Headline

Onnoghen Trial: Blow-By-Blow Account of Proceedings , FG Wants CJN To Step Aside

Published

5 years ago

January 22, 2019

Editor

The Code of Conduct Tribunal (CCT) trial of Chief Justice of Nigeria, Justice Walter Onnoghen comtinued today with serious legal fireworks.

Here is a blow by blow account of the court proceedings

▶As at 8am, there’s heavy Police presence.
▶The orders of the various courts restraining the CCT from proceeding with today’s business are boldly pasted at the gate.
▶it appears there is also post on the gate that the NBA is filing an application seeking to join as amicus curiae. The application is couched as seeking leave for the NBA to appear as amicus curiae
▶Tribunal will sit at 10am as always.
▶Prosecution Counsel has just asked the CCT Registry whether there is an express positive order from Court of Appeal restraining them from proceeding with today’s business and they said No

Thank you

*NBA PRESIDENT (Paul Usoro, SAN) HAS DIRECTED IMMEDIATE WITHDRAWAL OF APPLICATION SEEKING TO JOIN NBA AS AN AMICUS CURIAE , SAYING THAT NBA IS NOT AWARE & DID NOT APPROVE THE FILING, OF ANY SUCH APPLICATION *

1⃣The NBA Leadership learnt this morning that there is an application purportedly filed on behalf of the NBA, and seeking CCT’s leave for NBA to join the case as an amicus.
2⃣However, the NBA President has written to the NBA General Secretary, directing that the General Secetary should ensure that the application filed to join NBA as amicus is forthwith withdrawn at the CCT proceedings today. And it must not be moved as NBA never approved the filing of any such application, for the following reasons:
▶The NBA President and the NBA Leadership were not consulted prior to the filing of such application on their behalf. The NBA Leadership was not aware of the filing or any plans to file the application and did not give any directive for the filing of such application
▶The NBA Leadership has mever taken any decision to file any such application, neither was there any resolution to that effect from any organ of the NBA National Leadership
▶That the NBA President and the NBA Leadership is not aware of any provision under the Rules or in law for such application.
▶That appointment of amici is always at discretion of the court or tribunal.”

Thank you.
Proceedings commence

▶ .Aliyu Umar SAN & 9 Ors for Prosecution
▶Wole Olanipekun SAN & 33 other Senior Advocates for Defence.

Chairman is now taking appearance of the other lawyers
▶Prosecution says business of the day is arraignment and pending applications. Pending applications are 1) Preliminary Objection challenging jurisdiction of Tribunal to hear Charge 2) Application for CJN to step aside
▶Prosecution says its obvious arraignment cannot take place in Defendant’s absence says last time Tribunal couldn’t proceed due to Defendant’s absence
▶Prosecution requests that the Tribunal inquire whether Defendant has been served with Charge
▶Defence gives an account of last day’s proceedings differs.. Says he is not aware that business of the day was arraignment. Reads Courts record where it states that business of the day is hearing of pending applications
▶Defence counsel informs Tribunal that there has been in any case intervening events, draws Tribunal’s attention to Exparte Order of the Federal High Court restraining the Defendant and Tribunal from taking any step that will interfere with the Res of the Suit before FHC pending determination of the Motion on Notice. Says life span of order has been further extended to 28 January 2019 when Motion on Notice will be heard

▶Defence also informs Tribunal of Peter Abang’s Suit before the NIC where CCT Chair is 2nd Defendant and CCB 3rd Defendant and interim order of 14 January 2019 restraining Defendants from proceeding further with Hearing of the Charge pending determination of the Motion on Notice for Interlocutory Injunction

▶Defence informs Tribunal of 3rd Restraining Order from Valentine Ashi of FCT High Court in Inc Trustees of Foundation of Defence of Consumers Right v AGF & 6 Ors. Hon Chairman is 2nd Defendant in personal capacity & CCT Chair 3rd Defendant in official capacity..the Order mandates all parties to maintain status quo as at 15 January 2019 pending hearing and determination of the Motion on Notice

