Politics
Yar’Adua: The Politics, The Debate
Many people are worried about the president’s absence which is already having negative effect on state matters. The new President of the Court of Appeal, Justice Ayo Isa Salami, and Chief Justice of Nigeria, Justice Katsina Alu were supposed to be sworn-in by the president after the confirmation of their appointments by the Senate.
Also, the annual National Merit Award list which was due at the end of last year, was also delayed due to the absence of the president.
Apart from this, the National Assembly last November, passed the N353.6 billion supplementary budget, which includes capital spending of about N253 billion. Part of the money is for the rehabilitation of the ex-militants and other post amnesty intervention programmes in the Niger Delta.
However, when it became apparent that the nation may not have a substantive chief justice, the Minister of Justice, Michael Aondoakaa, had to come out and state that the out-going chief justice Idris Kutigi could perform the swearing in on behalf of the president.
Despite protest from some lawyers and civil rights activities; Kutigi had justified the action by saying that the Oath Act of 2004 provides for the swearing-in of the CJN, justices of the Supreme Court, president of the Court of Appeal and justices of the Court of Appeal, among others by the president or the CJN.
Surprisely, Barrister Ibimina Kelechi a legal practitioner based in Port Harcourt, never concurred with this argument, as he said he had already proceeded to the Federal High Court, Abuja to fault the swearing-in of the CJN.
According to him, with the swearing-in of Justice Alloysius Katsina-Alu as the CJN, a constitutional vacuum has been created. Kelechi said, “Nigeria political and constitutional history would never be the same again.”
But Hon. Justice C.J. Okocha does not seem to agree with his learned colleague, as he said the swearing-in and the administration of oath on Justice Katsina-Alu was in order.
Okocha also the former president of NBA admitted that the out gone CJN does not lack the power to administer oath on the present CJN, but noted that there would have been chaos if one arm of government did not have a leadership.
In spite this development, controversies have continued to trail all the executive functions performed in the absence of the president, for example, the off-shore signing of the supplementary budget by the President ran into the fire storm of public discourse. Some were skeptical over whether it was true that Yar’Adua actually signed the budget, whether or not the signature on the N353.6 billion supplementary budget was that of President Umaru Yar’Adua.
A release from the Presidency had stated that the president actually signed the budget in the hospital in Saudi Arabia, five weeks after it was passed by the National Assembly.
Some were cynical whether it was true that his Principal Secretary, David Edebvie, actually took the budget to him in Saudi-Arabia. The pen with which President Yar’Adua allegedly signed the off-shore supplementary budget hardly dried up before the Ijaw National Congress (INC) called for the photograph of the President in action as usual or the signature for forensic verification.
However, the Attorney-general of the Federation, Chief Michael Kaase Aondoakaa (SAN), while contributing to the debate said that President Umaru Yar’Adua “can perform his functions as President from any where in the world”.
According to him, Yar’Adua was not suffering from infirmity of body or mind as to render him permanently incapable of discharging the functions of his office from any where in the world. He noted that the Federal Executive Council, (FEC) which is a creation of the Nigerian constitution, had on December, 2 invoked its powers under section 144 (1) (a) of the 1999 constitution to pass a resolution and declared Yar’Adua fit to continue in governance.
The minister argued that there was no need for Yar’Adua to inform the National Assembly on exercising the functions of his office through the vice president and his ministers as enshrined in section (5) (1) and section 148 (1) of the 1999 Constitution.
Section 5(1) of the 1999 Constitution of the Federal Republic of Nigeria reads: “subject to the provisions of this constitution, the executive powers of the federation
(a) shall be vested in the president and may subject as aforesaid and to the provisions of any law made by the National Assembly be exercised by him either directly or through the vice president and ministers of the government of the federation or officers in the public service of the federation and (b) shall extend to the execution and maintenance of this constitution, all laws made by the National Assembly and to all manners has, for the time being power to make laws, section 148 (1) of the 1999 constitution also reads:
(b) (1) The president may, in his discretion, assign to the vice president or any minister of government of the federation responsibility for any business of the government of the federation including the administration of any department of government. According to him, Yar’Adua has since been delegating the powers of his office to members of the FEC including the vice president.
