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Exclusive: Buhari’s Constitutional Breaches: Atiku Writes Foreign Missions in Nigeria (See Full Letter)

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By Eric Elezuo
The Presidential Candidate of the Peoples Democratic Party and former Vice President, Alhaji Atiku Abubakar, has written to foreign missions in Nigeria alleging gross constitutional breaches under the administration of President Muhammadu Buhari.
The former Vice President, the letter dated January 27, 2019, and made available to The Boss, and addressed to the Ambassadors of France, Germany, European Union, United States of America and the United Kingdom High Commissioner identified such areas of constitutional breaches to include the suspension of the Chief Justice of the Nation, Mr. Walter Onnoghen, illegal purchase of the Tucano Aircrafts, disregards of orders of courts with special emphasis on the incarceration of El-Zakzaky, Dasuki Sambo and others, approval of $1 billion for military expenditure before approaching the National Assembly, signing of executive order No 6 etc.
Below is the detailed letter: 
Constitutional Breaches Under The Watch Of President Muhammadu Buhari
Abuja, Nigeria, 29 Jan, 2019: Being a letter written by HE Atiku Abubakar to the Ambassadors of France, Germany, EU, Us and UK High Commissioner.
                                                                                                       January 27, 2019

Dear Your Excellency,

CONSTITUTIONAL BREACHES UNDER THE WATCH OF PRESIDENT MUHAMMADU BUHARI

I have chosen to write this letter to Your Excellency for the enviable role that your country plays as champion of Democracy and the Rule of Law. I am also writing you as Nigeria’s international development partner working together to deepen and strengthen our democracy as well as to help in the transformation of our economies and societies for the better.

President Muhammadu Buhari is threatening our democracy by serially breaching the provisions of our constitution and undermining organs and institutions of State in order to advance his personal interest. While the President has ironically taken oath to safeguard and defend the Constitution of the Federal Republic of Nigeria, the reality of his selective and wanton violations of its provisions means that his oath is observed only in the breach.

And as Your Excellency very much knows, respect for the rule of law is integral to promoting and preserving the values and principles of democracy. Sadly, however, by the actions of the government of President Muhammadu Buhari, one is forced to think otherwise.

As a Presidential Candidate in the forthcoming General Elections that will be conducted and supervised by the Government of President Muhammadu Buhari, I feel the urgent need to share with you some of these key violations of the provisions of our constitution and to demand that you pile pressure on the Federal Government to desist from these violations and ensure a level playing field for the General Elections that are only a couple of weeks away. We acknowledge with profound appreciation the positions taken by some members of the International Community in Nigeria and urge Your Excellency to add your country’s very strong voice against these breaches of Nigeria’s constitution. Your Voice is very important to the survival of Nigeria’s democracy.

Some of these constitutional infractions are highlighted below for your information and action as you may deem appropriate. 

1.       The Purported Suspension of CJN Onnoghen

On Friday, January 25, 2019, our nation woke up to the shocking news of the unilateral and extra-constitutional suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen and the immediate appointment and swearing in of Justice Ibrahim Tanko Muhammad, as the new acting Chief Justice of Nigeria (CJN). This action of President Muhammadu Buhari, not only breaches the Nigerian Constitution, but has also managed to undermine Presidential democracy by assaulting one of its hallowed doctrines of separation of Powers. For the records, Justice Walter Onnoghen is the head of one of the Tripartite but mutually independent organs that form the government of the Federal Republic of Nigeria. To attempt to muscle out the Chief Justice of Nigeria using phony charges at a time when His Lordship was primed to play a central role in the fast approaching nationwide electoral process represents the boldest steps in the march to undermine our democracy. This is undoubtedly an anti-democratic act which my political Party and I reject without reservation and for which I urge Your Excellency to condemn unequivocally.

Need I say, this brazen authoritarian and imperious stride of President Buhari is the latest action in a series of carefully planned onslaught on our nation’s hard earned democracy by an extremely power hungry and anxious President and the cabal that feeds fat around him as February 16, 2019 draws nearer.

 

The fact that the unlawful suspension of Chief Justice Walter Onnoghen was announced just as it became public knowledge that the CJN was constituting the election petition tribunals is not lost on discerning Nigerians and the international community. This act of desperation is geared towards affecting the outcome of the 2019 Presidential elections. Indeed, it is not just the CJN that has been “suspended”, it is the Nigerian Constitution that has been infracted and, in effect, suspended, under the guise of the suspension of the CJN.

 

The case involving the legality or otherwise of the charges against Chief Justice Walter Onnoghen is in court, as it should be. So far, the judiciary has ruled in Justice Onnoghen’s favour. So, why not allow the court to adjudicate on the matter? What is the pressing urgency about this matter?

