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Nigerians Have Lost Confidence in Judiciary, Says Muiz Banire

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By Eric Elezuo

A former Commissioner for Special Duties,  Transport, and Environment at various periods in Lagos State, Dr. Muiz Banire, has come hard on the nation’s judiciary, saying that the supposed last hope of the common man has turned to lost hope of the common man in Nigeria.

Dr. Banire his remarks while speaking on Sunday during his weekly leadership discourse on the micro-blogging platform, X (formerly Twitter).

The former Chairman of the Governing Board of the Asset Management Corporation of Nigeria (AMCON), ho himself is a lawyer, noted that judiciary pronouncements nowadays, are not only sounding amazing, but also amusing, stressing that the third arm of government are no longer on the side of the justice, using recent feelers from the election tribunal judgments as case study.

Banire, a member of the ruling All Progressives Congress (APC), observed that “Election petition cases are not only polluting our jurisprudence but contaminating our judicial officers,” and also frowned at the fact that the same “election petition cases have succeeded in further deepening the loss of confidence the people have in the judiciary.”

The accomplished lawyer noted that if he had his way, judges will no longer be used in determining the course of electoral justice, and a new way fashioned to address electoral conflicts.

Below is full text of Banire’s remarks:

Distinguished readers, you are welcome to our weekly leadership discourse. We are in the season of election petition appeals and a lot is going on. #LeadershipTalkDaily

Daily we read about one judgment or the other that sounds not only amazing but at times amusing. Judiciary, as reputed, is the last hope of the common man but as Chidi Odinkalu recently put it, it is gradually becoming the lost hope of the common man.

Ranging from the inability to exit the court upon entry, to injustice, compromise, incompetence, the situation is becoming hopeless.

I have, in the last two decades, engaged myself in the advocacy for the independence of the judiciary and the improvement of the welfare of the judges, simply because of my desire and love for the enthronement of justice. Events unfolding are however becoming frustrating.

Election petition cases have succeeded in further deepening the loss of confidence the people have in the judiciary. If I have my way, I will insist that judges no more get involved in election disputes. We need to fashion a new way of addressing electoral conflicts.

Election petition cases are not only polluting our jurisprudence but contaminating our judicial officers.

Except we want to continue pretending, the impression in the public and the perception of the society on the judiciary is substantially negative, simply because the few of them will not do the proper thing.

There is an exercise going that I stumbled on, the analysis and evaluation of the Court of Appeal decisions on the judgment of tribunals, and the revelation coming out in cases of likes for likes is mind boggling.

As a legal practitioner, the contradictions are huge and appalling, to the extent that no innocent mind can give a pass mark to the court.

If the courts must continue to dabble into electoral disputes, I believe at the appellate level, particularly the Court of Appeal, there is need for consensus on the applicable principles of law.

The haphazard decisions we are witnessing currently are worrisome. It suggests lack of uniform approach to the administration of justice, coupled with the engendering non-predictability of the law.

I am worried and depressed. With respect, I see some warped and irrational decisions in some cases and I truly cried for justice. It seems, to a large extent, that because the court is the final court, no meticulous and detailed attention is being paid to justice.

As a lawyer with conscience, I feel bereaved by the outcomes we are seeing. I and the society seem helpless. We are at the verge of taking our concerns to God, the ultimate judge.

I believe the time is overripe for all stakeholders in the justice system to rise and fundamentally and radically do something about what is going on.

We really need to intervene before the dawn, which is the potential uprising that could consume us all. This is the daunting reality we are facing if we continue to be indifferent.

All leaders of the society must heed the call of John Stuart Mill to speak up otherwise our decaying society will soon collapse. My simple admonition.

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INEC Faults Natasha’s Recall Petition, Says Petitioners Failed to Provide ‘Contact Details’

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The Independent National Electoral Commission, on Tuesday, raised concerns over the petition for the recall of the suspended Senator representing Kogi Central, Natasha Akpoti-Uduaghan.

The commission, in a statement signed by its National Commissioner and Chairman, Information and Voter Education Committee, Sam Olumekun, acknowledged receiving the petition, which includes six bags of documents that are said to contain signatures from more than half of the 474,554 registered voters in the district.

However, INEC pointed out that the petitioners failed to provide the necessary contact information, such as their addresses, phone numbers and email addresses, as required under the Commission’s Regulations and Guidelines for Recall 2024.

The petition, presented on behalf of the constituents by Charity Ijese and received by INEC’s Secretary, Rose Oriaran-Anthony, on Monday, was said to be lacking clear contact details for the representatives, with only the phone number of the lead petitioner provided.

Also, INEC noted that the petition represents voters from five local government areas—Adavi, Ajaokuta, Ogori/Magongo, Okehi, and Okene—covering 902 polling units across 57 registration areas.

However, the commission criticised the petitioners for providing a vague address—simply listing “Okene, Kogi State”—which does not meet the standards outlined in the commission’s regulations.

The statement read in part, “The commission held its regular weekly meeting today, Tuesday, 25th March 2025. Among other issues, the meeting discussed the petition for the recall of the Senator representing Kogi Central Senatorial District.

“The process of recall is enshrined in the 1999 Constitution, the Electoral Act 2022 as well as the commission’s detailed Regulations and Guidelines for Recall 2024, available on our website. All petitions will be treated in strict compliance with the legal framework.

“The petition from Kogi Central Senatorial District was accompanied by six bags of documents said to be signatures collected from over half of the 474,554 registered voters spread across 902 Polling Units in 57 Registration Areas (Wards) in the five Local Government Areas of Adavi, Ajaokuta, Ogori/Magongo, Okehi and Okene.

