COVER
Ortom Floors Jime at Appeal Court
By Orkula Shaagee, Abuja
The premises of the Court of Appeal, Abuja, was agog yesterday with jubilations and shouts of joy from Peoples Democratic Party (PDP) supporters and by extension, Benue State Governor, Samuel Ortom, when the Court upheld his election as the Benue state Governor at the 2019 general elections.
In a unanimous judgement by the five-member panelists at the appellate court, led by Justice A.
O. Belgore, the court said the All Progressives Congress (APC) and its candidate, Emmanuel Jime, should pay N150,000 for bringing the application.Jime and his party, the APC, had approached the appellate court to challenge the October 7 decision of the Benue State election tribunal, which upheld the election of Mr. Ortom, after a petition by the APC that the elections were marred by irregularities and should be nullified.
After the tribunal ruling, Mr. Jime vowed to contest the decision and argued that the Benue State tribunal aired in law and treated his petition unfairly.
The APC candidate’s lawyer, Yusuf Ali, had argued that the election did not comply with the provisions of Nigeria’s electoral laws.
But Governor Ortom’s lawyers led by Sabastian Hon, argued that the petitioners failed to provide credible evidence to back their claims. They also said the arguments by APC regarding the card readers at the said elections had since been settled in various election decisions.
In its decision, the Court of Appeal upheld the judgment of the tribunal and dismissed Jime’s petition for lack of merit.
Ortom had defected from the APC to the PDP in the build up to the 2019 elections.
The Independent National Electoral Commission (INEC), in March declared Ortom winner of the supplementary governorship election in the state.
Ortom, who defected to the PDP after falling out with his erstwhile political God-Father Senator George Akume of the APC, defeated his closest rival, Emmanuel Jime of the All Progressives Congress (APC) and 31 other contestants.
Declaring the result, the state returning officer, Sebastain Maimako, said Mr. Ortom polled a total of 434,473 votes to beat Jime, who got 345,155 votes.
Before the supplementary election, Ortom had scored 410,576 votes and had a lead of 81,554 votes over Jime who had scored 329,022 votes.
The supplementary election was held in 204 polling units in 22 local governments, which had a total of 121,299 registered voters.
Also in October, the Governorship Election Petition Tribunal sitting in Makurdi affirmed the re-election of Gov. Samuel Ortom of Benue and dismissed the petition of Mr. Emmanuel Jime for lacking in merit.
Jime of the All Progressives Congress (APC) had challenged the return of Ortom of the Peoples Democratic Party (PDP) by the National Independent Electoral Commission (INEC) on the grounds of substantial noncompliance with the provisions of Electoral Act, 2010 as amended.
Also joined in the petition were the PDP and INEC.
The petitioner alleged in his petition that Ortom was not duly elected by majority of lawful votes cast.
The APC governorship candidate also challenged the results declared in Buruku, Gboko, Guma, Gwer East, Gwer West, Konshisha, Kwande, Logo, Ukum, Ushongo and Vandeikya.
He therefore asked the tribunal to either declare him winner of the March 2019 governorship election in Benue or nullify Ortom’s election and order the conduct of a fresh election in the state.
During the hearing, the petitioner called 59 witnesses who testified that they witnessed irregularities, over voting and other electoral malpractices perpetrated by the PDP and INEC during the election.
Jime, while testifying as PW17, urged the tribunal to declare him winner of the election on grounds that he polled 2,224 votes more than Ortom.
The petitioner also tendered over 1100 electoral documents including forms EC8A, EC8B, EC8C, EC8D, EC8E, voters’ registers and card reader reports.
He also tendered 2019 manual and guidelines for electoral officials in 384 Polling Units across 11 local government areas in contention.
However, Ortom, INEC and PDP asked the tribunal to strike out the petition in its entirety for lacking in merit.
INEC in its final written address, told the tribunal that the March 2019 election was conducted in full compliance with the provisions of the Electoral Act, 2010 as amended.
INEC and PDP called no witnesses while Ortom who was the second respondent in the suit called one witness.
Ortom told the tribunal through his counsel, Barrister Sebastine Hon (SAN) that the burden of proof rested on the petitioner.
Delivering a nine hours judgment, the Chairman of the Tribunal, Justice Henry Olusiyi faulted the testimonies of the petitioner’s witnesses.
According to him, none of them could substantiate their claims of over voting and other irregularities alleged.
Olusiyi said that the petitioner failed to link the documents tendered in evidence to the petition, saying that they dumped the documents on the tribunal.
He also said that until the National Assembly amends the constitution, the voter register remain the only document used to ascertain the number of registered voters and not the smart card readers.
Reacting to yesterday’s victory, Ortom in a statement by his Chief Press Secretary, Terver Akase, commended the judgement and described it as a victory for the people of the state.
According to him, the appellate court’s verdict has not only validated the earlier judgment of the Governorship Election Tribunal but also confirmed the choice of Benue voters in the 2019 polls.
