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

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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directing that the General Secetary should ensure that the application filed to join NBA as amicus is forthwith withdrawn at the CCT proceedings today.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

 

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Fubara Withdraws from Rivers APC Governorship Primary

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Rivers State Governor, Siminalayi Fubara, has announced his withdrawal from the All Progressives Congress governorship primary election in the state.

Fubara made this known in a statement personally signed on Wednesday, saying he would support whoever emerges as the party’s candidate, The Nations reported.

The governor said his decision followed extensive consultations with his family, friends, and political associates.

“After deep reflection and extensive consultations with my family, friends, and associates, I have taken the difficult but necessary decision to withdraw from the APC governorship primaries. I do so with a full heart and with a firm commitment to support whoever emerges as the candidate of our great party,” Fubara said.

The development comes amid ongoing political realignments ahead of the 2027 general elections in Rivers State.

Fubara said although the decision was difficult, he remained committed to supporting whoever would emerge as the APC governorship candidate.

According to him, leadership demands sacrifice and personal ambition must sometimes give way to the collective interest of the people.

“Rivers State is bigger than any individual, and at this critical moment, the peace, stability, and unity of our dear state must take precedence over every personal interest,” he said.

Meanwhile, the embattled governor expressed appreciation to his supporters for their loyalty, prayers and sacrifices throughout the political process, acknowledging that many would feel disappointed by his withdrawal.

He said his silence in recent weeks was “deliberate and strategic,” adding that it was guided by the higher interest of the state.

Tone Cole, APC chieftain and 2027 governorship aspirant in Rivers State, also announced his withdrawal from the race, saying his decision was, among other reasons, in the interest of the party’s unity.

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How Dele Momodu’s 66th Birthday, Leadership Lecture 3.0 Reshaped Pan-Africanism

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By Eric Elezuo

The Dele Momodu Leadership Centre in Ibadan, Oyo State came very much alive during the weekend as dignitaries, top government officials, well wishers and the general public turned up in their numbers to celebrate a man, who everyone agreed has contributed immensely to the socio-economic and political advancement of the African continent, Chief Dele Momodu, as he celebrates 66 years. The 2-in-1 occasion featured a down-to-earth lecture and an all-encompassing soiree that kept the guests in jolly good mood throughout the duration.

The venue of the event, the Leadership Centre, was apt as it set the stage for an intellectual discourse geared towards creating a new path for another round of African Renaissance. The lecture, in its third edition, was coming to the Ibadan centre for the first time. The first two were held at the Nigerian Institute of International Affairs (NIIA) in Victoria Island, Lagos. This marks the first time the lecture was leaving; its place of conception.

Located in the serene quarters of the Government Reserve Area of Alalubosa, in Ibadan, the Leadership Centre is a forethought of creativity, reorientation, capacity building, mental and leadership re-engineering as well as intellectual and technology transfer. It was the preferred choice to bring to the front burner, the vexing topic of xenophobia; a malaise that is fast threatening to consume the entire African continent, with an unenviable in South Africa; a country that survived the most ravaging effect of apartheid regime and brutal massacre of the majority black population.

The birthday lecture, anchored by notable journalist and author, Azu Arinze, was predicated upon the fact that if any nation of the world should be fearful of foreign neighbours co-habitabitng with them, it shouldn’t be South Africa. It shouldn’t be any African nation at all.

The lecture had the Director-General of the Nigerian Institute of International Affairs (NIIA), Prof Eghosa Emmanuel Osaghae, as the Guest Lecturer while the former Vice President of Liberia, Mrs. Jewel Howard-Taylor chaired the occasion. In addition, the Governor of Osun State, Senator Ademola Adeleke featured as the Special of Honour.

Themed Ignorance and the Danger of Xenophobia, the lecture highlighted the reason Pan-Africanism and barefaced Africanism need to be re-integrated into the regions political, economic and social life of the continent in view of barefaced distrust and threat to hurt one another.

In his matter-of-factly lecture, delivered extempore, Prof Osaghae went down memory lane to bring to the present reasons behind xenophobic activities, stressing that the continent is frowning at external xenophobia, nations have found 8t difficult to deal with internal xenophobia. He noted that xenophobia does not only thrive among individuals of different nations, but also manifold among those of same nation, only differentiated by tribe, language, and most times class.

Prof Osaghae maintained that until internal differentiation of people is checked, it will be difficult to arrest external xenophobia. He noted that using South Africa as a case study revealed that the practice of xenophobia is an agelong culture among the teibes, where no one of another city/tribe is allowed to established himself in a foreign land.

“Even where it is allowed, the said individual is warned against bringing his family members. He comes alone, and leaves when he has concluded the business that brought him there,” Osaghae explained.

He quoted former Tanzanian President, Julius Nyerere, who said that ‘it took the coming of the Europeans for Africans to know that they are one’ as result of the segregated life they have lived. The notion was that since these people are Europeans, then we are Africans.

He also referred to Marcus Garvey, who initiated Pan-Africanism with his Back to Africa Movement. The idea was you need to be in Africa to be an African. He said that one thing that has stood in the way of self actualization towards realizing that Africans are one, is ignorance. It is the same ignorance that has made it difficult for countries like South Africa to realise and remember the efforts African countries made towards their freedom.

Giving copious examples ranging from entertainment, music and football, the guest lecturer decried ignorance as stepping stone to full blown xenophobia, especially as ot is playing in South Africa.

Also speaking, the Chairman of the occasion, Mrs Howard-Taylor, noted the unfairness in the wrong treatment of fellow Africans in other countries within the African subregions, saying it is the greatest Africans can do to one another.

