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Only 73 or More Senators Can Remove Saraki, Say Falana, Olanipekun, Ozekhome, Others

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Nigerian legal luminaries have learnt their voices to the impeachment saga rocking the Senate, saying it would take about 73 senators or more to remove the Senate President or his deputy from office by virtue of Section 50(2)(c) of the Constitution.

According to Sunday Punch, some of the legal experts who spoke on the issue are Mr. Femi Falana (SAN), Wole Olanipekun (SAN), Ifedayo Adedipe (SAN), and Chief Mike Ozekhome (SAN).

Others are, Kayinsola Ajayi (SAN), Fidelis Oditah (SAN), Mr. Norrison Quakers (SAN), and Mr. Roland Otaru (SAN).

They insisted that Section 50(2)(c) of the Constitution referred to two-thirds of the 109 senators as opposed to two-thirds of those present on the floor, to legally impeach any presiding officer of a legislature.

Olanipekun urged Nigerians to respect the rule of law instead of always trying to undermine the constitution.

The former president of the Nigeria Bar Association, whose chambers handled the celebrated case of, Abegunde Vs Ondo State House of Assembly, and the upturning of the impeachment of former Governor Rashidi Ladoja, said the Supreme Court had ruled on the case of processes in legislative houses and how persons can be impeached.

He said, “Those arguing the matter should look at the celebrated case in which the impeachment of Ladoja was nullified. They should read the Supreme Court decision on the case that brought Peter Obi back as governor as well as that of former Governor Joshua Dariye.

“For me, it is very straightforward and I want to believe that what is going on is that we don’t respect the judgments of the Supreme Court. In civilised climes, once the apex court has given a decision on a subject, you don’t argue it even if you don’t agree. It is like solving a mathematical equation.

“On what is two thirds as envisaged by the constitution, the Supreme Court agreed with us that it refers to the total number of members as demanded by the constitution and not a fraction.”

Ozekhome said, “It will take 73 senators, not 24, to remove Dr Bukola Saraki as Senate President. Section 50(2)(c) of the Constitution did not talk of members present and voting.

He added that the Court of Appeal had laid the debate to rest in the case of the National Assembly v The President, FRN (2003), where Justice George Oguntade (retd.) held in the lead judgment that, “In order to override the President’s veto, there must be at least 73 members in the Senate and at least 240 members in the House of Representatives.”

Also, two professors of Law and senior advocates of Nigeria, Kayinsola Ajayi and Fidelis Oditah (QC), said the two-thirds referred to by the Constitution was two-thirds of 109 senators.

Oditah said, “The section states that it is two-thirds of members, which, prima facie, means two-thirds of 109.

The SAN noted that with the way the law was structured, it was “virtually impossible to remove an erring Senate President.”

Ajayi, who also aligned his thoughts with that of both Ozekhome and Oditah, said it would take two-thirds of “all living senators” to remove the Senate President.

Similarly, Otaru argued that the two-thirds majority provided for in the constitution is that of all the members of the Senate and not just a fraction.

He said, “This has been given judicial interpretation in the case of Asogwa vs Chukwu (2003) 4 NWLR PT 811 Page 540, where the Court of Appeal interpreted the provisions of Sections 101 & 102 of the 1999 constitution as it relates to the removal of the Speaker of the House.

Speaking with one of our correspondents, Falana said the Senate President can only be removed by two thirds of the entire Senate and not just two thirds of the members present.

He said the case had been decided by the Court of Appeal and the matter had not been challenged.

On his own part, Adedipe, urged the Federal Government and the ruling party to adhere to the rule of law.

He said, “The constitution is not something you tamper with. It lays down the framework for governance and it is not unmindful of the peccadilloes of our people. If it were to be two thirds of members present, nothing would prevent 20 senators from impeaching the Senate President.

The Punch

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Ezekiel Bolarinwa Ajayi: Mentor, Philanthropist Revels at 80

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By Eric Elezuo

The ancient town of Ile-Ife was agog weekend, when Professor Ezekiel Bolarinwa Oladele Ajayi, a renowned educationist, accomplished mentor and elder brother of veteran journalist, Dele Momodu, pulled all the stops to mark a resounding entry into the octogenarian club, celebrating his 80th birthday with fanfare, pomp and class.

The event, which attracted family members, colleagues in the academic world, friends and well wishers, was another testament in the expression of influence, clout and connection.

