Headline

The Suffocating Pressure on Supreme Court Justices

Published

9 months ago

October 21, 2023

Eric

By Eric Elezuo

All eyes have been on the judiciary since March 1, 2023, when the Independent National Electoral Commission (INEC), announced President Bola Tinubu as the winner of the keenly contested February 25, 2023 presidential election. Nearly every major party that contested the election has one or two words against INEC and the conduct of the election, as well as against the qualifications and eligibility of Tinubu vis a vis academics, identify and legitimacy.

However, on September 6, 2023, after about three months of intensive legal banters, a five-man panel of Justices of the Appeal Court, superintending over the process of the Presidential Election Petition Tribunal, unilaterally dismissed the petitions of Atiku Abubakar of the Peoples Democratic Party (PDP, Labour Party’s Peter Obi, and the Allied Peoples Movement (APM).

The Justice Tsammani-led panel threw out all petitions brought before it for lacking in merit, prompting the final onslaught at the Supreme Court. All eyes have therefore, shifted to the Supreme Court.

The Appellants; Atiku Abubakar of the PDP, Peter Obi of the LP and the Allied Peoples Movement, filed their appeals urging the Supreme Court to nullify the presidential election petition’s decision which upheld Mr Tinubu’s victory. All appellants had therefore, launched out in search of more evidence to convince the Supreme Court, and proved that the lower court erred.

Consequently, after weeks of filing and exchanging court papers between Atiku and Tinubu, as well as other appellants, the apex court set October 23, 2023 as the date for hearing of the suits. The setting of the date followed the announcing of seven-man panel of Supreme Court justices to preside over the cases. They are Justice Adamu Jauro, Justice Uwani Musa Abba Aji, Justice Lawal Garba, Justice Helen M. Ogunwumiju, Justice I.N. Saulawa, Justice Tijjani Abubakar and Justice Emmanuel Agim.

These legal icons, on whose shoulders lie a setting of precedence or evolving of an all new form of technicality in the anals of history will be unveiled at the commencement of the hearing on Monday. They will adjudicate and determine the case withouta recourse to the suffocating pressure trailing the process since the announcement of Tinubu as president-elect.

Note that the Chief Justice of Nigeria, Kayode Ariwoola and another, have been excused from the team of justices because of their supposed closeness to two of the persons of interest in the case.

The Atiku’s legal team, led by Chris Uche SAN, anchored the suit on 35 grounds, claiming that the five-member panel of the presidential election court erred in their verdict.

In its court filings at the Supreme Court, through a document dated September 18, Uche contended that the presidential election court failed to adequately evaluate his client’s evidence before reaching its conclusions.

He faulted the court’s use of “disparaging words” against Atiku which “evinced bias.”

In another ground of appeal, Uche told the Supreme Court that the lower court’s conclusions “did not represent the true picture of the grounds of his petition”.

Atiku’s appeal, contended, among other issues, that the presidential election court erred in law when it “failed to nullify the presidential election held on 25 February 2023 on the grounds of non-compliance with the Electoral Act, 2022, when by evidence before the tribunal, INEC conducted the election based on grave and gross misrepresentation contrary to the principles of the Electoral Act 2022, based on the “doctrine of legitimate expectation.”

However, beyond the evidences, which the Atiku team accused the lower court of sidelining, a fresh evidence was filed at the Supreme Court concerning the academic records of Tinubu which the former vice president obtained from Chicago State University in the United States.

Although the issue of Tinubu’s academic records was dismissed by the presidential election court, Atiku intends to breathe fresh life into the matter following his newest findings from the US.

In September, a US court ordered the Chicago State University to release Mr Tinubu’s academic records to Atiku despite the president’s vehement opposition to the release of his transcripts. The records were released on October 6, and revealed quite a can of worms depending on the divide the analyst is as the matter has since divided Nigerians along party, ethnic and loyalty lines.

Obi’s appeal

Peter Obi, on the other hand, through his lead lawyer, Livy Uzoukwu, filed 51 grounds in challenging the presidential election court’s judgement, among which is faulting the presidential election court’s evaluation of his evidence. Obi’s appeal noted that the court erroneously ruled that his case failed to establish the polling stations where electoral malpractices took place during the February presidential election.

