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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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Just In: Tribunal Nullifies Kano Gov’s Election, Declares APC Candidate Winner

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The Kano Governorship Election Petition Tribunal has sacked Governor Abba Kabir Yusuf, declaring the All Progressives Congress (APC) winner of the March 18 election.

Yusuf, who contested on the platform of the New Nigerian Peoples Party (NNPP), was declared winner of the election by the Independent National Electoral Commission (INEC).

While Nasir Gawuna, his APC rival congratulated him, the party proceeded to court.

On Wednesday, the three-man panel ordered withdrawal of certificate of return which INEC presented to Governor Yusuf and directed a certificate of return to be issued to Gawuna.

The court deducted 165,663 votes from Gov Yusuf total as invalid votes, stating that the ballot papers (165,663) were not stamped or signed and therefore declared invalid.

Daily Trust

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Tinubu Addresses 78th UNGA (Full Text of Speech)

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Nigeria’s president, Bola Tinubu, on Tuesday addressed the 78th session of the United Nations General Assembly, ongoing in New York.

Read full speech below:

STATEMENT DELIVERED BY HIS EXCELLENCY, BOLA AHMED TINUBU, GCFR PRESIDENT, FEDERAL REPUBLIC OF NIGERIA AT THE GENERAL DEBATE OF THE 78TH SESSION OF UNITED NATIONS GENERAL ASSEMBLY, 18TH SEPTEMBER 2023

Mr. President,

Heads of State and Government, Secretary-General,

Distinguished Delegates, Ladies and Gentlemen,

Mr. President,

On behalf of the people of Nigeria, I congratulate you on your well-deserved election as President of this Session of the United Nations General Assembly.

We commend your predecessor, His Excellency, Mr. Csaba Korosi for his able stewardship of the Assembly.

We also commend His Excellency, Antonio Guterres, Secretary General of the United Nations, for his work seeking to forge solutions to humanity’s common challenges.

This is my first address before the General Assembly. Permit me to say a few words on behalf of Nigeria, on behalf of Africa, regarding this year’s theme.

Many proclamations have been made, yet our troubles remain close at hand. Failures in good governance have hindered Africa. But broken promises, unfair treatment and outright exploitation from abroad have also exacted a heavy toll on our ability to progress.

Given this long history, if this year’s theme is to mean anything at all, it must mean something special and particular to Africa.

In the aftermath of the Second World War, nations gathered in an attempt to rebuild their war- torn societies. A new global system was born and this great body, the United Nations, was established as a symbol and protector of the aspirations and finest ideals of humankind.

Nations saw that it was in their own interests to help others exit the rubble and wasteland of war. Reliable and significant assistance allowed countries emaciated by war to grow into strong and productive societies.

The period was a highwater mark for trust in global institutions and the belief that humanity had learned the necessary lessons to move forward in global solidarity and harmony.

Today and for several decades, Africa has been asking for the same level of political commitment and devotion of resource that described the Marshall Plan.

We realize that underlying conditions and causes of the economic challenges facing today’s Africa are significantly different from those of post war Europe.

We are not asking for identical programs and actions. What we seek is an equally firm commitment to partnership. We seek enhanced international cooperation with African nations to achieve the 2030 agenda and Sustainable Development Goals.

There are five important points I want to highlight.

First, if this year’s theme is to have any impact at all, global institutions, other nations and their private sector actors must see African development as a priority, not just for Africa but in their interests as well.

Due to both longstanding internal and external factors, Nigeria’s and Africa’s economic structures have been skewed to impede development, industrial expansion, job creation, and the equitable distribution of wealth.

If Nigeria is to fulfil its duty to its people and the rest of Africa, we must create jobs and the belief in a better future for our people.

We must also lead by example.

To foster economic growth and investor confidence in Nigeria, I removed the costly and corrupt fuel subsidy while also discarding a noxious exchange rate system in my first days in office. Other growth and job oriented reforms are in the wings.

I am mindful of the transient hardship that reform can cause. However, it is necessary to go through this phase in order to establish a foundation for durable growth and investment to build the economy our people deserve.

We welcome partnerships with those who do not mind seeing Nigeria and Africa assume larger roles in the global community.

The question is not whether Nigeria is open for business. The question is how much of the world is truly open to doing business with Nigeria and Africa in an equal, mutually beneficial manner.

Direct investment in critical industries, opening their ports to a wider range and larger quantity of African exports and meaningful debt relief are important aspects of the cooperation we seek.

Second, we must affirm democratic governance as the best guarantor of the sovereign will and well-being of the people. Military coups are wrong, as is any tilted civilian political arrangement that perpetuates injustice.

The wave crossing parts of Africa does not demonstrate favour towards coups. It is a demand for solutions to perennial problems.

Regarding Niger, we are negotiating with the military leaders. As Chairman of ECOWAS, I seek to help re-establish democratic governance in a manner that addresses the political and economic challenges confronting that nation, including the violent extremists who seek to foment instability in our region. I extend a hand of friendship to all who genuinely support this mission.

This brings me to my third crucial point. Our entire region is locked in protracted battle against violent extremists. In the turmoil, a dark channel of inhumane commerce has formed. Along the route, everything is for sale. Men, women and children are seen as chattel.

Yet, thousands risk the Sahara’s hot sand and the Mediterranean’s cold depths in search of a better life. At the same time, mercenaries and extremists with their lethal weapons and vile ideologies invade our region from the north.

