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Presidential poll petitions: Sticky issue of 25% votes in FCT

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By Ehichioya Ezomon

There’s a saying: “If it looks like a duck, walks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.”
This appears to summarise section 299 of Nigeria’s amended 1999 Constitution that designates the Federal Capital Territory, Abuja, “as if it were one of the States of the Federation.” That’s, if the FCT mimicks a State, then it’s a State!
This is one of the knotty issues that Justices of the Presidential Election Petitions Court (PEPC) are called upon to untie, by not mere application of the laws, but doing substantial justice to all parties before them.
The main opposition candidates in the February 25, 2023, presidential election have filed petitions in the court, to nullify the return of former Lagos State Governor and candidate of the All Progressives Congress, Bola Ahmed Tinubu, as winner and President-elect.
Former Vice President Atiku Abubakar of the Peoples Democratic Party, and former Anambra State Governor Peter Obi of the Labour Party claim they each won the poll, and should be returned elected and sworn in as President of the Federal Republic of Nigeria.
Atiku and Obi’s complaints and prayers are contained in separate filings lodged on March 21 and March 20, respectively.
Atiku lists INEC, Tinubu and APC as 1st, 2nd and 3rd Respondents, and has option for fresh poll between him and Tinubu.
While Obi lists INEC, Tinubu, Shettima and APC as 1st, 2nd, 3rd and 4th Respondents, he urges that Tinubu be barred from a repeat election.
Hence their demands vary only in style and language, but both seem to pull the same strings: calls to cancel the prior poll, and order a fresh one, as a last resort.
Below are some of the claims in which Atiku and Obi ask the court to order the Independent National Electoral Commission to withdraw the Certificate of Return it awarded Tinubu, as winner of the election:
(1) Tinubu wasn’t validly elected at the APC primaries, as his running mate, Kashim Shettima, violated the laws as a nominated candidate for Senate and President at the same time.
(2) Tinubu wasn’t qualified to contest having been fined for drugs offences by a U.S. court (3) For reasons of (1) and (2), the votes credited to Tinubu are wasted votes.
(4) Tinubu didn’t score majority of lawful votes (5) Tinubu didn’t comply with the laws, as he failed to secure one-quarter (25%) of the votes cast in at least 24 States and the FCT, Abuja.
(6) INEC breached the relevant laws, regulations and guidelines by failing to transmit results from the polling units electronically, and in real time.
(7) INEC reduced the votes of the petitioners, and added votes to Tinubu’s scores, which they pledge to prove with polling unit results and Forensic reports during court proceedings (8) The election was marred by corrupt malpractices.
In the results announced by INEC, Tinubu won the poll in 12 states, scored 8,794,726 votes, and secured one-quarter (25%) of the votes cast in 27 of 36 States – that’s three States more than the 24 required by law.
The INEC Chairman and Chief Returning Officer for the poll, Prof. Mahmood Yakubu, declared Tinubu winner and President-elect.
But Atiku, who won in 12 states, polled 6,984,520 votes, and secured 25% in 17 states; and Obi, who claimed 11 states, scored 6,101,533 votes, and secured 25% in 15 states, disagreed with INEC’s returns.
They argue in their petitions that Tinubu didn’t meet requirements of the law, viz: 1999 Constitution (as amended), and Electoral Act 2022.
Among the issues raised is a potential boobytrap for a candidate not securing one-quarter of votes cast in at least 24 States and the Federal Capital Territory, Abuja.
What does the Constitution say about election of two or more Presidential candidates? Let’s look at section 134(2)-(4) that deals with the scenario of February 25.
“134(2) A candidate for election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election–
(a) he has the highest number of votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.
(3) In default of a candidate duly elected in accordance with subsection (2) of this section, there shall be a second election in accordance with subsection (4) of this section at which the only candidate shall be–
