COVER
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.
COVER
BOI Restates Commitment to Local Manufacturing, Job Creation
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Managing Director of the Bank of Industry (BOI), Mr Olasupo Olusi has reaffirmed the bank’s commitment to supporting local manufacturing in Nigeria.Olusi said this when he visited the GU Ebeco facility and inspected ongoing projects at the Nisa Medical and Zeberced Group at the Idu Industrial Layout, Abuja yesterday.
He expressed delight at the progress made so far at the various facilities while commending the chief executives of the organisations, urging them to do more. During the visit to the GU Ebeco, the BOI boss emphasised the importance of job creation and the need for their products to proudly bear the “Made in Nigeria” label.Olusi praised GU Ebeco’s progress over the past seven years, applauding its expansion into a national enterprise with over 1,500 employees and several facilities across the country.“I am very happy with the fact that BOI has supported this enterprise for the last seven years. It is wonderful to see that it has grown.“It employs 1,500 staff, and operates a national distribution system. We are proud of the significant role GU Ebeco is playing in the Nigerian manufacturing landscape,” he said.The BOI boss also commended the loan repayment performance of the company saying it had taken multiple facilities from the BOI. He encouraged other young entrepreneurs to stay focused, while assuring them of BOI’s commitment to supporting them and Nigeria’s industrialisation efforts.Responding Mr Ebere Uzozie, Managing Director of GU Ebeco, expressed his appreciation for the continued support from the BOI.“We are grateful for the Bank of Industry’s backing. Their loans have helped us expand and create lasting change. We now have 34 facilities, and we are debt-free.” We are optimistic the visit will mark a new chapter for the company, and will ensure further growth and partnerships that will contribute to Nigeria’s industrial future,” Uzozie said.at the Zeberced Group, its Managing Director, Mr Aydin Kurt, said that Nigeria had lots of potential and could be the future of the world.While acknowledging the country’s potential in industrialisation, he emphasised the importance of producing locally in Nigeria rather than relying on imports.Kurt also appealed for more collaboration with the BOI to promote industrialisation, create jobs and help grow the economy.“I cannot do it alone. we have to come together and create a synergy to attract different investors to come and also invest in this country.“This is our vision we have a lot to share with you, and thank you once again for visiting our corporations,” he said.Responding, the BOI managing director said that the bank was keen on infrastructure and committed to supporting industrious infrastructure.“This project is very important to us and a critical objective for the county and, in that spirit, we have decided that we will continue to support the proliferation of industrial parts across the nation.Why yours is so unique is because it has a plan for Micro Small and Medium Enterprises (MSMEs) which is very important.“We have a mandate to support that particular segment of our economy because they are the ones that champion job creation and most of the growth of the economy is attributed to them,” Olusi said.The BOI boss thanked Zeberced Group for the opportunity while commending the groups’ vision, energy and optimism to carry the project forward.“We look forward to our partnership. Like I said, we all want to be parts and parcel of this project, we have already given you some money to implement it, and we will see how we can do more.“As you expand we will support, but you have to also show us the job creation numbers, and make sure your goods are branded made in Nigeria,” he said.The News Agency of Nigeria reports that GU Ebeco is a furniture company while Zeberced is a construction company. NANCOVER
FRSC Unveils App to Mitigate Road Crashes Impact
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By Tony Obiechina, Abuja
Federal Road Safety Corps (FRSC) has unveiled an app to boost efficiency and mitigate the impact of road accidents in the country.Speaking at the event yesterday in Abuja, the Secretary to the Government of the Federation (SGF), George Akume explained that the app was designed to digitalize FRSC operations for effective traffic management.
