Friday, June 24, 2011

Seven INEC Staff Arrested Over Election Materials


Ekiti State Police Command has nabbed seven staff of the Independent National Electoral Commission, INEC, for allegedly doctoring electoral materials used in April general elections.


The workers were said to have been caught in the act at an undisclosed hotel in Omuo-Ekiti, headquarters of Ekiti East Local Government area of the state.

Their motive was not immediately known. Vanguard however, gathered that they were working for unnamed politicians in the area in attempt to use the doctored electoral materials as evidence in the state Election Petition Tribunal.


The suspects, currently detained at the headquarters of the State Criminal Investigation Department, CID, in Ado Ekiti, were said to have been arrested while invalidating ballot papers used in the April election.


The identity of the suspects were unknown at press time.


But one of the suspects was said to have been arrested for similar offence in the 2009 rerun, when he was said to have been caught with election materials and detained at the Okesa Police Station in Ado Ekiti.

Why I elevated Justice Odili to Supreme Court bench – Katsina-Alu

In his bid to quell the controversy trailing the elevation of wife of former governor of Rivers State, Justice Mary Peter Odili, to the Supreme Court, the Chief Justice of Nigeria, CJN, Justice Aloysius Katsina-Alu, yesterday, insisted that the decision was taken to meet the 35% affirmative action promised women by President Goodluck Jonathan.

The CJN, who made this discloure while swearing-in two new justices of the Supreme Court in Abuja yesterday, said he was delighted by the fact that the decision increased the number of female justices in the apex court bench to three.

Administering oath of office on the newly appointed Justices of the Supreme Court, Justice Odili and Justice N. S Ngwuta, the CJN maintained that the action had “no doubt met the yearning and aspirations of women in Nigeria and, indeed, the world over.”

According to him, “this day is, indeed, significant because we have just witnessed the swearing-in of another female Justice of this Honourable court, Hon. Justice Mary Peter-Odili.

“This brings to three the number of female Justices in the Supreme Court of Nigeria. You may wish to recall that on the 8th June, 2005, the first female Justice of the Supreme Court of Nigeria, Hon. Justice Aloma Mariam Mukhtar, was sworn-in.”

Justice Olufunlola Oyelola Adekeye, who was elevated to the apex court in March 2009, completes the list of female jurists currently on the bench.

Tasking the new justices to shun every form of judicial malpractice, the CJN said he was confident that they would discharge their duties in accordance with the oath of office they subscribed to yesterday.

“The work of the Supreme Court, as you all know, is very demanding and, ,at the same time, very challenging. I am pretty sure you are equal to the task. It, therefore, behoves you to join hands with your brother justices of this court in order to continue to sustain the confidence of the general public and the judiciary.

“The code of conduct for judicial officers is there always to guide you. I have every confidence that you will not fail this court and nation. I urge you to strive hard to discharge your duties in accordance with the oath of office you have subscribed to, having the fear of Almighty God in your hearts and always following the dictates of your conscience,” he added.

The duo, before yesterday, served as justices of the Appeal Court.

Their appointment has increased the total number of justices at the apex court bench to 15.

They were recommended for the position by the National Judicial Council, NJC, following the recent retirement from service of Justices G. A. Oguntade, J.O. Ogebe, Nikli Tobi and I.F. Ogbuagu.


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1999 Constitution stale, says S’West senators – The Guardian

Seek true federalism, fewer political appointees

Yoruba leaders lament zone’s loss of Speaker’s slot

Ajibola, Fasehun warn against killings

FOR the nation to enjoy true federalism, security and a robust economy that guarantees equitable distribution of wealth, the 1999 constitution must be replaced with a better one.

This was the stance of senators from the South West geo-political zone who met in Lagos yesterday.

Also, Yoruba elders under the aegis of Yoruba Unity Forum met in Ikenne, Ogun State country home of the late political leader, Chief Obafemi Awolowo, to deliberate on the affairs of the nation.

The meeting which was presided over by the matriarch of the Awolowo family, Chief Hanna Idowu Dideolu Awolowo was attended by Fredrick Fasehun, Senator Femi Okunronmu, Adedapo Aderemi, Bola Ajibola, Gen. Oladipo Diya, Koforola Bucknor Akerele. The rest were Alhaji Lateef Jakande, Alhaji Lateef Arapaja and Senator Tony Adefuye.


