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Abia North: Disqualify Orji Kalu for Admitting Fraud Conviction – Nnamdi Tells Court

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By Mathew Dadiya

The Labour Party Senatorial Candidate for Abia North in the 2023 election, Nnamdi Iro Orji has prayed the Appeal Court to disqualify Senator Orji Uzor Kalu having admitted before the Federal High Court that he was convicted of fraud.

In the appeal lodged by his lead counsel, Bert C.

Iqwilo, SAN, from the chamber of Anaga Kalu Anaga & Associates against Orji Kalu, a copy of which was obtained by this paper, Nnamdi Iro Orji premised his appeal on three grounds wherein he prayed the Appellate court to resolve them in his favour.

He argued that Orji Uzor Kalu’s admission before the Federal High Court sitting in Abuja that he should not be retried since he had been convicted of corruption was enough ground for his disqualification.

He also added that the election was not conducted based on the Electoral Act 2022 and non-conduct of elections in some polling units.

In his pleading, he further argued that the Tribunal was wrong to have permitted Kalu to approbate and reprobate on the issue of his conviction and subsisting sentence.

The appellant stated that Section 66 (1) (d) of the 1999 Constitution (as amended) provides that; 66(1): No person shall be qualified for election to the Senate or the House of Representatives if:… (b)… (c) …Within a period of less than ten years before the date of an election to a legislative house, Kalu having been convicted for an offence involving dishonesty “was found guilty of a contravention of the code of conduct.”

The appellants held that Kalu was at the time of the election not qualified to contest the election.

According to him, Kalu’s conviction by the Federal High Court “for the offence of fraud (which is an offence that involves dishonesty) on the 5th day of December, 2019, at the conclusion of the trial of the 1st Respondent in Charge No. FHC/ABJ/CR/56/07, Federal Republic of Nigeria v. Orji Uzor Kalu & 2 ors” was “less than ten (10) years from the date of conviction.

“It was admitted on his behalf that he had earlier been convicted for the offence of fraud by the Federal High Court,” in that suit.

“The Federal High Court in the said Suit No.: FHC/ABJ/CS/73/2021 upheld the argument” of Kalu “that he had been convicted on the 5th day of December, 2019 in the said Charge No. FHC/ABJ/CR/56/07 and therefore, prohibited any fresh arraignment in respect of the same offence in Charge No. FHC/ABJ/CR/56/07,” he added.

He stressed that Kaku did not appeal the said judgment, rather, “it was one of his co-accused, a certain Jones Udeogu who appealed the conviction to the Supreme Court, whereat, the said Jones Udeogu secured a decision for the conviction to be set aside.”

It’s his contention that the effect of the decision in Ude Jones Udeogu V. Federal Republic of Nigeria – (2022) 3 NWLR (Part 1816) 41, in relation to Kalu, that the Judgment was expressly made to apply specifically to the Appellant, Jones Udeogu; the Judgment specifically ordered that Jones Udeogu should be tried afresh before a different judge and that the Judgment and Orders of the Supreme Court made no mention of Kalu.

He submitted that Kalu for all intents and purposes “remained a convict as at the time of the election” based on the decision of the apex court.

The appellants further argued that the tribunal erred to have ignored available evidence that “the Election was invalid by reason of corrupt practices or non-compliance with the provisions of the Electoral Act, 2022,” despite sufficient proof.

In the pleading of the appellants, the “election was not conducted in some wards and polling units,” noting in his averment that the conduct of an election rests under the Electoral Act, 2022, which include the report of accreditation with the BVAS machine as retrieved from the BVAS machines and the Voters’ Register. 

“Without the record of accreditation by BVAS and the Voters Register there is no election. These are basic provisions of the Electoral Act, 2022 and the Regulations made by INEC,” he stated.

He urged the appellate court to resolve the issue in his favour.

The Independent National Electoral Commission, INEC, had announced Kalu the winner of the election with

30,805 votes with Nnamdi Iroh announced to have secured 27,540 votes in February 25, 2023 general elections.

POLITICS

APC Begins Campaign for LG Polls in A’Ibom

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The All Progressives Congress (APC) in Akwa Ibom, has announced plans to kickstart its campaigns for the Oct. 5 governorship election in the state.

Sen. Ita Enang, the Chairman, APC Campaign and Election Planning Committee in the state, disclosed this at a press conference in Uyo on Tuesday.

He said that the rally to kickstart the party’s campaign for the election would hold on Sept 18, at the Ikot Ekpene Township Stadium.

Enang expressed confidence that APC would win all the chairmanship and councilorship positions in the state.

He expressed hopes that the state Independent Electoral Commission would provide a level play field to all political parties.

 “On Sept. 18, the APC in Akwa Ibom will formally begin local government elections campaigns at the Township Stadium, Ikot Ekpene.

“The president has taken the bold step to approve autonomy for local governments in the country, so we shall participate in the poll.

“We are confident that we are going to contest, we are also going to win the elections in all the 31 local government areas.

“We have the number to win. We want to display our majority, our strength, and our capacity in the local government elections,” he said.

Enang said that an APC-controlled third tier government in Akwa Ibom would deliver the dividends of democracy to the people.