▶Defence informs Tribunal of 4th Order from Ekwo J of the FHC in which President FRN is 1st Defendant and CJN 3rd Defendant, CCT Chair is 5th Defendant. Ekwo’s order was made 21 January 2019 ordering parties to maintain status quo pending determination of the Motion on Notice fixed for 29 January 2019

Defence says all orders have been served on parties. Informs Tribunal of letter of 18 January 2019 in which 1st Order of FHC per Maha J was also brought to Tribunal’s attention
▶Defence further informs Tribunal of its Appeal to the Court of Appeal on the order consolidating the two pending applications
▶Says Court of Appeal sat on appeal yesterday and the appeal is adjourned to Thursday for Hearing of the Motion for Stay of Further Proceedings at CCT & acceleration of the Appeal
▶Defence says that Prosecution told Court of Appeal that there was no need for fresh order in view of orders of the various High Courts
▶Cites AG Anambra v AG Fed, Pt 606 says that orders of Courts of competent Jurisdiction must be obeyed until it is set aside

▶Cites Rosec Case (1993) NWLR pt 312 per Bello JSC where SC held that Judgment remains binding until set aside by competent Court
▶Directs Court to excerpt that says whether order is null or void it must be obeyed until it is set aside
▶Refers to Section 287 (3) of the Constitution and submits that it enjoins all parties to enforce the decisions of the Courts and must be enforced and given effect by all persons
▶Cites Ngere v Okwuwute which referred to locus classicus case of Mil Governor Lagos State v Ojukwu and reads excerpt
▶In commending all the decisions to the Tribunal says Court of Appeal is now siesed of the matter and urges Tribunal to take cognisance of Mohammed v Olawunmi pt 287, page 254 at 281 per Olatiwura JSC..reads part where it says it amounts to ” judicial rascality and irresponsibility ” if a Judge of subordinate Court decides not to obey an order of a Court
▶Urges Tribunal to “respect, apply, enforce, comply with and give effect” to subsisting orders and take cognisance of Appeal and adjourn the proceedings sine die till the determination of the matters at the different High Courts and the Court of Appeal

Prosecution now addressing Court.
Prosecution says he is within his rights to ask for an arrest warrant but will not be asking for same.

▶Cites Ahmed v Ahmed wherein Onnoghen JSC held that the CCT is not subject to supervision of any High Court
▶Says that application is seeking is that the Defendant “Step Aside” and it doesn’t amount to removal by any means.
▶Submits that Ojukwu Case and all other cases cited are distinguishable from this scenario. Submits that Tribunal is not under supervision of the NIC and FHC
▶Submit that CCT is not duty bound to enforce decisions of those courts
▶Cites Saraki v FRN pt 1646 where the Uniqueness and Independence of the CCT was asserted.
▶Says that there has not been an order of the Court of Appeal
▶Goes back to Defendant’s absence and says that although he is not making an application for a bench warrant but will want the Court to in deciding whether to adjourn or not take note of Paragraph 11 of the Tribunal’s Practice Direction Paragraph and asks for Interim Order in terms of their Motion on Notice asking the CJN to Step Aside.
▶Defence says that its Jurisdiction application has not been argued and as such the Tribunal cannot make any orders
▶Describes Prosecution’s application as stunning
▶Says Tribunal cannot make any injunctive orders till it decides on its Jurisdiction
▶Cites NDIC v CBN on the point that where Jurisdiction is challenged the only Jurisdiction the Court has is to determine whether it has jurisdiction
▶Cites NDIC v CBN on the point that where Jurisdiction is challenged the only Jurisdiction the Court has is to determine whether it has jurisdiction
▶On Defendant’s absence draws Tribunal’s attention to the fact that the Defendant is a party to the FHC Suit against whom there is a subsisting order and that in any case the Tribunal has not gotten to the stage to determine whether Defendant’s presence is necessary

