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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 Kashim Shettima appended his signature and affixed his passport photograph to the Notice of Withdrawal as the withdrawn candidate of the APC for the Borno Central Senatorial District Election.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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ECOWAS Court Finds FG Guilty of Violating Rights of #EndSARS Protesters

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The Community Court of Justice, ECOWAS, has ruled that the Federal Republic of Nigeria violated the human rights of Obianuju Udeh and two others.

The court found Nigeria in breach of Articles 1, 4, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights, specifically on the right to life, security of person, freedom of expression, assembly and association, prohibition of torture, the duty of the state to investigate, and the right to effective remedy.

The applicants, Obianuju Udeh, Perpetual Kamsi and Dabiraoluwa Adeyinka, alleged that these violations occurred during the peaceful protests at the Lekki Toll Gate in Lagos State on October 20 and 21, 2020.

The presiding judge, Justice Koroma Sengu, who delivered the judgment, dismissed the allegation that the right to life as guaranteed under article 4 of the ACPHR is violated.

He, however, said that the Federal Government must pay each applicant N2 million as compensation for violations of their security of person, prohibition of torture and cruel, inhuman, and degrading treatment, rights to freedom of expression, assembly, and association, duty to investigate human rights violations, and right to effective remedy.

Additionally, he said the Federal Government must adhere to its obligations under the African Charter on Human and Peoples’ Rights, investigate and prosecute its agents responsible for these violations, and report to the court within six months on the measures taken to implement this judgment.

The applicants alleged that during the peaceful protests against the SARS unit of the Nigerian Police Force at Lekki Toll Gate on October 20 and 21, 2020, the respondent committed several human rights violations.

Triggered by the alleged killing of Daniel Chibuike, the protests aimed to address police harassment and brutality.

The first applicant’s claims include that the soldiers shot protesters, resulting in deaths and injuries, which she live-streamed, subsequently receiving threatening phone calls that forced her into hiding and eventual asylum.

The second applicant, responsible for protesters’ welfare, described how soldiers began shooting after a power cut, leading to her hospitalisation due to police tear gas.

The third applicant recounted narrowly escaping being shot, observing the refusal of ambulance entry by soldiers, and later witnessing inadequate hospital care for victims.

She argued that she and her colleagues took over the victims’ care and she faced ongoing threats and surveillance, believed to be by respondent’s agents.

The applicants sought declaratory relief and compensation from the court for these violations.

The respondent denied all claims made by the applicants, asserting that the protesters unlawfully assembled at the Lekki toll gate on October 20, 2020, under the guise of protesting against SARS.

The respondent also maintained that its agents followed strict rules of engagement and did not shoot or kill protesters.

It argued that the first applicant incited the crowd by playing music and using her Instagram page to stir disaffection against law enforcement, who were targeting escapee members of Boko Haram and bandits.

The respondent contended that the second applicant’s logistics and welfare support provision indicated her support for the violent protest.

It claimed that soldiers were present to restore peace until the police arrived, denying any harm inflicted on protesters and the refusal of ambulance access.

The respondent also denied that the third applicant’s presence was peaceful, asserting it was meant to escalate violence.

It argued that the Lagos State Government managed the treatment and care of the injured and submits that the applicants have not provided credible evidence to support their claims, or the reliefs sought.

In its judgment, the court found there was no violation of the right to life.

However, the court held that the respondent breached several articles of the ACPHR which occasioned fundamental breaches of human rights violation therein.

Furthermore, the court declared that the applicants were denied the right to an effective remedy.

The court ordered that the respondent make reparations to the applicants for the violation of their fundamental human rights.

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We’re Already Preparing 2025 Budget, Pro-Wike Lawmakers Are Gone – Fubara

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The Rivers State Governor, Siminalayi Fubara, on Wednesday, said his administration has started the process of preparing the 2025 budget.

The governor also dismissed the threat by the Martin Amaewhule-led faction of the state House of Assembly that he should present the 2024 budget again, saying that having defected to the All Progressives Congress from the Peoples Democratic Party platform on which they got election, their seats remained vacant.

Fubara said this when he received on a solidarity visit, the leadership structure, critical stakeholders, opinion leaders, women and youths of Etche and Omuma Local Government Areas, led by Ogbakor Etche, the apex socio-cultural organisation of Etche Ethnic Nationality Worldwide, at the Government House, Port Harcourt.

In a statement issued by the Chief Press Secretary to the Governor, Nelson Chukwudi, and sent to newsmen, the governor described the recent ranting of the Amaewhule faction as noise-making from delusional folks.

He urged the “25 former lawmakers” to wake up from their slumber, adding that the ship of governance in the state was sailing smoothly.

The lawmakers loyal to the former governor and Minister of the Federal Capital Territory, Nyesom Wike, had been having issues with Fubara over the political control of the state.

