Politics
Court Orders INEC To Hold States’ CSOs, Others To Account Over 2023 Election Violence
The Federal High Court sitting in Abuja, in a groundbreaking judgment, has ordered the Independent National Electoral Commission (INEC) to hold Nigeria’s state governors, their deputies and others to account over cases of electoral violence, bribery, vote-buying, and conspiracy during the chaotic 2023 general elections.
The judgment was delivered last Thursday by Hon. Justice Obiora Atuegwu Egwuatu following a mandamus lawsuit number: FHC/ABJ/CS/583/2023, brought by the Socio-Economic Rights and Accountability Project (SERAP).
The court ordered INEC to ensure “the appointment of independent counsel to investigate cases of electoral violence and other electoral offences against state governors and their deputies during the 2023 general elections.”
The court also ordered INEC to “to promptly, thoroughly and effectively investigate cases of electoral violence and other electoral offences committed during the 2023 general elections and to identify suspected perpetrators and their sponsors and ensure their effective prosecution.”
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Justice Egwuatu also ordered INEC “to swiftly prosecute all arrested offenders in the 2023 general elections in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission (EFCC) Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies.”
In his judgment, Justice Egwuatu held that, “I have compassionately evaluated the depositions in the affidavit of SERAP and I have no reason not to believe the depositions more so when there are documentary evidence in support of the depositions.”
Justice Egwuatu also stated that, “In the circumstances therefore, I find merit in the application. The sole issue of whether this Court ought to grant the relief of judicial review and orders of mandamus is resolved in favour of SERAP. Accordingly, I grant the prayers sought.”
Justice Egwuatu’s judgment, dated 18 July, 2024, read in part: “Being citizens of this great country, SERAP and its members have the legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.
“In requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.
“The substance of SERAP’s grouse is the violence associated with elections in Nigeria which tends to prevent citizens from exercising their franchise during elections, thus preventing credible election and in the long run credible leaders.
“There is no gainsaying the fact that electoral violence and the associated crimes committed during elections in Nigeria is a great bane to the development of this country both democratically and economically.
“SERAP has also shown vide exhibit A8, a letter addressed to INEC requesting amongst other things the appointment of independent counsel to investigate allegations of electoral offences, including bribery, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.
“Exhibit A8 is thus a distinct and clear demand for the performance of the duty made by SERAP. The electoral body till the date of filing the action failed to, refused and or neglected to carry out or perform the duty requested by SERAP.
“There is no doubt that the Electoral Act 2022 creates some electoral offences. Sections 123, 124, 125, 126 127, 128 and 129 are some of the provisions of the Electoral Act that created some specific electoral offences.
“Trial of offences created by the Electoral Act are done in a Magistrate Court or a High Court of a State in which the offence is committed, or the Federal Capital Territory, Abuja. See Section 145(1) of the Electoral Act.
“By section 145(2) of the same Act, prosecution for the offences shall be undertaken by legal officers of INEC or any legal practitioner appointed by INEC. Clearly therefore, the law imposes on INEC the performance of a public duty.
“Section 24(d) and (e) of the Nigerian Constitution 1999 [as amended] recognizes the rights of citizens to take steps towards advancing the community where he resides.
“The section provides that ‘it shall be the duty of every citizen to-(d) make positive and useful contribution to the advancement of progress and well-being of the community where he resides; (e) render assistance to appropriate and lawful agencies in the maintenance of law and order.
“By the provision of order 34 of the Federal High Court (Civil Procedure) Rules, 2019, this court is empowered to grant an order of mandamus, prohibition or certiorari in the manner set out in the order.
“On an application for judicial review, any relief mentioned in rule 1 of order 34 may be claimed as an alternative or in addition to any other relief so mentioned if it arises out of, relates to or is connected with the same matter.
“An order mandamus lies to compel the performance of a public duty at the instance of a person who has sufficient legal interest in the performance of that public duty.
“Where a public duty is imposed on a public or government body, authority, department or official and the authority, department or official refuses or fails to perform that duty, an order of mandamus would issue to compel that body, authority, department or official to carry out that duty in respect of a person whose interest is directly and substantially affected by the refusal or failure to perform that duty.
“I must say that the entirety of the facts deposed to by SERAP were not controverted by INEC. It is trite that depositions in affidavit on material facts resolve applications in court. Where depositions on material facts in an affidavit in support of an application are not denied by the adverse party filing a counter-affidavit, such facts not denied in the affidavit in support remain correct position and the court acts on them except they are moonshine.
“While it is generally well settled that unopposed averments in an affidavit will be deemed admitted, it is also trite that the court has a duty to evaluate the unopposed averments and determine whether, as they stand, they justify the grant of the reliefs sought.
“The mere fact that the averments are not denied does not mean that the court must accept them without more. The averments, even if accepted by the court must be cogent and credible. If the court is not so satisfied, the application will be refused.”
