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Matters Arising as Presidential Election Petition Court Begins Proper Hearing
With the pre-hearing stage over, legal fireworks kicked off at the Presidential Election Petition Court, (PEPC) on May 30.
The court held its inaugural session on May 8, the ritual that takes place to enable the bar and bench to agree on some ground rules before the actual hearing of petitions commences.
The PEPC has 180 days to hear and determine the petitions of Mr Peter Obi and the Labour Party (LP), Alhaji Abubakar Atiku and the Peoples Democratic Party, (PDP) and the petition of the Allied Peoples Movement, (APM).
According to Section 285 (5) to (7) of the 1999 Constitution as amended: “An election petition shall be filed within 21 days after the date of the declaration of result of the elections.
“An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition.
“An appeal from a decision of an election tribunal or Court of Appeal in an election matter shall be heard and disposed of within 60 days from the date of the delivery of the tribunal or Court of Appeal’’.
They are in court challenging the outcome of Feb. 25 Presidential Election which produced President Bola Tinubu and his vice Kashim Shettima.
Proceedings started at the court after the pre-hearing session with the Labour Party calling its first, out of 50 witnesses.
One of the witnesses, Mr Lawrence Nwakaeti, led in evidence by Mr Jubril Okutepa, a Senior Advocate of Nigeria, a counsel from the petitioners legal team tendered documents including a United States District Court judgment.
The judgment allegedly indicted President Bola Tinubu and ordered his forfeiture of 460,000 dollars in a drug-related offence.
Under cross examination by counsel to Tinubu, Mr Wole Olanipekun, a Senior Advocate of Nigeria, the witness admitted that the judgment was not registered in Nigeria.
The witness told the court that he had read the judgment in its entirety and would be surprised if no mention was made of 460,000 dollars forfeiture in it.
While also cross examining the witness, counsel to the All Progressives Congress, (APC), Mr Lateef Fagbemi, a Senior Advocate of Nigeria, sought to know if the document had the certification of any police officer in the United States.
“Do you have a certificate given under the hand of a police officer in the United States where the alleged conviction took place.
“Are you aware of a formal clearance report dated Feb. 4, 2003 issued under the legal attache’ of the United States embassy in respect of the alleged indictment and forfeiture’’, he asked.
The witness told the court that he had no certificate from the police and that he was not aware of any such report.
The witness further told the court that he did not have the charges against Tinubu because there were no charges since the indictment was from a civil forfeiture proceeding.
Mr Kemi Pinhero, a Senior Advocate of Nigeria, counsel to the Independent National Electoral Commission sought to present the witness as a trouble maker saying he was involved in some controversy over local elections in his state.
This however, attracted vehement objections from the petitioners counsel as he said the issue of the local election was not before the court.
For Obi and the Labour Party on day one, it was just one witness, 49 more to go.
If supporters of Obi and the LP had high expectations for hearing of the petition on day two of the proper hearing stage, they may have been a somehow disappointed.
At the resumed hearing of the petition on May 31, counsel to the petitioners, Prof. Awa Kalu, another Senior Advocate of Nigeria, told the court that he was constrained to ask for an adjournment due to unforeseen circumstances.
“My lords, our plan was to continue our case but we had an unexpected development at the secretariat.
“The unexpected development has to do with the illness of two of our key staff for which reason I am constrained to pray for an adjournment until tomorrow,’’ he said.
Justice Tsammani granted the request, especially as there was no objection from counsel to all the respondents.
Obi and the Labour Party had told the PEPC that they would need three weeks to prove their case and as at May 31, the petitioners had 19 days to go.
The court was again forced to step down hearing in their petition due to poor scheduling of documents they sought to tender in evidence.
There was some confusion as a lot of discrepancies were noticed as Mr Emeka Okpoko, a Senior Advocate of Nigeria, attempted to tender documents from 23 Local Government Areas of Benue.
All efforts to reconcile the discrepancies proved abortive forcing the judges to rise for about 15 minutes to allow the petitioners rectify the confusion.
The judges didn’t seem pleased when they returned after the stand down and things still hadn’t been sorted out.
