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2003: Court Strikes Out Emefiele’s Suit Against AGF, INEC

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Justice Ahmed Mohammed of a Federal High Court in Abuja, has struck out a suit by the Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, against the Attorney-general of the Federation and Minister of Justice, Abubakar Malami, SAN, and the Independent National Electoral Commission (INEC), over his rumoured presidential ambition.
The order striking out the suit followed a notice of withdrawal filed by Emefiele.
The court held that Emefiele had the right to file the notice of withdrawal, adding that the notice of discontinuance was valid.
At a resumed sitting on Monday, Emefiele, through his counsel, S. Maliki, informed Justice Mohammed of the notice of discontinuance, which he said had been filed and served on the defendants in the matter.
Maliki, holding the brief of Mike Ozekhome, SAN, said they had Emefiele’s instruction to withdraw the suit.
“Pursuant to the instruction of the plaintiff (Emefiele), we filed a notice of discontinuance dated and filed May 16, 2022.
“The said notice of discontinuance was served on all the defendants on May 16, 2022, which proof of service is before your lordship,” Maliki said.
The lawyer said all the defendants except the 4th and 5th defendants filed a counter affidavit in response to the plaintiff’s amended originating summons, after the notice of withdrawal had been served on them.
He prayed the court to discontinue the suit and make an order striking it out, since parties did not join issues, citing Order 50 of the rules of the Federal High Court.
Lawyer to the 4th defendant, John Aikpokpo-Martins, however, opposed Emefiele’s withdrawal notice, and urged the court to dismiss the suit with N1.5 million cost.
But counsel to the 2nd and 3rd defendants, Chris Nevo and T. J. Adi respectively did not object to the withdrawal notice.
However, Nevo asked the court to award a N1million cost against Emefiele.
In the originating summon marked FHC/ABJ/CS/610/2022, the CBN Governor among other reliefs, prayed the court for, “A declaration that the provisions of secticn 84(12) of the Electoral Act, 2022 (as amended), which are inconsistent with the provisions of section 137(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), which and have been declared so by a court of competent jurisdiction cannot be relied upon by the Defendants to disqualify the plaintiff from contesting an election to the office of the President of the Federal Republic of Nigeria or from contesting or participating in the parties’ primaries, or other convention or congress for election to the office of President of the Federal Republic of Nigeria, scheduled for 25th February, 2023.
A declaration that by the provisions of section 84(3) of the Electoral Act, 2022, a political party cannot by its constitution, guidelines or rules impose any criteria, measures or conditions, nomination, qualification or disqualification criteria, for any aspirant or candidate including the plaintiff herein in its primaries during its convention or congress for nomination of its candidates for election besides those criteria as prescribed under sections 65, 66, 106, 107, 131, 137, 177 and 187 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

 

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INEC Denies Registering New Political Parties

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The Independent National Electoral Commission (INEC) says it has not registered any new political parties.

The commission gave the clarification in a statement on its X (formerly Twitter) handle last Wednesday.

It described the purported report circulated by some online social media platforms on the registration of two new political parties by INEC as fake.

“The attention of INEC has been drawn to a fake report making the rounds about the registration of two new political parties, namely “Independent Democrats (ID)” and “Peoples Democratic Movement (PDM)”.

“For the avoidance of doubt, the commission has not yet registered any new party. The current number of registered political parties in Nigeria is 19 and nothing has been added,” it stated.

The commission recalled that both ID and PDM were registered as political parties in August 2013.

INEC  further recalled that the two were deregistered in February 2020 in accordance with Section 225A of the 1999 Constitution of the Federal Republic of Nigeria.

The commission, therefore, urged the public to disregard the said report.

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You Weren’t Elected To Bury People, Tinubu Tells Alia

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President Bola Tinubu has asked Governor Hyacinth Alia to work more for peace and development of Benue State, saying he was elected to govern, not to bury people.

The President said this while addressing stakeholders at the Government House, Markudi, last Wednesday.

He also called on the governor to set up a peace committee to address some of the issues in the state.

The meeting included the Secretary to the Government of the Federation (SGF), George Akume, traditional rulers, and former governors of the state.

