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Supreme Court Upholds Mimiko’s Election …As NGF Hails Action

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The Supreme Court yesterday upheld the election of Olusegun Mimiko of the Labour Party (LP) as governor of Ondo State.
A panel of seven Justices, presided by Justice Sylvester Nguta held that the appeal filed against Mimiko’s re-election was unsustainable.
Mr Rotimi Akeredolu, candidate of the defunct Action Congress of Nigeria (ACN) challenged the July 2 decision of the Appeal Court which upheld the October 20, 2012 re-election of Mimiko of the Labour party (LP).
Nguta held that the decision of the Akure Division of the Appeal Court on the matter was apt, adding that the apex court would not upturn an appellate decision which was given according to evidence brought before it.
According to Nguta, the appellant did not sufficiently prove his plethora of allegations against the conduct of the election.
“The appellant failed to prove the allegations of substantial non-compliance of the 2012 election with Electoral Act 2010 as amended beyond reasonable doubt.
“The appellant also failed to provide cogent evidence of the voter register he claimed was manipulated just as he was unable to prove allegations of fraud, irregularities and violent disruption of the election.
“In the circumstance, the appeal fails and it is therefore dismissed; the decision of the Akure Division of the Appeal court on the matter is thereby upheld,’’ he said.
Akeredolu claimed that the Independent National Electoral Commission (INEC) conspired with Mimiko to illegally inject about 90,000 fake voters in the voter register used for the election.
He further alleged that INEC failed to display the voter register before the election as mandated by the Electoral Act.
According to him, the election ought not to have been held as the processes leading to casting of votes were fraudulent.
The INEC returning officer and Vice Chancellor of the Federal University of Technology, Adebiyi Daramola announced Mimiko to have won the election with 260,199 votes from the 18 Local Government Areas of the state.
However, Daramola announced that ACN’s candidate, Akeredolu polled a total of 143,512 votes.
Nguta further held that it was not proved how the allegation of injection of over 90,000 voters in the voter register affected the final outcome of the election.
In a similar judgment, Justice Mary Peter-Odili delivering judgment in a similar appeal filed by Olusola Oke of PDP held that the appeal lacked merit.
She said the allegation against the conduct of election required to be proved beyond reasonable doubt, adding that “neither Oke nor his party did the needful to warrant the granting of any of the prayers.
Dissatisfied with the decision of the appellate court, Oke had approached the Supreme Court for what he called “further and better interpretation of the issues raised’’.
He had sought the apex court to declare whether the decision of the lower court to overlook the allegation of the manipulation of the voter register was right.
Oke in his appeal prayed the court to upturn the decision of the Court of Appeal and declare him winner of the election.
In the alternative, the PDP candidate sought a fresh conduct of the election.
Our correspondent reports that the INEC returning officer said Oke scored a total of 155,961 votes thereby placing him in third position of the log.
Speaking with newsmen after the judgment, Mimiko expressed delight on the outcome of the challenge, saying, “the stage is now set for us to serve the people’’.
“I owe the victory to God, all my supporters, the party, and of course all my well wishers; the distraction is over so I can now settle down to work,’’ he said.
Meanwhile, the Governor Chibuike Rotimi Amaechi-led faction of the Nigeria Governors Forum (NGF) has congratulated Governor Olusegun Mimiko of Ondo State on the Supreme Court judgment that upheld his election.
Director-General of the forum, Mr Asishana Okauru,  in a statement yesterday in Abuja, described the judgment as “land mark and a plus to the Nigerian judiciary”.
“The judgment in this case shows that the Nigerian judiciary has indeed come of age,’’ he said.
He praised Mimiko for standing firm and for remaining undaunted while the case lasted.
The director-general also thanked the people of the state for their understanding and support during the case.
Okauru, however, advised the governor to remain committed to the cause of ensuring the delivery of true democratic dividends to the people of the state.
He described governors as critical pillars and vital channels for the delivery of dividends of democracy to the electorate and urged them to remain so at all times.
The NGF called on the Supreme Court  “to remain steadfast in anticipation of several other pre-election and post-election cases as we move towards 2015’’.
Our correspondent reports that Governor Mimiko is the Vice Chairman of the Governor Jonah Jang faction of NGF.
The seven-man panel of the apex court, led by Justice Walter Onoghene, yesterday ruled in favour of Governor Mimiko and declared him the elected governor of the state.
The panel had ruled on the election petitions filed by Mr Rotimi Akeredolu of the former Action Congress of Nigeria and Olushola Oke of the People’s Democratic Party.
Akerodolu and Oke were both candidates of their parties in the 2012 Ondo State governorship election that brought Mimiko to office.
The two appellants had asked the court to nullify Mimiko‘s election and order a fresh election.
They alleged that the election that brought Mimiko to office was marred by irregularities and corruption in the compilation of the voters’ register.
They also accused the Labour Party (LP) of conniving with INEC to inflate the voters’ register used for the election.