Held at the Rock Rehoboth Cathedral in the centre of Ile-Ife, the event brought out the best in the Stanford trained PHD holder, as beamed with contagious smiles, absorbing accolades from a crowd of well wishers and dignitaries, most of whom traveled half  way across the world to felicitate with the newest octogenarian.

A lavished reception followed after heartfelt prayers were said for the celebrant flanked by his wife of many years, children and grandchildren. The reception witnessed guests savoring the best of continental and local delicacies as well as dancing happily to the old school tunes.

The highpoint of the event was the cutting of the gigantic cake by the birthday boy around whom were dotting family members.

As guests expressed their profound, hearty and sincere congratulations towards the octogenarian, whose event changed the landscape of Ife, many recalled how they have come a long way from their very humble beginning in Gbongan Olufi.

Fondly called Ladele, Prof Ajayi was born on March 23, 1944 in Gbongan, Osun State, where he had his earliest beginnings.

He statted his education at the Saint Paul’s School Gbongan, before moving on to Saint Judes School, Ebute Metta, and later to Saint Stephens School, Ile-Ife, where he completed his primary education.

After his elementary education, he was admitted into the Government College lbadan, where he was described as having  ‘passed out in exceedingly bright colours’. As many that knows him has confirmed that Prof Ajayi was a walking encyclopedia, and vibrated with intelligence while at school.

It was not therefore, surprising that he later proceeded to the United States of America, after his secondary education, where he attended various prestigious Universities including Stanford University. It is worthy of note that all his appearances for university education were on different scholarships. It was also at Stanford that he bagged his PhD honours.

On the completion of his PhD programme in Stanford, Prof Ajayi was recruited by the University of Ife, as it was then known, before its transmutation to Obafemi Awolowo University, where he later became a Professor of Physics, a position he jealousy guarded until retirement from active classroom duties.

According to a very close family member and confidant, Bola Adeyemo, who spoke glowingly about their fond relationship, Prof Ajayi “also became active in things of God. Like a proverbial gold fish, he has been recognized as a Pastor. Ladele played a mentoring role in the final years of school for my twin daughters who both graduated from the medicine program in the same University.

“The mutual fondness between Ladele and I remains very much intact. Ladele and l share common ancestry. His father who was the Otun Olufi of Gɓongan was a much older cousin to my mother and was fondly referred to as baba mi ile ASORO. They both had the same tribal marks. Ladele can be classified as belonging to the royal class as his father was the OTUN OLUFI while his mother was the daughter of the ÒOSA, first class chief in Gbongan.”

A life of Prof Ajayi without a mention of prolific publisher of the Ovation brands,  Chief Momodu, remains incomplete. It is worthy of note that apart from both sharing the same mum as siblings, the Prof was instrumental in shaping and mentally mentoring Momodu on the path of education. His 80th birthday was a reminder of how it used to be in times past as it marks a form of reunion for the Ajayi extended household.

Among those who attended were his daughter, Kemi Ajayi-Ingram, who flew in all the way from the United States of America, with her entire family; his niece, Yejide Ajayi among a host of others.

We wish the ebullient octogenarian a splendid birthday, and many ore years of splendid celebrations.

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Easter, Ramadan: Adeleke Releases March Salaries, Pension, Palliatives, Approves Promotion for Personnel

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Osun State Governor, Ademola Adeleke, has approved the release of salaries, pensions and palliatives for the month of March for all public servants in the state, as well as approved the promotion of service personnel due for promotion from 2023.

Adeleke’s show of love for the entire workforce, is in spite of the fact that the State allocation from the Federation account is yet to be released, according to a statement signed by the governor’s spokesperson, Mallam Olawale Rasheed.

The Head of Service, Mr Samuel Ayanleye Aina confirmed the approval of the March salaries, pension and palliatives, noting that the fast tracked approval covered all categories of state and local government employees including tertiary institutions in the State.

“I can confirm that Mr Governor has approved the March salaries, pension and palliative wage awards, including the usual payment of the outstanding half salary for retirees under the contributory pension scheme yet to obtain their bonds. Mr Governor requested for the file and granted immediate approval.

“Any moment from now, alerts will be landing in our peoples’ accounts. This is a preemptive step on the part of Mr Governor to meet the needs of our people”, the Head of Service explained.

Governor Adeleke who has been hosting inter faith leaders at the Government House said he approved the early payment to ease the burden of the workers ahead of the Easter period.

