Law
Tinubu’s certificate: Activist tackle INEC for failing Nigeria
***Challeges Judiciary to rescue its own image
A Human Rights activist who is also barrister and Solicitor of the Supreme Court of Nigeria, Chukwudi Ezeobika has called out the Independent National Electoral Commission (INEC) for not exercising due diligence in conducting proper investigation on information or certificates submitted to it by persons aspiring for public offices.
The activist challenged the judiciary to use the opportunity to redeem its Image
He said the action or inaction of the Electoral umpire has brought the country to disrepute before the international community as the certificate of its President is subject to scrutiny, casting doubt on the integrity of the country’s leadership.
These were contained in a statement he signed and made available to newsmen on Sunday in Abuja.
Speaking against the backdrop of the Chicago State University (CSU) certificate controversy he said the Electoral Umpire has brought so much embarrassment on the entire country because of its failure to do the needful.
This, he said is an issue to be worried about as it raises serious questions on the integrity, capacity and true independence of the Commission as currently constituted.
“Having received huge budgets (which amounts to billions of Nigerian naira) both from the Nigerian government and international donors, it remains inconceivable how the INEC Chairman, Prof. Yakubu Mahmood could betray the very trust bestowed upon him by Nigerians to give them a brighter future through the conduct of a free, fair and credible election.
He said the expose brings to question the continued stay in office of President Tinubu.
“The decision by Bola Ahmed Tinubu to aspire to become a President in Nigeria knowing fully well the extent of his dishonesty is troubling.
He also questioned his decision to remain in office after recent revelations by the Chicago State University on his academic records following an order of a United States District Court in Northern Illinois, saying it remains not only reprehensible but repulsive.
“These certificates were consciously and duly deposed to by President Bola Tinubu before a Commissioner for Oaths and were later submitted to INEC in the relevant forms prior to the general elections.
“Nigerians have, to a great extent, lost hope and confidence in the Nigerian electoral system as well as the judiciary as justice has consistently been sacrificed on the alter of technicalities and or procedures.
“The relevance and morality of laws enacted by the National Assembly and judgements delivered by the Courts respectively, have become not only alien but at variance with the wishes, desires and aspirations of the Nigerian people especially her teeming youths.
“The Judiciary in any democracy remains the last hope of the common man and when the integrity of any Judicial system is in question and or undermined, then the entire superstructure, including the continued existence of such society is in ruins.
“The time for the Nigerian Judiciary to redeem its integrity and image is now and the future of the Nigerian State will ultimately be shaped by the actions and or inactions of persons appointed to admister justice in our Courts.”
Law
EFCC Grants Bail to Two Kogi Officials, wants Yahaya Bello’s Fraud Case adjurned
The Economic and Financial Crimes Commission (EFCC) has granted administrative bail to two co-defendants, Umar Oricha and Abdulsalami Hudu, in a fraud case involving former Kogi State Governor, Yahaya Bello. The case, centered on charges of fraud totaling N101.4 billion, has been adjourned until November 27, 2024, by the Federal High Court in Abuja.
At the hearing before Justice Maryann Anenih, EFCC Counsel Jamiu Agoro requested an adjournment, noting that the 30-day compliance period for Bello’s summons, issued on October 3, had not yet expired. Agoro explained that the November 20 court date was inconvenient for the prosecution, and that seeking an arrest warrant would be premature as Bello still had a few days to respond to the summons.
Both the second and third defendants’ legal representatives supported the adjournment request.
Following this, Justice Anenih approved the EFCC’s request, extending the deadline for Bello’s appearance and authorizing service of the hearing notice to be sent to his last known address.
In a parallel development, the Federal Capital Territory (FCT) High Court in Maitama ordered a hearing notice to be posted at Bello’s residence on Benghazi Street, Wuse Zone 4, Abuja, and on the court’s notice board.
This step follows multiple missed court appearances by Bello since the public summons was issued, urging him to appear for arraignment on 16 counts related to the alleged fraud.
Justice Anenih emphasized the importance of due process, setting November 27, 2024, as the final date for Bello’s court appearance. This case has drawn attention to the EFCC’s efforts to enforce accountability among high-profile figures in Nigeria amidst allegations of large-scale financial mismanagement.
Law
Appeal Court Sacks MC Oluomo as NURTW National President, Reaffirms Baruwa’s Leadership
In a significant development, the Court of Appeal has annulled the appointment of Musiliu Akinsanya, popularly known as MC Oluomo, as the National President of the National Union of Road Transport Workers (NURTW).
The ruling upheld a previous ruling by the National Industrial Court, which had already recognized Tajudeen Baruwa as the rightful leader of the union.
The legal dispute surrounding the NURTW’s leadership has been ongoing, with tensions escalating within the organization.
Despite the court’s ruling in favor of Baruwa, MC Oluomo was recently elected by the Southwest Zone of the union during the Quadrennial Delegate Conference held last week in Osogbo, Osun State.
This election took place amid growing concerns and disputes within the union’s regional factions.
The Appeal Court’s decision is expected to settle the leadership question, restoring Tajudeen Baruwa’s position as the legitimate National President of the NURTW.
However, the union faces potential challenges in maintaining unity across its various regional branches, as supporters of MC Oluomo continue to advocate for his leadership.
This ruling marks a pivotal moment for the NURTW, as it works to stabilize its governance and address internal divisions that have led to several controversies and disputes over recent years.
Law
Supreme Court Rejects States’ Legal Challenge to EFCC’s Constitutionality
The Supreme Court of Nigeria has thrown out a lawsuit brought by several state Attorneys General challenging the constitutional validity of the Economic and Financial Crimes Commission (EFCC). The case, led by Kogi State, questioned the EFCC Act, arguing that it bypassed constitutional requirements regarding international treaties.
The seven-member panel, headed by Justice Uwani Abba-Aji, ruled unanimously to reject the lawsuit, deeming it without merit. Kogi State’s counsel, Mohammed Abdulwahab, SAN, argued that the EFCC Act’s incorporation of the United Nations Convention Against Corruption was unconstitutional, as the law had not received approval from a majority of state Houses of Assembly, as required by Section 12 of the 1999 Constitution. This, he claimed, invalidated the EFCC Act and similar anti-corruption laws.
The plaintiffs also contended that the EFCC and NFIU lacked the authority to investigate state or local government funds, accusing the agencies of encroaching on state powers. Abdulwahab sought a court ruling to nullify the creation of these agencies, arguing it would prevent a potential constitutional crisis.
Attorney General of the Federation, Lateef Fagbemi, SAN, defended the EFCC, asserting that dismantling Nigeria’s anti-corruption agencies would harm the nation’s efforts to combat financial crimes. He argued that the National Assembly has the authority to create laws applicable nationwide to address corruption.
The court ultimately upheld the EFCC Act, ruling that the National Assembly’s legislative powers on corruption are valid and enforceable across all states. Justice Abba-Aji noted that Kogi’s revelations about state officials being investigated exposed ulterior motives behind the lawsuit, describing it as an attempt to shield certain officials.
“No state has the right to enact laws that contradict the statutes passed by the National Assembly,” Justice Abba-Aji said, delivering the judgment. The court dismissed the suit in its entirety, reaffirming that the EFCC Act and other federal anti-corruption laws remain constitutional and enforceable across Nigeria.
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