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Soldiers, policemen clash again in Lagos – Nation

There was pandemonium yesterday at Obanikoro, Lagos Mainland where soldiers clashed with policemen who were enforcing the law restraining motorists from plying the Bus Rapid Transit (BRT) lane.

The incident, which occurred at 9am, came barely few weeks after a similar clash in Badagry led to the killing of three senior police officers.

An eye witness, Mrs. Esther Okafor, said the enforcement team was at work when two military officers were stopped by the policemen.


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BankPHB ex-MD Atuche gets N50m bail

A Lagos State High Court, Ikeja, yesterday granted former Managing Director of Bank PHB Plc, Mr Francis Atuche, bail for N50 million with two sureties in like sum.

The sureties, the court ruled, must be working Lagos residents, one of whom must be on the board of a corporate entity with head office in Lagos or Abuja.

One of the sureties must have property worth N50million in Lagos, Justice Lateefat Okunnu ruled.

She barred Atuche from traveling abroad until the case is decided, except on the court’s permission, adding that he should report to the Economic and Financial Crimes Commission (EFCC) every first working day of the month.

The EFCC arraigned Atuche with his wife, Elizabeth, and a former Bank PHB Chief Financial Officer, Mr Ugo Anyanwu, over alleged theft of the bank’s N25.7 billion.

Atuche is also facing two other charges bordering on theft before Justice Adeniyi Onigbanjo of the same court.

Justice Onigbanjo had granted him bail on the existing conditions given him by the Federal High Court, Lagos, where he is facing other criminal charges.

But in yesterday’s ruling, Justice Okunnu said she would not adopt the same bail terms as the other courts’.

She refused to grant Atuche bail on the basis of earlier bails granted him by the courts, which the bank chief had prayed for.

Justice Okunnu held that she did not see any merit in Atuche’s claim that EFCC acted in malice or wanted to embarrass him.

She said case before her was not similar to the one at the Federal High Court and that the EFCC has the right to try him in any court in Nigeria under a state law.

“I am of the firm view that this is not a case of abuse of court process. The matter before the Federal High Court and the one before me have not been shown to be one and the same. The issue of double jeopardy does not arise,” Justice Okunnu had said.

Atuche’s trial will begin on July 5. The other defendants had earlier been granted bail because they did not challenge the court’s jurisdiction.


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Jonathan weighs options on fuel subsidy removal

ADVOCATES of a new revenue allocation formula are likely to win their battle, sources said last night.

Leading the battle are governors, who are facing pressure from workers demanding a new minimum wage – N18,000.

The governors formed a seven-man committee, led by Governors Forum Chairman and Rivers State Governor Rotimi Chibuike Amaechi, to tell the President that fuel subsidy should be removed and a new revenue formula, which will give the states more cash – in line with their responsibilities – should be worked out.

“The President accepted the proposals in principle,” a source close to the Presidential Villa Wednesday meeting said, adding that “he is weighing the options”.

Reminded of the effect of the removal of subsidy (petrol price will rise, just as diesel is sky rocketing), the source, who pleaded not to be named, said: “I think it will be structured in a way that it will cause little or no pains. They realise the potential danger. I think it’s part of the economic planning.”

Labour has advised the government against the removal of subsidy, saying it will deepen the hardship in the land and fatten the purses of big businesses.

In Lagos yesterday, Governor Babatunde Fashola said the state would pay more than N18,000, if its allocation from the Federal purse is raised to meet its numerous needs.

Ekiti State Governor Kayode Fayemi restated the need for the review of the revenue allocation formula to enable states have more money to attend to their developmental needs. He said workers deserve the N18,000, even though most states do not have the capacity to fullfil the obligation.

Fayemi, who spoke to reporters at the Murtala Muhammed Airport, Ikeja, Lagos, supported the advocacy for the removal of fuel subsidy, which he said should not be extended to kerosine, which is used by low income earners.

He said: “First of all, we are looking for all available opportunity to make things relatively easier for us to comply with the law.

“All of us agree that the national minimum wage is a law; it is an Act of parliament. We are not abusers of the rule of law because we are products of the rule of law. To that extent, we all believe that if this is the law, we would have to comply with it.