The SGF who described the current rate of accidents as a great concern to the present administration, urged the FRSC management to involve stakeholders in the implementation of the app to monitor motorists and curb the excesses of FRSC officers and personnel. The Chairman, House Committee on Road Safety, Abiodun Adeshida said the National Assembly was ready to review the 2007 Federal Road Safety Corps Act for more efficient service delivery.The Kenyan Ambassador to Nigeria, Isaac Parashina said African countries have a lot to learn from the FRSC’s experience in addressing the high rate of road crashes across the continent.According to the him, Africans must come together and provide homegrown solutions to address road safety challenges.In his welcome remarks, the Corps Marshal FRSC, Shehu Mohammed stated that the innovation was part of efforts to align with the Renewed Hope Agenda of President Bola Tinubu’s administration on the use of the new technology to strengthen the commitment of road users and enhancing road safety operations.Mohammed said the corps would embark on aggressive sensitization in all motor parks and town hall meetings for stakeholders to key into the new technology.The Director-General of the Federal Radio Corporation of Nigeria (FRCN), Dr. Mohammed Bulama expressed confidence that the new technology would bring sanity to Nigerian roads.Dr Bulama commended FRSC management for the new operational initiative and pledged FRCN’s continued support to every program to reduce death and enhance economic activities in the country.The Acting President, National Union of Road Transport Workers (NURTW), Isa Ore said leaders in the transport sector would contribute to the success of the application in saving lives on the highway.Other stakeholders in the transport sector promised to support FRSC in enforcing traffic laws and protect lives and property on Nigerian roads.COVER
Lokpobiri Meets Shettima, Denies Involvement in Petrol Price Hike
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By David Torough, Abuja
Minister of State (Oil) Petroleum Resources Heineken Lokpobiri yesterday denied that the Federal Government is responsible for the Tuesday increase in the price of petrol, saying it is a function of deregulation.The latest hike in the price of petrol has pushed up transport fares by over 50 percent in major cities across Nigeria.
The increase implemented by the Nigerian National Petroleum Company (NNPCL) Retail Management ranges from N855 to N897 per litre, depending on the location from the previous N568-N617. Independent marketers have adjusted their prices to between N930 and N1,200 per litre of petrol.The minister denied FG’s involvement while addressing State House correspondents after a meeting with Vice President Kashim Shettima in Abuja.Shettima had summoned Lokpobiri along with the Group Managing Director of Nigerian National Petroleum Company Limited (NNPCL) Mele Kyari and the National Security Adviser Malam Nuhu Ribadu over the recent hike in the price of petrol.Lokpobiri said, “This sector is deregulated. And we believe that with the availability of products, the price will find its level.“What is important is that the product is available in the country. Between now and weekend, there will be availability of the product across the length and breadth of the country.“We believe that by the time there is availability of the product across the country, the price itself will stabilise.”Mr Ogbugo Ukoha, Executive Director, Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) said regulatory efforts were geared toward stabilising supply of petrol in the country, which he said would impact positively on stability of price.Okuoha said, “The objective of the regulator is to ensure that there’s increased operating hours from all loading depots; vessels are being cleared promptly and extended hours where safety can permit truck outs as well.“More importantly also is the reinforcement of the support being given to local refinancing, because with increased production there will be higher supply, which will stabilise the price.”Despite making its product available, the Federal Government has not started lifting petrol from the Dangote Refinery.Yesterday, Dangote Group refuted the claim in the media that NNPCL is currently lifting petrol from its refinery and selling at N897 per litre.A statement signed by the Group Chief Branding and Communications Officer, Dangote Group, Anthony Chiejina said the company has not yet finalised any contract with NNPCL.The statement entitled, “NNPC yet to lift our petrol” reads, “Our attention has been drawn to a headline “NNPC lifts Dangote Petrol, sells at N897 per litre” published in the BusinessDay Newspapers of Wednesday, 4 September 2024.“We would like to state that NNPCL has not commenced lifting of refined Premium Motor Spirit (PMS), commonly known as petrol, from our Dangote Petroleum Refinery.“Therefore, the issue of fixing the price of petrol lifted from our refinery does not arise, as we are yet to finalize our contract with NNPCL.“The PMS market is strictly regulated, which is known to all oil marketers and stakeholders in the sector, hence we cannot determine, fix, or influence the product price, which falls under the purview of relevant government authorities.“We urge the public to disregard the headline as it is misleading and does not represent the true position in this matter.“We are guaranteeing Nigerians of exceptionally high quality petroleum products that will be readily available all over the country.”