(a) the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and
(b) one among the candidates who has a majority of votes in the highest number of States, so however that where there are more than one candidate with a majority of votes in the highest number of States, the candidate among them with the highest total of votes cast at the election shall be the second candidate for the election.
(4) In default of a candidate duly elected under the foregoing subsections, the Independent National Electoral Commission shall within seven days of the result of the election held under the said subsections, arrange for an election between the two candidates and a candidate at such election shall be deemed to have been duly elected to the office of President if–
(a) he has the highest number of votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.”
Going by INEC’s declaration, Tinubu secured not less than 25% in at least 27 States. But he secured 19% in the FCT, which Obi, who scored 59% there, places heavy weather on.
The implication of this is that if the court pronounced the FCT as a State, and Tinubu scored 19% of votes there, his victory would be annulled, and a second poll organised between him and Atiku, who’s runner-up to Tinubu.
In that case Obi – the second runner-up – would be out of the race. This may explain his plea to bar Tinubu from any fresh poll, so he (Obi) and Atiku would duke it out.
That circumstance would present two candidates appealing to ethnic and religious sentiments, with Atiku guaranteed the Presidency without breaking any sweat.
Inevitably, power would elude the South – and remain in the North – after President Muhammadu
Buhari would’ve completed his eight-year tenure on May 29, 2023.
This brings us to the burning issue: Is the FCT, Abuja, a State – as defined by sections 2(2), and 3(1), (3) of the 1999 Constitution?
While section 2(2) states that, “Nigeria shall be a Federation consisting of States and a Federal Capital Territory,” and section 3(1) lists the 36 States (excluding the FCT); section 3(3) states that, “The headquarters of the Government of each State shall be known as the Capital City of that State…”
If the FCT, Abuja, is a State, what’s the name and location of its Capital City in the Territory?
Proponents easily refer to Section 299 of the Constitution, to justify their claim that the FCT is a State.
Section 299 states that: “The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation…”
Section 299(a) states that all legislative, executive and judicial powers vested in the House of Assembly, the Governor and the courts of a State shall, respectively, vest in the National Assembly, the President and in the courts… established for the FCT, Abuja.
Section 297(2) vest “ownership of all lands… in FCT, Abuja in the Federal Government,” as if the area is a State, as all lands in a State is vested in the Governor.
Section 300 says that the FCT, Abuja, shall constitute “one Senatorial district…” (and not one State, as purports section 299).
Section 301 says without prejudice to section 299 in its application to the FCT, Abuja, this Constitution shall be construed as if–
(a) references to the Governor, Deputy Governor and executive council of a State… were references to the President, Vice President and the executive council of the Federation, respectively.
Ditto for (b): that references to the Chief Judge and High Court Judges of a State were references to the Chief Judge and Judges of the High Court established for the FCT, Abuja.
Section 302 says the President may… by section 147 of the Constitution… appoint for the FCT, Abuja “a Minister who may exercise such powers and perform such functions as may be delegated to him by the President, from time to time.”
Did the framers of the Constitution truly envisage a President doubling as Governor of the Federal Capital Territory, Abuja, where Ministers and other officials act as Commissioners and officials of a State Government?
Despite the posturing, the FCT is akin to a “Protected Area” of the Federation administered by organs of the Federal Government.
Will the Justices of the Presidential Election Petitions Court arrive at a contrary decision? They certainly have their work cut out for them, to deliver substantial justice to all parties to the petitions!

Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria

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Opinion

BENUE 2027:The Apa/Agatu Quest for Equity

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By Tunde Olusunle

It may be well over two years to the next cycle of general elections in Nigeria. For the people of Apa/Agatu federal constituency in *Benue South, however, the measure of their participation and integration into the governance scheme will be defined in the run-up to the general polls that year. Nine local government areas make up the predominantly Idoma country of Benue State also labelled Zone C in the senatorial tripod of the geo-polity. The zone is also home to the Igede ethnic stock and the Etulo. Local government areas in “Benue Zone C” include: Apa, Agatu, Oju, Obi, Ado, Ogbadibo, Okpokwu, Otukpo and Ohimini. The other zones, Benue North East and Benue North West, are wholly dominated by the Tiv nationality, striding across 14 local government areas. They are christened Zone A and Zone B in the local political scheme of the state. Federal constituencies in Benue South are: Apa/Agatu, Oju/Obi; Ado/Ogbadibo/Opokwu and Otukpo/Ohimini.

The subjugation of groups and ethnicities considered demographically smaller, by the larger groups which has dominated Nigeria’s politics over time, has not been any different for the Idoma of Benue State. Until the circumstantial emergence of a Yahaya Bello from the Ebira ethnicity in Kogi State in 2015, the Igala had the relay baton of governorship of Kogi State, in rounds and succession. The Ebiras and the Okun-Yoruba zones in the state could only aspire to be serial deputies or Secretaries to the State Government. This political template was virtually cast in stone. The Ilorin people of Kwara State have similarly wholly warehoused the gubernatorial office, sparingly conceding the position to other sociocultural groups in the state. The only exception was the concession of the seat to a candidate from Kwara South, in the person of Abdulfatah Ahmed, by his predecessor, Bukola Saraki in 2011. Even at that, there were murmurs and dissent from those who believed Ahmed came from a community too close to the Ilorin emirate to be of genuine Igbomina stock, which prides itself as the pure Yoruba species in Kwara State.
Twenty-six years into the Fourth Republic, the maximum proximity of the Idoma to Government House, Makurdi, has been by the customary allocation of the Deputy Governor’s slot to its people. Ogirri Ajene from Oju/Obi, the charismatic blue-blood of blessed memory, was deputy to George Akume, incumbent Secretary to the Government of the Federation, (SGF), from 1999 to 2007. Akume it was reported, genuinely desired to be succeeded by Ajene who exhibited competence and loyalty and could build on their legacies. The Tiv nation we understand, shot down the proposal. Gabriel Suswam succeeded Akume and had the urbane multipreneur, Stephen Lawani from Ogbadibo as deputy. Samuel Ortom, a Minister in the Goodluck Jonathan presidency who took over from Suswam opted for Benson Abounu, an engineer from Otukpo as running mate, while Hyacinth Alia, the Catholic priest who succeeded Ortom, also chose as deputy, Samuel Ode, who was also a Minister in the Jonathan government, from Otukpo. Arising from this precedence, Apa/Agatu has not for once, been considered for a place in Government House, Makurdi.
In similar fashion, the position of Senator representing Benue South, has repeatedly precluded Apa/Agatu federal constituency. David Alechenu Bonaventure Mark a former army General from Otukpo, took the first shot at the office in 1999. He was to remain in the position for five consecutive times, a distinctive record by Nigerian standards. Mark would subsequently become President of the Senate and the third most senior political office holder in the nation’s governance scheme for a string of two terms between 2007 and 2015. He was replaced by Patrick Abba Moro, who hails from Okpokwu and was a former teacher, in 2019. Abba Moro who previously served as Minister of Interior in the Jonathan government from 2011 to 2015, won a second term at the 2023 general elections and remains substantive Senator for “Benue Zone C.” He is indeed incumbent Minority Leader of the Senate, and thus a principal officer in the leadership scheme of the “red chambers.”
While Moro is barely two years into his second term, there are suggestions that he is interested in a third term which should run from 2027 to 2031! This is the core issue which has dominated contemporary political discourse in Benue South, especially from the Apa/Agatu bloc. For Apa/Agatu, it is bad enough that they are repeatedly bypassed in the nomination of deputy governors in the scheme of state politics. It is worse that they are equally subjugated by their own kinsmen within the context of politics in *Idoma and Igede land.* This is particularly worrying when both local government areas constituting the Apa/Agatu federal constituency, Apa and Agatu, are not in anyway deficient in human resources to represent Benue South. Names like John Elaigwu Odogbo, the incumbent *Och’Idoma* and respected clergy; Isa Innocent Ekoja, renowned Professor and Librarian; Sonny Togo Echono, FNIA, OON, Executive Secretary, Tertiary Education Trust Fund, (TETFUND), and John Mgbede, Emeritus State Chairman of the Peoples Democratic Party, (PDP), Benue State, readily come to mind.
