLA

Cc:ChristianNorth Tuniski

Tinubu will soon be decimated at the right time

Johnnyessence:
stop fooling yourself and your gullible followers here. remote control fraud was used in Kano state. Infact there was larger alteration results. tribunal will exposed Apc attrocities on that. just be patient. stop being childish OK.

Stop quoting that dude he is the same as senatordave1 just ignore him

garfield1:
yes pdp and secondus

Will you keep quiet and sod off my mentions I am talking of your useless party called APC

Hmmnnn. .

denkyw:
In my ward we were given two password for the SCR, one is common for all the scr in each PU(which is used for user login), and the other is unique for each scr(this is used for the transmission of the result). After the election and reconcilation of the result by the collation officer, we were instructed by our RATECH to transmit the result for each election, that is each party and the number of votes they got from either the presidential or gubernatorial election etc. all the APO1 were mandated to do this before they leave. But due to poor network service in the RAC, all APO1 submitted the scr with the result and password, plus a token of N100 to the RATECH who is to transmit the results when he gets to a place with better network coverage.

You have said it all

ChristianNorth:
APC thinks they are dealing with fools. No hiding place for them

This is the crux of the matter comrade. What lies ahead now as this case proceeds especially the Osun Appeal continuing tomorrow

specter:
We are not saying he is innocent, the point, follow the due process of law.
There are laid down procedures. Follow them.

Anarchy becomes the order of the day if all men abandon the due process of law and takes their destiny in their own hands.

This means you can be accused innocently and brutalised without due process.

Many innocent persons will suffer if there is little or no respect for the due process of law.

Institutions are stronger when due process of law is followed. Our major problem as a country is not corruption per se, but total disregard for due process of law. And this is the major uranium fueling the puverization of our institutions which naturally breeds corruption.

Strengthen our institutions and see corruption takes flight as does darkness at the break of dawn.

What this means on the long run is a state governor can Suo Moto depose a sitting CJ of a state he is not happy with, or who refuses to do his bidding with trump up charges at even a magistrate court via an exparte application without hearing the other side.

Now where does that live our Judiciary if you have the likes of Yaya bellow and his Kaduna friend?

This about the protection of our dear country and the faith the common man has in the judiciary.

Once that faith is forever gone, anarchy becomes the other of the day. Which means non is safe.

That is the point. So wash your face off tribal and emotional questions bro.

We all must protect our country and those who will suffer the most.

God bless you bro for your simple analysis but I will even say that Onnoghen to the best of my knowledge is innocent at least going by the shoddy way Buhari went about this case. It is more of a vendetta move from APC led govt

Mustsucceed:
You just described your self .your level of intelligence is worrisome .nothing us hidden read up on innoghen and please make reference to 1994.its not today onnoghen became what he is

��������lest we forget, behold the real reasons why *Onnoghen was forcefully removed* it was all about the *2019 Presidential elections results which Buhari/APC envisaged might spill over to the Supreme Court, hence the need to instill fear into the hearts of these Judges. Onnoghen was not culpable in the trumped up charges. Read below; ���������



Vanguard News

Assets declaration charges: I’ve done no wrong – Onnoghen

adekunle
3 months ago

By Soni Daniel, Emmanuel Aziken, Innocent Anaba, Adekunle Aliyu & Henry Ojelu

•Outrage as FG files assets declaration charges against CJN
•S/South govs summon emergency meeting
•Atiku warns: Don’t throw Nigeria into crisis
•SANs kick, say action dangerous


The Chief Justice of Nigeria, Justice Walter Onnoghen, may be dragged before the Code of Conduct Tribunal (CCT) by the Code of Conduct Bureau (CCB) any moment from now following alleged gaps in his assets declaration forms.

The CCB, according to documents obtained by Sunday Vanguard, has already confronted Justice Onnoghen with purported evidence of false assets declaration and huge payments of foreign currencies by him into accounts, which he allegedly did not declare were his at the time he filled his forms with the Federal Government agency.


Chief Justice of Nigeria (CJN) Justice Walter Samuel Nkanu Onnoghen
Perhaps, to pave the way for the CJN to be prosecuted, top investigators from the CCB, on Friday, reportedly, went to the Supreme Court and obtained written cautionary statement from him.

During the interrogation, which sources said, ended at 1:45pm, the CCB operatives were said to have confronted the Chief Justice on why he opened and operated sundry domiciliary and local accounts, most of which he allegedly did not declare in his forms, thereby violating the code of conduct of public officers.

