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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.
President Bola Tinubu has ordered a security outreach to the hotbeds of recent killings in Plateau, Benue and Borno States, to restore peace to areas wracked by mass killings and bomb attacks.
National Security Adviser, Nuhu Ribadu, disclosed this to State House correspondents after a four-hour security briefing with the President at the Aso Rock Villa, Abuja on Wednesday.
“We listened and we took instructions from him. We got new directives…to go meet with the political authorities there,” Ribadu told reporters, adding that Tinubu directed them to engage state-level authorities in the worst-hit regions.
Director-General, National Intelligence Agency, Mohammed Mohammed; Chief Defence Intelligence of the Nigerian Army, Gen. Emmanuel Undianeye; Director-General, Department of State Services, Oluwatosin Ajayi and Chief of Staff to the President, Femi Gbajabiamila, appeared for the briefing.
The Tide’s source reports that in Plateau State, inter-communal violence between predominantly Christian farmers and nomadic herders spiralled into gory slaughter when gunmen stormed Zikke village in Bassa Local Government early on April 14, killing at least 51 people and razing homes in a single night.
In Benue, at least 56 people were killed in Logo and Gbagir after twin assaults blamed on armed herders.
Meanwhile, in Borno State, eight passengers perished and scores were injured when an improvised explosive device ripped through a bus on the Damboa–Maiduguri highway on April 12.
Ribadu explained that after an extensive briefing, intelligence chiefs received fresh instructions to restore peace, security and stability across Nigeria.
“In particular, Tinubu had ordered immediate outreach to the political authorities in Plateau, Benue and Borno States, and the defence team had gone round those States to carry out his directives and report back.
“We gave him an update on what has been the case and what is going on, and even when he was out there, before coming back, he was constantly in touch. He was giving directives. He was following developments, and we, in charge of the security, got the opportunity today to come and brief him properly for hours. And it was exhaustive.
“We listened and we took instructions from him. We got new directives. The fact is, Mr. President is insisting and working so hard to ensure that we have peace, security and stability in our country. We gave him an update on what is going on, and we also assured him that work is ongoing and continues.
“We also carried out his instructions. We went round, the chiefs were all out where we had these incidents of insecurity in Plateau State, Benue State, even Borno, these particular three states, and we gave him feedback, because he directed us to go meet with the political authorities there,” the NSA explained.
Ribadu described Tinubu as “worried and concerned,” and said he directed that all security arms be deployed around the clock.
The government, he added, believes these steps have already produced measurable improvements, even if the situation is not yet 100 per cent safe and secure.
“He’s so worried and concerned, he insisted that enough is enough, and we are working and to ensure that we restore peace and security and all of us are there. The armed forces are there, the Civil Police, intelligence communities, they are there.
“They are working there 24 hours, and we feel that we have done enough to believe that we are on the right course, and we’ll be able to be on top of things,” Ribadu stated.
The NSA emphasised that combating insecurity was not solely a Federal Government responsibility.
He stated, “The issue of insecurity often is not just for the government. It involves the subunits. They are the ones who are directly with the people, especially if some of the challenges are more or less bordering on community problems.
“Not entirely everything is that, but of course it also plays a significant role. You need to work with the communities, the local governments, and the governors, especially the governors.
“The President will continue to direct that. We should be doing that, and that’s what we are able to. We are very happy and very satisfied with the instructions and directives given by Mr. President this evening.”
In Borno State, the NSA noted that while violence had surged in recent months, the insurgents refused to accept defeat.
He warned that most recent casualties there resulted from improvised explosive devices—”cowardly” IED attacks targeting civilians—and from opportunistic raids that follow any lull in fighting.
“We are getting the cooperation of the leadership at the state level, and everybody. It’s not 100 per cent…but we are going there.
“When you are having peace and you are beginning to get used to it, if one bad incident happens, you forget the periods that you enjoyed peacefully,” he added.
He paid tribute to the “many who do not sleep, who walk throughout, who do not go for any break or holiday”—the soldiers, police and intelligence officers whose sacrifices have created the fragile calm Nigerians now experience.
“They will continue to be there,” he said, adding, “Things have changed in this country…we are on the right track and we will not relent. We will not sit down; we will not stop until we are able to achieve results.”
A Federal Government agency – the National Agency for Science and Engineering Infrastructure, has decried the low patronage of Nigerian-made products by Nigerians.
The agency identified some challenges leading to the low patronage of the local products as affordability and public perception, among others.
Speaking during a stakeholders meeting organised by the agency in Akure, Ondo State capital, yesterday, the Deputy Director of Engineering at NASENI, Mr Joseph Alasoluyi, said Nigerians preferred buying foreign goods compared to local goods.
Alasoluyi, however disclosed that the agency had trained over 50 participants in the production of hand-made products, in a bid to ensure Nigeria-made products are patronised.
