COVER
Enugu Guber: Tribunal Verdict Grossly Violates Constitution- Expert
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.
By Tony Obiechina, Abuja
The Federal Government has reaffirmed its commitment to strengthening Nigeria’s bilateral relations with Germany, with renewed focus on economic cooperation, investment promotion, energy partnerships, and the effective implementation of existing agreements.
Minister of Budget and Economic Planning, Senator Abubakar Atiku Bagudu, made this statement during a visit to the Ministry in Abuja on Monday by the Ambassador of the Federal Republic of Germany to Nigeria, Stefan Rössel.
The minister welcomed the ambassador and his delegation, expressing Nigeria’s appreciation for Germany’s longstanding partnership and support for the country’s economic reform programme, particularly in the early stages of implementation.
He recalled that when German Chancellor Olaf Scholz visited Nigeria, the Federal Government was pursuing significant economic reforms that required support from international partners, including Germany, the World Bank, the International Monetary Fund and the European Union.
The minister said Germany’s support has contributed to Nigeria’s progress in its reform efforts, adding that the country remains grateful for the cooperation and assistance it has received from its development partners.
He also acknowledged Germany’s role in facilitating high-level engagements between the two countries, particularly in trade, investment and energy cooperation, noting that discussions during the Nigerian President’s visit to Germany advanced talks on key energy agreements.
Senator Bagudu further commended Germany’s commitment to multilateral cooperation and international engagement, emphasising the importance of sustained partnerships to address evolving global economic and political challenges.
He noted that Nigeria and Germany had built a strong foundation for bilateral cooperation over the years, with significant opportunities to expand their partnership in areas that support economic growth and development.
The minister disclosed that discussions had covered cooperation involving €25 million and €300 million in export credit guarantees, identifying these as important areas for continued engagement as Nigeria seeks to expand investment opportunities and strengthen its capacity to utilise available resources effectively.
According to him, Nigeria’s reform efforts have created an opportunity to place greater emphasis on attracting investment, strengthening productive capacity, and translating international partnerships into tangible economic outcomes.
He assured the German ambassador that the ministry was prepared to work closely with the German government and its relevant institutions to deepen bilateral relations and broaden areas of mutual interest.
Earlier, Ambassador Rössel expressed appreciation for the warm reception he received, describing the relationship between Nigeria and Germany as strong and longstanding.
The ambassador, who arrived in Nigeria a few weeks ago, reaffirmed Germany’s commitment to building on the partnership’s achievements and to exploring opportunities for further cooperation.
He acknowledged that both countries were operating in an increasingly complex global environment characterised by evolving strategic, political and economic challenges.
Despite these circumstances, Ambassador Rössel expressed confidence that the longstanding relationship between Nigeria and Germany would provide a solid foundation for addressing emerging issues and sustaining mutually beneficial cooperation in the years ahead.
He also welcomed the ministry’s readiness to continue working with Germany, noting the importance of maintaining established partnerships while adapting to evolving circumstances.
In her remarks, the Minister of State for Budget and Economic Planning, Dr Doris Uzoka-Anite, congratulated Ambassador Rössel on his appointment, welcomed him to Nigeria, and expressed the ministry’s readiness to collaborate with him and with relevant German agencies.
She emphasised the importance of translating bilateral agreements and shared commitments into practical outcomes, noting that effective implementation remained critical to achieving the partnership’s objectives.
Dr Uzoka-Anite assured the ambassador that the ministry would continue to facilitate collaboration and support efforts to ensure joint initiatives progressed efficiently and delivered meaningful results.
The Permanent Secretary of the Federal Ministry of Budget and Economic Planning, Dr Deborah Odoh, also welcomed the German delegation, describing Germany as a reliable partner whose technical expertise, knowledge exchange and experience had contributed to Nigeria’s development.
She said the ministry expects the ambassador’s tenure to create further opportunities to strengthen cooperation and to advance the longstanding relationship between the two countries.
The courtesy visit reaffirmed Nigeria and Germany’s shared commitment to sustaining bilateral engagement, deepening economic cooperation, and exploring opportunities for expanded investment and development collaboration.
By Laide Akinboade, Abuja
As part of efforts to reposition the newspaper for optimum corporate performance, the management of Asset Newspapers Limited, Publishers of DAILY ASSET, has announced the appointment of David Torough as the Editor of the Abuja-based national daily.
A statement by the management said the appointments were part of the company’s new strategy to further penetrate the various states in the country and raise its readership and patronage.
“DAILY ASSET is widely acceptable across the country and to maintain our leadership position, we need to increase management presence, hence the need to create new Bureau offices in some locations outside Abuja and Lagos,” the statement quoted the Publisher/ Editor-in-Chief, Dr Cletus Akwaya to have said.
In a statement yesterday, Publisher and Editor-in-Chief of the fast-growing daily, Dr. Cletus Akwaya said the appointment was part of the new strategy to properly situate the paper for better productivity.
“DAILY ASSET has a commitment with the Nigerian people. We are determined to weather the storm and give Nigerian readers a Newspaper that satisfies their yearnings and reading pleasure and we can only do that with the right set of professionals,” the statement said.
Akwaya, a former Commissioner of Information from Benue State said the difficult times being faced by Nigerians posed a great challenge to the media as the people deserved credible information with which to make choices.
“We have a bond with the people, to offer credible information at all times in the best tradition of the Nigerian Press and on this scale of objectivity, truth and fairness, we pledge to remain steadfast no matter the challenges,” Akwaya was quoted to have said.
He said the newspaper will maiantin its daily print run and circulation to all states of the federation and urged advertisers to take advantage of the deep penetration of the Daily Asset brand to send their messages.
Torough, the new Editor has had a steady rise in the Newspaper in the last five years.