This harmful traffic undermines the peace and stability of an entire region. African nations will improve our economies so that our people do not risk their lives to sweep the floors and streets of other nations. We also shall devote ourselves to disbanding extremist groups on our turf.

Yet, to fully corral this threat, the international community must strengthen its commitment to arrest the flow of arms and violent people into West Africa.

The fourth important aspect of global trust and solidarity is to secure the continent’s mineral rich areas from pilfering and conflict. Many such areas have become catacombs of misery and exploitation. The Democratic Republic of the Congo has suffered this for decades, despite the strong UN presence there. The world economy owes the DRC much but gives her very little.

The mayhem visited on resource rich areas does not respect national boundaries. Sudan, Mali, Burkina Faso, CAR, the list grows.

The problems also knocks Nigeria’s door.

Foreign entities abetted by local criminals who aspire to be petty warlords have drafted thousands of people into servitude to illegally mine gold and other resources. Billions of dollars meant to improve the nation now fuel violent enterprises. If left unchecked, they will threaten peace and place national security at grave risk.

Given the extent of this injustice and the high stakes involved, many Africans are asking whether this phenomenon is by accident or by design.

Member nations must reply by working with us to deter their firms and nationals from this 21st century pillage of the continent’s riches.

Fifth, climate change severely impacts Nigeria and Africa. Northern Nigeria is hounded by desert encroachment on once arable land. Our south is pounded by the rising tide of coastal flooding and erosion. In the middle, the rainy season brings floods that kill and displace multitudes.

As I lament deaths at home, I also lament the grave loss of life in Morocco and Libya. The Nigerian people are with you.

African nations will fight climate change but must do so on our own terms. To achieve the needed popular consensus, this campaign must accord with overall economic efforts.

In Nigeria, we shall build political consensus by highlighting remedial actions which also promote economic good. Projects such as a Green Wall to stop desert encroachment, halting the destruction of our forests by mass production and distribution of gas burning stoves, and providing employment in local water management and irrigation projects are examples of efforts that equally advance both economic and climate change objectives.

Continental efforts regarding climate change will register important victories if established economies were more forthcoming with public and private sector investment for Africa’s preferred initiatives.

Again, this would go far in demonstrating that global solidarity is real and working.

CONCLUSION

As I close, let me emphasize that Nigeria’s objectives accord with the guiding principles of this world body: peace, security, human rights and development.

In fundamental ways, nature has been kind to Africa, giving abundant land, resources and creative and industrious people. Yet, man has too often been unkind to his fellow man and this sad tendency has brought sustained hardship to Africa’s doorstep.

To keep faith with the tenets of this world body and the theme of this year’s Assembly, the poverty of nations must end. The pillage of one nation’s resources by the overreach of firms and people of stronger nations must end. The will of the people must be respected. This beauty, generous and forgiving planet must be protected.

As for Africa, we seek to be neither appendage nor patron. We do not wish to replace old shackles with new ones.

Instead, we hope to walk the rich African soil and live under the magnificent African sky free of the wrongs of the past and clear of their associated encumbrances. We desire a prosperous, vibrant democratic living space for our people.

To the rest of the world, I say walk with us as true friends and partners. Africa is not a problem to be avoided nor is it to be pitied. Africa is nothing less than the key to the world’s future.

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Chicago Court Orders Chicago State University to Release Tinubu’s Academic Records to Atiku

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A federal court in Chicago on Tuesday night ruled that Chicago State University (CSU) must turn over all records relating to President Bola Tinubu to Atiku Abubakar within two days, saying the former vice-president has been able to sufficiently satisfy the purpose for seeking the records, according to the ruling seen by Peoples Gazette.

The move is part of Atiku’s ongoing push to prove Tinubu’s ineligibility to be Nigeria’s president.

Judge Jeffrey Gilbert also ordered a deposition of designated CSU officials within two days after the records have been released, noting further that the process can be conducted during the weekend if necessary.

“For all of the reasons discussed above, Atiku Abubakar’s application pursuant to 28 U.S.C. § 1782 for an order directing discovery from Chicago State University for use in a foreign proceeding [ECF No. 1] is granted,” Mr Gilbert ruled. “Respondent CSU shall produce all relevant and non-privileged documents in response to requests for production Nos. 1 through 4 (as narrowed by the court) in applicant subpoena within two days of the entry of this memorandum opinion and order.”

“The deposition of respondent’s corporate designee shall proceed within two days of the production of documents. The parties can modify the dates set by the court by mutual agreement. Given the tight time frame under which the parties are operating, the deposition can, if necessary, occur on a non-weekday,” the court added.

The order comes hours after Mr Abubakar filed his appeal to the Supreme Court, following the September 6 judgement of the presidential election petitions tribunal that upheld Mr Tinubu’s victory.

Mr Abubakar had on August 2 filed an application for the court to order CSU to produce documents relating to Mr Tinubu, as well as leave to get the school’s administrators to authenticate any documents submitted under oath.

Mr Abubakar said the documents would be used as part of his ongoing challenge against Mr Tinubu’s election earlier this year.  The candidate of the opposition Peoples Democratic Party said Mr Tinubu should not have been allowed to run for president because he had submitted a forged document under oath in violation of the Nigerian Constitution.

Section 137 (1)(j) of the Nigerian Constitution (amended in 2010) specifically stated that no one would be legitimately elected president of Nigeria if the person “has presented a forged certificate to the Independent National Electoral Commission.”

Peoples Gazette

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