The appellant’s lawyer urged the Supreme Court to determine if the presidential election court did not err in law when it based its reasons on the First Schedule of the Electoral Act 2022 to expunge Obi’s witnesses’ statements on oath from the court’s records.

Another political party, APM, lodged the third suit alleging improper nomination of Mr Tinubu’s running mate and incumbent Vice President Kashim Shettima.

In its appeal at Supreme Supreme, APM’s lawyer, Chukwuma–Machukwu–Ume, a SAN, predicated his client’s suit on 10 grounds.

He argued that sections 131 and 142 (1) of the 1991 Constitution are inextricably linked and neither can be confined as a pre-election matter, as these qualifications are conditions precedent to, for being elected into the office of President.

APM’s suit was not based solely on nomination, but primarily that President Tinubu contested the presidential election without a lawful running mate.

THE SEVEN-MEMBER PANEL OF JUSTICES

Below is a review of the men and women that will sit to determine the plausibility or otherwise of the appeals brought by the aggrieved entities:

ADAMU JAURO

Justice Adamu Jauroeads the eminent jurists saddled with the responsibility of making history, and possibly reading new precedence.

UWANI MUSA ABBA AJI

Jusyice Aji was born on November 7, 1956, in Gashua, Yobe State. She had her early education at Central Primary School Gashua in 1961 and then proceeded to Government Girls Secondary School, Maiduguri where she obtained the West Africa School Certificate in 1972. In 1976, she received a Diploma in Law from the Ahmadu Bello University of Zaria and in 1980, an L.L.B Hons from the same school. Aji was called to the Bar in 1981, and in 1982 began her career as a state attorney

LAWAL GARBA

Hon. Justice Mohammed Lawal Garba was born on November 16, 1958. He hails from Gusau Local Government Area of Zamfara State. He attended Demonstration Primary School, Maru from 1965-1971, Government Secondary School, Gusau from 1972 -1976, School of Basic Studies Ahmadu Bello University, Zaria from 1976-1977, Faculty of Law, A.B.U, Zaria from 1977-1980, Nigerian Law School, Lagos, from 1980-1981 and the Nigerian Institute of Advanced Legal Studies (UNILAG) Akoka, Lagos in 1989. He was called to the Nigerian Bar in 1981, and has over the years served on different capacities and bodies as well as handled many high profile cases.

HELEN M. OGUNWUMIJU

Justice Helen Morenikeji is another brilliant Justice though many has said she has an affiliation with the ruling All Progressives Congress (APC) as one of his sons is a member of the legal team defending President Bola Tinubu, and yet another a state lawmaker under the APC.

I. M. SAULAWA

Hon. Justice I.M.M. Saulawa, JSC was born on September 29, 1956 in the ancient city of Katsina. Katina State. North West of Nigeria. He attended both Primary and Secondary Schools in Katsina from 1965 to 1976. He proceeded to the prestigious Bayero University. Kano in September 1977 and graduated in June 1981 with a Bachelor of Law degree. The same year he proceeded to the fore most prestigious Nigerian Law School Lagos and was eventually called to the Nigerian prestigious Nigerian Law School Lagos and was eventually called to the Nigerian Bar on July 2, 1982.

EMMANUEL AGIM

Agim was born on April 26, 1960, in Obudu, Cross River State, Nigeria. He obtained his first degree at University of Calabar LLB(Hons), then BL from Nigerian Law School Lagos and subsequently LLM from the University of Wolverhampton, United Kingdom.

Agim was enrolled as a legal practitioner on the 15th October 1986.

Agim is a jurist, public prosecutor, private legal practitioner, legal writer, judicial trainer and administrator, Justice Ministry Administrator/Trainer of State Counsel, Commonwealth Crimes Victim Expert, Law office Manager, Adjunct Professor, Adviser/Resource Person on Environmental Laws

TIJJANI ABUBAKAR

Yobe State born Justice Abubakar concludes the list of eminent jurists.