Onnoghen was also reportedly questioned on why he did not immediately declare his assets after taking office as the head of the judiciary in Nigeria and why his two assets forms for 2014 and 2016 were filled and filed the same day.

FG’s charges against CJN mere political witchhunt, says Ozekhome

The main opposition party in the country, Peoples Democratic Party (PDP), its presidential candidate, Alhaji Atiku Abubakar, Governor Aminu Tambuwal of Sokoto State and some Senior Advocates of Nigeria (SAN) were outraged by the action against the CJN.

In particular, Onnoghen’s attention was said to have been drawn by his interrogators to the discrepancies in the two assets declaration forms he submitted to the CCB. The first form, with reference No. SCN: 000014, and the second, with reference No. SCN: 000015 and dated December 14, 2016, were reportedly issued, completed and acknowledged the same day by one Awwal Yakasai when the CJN had taken office.

But the two forms had what the interrogators considered as ‘significant deviations’, which informed their investigations and decision to invite the CJN for questioning.

The documents before the CCB, according to sources, indicated that, in the first set of forms submitted by Onnoghen, he mentioned two banks accounts in SCN: 000014, namely Union Bank with a balance of N9,536,407 as of November 14, 2014 and another Union Bank account in Calabar Branch with cash balance of N11,456, 311.

However, in form Number SCN: 000015, the CJN allegedly listed seven bank accounts mostly holding foreign and local currencies running into millions of Naira.

The accounts, which the CJN reportedly acknowledged to have opened, are made up of five in Standard Chartered and two in Union.

They are: Standard Chartered accounts (five) with cash balances of N3,221,807.05, N$164,804,82, €55,154,56, £108,352.2, and N8,131,195,27 as of November 14, 2016.

The two Union Bank accounts held N23,261,568,89 and N14,695,029,12 respectively as of November 14, 2016.

I’ve done no wrong – Onnoghen

Responding to the interrogation in writing, Onnoghen pleaded his innocence on the issues raised by the CCB, saying he did not do any wrong to warrant any action, having satisfied the requirements of publicly declaring his assets as a top public officer in Nigeria.

In a written statement to the CCB, sighted last night, he explained that he filed the two assets declaration forms on the same day in 2016 after becoming CJN because he forgot to make another declaration of his assets at the expiration of his 2005 paper in 2009.

“Following my appointment as the Acting CJN in 2016 the need to declare my assets anew made me to realize the mistake and I therefore did the declaration to cover the period in default,”he explained.

On the seven accounts omitted in form SCN: 000014, he explained that it arose because he believed they were not opened during the period covered by the declaration.

According to him, the $10,000 cash deposits he made at different intervals into his account in Standard Chartered in 2011 came from his earned estacodes for medical expenses while the withdrawals from the accounts were due to paying for his children’s schools fees and for their upkeep abroad.

It was not clear last night if the CCB could press ahead with the case against Onnoghen without clearing with the National Judicial Council, (NJC) which is headed by him, a body that has vehemently resisted the trial of any judge for corrupt practices without being reprimanded by it.

But there were indications that the CCB might push the case before the CCT this week.

PDP: Presidency plotting to annex the judiciary

The PDP deplored the action against the CJN, accusing the Buhari presidency of plotting to destabilise and annex the judiciary ahead of the general elections.

The main opposition party said the All Progressives Congress (APC) and a “cabal” at the Presidency were hounding Onnoghen and seeking his removal so as to cause a constitutional crisis, instill fear in judicial officers and pave the way for the foisting of a pliable CJN that will do their bidding on electoral matters.

…even if allegations against Onnoghen are true, CCB, was wrong … – Atiku

“This is particularly following allegations that the APC seeks a new CJN that will aid its rigging schemes as well as execute the plot to use the court to detain and put opposition members and outspoken members of Civil Society Organizations out of circulation during the general elections,” it said in a statement.

“This development is a clear recipe for anarchy and a huge crisis that is capable of fracturing our justice system and derail our democracy as it portends a prelude to a total clamp down on institutions of democracy and rule of law in our country.

“The PDP therefore urges all Nigerians, the United Nations and all international bodies to unite in the defence of our democracy, especially at this very critical time in our political development.

“Moreover, if President Buhari is committed to cleaning up the system as he claims, we challenge him to allow the Inspector General of Police, Ibrahim Idris, whose tenure has expired and who had also been rejected by Nigerians due to his manifest partisanship, to go.

“President Buhari should also ask Amina Zakari to recuse herself from INEC following her rejection by Nigerians over issues of impropriety in her appointment as Chairperson of the Presidential election collation committee”.