Major General R.I. Adoba, (rtd), a former Chief Training and Operations in the Nigerian Army; Professor Emmanuel Adanu, former Director of the Kaduna-based National Water Resources Institute, (NWRI) and the US-based specialist in internal medicine, Dr Raymond Audu, are eminent Apa/Agatu constituents. There are also Ada Egahi, long-serving technocrat who retired from the National Primary Healthcare Development Agency, (NPHDA), and Super Eagles forward, Moses Simon, (why not, hasn’t the retired soccer star, George Opong Weah just completed his term as President of Liberia)? The Member Representing Apa/Agatu in the House of Representatives, Godday Samuel Odagboyi, an office previously held by Solomon Agidani, as well as Adamu Ochepo Entonu, is, like his predecessors, a prominent figure from the resourceful Apa/Agatu federal constituency.
The Olofu brothers, Tony Adejoh, a retired Assistant Inspector General of Police, (AIG), and David, PhD, a renowned management and financial strategist, who is also an Emeritus Member of the Benue State Executive Council during the Ortom dispensation, are from the same federal constituency. So is Abu Umoru, a serial entrepreneur who represents Apa State Constituency in the Benue State House of Assembly. The continuing intra-zonal alienation of Apa-Agatu from the politics of Benue Zone C, remains a sore thumb which must be clinically diagnosed and intentionally treated in the run-up to 2027.
If previous top level political office holders from Idomaland in general and Apa/Agatu in particular, had diligently applied themselves to tangible, multisectoral development of the zone and constituency, the present clamour for inclusiveness would probably been less vociferous. *River Agatu* which flows from Kogi State, and runs through Agatu before emptying into *River Benue,* is a potential game changer in the socioeconomy of Apa/Agatu, Benue South and Benue State in general. Properly harnessed, it can revolutionise agriculture and aquaculture in the state, beyond subsistence levels which are the primary vocations of the indigenous people. Rice, yam, guinea corn, millet and similar grains, thrive in the fertile soils of the area. These can support “first level” processing of produce and guarantee value addition beneficial to the primary producers, before being shipped to other markets. River Agatu can indeed be dammed to provide hydro-electricity to power the entire gamut of Idomaland.
The infrastructure deficit in Benue South with specific reference to Apa/Agatu is equally very concerning. A notable pattern in Nigerian politics is its self-centeredness, the penchant for political players to prioritise their personal wellbeing and the development of their immediate space. This has accentuated the ever recurring desire of people to ascend the political pedestals of their predecessors if that is the principal window by which they can also privilege their own primary constituents. Motorable roads are non-existent, seamless travel between communities therefore encumbered. Expectedly this has been a major impediment to subsistent trade and social engagements between constituents and their kinsmen. Primary health facilities are almost non-existent, compelling people to flock to Otukpo, headquarters of Benue South, for the minutest of medical advice and treatment.
Apa/Agatu pitiably bleeds from the relentless and condemnable activities of vagrants and bandits who have reduced the constituency into a killing field. Reports suggest that in the past 15 years, no less than 2500 lives were lost to the vicious attacks of marauders and trespassers in the area under reference. This unnerving situation has compelled engagements between concerned Apa/Agatu leaders, and the leadership of the Nigeria Police Force, (NPF). The prayer is for the swift establishment of a mobile police outpost in the troubled sub-zone to contain bloodletting. The proposal, anchored by AIG Tony Olofu, NPOM, (rtd), and Echono, has received the blessings of the police high command. At the last update, a commander for the outfit had been named, while the deployment of personnel had begun in earnest.
It is very clear that in the march towards 2027, Apa/Agatu will refuse, very vehemently, to be sidelined and trampled upon in the political scheme of their senatorial zone. Abba Moro may desire a third term in the Senate, but the people of Apa/Agatu are quick to remind him that his curriculum vitae as a politician is sufficiently sumptuous for him to yield the seat in the “red chambers” and sit back like an elder statesman. They remind you that for a man who began his working life modestly as a lecturer in the Federal Polytechnic, Ugbokolo in 1991, Abba Moro has done extremely well for himself in Nigerian politics. For reminders, Abba Moro was elected Chairman of Okpokwu local government in the state as far back as 1998. Ever since, he has remained a permanent fixture in Nigeria’s national politics.
The people of Apa/Agatu will put up a determined fight for the Benue South senatorial seat in 2027, and no one should begrudge them. They are the proverbial ram which was pushed to the wall, which must of necessity push back with angered horns to liberate itself. They are already engaging with their kith across “Benue Zone C” to ensure that intra-zonal equity, fairness and justice, prevails in communal politics.

