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Kashamu, Adebutu Disagree as Appeal Court Sets Aside Lower Court’s Order
The Court of Appeal in Ibadan, Oyo State, on Tuesday declined to pronounce either Senator Buruji Kashamu or a member of the House of Representatives, Oladipo Adebutu, as the governorship candidate of the Peoples Democratic Party in Ogun State.
But the court set aside the order granted by a Federal High Court in Abeokuta, directing the Independent National Electoral Commission to accept and process the list of Ogun State PDP candidates submitted to it by the Chief Adebayo Dayo-led faction of the party for the 2019 general elections.
The Court of Appeal panel resolved the four issues raised for determination in the appeal in favour of the PDP.
The PDP had dragged the Adebayo Dayo-led faction of the party in Ogun State to the appellate court to challenge the lower court’s judgment which ordered INEC to accept the group’s candidates
The PDP prayed the court to set aside the judgment on the grounds that it was not properly served before judgment was delivered and that the lower court judge was wrong in its judgment.
The Adebayo Dayo-led faction had produced Kashamu as the governorship candidate, while the rival group headed by Sikirulai Ogundele insisted that Adebutu was the candidate of the party.
In a unanimous decision, by the three-member appeal panel headed by Justice J. A. Bada, the court held that the order and all decisions arising from the October 2 ruling by Justice Abubakar Shittu of the Federal High Court, Abeokuta, were a nullity because the PDP and other defendants were not served the court processes culminating in the orders.
Justice H. S. Tsamani, in a lead judgment, said service was a fundamental requirement in any adjudication, stressing that proceedings and order made on a matter where the defendants were not served would remain a nullity.
Emeka Etiaba SAN, who is counsel for the PDP in the appeal, had argued at the hearing of the appeal on Monday that there was no service of processes originating from the decision of the lower court on the appellants whom he said were not given a fair hearing.
But respondents’ counsel, Dr Alex Izinyon, SAN, argued that service was effected and filed an affidavit of service sworn to by a bailiff as part of the proof of service.
The bailiff, Bayo Seinde, had sworn that he dumped the processes in the legal unit of the PDP in Wadata, Abuja, where he said he met some lawyers who, rather than accept the documents, said there was a general strike and refused to accept same.
But Justice Tsamani held that the claim by the bailiff in the affidavit showed clearly that the appellants were not served and agreed with the appellants that they were denied the right to be heard in the matter.
He said, “From the above analysis, I have no doubt that the process was not properly served. It is settled in law that where there is no service or proper service, the claimed service is a nullity and any decision based on that is a nullity. This puts the appellants in a situation where their fundamental human right for fair hearing is breached.”
Consequently, he declared the lower court’s decision a nullity. Both Justices Bada and N. Okoronkwo agreed with Justice H. S. Tsamani who read the lead judgment.
While the panel resolved all issues raised for determination in favour of the appellants, it ordered that the substantive matter be withdrawn from Justice Abubakar Shittu and re-assigned to another Judge by the Chief Judge of the Federal High Court.
Counsel for both claimants to the governorship ticket of the PDP in Ogun State differed in their interpretation of Tuesday’s judgment.
A representative of appellants’ counsel, Matthias Ikyzu, said Kashamu had ceased to be the governorship candidate of the PDP in Ogun.
He said Adebutu, whose name the PDP National Working Committee had earlier submitted to INEC before the order, would be restored by INEC.
But a representative of the respondents’ counsel, Mrs Ifeoma Esom, said Kashamu remained the PDP governorship candidate in the state, arguing that the decision of the Appeal Court did not affect Kashamu’s candidacy.
Adebutu in a statement by his media aide, Dayo Rufai, said there was no victor and no vanquished .
“Today’s judgment at the appeal court is a total victory for all PDP members in the state regardless of groups which existed within the party,” the statement read in part.
But Kashamu, who noted Adebutu had not been declared the PDP governorship candidate in the state, said he would head for the Supreme Court.
Kashamu in a statement by his media aide, Austin Oniyokor, said the PDP did not pray for the declaration of Adebutu as its governorship candidate.
The Punch
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Tinubu Presents N47.9trn 2025 Appropriation Bill to NASS
President Bola Tinubu, on Wednesday, presented the proposed 2025 federal budget to a joint session of the National Assembly.
The N47.9 trillion budget saw a whopping N3.5 trillion allocated to the education sector.
Other sectors that got higher allocations include defence and security – N4.91tn, infrastructure – N4.06tn and health – N2.4tn.