The governors of Kwara, Imo, Kogi, Plateau, Ondo, and Nasarawa states also attended the meeting.

“Let us meet again in Abuja. Let’s fashion out a framework for lasting peace. I am ready to invest in that peace. I assure you, we will find peace. We will convert this tragedy into prosperity,” he said.

President Tinubu urged Governor Alia to allocate land for ranching and directed the Minister of Agriculture and Food Security to follow up.

“I wanted to come here to commission projects, to reassure you of hope and prosperity, not to see gloomy faces. But peace is vital to development.

“The value of human life is greater than that of a cow. We were elected to govern, not to bury people”, he stressed.

He charged Governor Alia on working with the Federal Government to restore peace.

“Governor Alia, you were elected under the progressive banner to ensure peace, stability, and progress. You are not elected to bury people or comfort widows and orphans. We will work with you to achieve that peace. You must also work with us”, he said.

In his remarks, Governor Alia appealed to the Federal Government to establish a Special Intervention Fund for communities affected by repeated violent attacks across the state.

“Your Excellency, while we continue to mourn our losses and rebuild from the ashes of pain, we humbly urge the Federal Government to consider establishing a special intervention fund for communities affected by these incessant attacks in Benue State,” he said.

Governor Alia said the fund would support the rehabilitation of displaced persons, reconstruction of destroyed homes and infrastructure, and the restoration of livelihoods, especially for farmers.

He reiterated his support for establishing state police as a lasting solution to insecurity.

The governor pledged his administration’s full commitment to building a safe, stable, prosperous Benue State.

Also speaking at the meeting, the Chairman of the Benue State Traditional Rulers Council, Tor Tiv, Orchivirigh, Prof. James Ayatse, praised President Tinubu for being the first sitting President to personally visit victims in the hospital in the wake of such a tragedy.

He thanked the President for appointing notable Benue indigenes into key positions, including the Secretary to the Government of the Federation and the Minister of Water Resources and Sanitation, Professor Joseph Utsev, while expressing hope that more appointments would follow.

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Gowon Explains Why Aburi Accord Failed

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Former Head of State, Gen. Yakubu Gowon (ret’d), says the Aburi accord collapsed because Chukwuemeka Ojukwu wanted regional governors to control military zones.

Gen. Gowon was Nigeria’s military ruler from 1966 until 1975 when he was deposed in a bloodless coup while Ojukwu was military governor of the then Eastern Region in that span.

In a live television interview recently, Gen. Gowon narrated what transpired after the agreement was reached in Aburi, a town in Ghana.

The meeting that led to the accord took place from January 4 to 5, 1967, with delegates from both sides of the divide making inputs.

The goal was to resolve the political impasse threatening the country’s unity.

The point of the agreement was that each region should be responsible for its own affairs.

During the meeting, delegates arrived at certain resolutions on control and structure of the military. However, the exact agreement reached was the subject of controversy.

The failure of the Aburi accord culminated in Nigeria’s civil war, which lasted from July 6, 1967, to January 15, 1970.

Speaking on what transpired after the agreement, Gen. Gowon said the resolutions should have been discussed further and finalised.

The ex-military leader said he took ill after arriving in Nigeria from Aburi and that Ojukwu went on to make unauthorised statements about the accord.

Gen. Gowon said he did not know where Ojukwu got his version of the agreement from.

“We just went there (Aburi), as far as we were concerned, to meet as officers and then agree to get back home and resolve the problem at home. That was my understanding. But that was not his (Ojukwu) understanding,” he said.

Gen. Gowon said Ojukwu declined the invitation, citing safety concerns.

“I don’t know what accord he (Ojukwu) was reading because he came to the meeting with prepared papers of things he wanted. And, of course, we discussed them one by one, greed on some and disagreed on some.

“For example, to give one of the major issues, we said that the military would be zoned, but the control… He wanted those zones to be commanded by the governor.

“When you have a military zone in the north, it would be commanded by the governor of the military in the north, the military zone in the east would be commanded by him. Of course, we did not agree with that one”, Gen. Gowon added.

Ojukwu died on November 26, 2011 at the age of 78.

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