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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

NSA Threatens Lawsuit over Election Rigging Allegation, Demands Apology

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The National Security Adviser (NSA), Malam Nuhu Ribadu, has demanded a retraction of election rigging allegation made against him by the chairperson of Edo chapter of the Peoples Democratic Party (PDP), Anthony Aziegbemi.

Aziegbemi had in a statement on Sept. 14, accused the Federal Government of planning to rig the upcoming Edo Governorship Election, using Ribadu and the Department of State Service (DSS).

He claimed that Ribadu had released 2 million U.

S Dollars to the APC governorship candidate in the election as part of the plot.

In reaction to the allegation, Ribadu’s lawyers, Charles Musa & Co, described the allegation as “totally false” and demanded immediate retraction.

“We write on behalf of Mallam Nuhu Ribadu, National Security Adviser (NSA) of the Federal Republic of Nigeria (our Client), in response to your press statement titled “Edo 2024: presidency’s move to interfere, manipulate guber poll using DSS, NSA uncovered.”

“The publication falsely alleges, inter alia, that, “$2 million was ordered to be released to the APC candidate by the NSA to buy votes and bribe security agencies,” the letter said.

The lawyers said the malicious and libelous statement had brought their client into public disdain and odium.

According to them, the portrayal of their client as a corruption enabler and his office as an appendage of a political party willing to cause chaos in Edo, is entirely false and damaging to his reputation.

“As a renowned career police officer and pioneer Executive Chairman of the Economic and Financial Crimes Commission (EFCC), our Client has consistently demonstrated integrity and a commitment to fighting corruption.

“It is inconceivable that he would be involved in such odious acts.

“Given the extensive damage your false and baseless allegations have caused our client, we demand a written apology to our Client  and a full retraction of the publication in its entirety.

“We also demand a publication of the retraction in a full-page advertorial in at least five nationwide newspapers; 10 reputable and well-read online news sites; seven national and international television stations, and 10 radio channels with national and international reach,” they said.

The lawyers also demanded payment of N10 billion as damages for reputational and other injuries.

“Take notice that if our demands are not met within seven days, we shall proceed with our Client’s further instructions, including taking legal action to enforce his rights,” they added. (NAN)

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POLITICS

Ododo Drums Support for Edo APC Governorship Candidate

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From Joseph Amedu, Lokoja

Kogi State Governor, Ahmed Usman Ododo has described the governorship candidate of the All Progressives Congress (APC) in the September 21 governorship election in Edo State as a true representation of the aspirations of the people of the state, promising to use his contacts and cultural ties with the people of Edo State to ensure the victory of the party and its candidate in the Edo governorship election.

Ododo made the declaration at the APC youth rally in Igarra, headquarters of Akoko-Edo Local Government Area at the weekend.

The Kogi State Governor who was received by the Deputy Governor of Edo State, Comrade Phillip Shaibu promised to galvanize support among the large population of youth and women in the area for the victory of the APC candidate in the September 21 governorship election.

He appealed to the people of Akoko-Edo to shun all acts of violence but to resist intimidation by defending their votes for the APC in the election.

He assured the people that the APC Governorship candidate, Senator Monday Okpebholo will replicate the outstanding performance of the past APC leadership in the state led by former Governor Adams Oshiomhole, stressing that the APC and its governorship candidate will deliver on their campaign promises by according topmost priority to the welfare of the people as currently being exemplified in Kogi State under his leadership.

Ododo who spoke in English and Ebira languages commended the people of Akoko-Edo for their peaceful conduct in the course of the campaign and assured that their support will be rewarded by the APC and its governorship candidate once the party emerges victorious in the September 21 governorship election.

Ododo has since arrived in Benin City, the Edo state capital ahead of the grand finale of the APC governorship campaign rally on Saturday where he is expected to address the rally along with other leaders of the party in the final push for the party’s victory in the Edo state governorship election.

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POLITICS

Niger Governor Mourns Loss of Munya Constituency Lawmaker

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From Dan Amasingha, Minna

Niger state governor, Mohammed Umaru Bago has expressed profound sadness over the death of Joseph Haruna Duza, the member representing Munya State Constituency and Chairman of the House Committee on Security and Intelligence.

In a condolence message statement  by his Chief Press Secretary, Bologi Ibrahim, Governor Bago described the passing of the lawmaker as both shocking and a significant loss, not only to the people of Munya but to the entire state.

Bago highlighted Duza’s invaluable contributions and active role in combating insecurity within the state, as well as his unwavering dedication to its growth and development.

The Governor emphasised that only God can fill the void left by Duza’s demise.

Bago extended his heartfelt condolences to the Speaker of the Niger State House of Assembly, Barr. AbdulMalik Sarkin Daji, other members of the 10th State Assembly, the immediate and extended family of the deceased, and the people of Munya Local Government.

He urged them to accept Duza’s death as an act of God.

Bago prayed for the repose of Duza’s soul and for comfort for all those affected by this loss.

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