NEWS
JUST IN: Colorado S’Court Removes Trump From 2024 US Ballot
In a defining ruling, the Colorado Supreme Court has disqualified former United States of America’s President, Donald Trump from serving as POTUS, and cannot appear on the primary ballot in Colorado.
In the ruling on Tuesday, the Court cited Trump’s role in the January 6, 2021, attack on the U.S. Capitol by his supporters.
The historic 4-3 ruling is likely to be contested in other jurisdictions, and probably taken up by the U.S. Supreme Court.
By the ruling, Trump became the first presidential candidate deemed ineligible for the White House under a rarely used constitutional provision that bars officials who had engaged in “insurrection or rebellion” from holding office.
Though the pronouncement of the court is binding only to Colorado’s March 5 Republican primary but it could affect Trump’s status in the state for the November 5 general election.
Nonpartisan U.S. election forecasters view Colorado as safely Democratic, meaning that President Joe Biden will likely carry the state regardless of Trump’s fate there, Reuters reports.
It was gathered that Trump had vowed to appeal the ruling to the U.S. Supreme Court, and the Colorado court said it would delay the effect of its decision until at least January 4, 2024, to allow him exercise his right for an appeal.
In addition, the Colorado court ruling sets the stage for the Supreme Court, whose 6-3 conservative majority includes three Trump appointees, to consider whether Trump is eligible to serve another term as president.
The lawsuit is viewed as a test case for a wider effort to disqualify Trump from state ballots under section 3 of the 14th Amendment, which was enacted after the U.S. Civil War to keep supporters of the confederacy from serving in the government.
In the views of the Colorado court the U.S. Constitution bars Trump, the frontrunner for the Republican nomination in 2024, from appearing on the ballot because of his role in instigating violence at the Capitol as lawmakers met to certify the results of the 2020 election.
The court’s majority acknowledged the decision was “uncharted territory.”
“We do not reach these conclusions lightly,” the majority justices wrote.
“We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach,” they added.
Trump’s campaign called the court decision “undemocratic.”
“The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court,” a spokesperson from the Trump campaign said.
The decision reverses a ruling by a lower court judge who found Trump engaged in insurrection by inciting his supporters to violence, but concluded that, as president, Trump was not an “officer of the United States” who could be disqualified under the amendment.
The Biden campaign declined to comment.
Involvement of Colorado Electorte
The case was brought by a group of Colorado voters, aided by the advocacy group Citizens for Responsibility and Ethics in Washington (CREW), who argued that Trump should be disqualified for inciting his supporters to attack the Capitol in a failed attempt to obstruct the transfer of presidential power to Biden after the 2020 election.
President, CREW, Noah Bookbinder said in a statement that the court’s decision is “not only historic and justified, but is necessary to protect the future of democracy in our country.”
One of the things that make the ruling of the Colorado court of interest to political watchers is that courts had rejected several lawsuits seeking to keep Trump off the primary ballot in other states.
Minnesota’s top court rebuffed an effort to disqualify Trump from the Republican primary in that state, but did not rule on his overall eligibility to serve as president.
Some advocates had hoped the Colorado case would boost the overall disqualification effort and potentially put the issue before the U.S. Supreme Court.
Trump’s campaign has condemned 14th Amendment challenges as an attempt to deny millions of voters their preferred choice for president.
Trump’s lawyers argued that his speech to supporters on the day of the riot was protected by his right to free speech, adding that the constitutional amendment does not apply to U.S. presidents and that Congress would need to vote to disqualify a candidate.
Interestingly, three Colorado Supreme Court justices dissented from Tuesday’s ruling.
One of the dissenting justices, Carlos Samour, said in a lengthy opinion that a lawsuit is not a fair mechanism for determining Trump’s eligibility for the ballot because it deprives him of his right to due process, noting that a jury has not convicted him of insurrection.
“Even if we are convinced that a candidate committed horrible acts in the past – dare I say, engaged in insurrection – there must be procedural due process before we can declare that individual disqualified from holding public office,” Samour said.
The Chief Judge of Ekiti State, Hon Justice Oyewole Adeyeye has passed on.
The news of his passing was leaked by a reliable source under the condition of anonymity.
The sad incident, according to the source, happened in Ado Ekiti in the early hours of Tuesday.