At this stage, Tsammani told the petitioners to take an adjournment and sort their documents out before returning to court.
“What we have done today is a waste of time. The poor way you have arranged the documents will cause confusion both for you and the court Justice Misitura Bolaji-Yusuf said in frustration.
Kalu, however, prayed the court to allow his team tender the documents they had rather than take an adjournment since they had already lost one day and this was granted.
The petitioners proceeded to tender certified true copies of electoral documents obtained from INEC in six out of the 18 states whose results they were challenging.
The documents were mainly Forms EC8A, which are election results from polling units.
The documents were admitted by the court though all the respondents objected to them being admitted in evidence.
Atiku and PDP on the other hand, appeared to have a better grip of things at the court.
This may not be unrelated to the fact that they are not strangers to the election petition court.
Atiku along with the party opened their case at the court on May 30 by first tendering documents to support their petition.
One of such documents tendered by counsel to the petitioners, Mr Eyitayo Jegede, SAN was Form EC8E which is the final declaration of winners result.
Jegede also tendered the Bimodal Voters Accreditation Systems Machines, (BVAS) report from all the 36 states including the Federal Capital Territory, (FCT).
He also tendered INEC certified documents in respect of number of registered voters as well as number of Permanent Voter Cards, (PVC)s collected in all the 36 states including the FCT.
Again, all the respondents objected to the admission of some of them in evidence.
The Chairman of the Court, Justice Haruna Tsammani, however, admitted the documents in evidence.
The petitioners called their first witness, retired Captain Joe Agada, who was led in evidence by Jegede.
Agada told the court that he was forced to sign the result sheet of the presidential election.
He alleged that ballot papers and result sheets were manipulated by compromised electoral officers in collusion with agents of other political parties.
Under cross examination, the witness said that he had given evidence for Atiku in 2019.
PDP’s second witness, Mr Solarin Adekunle, who said he was the Ogun Collation Officer also told the court that he refused to sign the collated results in protest against electoral malpractices.
The petitioner’s third witness, Rep. Uzoma Abonta, told the court that the election should be nullified on the grounds that there were so many irregularities, discrepancies and noncompliance with rules of the Electoral Act.
Atiku and the PDP have called six witnesses out of 100 witnesses they said they have.
Allied Peoples Party, (APM) are not directly challenging the election of Tinubu and Shettima but challenging the issue of ‘’place holder’’.
To this effect, hearing of the party’s petition has been stalled due to a judgment of the Supreme Court on the issue of place holder.
At the resumed hearing of the petition on May 30, Olanipekun counsel to Tinubu told the court that the petition challenging his client’s declaration as president on grounds of place holder had been resolved by the Supreme Court.
Olanipekun said that a judgment of the apex court of May 26 delivered in a suit instituted by the PDP marked SC/CV/501/2023 against the APC on similar grounds had taken care of the issue of place holder.
Counsel to the APM, Mr Yakubu Maikasuwa, SAN told the court that they had been unable to get a copy of the judgment.
“I therefore apply for an adjournment as we are doing all we can to get the judgment so we can take a position on the status of the petition.”
All the respondents in the matter did not oppose the application for an adjournment.
Hearing of the petition has been adjourned until June 9 to enable the lawyers obtain the May 26 judgment of the Supreme Court.
Concerns have been raised by political analysts as well as the petitioners as to why INEC is rejecting its own documents.
Although Pinhero, INEC’s counsel hinted that it was because the documents were being smuggled into the petition, he refused to explain further when asked by newsmen.
The clock is ticking as supporters of all the petitioners as well as those of the respondents eagerly await the outcome of the PEPC. NAN
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Breaking the Stigma of Male Victims of GBV
For decades, the narrative around Gender-Based Violence (GBV) has been dominated by the plight of women, with men often portrayed as the perpetrators.
However, the story of John Adegoke, a 35-year-old father of two, tells a different side of this issue.
On one fateful night, Adegoke’s wife became enraged, and the situation regrettably turned violent, leaving him with a broken arm and a shattered sense of self-worth.
“I felt so ashamed and embarrassed.