“As I wish muslim and christian faithfuls blessed fasting season, the early payment is a gesture of support for workers whose welfare remains the number one priority of our administration”, the Governor noted.

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FG Announces Nine Individuals, Six BDCs Financing Terrorism

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The Federal Government says it has uncovered the identity of 15 entities, including nine individuals and six Bureau De Change operators and firms, allegedly involved in terrorism financing.

Details of the development were revealed by the Nigerian Financial Intelligence Unit, in an email seen by The Punch on Tuesday night, entitled “Designation of Individuals and Entities for March 18, 2024.”

The document revealed that the Nigeria Sanctions Committee met on March 18, 2024, where specific individuals and entities were recommended for sanction following their involvement in terrorism financing.

“The Honourable Attorney General of the Federation, with the approval of the President, has thereupon designated the following individuals and entities to be listed on the Nigeria Sanctions List,” the document read in part.

Among the individuals named in the document was a Kaduna-based publisher, Tukur Mamu, who is currently being tried by the Federal Government for allegedly aiding the terrorists who attacked the Abuja-Kaduna train in March 2022.

According to the document, Mamu “participated in the financing of terrorism by receiving and delivering ransom payments over the sum of $200,000 US in support of ISWAP terrorists for the release of hostages of the Abuja-Kaduna train attack.”

The document said one of the individuals is “the suspected attacker of the St. Francis Catholic Church Owo, Ondo State on June 5, 2022 and the Kuje Correctional Center, Abuja on July 5, 2022.”

Another was described as “a member of the terrorist group Ansarul Muslimina Fi Biladissudam, the group is associated with Al-Qaeda in the Islamic Maghreb.

 “The subject was trained and served under Muktar Belmokhtar, aka One Eyed Out, led Al-Murabtoun Katibat of AQIM in Algeria and Mali.”

The NFIU said the individual “specialises in designing terrorist clandestine communication code and he is also Improvised Explosive Device expert.

“The subject was also a gate keeper to ANSARU leader, Mohammed Usman aka Khalid Al-Bamawi. Equally, he was a courier and travel guide to AQIM Katibat in the desert of Algeria and Mali. He is into carpentry. Subject fled Kuje correctional centre on July 5, 2022. He is currently at large.”

Another was identified as “a senior commander of the Islamic State of West Africa Province Okene.”

The agency said, the individual “came into limelight in 2012 as North Central wing of Boko Haram.

“The group is suspected of the attacks carried out around Federal Capital Territory and the South West Geographical Zone, including the June 5, 2022 attack on St. Francis Catholic Church, Owo, Ondo State.”

Another was described as “a financial courier to ISWAP Okene. She is responsible for the disbursement of funds to the widows/wives of the terrorist fighters of the group.”

According to the document, another of the individuals “in 2015, transferred N60m to terrorism convicts.”

He was also said to have “received a sum of N189m  between 2016 and 2018.”

The same person is said to “own entities and business reported in the UAE court judgment as facilitating the transfer of terrorist funds from Dubai to Nigeria.”

Another individual was said to have “received a total of N57m from between 2014 and 2017.”

Another was said to have “had a total inflow of N61.4 bn and a total outflow of N51.7bn from his accounts.”

The document further revealed that, in accordance with Section 54 of the Terrorism (Prevention and Prohibition) Act, 2022, institutions and individuals are required to:

“(a) immediately, identify and freeze, without prior notice, all funds, assets, and any other economic resources belonging to the designated persons and entities in your possession and report same to the Sanctions Committee;

“(b) report to the Sanctions Committee any assets frozen or actions taken in compliance with the prohibition requirements.

“(c) immediately file a Suspicious Transactions Report to the NFIU for further analysis on the financial activities of such an individual or entity; and

“(d) report as a Suspicious Transactions Report to the NFIU, all cases of name matching in financial transactions prior to or after receipt of this List. ”

It said the “The freezing obligation required above shall extend to

“(a) all funds or other assets that are owned or controlled by the designated persons and entities, and not only those that are tied to a particular act, plot, or threat of terrorism or terrorism financing;

“(b) those funds or other assets that are wholly or jointly owned or controlled, directly or indirectly, by designated persons or entities;

“(c) the funds or other assets derived or generated from funds or other assets owned or controlled directly or indirectly by designated persons or entities; and

“(d) funds or other assets of persons and entities acting on behalf of, or at the direction of designated persons or entities.”

The Punch

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