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25 Killed In Adamawa Jihadist Attacks

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At least 25 people were killed in two separate jihadist attacks in Adamawa state, local sources told AFP, yesterday.

The attacks in the towns of Madagali and Hong in the border region with Cameroon were attributed to Boko Haram jihadists, whose fighters have been active in the area since the group began its violent insurgency in 2009.

“Gunmen, we believed to be Boko Haram on many motorcycles… attacked the market. They opened fire on people and killed 21,” a Madagali local government official told AFP about the Tuesday evening attack, on the condition of anonymity.

“We are still searching for more bodies as some might have died in the bush from gunshot wounds while trying to find safety.”

The attackers also looted a market and stole food items and motorcycles, the source said.

Four others, including three troops, were killed in neighbouring Hong, resident Ezekiel Musa told AFP.

“Boko Haram attacked us after they left the town. We saw the corpses of three soldiers and one woman was killed,” Musa said.

Now the town has security personnel but some of us have already started leaving the town because of fear of what happened.”

Adamawa State Governor, Adamu Umaru Fintiri, condemned the attack without providing an official toll in a statement.

“We will not let terrorists undermine our efforts to restore peace and stability,” he said in the statement.

“I warn perpetrators: desist from these senseless attacks or face the full weight of our collective resolve.”

Since 2009, the jihadist insurgency in Nigeria, led primarily by Boko Haram and its rival faction, the Islamic State West Africa Province (ISWAP), has left more than 40,000 dead and two million displaced in the northeast of the country, according to the United Nations.

Nigeria is also grappling with other armed groups that have compounded its insecurity challenges in the north of the country.

The jihadist conflict has spread to neighbouring Niger, Chad, and Cameroon, prompting the formation of a regional military coalition to fight these groups.

The coalition has lost steam in recent years after the withdrawal of Niger due to a diplomatic spat with Nigeria following a 2023 military coup in Niger.

Earlier this month, the United States began deploying troops to Nigeria to provide technical and training support to the country’s soldiers in fighting the jihadist groups.

The US Africa Command said 200 troops were expected to join the deployment overall.

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S’South Group Writes Tinubu, Seeks Executive Order On 13% Derivation Fund

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A socio-political group in the South-South, the Niger Delta Civil Society Forum, has written an open letter to President Bola Tinubu, raising constitutional concerns over what it described as the illegal and unconstitutional implementation of the 13 per cent Derivation Fund in the country.

In the open letter, signed by its Coordinator, Ezekiel Kagbala, copies of which were made available to journalists in Warri, yesterday, the forum warned that “the prevailing practice undermines the supremacy of the 1999 Constitution (as amended) and continues to shortchange oil-producing communities of the Niger Delta.”

While noting that it was “compelled to speak out in the spirit of patriotism, constitutionalism, and justice,” the forum maintained that “oil and gas matters are expressly listed under Item 39 of the Exclusive Legislative List in Part I of the Second Schedule to the Constitution, covering mines and minerals, including oilfields, oil mining, geological surveys, and natural gas.”

The forum appealed to Tinubu to, “without further delay, issue an Executive Order to correct the alleged anomalies by ensuring lawful administration of the 13% Derivation Fund.”

This, it stated, should include the establishment of a 13% Derivation Fund Board in each oil- and gas-producing state and the constitution of a Presidential Monitoring Committee to guarantee transparency, accountability, and strict constitutional compliance.

“This appeal is not political; it is constitutional. It is not adversarial; it is corrective,” the forum said, reiterating that “continued unconstitutional handling of the Derivation Fund undermines the rule of law and deprives host communities of the justice the Constitution guarantees them.”

The open letter added, “By the doctrine of separation of powers, only the Federal Government, acting through the President, has jurisdiction over matters on the Exclusive Legislative List.

“State governors and state assemblies lack constitutional authority to legislate on, administer, or appropriate funds derived from oil and gas resources.

“Yet, for over thirty years, governors of oil- and gas-producing states and their state assemblies have exercised control over derivation funds.”

The forum described the ongoing practice as “persistent constitutional overreach and illegality.”

It cited Section 162(2) of the 1999 Constitution, which provides that the principle of derivation shall be “not less than thirteen per cent of the revenue accruing to the Federation Account from any natural resources.”