I didn’t know where to turn or who to talk to. I felt like I was all alone,” he recalls.Adegoke is not the only man with such an experience.
Similarly, Michael Osunbor, a 28-year-old entrepreneur, found himself a victim of abuse.
Osunbor’s partner was emotionally and verbally abusive, constantly belittling him, calling him names, and threatening to leave.
“I felt like I was walking on eggshells around her. I never knew what would trigger her anger. I felt like I was losing myself in the relationship,” Osunbor recounts.
Both Adegoke’s and Osunbor’s stories are not isolated incidents.
In fact, according to the World Health Organisation (WHO), one in six men will experience some form of GBV in their lifetime.
Furthermore, a study by the National Demographic and Health Survey (NDHS) in Nigeria revealed that 16 per cent of men reported experiencing physical violence, while 12 per cent reported emotional violence.
In spite these alarming statistics, male victims of GBV often face significant barriers when seeking help.
Societal norms surrounding masculinity make it difficult for men to admit they are victims.
Consequently, many feel ashamed or embarrassed and may fear being perceived as weak.
Mr Sulaiman Abaya, a renowned legal practitioner, says that men also suffer domestic violence, which can take psychological, economic, or physical forms.
However, he laments the lack of recognition and support for male victims of GBV.
“Even international conventions, protocols, and charters, which are domesticated locally, focus primarily on women as victims, with little emphasis on men. This is the root of the skewed narrative,” Abaya observes.
He further explains that men are socialised to appear strong and stoic, which often discourages them from seeking help.
This stigma, in turn, leads to a lack of support services tailored to male victims.
The consequences of this silence, according to human rights advocates, can be devastating.
Male victims of GBV are more likely to suffer mental health challenges such as depression and anxiety.
Moreover, they may turn to risky behaviours, such as substance abuse, as a coping mechanism.
Dr Rosemary Smith, a human rights activist, expresses these sentiments.
She notes that societal perceptions of masculinity often force male victims to suffer in silence.
“Men who experience GBV are often left without access to the support services they need.
“This can have serious consequences for their physical and mental health, and it perpetuates a cycle of violence and silence,” she says.
Smith emphasises the need to break down the stigma surrounding male victims and dismantle stereotypes about GBV.
To achieve this, she calls for inclusive support services that address the unique needs of both men and women.
“We need to create a safe and supportive environment where men feel comfortable coming forward and seeking help.
“This requires a fundamental shift in the way we think about GBV and recognition that men can be victims too,” she explains.
Abaya suggests that collecting data on GBV against men is critical.
In addition, he advocates for robust campaigns to raise awareness and encourage men to report cases of abuse.
“Human rights agencies should begin to recognise men’s rights. There could even be dedicated platforms, such as Facebook pages, for reporting GBV against men.
“Similarly, support systems should be put in place to help male victims,” he recommends.
In addition to providing support, Mr Samuel Chukwu, a Benin-based family adviser and counsellor, underscores the importance of addressing the root causes of GBV.
He highlights the need to challenge societal norms around masculinity and power.
“We need to challenge the societal norms that perpetuate GBV and promote a culture of equality and respect.
“This requires collective efforts from the government, civil society, and individuals,” Chukwu says.
He also identifies counselling, advocacy, and other tailored forms of support as essential measures to address the issue and help victims heal.
Similarly, Mrs Christy Ipinlaye of the Olive Foundation stresses the importance of awareness.
According to her, public campaigns, community outreach, and education are key to breaking the stigma and encouraging men to report cases of abuse.
As the world concludes the 2024 16 Days of Activism Against GBV, it is vital to remember the often-overlooked victims of this societal menace.
By breaking down the stigma and providing tailored support services, society can move closer to a world where everyone lives free from violence and fear. (NANFeatures)
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Port Harcourt Refinery: Revival Signals New Era for Nigeria
Years after it went comatose, the Port-Harcourt Refinery rose up from ‘death’, courtesy of the seriousness attached to the all-important plant by its owners, the Nigerian National Petroleum Corporation Ltd. (NNPCL).
Little did stakeholders anticipate such a milestone could be swiftly achieved, boosting Nigeria’s domestic refining capacity.