After an unsuccessful attempt to oust the governor, resulting in the demolition of the Assembly quarters, the lawmakers announced their defection to the APC, a move the state PDP latched on to declare their seats vacant.

A Rivers State High Court sitting in Port Harcourt, the state capital, granted an interim injunction restraining the pro-Wike lawmakers from parading themselves as legislators in the state.

However, the Court of Appeal in Abuja, on July 4, affirmed Amaewhule and 24 other lawmakers as members of the Rivers State House of Assembly.

Holding a session at the state Legislative Quarters on Monday, the court-reinstated lawmakers asked Fubara to re-present the 2024 budget to the Assembly and gave him a one-week ultimatum.

The government, in a swift move, approached the court to restrain the state Chief Judge and others from recognising the Amaewhule-led Assembly, while it also appealed the judgment of the Appeal Court at the Supreme Court.

Foreclosing the idea of presenting the 2024 budget again, Fubara said his administration had commenced preparing details of the 2025 Appropriation Bill, with priority placed on education, healthcare and agriculture.

“Let me assure you that agriculture is an area that we have promised the very special and peace-loving people of Rivers State that our 2025 budget, which we have already started preparing, will address.

“Don’t bother about those people that are delusional. They think we are still sleeping. Let me tell you people so that they can hear anywhere they are.

“I wanted to help them, sincerely because I know them. And I have said it before, these are people that I have helped. I paid their children’s school fees. I paid their house rent. So, I wanted to help them.

“We all knew what happened when they crossed (defected), and how did they cross? Because of our God, for them to make that mistake, they crossed. They are gone, and they are gone. Now, let me tell you: when I wanted to help them, I accepted to help them because we are all one. We disagree to agree as it is said,” he said.

He added, “They thought they were smart. What is holding them is the declaration of their seats vacant as done on December 13, 2023. We are not doing any budget to nullify that decision. It is what will send them to their villages.

“As I am talking to you, I have started preparing my budget for 2025, which I am going to present very soon. And, in that budget, my key areas will be education, healthcare and agriculture.”

Fubara said the three priority areas would ensure that even if more roads were constructed, emphasis would be placed on quality healthcare services for the people of the state.

“Our children need to go to quality schools. Even if they can’t go to private schools, let them go to the public ones that have standards. We need to go to good health facilities owned by the government and get standard healthcare services.

“Even if we cannot afford those private hospitals, when you go to the public ones, you can get the same services with qualified professionals. That is our thinking.

“And when we get to the issue of agriculture, it will address the issue of unemployment. When we start engaging our youths, they won’t have time to be involved in crime. So, our thinking is to secure and protect our state,” he added.

He reiterated that he was fighting nobody as insinuated, adding that being loyal did not mean losing one’s liberty, sense of discretion and doing what was right.

“I want to assure you of one thing: we are not fighting anybody. We appreciate what God has used people to also do in our lives. But, we are not going to rule (govern) this state on our bent knees. We will rule standing this way I am standing.

“If it is only being on our knees to rule that is the way that they will see us as being loyal, then, I will pack my few things that I have here, and go and relax in my house comfortably, because it will be a disaster, not just to me but to everyone in the state and even my generation.

“So, I will continue to stand tall and stand on the side of the truth. Let me thank the President General (of Ogbakor Etche) for bringing your people, the great people of Etche and Omuma together to come and pay us a solidarity visit,” he said.

Fubara urged the people of Etche Nation to sustain their support for his administration because its vision was clear and encompassing to advance the well-being of all Rivers people.

He promised to work with the Nigeria Police to resolve the issue of herdsmen attacks on farmlands and farmers in the area, including the issue of illegal dredging activities.

The Punch

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Yoruba Elders Council Rejects Agitation for Yoruba Nation

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The Yoruba Council of Elders (YCE) has voiced its opposition to idea of carving out Yoruba Nation from Nigeria.

The group, through a statement on Sunday, said it would rather commit to true federalism in Nigeria.

The statement read: “We have perused the document on the position of YSDM on the state of the Nation and their views for the Yoruba race to be separated from Nigeria. The Yoruba Council of Elders remains firm in its position that the entity called and known as Nigeria should remain as one Nigeria.

“Accordingly, the YCE has pooled-in all shades of thoughts, which show that majority of the Yoruba race feel cheated by the present lop-sided arrangement of the federating powers but they are solidly against going away from the Nigerian arrangement. They would rather go back to the agreement of our founding fathers when the Region administration was autonomous.

“YCE, therefore, stands firmly on the position of the founding fathers, who maintained togetherness but operated independently and contributed their quota to foster administration at the centre. To this extent, we would rather have a restructured Nigeria which will allow states to function independently as part of a whole.

“YCE wants Nigeria to remain one but, like the American arrangement, stay and function administratively devoid of interference by the centre. Let it be known that the strength of the unity lies in the socio-cultural inheritance of each section of the country and these can be deployed through education and efficiency of management. Our great country must rise again and we all will be in it together,” it added.

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