▶Defence says that assuming without conceding that CCT is not bound by the High Court Orders refers to the Court of Appeal decisions and SC decisions earlier cited
▶Refers to Miscellaneous Tribunal of Inquiry v Okoroafor FWLR pt 81 in submitting that assuming this Tribunal is of coordinate jurisdiction as the FHC, FCTHC it still cannot overrule their decisions
▶Cites Section 246 (1) that says Appeals as of right lie from CCT to Court of Appeal. Refers also to Tribunal’s Ruling in CCT 01/ 2017 FRN v Sylvester Ngwuta where the Tribunal held that FRN v Ngajiwa decision is binding on it and upheld the principle of stare decisis
▶Distinguishes all cases cited by the Prosecution and and contends that they have no relevance to this matter. Describes the Ahmed v Ahmed case as a matter between husband and wife and touching on whether a public officer may engage in private business

▶Tribunal rises for 1 hour to rule on Defence application that Tribunal adjourn sine di

Tribunal is back
The various orders of the FHC & NIC is not binding on tribunal. Holds that Tribunal is established by Constitution to deal with breach of code of conduct to the exclusion of any other court
Any order from those Courts cannot stop CCT from proceeding as Constitution is Supreme
Relies on S 246 Constitution

▶Holds that CCT has unqualified original jurisdiction to determine breach of code of conduct Abubakar v Aliyu. Holds CCT ranks equal to FHC & NIC. Holds that CCT is of coordinate jurisdiction as the others
▶Says the persons who obtained the orders and busy bodies and in anycase are not before the CCT
▶Says by Section 306 of ACJA applications for stay of proceedings cannot be countenanced
▶Concludes that the Tribunal will not adjourn sine die
▶Points out that the process for removal of CCT Chair is more onerous than removal of President NIC & CJN. Says it goes to show how “powerful” the Tribunal is.
▶Therefore orders that Defence proceed to move their application challenging the jurisdiction.

▶Tribunal Holds further that issues in applications here are not new.
▶Holds that Tribunal has no other option but to agree with Defence that orders of NIC & FHC are binding until set aside
▶Holds that Jurisdiction remains unresolved and until it is resolved it will be dangerous to proceed with Prosecution’s application.
▶Concludes that the case on appeal should be allowed to take its course on 24 January
Defence Counsel Wole Olanipekun says he wants to file a case on the counter-affidavit and service to the client including other issues hence there is little time to continue on the issue of jurisdiction at CCT. He is asking for an adjournment.

Tribunal adjourns Charge to Monday, 28 January 2019 for Hearing of Defendant’s Preliminary Objection
▶RULING BY CCT MEMBER 1:
Member 1 now reading her Judgment. adopts Danladi’s Judgment as hers. Member 1 aligns with the Chairman’s decision consequently, defence application that the Tribunal adjourn sine die was refused

▶RULING BY CCT MEMBER 2:
Rules in favour of the Defence

▶Defence applies for adjournment as response to its Preliminary Objection was only served on Defence late yesterday and expresses intention to file a Further Affidavit and Reply Address in respect of same

▶Prosecution concedes that defence was only served yesterday but states intention to move application for Interim Preservatory orders ie that the CJN step aside in the interim

▶Tribunal asserts that issue of Jurisdiction must be settled first

▶Tribunal adjourns Charge to Monday, 28 January 2019 for Hearing of Defendant’s Preliminary Objection

Headline

Lagos-Calabar Coastal Highway: Prioritize Existing Unfinished Projects, Peter Obi Tells FG

Published

4 days ago

April 22, 2024

Eric

Mr. Peter Obi, the Labour Party’s presidential candidate in the 2023 general election, has advised the federal government to prioritize existing unfinished projects spread across the country instead of the Lagos-Calabar coastal highway project.