A graduate of Mass communication of the Benue State University, Makurdi, Torough joined the company in 2022 as Benue State Correspondent. He was spotted for his brilliance and redeployed to Abuja the following year and promoted to Deputy News Editor. He was subswuently named Deputy Editor of the paper, a position he held until the recent appointment.
Torough has attended several journalistic workshops and trainings to properly equip himself for the task ahead.
The statement also said the Management named Eze Okechukwu as Deputy Editor.
Before his elevation as Deputy Editor, Eze has been Deputy Politics Editor and DAILY ASSET Newspaper correspondent covering the Senate, having joined the organization in 2021.
Born on March 10, 1975, Eze holds a Masters Degree in Mass Communication from the Enugu State University of Science and Technology.
Eze began his journalism career with Daily Star, Enugu and later worked with Daily Trust Newspaper, Abuja as sports reporter.
Aside from his journalistic excellence, he has a great deal of passion for sports.
From Ngutor Dekera, Kaduna and Aliyu Askira, Kano
Northern governors and traditional rulers yesterday called for the suspension of mining activities across the region for six months, blaming illegal mining for worsening insecurity in many states.
The resolution was contained in a communiqué issued after a joint meeting of the Northern States Governors’ Forum and the Northern Traditional Rulers’ Council held at the Sir Kashim Ibrahim House, Kaduna. The meeting, chaired by the Gombe State Governor and NSGF Chairman, Muhammadu Yahaya, had in attendance the 19 northern governors and chairmen of the 19 states’ traditional councils.The Forum expressed concern over the escalating violence in parts of the North, including the killings and abductions recently recorded in Kebbi, Kwara, Kogi, Niger, Sokoto, Jigawa and Kano states, as well as renewed Boko Haram attacks in Borno and Yobe.“The Forum extends its deepest condolences and solidarity to the governments and good people of the affected states,” the communiqué said, noting that the attacks on schoolchildren and other citizens had become “unacceptable tragedies” that required urgent collective action.It commended President Bola Tinubu for what it described as the Federal Government’s “firm response” to recent abductions and insurgency threats, especially the rescue of some abducted pupils.The governors also saluted security agencies for their sacrifices on the frontlines.“We resolved to renew our support for every step taken by the President and Commander-in-Chief to take the fight to insurgents’ enclaves in order to end the criminality,” the Forum stated.A major highlight of the meeting was the North’s renewed push for the establishment of state police, with governors and traditional rulers insisting that decentralised policing had become inevitable.“The Forum reaffirms its wholehearted support and commitment to the establishment of state police,” the communiqué added, urging federal and state lawmakers from the region to “expedite action for its actualisation.”On illegal mining, the governors said criminal mining networks were fuelling violence and providing resources for armed groups.As a corrective measure, they asked Tinubu to direct the Minister of Solid Minerals to impose a six-month suspension of mining activities in order to allow for a full audit and revalidation of licences.“The Forum observed that illegal mining has become a major contributory factor to the security crises in Northern Nigeria. “We strongly recommend a suspension of mining exploration for six months to allow proper audit and to arrest the menace of artisanal illegal mining,” it said.To strengthen the fight against insecurity, the governors also announced the creation of a regional Security Trust Fund.Under the proposed arrangement, each state and its local governments will contribute ₦1bn monthly, to be deducted at source under an agreed framework.They said the fund would help provide sustainable financing for joint operations, intelligence-driven interventions and coordinated security responses across the region.At the end of the meeting, the Forum reaffirmed its commitment to unity and collective responsibility.“Only through unity, peer review and cooperation can we overcome the pressing challenges before us,” it declared.The Forum agreed to reconvene on a date to be announced.Meanwhile, Nigeria’s worsening security crisis took a grim turn on Monday as bandits launched fresh attacks in Kano State, abducting 25 villagers, even as the Federal Government raced to secure the release of more than 300 Catholic school children kidnapped in Niger State.In the early hours of Monday, armed bandits invaded Unguwar Tsamiya—popularly called Dabawa—in Shanono Local Government Area of Kano State, whisking away nine men and two women after shooting into the air and assaulting residents. The attackers also rustled two cows.A resident lamented the community’s helplessness: “We cannot do otherwise; most of us cannot leave because we have nowhere to go. This is our place, our land and everything is here.”The assault came less than 24 hours after a similar attack on Yan Kamaye in Tsanyawa LGA, a community along the volatile Katsina border.In Niger State, National Security Adviser Nuhu Ribadu has assured distraught families of St. Mary’s Co-Education School, Kontagora that the more than 300 students and staff abducted on November 21 will return home “soon.” Ribadu, who led a high-level federal delegation to the school on Monday, said the abductees are safe, though he offered no specifics on their location or the status of rescue operations.According to Daniel Atori, spokesman for the Catholic bishop overseeing the school, the NSA reassured officials: “The children are where they are and will come back safely.”The St. Mary’s attack is part of a worrying resurgence of mass kidnappings reminiscent of the 2014 Chibok schoolgirls’ abduction. Security analysts warn that banditry has evolved into a “structured, profit-seeking industry,” with hundreds of Nigerians abducted in November alone.The Kontagora school abduction occurred the same week 25 girls were kidnapped in Kebbi State—victims who authorities say have since been rescued through “non-kinetic” means. About 50 of the St. Mary’s hostages have also managed to escape.Ribadu’s delegation, which included the Minister of Humanitarian Affairs and the Director-General of the Department of State Services (DSS), reaffirmed the government’s commitment to securing the freedom of all abducted citizens.As communities from Kano to Niger continue to bear the brunt of these violent incursions, the escalating spate of kidnappings underscores the urgent national demand for a more decisive and coordinated security response.
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