News
Anxiety In Kogi As Supreme Court Decides Gov’s Fate, Today
An air of uneasiness has enveloped Kogi State as parties to the dispute over the last governorship election in the state anxiously await the verdict of the Supreme Court scheduled to be handed down in Abuja, today.
The nation’s apex court is expected to deliver two judgments on the two surviving appeals on the dispute over whether or not the candidate of the All Progressives Congress (APC) and incumbent Governor, Alhaji Yahaya Bello, was lawfully returned by the Independent National Electoral Commission (INEC) as the winner of the November 16, 2019 election.
The first appeal, marked: SC/CV/388/2020, was filed by the Peoples Democratic Party (PDP) and its candidate, Engr Musa Wada, while the second one was filed by the Social Democratic Party (SDP) and its candidate, Ms Natasha Akpoti.
The appellants are, among others, praying the court to reverse the judgments of the Court of Appeal, which upheld the decisions of the election tribunal, affirming Bello’s victory at the poll.
There was a third appeal filed by the Democratic People’s Party (DPP) and its candidate, Usman Mohammed, but it did not survive the court’s last proceedings on August 25, 2020.
The appellants’ lawyer, M. S. Ibrahim applied to withdraw it on realising that his clients’ case would not fly.
The appellants had challenged INEC’s disqualification of DPP’s candidate, who was said to be 31 years old as against the 35 years allowed by law.
Upon Ibrahim’s oral application for withdrawal, the court’s seven-man panel, led by the Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad, struck out the appeal, and awarded N200,000 cost against the appellants and in favour of the APC and Bello.
On the same day, the court entertained arguments from lawyers to parties in the appeals by the PDP and SDP and their candidates, following which it adjourned till August 31, 2020, for judgment in both appeals.
Lawyer to the PDP and Wada, Jibrin Okutepa (SAN), while adopting the appellants’ brief of argument, prayed the court to allow his client’s appeal, and grant the reliefs contained therein.
Okutepa contended, among others, that the five Justices of the Court of Appeal erred in law when they upheld the majority decision of the election tribunal, which validated Bello’s election.
On their part, lawyers to the Independent National Electoral Commission (INEC), Bello and APC – Alex Izinyon (SAN), Joseph Daudu (SAN) and Ahmed Raji (SAN) – urged the court to reject the appeal on the grounds that it lacked merit.
They prayed the court to retain the concurrent findings of the Court of Appeal and the majority decision of the tribunal, to the effect that Bello was validly returned as the winner of the election.
Similar arguments were made in relation to the appeal by the SDP and Akpoti
The PDP and Wada, in their appellants’ brief of argument, raised five issues for the court’s determination.
They are: “Whether the Court of Appeal acted without jurisdiction and in breach of the right to fair hearing of the appellants when it considered and determined the appeal before it on issues that did not arise from the majority judgment of the trial tribunal and or the notice and grounds of appeal filed before it.
“Whether the Court of Appeal was right in affirming the decision of the trial tribunal striking out several paragraphs of the appellants’ petition and deeming grounds ‘B’ and ‘C’ of the petition to have been abandoned.
“Whether the Court of Appeal was not in grave error in holding that the evidence of PWl9 (the forensic expert) and his report (exhibit P185A) have no evidential value.
“Considering the peculiar facts and circumstances of this case, whether the court below was right in holding that the failure by the appellants to call polling unit agents in the polling units complained of in the seven contested local government areas of Kogi State is fatal to the petition.
“The Court of Appeal rejected the reasons given by the trial tribunal for not according weight to the evidence of PW19 and exhibit P185A as can be seen on pages 5,175 to 5,176 of the record, volume 12 thereof. But, in breach of the right to fair hearing of the appellants, the court below suo motu (on its own volition) gave its own reasons and discountenanced the evidence of PW19 and exhibit P185A as can be seen on pages 5,175 to 5,176 of the record, volume 12 thereof”.
Izinyon raised two issues for the court’s determination in the first respondent’s brief of argument he filed for INEC.
They are: “Whether the court below was right in law in affirming some of the decisions of the trial tribunal granting the prayers in the various interlocutory applications of the respondents.
“Whether the lower court was right in dismissing the appellants’ appeal, having regard to the state of pleadings and the evidence led by the appellants at the trial tribunal.”
In his second respondent’s brief of argument, Bello raised three issues for the court’s determination.
They are: “Whether the court below considered in its judgment, issues raised suo motu that neither arose from the trial tribunal’s judgment nor raised by the second respondent.
“Whether the court below was right to have arrived at the conclusion that the appellants could not rely on facts and particulars pleaded specifically in support of the already abandoned grounds ‘B’ and ‘C’, relating to non-compliance and corrupt practices, to establish their principal and only surviving ground of complaint to wit: that the second respondent did not score majority of lawful votes in the said election.
“Whether, having regard to the ground of majority of lawful votes relied upon by the appellants, the court below was correct when it affirmed the conclusion of the trial tribunal that the appellants failed to prove that the second respondent was not elected by majority of lawful votes”.
The PDP and Wada had, shortly after INEC announced the result of the election, filed a petition on December 7, 2019, before the Kogi State Governorship Election Petition Tribunal, which sat in Abuja.
On May 23, 2020, the tribunal, in a split decision of two-to-one, dismissed the petition and upheld INEC’s return of Bello as the winner of the election.
The tribunal’s Chairman, Justice Kashim Kaigama, and a member, Justice Baraka Wali, gave the majority decision, while another member, Justice Ohimai Ovbiagele, gave the minority dissenting judgment, upholding the petition and voiding Bello’s election.
The PDP and Wada appealed the majority decision of the tribunal at the Court of Appeal in Abuja.