It is a known fact that in history of presidential election appeals in Nigeria, none has garnered so much concern, discourse and public enlightenment as the present. The coming weeks will conclude a writing in the history book of Nigeria’s jurisprudence.

Once again, all eyes on the Supreme Court!

Headline

There’s Ongoing Cold War Between Dangote and Tinubu Govt, Dele Momodu Reveals

Published

2 days ago

July 25, 2024

Eric

By Eric Elezuo

Veteran journalist and Publisher of Ovation Magazine, Aare Dele Momodu, has revealed that there is a cold war presently going on between richest man in Africa and the President Bola Tinubu-led Federal Government of Nigeria.

Momodu made the revelation while answer questions as a guest on News Central Television on Thursday.

He said: “I am not an expert in petroleum, but I am an expert in conspiracy theory, and I believe that there’s an ongoing cold war between Aliko Dangote and the Tinubu government; that one I’m very convinced about.

“It’s unfortunate that we get personal in Africa, especially in Nigeria, and they are getting personal with him. If he was in their good books, it wouldn’t matter whether what they are saying is true or not. And it’s very dangerous for a government to be vindictive; very dangerous. Because right now, I cannot how investors, whether foreign or local would want to invest in Nigeria.

“In fact, with what Aliko said, that has really damaged our investment opportunities; that people warned him against investing in Nigeria.”

Recall that in the past few weeks, the Federal Government agencies including the Nigeria National Petroleum Company Limited (NNPCL) and the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) have been having a running battle with the Dangote Refinery with the FG claiming that the refinery is not licenced and its products are less than standard.

On his part, Dangote has reiterated, accusing some officials of the NNPCL of owning blending refineries in other countries just as he revealed a hitherto unknown fact that NNPCL owns only 7.2% of Dangote Refinery as against the popularly pronounced figure of 20%.

Headline

Nationwide Protest May Lead to Anarchy, FG Warns

Published

2 days ago

July 25, 2024

Eric

The Federal Government has warned that there would be dire consequences for the stability of the country if a nationwide protest being planned by some Nigerians goes ahead from the beginning of next month.

Secretary to the Government of the Federation (SGF), Senator George Akume, met with ministers in his office behind closed doors to try to avert the protest.

But Nigeria Labour Congress (NLC), yesterday, dismissed reports that it was withdrawing from the proposed national protest by some citizens over the harsh economic situation in the country, saying it cannot be part of an idea that did not emanate from it.

South-east Governors’ Forum also distanced itself from the planned nationwide protests, citing concerns about the fragile political environment and potential hijack by criminal elements.

At the same time, some stakeholders, including some northern groups, opposed the idea of protest in the wake of harsh economic conditions. Instead, they recommended an engagement with the federal government.

But the leadership of Peoples Democratic Party (PDP), which supported the protest, said it was a constitutional right of the people.

In a similar vein, Minority Caucus of the House of Representatives urged the federal government to dialogue with planned protesters with a view to addressing their concerns.

Minister of Information and National Orientation, Mohammad Idris, issued the warning against the protest yesterday, when he received members of the Charismatic Bishops Conference, led by Archbishop (Professor) Leonard Kawas, who were on a courtesy visit to him, at his office in Abuja.

Idris said government was cautious and bothered about the protest against economic hardship, having seen the debilitating consequences of similar protests in other parts of the world, particularly in Kenya and Bangladesh.

The minister voiced concern that arsonists and criminals might be waiting to hijack the planned protest and unleash violence on innocent Nigerians.

Idris stated, “Why everybody is very cautious and very weary of this national protest is because we have seen what has happened around the world.

“We know that it’s almost impossible to hold this protest and then have peace at the end of the day. We cannot do that because some people are waiting to take the laws into their own hands.”

He said while the government of President Bola Tinubu acknowledged the right of every Nigerian to engage in protests, it was equally committed to ensuring that the activities did not disrupt public order or violate the rights of others.

According to him, “You see, the government of President Bola Ahmed Tinubu believes in the freedom of everyone within the confirms of the law to do what he thinks is right for him.

“Therefore, the president is not an opponent of protest of any kind. But the president is an opponent of violence and anything that will hamper the wellbeing of Nigerians.