He explained that NASENI was set up to promote science, technology, and engineering as a foundation for Nigeria’s development and currently operates 12 institutes nationwide to achieve its objectives.
According to him, the aim of President Bola Tinubu, who is also the overall chairman of NASENI, was to ensure high production and patronage of “our local products thereby creating employment opportunities for many.”
He said, “The idea of this programme is to interface to ensure we produce products using our indigenous technology. This is what NASENI is out for, to ensure that homegrown technologies are encouraged.
“We are out there to ensure we integrate efforts to ensure that local technology is used to develop products within the resources we have.
“ The NASENI’s ‘3 Cs’ – Creation, Collaboration, and Commercialisation – that define NASENI’s strategic mandate: Creating innovations through research, Collaborating with partners to develop and refine products, and Commercialising these solutions to benefit the economy.
“Our achievements include the development of solar irrigation systems, CNG conversion centres, building machines capable of producing up to 1,000 blocks per hour, 10-inch tablets, locally made laptops, and electric tricycles (Keke Napep) set for market launch.”
In his remarks, the Deputy Vice Chancellor of the Federal University of Technology, Akure, Prof. Samuel Oluyamo, blamed the Federal Government for not properly funding research in the varsities, also noting that many research outputs were left halfway due to lack of funding and weak linkages between research institutions and industry.
Oluyamo also queried the Federal Government’s commitment to funding research and development, saying many academic innovations remained on the shelve due to a lack of support for commercialisation and poor infrastructure.
“Until we upscale research into mass production, technological growth will remain elusive. The government is not funding research in the universities enough. Thank God for TETfund that is trying in this regime. The major interest in beefing up research in universities and research institutions is really not there,” he said.
The Director-General of the Debt Management Office, Patience Oniha, has said that Nigeria is in advanced discussions with JP Morgan to re-enter the Government Bond Index and renew investors’ confidence.
Oniha disclosed this on Wednesday at a Nigerian Investors’ Forum on the sidelines of the World Bank and International Monetary Fund Spring Meetings in Washington, D.C.
The DMO boss explained that Nigeria has enjoyed favourable credit assessment among rating agencies in recent times on the back of the sweeping reforms initiated by the Central Bank of Nigeria.
Fitch Ratings recently upgraded the Long-Term Issuer Default Ratings of seven Nigerian banks and two bank holding companies to ‘B’ from ‘B-‘, noting that the outlooks are Stable.
The affected issuers are Access Bank Plc, Zenith Bank Plc, United Bank for Africa Plc, Guaranty Trust Bank Limited, Guaranty Trust Holding Company Plc, First HoldCo Plc, First Bank of Nigeria Ltd, Fidelity Bank Plc and Bank of Industry Limited.
The upgrades of the Long-Term IDRs of the banks followed the recent sovereign upgrade and reflect Fitch’s view that Nigeria’s sovereign credit profile has become less of a constraint on the issuers’ standalone creditworthiness, the rating agency said.
Fitch also upgraded Nigeria’s Long-Term IDRs to ‘B’ from ‘B-‘ on 11 April, a decision that reflected increased confidence in the government’s broad commitment to policy reforms implemented since its move to orthodox economic policies in June 2023, including exchange rate liberalisation, monetary policy tightening and steps to end deficit monetisation and remove fuel subsidies.
“These have improved policy coherence and credibility and reduced economic distortions and near-term risks to macroeconomic stability, enhancing resilience in the context of persistent domestic challenges and heightened external risks,” Fitch said.
Nigeria was removed from the JP Morgan index in 2015 ostensibly due to its deviation from orthodox monetary policies and influence of capital control in its management of foreign exchange.
Principally due to reduction in oil revenues at the time, Nigeria introduced currency restrictions to defend the naira after it failed to halt a dangerous slide with burning of dollar reserves. The bank had earlier warned Nigeria to restore liquidity to its currency market in a way that allowed foreign investors tracking the index to conduct transactions with minimal hurdles.
“Foreign investors who track the GBI-EM series continue to face challenges and uncertainty while transacting in the naira due to the lack of a fully functional two-way FX market and limited transparency,” the bank said in a 2015 note.
Nigeria was listed in JP Morgan’s emerging government bond index in October 2012, after the Central Bank removed a requirement that foreign investors hold government bonds for a minimum of one year before exiting.
The JP Morgan Government Bond Index reflects investor confidence and opens doors to billions of investment flows, making Nigeria’s proposed re-entry a positive signal to the market and investors.
Oniha explained that talks with JP Morgan were ongoing and had gained momentum in recent times due to the stability created by the FX market reforms.
“With all the reforms that have taken place, particularly around FX, we have started engaging JP Morgan again to get back into the index. We think we are eligible now,” the DMO DG said.