He said the call by some Nigerians and the reliefs being sought in the pending suits before the court to compel the president to either resign his office or inform the National Assembly of his ill-health to allow Jonathan take over as acting president were unnecessary. The suit was filed by Lagos lawyer, Femi Falana. Aondoakaa argued that in the first place, the case of Yar’Adua’s health was not all that bad to necessitate the invocation of section 145 of the 1999 Constitution.
He said assuming without conceding that it was that bad, the invocation of the provision of section 145, which is one of the principal reliefs being sought by Falana is discretionary.
The section 145 of the 1999 Constitution reads: “whenever the president transmits to the president of the Senate and the speaker of the House of Representatives a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions, such functions shall be discharged by the vice president as acting president.”
But a right group, Socio-Economic Rights and Accountability Project (SERAP), has petitioned the UN Human Rights Council (UNRC), requesting the body to urgently consider the deteriorating economic and social rights situation in Nigeria due to President Umaru Musa Yar’Adua’s prolonged absence from duty, and his failure to empower the Vice President Goodluck Jonathan, to act as president to sign and effectively implement the 2009 supplementary budget, and the budget for 2010.
The petition dated 3 January 2010 and signed by SERAP’s Executive Director, Adekunbo Mumuni, copy of which was made available on line urged the HRC “to simultaneously hold a special session on the non-compliance by the Nigerian government with its obligations in relation to the realisation of economic, social and cultural rights; and to consider this petition under the HRC new complaint procedure established pursuant to resolution 60/251 of 15 March 2006”.
Similarly, a youth group under the aegis of Amalgamated Northern Political Forum and the South Elements Progressive Union, have warned that “Nigeria risks losing its democratic gains of the past years if the country continues to function without a president.”
The group, through their national chairman, Mr. John Yahaya and Joseph Ambakederimo, respectively insisted that those speaking against the president’s continued refusal to follow constitutional process since leaving the country about 42 days ago, should not be seen as hating the president.
The Conference of Nigerian Political Parties, the Action Congress and some prominent lawyers had opposed the legality of Yar’Adua’s signing of the Supplementary Budget in Saudi Arabia.
However, as Yar’Adua continues to stay in Saudi Arabia for medical treatment, his sudden departure “without formally handing over” political analysts say, “will continue to generate controversy among Nigerians, due to the obvious vacuum his absence has created in the act of governing the country at this critical period.”
Politics
Senate Defends Passage Of State Police Bill
The Senate has defended the passage of the Constitution of the Federal Republic of Nigeria (Alteration) (State Police) Bill, 2026, saying the proposed creation of state police is driven by national consensus and the country’s security needs rather than political considerations.
The Red Chamber passed the bill last Wednesday after more than two-thirds of senators voted in support.
In a statement issued yesterday by the Directorate of Media and Public Affairs, Office of the Senate Leader, Senator Opeyemi Bamidele described the bill as “a child of necessity and not of political expediency as well as a product of national consensus and not of cynicism.”
The senate leader said the proposal to establish state police was a matter of urgent public importance that could not be delayed because of political interests, given the country’s security challenges.
He explained that the proposal did not originate recently but emerged from memoranda submitted to the Senate Ad-hoc Committee on the Review of the 1999 Constitution.
According to him, the proposal underwent extensive consultations and rigorous scrutiny because of its sensitive nature.
Bamidele said the National Assembly consulted widely with the Executive, the Nigeria Governors’ Forum, the Conference of Speakers of State Legislatures of Nigeria, the leadership of the Nigeria Police and other stakeholders before passing the bill.
He added that during the public hearings conducted across the six geopolitical zones in July 2025, participants overwhelmingly supported the creation of state police.
“At each level of our consultation, nearly all stakeholders embraced the State Police Bill in the light of stark realities we are facing today,” he said.
The Senate leader noted that recommendations from the Nigeria Police contributed to the bill, particularly on accountability and oversight mechanisms aimed at preventing abuse of state police by political actors.