But in a judgment on July 4, 2020, the appellate court’s five-man panel was unanimous in dismissing the appeal, and proceeded to uphold the majority decision of the tribunal.
On the Court of Appeal’s panel were Justices Adamu Jauro, Haruna Simon Tsammani, Onyekachi Aja Otisi, Elfreda O. Williams-Daudu and Mohammed Lawal Shuaibu.
The PDP and Wada again appealed to the Supreme Court, which heard the case on August 25 and scheduled the judgment for August 31, 2020.
The case by SDP and Akpoti has a similar history but for the fact that there was no split in the tribunal’s decision given on May 18, 2020.
The tribunal was unanimous in dismissing their petition.
On appeal to the Court of Appeal, a five-man panel of the court, in a judgment on July 4, 2020, dismissed the appeal for lacking in merit; a decision the SDP and Akpoti further appealed to the Supreme Court.
The judgment on the same case at the apex court is also slated for today.
Rivers State Head of Service, Dr (Mrs) Inyingi Brown, has called on rural communities in the State to embrace the Rural Access and Agricultural marketing project (RAAMP) with a view to improving their living conditions.
This follows the ongoing sensitization campaign by the State Project Implementation Unit (SPIU) visits to Degema, Abonnema, Afam headquarters of Degema, Akuku Toru and Oyigbo Etche and Omuma local government areas respectively.
Dr Brown who was represented by the Deputy Director, Special Duties in her office, Mrs Dein Akpanah, said RAAMP was initiated by the Federal Government and World Bank to economically empower rural dwellers.s
She said the World Bank understands the plights of rural farmers and traders in the State, and therefore came up with the programme to address them.
According to her, RAAMP will improve the conditions of farmers, traders and fishermen, and therefore, behoves on every rural communities in the State to embrace the programme.
The Head of Service also said the programme would support the youths to be gainfully employed while bridges and roads will be built to link farms and fishing settlements.
Also speaking, the State project coordinator, Mr Joshua Kpakol, said the programme has the potential of creating millionaires among farmers and fishermen in the State.
Kpakol who was represented by Engr. Sam Tombari, said RAAMP would help farmers and fishermen to preserve their produce.
According to him, the project will build cold rooms and Silos for preservation of crops and fishes while access roads will also be created to link farmers and fishermen to the market.
He, however, warned them against any act that will lead to the suspension of the projects by the World Bank.
Kpakol particularly warned against acts such as kidnapping, marching ground, gender based violence and child labour, adding that such acts if they occur may lead to the cancellation of the project by the World Bank.
During the visit to Oyigbo local government area, Mr Joshua Kpakol, said the team was there to let them know how they will benefit from the Raamp.
The coordinator who was personally at Oyigbo said the World Bank introduced the project to check food insecurity in the State.
He said already 19 states in Nigeria are already benefitting from the project and called on them to embrace the project.
Meanwhile, stakeholders in the three local government areas have commended the World Bank for including their areas in the project.
They, however, complained over the incessant attacks by pirates on their waterways.
At Degema, King Agolia of Ke kingdom said land was a major problem in the kingdom.
King Agolia represented by High Chief Alpheus Damiebi said many indigenes of the kingdom are willing to go into farming but are handicapped by lack of land.
Also at Degema, the representative of the Omu Onyam Ekeim of Usokun Degema kingdom, Osoabo Isaac, said Degema has embraced the programme but needed more information on the implementation of the programme.
Similarly, while High Chief Precious Abadi advised that the project should not be narrowed to only crop farming, a community women leader, Mrs Orikinge Eremabo Otto, called for the construction of cold rooms in all fishing settlements in the area.
At Abonnema, Mr Diamond Kio linked the problem of the area to incessant piracy along waterways.
He also expressed fears over the possibility of the project being hijacked by politicians.
Also at Abonnema, a stakeholder, Ikiriko Kelvin, called on the World Bank to design an agricultural project that will suit the riverine environment, while at Oyigbo, HRH Eze Boniface Akawo expressed satisfaction with the project.
John Bibor
The political mudslinging between the Senate leadership and Senator Natasha Akpoti-Uduaghan continued yesterday as the Senate named Senator Aniekan Bassey as the new Chairman of the Committee on Diaspora and Non-Governmental Organisations.
Senate President, Godswill Akpabio, announced the appointment during yesterday’s plenary, confirming Bassey’s replacement of Senator Natasha Akpoti-Uduaghan, who is currently on suspension.
Akpoti-Uduaghan was reassigned to the Diaspora and NGOs Committee in February after she was removed as Chair of the Senate Committee on Local Content during a minor reshuffle.
Bassey is the senator representing Akwa Ibom North-East Senatorial District.
Although no reason was given for her removal yesterday, the change is believed to be connected to her unresolved suspension.
In May, Justice Binta Nyako of the Federal High Court ordered her reinstatement and directed her to tender an apology to the Senate.
However, the Senate has insisted it has not received a certified true copy of the court judgment.
Akpoti-Uduaghan who represents Kogi Central, has yet to resume her legislative duties despite a recent court ruling that voided her suspension.
In a televised interview on Tuesday, Akpoti-Uduaghan said she was awaiting the Certified True Copy of the judgment before officially returning to plenary, citing legal advice and respect for institutional process.
Although the Federal High Court described her suspension as “excessive and unconstitutional”, a legal opinion dated July 5 and attributed to the Senate’s counsel, Paul Daudu (SAN), argued that the ruling lacked any binding directive to enforce her reinstatement.
Akpoti-Uduaghan, one of only three female senators in the current assembly, said the continued delay in allowing her return was not only a denial of her mandate but also a blow to democratic representation.
“By keeping me out of the chambers, the Senate is not just silencing Kogi Central, it’s denying Nigerian women and children representation. We are only three female senators now, down from eight,” she said.