Don’t Throw Nigeria into Crisis, Atiku Warns

Also reacting, the presidential candidate of the PDP, Alhaji Abubakar Atiku, warned President Muhammadu Buhari and the APC against throwing Nigeria into avoidable crisis over what he called their desperation to sack the CJN.

Atiku, in a statement by his Special Assistant on Public Communication, Mr. Phrank Shaibu, said the principle of separation of powers remained sacrosanct in a democracy irrespective of what Buhari is told by his advisers.

According to him, the plot to sack Onnoghen is a pre-emptive move against the bench in the face of imminent defeat and knowing the role the judiciary plays in the final outcome of elections.

“We have just been made aware of the plot by President Muhammadu Buhari the All Progressives Congress (APC) to sack Justice Walter Samuel Nkanu Onnoghen using flimsy assets declaration issues as a pretext. We are aware that there are plans to arraign Justice Onnoghen before the Justice Danladi Yakubu Umar led- Code of Conduct Tribunal on Monday, January, 14, 2019. The charge against Onnoghen, we understand has already been filed and served on him last Friday at his official residence in Abuja preparatory to his appearance at the Tribunal,”he stated.

‘’But we warn that despite the clandestine meetings in the highest echelon of the APC and also involving some top officials of the federal government which include the Code of Conduct Tribunal, neither Buhari nor the APC can re-write the Nigerian Constitution just because of its impending defeat at the February 16, presidential election. Heavens did not fall when PDP lost to the APC in 2015. And heavens will not fall now that the APC is sure to lose to the PDP, seeing that the APC’s plan to rig in the forthcoming elections will not pull through.”

Tambuwal warns against plot to give CJN ‘Saraki treatment’

Governor Aminu Waziri Tambuwal of Sokoto State cautioned Buhari against succumbing to the plea by his associates to give Onnoghen the ‘Bukola Saraki’ treatment for the purpose of having their way at the tribunals post – 2019 polls.

Senate President Bukola Saraki had been tried by the CCT for what may believed were trumped-up assets declaration charges dating back to his time as governor of Kwara State.

The trial came after he defied the APC leadership to become the Senate President.

CCT freed him of the charges.

Speaking at the flag-off of the PDP election campaign in Bodinga Local Government Area of Sokoto State, Tambuwal said that, “after desecrating the legislature, the Buhari administration had set its sight on the judiciary in a brazen effort to return itself to power”.

SANs kick

Three senior advocates of Nigeria (SAN) who spoke on the CJN episode, last night, were scathing in their criticism of the action against Onnoghen.

In his reaction, Sebastine Hon, SAN, said: “ While I know that the Chief Justice of Nigeria does not enjoy immunity from criminal prosecution, I see this move by the Federal Government as dangerously political and tendentious. Suddenly, we woke to see a petition leaked to the informal or social media, allegedly received by the Code of Conduct on 9th January, 2019. Suddenly, we are told charges have been filed against the CJN. Suddenly the Presidency is reportedly asking him to step aside! Was he interrogated or interviewed and his own reactions obtained? Why this supersonic rush? These steps are more political than honest.

“There is an attempt to destroy the Judiciary or gag it; and in the latter situation, to hector it into submission. I personally say no to this! All Nigerians of goodwill must say no to this unprovoked assault on the Judiciary.

“After unsuccessful attempts to reign in the National Assembly, the same unholy attention is beamed on the Judiciary. If this arm of government is destroyed, due process, constitutionalism and the rule of law will pave way to whimsical, narrow and brute force, at the instance of one man or a select few! I personally say no to this.

“Nothing stops the Federal Government from deferring, in the interest of national peace and cohesion, the filing of those charges till an opportune time – since there is no limitation of time in criminal proceedings. Why now?

“The Federal prosecutors are also aware of extant decisions of the Court of Appeal, to the effect that unless and until the NJC pronounces a Judicial Officer guilty, he cannot be arraigned in court. Those authorities know full well that these decisions of the Court of Appeal have not been overruled; but they have decided to humiliate the CJN, by rushing some charges to the Tribunal and leaking same to the press over the weekend.

“I strongly counsel the CJN not to heed the obviously unholy call that he should step aside. There is light, I am strongly persuaded, at the end of the tunnel!.”

For his part, Yusuf Alli, SAN, stated: “To say that I am flustered and nonplussed is an understatement. We should not destroy our institutions. The judiciary is one of the most important institution in any country. We should not toy with the judiciary. While accusing everybody of being corrupt, we should not throw it around just because some people are happy. The Chief Justice of Nigeria is the epitome of Nigeria’s judicial system. We should just be very careful so that we don’t end up with the title of Chinua Achebe’s book, ‘ There was a country’.”