The deputy director, SERAP, Kolawole Oluwadare said, “This ground-breaking judgment is an important milestone for Nigerians’ right to free and fair elections, and for victims of electoral offences in their search for justice, truth and reparations for the crimes which took place during the 2023 general elections.
“Justice Egwuatu’s judgment now provides a binding precedent for INEC to immediately pursue justice for those who suffered egregious abuses in Nigeria’s 2023 general elections. We commend Justice Egwuatu for his wisdom and courage, and his landmark decision.
“Respecting and implementing Justice Egwuatu’s judgment is imperative for protecting the rights of Nigerians to a free and fair election and reinforcing the primacy of the Nigerian Constitution, Electoral Act and the country’s international obligations.
“We urge INEC to immediately obey the court orders. The effective enforcement of Justice Egwuatu’s judgment will break with decades of impunity for electoral offences in Nigeria.”
In the letter dated 20 July 2024 sent to Chairman, INEC, Prof Mahmood Yakubu, on the judgment, and signed by Oluwadare, the organization said, “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court.”
The SERAP’s letter, read in part, “We urge you to approach the Chief Justice of the Federation as required under section 52 of the Independent Corrupt Practices and Other Related Offences Act for the authorization of an independent counsel to investigate cases of electoral offences against governors and their deputies during the 2023 general elections, as ordered by the court.
“We also urge you to work closely with the Nigeria Police Force, Economic and Financial Crimes Commission (EFCC) Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies to prosecute the perpetrators and sponsors of electoral offences during the 2023 general elections, as ordered by the court.
“The immediate enforcement and implementation of the judgment by INEC will be a victory for the rule of law, fair, representative and violent-free elections in Nigeria. It would also advance Nigerians’ right to freely participate in their own government.
“By immediately complying with the judgment, you will show Nigerians that the electoral body is willing and able to end many years of brazen impunity for electoral offences in the country.
“Immediately implementing the judgment will restore public trust and confidence in Nigeria’s electoral process. It will also ensure compliance with constitutional provisions, international standards and the Electoral Act.
“SERAP trusts that you will see compliance with this judgment as a central aspect of electoral reform, and an important opportunity for INEC to assert its independence and authority. We therefore look forward to your positive response and action on the judgment.”
Nigeria has a history of flawed elections marred by electoral violence, bribery, vote-buying, undue influence and other grave electoral offences.
The SERAP filed the suit against the INEC to compel the electoral body to perform its constitutional and statutory duties to ensure the prosecution of suspected perpetrators of electoral offences and their sponsors during the 2023 elections.
Politics
Buhari Calls For Transparency Ahead Of Katsina LG Elections
Former President, Muhammadu Buhari has called for transparency and accountability in the upcoming local government elections in Katsina State.
Speaking during the All Progressives Congress (APC) caucus meeting on Saturday at the Presidential Banquet Hall in the Katsina Government House, Buhari emphasized the importance of these principles in maintaining public trust and political relevance.
“Transparency and accountability are the cornerstones of good governance and are fundamental to sustaining the confidence of the people,” Buhari said.
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Governor Dikko Radda also addressed party stakeholders at the meeting, urging them to mobilize support at the grassroots level and work towards securing a decisive victory for the APC.
“We are committed to conducting elections that reflect the true will of the people,” Radda stated, highlighting the party’s focus on ensuring transparent, inclusive, and democratic processes.
The governor also underscored Katsina’s political significance, referencing his leadership journey under Buhari’s administration and the recognition the state has received in the form of ministerial and federal appointments under President Bola Tinubu’s government.
In his opening remarks, APC Chairman in Katsina State, Sani Daura, described the caucus meeting as a platform to strengthen party unity and strategize for the elections. He commended Buhari and other stakeholders for their commitment to the party’s success.
Prominent political figures from Katsina, including Senators Abu Ibrahim, Abdulaziz Yar’Adua, Muntari Dandutse, and Nasiru Sani Zangon Daura, were present at the meeting, further underscoring its significance in the lead-up to the elections.
The APC leadership reiterated its commitment to upholding democratic values and ensuring that the local government elections truly reflect the will of the people.
Politics
Leadership Newspaper Backs Adeleke For Second Tenure, Names Him ‘Gov Of The Year’
It was a plethora of pleasantries in Osogbo on Thursday, when Osun State Governor, Senator Ademola Adeleke was named 2024 Governor of the year and endorsed for second tenure in office by the top management of the Leadership Newspaper.
The newspaper’s team was on a courtesy call on Gov Adeleke, Biztellers reports.
Receiving them at the Government House, Gov Adeleke noted that his administration had reduced the infra deficit by over 40 percent.
He added that his administration had also bridged access to primary health care, with an ambition to expand health access at medium and tertiary levels.
He said, “Osun State is constantly getting recognitions for what outsiders and even opposition members regard as our commendable performance.
“In the last one year, our government has been conferred with several awards across the sectors. Aside from reputable newspapers like the leadership stable, we have received accolades from several federal agencies and non-governmental bodies. The consensus from those reviewing our performance and service delivery is that we are true agents of good governance.