According to him, the police’s support for the proposal underscores its national significance in tackling insecurity at the state and local levels.
Bamidele also said the bill received broad bipartisan backing in both chambers of the National Assembly.
“Even though the APC is the majority, there are members of opposition parties — PDP, ADC, NDC and Labour Party — that exercised their discretion in favour of the Bill, mainly in the national interest and not on parochial basis.
“In the Senate, for instance, 84 out of 109 members voted clause by clause in support of the Bill. This accounted for 77.06 per cent approval at the Senate alone,” he said.
He argued that national security should transcend political affiliations, saying political actors in other countries often set aside partisan interests to support initiatives that strengthen security.
Bamidele called on opposition parties to contribute constructive ideas that would promote peace and stability, adding that they have a responsibility to offer alternatives that would strengthen the country.
“Even when they disagree on some grounds, they are under obligations to provide credible and useful ideas that can make our nation better and greater. Unfortunately, they have not passed this critical test of opposition democracy,” he said.
News
Probe N6.3bn Constituency Funds Or Face Legal Action, SERAP Tells Akpabio, Abbas
The Socio-Economic Rights and Accountability Project (SERAP) has called on Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas, to refer allegations of the diversion or non-accounting of over ?6.3 billion in constituency project funds to anti-corruption agencies for investigation and possible prosecution.
The group also urged the National Assembly leadership to ensure that anyone found culpable is prosecuted where sufficient admissible evidence exists, while all diverted or unaccounted public funds are recovered and paid into the treasury.
In a letter dated June 27, 2026, and signed by its Deputy Director, Kolawole Oluwadare, SERAP said the allegations were contained in the Auditor-General of the Federation’s 2022 Annual Report, published on September 9, 2025.
The organisation disclosed this in a statement signed and released by Oluwadare, yesterday.
SERAP also asked Akpabio and Abbas to disclose the identities of contractors and companies, including their shareholders and beneficial owners, that allegedly received constituency project funds but failed to execute the projects.
It gave the National Assembly seven days to act on its recommendations, warning that it would institute legal proceedings should the legislature fail to respond.
“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and the National Assembly to comply with our request in the public interest,” the letter stated.
It said, “The allegations involve several federal ministries, departments and agencies, including the Environmental Health Registration Council of Nigeria (EHORECON); the Federal College of Animal Health and Production Technology, Volm; the Federal Polytechnic, Udana; the National Agency for the Prohibition of Trafficking in Persons (NAPTIP); and the National Institute of Legislative and Democratic Studies (NILDS).
“The Auditor-General identified numerous cases of payments into private bank accounts, contracts awarded without due process, payments for contracts not executed or services not rendered, undocumented expenditures, inflated contracts, procurement irregularities and failures to account for public funds, recommending in each case that the funds be recovered and remitted to the treasury.
“According to the 2022 audited report, contained in pages 367 to 396, the Environmental Health Registration Council of Nigeria (EHORECON or Council) Abuja paid over ‘N22 million [N22,944,565.16] into the private account of some members of staff of the Council from the Constituency Projects Fund Account.
“There ‘was no evidence of the utilization of the funds and no explanations on the purpose for the payment of such amount into the individual accounts.”
SERAP added, “The Council (EHORECON) also in 2021 ‘awarded suspicious consultancy contracts of over N12 million [N12,030,818.29] for the development of Modern Abattoirs in Kebbi State and the supervision of 7 projects in Kebbi, Jigawa, and Headquarters Abuja.
“The money was to ‘produce bills of quantity, architectural design, structural design, mechanical design, and electrical designs for the contracts and supervision.’ But ‘the ‘items could not be found.’”
Altogether, SERAP said the Auditor-General’s 2022 report alleged EHORECON paid more than ?1.8 billion in constituency project funds through questionable transactions.
For the Federal College of Animal Health and Production Technology, Vom, SERAP said the institution “in 2022 reportedly ‘paid over N279 million [N279,700,500.00] to 3 contractors to empower and train youths in selected vocational areas in Borgu and Kontagora, Niger State, train women and youths in entrepreneurship in Niger East Senatorial District and to train youths and women in agro production and self-reliance in Barki Ladi/Riyom Federal Constituency, Plateau State.