Chief Chris Uche, SAN, reacting, said, “This is carrying the battle for 2019 too far. To attempt to intimidate and destroy the Judiciary because of the forthcoming presidential election is a ploy that must be stoutly and vehemently resisted by the legal community. The legal community must rise in unison against this attack on all of us.

“We will not allow this to happen otherwise the legal profession is finished. The AGF should not allow himself to go down in history as the one under whose watch the judiciary in Nigeria was destroyed. His predecessors such as Clem Akpamgbo SAN, Abdullahi Ibrahim SAN, Bayo Ojo, SAN and others strove to strengthen the judiciary as an institution. Those who allow their heads to be used in breaking the coconut may not be around to drink the water therefrom.”

South-South govs summon emergency meeting

In a related development, South-South Governors Forum meets today in connection with the CJN affair

A statement by the Special Adviser, Media Relations to the Governor of Bayelsa State, Mr. Fidelis Soriwei, stated that the security of the Niger Delta, during and after the 2019 elections, and the issue of derivation would also be discussed at the meeting.

Onnoghen : Presidency plotting to annex Judiciary – PDP

Soriwie said that while his principal, Governor Seriaki Dickson, was yet to know the details at the Supreme Court concerning the CJN, it was a grave and dangerous escalation, coming a few weeks to the general elections.

He quoted Dickson as saying that all hands must be on deck to prevent the subversion and desecration of the ethos of democracy in Nigeria as the nation inches to the elections.

https://www.google.com.ng/amp/s/www.vanguardngr.com/2019/01/assets-declaration-charges-ive-done-no-wrong-onnoghen/amp/

It will be loud very soon. #AtikuIsRoaring

richidinho:
Get ready to celebrate Atiku is coming

For the mere fact that those INEC officials admitted that the smart card reader were used to sent results to the server definitely it will be admissible as one of the tools of evidence in this case. It will be loud

A true man of God

#Atiku Is Roaring

Cc: ChristianNorth Tuniski etc

*Presiding officers: We transmitted official results directly to INEC server*

Newtelegraph News
April 22, 2019.


*........Atiku: Buhari didn’t submit any academic certificate*

About 13 Presiding Officers (POs) in Borno and Yobe states have told the Presidential Election Petitions Tribunal sitting in Abuja that they transmitted the results of the February 23 Presidential election in their various units and wards to the official server of the Independent National Electoral Commission (INEC).

The POs in their respective Witness Statement of Oath in support of the petition filed by the Presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, challenging the election of President Muhammadu Buhari of the All Progressive Congress (APC), stated that the election body had, during their training, instructed them on how to transmit the results to its server.

The submission of the POs was to lay credence to the petition of Atiku and PDP, wherein they alleged that the INEC pulled down the official results from its server and consequently replaced it with a doctored one to favour President Buhari.

The position of the POs, however, contradicted the submission of INEC who had stated in its reply to the petition that results were not sent to its server. All these were, however, contained in Atiku’s reply to the objection filed by APC, who is the 3rd respondent, to his (Atiku’s) petition before the Presidential tribunal, wherein he is challenging the election that produced Buhari.

INEC had declared President Buhari as the winner of the February 23 election, having polled 15,191,847 votes to defeat his closest challenger, Atiku, who polled 11,262,978. But, Atiku in his 139- page petition before the tribunal stated that from the data in INEC’s server, the true, actual and correct results showed that he (Atiku) secured a total of 18,356,732 votes against Buhari’s 16,741,430 votes. On its part, INEC stated that there was no result in its server and that the presidential election results were not transmitted electronically.

However, in reaction to paragraph 29 of the 3rd Respondent’s reply, the petitioners aver that the data and scores in the 1st Respondent’s Server were as transmitted by the 1st Respondent’s officials and those scores are valid, and legitimate. Atiku, through his team of counsel, led by Dr. Livy Uzoukwu (SAN), had listed about 13 Presiding Officers from different wards in Borno State and also attached their witness statement on oath.

According to one of the POs, “I was employed as an ad hoc staff and trained for three days by the 1st Respondent at the Government College, Maiduguri, Bomo State to serve as a Presiding Officer (PO) at Waliri Polling Unit with Code 003, of Shehun Barna Ward, Bomo State on the 23rd February, 2019 Presidential and National Assembly (Senate and House of Representatives) elections. ”

The training covered the duties of all 1st Respondent’s ad-hoc staff at the polling units and the procedure for the conduct of election which includes accreditation, verification, authentication, collation and transmission of results as well as the use of Smart Card Reader (SCR), amongst others.