“He believes and he has always been saying that within the tenets of democracy, you have every right to do whatever you want to do provided that right does not infringe on another person’s right.”

Idris asserted that Tinubu was fully aware of the feelings of Nigerians across the country and he was actively working to implement effective policies aimed at alleviating the challenges faced by the citizenry and bringing relief to all Nigerians.

The minister said one of the policies being fine-tuned by government was to begin to pay stipends to all young university and polytechnics graduates after the National Youth Service Corps (NYSC) scheme, pending their formal employment.

He stated, “But beyond that, there is also another new policy that the president has formulated, which will begin to be seen very soon, and that is that all young men and women who have finished universities and polytechnics and have certificates and have done their mandatory NYSC, and have not been able to get jobs, will have something from the government to keep them afloat until the time they get jobs.”

He described the introduction of the Compressed National Gas (CNG) policy by the president as a game changer in the country’s economy because of its ability to bring down the cost of transportation by about 60 per cent, thereby providing a viable alternative to petrol and diesel.

Idris said, henceforth, any government procurement of vehicles or machinery must have a component of CNG embedded in the contracts.

Earlier, President General of the Charismatic Bishops Conference, dissociated the conference from the planned national protest, saying they have been inundated with calls by some groups to join the protest.

Kawas said, “Recently we received some calls from some other religious organisations and other organisations asking us to join in preparation for a nationwide protest, which would start from 1st August 2024.

“We are here to let you know that we do not think the same. That we have rather decided to go all out and call for a truce. We have decided to sue for peace and humbly request that our brothers and sisters, who are aggrieved in one way or the other, that they should give us some time while we continue to communicate and negotiate with this government on areas that are pertinent to them.”

He appealed to aggrieved Nigerians in all parts of the country to give peace a chance and toe the path of dialogue and negotiation because no reasonable government will fold its hands and allow violence to break down the country.

Headline

Our Products Are Not Sub-Substandard, Dangote Fights Back

Published

5 days ago

July 21, 2024

Eric

By Eric Elezuo

Steadfast and never-say-never entrepreneur, who doubles as Africa’s richest man, Aliko Dangote, has refuted various claims against his petroleum refinery and general enterprise bordering on inferiority and monopolistic tendencies.

The President of Dangote Industries Limited emphatically rejected claims by the Nigerian Midstream and Downstream Petroleum Regulatory Agency (NMDPRA) that petroleum products from his refinery are substandard, in addition to the accusation that the company seeks to monopolize trade, especially in the oil sector.

Dangote rejected the allegations on Saturday when the leadership of the House of Representatives visited and toured the refinery located at the Lekki Free Trade Zone in Lagos.

Speaker Tajudeen Abbas and his deputy Benjamin Kalu led the delegation from the House which included Hon Ikenga Ugochinyere.

To back his position, Dangote and his team tested diesel bought from two filling stations and that from his refinery at the refinery’s laboratories.

The tested diesel from other stations was bought in the presence of the lawmakers, while that from the Dangote Refinery was taken from production also in the presence of the lawmakers.

Two tests were conducted; a test of the sulphur level and a flash test. While all crude-based products contain some level of sulphur, high sulphur levels cause damage to engines and vehicle components.

The flash point refers to the lowest temperature at which the application of the ignition source causes the vapours above the liquid to ignite with the minimum expected flash point at 66.

The results showed that the sulphur content in the diesel from other stations was above 2,631 and 1,829; much higher than the recommended level while the tests for the flash point showed results of 26 and 63 respectively for the diesel from other stations. Both results fell short of the recommended minimum of 66.

The results for the diesel from Dangote turned out to be 87.6 ppm for sulphur and 96 flashpoints.

For Dangote, the result does not only show the reality of products from his refinery, but it also shows that substandard petroleum products are being imported into the country and sold to unsuspecting Nigerians.

‘Probe quality of petrol, diiesel at filling stations’

He called on the House of Representatives to investigate the quality of diesel and petrol at filling stations.

To carry out the investigation, he urged the House to set up a committee to test products at various filling stations across the country.