His death is being traced to a sickness which came upon him following the injury he sustained when a section of the Ekiti State High Court Complex, Ado Ekiti wall collapsed in July 12, 2023.
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The late Justice Adeyeye was at the office when the building collapse happened and sustained injuries.
While the state and his family were yet to issue statements on his demise, the Ekiti State Chapter of the Association of International Female Lawyers (FIDA) has sent condolences to the family.
The condolences message read: “With deep sorrow in our hearts and in total submission to the will of God, FIDA Ekiti consoles with the family of the Chief Judge of Ekiti State, Hon Justice Oyewole Adeyeye on his call to glory.
“May He find rest with his maker.
“I pray that God grants the family, the Judiciary and the people of Ekiti State, the grace to bear this irreparable loss.
Adieu great one.”
Justice Adeyeye was born 1960 in Araromi Ugbesi in Ekiti East Local Government of Ekiti State and was called to bar in 1986.
He started his career as a State Counsel in the civil service of the then Ondo State before joining the Ekiti State Judiciary Service Commission shortly after the state was created in 1996.
He was promoted to the position of a judge in the state’s high court in 2002 and has served at different occasions in the election petition tribunal.
A Federal High Court in Abuja has dismissed all charges against 76 individuals accused of participating in the nationwide #EndBadGovernance protests.
The ruling came after the Attorney General of the Federation (AGF), Lateef Fagbemi, moved to discontinue the case under orders from President Bola Tinubu.
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Justice Obiora Egwuatu, presiding over the matter, struck out the charges after hearing a motion from the AGF’s representative, Director of Public Prosecution of the Federation (DPPF) Mohammed Abubakar.
Citing Section 174 of the 1999 Constitution, the AGF formally took over the case from the Inspector General of Police, then requested to drop all charges against the defendants, many of whom are minors.
The judge granted the AGF’s application without objection from defense counsel, ordering the immediate release of the accused, who were not present in court.
This decision follows a directive issued on Monday by President Tinubu, instructing the AGF to withdraw charges against the protesters.
More to follow……….
The Petroleum Products Retail Outlets Owners Association of Nigeria (PETROAN) has raised concerns over alleged monopolistic practices by Dangote Refinery, following a public dispute about fuel pricing in the downstream petroleum sector.
Recall that the refinery, Africa’s largest, recently disclosed its petrol pricing at N990 per litre in trucks and N960 per litre into ships, a move it justifies as being in line with international rates.
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PETROAN, however, sees this as an attempt to suppress competitors and dominate the Nigerian market.
The rift began when Dangote Refinery claimed that complaints from marketers regarding its pricing were fueled by intentions to import cheaper, potentially substandard products.
In response, PETROAN strongly rejected these allegations, suggesting that Dangote’s claims are tactics designed to maintain a monopoly in the sector.
Joseph Obele, PETROAN’s spokesperson, stated that the association remains committed to importing high-quality products at more competitive rates to ensure affordability for Nigerian consumers.
According to PETROAN, competition in the market is essential for achieving fair pricing, and any attempt to stifle it would be detrimental to consumers.
They argue that Dangote Refinery’s pricing should reflect production costs and fair margins rather than international benchmarks, especially given concessions granted by the government for the refinery’s establishment.
PETROAN also announced its plans to partner with foreign refineries and financial backers to import premium-quality petroleum products at prices below current rates.
The association aims to enter the market by December 2024, pending necessary regulatory approvals.
“The allegations that PETROAN will import substandard products are unfounded and aimed at creating an unfair playing field,” the statement read.
PETROAN warned that similar claims in the past had led to significant price hikes when competitors were pushed out, emphasizing that the entry of new players into the market would lead to more competitive pricing and ultimately benefit Nigerian consumers.
PETROAN expressed appreciation for President Bola Tinubu’s commitment to revitalizing Nigeria’s state-owned refineries and urged the government to consider privatizing the Port Harcourt and Warri refineries once rehabilitation is complete.
The association believes a transparent privatization process will help strengthen Nigeria’s downstream sector and counter monopolistic tendencies.
To address the ongoing pricing challenges in the sector, PETROAN called on the government to convene a comprehensive meeting of industry stakeholders, including major associations like IPMAN, DAPPMAN, MEMAN, NUPENG, and PENGASSAN.
PETROAN believes that collaboration among these groups will be instrumental in establishing a sustainable and competitive pricing framework for petroleum products in Nigeria.
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