“At the 1st Respondent training, we were specifically instructed that the use of the Smart Card Reader for accreditation, verification, authentication, collation and transmission of results is mandatory and that any election conducted without the use of the Smart Card Reader would be invalid.

“I took part in the conduct of the Presidential and National Assembly (Senate and House of Representatives) elections of 23rd February, 2019 where I served as the Presiding Officer (PO) and I ensured the use of the Smart Card Reader for accreditation, verification, authentication, collation and transmission of votes in my polling unit.

“At the end of voting, the information on the Smart Card Reader with the results inclusive, were collated by me in the presence of the party agents and other ad-hoc staff of the 1st Respondent after which my Assistant Presiding Officer (AP0-1) transmitted the result electronically in my presence to the 1st Respondent’s server, using the Smart Card Reader (SCR) and the code provided by the 1st Respondent.”

Furthermore, in the witness statements of the Presiding Officer of Daza Primary School Code 001,Daze Marte Ward of Borno State, who was coded as BU; the Presiding Officer of Mustapha Ali Bama, Code 036, Mafoni MCC Ward, who was coded IM; the Presiding Officer of Binkalion Code 003, Maisandari Damaturu ward Yobe, coded as AB and APO of Kafan Sarki Code 007, Yabir-Gujba of Yobe state, coded as AW; they all admitted that the results of the Presidential election were transmitted electronically to INEC’s server. In a similar development, Atiku had insisted that Buhari did not submit any academic certificate to INEC before contesting in the February 23 election.

He added that the claim of APC that Buhari was eminently qualified to contest the election to the office of the President of the Federal Republic of Nigeria is spurious and devoid of substance as Buhari never submitted any certificates to INEC regarding his educational qualification.

According to him, “Having not submitted any certificate to the 1st Respondent (INEC) regarding his educational qualification, the 2nd Respondent (Buhari) did not and could not have complied with the requirement of the law regarding qualification for election to the office of the President.

“The question of the 1st Respondent being satisfied with the information and materials submitted to it by the 2nd Respondent with respect to the qualification of the latter did not arise because the 2nd Respondent did not submit any certificate.

“The claim of the 3rd Respondent at paragraph 498 of its reply that the declaration sworn to by the 2nd Respondent before Commissioner for Oaths at the Federal Capital Territory High Court Registry on 8th October, 2018 as being distinct and separate from the general form of affidavit explaining the whereabouts/location of 2nd Respondent’s academic qualification documents is utterly ridiculous especially as both documents were submitted to the 1st Respondent by the 2nd Respondent simultaneously and without factual backup by any known certificate of qualification of the 2nd Respondent.

“The issue of qualification of the 2nd Respondent to contest election to the office of President of the Federal Republic of Nigeria is a mandatory statutory and/or Constitutional requirement that cannot be waived by the petitioners as erroneously averred in paragraph 499 (d) of the 3rd Respondent’s reply.”

Atiku, however, challenged Buhari to produce the originals or Certified True Copies of his purported certificates obtained from Elementary School, Daura and Mai’adua, Middle School, Katsina and Katsina Provincial Secondary School and all other institutions pleaded in paragraphs 500 and 501 of 3rd Respondent’s reply.

Atiku further added that his petition is competent and meritorious and the return of the 2nd Respondent by the 1st Respondent is undue and wrongful.

He added that the 3rd Respondent’s reply does not answer the points of substance in the petition, but same is full of extraneous facts, contradictory, diversionary, evasive, speculative and vague assertions.

The former vice president also stated that he is a bona fide Nigerian.

“Contrary to the allegations contained in paragraphs 1, 2, 3, 4, 5 and 6 of the 3rd Respondent’s reply, the petitioners state that the 1st petitioner is a citizen of Nigeria by birth and thus qualified to vote and be voted for and returned in the election to the office of the President of the Federal Republic of Nigeria, held on Saturday 23rd February, 2019 going by the relevant provisions of the 1999 Constitution (as amended).