He thanked God for giving him the opportunity to lead the state for another term and appreciated the leadership and members of the PDP in the state, as well as the people of the state.
Governor Ortom also commended his legal team for their outstanding performance at the Tribunal and the Court of Appeal and stressed that the task of building the state was the responsibility of all the people.
He, however, called on the APC candidate and other contestants in the last election to join hands with him to develop Benue State.
Ortom also expressed willingness to collaborate with sons and daughters of the state irrespective of political differences, ethnicity, religion and place of origin, for a greater Benue.
Ortom became the governor of Benue State in 2015, when he defected from the PDP to join the APC weeks before the general election, and became the party’s (APC) candidate after failing to secure the PDP ticket at the primaries.
He later defeated Terhemen Tarzoor of the PDP after polling 422,932 votes as against PDP’s 313,878 votes in the general election to emerge the winner.
The then PDP candidate also challenged the election of Mr. Ortom up to the Supreme Court, but lost, paving way for Ortom to rule the state for four years.
The apex court dismissed the appeal filed by Tarzoor on the ground that he lacked the locus standi to institute the suit.
By Mike Odiakose, Abuja
Immediate past governor of Kogi State, Yahaya Bello will spend the 2024 Christmas and 2025 New Year days in Kuje prison, Abuja, following refusal of his bail application by the Federal Capital Territory High Court.
Justice Maryann Anenih yesterday adjourned the case until Jan.
29, Feb. 25, and Feb. 27, 2025 for the continuation of the hearing.The former governor is standing trial, along with two others, in an N110 billion money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Anenih had refused to grant a bail application filed by Bello, saying it was filed prematurely.
The judge admitted Umar Oricha and Abdulsalam Hudu, to bail in the sum of N 300 million each with two sureties.
Justice Anenih, while delivering a ruling said, having been filed when Bello was neither in custody nor before the court, the instant application was incompetent.
“Consequently, the instant application having been filed prematurely is hereby refused,” she said.
Recalling the arguments before the court on the bail application, the judge had said, “before the court is a motion on notice, dated and filed on Nov. 22.
“The 1st Defendant seeks an order of this honourable court admitting him to bail pending the hearing and determination of the charge.
“That he became aware of the instant charge through the public summons. That he is a two-term governor of Kogi State. That if released on bail, he would not interfere with the witnesses and not jump bail.”
She said the Defendant’s Counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to grant the bail.
He urged the court to exercise its discretion judicially and judiciously to grant the bail.
Opposing the bail application, the Prosecution Counsel, Kemi Pinheiro, SAN, argued that the instant application was grossly incompetent, having been filed before arraignment.
He said it ought to be filed after arraignment but the 1st Defendant’s Counsel disagreed, saying there was no authority
“That says that an application can only be filed when it is ripe for hearing.”
Justice Anenih held that the instant application for bail showed that it was filed several days after the 1st defendant was taken into custody.”
Citing the ACJA, the judge said the provision provided that an application for bail could be made when a defendant had been arrested, detained, arraigned or brought before the court.
Bello had filed an application for his bail on November 22 but was taken into custody on November 26 and arraigned on Nov. 27.
From Jude Dangwam, Jos
Conference of Autochthonous Ethnic Nationalities Community Development Association (CONAECDA) has called on the federal government to intensify efforts in the resettlement of displaced persons in their ancestral homes.
The organization made this call at the end of its conference held in Jos, the Plateau State Capital weekend.
Thirty resolutions were passed covering security, economy, politics, governance, culture, languages, human rights and indigenous peoples’ rights among others.
The Conference President, Samuel Achie and Secretary Suleman Sukukum in a communique noted that the conference received and discussed reports from communities based on which resolutions were reached on securing, reconstruction, rehabilitation and returning communities displaced by violence across the Middle Belt.
“After considering the reports from communities displaced by violent conflicts, conference resolved, and called on government to focus on providing security to deter further displacements.
“Call on government to provide security to enable communities to return. Government and donor partners should assist in reconstructing and returning displaced communities,” the communique stated.
The GOC 3 Armoured Division Nigeria Army represented by Lt Col Abdullahi Mohammed said the Nigerian Army is committed to working closely with communities to achieve a crime-free society, urging communities to support them with credible information.
“Security is a collective effort, and we cannot do it alone, the community plays a crucial role in ensuring safety.
“We urge everyone here not to shield or protect individuals involved in criminal activities. Transparency and collaboration, together, with maximum cooperation, we can achieve peace, security, and prosperity for our society,” the GOC stated.
The National Coordinator of CONECDA, Dr. Zuwaghu Bonat in his address at the gathering noted that the theme of this year’s program, Returning, Resettling, and Rehabilitating Displaced Communities, was chosen as a wakeup call on the federal government.
He maintained that the organization is aware that President Bola Tinubu has expressed a commitment to ensuring that displaced communities return to their ancestral lands.
He said similarly, some state governments, including Plateau State, have set up committees to address the lingering matter.
