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‘Court Can’t Sack Defecting Govs’

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L-R: Unit Manager, Ministry of Works, Mr Mohammed Isa, frsc  Corps Marshal, Mr Osita Chidoka, representative of the Minister of Works, Mr Abubakar Mohammed, and the  Deputy Corps Marshal, Mr Boboye Oyeyemi, at the handover of heavy duty trucks and patrol vehicles by the Minister of Works to frsc, in Abuja, recently. Photo: NAN

L-R: Unit Manager, Ministry of Works, Mr Mohammed Isa, frsc Corps Marshal, Mr Osita Chidoka, representative of the Minister of Works, Mr Abubakar Mohammed, and the Deputy Corps Marshal, Mr Boboye Oyeyemi, at the handover of heavy duty trucks and patrol vehicles by the Minister of Works to frsc, in Abuja, recently. Photo: NAN

The suit by the ruling Peoples Democratic Party (PDP) asking a Federal High Court in Abuja to sack the G5 Governors for defecting to the All Progressives Congress (APC) has been dismissed as an exercise in futility.

“The suit is laughable and betrays the ignorance of the PDP leadership about the laws of the land. It is also a further demonstration of the impunity associated with PDP in its disdain for democracy and due process,”

Erstwhile National Publicity Secretary of New PDP, Chief Eze Chukwuemeka Eze, stated this in a statement issued in Abuja.

Eze quoted relevant sections of the 1999 Nigerian Constitution to prove that the seats of the affected governors, namely, Alhaji Murtala Nyako (Adamawa), Rotimi Amaechi (Rivers), Alhaji Magatakarda Wamakko (Sokoto), Alhaji Rabiu Kwankwaso (Kano) and Alhaji Abdulfatai Ahmed (Kwara), are safe.

His words: “For the education of the confused PDP leadership and its legal team, there is no danger of any of our Governors losing their seats as made clear by sections 68(1)(g) and 109(1)(g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) in relation to the status of members of a legislative house (state and national) who defect from the political parties from which they were elected to join another political party.

“The wordings of the aforesaid sections are in agreement with those of sections 64(1)(g) of the 1979 Constitution of the Federal Republic of Nigeria given judicial interpretation by the Supreme Court in the case of FEDECO Vs Goni (1983) FNR 203. This case was argued by the best legal minds of that era (Chief FRA Williams SAN and GOK Ajayi SAN). The court held that such a member keeps his seat if his defection is as a result of a division or split in his party.

“G5 Governors must be commended and congratulated for standing against the draconian and undemocratic acts of PDP and should go about their normal business as both PDP and its sponsors lack the power to sack any of them. This as well covers all members of the National Assembly who desire to join the Aso Rock-bound train (APC) come 2015,” he said.

Eze said it was not debatable that PDP is crisis-ridden, thus guaranteeing that none of its members who defects can be punished as a result. He quoted and attached a recent letter by the Independent National Electoral Commission (INEC) voiding the suspension of Prince Olagunsoye Oyinlola, Alhaji Abubakar Baraje and Dr. Sam Sam Jaja as proof that PDP is in crisis.

The letter signed by INEC’s Secretary, Mrs. Augusta Ogakwu, was dated November 25, with reference number INEC /EPM/PDP/02/024/Vol.T/161 and titled: ‘Re: Suspension of Alhaji Abubakar Baraje, Dr. Sam Sam Jaja, Prince Olagunsoye Oyinlola and Ambassador Ibrahim Karaure from the PDP”. The letter, addressed to the National Chairman of the PDP, Alhaji Bamanga Tukur, reads: “This is to acknowledge the receipt of your letter dated November 12, 2013 informing the commission on the suspension of four members of your party.

“The commission notes that some of the individuals so suspended held positions covered by the provisions of section 85(1) of the Electoral Act 2010 (as amended) and that no notice of the meeting which approved their suspension was provided to the commission. “Accordingly, the records of the commission does not reflect the process and composition of the meeting that approved the suspension of the individuals, as such, the commission cannot establish an informed position on the matter “Please accept the commission’s highest regard and consideration.”

Eze supported INEC’s position by quoting Section 85 (1) of the Electoral Act 2010 (as amended), which states thus: “Every registered political party shall give the commission at least 21 days notice of any convention, congress, conference or meeting convened for the purpose of electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this Act.”

The former New PDP Spokesman accused PDP of mischief for instigating the Houses of Assembly in the affected states to start impeachment proceedings against the defected Governors as being witnessed in Rivers State, where six rebel legislators are desperately trying to impeach Governor Chibuike Rotimi Amaechi. He warned PDP to desist from any further act of destabilisation capable of plunging the country into chaos and truncating the country’s hard-won democracy.