“But the money was paid to the contractors without any document.’”
Other irregularities involving the college include another ?279.7 million in mobilisation fees allegedly paid without documentation, and more than ?629.4 million paid to unqualified contractors for various constituency projects without evidence of due process, contract advertisements or details of the contractors.
SERAP further alleged that the Auditor-General’s report identified multiple financial irregularities involving the Federal Polytechnic, Ukana, Akwa Ibom State, including over ?407 million allegedly paid as mobilisation fees without supporting documents, more than ?399 million paid to unqualified contractors, contracts allegedly inflated by over ?192 million, over ?279 million paid for projects not fully executed, ?50 million allegedly paid for an unexecuted borehole project, and more than ?83 million disbursed without the required documentation or approvals.
It also alleged that NAPTIP reportedly irregularly awarded contracts worth over ?21.8 million, paid more than ?176.8 million for logistics and consultancy services without supporting documents, and disbursed over ?89.6 million and ?4.4 million for projects that were allegedly not executed.
The report also alleged that NILDS failed to submit audited financial statements for 2012 to 2022, did not remit over ?15 million in stamp duties, and spent ?1.6 million without authorisation from the Office of the Accountant-General of the Federation.
SERAP said the report recommended the recovery of the affected funds and their remittance to the treasury.
It argued that corruption in constituency projects disproportionately affects poor and vulnerable Nigerians by diverting resources meant for public services and development.
It added that the National Assembly, in exercising its oversight responsibilities, should demonstrate leadership by ensuring accountability in the management of constituency project funds.
The organisation further argued that the allegations, if established, would amount to breaches of the Constitution, the Fiscal Responsibility Act 2007 and the Public Procurement Act 2007, which require transparency, accountability and due process in the management of public resources.
Politics
Parties’ Deregistration: How Justice Lifu Overruled Appeal Court Justices
Justice Peter Lifu of the Federal High Court in Abuja on Monday brushed aside the order of the Court of Appeal in Abuja which ordered him to stay proceedings in a suit that sought deregistration of the African Democratic Party (ADC), Accord Party and three others.
The Court of Appeal in a unanimous decision of a panel of three Justices had on May 22, 2026 directed the Federal High Court Judge not to proceed with the suit until an appeal pending before them and filed by Accord Party is resolved.
In a Certified True Copy Enrol Order of the Superior Court, Justices Mohammed Danjuma, Adebukola Banjoko and Oyejoju Oyewumi asked the lower Court Judge to stay proceedings until all issues on the appeal filed by the Accord Party were resolved
Governor Ademola Adeleke of Osun State had, through the Accord Party, applied to justice Lifu to join him as a defendant in the deregistration legal battle instituted by a group of former legislators.
The contention of the Osun State governor was that he had a stake in the Accord Party, being the platform he was seeking re-election in the August 15 gubernatorial poll in the state.
In his ruling, Justice Lifu on April 27 ruled against the Osun State governor, rejecting his request to be joined in the suit to defend his own position and interest.
Not satisfied with the Federal High Court decision, the Osun State governor, through his lawyer, Musibau Adetunbi (SAN), moved to the Court of Appeal in Abuja where he challenged the Justice Lifu decision to refuse to allow him join the suit.
After listening to the argument canvassed, especially that he has interest to protect as Accord Party gubernatorial candidate for Osun State governorship election, the three Justices of the Court of Appeal, unanimously directed Justice Lifu to allow them look into the grievances of the governor.
In specific terms, the Court of Appeal Justices directed Justice Lifu not to proceed further with the matter and fixed October 27 to determine the interlocutory appeal of the appellant.
However, when the certified enroll order and notice of appeal were served on Justice Peter Lifu by Mr Adetunbi (SAN), the judge rejected it on the ground that it was a ploy to arrest his judgment in the matter.
Although the judge had adjourned his judgment delivery in the matter indefinitely, he finally made a dramatic turn around on Monday and proceeded to deliver the judgment that has now proscribed the five political parties.
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