According to her, Africans are one, and should see themselves in that light. She condemned xenophobia in South Africa, and any other parts of Africa, pointing out that after what the the rest of Africa did for South Africa during the apartheid era, it is unhealthy to hear of attacks against fellow Africans.

Also speaking, the Governor of Osun State, who was the special Guest of Honour, lauded the birthday boy, Dele Momodu, appreciating for allowing his birthday party to be converted to a medium to educate all Africans.

The governor, who shared same month and year with the celebrant, appealed to all Africans to put the spirit of xenophobia behind them so the continent to forge one strong United States of Africa. He lauded Nigeria however, for being one of the world’s most accommodating people.

In his usual characteristics, the Governor led the guests in praises and exhibited a little of his dancing skills to further establish his sobriquet, the dancing governor, before he led everybody to rendering a happy birthday song for the celebrant.

In his vote of thanks, Chief Momodu appreciated the guests for turning in their number to listen to the lecture, and also celebrate him on his 66th birthday.

With the lecture concluded, the party moved to the open arena of the Centre, where guests were already seated for the mother of all entertainment, and were treated to local and continental cuisines with freeflow of choice beverages even delectable music maker and afro juju crooner, Sir Shina Peters serenaded the guests with hits from his various albums. The charged atmosphere caused guests; old and young to shuffle both feet and body to the classic rhythms of yesteryears and now.

Among dignitaries that attended the event were the Governor of Osun State, Senator Ademola Adeleke; Deputy Governor of Osun State, Kola Adewusi, Chairman, Biscon, Prince Olatilo, Wife of the Ooni of Ife, Olori Aderonke Ogunwusi, Olajumoke Fadeyi, SSA (Lagos Liaison) to Akwa Ibom State Governor, Mr. Michael Effiong, MD, MicCom Wires and Cables, Biodun Ponnle, SA to Osun Governor, Seyi Orolugbagbe, Sir Shina Peters, Editor, Ovation International, Eric Elezuo, Dr. Sani Sa’idu Baba, Ghana-born International Broadcaster, Natalie Fort, Mayor Akinpelu, Eniafe Momodu and a host of others.

Born on May 16, 1960, Dele Momodu, who was trained by his ‘unlettered’ mum, has come of age in carving a niche for himself, not only in Nigeria, but across the world.

He started the Dele Momodu Leadership Lecture in 2024, when Professor Barth Nnaji spoke need to make energy/power available to citizens to 2025 when as the Guest Lecturer, former President Olusegun Obasanjo, delivered an outstanding expose on making food available to the generality of the population. The first two editions were held at the NIIA in Lagos.

Dele Momodu is happily married to his wife, Bolaji, and they are blessed with four boy-children.

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Dickson Defends NDC Registration, Dismisses Irregularities Allegations

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National Leader of the Nigerian Democratic Congress (NDC), Seriake Dickson, has defended the legitimacy of the party’s registration, dismissing allegations of irregularities and urging Nigerians to ignore what he described as propaganda.

Dickson, a former Bayelsa State governor, in a X post on Monday said the party’s formation was the result of a long-standing process dating back to 2017, contrary to claims that it was recently granted recognition without due procedure.

“For the record, the annexures show that we initiated the registration process for the NDC as far back as 2017 and that INEC granted approval at that time before the process was halted,” he said.

He added that the party revisited and updated its application when the Independent National Electoral Commission resumed registration of political associations.

Dickson’s comments come amid controversy triggered by allegations from Umar Ardo, convener of the League of Northern Democrats and promoter of the All Democratic Alliance, who accused the electoral body of unlawfully registering the NDC in violation of constitutional provisions and its own guidelines on DCL Hausa.

Ardo claimed that while his group and others met all requirements for registration, they were ignored, whereas the NDC was allegedly recognised under questionable circumstances.

“The reason is that NDC obtained registration without applying, without meeting the requirements set by law, without meeting the provisions of the Nigerian Constitution, and without meeting INEC’s guidelines,” Ardo said during an interview.

However, Dickson rejected the claims, insisting that the party followed due process and warning that misinformation should not distract from its objectives.

“With my experience in politics, I am fully aware that an ambitious project of this nature will attract distractions—rumours, gossip, propaganda, and even blackmail,” he said.

He urged Nigerians to remain focused on what he described as the party’s broader vision of national renewal.

The development comes amid growing political realignments ahead of the 2027 general elections, following the defection of key opposition figures including Peter Obi and Rabiu Musa Kwankwaso to the NDC.

Dickson described their entry into the party as part of a broader coalition-building effort aimed at creating a strong ideological platform.

“What we are witnessing is a powerful convergence: my role as a party organiser and builder, alongside two political heavyweights with immense grassroots support, popularity and political experience,” he said.

He added that the party aims to build a durable political institution comparable to established global parties.

“As I have consistently stated, our goal in the NDC is to build an ideological political party, one that can be compared to the ANC in its finest years in South Africa, as well as established political parties across Europe, America, India and even the Communist Party of China,” he said.

Dickson also highlighted the party’s focus on youth and women, describing the NDC as a platform designed to promote inclusion and mentorship.

“The NDC is a party with a special place for young people and women, one that prioritises mentorship and prepares citizens for service,” he said.

He called on Nigerians to join the party and participate actively in its activities, including contesting elections.

“I call on all Nigerians to join the NDC, register, participate, and contest elections. Together, let us reclaim and rebuild our country,” he added.

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