The forum argued that under the derivation principle, the 13% Derivation Fund is a first-line charge on the Federation Account, constitutionally set aside before the remaining 87 per cent is shared among the Federal, State, and Local Governments.

“In law and practice, first-line charges are paid directly to beneficiaries. The Federal Government is a second-line charge, states third-line, and local governments fourth-line,” the forum explained.

It added, “The current practice of handing the 13% Derivation Fund to state governors to administer has no constitutional foundation and undermines transparency, accountability, and the intent of the Constitution.”

The forum recalled that when Chief Wellington Okrika, popularly known as “Mr. 13 Per Cent,” spearheaded the historic struggle for the derivation principle, state governors were not part of that agitation.

According to the NDCSF, no compensation or formal recognition was ever accorded to Chief Okrika, despite his central role in advancing the derivation principle from which oil-producing states now benefit.

“The present mindless abuse of the derivation principle by political actors who neither fought for it nor respect its constitutional foundations is unjust, morally troubling, and capable of attracting international intervention if allowed to continue unchecked,” the forum posited.

To further support its position, the NDCSF referenced constitutional precedents. It recalled that under President Shehu Shagari, when derivation stood at 1.5 per cent, the funds were not disbursed to governors but managed through presidential oversight and monitoring structures.

Similarly, the forum noted that when General Ibrahim Babangida increased derivation to 3 per cent, he established OMPADEC to centrally administer the funds, in recognition of oil and gas being on the Exclusive Legislative List.

“These actions respected constitutional boundaries and provided clear models for lawful and transparent administration,” the letter stated.

The NDCSF expressed concern over what it described as persistent silence by federal authorities despite repeated submissions of documents and constitutional references on the matter.

Concluding, the group said it trusts in Tinubu’s commitment to constitutionalism and reform and expressed hope for decisive action that will finally align the implementation of the 13% Derivation Fund with the letter and spirit of the Constitution.

 

 

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Labour Issues Ultimatum To FG Over Wage Arrears

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Organised labour in the Federal public service has issued a Friday deadline to the Federal Government, demanding the immediate release of funds to settle three months’ outstanding wage awards and other pending allowances owed to workers across Ministries, Departments and Agencies.

The leadership of the Joint National Public Service Negotiating Council (Trade Union Side) conveyed the ultimatum in a letter addressed to the Federal Ministry of Labour and Employment, warning that failure to meet the February 27, 2026, deadline would compel the eight unions in the civil service to take decisive action.

The unions accused the government of withholding funds meant for workers, alleging that relevant agencies were prepared to process payments once the Ministry of Finance released the required funds.

The wage award dispute, which has persisted for over two years, followed the Federal Government’s approval of a N70,000 minimum wage after the removal of fuel subsidy.

Labour leaders stated that although partial payments were made after sustained pressure, three months remain unpaid since July 2024, heightening tension within the federal workforce.

In a letter addressed to the Minister of Finance and Coordinating Minister of the Economy, the union stated: “This wage award has dragged on for over two years now since the implementation of the N70,000 minimum wage payment was approved.”

The unions recalled that “the wage award was approved as a cushioning measure following fuel subsidy removal and was to run until the commencement of the new minimum wage implementation in July 2024.

“It is beyond the imagination and expectations of federal workers that the Federal Government left five months unpaid ab initio; not until there was much pressure did the Federal Government effect the staggered payment of two months, leaving the balance of three months since July 2024 unpaid.”

The JNPSNC further alleged that “all relevant government agencies responsible for effecting payment are prepared to do so but are constrained by the non-release of funds by the Ministry of Finance.

“Available information revealed that all government agencies responsible for the payment of the wage award are ready to pay, but this is subject to the release of funds by the Honourable Minister of Finance, who is deliberately holding back the money.”

Beyond the wage award arrears, the unions listed other outstanding obligations requiring urgent attention, including promotion arrears for workers elevated more than three years ago, salary arrears for employees recruited between 2015 and 2024, and the proper implementation of a 40 per cent peculiar allowance based on the N70,000 minimum wage.

Warning of possible industrial action, the unions declared: “If the money meant for the payment of the wage award is not released on or before Friday, 27th February, 2026, the national leadership will take the bull by the horn and ensure appropriate actions are taken.”

They insisted that workers’ entitlements must not be treated with levity and that employees should not be subjected to undue hardship over delayed payments.

Copies of the letter were also forwarded to the Federal Ministry of Labour and Employment, the Office of the Head of the Civil Service of the Federation, the Nigeria Labour Congress, the Trade Union Congress, security agencies and affiliate unions for urgent attention.

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