Obi, in a series of posts on X (formerly Twitter) on Monday, stated that the project was a misplaced priority given the numerous unfinished roads throughout the country.

The former governor of Anambra State mentioned that the budget allocated to the Ministry of Works is insufficient for significant progress on the country’s various unfinished roads, much less their completion.

Obi therefore, advised that the government prioritize the existing infrastructural projects in the country before embarking on any new and colossal projects like the Lagos-Calabar super highway project.

“The Federal Ministry of Works 2024 capital budget of N892,461,262,656.00, additional funding from multilateral loan projects of N94,828,535,243.00, alongside other expected contributions from sources like the China-Exim Bank and the World Bank, will not be enough for serious work on all the critical roads, some of which I enumerated above, let alone their completion.

So, why embark on another huge project that will not be completed in the next 20 or 30 years?

“To do so will only exacerbate the problem of abandoned, uncompleted projects that are not contributing to economic growth and overall development.

“Therefore, while acknowledging the potential benefits of coastal superhighway infrastructure, I urge prioritization of our existing uncompleted projects. We must allocate resources towards repairing and completing existing infrastructure.

“In any development formula, the primary focus should be on completing and rehabilitating existing infrastructure rather than embarking on colossal new projects that may never reach completion within the next 30 years,” Obi said.

Back in March, the Federal Government began constructing the 700-kilometer Lagos-Calabar Coastal Highway, designed to extend through 9 states with two spurs leading to the Northern States.

Recall that former Vice President, Atiku Abubakar, had earlier described the project as a fraud.

“Umahi had announced that Hitech would fully fund the project, and based on this, there was no competitive bidding. He (Umahi) then said that Hitech could only raise just 6% of the money for the pilot phase. This smacks of deceit,” Atiku said.

Headline

2027 Presidential Race: Opposition Parties Under Attack

Published

5 days ago

April 21, 2024

Eric

By Eric Elezuo

While it is still a whole three years before the next general election in 2027, The Boss has learnt that opposition parties in the countries are being muffled to pave the way for the ruling All Progressives Congress (APC) to return to, and retain power.

From the Peoples Democratic Party (PDP), to the Labour Party (LP), and down to the New Nigerian Peoples Paty (NNPP), crises have engulfed the rank and files, in what a source told this paper was the attempt and making of the ruling party, APC, to decimate, destabilize and make redundant the machineries of the opposition parties.

It is believed that by 2027, the apparatuses holding together the various opposition parties would have weakened irredeemably to the extent the country would seemingly nosedive into the inglorious one party state that every civil right advocate and democrats abhor.

It is alleged that all the crises in all the opposition parties are being engineered by the President Bola Tinubu-led ruling APC, with the hope of getting the fibres of their system weakened, thereby luring the members of the crisis-ridden parties into the APC.

Slightly one year after the last presidential election, the two major opposition platforms, Peoples Democratic Party (PDP) and the Labour Party, have separately been embroiled in a crisis of confidence which has diminished their capacity to provide viable opposition to the ruling All Progressives Congress (APC).

The crises in both opposition parties got to a head. The Labour Party led by its national chairman Julius Abure held its much-opposed national convention which was boycotted by its 2023 presidential candidate, Peter Obi; its only governor, Alex Otti of Abia State; federal and state lawmakers elected on its platform, and the organised Labour.

In the Labour Labour, members have been embroiled in endless battle of supremacy with a faction led by Mr. Apapa steadily contesting the leadership of Julius Abure.

Consequently, the presidential candidate of the party in the 2023 elections, Mr. Peter Obi, reverence as a leader in the fold, noting that whatever the party faces presently, that Nigeria’s problems are far bigger than the crises in his party.

The LP has been embroiled in crises — ranging from allegations of misappropriation of funds, and leadership tussle, to calls for the resignation of the party’s national chairman.