Decrying the damage being done to vehicles and engines by substandard products, also called on the House to investigate the quality of laboratories being used to test imported products and compare that with the one at the Dangote Refinery.

‘Monopoly Claim Untrue’

Dangote also said the claim in some quarters that his group of companies enjoy monopoly is not true.

“If you look at all our operations at Dangote (Group), we add value; we take local raw materials and turn them into products, and we sell.

“We have never consciously or unconsciously stop anybody from doing the same business that we are doing.

“When we first came into cement production, it was only Lafarge that was operating here in Nigeria…Nobody ever called Lafarge a monopoly,” he said, adding that labelling his group of companies as monopolistic is disheartening.

“Monopoly is when you stop people, you block them through legal means. No, it is a level playing field whereby whatever Dangote was given in cement, for example, other people were given because some of them even got more than us.”

‘No Single Incentive From FG’
The billionaire business tycoon said his refinery did not enjoy any incentive from the Federal Government.

“In the refinery, we did not, and I repeat, we did not collect one single incentive from the Federal Government of Nigeria or even Lagos State. Yes, the Lagos State gave us a good deal but we paid $100m for the land. It wasn’t a free land; we paid for it,” he said.

“Majority of the population are with us. So, we are not discouraged, we will continue what we are doing.”

Addressing the speaker, he said, “The most important thing, your excellency, is to note that the imported one they are encouraging, is the spec in test, but in certain cases when you check (independently), different results will show.”

This, he said, is “because those people who have the lab have been told what to write.”

He said the best way to determine the quality of products being imported and sold to Nigerians is by going to the filling stations, buying and testing them.

Speaker Abbas said going by the presentation and the contradictory claims, there was a need for an investigation.

“I don’t know how we have this contradiction of two players representing the public and private sector,” he said.

“I think it is something we need to investigate further to find out if there are ulterior motives.”

It will be recalled that during the week, a Federal Government of Nigeria petroleum regulatory agency, the Nigerian Midstream and Downstream Petroleum Regulatory Authority, (NMDPRA), dismissed petroleum products from the Dangote Refinery as inferior, making a case for superiority of imported ones.

The revelation was made by the Chief Executive Officer of NMDPRA, Mr. Farouk Ahmed, while responding to questions from a section of the press, a video of which was trending online, adding that the refinery is only 45% completed, and yet to be licenced for operation by the Nigerian government.

In the short video, which lasted a little over a minute, Mr. Ahmed debunked theories attached to the functionality of the Dangote Refinery, saying it does not have the capacity to ‘feed’ the nation of its petroleum needs, as it stands. He however, refuted arguments that some elements within the oil and gas sector were trying to scuttle the Dangote Refinery.

A transcript of the NMDPRA’s boss short response is as follows:

“It about concerns of supply of petroleum products acros the nationwide, and the claim that we are trying to scuttle Dangote. That is not so. Dangote Refinery is still in the pre-commissioning stage. It has not been licenced yet. We haven’t licenced them yet. I think they are about 45 per cent completed, or completion rather.

“We cannot rely on one refinery to feed the nation, because Dangote is requesting that we suspend or stop imports, especially of AGO and DPK, and direct all marketers to his refinery. That is not good for the nation in terms of energy security, and it is not good for the market because of the monopoly.

“Dangote Refinery, as well as some modular refineries like Watersmith Refinery and Aradel Refinery, are producing between 650 and 1,200 PPM. Therefore, in terms of quality, their products are inferior to imported ones,” he stated.

It will be recalled that only last week, the President, Dangote Industries Limited, Aliko Dangote, while hosting senior journalists from across various media concerns, revealed that the Nigeria National Petroleum Company Limited (NNPCL) owns only 7.2% of stakes in the refinery, and not 20 percent as widely circulated. He also revealed that the refinery is set to begin fuel supply in August 2024.

Many stakeholders and respondents have alleged that there’s no love lost between the government of the day and the Dangote Group, and that explains the hiccup situation surrounding the takeoff the $19 billion refinery.

Dangote has been fighting a battle of his life since the establishment of his refinery; from OICs, IPMAN and other concerns, posing the question, who’s afraid of Dangote?