The coordinator however cautioned, “It is critical that we avoid generalizations or profiling. For instance, Not all Muslims are involved in terrorism. The overwhelming majority of Muslims in Nigeria are peaceful and reject extremist ideologies.
“We also know that some terrorists exploit religion to mobilize support or rationalize their actions. However, their atrocities – slaughtering women, cutting open pregnant mothers, and killing children show a profound disregard for humanity and God. Normal human beings would not commit such acts.
“We must also be cautious about lumping banditry with terrorism. While statistics indicate that many bandits and kidnappers may share similar ethnic backgrounds, kidnapping has now evolved into a profit-driven enterprise. This distinction is vital to address the root causes effectively,” he stated.
The Governor of Plateau State, Caleb Mutfwang represented by his Senior Special Assistant (SSA) on Middle Belt Nationalities, Hon Daniel Kwada noted that the conference was apt to addressed the various underlying issues bedeviling the region and its people.
“We in the Middle Belt have long been standing at the crossroads of Nigeria’s complex history. Despite our tireless efforts to stabilize this nation, we have faced immense challenges, including underdevelopment, security issues, and marginalization.
“Often, we are unfairly maligned, but gatherings like this offer a chance to change the narrative.
“Such conferences set the tone for better discussions. They allow us to drive processes that bring development, ensure security, and elevate our people to greater heights,” Mutfwang noted.
Securities and Exchange Commission (SEC) has called on banks to reinforce their corporate governance principles and risk management frameworks to boost investor confidence during the ongoing recapitalisation exercise.
Dr Emomotimi Agama, Director-General, SEC, said this at the yearly workshop of the Capital Market Correspondents Association of Nigeria (CAMCAN) held in Lagos.
The theme of the workshop is: “Recapitalisation: Bridging the Gap between Investors and Issuers in the Nigerian Capital Market”.
Agama, represented by the Divisional Head of Legal and Enforcement at the SEC, Mr John Achile, stated that the 2024–2026 banking sector recapitalisation framework offers clear guidance for issuers while prioritising the protection of investors’ interests
He restated the commission’s commitment towards ensuring transparency and efficiency in the recapitalisation process.
The director-general stated that the key to bridging the gap between issuers and investors remained the harnessing of innovation for inclusive growth.
In view of this, Agama said, “SEC, through the aid of digital platform, is exploring the integration of blockchain technology for secure and transparent transaction processing to redefine trust in the market.”
He added that the oversubscription of most recapitalisation offers in 2024 reflects strong investor confidence.
To sustain this momentum, the director-general said that SEC had intensified efforts to enhance disclosure standards and corporate governance practices.
According to him, expanding financial literacy campaigns and collaborating with fintech companies to provide low-entry investment options will democratise access to the capital market.
He assured stakeholders of the commission’s steadfastness in achieving its mission of creating an enabling environment for seamless and transparent capital formation.
“Our efforts are anchored on providing issuers with clear guidelines and maintaining open lines of communication with all market stakeholders, reducing bureaucratic bottlenecks through digitalisation.
“We also ensure timely review and approval of applications, and enhancing regulatory oversight to protect investors while promoting market integrity,” he added.
Agama listed constraints to the exercise to include: addressing market volatility, systemic risks, limited retail participation as well as combating skepticism among investors who demand greater transparency and accountability.
He said: “We are equally presented with opportunities which include leveraging technology to deepen financial inclusion and enhance market liquidity.
“It also involves developing innovative financial products, such as green bonds and sukuk, to attract diverse investor segments.
“The success of recapitalisation efforts depends on collaboration among regulators, issuers, and investors.”
Speaking on market infrastructure at the panel session, Achile said SEC provides oversight to every operations in the market, ranging from technology innovations to market.
He stated that the commission is committed to transparency and being mindful of the benefits and risks associated with technology adoption.
Achile noted that SEC does due diligence to all the innovative ideas that comes into the market to ensure adequate compliance with the requirements.
On the rising unclaimed dividend figure, Achile blamed the inability of investors to comply with regulatory requirements and information gap.
He noted that SEC had done everything within its powers to ensure that investors receive their dividend at the appropriate time.
He, however, assured that the commission would continue to strengthen its dual role of market regulation and investor protection to boost confidence in the market.
In her welcome address, the Chairman of CAMCAN, Mrs Chinyere Joel-Nwokeoma, said banks’ recapitalisation is not just a regulatory requirement, but an opportunity to rebuild trust, strengthen the capital market, and drive sustainable growth.
Joel-Nwokeoma stated that the recent recapitalisation in the banking sector had brought to the fore the need for a more robust and inclusive capital market.
She added that as banks seek to strengthen their balance sheets and improve their capital adequacy ratios, it is imperative to create an environment that fosters trust, transparency, and cooperation between investors and issuers.
The chairman called for collaboration to bridge the gap between investors and issuers to create a more inclusive and vibrant Nigerian capital market.She said: “we must work together to strengthen corporate governance and risk management practices in banks, enhance disclosure and transparency requirements for issuers.” NAN
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