TheCable reported that “On March 27, the LP conducted a national convention in Anambra state where Julius Abure was re-elected as its national chairman.

Obi did not attend the convention, fuelling speculations that he may be mulling over ditching the LP for another platform.

Speaking during an appearance on HaveYourSay247, an interactive online session hosted by Rudolf Okonkwo over the weekend, Obi said he is confident that the crises rocking the LP will soon be resolved amicably.

“Whatever is happening in the Labour Party is so minute compared to what is happening in the country,” Obi said.

“So, for me, it is something we will resolve amicably, and it is not anything to worry about. Let us worry about the country.

“Let us worry about how the average Nigerian would be able to have a means of livelihood to be able to eat, that should be our worry.”

Obi said he has no interest in being the party’s leader but only to make sure things are done properly.

“I don’t see what I do in politics as being the leader of any place or not. My position is that just like I always say, I am not desperate to be president of Nigeria, I am desperate to see Nigeria work because I know it can work,” he added.

“We have a more desperate situation. Parties are just a means to be able to contest elections. What is important is that being a leader of a party does not reduce the price of food.

In the PDP, the shenanigans of former Rivers State Governor, Mr. Nyesom Wike, has practically kept the party in constant crisis with many observers concluding that the now Minister of the Federal Capital Territory (FCT) is working for the APC, and is just a mole in the PDP. Wike has denied the allegation, however,

But news filtered in last week as that the immediate past Governor of Rivers State, and Minister may have concluded plans to attend the much advertised National Executive Council (NEC) meeting of the main opposition party, the Peoples Democratic Party (PDP), billed to hold on Thursday, in Abuja.

Impeccable source, who is in the know, told The Boss that the minister, whose membership of the PDP is yet to be revoked even as he frolicks with the ruling All Progressives Congress (APC), and serving in the President Bola Tinubu government as a minister.

The Source told The Boss that Wike’s impending presence at the NEC meeting on Thursday was not unconnected with plans, already hatched with some governors, to weaken the opposition PDP.

“Yes, we have on good authority that FCT minister, Wike is planning to attend the NEC meeting tomorrow all in a bid to weaken the fabrics of the PDP, and pave the way for the continuation of the Tinubu administration come 2027, and by extension, relapse Nigeria to a full blown one party state.

“From every indication, Wike and his co-travellers, are bent on unleashing the same crisis ravaging the third force, Labour Party, and Senator Rabiu Kwankwaso’s Nigerian National People’s Party (NNPP) on the PDP for the APC to remain the only political party in the country, and ensure that Tinubu has no challenger, come 2027,” the Source said.

It would be recalled that Wike has boasted over and again that there’s no opposition against Tinubu’s re-emergence in 2027, and that they have made sure of that. He has been compensated with the Ministerial job after he withdrew support for his party, and supported the APC and Tinubu to emerge as national government.

The Source further revealed that in the attempt to actualize the intended one party state, a lot of funding is ongoing to ensure that concerned stakeholders are ‘settled’ handsomely.

Wike, prior, during and after the 2023 general elections, has been floating in between the two major political parties; the APC and the PDP. While he claim to still be a member of the PDP, he is functioning as a minister in an APC government, mocking the inability of his party to discipline him.

While political stakeholders concluded that the outcome of the Thursday’s PDP NEC meeting will determine the path Nigeria’s political trajectory will take, and that it may portend the end of multi-party system and political democracy if Wike succeeds in his plan; every page of what finally transpired at the meeting pointed to the fact.

The much touted removal of the party chairman, who is believed to be a crony of the Abuja minister, Damagum, retained his seat, with his executives.

“It is very clear to everyone that a lot of money politics is being played to cajole many loyal members of the party, forcing them into frustration, and eventually it of the party. The option afterwards, will be the APC. This, will for all intent and purpose actualize the intended one party state as an APC agenda.

