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The Fact and the Law: How Shettima’s Nomination As Running Mate Violated Electoral Act

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THE FACTS

 

  1. Kashim Shettima was nominated by the APC to INEC for the election into the Borno Central Senatorial District of the Senate of the Federal Republic of Nigeria on the 17th of June, 2022.

 

  1. Kashim Shettima replaced one Ibrahim Kabir Masari, who was hitherto the Vice-Presidential candidate of the APC for the 2023 Presidential election. The Notice of Withdrawal reveals that Kashim Shettima appended his signature and affixed his passport photograph to the Notice of Withdrawal of Candidate as the new Vice-Presidential candidate of the APC. The Notice of Withdrawal dated 14th day of July, 2022 was submitted to INEC by APC on the 14th day of July, 2022 at 6:33pm. The acknowledgment copy of the Notice of Withdrawal of Ibrahim Kabir Masari and his replacement by Kashim Shettima showing that INEC received it on the 14th day of July, 2022 at 6:33pm.

 

  1. Having secured the Vice-Presidential ticket of the APC, Kashim Shettima decided to withdraw from the Borno Central Senatorial District election. Kashim Shettima appended his signature and affixed his passport photograph to the Notice of Withdrawal as the withdrawn candidate of the APC for the Borno Central Senatorial District Election. APC submitted the said Notice of Withdrawal to INEC on the 15th day of July, 2022 at 05:13PM GMT+1. The acknowledgment copy of the Notice of Withdrawal of Kashim Shettima and his replacement showing that INEC received it on the 15th of July, 2022 at 05:13pm.

 

THE LAW

 

  1. Section 35 of the Electoral Act, 2022 provides that “where a candidate knowingly allows himself to be nominated by more than one political party or in more than one constituency, his nomination shall be void.”

 

  1. Section 142(1) of the Constitution provides that:

 

“In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate from the same political party for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-president if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid”.

 

 

  1. Section 142(1) of the Constitution makes the nomination of a President inchoate and therefore invalid without a running mate who shall be called a Vice Presidential candidate.

 

  1. It is crystal clear that the Kashim Shettima had double nomination as at the 14th day of July, 2022 in violation of Section 35 of the Electoral Act, 2022 which provides that “where a candidate knowingly allows himself to be nominated by more than one political party or in more than one constituency, his nomination shall be void.”

 

  1. It is crystal clear that the Kashim Shettima had double nomination as at the 14th day of July, 2022 in violation of Section 35 of the Electoral Act, 2022 thereby rendering his nomination as the Vice- Presidential candidate of the APC void.

 

  1. It is a notorious fact that a Vice-presidential candidate does not emerge from a primary election conducted by a political party. This finds expression in Section 142 of the Constitution, By Section 142 of the Constitution, it is the Presidential candidate that appoints his running mate from his political party and the party forwards same to INEC.

 

  1. The case of the PDP is not about the internal affair of the APC but the failure of INEC to enforce the provisions of Section 35 of the Electoral Act.

 

  1. The nomination of candidates is complete when INEC receives the nomination forms of candidates from political parties and once nomination is complete, any grievance thereof is no longer an internal affair of the political party. A post-nomination grievance cannot be said to be an internal affair of a political party.

 

PDP is not challenging the process by which Kashim Shettima emerged as the Vice-presidential candidate of the APC. The choice and emergence of Kashim Shettima is an internal affair of the APC.

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Court Sends Woman to Prison for Abusing Tinubu’s Son, IGP on Social Media

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Olamide Thomas, who reportedly threatened Seyi Tinubu on social media, was on Friday, arraigned before a Federal High Court in Abuja.

Olamide was arraigned by the office of the Inspector-General of Police (IGP), Kayode Egbetokun, before Justice Emeka Nwite on a three-count charge.

Olamide was alleged to have, sometime in 2024, knowingly and intentionally transmitted communication in the form of video recording through a computer system or network on her social media platforms wherein she made remarks in Yoruba language.