 

Let me therefore take the opportunity of this letter to urge your country and all well-meaning members of the International community to mount pressure on this government and all its anti-democracy functionaries know that their actions will have consequences. Strong consequences.

 

2.       The illegal purchase of the Tucano Aircrafts:

President Buhari sometime in April 2018 approved the purchase of Tucano Aircrafts for the Nigerian Military at the sum of $496 million (Four Hundred and Ninety-Six Million United States Dollars). This, he did, without seeking prior approval of the National Assembly contrary to Section 80 (3) and (4) of the 1999 Constitution (as amended) which states very clearly, how the President can spend monies belonging to the Federation. It provides:

“(3) No money shall be withdrawn from the Consolidated Revenue Fund or any other public fund of the Federation, except in the manner prescribed by the National Assembly.”

“(4) No monies shall be withdrawn from the Consolidated Revenue Fund or any other public fund of the Federation, except in the manner prescribed by the National Assembly”

3.       Disregard for Orders of Courts:

The Muhammadu Buhari administration has serially violated court orders, going against the rule of law especially in three known cases.

a.       Col. Sambo Dasuki (Former National Security Adviser): Various courts have granted Col. Dasuki bail on at least six different occasions; the Buhari led government has persistently refused to comply with the court orders.

·         Federal High Court in Abuja presided by Justice Adeniyi Ademola in 2015 ordered the release of Col. Dasuki’s passport and granted him permission to travel abroad for three weeks on medical grounds. Despite the order made on November 3, the Department of State Security Services, SSS refused to release Col. Dasuki.

·         Again, the former NSA and four others were granted bail on December 18, 2015 on a similar condition with a N250 million bond by Justice Hussein-Baba Yusuf.

·         Similarly, the former NSA; a former Minister of State for Finance, Bashir Yuguda; former Sokoto Governor, Attahiru Bafarawa; ‎and three others were granted bail by Justice Peter Affen on December 21, 2015 by the Federal Capital Territory High Court in the sum of N250 million each and two sureties in like sum. The Federal Government cherry-picked the order whilst disobeying the part that concerned the former NSA.

·         The ECOWAS Court presided by Honorable Justice F.C. Nwoke on October 4 2016 granted the former NSA bail and ordered the Nigerian Government to pay N15 Million to the defendant as damages for his “illegal and arbitrary detention”.

·         On 17 January 2018, a Federal High Court sitting in Abuja reaffirmed previous court orders granting Col. Dasuki bail.

·         Also on April 6, 2018 the Abuja Division of the Federal High Court affirmed, for the umpteenth time, its decision for the release of Col. Dasuki.

b.       Ibraheem El-Zakzaky, Leader of a Shiite Group, IMN:

·         Sheikh El-Zakzaky has been in detention without trial for over 3years after his followers were massacred in broad daylight; his wife and family killed and his home burnt, in a gory and shameful show of brute force by the Nigerian Army. This particular state violence is nothing short of genocide.

·         On December 2, 2016 the Abuja Division of the Federal High Court Presided by Justice Kolawole ordered the release of Sheikh El-Zakzaky and berated the Nigerian government for violating his rights.

4.       The approval of $1 billion for military expenditure before approaching the National Assembly:

The Nigerian government through the National Economic Council NEC, again in contravention of Section 80 (3) and (4) of the 1999 Constitution (as amended), granted approval for the release of $1 billion from the Excess Crude Account, ECA, for the procurement of military hardware and other equipment to fight insecurity in the country, ahead of the 2019 General Elections without recourse to the National Assembly. Mansur Dan-Ali, Nigeria’s Defense Minister disclosed this at the end of security chiefs meeting with President Muhammadu Buhari at the Presidential Villa, Abuja, on Wednesday, April 4, 2018. By this act, the Federal Government acted contrary to the provisions of the Section 80 (3) and (4) of the 1999 Constitution, which states:

“(3) No monies shall be withdrawn from any public fund of the Federation, other than the Consolidated Revenue Fund of the Federation, unless the issue of those moneys has been authorized by an Act of the National Assembly.

5.Executive Order No. 006 (On Preservation of Suspicious Assets and Related Schedules):

The enactment of the controversial Executive Order No. 006 as an Executive legislation which permits security agencies to freeze the assets of persons standing trial or undergoing investigation without recourse to court orders. This is a usurpation of legislative and judicial powers of the National Assembly and the judiciary as enshrined respectively under sections 4 and 6 of the Constitution of the Federal Republic of Nigeria and reminiscent of the military era of decrees.

The above, and many more that did not make it into this very short letter, are the unfortunate actions of the Government of a man who merely pays lip service to being a reformed democrat.