“I am sure that the people are not satisfied with the performance of the local government councils in the state, we shall make the difference,” he said.(NAN)

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POLITICS

Benue Speaker Identifies With Kogi Counterpart on Chieftaincy Title

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From Attah Ede, Makurdi

Speaker, Benue State House of Assembly, Aondona Dajoh has identified with his Kogi State counterpart, Alhaji Aliyu Umar Yusuf on the conferment of chieftaincy title as the “Badakoshi of Lokoja” by the Lokoja Area Traditional Council of Kogi State.

Dajoh who is also “Atonko u Mbatiav” spoke at the palace of Maigari of Lokoja, Kogi State.

The speaker acknowledged the dexterity of Yusuf in leading the Kogi State House of Assembly successfully without chaos and for maintaining cordial relationship with other members of the house and for ensuring smooth working relationship with the Executive arm of government which had brought good tides to Kogi State.

He added that the honour done to the speaker by the traditional rulers was a true reflection of the uncommon visionary leadership disposition of Alhaji Yusuf, stressing that the people made no mistake in electing Yusuf into the Kogi State Assembly.

Dajoh who is also the Vice Chairman North Central Conference of Speakers of State Legislatures of Nigeria, maintained that Lokoja people have added another responsibility to the member, stressing that “this, further would spur him to do more for his people”.

According to him, all the speakers of the 36 States of the federation have decided to come and celebrate with one of their own as a mark of honour for Kogi State in particular.

Dajoh further stated that the Lokoja traditional council took a wise decision by honouring the speaker and promised that the entire speakers in the federation would always support their son to succeed in office.

He charged the new Badakoshi of Lokoja to always encourage members of his state assembly to initiate bills and embark on oversight functions that have direct bearing on the generality of Lokoja people and Kogi State at large.

The Senior Special Assistant on Media to the Speaker of the Benue State House of Assembly, in a statement in Makurdi said, Speaker of the Oyo State House of Assembly who is also the Chairman, Conference of Speakers of State Legislatures of Nigeria, Adebo Edward Ogundoyin attended the event.

He further stated that Dajoh was accompanied to the occasion by Saater Tiseer, Majority Leader, Peter Ipusu, Majority Chief Whip and Michael Audu, Minority Leader.

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POLITICS

APGA Leadership Tussle: INEC Asked to Wash off Hand from Njoku Destructive Plans

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From Mike Tayese, Yenagoa

The Independent National Electoral Commission (INEC) has been asked to wash off its hand from the alleged destructive plans of Edozie Njoku who has determined to assert himself in power as the National Chairman of All Progressive Grand Alliance (APGA) by disobeying court orders that have removed him from office.

INEC was also asked to act fast in order to preserve the integrity of Nigeria’s democracy by removing the name of Chief Edozie Njoku from its records and formally reinstating Sly Ezeokenwa as the authentic APGA National Chairman.

Addressing a Press Conference in Yenagoa, the Executive Director, The Inspired Leadership Doutimiye Dan Pipa said the time to act is now if Nigeria democracy must be protected from those who seek to undermine it for personal gain.

Inspired Leadership Group is a Civil Society Organization deeply committed to the promotion of justice, good governance, and the rule of law in the country. “We are a group that believes in the power of leadership rooted in integrity, transparency, and service to the people. Our guiding principle is simple: leadership should inspire, not divide; it should uplift, not suppress; it should build, not destroy”.

According to him, “let it be categorically stated that, after an exhaustive study of all relevant judgments passed by the courts on this matter, there is no single court ruling that pronounced Edozie Njoku as neither the National Chairman of APGA, nor any that directed the Independent National Electoral Commission (INEC) to recognize him as such”.

“In fact, a recent Supreme Court judgment clarification, clearly obtained by the Inspired Leadership Group, stated unequivocally that at no point did its judgment pronounce Edozie Njoku as the APGA National Chairman. It also affirmed that the INEC Chairman, Prof. Mahmood Yakubu, did not disobey any court judgment by refusing to recognize Edozie Njoku as APGA National Chairman”.

“The time has come for INEC to revert to their earlier recognition of Barr. Sly Ezeokenwa as the authentic National Chairman of APGA. By doing so, INEC will not only uphold justice but also safeguard the internal democracy of our political parties, which is essential for the health of our national democracy.

“At the core of our mission is the protection of democratic values, ensuring that our institutions, particularly political parties, uphold the tenets of fairness, inclusivity, and accountability. We stand as a voice for those who cannot speak for themselves, and as advocates for the preservation of internal democracy within political parties, which forms the bedrock of national democracy,” he said.

Speaking further said, despite the clear clarification and declaration from the apex court, free of any ambiguity, INEC continues to recognize Edozie Njoku, whose so-called Owerri Convention was not monitored by INEC, neither was it conducted by the then APGA National Chairman, nor endorsed by the then APGA National Leader, Dr. Willie Obiano, or attended by the then APGA NEC, BOT, or any other party organ, and INEC never had any reports on such an unknown convention.

Saying this bizarre situation raises concerns that INEC may be acting under pressure from anti-democratic forces. “We therefore warn INEC not to behave in a manner that suggests compromise. It is crucial that they prove the naysayers wrong by recognizing Sly Ezeokenwa as leader of APGA, a decision they had previously upheld until certain anti-democratic elements took the center stage”.

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