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Enugu Guber: Tribunal Verdict Grossly Violates Constitution- Expert

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By David Torough, Abuja


A renowned legal practitioner and constitutional expert,   Chukwudi Ezike, has stated that the judgment of the Enugu State Governorship Election Petitions Tribunal, which affirmed Peter Mbah as the duly elected governor, was made in total disregard of the constitution and precedents set by the Supreme Court.


He described  the judgment delivered on September 21as travesty of justice and gross abuse of the Constitution.

In a critical analysis  of the Tribunal’s verdict, Ezike submitted that ” a situation where the court decided in favour of someone, who is in clear violation of the letters of section Section 182 (1)(j) of the Constitution, is shockingly strange and below the table of justice”.

He cited  several Supreme Court decisions  to buttress his arguments.
In a statement in Abuja, made available to DAILY  ASSET, the legal luminary  said it was  equally wrong for the court to have held that a petitioner had to produce a certificate he did not make and equally faulted the tribunal for describing evidence of witnesses subpoenaed by the courts as incompetent, because the witness statements were not filed at the time the petition was first submitted to the court.
A three-member panel of judges headed by Justice Kudirat Akano, had on September 21, dismissed all the grounds of the petition filed by the Labour Party gubernatorial candidate in the state, Hon. Chijioke Edeoga, against the declaration of Mbah of the Peoples Democratic Party (PDP), as winner by the Independent National Electoral Commission (INEC) in the March 25, governorship election.
According to  Ezike, a Barrister -at- Law,  “in the case of Agi vs PDP, the Supreme Court had defined forgery as bringing or presenting or attaching or submitting a document not made by the agency, which is purported to have made such a document.
“In proof of this leg of the petition, Hon. Edeoga and the LP, petitioners at the Tribunal, called five witnesses, which included a Director from the National Youth Service Corps (NYSC) in-charge of Corps Certification and a Managing Partner of a law firm, who applied to the NYSC under the Freedom of Information Act, to verify the authenticity of the NYSC certificate, which Peter Mbah, the governorship candidate of the PDP presented to INEC.
“The Tribunal at page 103 of the judgment summarised the evidences of the five witnesses of the petitioners thus:  “The testimony of the petitioners witnesses who testified in support of this ground that is PW1 (the NYSC Director, Corps Certification), PW2 (Mrs. Mary Nneoma Elijah, the lawyer who wrote to the NYSC to verify the alleged certificate), PW3, Pw4, Pw26 and Pw30, to the effect that the 2nd respondent’s (Mbah’s) NYSC Certificate No A808297, is forged, as same was not issued to him by the issuing authority, that is NYSC, on the ground that he did not complete the mandatory one year programme.
“The finding of the Tribunal that the said forged certificate was not submitted in aid of the qualification of Mr. Mbah to contest election, is not what the law and the Supreme Court say.
“The other leg of the judgmet that NYSC certificate is not a requirement to contest governorship election or that both the forged and the original document must be presented before the court, is pure travesty of justice.
“The court was also wrong to hold that the said NYSC certificate having not been referred to in the  Form EC9, affidavit of personal particulars, is therefore, a merely attached document and shall be of no consequence to the qualification of the 2nd respondent, is a wrong legal finding”, he said.
Ezike  also said that “Section 177 of the constitution provides the qualification for the contest of the governorship election in Nigeria.
“Anybody who is qualified under section 177 can be disqualified under section 182(1) if as stated in subsection (j), presented a forged certificate to the INEC.
“Simplified, section 182 says that presentation of forged certificate by any candidate of any political party for the purpose of contest of governorship election in Nigeria will be disqualified, not withstanding that the person is qualified under section 177 of the constitution”, Ezike explained.
He said that a candidate who approached the court under such a ground could not be deemed to be pursuing a pre-election issue for two reasons that only candidates, not aspirants, contest elections and so, they would only have issues to contest when they submit to INEC a forged certificate for an electoral contest.
“The Supreme Court in the case of Ucha v. Onwe (2011), ALL FWLR (PT 580) 1227 @ 1295; (2011) 4 NWLR (PT 1237) 386 @ 427, which is similar to the Edeoga vs Mbah case,  upheld the provision of Section 66(1) (h) of the 1999 Constitution as a disqualifying factor, and it says it all.
“Sub-paragraph (h) did not classify the type of forged certificate that can disqualify a candidate.
“The Tribunal therefore, cannot be right in its finding that the NYSC Certificate is not envisaged in Section 66(1)(h) of the 1999 Constitution.
“Counsel and the Courts, as the Apex Court (Nnaemeka-Agu, JSC) admonished in Ojibah v. Ojibah (1991) 6 S.C. 182; (1991) 6 SCNJ 156, (1991) LPELR- SC. 128/1988, should avoid the temptation of relying on ‘the established legal jingles and catch-phrases’, without fully asking how well they fit into the particular facts of their cases”.
He added that the facts of the case of Oke V. Mimiko heavily relied upon  by the Tribunal to arrive at its decision that evidence of subpoenaed witness must accompany the petition is distinguishable with the facts of the case under review and cannot stand on appeal.
The seasoned  Lawyer said the next leg of the case,  which is that the result of the election in 20  polling units in Igbo-Eze North and Udenu Local Government Arears alleged to be wrongly computed in favour of the PDP and against the LP, the court should have analysed the figures entered in Forms EC8A and EC8B and calculations presented, rather than dismiss the testimony of Ward Collation Agents as not being fit to testify on the polling unit result because the witness did not sign polling unit results.
“The decision of the Tribunal rejecting the evidence of the rest of  the witnesses called to prove the miscalculation of results in the rest of the polling units and the document tendered through them is a violation of Section 60 of the Electoral Act   and paragraph 50 of the INEC Regulation and Guideline for the conduct of election issued in 2022. 
“The introduction of BVAS in our electoral system, section 137 of the Electoral Act 2022, came to cure the requirement of oral evidence in proof of infraction of the Electoral Act, such as over voting and the rest.
“Also, Order 3 Rule 3 (1) of the Civil Procedure Rules of the Federal High Court and Paragraph 4 (5) of the 1st Schedule to the Evidence Act are in all fours to serve the same purpose,” he stated.





Tribunal Judgment sets up NYSC for destruction

The constitutional lawyer also raised the alarm that the Tribunal verdict,  has set up the NYSC  for public ridicule and possible destruction.
” A situation people who forge NYSC Certificate are allowed to go scot free negates the very essence of NYSC as it undermines the integrity of the Federal Agency” he stated.
He wondered why there would be no sanction for a clear case of forgery with documentary evidence as proof.
He referred to Arise News  Television appearance of the Director  General, Brigadier General  Yusha’u Dogara Ahmed, who clearly disowned  Mbah’s NYSC Certificate as further evidence that the certificate in Mbah’s possession was forged.
“They came to us for verification and we told them this certificate is not from us. I was very clear and frank to him that this certificate is not from us,” he said in the Arise TV interview, a clip of which DAILY ASSET accessed from YouTube

 
Ezike said he was hopeful that based on the serious  legal deficits of the Tribunal verdict, it would not stand  the test of time.

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Yahaya Bello to Spend Christmas, New Year in Kuje Prison

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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.

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Middle Belt Group Tasks FG on Resettlement, Safety of IDPs

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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.

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Recapitalisation: SEC Charges Banks to Strengthen Corporate Governance

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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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