General Elections are upon us yet again. I urge you to partner with Nigerians to defend our constitution and play an active role in building our country. The choices facing all of us is either to stand aside and watch Nigerians reelect a President who has been in constant violation of the laws of the land without remorse; or to support them show him the way out and elect a true democrat. We must send a clear message that the Nigerian Nation is bigger than any individual.

Even if Nigerians opted not to elect me as President, the incumbent must go into the polls on his own record of lack of respect for the Rule of Law and not on the spurious perception of his “Integrity”. We need to set precedence for successive leaders not to take democratic mandate for granted.

Sincerely,

Atiku Abubakar, GCON

(Waziri Adamawa)

Former Vice President of the Federal Republic of Nigeria and Presidential Candidate of the Peoples Democratic Party (PDP)

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Why Nigerians Must Reject INEC’s Revised Timetable – ADC

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By Eric Elezuo

The Independent National Electoral Commission (INEC), during the week, released a fresh elections timetable, with major amendments to accommodate the just passed and signed Electoral Act 2026 by the National Assembly and President Bola Tinubu respectively.

Following the repeal of the Electoral Act, 2022 and the enactment of the Electoral Act, 2026, which introduced adjustments to statutory timelines governing pre-election and electoral activities, the Commission has reviewed and realigned the Schedule to ensure full compliance with the new legal framework.

Accordingly, the Commission has resolved as follows:

  1. Presidential and National Assembly Elections will now hold on Saturday, 16th January 2027 as against the earlier stated February 20, 2027
  2. Governorship and State Houses of Assembly Elections will now hold on Saturday, 6th February 2027 as against the former date of March 6, 2027

Also in accordance with the approved Schedule of Activities, the electoral bidy noted in the revised timetable that:

Conduct of Party Primaries, including resolution of disputes arising from primaries, will commence on 23rd April 2026 and end on 30th May 2026.

Presidential and National Assembly campaigns will commence on 19th August 2026.

Governorship and State Houses of Assembly campaigns will commence on 9th September 2026.

As provided by law, campaigns shall end 24 hours before Election Day. Political parties are strongly advised to adhere strictly to these timelines. The Commission will enforce compliance with the law.

But in a swift reaction, the opposition coalition, African Democratic Congress (ADC), rejected the revised 2026–2027 general election timetable, describing it as a politically biased schedule designed to favour the re-election agenda of President Bola Tinubu, and calling on all Nigerians to speak up enmasse to reject the revised timetable.

The ADC, in a statement by its National Publicity Secretary, Bolaji Abdullahi, on Friday argued that the new deadlines and compliance requirements under the Electoral Act 2026 create near-impossible hurdles for opposition parties seeking to field candidates.

On February 13, INEC initially scheduled the 2027 Presidential and National Assembly elections for February 20, 2027, while the Governorship and State Houses of Assembly elections were fixed for March 6, 2027.

The timetable, however, faced objections from some Muslim stakeholders who noted that the dates coincided with the 2027 Ramadan period.

Following the concerns, the National Assembly amended Clause 28 of the Electoral Act Amendment Bill, reducing the required election notice period from 360 to 300 days, allowing INEC to adjust the election dates.

Subsequently, INEC released a revised schedule on Thursday, signed by its Chairman, Joash Amupitan, moving the Presidential and National Assembly elections to January 16, 2027, and the Governorship and State Houses of Assembly elections to February 6, 2027.

Reacting, the ADC said the requirement that political parties submit a comprehensive digital membership register by April 2, 2026, effectively bars opposition parties from participating.

The party stated: “The African Democratic Congress rejects the updated 2026–2027 electoral timetable released by the Independent National Electoral Commission. What has been presented as a routine administrative schedule of the upcoming general elections is, in fact, a political instrument carefully structured to narrow democratic space and strengthen the incumbent administration ahead of the 2027 general elections.

“According to the timetable, party primaries are to be conducted between April 23 and May 30, 2026, just 55 to 92 days from today. However, more significant is that, pursuant to Section 77(4) of the Electoral Act 2026, political parties are required to submit their digital membership registers to INEC not later than April 2, 2026.

“That is only about 34 days away. Section 77(7) further provides that any party that fails to submit its membership register within the stipulated time shall not be eligible to field a candidate. These are not routine administrative rules but are deliberately constructed barriers designed to exclude the opposition from participating in the election.”

The party further noted that Section 77(2) of the Electoral Act 2026 requires the digital register of members to contain name, sex, date of birth, address, state, local government, ward, polling unit, National Identification Number (NIN) and photograph in both hard and soft copies, while Section 77(6) prohibits the use of any pre-existing register that does not contain the specified information. It warned that failure to meet these requirements would lead to disqualification.

The ADC questioned the fairness of the digital membership requirement, noting that the ruling All Progressives Congress began its registration process in February 2025, long before the requirement became mandatory.