After years of delays, maintenance challenges and rising dependency on imported refined petroleum products, the inauguration of the plant promises to be a potential shift in the country’s fuel supply dynamics.
While the government and industry stakeholders have lauded the achievement, the re-establishment of the operation did not go without hydra-headed challenges.
The Port-Harcourt refinery comprises two units, with the old facility capacity of 60,000 barrels per day (bpd) and the new plant, 150,000 bpd, both summing up to 210,000 bpd.
The refinery was shut down in March 2019 for the first phase of repair works after the government secured the services of Italy’s Maire Tecnimont, to handle the review of the facility with the oil major Eni as technical adviser.
In 2021, NNPCL announced the commencement of works at the PHRC after the Federal Executive Council (FEC) approved $1.5 billion for the project.
In December 2023, the government announced the completion of the mechanical and the flare start-off, one of Nigeria’s oldest and most critical facilities, inaugurated to reduce dependency on foreign refineries.
With the capacity to process over 210,000 barrels of crude oil per day, the refinery is expected to significantly boost local production of petroleum products, including petrol, diesel and kerosene.
In a landmark move, NNPC Ltd. officially began production at the facility, signaling a return to active refining operations after years of dormancy and extensive rehabilitation work.
The christening on Nov. 26, was attended by major stakeholders: government officials and industry experts, all of who expressed optimism about the refinery’s potential to enhance domestic fuel supply and job creation.
While the inauguration is a monumental achievement, the journey to full operational capacity has not been without its noticeable hiccups.
Reports indicate that there are still several operational and logistical challenges facing the refinery, including issues with the supply of crude, infrastructure inadequacies and technical glitches.
Also, there are concerns about the refinery’s ability to operate at full capacity consistently, as its systems have suffered from years of underinvestment.
The prolonged downtime and intermittent operations have raised doubts about whether the refinery can contribute meaningfully to meeting Nigeria’s domestic fuel needs without delay.
Though the refinery’s management has acknowledged some of the identified setbacks, yet, it remains committed to resolving the issues in the short-term to avoid further disruptions.
In spite of the challenges, stakeholders within Nigeria’s oil and gas sector including Dr Ayodele Oni, a Partner at Bloomfield Law Practice, notes the reopening is a positive step towards addressing the nation’s fuel supply crisis.
Oni says the Port-Harcourt’s production is expected to significantly reduce the nation’s dependence on imported fuel, which has long been a source of concern due to the foreign exchange burden and the fluctuations in international oil prices.
According to him, for Nigeria’s local refineries, the Port-Harcourt refinery holds the promise of reducing astronomical price of fuel imports, by ultimately saving the country’s billions of dollars annually.
It is also anticipated to create thousands of jobs, both directly and indirectly through the supply chain, from transportation to distribution.
Mr Mike Osatuyi, a former National Operations Controller of the Independent Petroleum marketers Association of Nigeria (lPMAN), says by the inauguration, the refinery is expected to contribute to Nigeria’s energy security by bolstering its refining capacity.
Osatuyi says this shift can pave the way for more refineries to return to full capacity and help Nigeria meet its increasing energy demand.
According to him, the refinery’s operational success could drive the government’s push for improved infrastructure in the downstream oil and gas sector, thereby creating a more self-sufficient and sustainable energy ecosystem.
“Local businesses and citizens stand to benefit from a more stable and reliable supply of fuel, which is crucial for everyday activities and economic growth.
Also, industry observers, according to him, will be quick to predict that an efficient, fully operational Port-Harcourt refinery can lead to reduction in the country’s fuel scarcity which has led to long- queues at filling stations and rising fuel prices.
An energy expert, Mr Salisu Danjuma, explains the corporation’s assignment should not end with the Port Harcourt Refinery alone.
Danjuma notes the corporation has laid out plans to increase its capacity with the completion of the Warri and Kaduna refineries, as well as enhancing the operations of the Port Harcourt plant.
He believes the goal is to make Nigeria a net exporter of refined petroleum products, reducing the country’s dependency on imported fuels while creating a robust energy sector that can support both domestic and international demand.
According to him, while the current phase of the Port Harcourt refinery’s operations is a positive indicator of progress, NNPC Ltd. still faces the task of addressing its operational challenges and ensuring long-term sustainability.
“The government has committed to investing in more capacity expansion and technology upgrades to modernise the country’s refineries.
“The commissioning of the Port Harcourt Refinery is undoubtedly a significant step for Nigeria’s oil and gas sector, with the potential to reduce the country’s fuel import bill and improve domestic fuel supply.
“While the refinery’s operations face some initial setbacks, the initiative is hailed by stakeholders as a critical move toward enhancing the nation’s energy security, boosting economic growth, and creating employment opportunities.
“Moving forward, the full success of the Port Harcourt Refinery will depend on the NNPC Ltd.’s ability to tackle its current operational challenges, ramp up production and create a stable and efficient refining ecosystem.
“If these obstacles are overcome, Nigeria could see a transformative shift in its energy landscape, reducing its reliance on imports and promoting self-sufficiency,” he added.
Reacting, the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG), acknowledged the support of President Bola Tinubu, as well as the collaborative efforts of the NNPCL Board and contractors for the successful hauling of the facility.
Its President, Mr William Akporehe, and General Secretary, Mr Afolabi Olawale, described the commencement of the crude oil processing and the dispatch of petroleum products from the refinery as a landmark achievement that resonates with the aspirations of Nigerian citizens.
The union declared that the achievement demonstrated by NNPCL’s commitment to the country’s sustainable economic growth cannot be over-emphasised.
It commended the Group Managing Director of the corporation, Mele Kyari, for steering PHRC’s rehabilitation to completion, despite numerous challenges.
Nigeria owns four refineries: two in Port Harcourt and one each in Warri and Kaduna; but they have been moribund for years despite the Turn-Around-Maintenance (TAM) efforts.
The moribund state of the local refineries pushed Nigeria to depend solely on the importation of petroleum products for domestic use for several years, constituting a major drain on the nation’s foreign reserves.
For decades, successive administrations moves at reviving the nation’s refineries to reduce dependency on petrol importation failed.
In 2015, former President Muhammadu Buhari pledged to optimise those performing below capacity and boost foreign reserves by halting importation of refined fuel.
In November 2018, that administration scheduled December 2019 as the terminal date for three of the refineries to attain full production capacity to end petroleum importation and later shifted same to 2020.
Though, while the 2020 deadline was not realised, the government had spent N10.23 billion as at June 2020 on three of the refineries which processed zero crude.
By May 2023, the Federal House of Representatives Ad-hoc Committee on the state of refineries in the country made a disclosure that the federal government had spent over N11 trillion on the rehabilitation of the refineries between 2010 to 2023.
Just August 2023, President Bola Tinubu assurance that the PHRC would become functional by December after numerous failed attempts is now a reality.(NAN)
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Time for Nigeria to Focus on Solid Minerals Sector
Nigeria’s solid mineral sector, which was once crucial to the nation’s economy, lost that recognition immediately the nation found oil.
But, with the decreasing oil revenue, the President Bola Tinubu-led administration is revitalising the solid mineral sector and developing its infrastructure to attract foreign investments.
According to the Minister of Solid Minerals Development, Dr Dele Alake, the sector is being repositioned as a major driver of the nation’s economic growth.
As the minister strives toward achieving this goal, critical stakeholders in the industry have emphasised the need to sustain the efforts to meet the goal of diversifying the economy.
One such stakeholder, Mr Mikali Mumuni, believes that the sector has the potential to significantly create wealth and numerous employment opportunities.
Mumini, the Managing Director of Miners Communication Limited, publishers of Miner Magazine, says that the sector is “too good to be ignored”.
“Today, it is dawning upon us that we can no longer depend solely on oil because of the vagaries of international oil market.
“It has become obvious that Nigeria is now earning less and less income from oil.
“Apparently, this is the reason why successive governments have been talking of diversifying the nation’s economic base.
“One of the easiest and surest way to do this is to refocus attention on the solid minerals sector.
“The sector has the highest capacity to create multiple employment opportunities for our teeming population, particularly the youth.