“It is with great pleasure that I lay before this distinguished joint session of the National Assembly, the 2025 Budget of the National Assembly of Nigeria titled, ‘The Restoration Budget’ security peace, building prosperity,” Tinubu said as he concluded his 30-minute presentation at 1:10pm.
This budget highlights the government’s focus on improving education, healthcare, and infrastructure, in line with its ‘Renewed Hope Agenda’ aimed at boosting the economy and addressing key national priorities.
The live broadcast of the budget presentation today revealed the government’s plans for the next fiscal year. With a strong emphasis on human capital development, the president highlighted the budget’s commitment to improving the nation’s economic foundation.
Education sector receives major funding
A significant portion of the 2025 budget is dedicated to education, with N3.5 trillion allocated to the sector. President Tinubu stated that part of this funding would be directed toward infrastructure development, including support for Universal Basic Education (UBEC) and the establishment of nine new higher educational institutions.
“We have made provision for N826.90 billion for infrastructural development in the education sector,” Tinubu said.
This allocation aims to improve educational facilities and support ongoing efforts to strengthen Nigeria’s educational system.
Focus on human capital development
During the presentation, the president emphasized the importance of investing in Nigeria’s human capital. “Human capital development, our people are our greatest resource. That is why we are breaking record investment in education, healthcare, our social services,” he remarked.
Tinubu also pointed to the N34 billion already disbursed through the Nigerian Education Loan Fund (NELFUND) to assist over 300,000 students.
The budget includes continued investments in healthcare and social services as part of the broader goal of enhancing the quality of life for Nigerians.
Strengthening the economy and national security
Tinubu highlighted that the 2025 budget is designed to build a robust economy while addressing critical sectors necessary for growth and security.
“This budget reflects the huge commitment to strengthening the foundation of a robust economy, while addressing the critical sectors essential for the growth and development we envision; and secure our nation,” he said.
The budget aims to tackle key challenges and foster long-term economic stability by prioritizing infrastructure and development in key sectors.
Healthcare and social services allocations
In addition to education, Tinubu focused on the allocation for healthcare and social services. The government plans to increase investments in healthcare infrastructure and services to ensure broader access to essential healthcare for Nigerians.
These investments are part of the administration’s strategy to improve overall living conditions and enhance public health across the country.
President Tinubu’s proposed 2025 budget is said to reflect the administration’s commitment to achieving its development objectives, with a focus on economic growth, human capital development, and infrastructure improvement.
As the National Assembly reviews the budget, the president reiterated his administration’s resolve to address the nation’s most pressing needs.
Source: Nairametrics
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Ghana’s President-elect Mahama Visits Tinubu in Abuja
Ghana’s President-Elect, Dr. John Dramani Mahama, a courtesy visit to President Bola Tinubu at his residence, Presidential Villa, State House on Monday.
Mahama won 56 percent of the votes in this month’s presidential election, compared to the ruling party candidate and Vice President Mahamudu Bawumia, who secured 41 percent.
The landslide comeback for former president Mahama ended eight years in power for the New Patriotic Party (NPP) under President Nana Akufo-Addo, whose last term was marked by Ghana’s worst economic turmoil in years, an IMF bailout and a debt default.
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I Stand by What I Said, Kemi Badenoch Replies VP Shettima
The leader of the United Kingdom’s Conservative Party, Kemi Badenoch, has lashed back at Vice President Kashim Shettima over the latter’s reaction to her comments about Nigeria.
Badenoch was born in the UK in 1980 to Nigerian Yoruba parents.
Badenoch, who attained age 16 in Nigeria before departing the country for the UK where she was elected Conservative Party’s leader, described Nigeria as a nation brimming with thieving politicians and insecurity.
However, Shettima, while speaking at the 10th Annual Migration Dialogue at the Presidential Villa in Abuja on Monday, December 9, 2024, accused Badenoch of “denigrating her country of origin” with her remarks.
The vice-president listed influential people whose families had migrated to other countries, commending former UK Prime Minister Rishi Sunak as a “brilliant young man who never denigrated his nation of ancestry.”
Reacting on Wednesday, Badenoch lashed back at Shettima, saying she doesn’t do “PR for Nigeria”.
Her spokesperson, as the Tory leader, according to UK Express, said: “Kemi is not interested in doing Nigeria’s PR; she is the Leader of the Opposition in the UK.
“She tells the truth; she tells it like it is; she isn’t going to couch her words. She stands by what she said.”
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