“It is not a product of foresight but insider advantage. They knew what was coming. They therefore had one full year to carry out an exercise that other political parties are expected to complete in one month, during which they must collect, process, collate and transmit large volumes of digital data to INEC under the threat of exclusion. This is practically impossible.

“Democratic competition is based on a level playing field that does not give any contestant an undue advantage. A system where one party exploits incumbency to gain a one-year head start on a requirement that other parties only became aware of when it was nearly too late is a rigged system.”

The ADC said it has joined other opposition parties in rejecting the Electoral Act 2026, adding that the INEC timetable is equally rejected as it appears designed to serve what it described as a self-succession agenda.

“Let it be clear that ADC will not take any action that appears to confer legitimacy on a fraudulent system. We are reviewing our options and will make our position known in the coming days,” the party said.

The party also called on civil society organisations, democratic stakeholders and Nigerians to scrutinise the timetable and demand fairness, stressing that democracy cannot survive when electoral rules are structured to produce predetermined outcomes.

The party has consistently accused the Tinubu-led All Progressives Congress (APC) of scheming to silence the opposition as the 2027 General Elections draw closer, citing his manipulation of state governors and Assembly members from jumping ship, and settling with the ruling party.

Presently, the president’s party has a total of 31 out of 36 states governors, more than majority of the national and states Houses of Assembly.

A frontline publisher and chieftain of the ADC, Chief Dele Momodu, has warned that Tinubu is gradually transforming into full-blown dictatorship, stressing that his second term in office would turn state governors into ‘total slaves’.

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Second Term for Tinubu Will Turn Governors into Total Slaves, Dele Momodu Warns

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Chairman, Ovation Media Group, and former presidential aspirant, Aare Dele Momodu, has expressed strong concern over what he described as growing political support for President Bola Ahmed Tinubu among state governors across the country.

Speaking during an interview on News Central TV, Momodu said he was shocked by the level of backing the president is reportedly receiving, warning that Nigeria’s democracy could face serious risks if the current political trend continues.

The media entrepreneur cautioned that allowing Tinubu to secure a second term in 2027 could, in his view, lead to excessive concentration of power. He particularly criticized what he described as a growing wave of opposition figures aligning with the ruling All Progressives Congress> (APC).

Momodu referenced reports of opposition governors, including Ahmadu Umaru Fintiri, allegedly moving closer to the ruling party, describing the development as politically troubling.

According to him, some governors are allegedly competing to demonstrate loyalty to the president ahead of future elections.

“The governors are fighting to ensure Tinubu wins a second term, fighting to be the biggest thug for him. If a man in his first term can capture the bodies and souls of Nigerians this way, imagine what he would do with a second term. It will be a full-blown dictatorship, and the governors will regret it as they become total slaves to him,” Momodu said.

He concluded by urging Nigerians to remain vigilant and actively protect democratic institutions, warning that unchecked consolidation of political power could threaten the nation’s democracy and future stability.

Gistmania

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Court Validates PDP 2025 Convention in Ibadan, Affirms Turaki-led NWC

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The Oyo State High Court sitting in Ibadan has affirmed the validity of the 2025 Elective Convention of the Peoples’ Democratic Party (PDP), which produced Dr. Kabiru Turaki as the substantive National Chairman of the party.

Delivering judgment on Friday, Justice Ladiran Akintola upheld the convention in its entirety, ruling that it was conducted in full compliance with the relevant constitutional and statutory provisions governing party elections in Nigeria.

The decision marked a significant legal victory for the party’s leadership and brought clarity to the dispute surrounding the convention’s legitimacy.

The ruling followed an amended originating summons filed by Misibau Adetunmbi (SAN) on behalf of the claimant, Folahan Malomo Adelabi, in Suit No. I/1336/2025.

In a comprehensive judgment, the court granted all 13 reliefs sought by the claimant, effectively endorsing the processes and outcomes of the Ibadan convention.

Justice Akintola held that the convention, organised by the recognised leadership of the party, satisfied all laid-down legal requirements as stipulated in the 1999 Constitution of the Federal Republic of Nigeria, the Electoral Act 2022 (as amended), and the relevant provisions of the Electoral Act 2026.

The court found no breach of due process or statutory non-compliance in the conduct of the exercise.

In the same proceedings, the court dismissed the Motion on Notice seeking a stay of proceedings and suspension of the ruling, filed by Sunday Ibrahim (SAN) on behalf of Austin Nwachukwu and two others. The applications were described as lacking merit.

Earlier in the proceedings, the court had also rejected a bid by Ibrahim to have his clients joined in the suit.

Justice Akintola ruled at the time that the joinder application was unsubstantiated and consequently dismissed it.

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