“That all averments concerning Germany, British Cameroons, League of Nations and Plebiscite are false and misleading in relation to the 1st Petitioner and, therefore, completely irrelevant more so that the 1st Petitioner is a Nigerian by birth within the contemplation of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“The averments in the aforesaid paragraphs are indeed fabricated, contrived, made in bad faith and designed to embarrass the 1st Petitioner,” Atiku said.

ekestic1976:
Because he didn't KILL Buhari for you? Bakare says, "The elections have come and gone . . ." Why don't you let that fact sink into your HATEFUL heart? Must the other Nigerians do just as you desire? We're in a democracy, remember?

you better change your drugs before something goes wrong with you. Who is Tunde Bakare to tell me what to accept especially with that sham you called election. Don't you have conscience again?

frankmoney:
tribunal said his guilty , NJC never claimed his innocent , and yet you are so sure he isn't

You mean the same NJC that had been grossly compromised before Onnoghen's forceful conviction at the NJC I am even surprised you are oblivious of this open truth

PearlStreet:
The Tribunal said he's guilty, you are saying he's not.

You Pdp supporters are the most intellectually crippled people I've come across. It is this mental polio you guys have that made Onnoghen not resign.

I know you are blind for nothing bUT would rather bark out rubbish at any given time even my native billy goat knows Onnoghen was never guilty but must be axed by the fearful Buhari your god.


Onnoghen and the unfolding controversies
Published February 5, 2019
KINDLY SHARE THIS STORY
File: Walter Onnoghen


Similoluwa Daramola

Politics has remained a major problem hampering the dispensation of justice in Nigeria. Sentiments on the bases of tribe, religion, and partisan politics have bedevilled the Nigerian justice system over the years. The recent trial of the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen, has generated a series of controversies and reactions both home and abroad over the constitutionality of the trial. The background to this trial is the recent allegation levelled against the Chief Justice for false asset declaration and failure to declare monies in his foreign account amounting to some $5m. The two major issues of law have been the one relating to whether or not the Presidency had complied with the conditions precedent before the suspension of the CJN and the jurisdiction of the Code of Conduct Tribunal to entertain such a matter. What marvels me the most as regards the remarks of many Nigerians have been the comments of sentiment and bias on the attempt on the part of the Presidency to sabotage the South-South geopolitical zone following the allegations of marginalisation rather than the issues of law.

The allegations that the rule of law has been unrepentantly trampled upon under this administration must come with the fact that any misconduct emanating from the judicial arm of government must not be waved with the left palm downward and this is because justice is the only thing we live for in our daily relations with people and the fact that the court is the last hope of the common man. Section 1 of the 1999 Constitution of the Federal Republic of Nigeria makes provisions for the supremacy of the constitution implying that the business of governance must be done in accordance with the dictates of the constitution. Nigerians must get the point that Justice Onnoghen is still presumed innocent until he has been found guilty in line with Section 36(5) of the constitution. While Section 292, which has remained the mantra amidst these controversies states that the only circumstance in which the a judicial officer can be removed from office before retirement is through the President acting on an address supported by two-thirds majority of the Senate praying that he be so removed on the basis of misconduct in this circumstance. The rationale behind this provision is to guarantee an independent and impartial judiciary from the abuse of power by one organ of government in line with the doctrine of separation of power.


It is conspicuous that the Legislature and Executive in Nigeria have not been operating in the best harmony needed for good governance arising from personal grouse capped with feather of the 2019 elections. In my view, the 8th National Assembly with all sense of candour has not lived up to the sincerity expected from it in truly representing the interests of the people. This condition precedent of a two-third majority was not secured by the Presidency.

One germane issue Nigerians must note is that the Chief Justice of Nigeria does not enjoy immunity under Section 308 of the constitution and so to paint a picture that he is untouchable is to slap the face of justice which he stands to defend in his office as the ambassador of justice in the Nigerian judiciary. However, one argument that may serve as a lacuna in the constitution in my opinion is Section 292 seeking the removal of any judicial officer on the address of the President supported by a two-third majority may be abused and used as a tool for conspiracy. However, since the positivist school of jurisprudence on its analysis of law suggests that the law remains law until amended or repealed, Section 292 still holds sway which the President did not comply with when he suspended the Chief Justice and appointed Justice Tanko Mohammad as the acting Chief Justice of Nigeria during the pendency of the case in the Code of Conduct Tribunal.

On the status and jurisdiction of the CCT, it is imperative to note that the tribunal is a creation of the constitution and is not unknown to law. Part I of the Fifth Schedule of the constitution particularly Section 11 of the Schedule states that a public officer shall declare his assets within three months after the coming into force of this code or immediately after taking office and thereafter at the end of every four years or at the end of his term of office submit to the CCB a written declaration of all his property, assets, and liabilities and those of his unmarried children under the age of 18 years and any statement in such declaration that is found to be false by any authority or person authorised in that behalf to verify it shall be deemed to be a breach of this code. Since Section 19 of the same Schedule interprets public officers to include the CJN and the nature of allegations borders on false declaration, then it is not out of context for Onnoghen to be tried in the Tribunal after all he doesn’t enjoy immunity.