In conclusion, Chief Eze asked how come that PDP received Chief TA Orji of Abia State and Chief Ikedi Ohakim former Governor of Imo State that defected from PPA and Alh. Isa Yuguda of Bauchi State who defected from ANPP and joined PDP without declaring their seats vacant. Now that PDP is at the receiving end of the same medicine they administered on others and they are window shopping for ways to have their cakes after devouring them. What a pity as about seven more PDP Governors will be joining APC by the first quarter of 2014 at that time they will be preparing on how to bury PDP formally by 2015.

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Ministry Raises Concern Over Rising Teenage Pregnancies, Begins Adolescent Sensitisation Campaign

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The Department of Public Health in the Rivers State Ministry of Health has raised concern over the increasing cases of teenage pregnancies in society as it intensifies efforts to educate adolescents across the state.
Programme Manager for Adolescent Health and Development in the department, Mrs. Tammy Briggs, expressed the concern during a sensitisation programme held at Government Girls Secondary School Rumueme in Obio/Akpor Local Government Area of Rivers State.
Briggs explained that the campaign was designed to educate adolescents on the dangers of teenage pregnancy and other health-related issues affecting young people.
According to her, teenage pregnancy is currently on the rise, making it necessary for the ministry to step up awareness programmes among students.
“This is something that is on the rise for now. We have observed that there are many cases of teenage pregnancies, so we are here to sensitise them on ways to prevent it entirely,” she said.
She disclosed that the sensitisation campaign is being carried out in selected schools across four local government areas of the state, namely Obio/Akpor Local Government Area, Port Harcourt City Local Government Area, Ogba/Egbema/Ndoni Local Government Area and Eleme Local Government Area.
Briggs noted that the programme focuses on several key issues affecting adolescents, including sexual and reproductive health, gender-based violence, teenage pregnancy, substance abuse, emotional health and proper nutrition.
She added that the outreach programme also featured tuberculosis screening for students as well as the distribution of sanitary pads and mathematical sets to support their health and academic development.
The programme manager commended the management of Government Girls Secondary School Rumueme for their cooperation and support in hosting the sensitisation exercise. She also advised the students to avoid behaviours that could jeopardise their future.
Speaking during the session, Dr. Nwadike Chinonso urged the students to make informed decisions about their lives and remain focused on their education.
He cautioned them against engaging in early sexual activities, stressing that abstinence remains one of the most effective ways to prevent sexually transmitted infections and unintended pregnancies.
Some of the students who participated in the programme expressed appreciation to the team for the awareness campaign and pledged to apply the knowledge gained to make responsible life choices.

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Extortion, Contraband Scandal Erupts At Kwale Custodial Centre

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Disturbing allegations of extortion, intimidation and the smuggling of prohibited items have unsettled the Kwale Medium Security Custodial Centre (MSCC) in Delta State, prompting calls for urgent intervention by the national authorities of the Nigeria Correctional Service amid fears of potential security breaches within the facility.
The development was disclosed by a senior officer at the Delta State custodial facility, who expressed concern over what was described as entrenched irregularities capable of undermining discipline and operational standards at the centre.
According to the source, detailed findings compiled between December 2025 and January 2026 highlighted patterns of misconduct and warned of possible security consequences should the allegations remain unchecked.
At the centre of the claims is a powerful corrections official serving as Officer in Charge of the Kwale facility, accused of presiding over persistent financial extortion, high-handedness and the victimisation of inmates under his supervision.
The document further indicated that the alleged practices may have originated during the tenure of a former General Provost, reportedly with the collaboration of another senior custodial official within the system.
Intelligence details suggested that inmates were allegedly compelled to contribute funds for projects and items considered outside the statutory framework of inmate welfare, raising questions about compliance with established correctional guidelines.
Among the financial demands reportedly imposed were ¦ 300,000 for the repair of a Hilux vehicle, ¦ 600,000 for the purchase of a freezer and ¦ 750,000 for a generator allegedly designated for the Officer in Charge’s residence.
The report also alleged that inmates were required to make payments before being conveyed to court, while Awaiting Trial Persons in Cells One to Nine were directed to raise ¦ 30,000 per cell, with Convict Cells One to Three, including a designated VIP cell, similarly mandated to pay ¦ 30,000 monthly.
Observers noted that if substantiated, such practices would amount to grave breaches of professional ethics and custodial administration standards, eroding principles of fairness, transparency and inmate welfare within correctional institutions.
Beyond the financial allegations, the intelligence brief raised concerns over the purported possession of unauthorised communication devices, alleging that a serving General Provost had two Android phones while another influential inmate was also reportedly found with a mobile device.
The document further alleged that prohibited items, including alcoholic beverages, Indian hemp and other hard substances, may have been smuggled into the custodial yard under the guise of routine supervision duties, with security sources warning that the cumulative effect of extortion, intimidation and contraband trafficking has heightened tension within the facility.
In view of the gravity of the allegations, they called for an immediate and discreet investigation by the minister of Interior for immediate action to safe the life of inmates.
The administrative review of implicated officers, even as officials of the Nigeria Correctional Service had yet to issue an official statement, with stakeholders insisting that a transparent probe and decisive action are essential to restoring confidence and safeguarding institutional integrity at the Kwale Medium Security Custodial Centre.