“In all these positive ratings, my response has always been to task my team to double their efforts. In the face of overwhelming positive reviews and high approval ratings, I am compelled to drive my team harder. When recently, some opposition figures confessed to our positive ratings, I still believe we have a lot of grounds to cover.
“I am not allowing the praises to enter my head. While it may be true that I have delivered a four-year task in under two years, I am propelled to do more because Osun has been left behind on many fronts. As I have reduced the infra deficit by over 40 percent, my real target Is higher. As I have bridged access to primary health care, my ambition is to also expand health access at medium and tertiary levels. While our records across the sectors are laudable as your newspaper has acknowledged, the ultimate goal is to accelerate infra upgrade alongside the boosting of soft investment for the well-being of our people.
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“I appreciate your candid endorsement of our performance. It is important to note that your yardstick for recognizing us correlates with similar reasons adduced by others. Our huge governance records are undeniable facts especially in workers’ welfare, infrastructure delivery, educational expansion, health care access improvement, solid mineral sector reforms, digital economy initiatives, agricultural mechanisation among others.
“I want to assure the public that our administration is not slowing down. Very soon, I will flag off ongoing remodeling of Osogbo stadium to assume international standard. Prior to the ongoing stadium project, we have engineered the creation of Osun Sport Commission and Osun Sport Fund through appropriate legal and policy framework.
“Very soon, I will be flagging off the dualisation of phase one of Odoori – Post office road at Iwo. The contractor for Iwo -Osogbo road has mobilized to site. We plan to complete the two projects within the life of this administration. Meanwhile, the dualisation project at Ilesa is progressing while the flyover bridge at Ile Ife is ongoing with appreciable progress. 2025 is billed to be a year of further expansion of good governance for the good of man and humanity.
On his part, the Vice Chairman of Leadership Group Mike Okpere, noted that the recognition is in order to give Gov Adeleke an insight and encouragement to do a second term.
“Your excellency you will see that, we didn’t just come down here, we had a meeting before the award and that is why we are here, so this trip is to notify you formally for this award and we personally invite you on the 8th of April at the Banquet Hall of the State House in Asokoro where this award will be handed on over to you.
“Our Reputable Person of the Year is Aliko Dangote, you all are aware of the investment he just concluded, by bringing fuel production into Nigeria, because of that and many other things, we chose him as our person of the year.
“Other person’s that would be sharing the merit are other governors that have touched people’s lives, among them is the Governor from Akwa Ibom State, the Governor of Enugu State, the Governor of Jigawa State and the Governor of Kano State.
“We didn’t call this Leadership Governor of the year, we call it Governor of the year, in other words, what we are saying is that, this recognition will give you an insight and encouragement to do a second term.
“As a newspaper company, we don’t endorse Governors but when we see something we say it, your Excellency sir, I therefore want to present this notification and official invitation”, he added.
Other members of the Leadership Newspaper team includes, Abraham Nda Isaiah, Director, Leadership Group, Ibidiran Ayokunle, Head Southern Operations, Joshua Dada, Osun State.
Politics
C’River Assembly Moves To Amend LG Law, Proposes More Political Appointments
The Cross River State House of Assembly has initiated the process to amend the Local Government Law 2007, introducing provisions to expand political appointments and enhance local government administration across the state.
The bill, sponsored by Rt. Hon. Davies Etta, representing Abi State Constituency, was debated on Tuesday in Calabar.
It proposes increasing the number of appointees in each Local Government Area (LGA) to 50. Among the new roles are 16 Special Adviser positions and a cadre of officials known as Ward Relation Officers.
According to the bill, “The Chairman of Council may appoint such a number of Special Advisers to assist him in the discharge of his duties, provided that appointments, when added to other statutory appointments, shall not exceed a total number of 50.”
The proposed Ward Relation Officers will hold ranks equivalent to Special Advisers and will report directly to the Chairmen of their respective LGAs.
This move, the Assembly says, is aimed at fostering grassroots engagement and improving governance at the local level.
Another key provision of the bill seeks to elevate the office of the Head of Local Government Administration (HOLGA) to the status of a Permanent Secretary within the state public service.
The amendment stipulates that HOLGAs will enjoy all the rights, privileges, and entitlements of Permanent Secretaries, including pensions.
“The office of the HOLGA shall be equivalent to the office of a Permanent Secretary of the State Public Service and shall enjoy all rights and privileges of the Permanent Secretary, including pensions,” the bill states.
It also specifies that appointments to the HOLGA position must be made exclusively from within the local government service in the state.
The bill, which has passed its first and second readings, has been referred to a joint committee on Local Government Affairs, Judiciary, and Public Accounts for further review and consultations with stakeholders.
Speaker of the Assembly, Rt. Hon. Elvert Ayambem, underscored the importance of the proposed amendment, noting that it would strengthen local government administration and improve service delivery to the grassroots.
The Assembly is expected to hold further deliberations before making a final decision on the proposed amendments.
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July 22, 2024 at 6:57 pm
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