In the video, she was alleged to have stated: “Mr. Seyi Tinubu would die this year, and misfortune and calamity had befallen the Tinubu family, with intent to bully, threaten, harass the person of Mr Seyi Tinubu.”

The communication was said to have placed Seyi in fear of death, violence or bodily harm.

The offence is contrary to and punishable under Section 24 (2) (a) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.

In count two, the defendant was alleged to have intentionally transmitted communication in the form of video recording wherein she made remarks in Yoruba Language to bully, threaten, and harass the person of Egbetokun.

The communication was said to have placed Egbetokun in fear of death, violence or bodily harm.

The offence is contrary to and punishable under Section 24 (2) (a) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.

She, however, pleaded not guilty to the charge.

Olamide was arrested on allegations bordering on harassing and threatening Seyi Tinubu, Egbetokun, and the Police Public Relations Officer, Muyiwa Adejobi, in a viral social media post.

In the charge marked: FHC/ABJ/CR/636/2024 dated and filed on December 18 by the police team of lawyers led by A.A. Egwu, Olamide was sued as sole defendant.

Upon resumed hearing, Victor Okoye, who appeared for the police, informed the court that the matter was slated for arraignment and that he was ready to proceed.

After the counts were read to the defendant, she pleaded not guilty to the charge.

The defence lawyer, T J. Aondo (SAN), sought to move an oral application on his client’s behalf but the request was turned down.

Justice Nwite directed Aondo to file a formal bail application and adjourned the matter until December 30 for the commencement of trial.

The judge, however, assured the defence counsel that as soon as a bail application is filed in form of a motion on notice, the court would not hesitate to hear it.

Justice Nwite, thereafter, ordered Olamide to be remanded in Suleja Correctional Centre pending the hearing of her bail application.

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Buhari Denies Ownership of Abuja Land Revoked by Wike

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Former President Muhammadu Buhari, on Thursday, denied ownership of a piece of land purportedly allocated to him by the Federal Capital Territory Administration (FCDA) in Abuja.

Media reports indicate that Minister of the Federal Capital Territory (FCT), Nyesom Wike, has revoked the ownership of 762 plots of land in the Maitama 1 District of Abuja, citing non-payment of statutory fees.

According to the trending reports, high-profile figures, including former President Muhammadu Buhari and former Chief Justice Walter Onnoghen, are among those affected.

The FCTA had also issued a two-week ultimatum to 614 other individuals and organisations, demanding they settle outstanding Rights of Occupancy (R-of-O) fees or risk losing their plots.
However, debunking the reports, the former President stated he is “not the owner of the said plot of land which is allocated in the name of a ‘Muhammadu Buhari Foundation.’”

In a statement issued by his media aide, Garba Shehu, in Abuja, the former President explained that he turned down the offer by the administration when it was presented to him.

The media aide further clarified: “When he and his cabinet members were invited to fill the forms and obtain land during his tenure in office, he returned the form without filling it, saying that he already had a plot of land in the FCT and that those who did not have should be given. He, therefore, turned down the offer.

“All those jumping up and down in the digital space talking about the rightfulness or the lack of it on the reported seizure of Buhari’s land in Abuja to get their facts right and stop dragging down the name of the former president.

“As with anything Buhari—and there is no surprise in this at all—there is a lot of buzz in the media on the reported seizure of a piece of land by the authorities of the Federal Capital Territory, Abuja, FCTA, allegedly belonging to the former President Muhammadu Buhari.

“Former President Buhari is personally not the owner of the said plot of land, which is allocated in the name of a ‘Muhammadu Buhari Foundation.

“The Foundation was itself floated by some utilitarian individuals around him who, it must be said, went about it in a lawful manner with the support of a number of well-meaning persons.

“But they ran into a roadblock in the land department of the FCDA, which handed them an outrageous bill for the issuance of the certificate of occupancy, very high in cost that did not at all compare with the bills given to similar organisations.

“It may have been that this was not erroneous, but a deliberate mistake, making the revocation of the land no surprise to anyone.