“The commission’s immediate observation is that the representatives of the petitioners did not provide their contact address, telephone number(s) and e-mail address(es) in the covering letter forwarding the petition through which they can be contacted as provided in Clause 1(f) of our Regulations and Guidelines.

“The address given is ‘Okene, Kogi State’, which is not a definite location for contacting the petitioners. Only the telephone number of ‘the lead petitioner’ is provided as against the numbers of all the other representatives of the petitioners.”

The commission emphasised that the recall process is governed by the 1999 Constitution, the Electoral Act 2022, and INEC’s own detailed guidelines and that once the petition meets all the legal requirements, INEC will initiate the verification of signatures in an open process at each polling unit.

It said the verification will be limited to registered voters who signed the petition, and both the petitioners and the senator facing recall will have the right to nominate agents to observe the process.

Signature verification will be conducted using the Bimodal Voter Accreditation System, and media and other observers will be accredited.

Olumekun explained, “The commission wishes to reiterate that the recall of a legislator is the prerogative of registered voters in a constituency who sign a petition indicating loss of confidence in the legislator representing them.

“Once the petition meets the requirements of submission, as contained in our regulations, the commission shall commence the verification of the signatures in each Polling Unit in an open process restricted to registered voters who signed the petition only.

“The petitioners and the member whose recall is sought shall be at liberty to nominate agents to observe the verification, while interested observers and the media will also be accredited. At each Polling Unit, signatories to the petition shall be verified using the Bimodal Voter Accreditation System.”

INEC assured the public that the recall process would proceed in accordance with the law, provided the petitioners fulfill all necessary guidelines.

However, in the absence of complete contact information, the commission is exploring alternative methods to notify the petition representatives.

INEC also urged the public to disregard any rumours or speculations circulating on social media and reiterated its commitment to ensuring that the process is carried out in full compliance with the legal framework.

“Consequently, if the petitioners fully comply with the requirements of Clause 1(f) of the Regulations and Guidelines regarding the submission of their petition, the commission will announce the next steps in line with the extant laws, regulations and guidelines.

“In the absence of a definite contact address, the commission is making efforts to use other means to notify the representatives of the petitioners of the situation.

“The commission reassures the public that it will be guided by the legal framework for recall. The public should therefore discountenance any speculations and insinuations in the social media,” the statement concluded.

The recall petition follows several controversial events involving Akpoti-Uduaghan, who was suspended from the Senate on March 6 for alleged “gross misconduct” following a dispute with Senate President Godswill Akpabio.

The petition, titled “Constituents’ Petition for the Recall of Senator Natasha Akpoti-Uduaghan on Grounds of Loss of Confidence,” called for her removal due to accusations of gross misconduct, abuse of office, and a pattern of deceit.

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Natasha vs Senate: Akpabio’s Accusation of Bias Forces Judge to Withdraw from Case

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Justice Obiora Egwuatu of the Federal High Court, Abuja, has withdrawn from the case filed by the suspended Senator Natasha Akpoti-Uduaghan against the leadership of the senate.

Justice Egwuatu, recused himself from the matter on Tuesday after lawyers to the parties in the suit announced their appearances.

He said he was stepping down from the matter because of the petition written by Senate President Godswilll Akpabio, alleging he was biased.

The presiding judge said he would will return the case file to the Chief Judge of the Federal High Court, Justice John Tsoho, so the matter could be reassigned to another judge.

Justice Egwuatu had on March 4, given an an interim order that stopping  the Senate Committee on Ethics, Privileges and Public Petitions from going ahead with the disciplinary proceedings started against t Akpoti-Uduaghan who was alleged to have broken senate rules.

The judge gave  the senate leadership  72 hours to show cause why it should not issue an order of interlocutory injunction to stop them from probing the plaintiff for alleged misconduct, without affording her the privileges stipulated in the 1999 Constitution, as amended, the Senate Standing Order 2023, and the Legislative Houses (Powers and Privileges) Act.

But the Senate Committee still went ahead to hold its sitting where it recommended Natasha Akpoti-Uduaghan for six months suspension.

However, the judge later amended the interim order by vacating the aspect that stopped  the Senate from from taking any action pending the outcome of the suit.

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Tinubu’s Emergency Rule: PDP Governors Seek Reversal at Supreme Court

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State governors elected on the platform of the Peoples Democratic Party (PDP) have filed a lawsuit at the Supreme Court challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State.

The President, on March 18, declared the emergency rule, citing Section 305(5) of the Nigerian Constitution, 1999 and suspended Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state House of Assembly for six months while announcing Retired Vice-Admiral Ibok-Ete Ibas as the sole administrator of the state.

The PDP governors, comprising leaders from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states, argue that the president lacks the constitutional power to suspend a democratically elected governor and deputy governor, adding that they also contend that the appointment of a sole administrator is unconstitutional.

According to the court documents, the governors are seeking a declaration that the president’s actions violate sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).

They further maintained that the president has “no powers whatsoever or vires to suspend a democratically elected governor and deputy governor of a state in the federation of Nigeria under the guise of or pursuant to the proclamation of a state of emergency.”

The governors are also challenging the approval of the state of emergency by the National Assembly, arguing that the use of a voice vote is unconstitutional as the law mandates a two-thirds majority vote from all members of each legislative chamber.

In their submission to the court, the plaintiffs further argued that the emergency proclamation did not meet the constitutional requirements set by Section 305.

“The proclamation failed to meet the stipulated conditions and procedures for such a declaration and was made for reasons beyond those specified in the said constitutional provision,” the governors contend.

The governors are seeking an order to nullify the appointment of Ibok-Ete Ibas as the sole administrator, declaring it unlawful and in gross violation of the constitution.

Additionally, they want the court to restrain the president from further attempts to suspend other governors or interfere with their constitutional duties.

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