Tunde Olusunle, PhD, Fellow of the Association of Nigerian Authors, (FANA), teaches Creative Writing at the University of Abuja

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Opinion

The Prince Adebayo prescriptions for ease of doing Business: 15 Take-Aways

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By Dr. Ag Zaki

On Thursday, 9 January 2025, Prince Adewole Adebayo presented a keynote address at the Radisson Blu Hotel, Ikeja, Lagos. The occasion was the annual conference of a group of professionals, business executives and experts codenamed J9C for January 9 Collective. The theme of the Conference was “Business and Policy Strategy: Examining the Role of Reform in enhancing the ease of doing business in Nigeria.” Prince Adebayo is a versatile cerebral man of many parts, a lawyer, a multimedia practitioner, a real estate investor, a large-scale miner, a philanthropist, a community developer, and the 2023 Presidential Candidate of the Social Democratic Party (SDP). The organisers of the J9C conference introduced him as an intercontinental lawyer because he currently practices law in over sixteen countries.

The full speech of Prince Adebayo at the occasion is available online and can be accessed by clicking at this url: https://youtu.be/SsHkcJbVNRg?si=ebvoOVqGh0zVOsnt or by scanning the QR code above. However, we are presenting the salient take-aways from this most incisive keynote address below for the convenience of interested persons and for the public good.

THE TAKE-AWAYS
Preamble
1. Not every change of policy or programme is a reform. A reform is a fundamental change in the activities, programmes, and policies structured to cause improvement. Genuine government reforms are people oriented and so citizens can interject, comment or contribute.
2. Reform may be internally motivated, externally forced or imposed, or technological driven.
3. The government of Nigeria must first reform itself to be able to implement development-oriented reforms to improve the country’s economic performance.

In general terms
4. Fiscal and monetary reforms are critical and are urgently required in Nigeria. While government can freely control its fiscal reforms, it must be bound by market forces for realistic and realisable monetary reforms.
5. Economic reforms must positively affect developmental policies, programmes and projects to engender economic growth, increase in efficiency, and lead to stability. Economic and political reforms must be implemented pari-passu for untainted policies and programmes.
6. Urgent structural reforms are required in areas of legal reforms, laws on banking controls and regulations, lending and borrowing as well as land matters.

In specific terms
7. Reforms which are aimed at targeting ease of doing business must be aligned with the Malam Aminu Kano maxim that “all civil servants should abstain from contracts or business”.
8. Nigeria must break the current odious and unwholesome conspiracies between policy makers, civil servants, and contractors, which can lead to irreversible endemic corruption, long foreseen by the revered Malam Aminu Kano, and which can permanently damage the economy.
9. Structural reforms must ensure that land laws open up maximum benefits and potentials of the land, encourage labour productivity and efficient and transparent entrepreneurship rules including registration, capital and lending matters.
10. Tax reforms should be broad-based, not about sharing of revenue but promoting productivity and competitiveness in all aspects of endeavours and infrastructure reforms should make transportation of people and goods safe and cost effective.
11. Monitoring economic crimes must be thorough and should go beyond arresting of “Yahoo boys” and those spraying Naira notes, but those devaluing the Naira and abusing economic rules and regulations.

Warnings
12. Adebayo left some stern terse warnings for the business sector and for the government of Nigeria.
13. Business executives and professionals should not ask or encourage government for specific reforms but for general broad-based reforms as firm-specific reforms can enhance operations of specific firms or business in the short term but will ultimately kill the industry.
14. Government should not meddle into business or be guided by partisan businessmen; government should meet business only at the junction of regulatory framework.
15. Government should be selfless and honest in carrying out reforms, incorporate measurable performance indices and ensure that reforms are implemented in a way not to inflict pains or punishment on the people.

# DrZaki25, 903 Tafawa Balewa Way, Abuja

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Opinion

Governor Monday Okpebholo: A Blessing to Edo State

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Monday Okpebholo

By Eigbefo Felix

His Excellency, Senator Monday Okpebholo, the Executive Governor of Edo State, has demonstrated that he is a blessing to the state through his policies, appointments, initiation of road construction across the three senatorial districts, and his deep love for the people of Edo State.

Governor Monday Okpebholo has begun fulfilling the five-point agenda he promised the good people of the state since his inauguration.

In the area of security, he has shown total commitment. He assured the people of Edo State that he would ensure their safety, and true to his word, the state remains peaceful, which has brought joy to its residents. He has provided the necessary support to security personnel.

The governor increased the subvention for Ambrose Alli University (AAU) from ₦40 million to ₦500 million. He also promised to address the issues facing AAU medical students. Additionally, he has started renovating primary and secondary schools across the state, underscoring his understanding of the importance of education.

The agricultural sector has taken a positive turn as Governor Okpebholo has allocated ₦70 billion to the sector. Recognizing agriculture’s importance to both the state and the nation, he is positioning Edo State to become the food basket of the nation with his investments in the sector.

During the electioneering period, Senator Okpebholo promised to create 5,000 jobs within his first 100 days in office. He has already begun the process, and soon, the people of Edo State will benefit from these employment opportunities. Unlike in the past, he will not rely on MOUs before making appointments. Furthermore, he has started appointing Edo State indigenes, rather than outsiders, to various positions.

Governor Okpebholo has commenced road projects across the state, from Edo South to Edo Central and Edo North. He believes that when roads are motorable, the prices of goods in the market will automatically reduce.

He has also begun investing in the health sector, understanding its critical importance to the people of Edo State.

Governor Monday Okpebholo’s initiatives and actions affirm his dedication to transforming Edo State for the better.

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