The point that the Chief Justice of Nigeria is being tried is in tandem with one of the tripod constituents of the rule of law as put forward by A. V. Dicey which is equality before the law in the absence of immunity. The fact that Lady Justice is blindfolded to an extent reveals that the law is no respecter of person and so, let unhealthy tribal sentiments be put aside. One major thing that baffles me is this and that is the legality of the order of the Tribunal and speedy executive swearing of the most senior justice of the Supreme Court in line with Section 231(4) of the constitution. Judicial pronouncements in Garba v University of Maiduguri (1986) 1 NWLR Pt. 18, p. 550 and Denlonye v Medical and Dental Practitioners Disciplinary Tribunal (1968) All NLR 298,Legal Practitioners Disciplinary C v Fawehinmi (1985) 2 NWLR pt. 7.p. 300 SC an interpretation of Section 36 of the 1999 Constitution is to the effect that in the determination of the civil rights or obligation including any question by any court of law or tribunal, a person shall be guaranteed the right to fair hearing, and such tribunal or court must be constituted in such a manner as to ensure the dispensation of justice. To act on an ex parte order that the Chief Justice of Nigeria vacate his office and swear another without observing the principle of fair hearing which Justice Kayode Eso in his Obiter in Adigun v Attorney-General Oyo State (1987) 1 NWLR pt. 679 SC held that God observed the two pillars of fair hearing expressed in the Latin maxim, audialterampartemnemojudex in causasua, (meaning, hear both sides and no one can be a judge in his own case) before chasing Adam and Eve out of the garden of Eden, will constitute disregard for the rule of law which in the words of Aristotle is better than the rule of man.

President Buhari in his fight against corruption must ensure that due process of law is complied with. The President seems to always play into the hands of the opposition with the actions he takes. The swearing-in of another northerner simply validates the presumption held by many that Buhari is a tribalist.

Mr President has refused to note that Section 14(3) of the Constitution providing for federal character though non-justiciable is the only provision Nigerians hold in high esteem and the political game of Nigeria has yet to ripen into the point that tribe doesn’t matter but rather what matters is competency. My question still remains, was the President not properly advised before taking such an action considering the army of lawyers he is surrounded with particularly the Attorney-General of the Federation, Abubakar Malami? Whatever the intention of the President was in taking such a decision, the point remains crystal clear that he acted ultra vires and going by Lord Denning’s much quoted obiter dictum in Benjamin MacFoy v United African Company Ltd(1962) AC 152 one cannot put something on nothing and expect the same to stand because it will surely collapse.

Integrity, accountability, and transparency must be restored in all arms of government especially the judicial arm but the rule of law must be complied with. Mr. President should kindly note that Nigerians are also asking questions concerning Babachir Lawal, his former Secretary to the Government of the Federation.

https://punchng.com/onnoghen-and-the-unfolding-controversies/

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Onnoghen was only axed on political ground which is clear to the discerning minds!

QuotaSystem:
Onnoghen is finally OnnoGONE.

This is a victory for Truth & Justice.

Good riddance to filthy rubbish

Your partisan tendencies will keep making you to appear too shallow to some of us. You love evil things too much. Onnoghen is not guilty of any thing leveled against him by these useless govt of Buhari

Honestly speaking I am so disappointed in Tunde Bakare

"Atiku Is Not Jonathan" - Obasanjo warned these useless and mindless riggers from day one. Atiku Is Coming!

Atiku to call Microsoft, IBM experts as witnesses, gives ‘details’ of INEC servers
Published

April 17, 2019
Eniola Akinkuotu, Abuja

The presidential candidate of the Peoples Democratic Party in the last election, Atiku Abubakar, is set to call Microsoft, IBM and Oracle experts to authenticate his claim that the servers belonging to the Independent National Electoral Commission showed that he defeated President Muhammadu Buhari by over 1.6 million votes.

Atiku also identified the server where the results are kept as INEC_PRES_RSLT_SRV2019 and its unique Mac address as 94-57-A5-DC-64-B9 with Microsoft Product ID 00252-70000-0000-AA535.

The PDP candidate said this in fresh response to the reply of INEC to his petition.

Atiku and the PDP will also be expected to tender INEC’s training manual on elections, a printout of the votes of candidates from smart card readers and a printout of the forensic audit report on INEC’s server as evidence.

The former Vice-President and the PDP claimed to have polled a total of 18,356,732 votes to defeat President Muhammadu Buhari and the All Progressives Congress who he said scored 16,741,430 votes.