“As a person, the former President has a plot of land to his name in Abuja,” he added

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Dangote Refinery, a Wonder of Modern Technology – Japan Ambassador, Business Community

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The Dangote Refinery and Petrochemicals complex has been hailed as an astonishing masterpiece, showcasing Nigeria’s technological advancements on the global stage.

This accolade was shared by a delegation from the Japanese Business Community in Nigeria, led by Japan’s Ambassador-designate to Nigeria, Suzuki Hideo. The Dangote Group also reiterated that its petroleum products are in demand worldwide, as it expands its polypropylene section to reduce Nigeria’s reliance on imported polypropylene, a crucial material used in packaging, textiles, and the automotive manufacturing industries.

The Japanese delegation, which toured the impressive facilities housing both the Dangote Petroleum Refinery and Petrochemicals as well as Dangote Fertilisers, commended the state-of-the-art technology on display, noting that it reinforces Nigeria’s role as the gateway to Africa.

Managing Director of the Japan External Trade Organisation (JETRO), Takashi Oku, remarked that while Nigeria remains the gateway to Africa, the Dangote Refinery stands as a remarkable project that showcases the country’s technological progress. He added that the facility, as the world’s largest single-train refinery, is a point of immense pride for Nigeria. JETRO is Japan’s governmental organisation for trade and investment.

“We had heard about the excellence of the Dangote Refinery through the media but seeing it in person has left us truly amazed by its vastness and grandeur. It demonstrates that Nigeria’s population is not only growing but also advancing in technology. We are keen to collaborate with Nigerian companies, especially Dangote Refinery,” he said.

Emphasising that the refinery has bolstered Nigeria’s leading position in Africa, he further noted that the facility serves as an ideal introduction to the country for the global community.

Managing Director of Itochu Nigeria Limited, Masahiro Tsuno, also praised the sheer size and automation of the Dangote Refinery, calling it a miracle and one of the wonders of the world.

“I’ve seen many standalone refineries across the globe, including in Vietnam and the Middle East. However, this size of a refinery built by one single investor is probably a miracle in the world. And I’m just actually witnessing a miracle, to be honest, today,” he said. Tsuno indicated that his company would seek collaboration with the refinery across various sectors, including polypropylene and other petroleum products.

Commending the ambassador-designate and his team, which described the Dangote Petroleum Refinery as a wonder of modern technology, Vice President of Oil and Gas, Dangote Industries Limited, Devakumar Edwin, explained that the facility is the vision of a Nigerian investor- Aliko Dangote, designed and built by Nigerians, and intended to serve the global market.

He said that it is a point of pride that a Nigerian company not only designed but also built the world’s largest single-train refinery complex. Dangote Industries Limited, a Nigerian company, acted as the Engineering, Procurement, and Construction (EPC) contractor for the refinery. In the process, cutting-edge technologies from around the world were incorporated to ensure that the facility meets the highest standards. Edwin assured the ambassador-designate and the delegation that the company is open to collaboration, always striving to maintain the best possible standards.

“Even now, we have a lot of Japanese equipment inside both the refinery and the fertiliser plant. There are significant opportunities for collaboration, as we always seek the latest technology in any business we engage in. For instance, our cement plant laboratory is managed by robots, and we always embrace advanced technology. With Japan’s focus on technological innovation, there is ample scope for cooperation and for supplying various types of technology,” he said.

Edwin also stated that the Dangote Petrochemical project will significantly boost investment in downstream industries, creating substantial value, generating employment, increasing tax revenues, reducing foreign exchange outflows, and contributing to Nigeria’s Gross Domestic Product (GDP).

He confirmed that products from the refinery meet international standards and are already being exported globally.

“In recent weeks, we’ve exported petrol to Cameroon, Ghana, Angola, and South Africa among others. Diesel has gone all over the world, and jet fuel is being heavily exported to European markets. Our products are already making their mark internationally,” he said.

He further added that by leveraging Africa’s vast crude oil resources to produce refined products locally, the Dangote Group aims to create a virtuous cycle of industrial development, job creation, and economic prosperity.

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