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SERAP Sues FG Over Phone-Tapping Rules

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The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Bola Tinubu at the ECOWAS Community Court of Justice over the government’s alleged failure to withdraw “unlawful mass phone-tapping rules” known as the Lawful Interception of Communications Regulations, 2019.

LICR 2019 is a regulation that authorises telecom licensees to install technology for security agencies to monitor communications, including voice, data, text, email, and browsing, for national security and to combat crime.

SERAP, in a statement signed by its Deputy Director, Kolawole Oluwadare, yesterday, said the suit followed allegations by former Kaduna State Governor, Nasir El-Rufai, that the phone conversation of the National Security Adviser, Nuhu Ribadu, was intercepted.

El-Rufai reportedly claimed, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”

In the suit numbered ECW/CCJ/APP/11/26, filed last Friday at the ECOWAS Community Court of Justice in Abuja, SERAP is seeking “a declaration that the failure of the government to withdraw the Interception of Communications Regulations is unlawful and a violation of Nigeria’s international human rights obligations.”

The organisation is also asking the court to declare that the government’s failure to withdraw the regulations “constitutes an official endorsement of unlawful mass phone-tapping rules, as the Regulations are patently unlawful, and violate the rule of law, democratic principles, and the right to privacy.”

It is further seeking “an order directing and compelling the Nigerian government to immediately withdraw the Interception of Communications Regulations, and to commence a legislative process to ensure that any interception regulations are in conformity with Nigeria’s international human rights obligations.”

The suit, filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni, argued that “the Regulations establish a sweeping mass phone-tapping regime that violates Nigerians’ constitutionally and internationally guaranteed human rights, including to privacy and freedom of expression.”

“Where powers affecting fundamental human rights are exercised in secrecy and concentrated in political authorities without independent supervision, the risks of arbitrariness are substantial.

“Surveillance measures that lack strict necessity, proportionality and independent judicial oversight can easily be weaponised against political opponents, journalists, civil society actors and election observers,” it added.

SERAP also warned that the regulations raise concerns as Nigeria approaches the 2027 general elections, noting that broad interception powers could be abused during politically sensitive periods.

“In an electoral climate, even the perception that private communications are being monitored can chill political organising, investigative reporting and voter mobilisation.

“Free and fair elections depend on confidential communications, protected journalistic sources and open democratic debate. Any misuse of intercepted data for intimidation, political advantage or disinformation would fundamentally undermine Nigerians’ right to political participation and electoral integrity.

“As 2027 approaches, interception powers must be narrowly defined, subject to prior independent judicial authorisation and backed by effective remedies. Without robust safeguards, these Regulations risk threatening privacy rights, freedom of expression and the credibility of Nigeria’s democratic process,” the suit stated.

SERAP maintained that any restriction on the right to privacy must comply with the principles of legality, necessity and proportionality, arguing that the regulations fail to meet these requirements.

SERAP also cited the Office of the United Nations High Commissioner for Human Rights as stating that mass surveillance programmes based on indiscriminate and blanket collection of personal data are arbitrary and cannot satisfy the requirements of legality, necessity and proportionality.

The group said the Nigerian government has a duty to adopt clear laws, safeguards, independent oversight mechanisms and accessible remedies to prevent abuse by state agencies and private actors, including telecommunications providers and technology companies.

According to SERAP, the Nigerian Communications Commission (NCC) adopted the Lawful Interception of Communications Regulations, 2019 while exercising its powers under Section 70 of the Nigerian Communications Act, 2003.

The organisation argued that Regulation 4 grants broad discretionary interception powers to the National Security Adviser and the State Security Services, with little clarity on the scope or limits of such authority.

SERAP also pointed to inconsistencies within the regulations, noting that while Regulation 4 and Regulation 12 restrict interception powers to the NSA and SSS, Regulation 23 expands the category of authorised agencies to include bodies such as the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission, National Drug Law Enforcement Agency, and any other agency the commission may designate.

The organisation said this ambiguity undermines legal certainty and creates the risk of arbitrary application and abuse.

It also criticised provisions allowing interception without a warrant in certain circumstances, arguing that such powers are overly broad and susceptible to misuse.

SERAP further expressed concern that the regulations do not require authorities to notify individuals who have been subjected to surveillance, which it said weakens the ability of citizens to challenge unlawful monitoring.

The organisation warned that requirements compelling telecommunications licensees to install interception equipment and disclose encryption keys could undermine cybersecurity and discourage privacy-enhancing technologies.

SERAP acknowledged the government’s responsibility to address national security and organised crime but argued that such measures must remain within constitutional and international human rights limits.

No date has been fixed for the hearing of the suit.

 

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