However, INEC’s Director, Information and Communications Technology, Mr Chidi Nwafor, in his witness statement on oath attached to the reply, specifically denied the “server results” which the PDP and Atiku were laying claim to.

He said all the results were collated manually and were never transmitted electronically.

Atiku, in his fresh response, said the figures he claimed to have scored were genuine.

The reply read in part, “The servers from which the said figures were derived belong to the 1st respondent (INEC). The figures and votes were transmitted to the 1st respondent’s Presidential result’s server 1 and thereafter aggregated in INEC_PRES_RSLT_SRV2019 whose physical address or unique Mac address as 94-57-A5-DC-64-B9 with Microsoft Product ID 00252-70000-0000-AA535. The descriptions are unique to the 1st respondent’s server.”

On how the case would be argued, the PDP and Atiku stated, “The petitioners will at the trial of this petition rely on experts on Microsoft, IBM and Oracle, amongst others.”

The PDP candidate and his party said one of the spokespersons for the Buhari Campaign Organisation, Festus Keyamo (SAN), even attested to the fact that the election data was in INEC’s servers when he wrote a petition to the Inspector-General of Police calling on him to arrest Atiku.

The petition further stated, “The spokesperson for the second respondent’s campaign organisation (Keyamo) openly admitted that the data in question was in the first respondent’s server when he wrote and submitted a petition to the IGP and the Director of the Department of State Services asking the security agencies to investigate the second petitioner (the PDP) for allegedly hacking into the server of the first respondent (INEC) and obtaining the data in question.

“Specifically, Mr Festus Keyamo (SAN) claimed in the petition that it was the first petitioner (Atiku) who smuggled the data into the server. The petitioners (Atiku and the PDP) hereby plead the said petition to the security agencies and the second respondent is hereby given notice to produce them at hearing.”

The PDP and Atiku said INEC’s claim that the transmission of results was purely manual was a lie.

They made references to several press statements issued by INEC insisting that there would be an electronic component of results collation.

Atiku and his party said there was nothing in the Electoral Act that barred INEC from transmitting results electronically.

They said INEC also lied when it claimed that its directive on election day was that card readers should only be used in areas where they worked.

The PDP and its presidential candidate added, “The petitioners shall at trial lead evidence to show that the first respondent (INEC) stated on several occasions before and after the elections that the use of card readers was compulsory.”

The petitioners also stated that INEC through its Chairman and Returning Officer, Prof Mahmoud Yakubu, committed grave errors in the final collation of the presidential results.

The INEC boss was said to have muddled up the results, announcing the wrong figures for wrong political parties.

Atiku and his party said in the Form EC8E INEC falsely credited Rev. Chris Okotie (Presidential candidate of the Fresh Democratic Party) with a wrong political party and wrong scores and in the same vein, the INEC boss falsely credited Rev. Onwubuya Abraham (presidential candidate of Freedom and Justice Party) with a wrong political party and wrong scores.

The INEC chairman was also accused of falsely crediting Ojinika Chizee (presidential candidate of the Coalition for Change) and Abah Elaigwu (Change Advocacy Party) with the wrong scores and wrong political parties.

Meanwhile, the PDP has come to the defence of Atiku’s lead counsel, Dr Livy Uzoukwu (SAN), whom INEC claimed was not a legal practitioner and was not licensed to practise law.

In a witness statement signed by a former Minister of Aviation, Osita Chidoka, the party said Uzoukwu was called to the bar in 1982 and was even the attorney-general of Imo State from 1994 to 1996.

https://www.google.com.ng/amp/s/punchng.com/atiku-to-call-microsoft-ibm-experts-as-witnesses-gives-details-of-inec-servers/amp/

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All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express written permission from PUNCH.

What a Man very brilliant submission

We are gradually getting there in no short distance.

Bossontop:

If you know anything about IT.....you'd know that the fact that unique mac address and product id are a match for the inec server.........atiku's results CANNOT be fabricated........so inec jus carry d whole election wey pipu even die for go give buhari??.......its a pity that people's conscience can be so dead and inactive

[img]https://media1./images/34e454b09a79f7825c06e0102171ab7a/tenor.gif?itemid=9410251[/img]

Respect to you my bro for being a man of conscience some hungry lowlifes who blindly supporting Buhari and APC in the spirit of partisan politics are the real enemies of this great country.

The main man of life!

This is the most useless, incompetent, fraudulent INEC chairman ever in the history of this country with a terrible and shoddy preparation for an election that gulped N242 billion