The Musa Rabiu Kwankwaso-led NNPP is not faring better either. The only governor under their ticket, Abba Kabir Yusuf, just had the confidence of their party on him withdrawn. He was fighting for his political life until suddenly it was announced the the APC in Kano has collapsed its structure into the NNPP.

“This is just another APC strategy to actualize their hidden intentions. Time will reveal the very sinister agenda they harboring,” an analyst said.

Much as 2027 is still three years away, but intrigues are in play to render Nigeria a one party state, and perpetuate the APC in power. The three other opposition parties are basically under attack to bring to pass this unpopular agenda.

Headline

Akwa Ibom Government, Governor Umo Eno Receive Top Honors at the 10th Wonders of the World Expo in Lagos

Published

5 days ago

April 21, 2024

Admin

The Akwa Ibom State Government and Governor Pastor Umo Eno were recognized with Travellers Awards at the 10th Wonders of the World Expo in Lagos for their sustained enhancement of infrastructure, support for local talent, and dedication to investment in the tourism sector. The ceremony took place at the National Museum in Onikan, Lagos.

While Akwa Ibom won the Most Active Tourism State of the Year, Governor Eno was adjudged the most Tourism-Friendly Governor of the Year at the event that had Minister of Tourism, Mrs. Lola Ade John in attendance.

According to Amb. Ikechi Uko, Founder/Publisher of ATQ Magazine, the organizers of the event which is in its tenth edition, Akwa Ibom State won the top prize “in recognition of its valiant and resourceful efforts to drive and sustain domestic tourism by promoting the industry.

‘In 2023, Akwa Ibom was one of the states that hosted World Tourism Day (WTD ) events. The state also organized the famous Christmas Unplugged, which featured music, food, and cultures from all 31 LGAs as well as ensured friendly policies.”

While hoping that the Travellers Awards would spur Akwa Ibom to do more to dominate the domestic tourism industry, the organizers hoped that the state would gradually evolve into one of Nigeria’s top international tourism destinations.

That was not all, the state Commissioner of Culture and Tourism, Sir Charles Udoh was also recognized as one of the Top 100 Tourism Personalities in Nigeria for demonstrating exceptional leadership and innovation in the travel and tourism industry, while other Akwa Ibom indigenes and entity were also celebrated: Mrs. Ime Udo, Honorary Special Adviser to the Governor( Tourism) won Tourism Promoter of the Year, Favour Udo won Tourism Photographer of the Year, Loretta Effiong and Prince Uduak Sunday (Qua Tours) were listed among the Tourism Personalities of the Year and Ibom Air won Airline of the Year International.

In his remarks, Sir Charles Udoh, who represented the Governor at the event, thanked the organizers for the awards and noted that Akwa Ibom is certainly enjoying the golden era when it comes to tourism development. He stated that Governor Umo Eno is very keen on making Akwa Ibom a leading tourism destination with his programmes and policies.

He revealed that with the new Victor Attah International Airport nearing completion, the purchase of a ferry for the Oron-Calabar route, new developments along its coastline and the restoration work that will be done at all its major tourism sites, Akwa Ibom is well on the way to becoming the number one destination for all domestic and foreign tourists.

In her speech, Tourism Minister, Mrs. Ade John hailed the organizers for hosting the Expo, where practitioners were lectured by top experts while also rewarding those who have excelled in the past year.

She affirmed that her ministry is open to partnership with public and private sector operators, adding that tourism development can only be successful through collaborative efforts.

The event, which attracted leading and budding tourism professionals, also featured interactive and entertainment sessions.

Apart from Sir Charles Udoh and Mrs. Ime Udo, the Akwa Ibom State delegation, also included: Mr. Michael Effiong James, Senior Special Assistant (Lagos Liaison) to Governor, Mrs. Eme Bassey, Special Assistant to Governor (Lagos Liaison) and Akparawa John Offiong, Deputy Director ( Culture) Ministry of Culture and Tourism.

More photos below: