COVER
Platrau: APC Begs Supporters to Maintain Peace after Mutfwang’s Sack
–Appeal Court Verdict Temporary Setback – Gov
By David Torough
Plateau chapter of the All Progressives Congress (APC) has begged its members to celebrate the Court of Appeal governorship judgment with modesty and decorum and avoid actions that could puncture peace in the volatile state.
The party’s sate chairman, Rufus Bature, gave the advice in a statement signed by the State Publicity Secretary, Mr Sylvanus Namang.
The statement read, “We appeal to members and supporters of the APC in Plateau to remain calm and refrain from provocative acts that could hurt the peace.”
The chairman advised that the acrimony and disaffection that prevailed in the wake of appeal should be put behind as Plateau State had become a laughing stock.
He called on security agencies to be at alert to avert any act capable of causing a breakdown of law and order.
The Court of Appeal sitting in Abuja on Sunday nullified the election of Governor Caleb Muftwang and ordered the Independent National Electoral Commission (INEC) to recognise Nentawe Goshwe of the All Progressives Congress (APC) as the winner of the March 18 Plateau State governorship election.
The three-member panel, in a unanimous decision held that Muftwang was not validly sponsored by the Peoples Democratic Party (PDP) as provided by Section 285(2) of the Nigerian Constitution.
Justice Elfrieda Williams-Dawodu, who led the panel while delivering the lead judgment, cited Section 177 of the Constitution, noting that the PDP did not validly sponsor Manasseh for the governorship election.
The panel held that the party violated the court order that a valid congress be conducted in the 17 local government areas of the state by conducting congress in only five local government areas and as such, it is a nullity.
The court while dismissing the decision of the Plateau State Governorship Election Petition Tribunal held that the issue of qualification is both a pre-election and a post-election matter, contrary to the findings of the tribunal, which held that the appellant lacked the legal right to contest the validity of the respondent.
The court noted that under Section 134 of the Electoral Act, it is the sole right of a political party to sponsor its candidate having met the necessary requirements to do so.
While evoking Section 136 of the Electoral Act, the court ordered INEC to retrieve the certificate of return issued to Governor Mutfwang and issue a fresh one to Goshwe.
INEC had declared Mutfwang the winner of the March 18 governorship election after he scored 525,299 votes to defeat 17 other candidates, including Goshwe, who polled 481,370.
Goshwe challenged Mutfwang’s election at the tribunal, claiming that the governor was not validly nominated and sponsored by PDP and that PDP had no structure to sponsor any candidate for the governorship election.
He alleged that Mutfwang’s election was not conducted in compliance with the Electoral Act, adding that the PDP candidate did not win the majority of lawful votes cast during the election.
The tribunal headed by Justice R. Irele-Ifijeh dismissed the petition for lacking merit.
Not satisfied with the judgment of the tribunal, the APC candidate approached the Court of Appeal, praying it to declare him winner on grounds that the governor was not qualified to have stood election because he was not validly sponsored and nominated by his party.
The APC candidate told the court in his Notice of Appeal that there was over-voting and non-compliance with the 2022 Electoral Act during the election.
Last week, lead counsel to the appellants, Prof. Goke Olagoke (SAN) urged the court to set aside the judgment of the tribunal and declare his client winner.
He told the court that the appellants’ case is that Governor Mutfwang was not qualified to be in the race because of lack of valid sponsorship by a political party, contrary to section 177 (C) of the 1999 Constitution.
Olagoke said his submission was predicated on various court judgments, including the Court of Appeal’s decisions, adding that the court is bound to abide by the decisions for consistency.
In a motion dated October 30 but filed on November 2, 2023, the governor, through his legal team led by a former Attorney General of the Federation and Minister of Justice (AGF), Godwin Kanu Agabi (SAN), urged the court to strike out some grounds of the appeal for being incompetent.
He equally filed a notice of preliminary objection challenging the jurisdiction of the court to adjudicate on the appeal.
Agabi drew the court’s attention to the fact that the nomination and sponsorship of a candidate for election is purely an internal affair of a political party, which the court has no jurisdiction to entertain.
He submitted that the word qualification used by the petitioner is misleading as the issue raised by the petition bordered on nomination and sponsorship.
The court finally entered judgment in favour of the appellant.
Meanwhile, Mutfwang has described the verdict of the court as a temporary setback.
A statement by the governor’s Director of Press and Public Affairs (DOPPA), Mr Gyang Bere last night maintained that the judgment would not deter Mutfwang’s plans of repositioning the state toward steady growth and development.
Mutfwang expressed strong optimism that his mandate would be restored.
He said, “I want to assure the people of Plateau that the mandate they overwhelmingly gave me will be restored; I have instructed my legal team to file an appeal at the Supreme Court.
“I hereby admonish citizens of the state and supporters of the Peoples Democratic Party (PDP) to remain calm, for as long as God remains on the throne, the mandate of the people will not be tampered with.
“I want to also reiterate my commitment to the rule of law and assure you all that there is light at the end of the tunnel.
”I have unwavering faith in the judiciary and the Constitution of Nigeria.”
He appealed to the citizens of the state to be law abiding, adding that the judgment is a temporary setback.
COVER
Yahaya Bello to Spend Christmas, New Year in Kuje Prison
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.
COVER
Middle Belt Group Tasks FG on Resettlement, Safety of IDPs
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.
COVER
Recapitalisation: SEC Charges Banks to Strengthen Corporate Governance
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