“Basically, the solid mineral sector has been long neglected because of the discovery of oil which made some public policy analysts argued that oil made the nation lazy.
“The reality is dawning on the nation that the holiday is over. It is time to face the reality,” he told newsmen recently.
Mr Abidoye Abiosun, Marketing Director of Miners Communication, while corroborating Mumini, identified lithium as one solid mineral that had gained global focus.
“From what I observed, the Nigerian government is prioritising the expansion and development of its lithium resources in the country.
“The idea is to generate power without polluting the environment.
“To the best of my knowledge, lithium is the major focus in the whole world and that is why, I think, the Nigerian government is really focusing attention on its expansion and development.
“When you are looking at the area of power generation without polluting the air, creating nuisance and ecological hazard, lithium is the safest,” he said.
Abiosun speaks further on the solid mineral.
“Lithium is also the mineral resource crucial to the production of battery used in the generation of solar energy and other similar products.
“With records showing that Nigeria has a very large deposit of lithium, it should be annexed, properly looked into, and tapped so that it would be a ready-made replacement and alternative to oil.
“Lithium is a versatile element with various applications. Lithium-ion batteries power electric vehicles, mobile devices and renewable energy systems.
“This is due to their high energy density and long lifespan.
“Lithium carbonate is used as a medication to treat bipolar disorder, depression and anxiety disorders.
“Lithium is also used in nuclear reactors as a neutron absorber and in nuclear fusion research.
“Lithium oxide is used to produce specialised glass and ceramics with unique properties. Lithium-based lubricants are used in industrial applications due to their high performance and resistance to extreme temperatures.
“It has long been established that lithium-ion batteries have a high energy-to-weight ratio, making them ideal for portable electronics and electric vehicles.
“This is just as lithium-ion batteries can be charged and discharged many times without losing capacity.
“Lithium carbonate also helps stabilise mood and reduce symptoms of mental health conditions.
“Lithium’s ability to absorb neutrons makes it useful in nuclear applications.
“Lithium-based materials have high thermal resistance, making them suitable for extreme temperature applications,” he explained.
Expectedly, stakeholders have lauded government’s efforts in taking steps to reactivate mining licences and address security concerns so as to make the sector more attractive to investors.
They note that Alake has launched the mineral resources database through which anybody that is interested in investing in solid minerals could access information on which part of the country he or she could get a particular mineral or the other.
The minister said recently that investors could express interest where such lies.
The government has also created the Mining Marshall to make the different mining sites safer for investors as well as miners.
Just recently, President Bola Tinubu gave a matching order to the armed forces to redouble their efforts at curbing illegal mining.
“This, to me, is a great assurance to investors in the mining sector,” Mumuni said.
For Abiosun, the renewed interest on the mineral resources sector by Alake and the Federal Government is commendable and must be supported.
“I think it is a very good step in the right direction,” Abiosun says.
Analysts have, however, said that there is the need to review mining licences as many had been issued but not activated.
“If the government is looking at generating employment through solid mineral and mineral resources in the country, all the mining licence that have been given out, need to be activated.
“Serious investors need to invest in the sector, start action and, at the end of the day, the unemployment rate in the country would have decreased.
“We look at majority of our youths that are at home unemployed; they will have areas in which they can be useful at the mining sites and other activities that are associated with mining in the country.
“I think the Federal Government is taking the right step in the right direction,” Abiosun says.
Stakeholders have also emphasised the need for specialised media coverage to promote and support the growth of the sector.
Mumini emphasises this.
“As journalists, it is our duty to ensure that we do not lower the bar of reportage of the sector.
“This is what forced some of us to come up with the idea of the Miners Communication outfit under which we currently have a monthly news magazine solely devoted to reporting the solid mineral sector.
“It is the only magazine that is doing that in the country. We have taken the lead and we are determined to consistently do this by highlighting the diverse and vast opportunities that abound in the sector,” Mumuni says.
Abiosun notes further: “This is an aspect of journalism that has not been looked into.
“The area is a growing sector and it is a genre that we need to encourage just the way the Nigerian government is trying to encourage the mineral resources industry.” (NANFeatures)