“However, we also know that the capacity of the states to meet that obligation is highly in doubt. And the Federal Government, as well as the state governments, which are federating units, must come together and find a mechanism for achieving this objective, because we don’t believe that N18,000 is too much to pay workers. But in order to fulfil that, we must first of all have the money to pay.

“So, it is not a question of we will not pay; the resources are not there. How do we then get the resources in order to achieve our objective. That is the fulcrum of the discussion with Mr. President. And it was in that contest that the whole question of subsidy came in.”

On the impact the removal of fuel subsidy will have on low income earners, Fayemi said: “Well, this is a serious discussion we all have to have as Nigerians. We need to come to some definite realisation as to the best mechanism for making life more abundant for our people.

“Subsidy, naturally is not a choice we all want to go for, but we also know that it is really not the poor people who are also benefiting from the subsidy. It is those who are relatively well of that are benefiting from the subsidy. And as a result of that, the bulk of the fuel actually gets smuggled out of the country because it is cheap.

“So, I think that is the mechanism that we must look at so that it can be graduated. Things that directly affect poor people should be left out of this subsidy question, kerosene for example. But things that really focus on people that are relatively well of, and that can help us improve public transport. For example, we don’t need everybody to drive to work, provided that there is an alternative that makes it easier for people to get to work without having to suffer too much of indignity in the process.”

Fayemi spoke of plans by Southwest states to forge economic integration.

He said: “For example, we in the Southwest are talking about a great western rail that will enable people not only to leave Ekiti at 7am and get to Lagos at 9am to work, but also return at 5pm and get to Ekiti at 7pm so that they can have their breakfast before leaving home and have their dinner when they get home.”

Lagos State Governor Babatunde Fashola, also yesterday, said the state could pay its work force more than N18, 000 minimum wage, if the Federal Government increases its monthly allocation.


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Ogun mission school owners sue Ibikunle Amosun

The Christian Missions in Ogun State yesterday made good their threat, as they dragged the state governor, Ibikunle Amosun to court, over the planned reversal of the past administration’s decision to return schools to their original owners.

In the suit filed by the body with reference number AB/161/2011, they sought an interlocutory injunction restraining him (Mr Amosun) from taking back the mission schools which had earlier been returned to them.

Also joined in the suit are the State House of Assembly, Ministry of Education, Technology and Science and the State Executive Council, just as the body insisted that the government should respect the Memorandum of Understanding (MOU) between both parties.

It would be recalled that the immediate past administration of Gbenga Daniel had in 2009 returned 23 out of the 468 secondary schools in the state to their original owners.

However, the state House of Assembly, under the leadership of Tunji Egbetokun, as the Speaker had at its end of the tenure of the legislative work passed a motion for the reversal of the return of the schools.

Unlawful decision

The assembly had faulted Mr Daniel’s decision in returning the schools back to the mission, and called on Mr Amosun’s government to reverse the decision and the process repeated again.

But reacting then, the Christian Community frowned at the resolution and threatened to take the state government to court if it carried out the resolution.

The Christian mission in the suit, prayed the court to restrain the defendants from applying the provisions of sections 3 and 4 of the Education (Post-primary institutions) (Special Provisions) Law, Cap 36, Laws of Ogun State.

The claimants in the originating summons want the court to determine whether the House of Assembly Resolution No. 251 – Reversal of Illegal Return of Schools to Initial Owners – moved and passed on June 1 was lawful.

Similarly, the court was also asked to determine whether it was within the legislative functions of the assembly under Sections 100 and 128 of the 1999 Constitution or any other law to reverse the exercise of the power of the state executive council.

They also prayed the court to declare the purported House Resolution 251 as unconstitutional, null and void and of no effect. However, the date for the hearing of the suit has not been fixed as at the time of filing this report.


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Police and soldiers clash again in Lagos

Police officers and Soldiers clashed at Obanikoro, along the Ikorodu expressway in Lagos on Thursday, throwing the area into panic.
No deaths were recorded and no shots were fired in the crisis that lasted about two hours, but three officers of the Nigerian Army and a suspected police officer reportedly suffered injuries after being beaten up in the resulting fracas.
Clash of uniforms
According to eyewitnesses, trouble started around 8a.m. when police officers and state agency officials attached to the State Task Force, numbering about 30, tried to impound a car, belonging to an officer of the Nigerian Army.
The army officer was reportedly caught by the Task Force for taking the BRT lane, traditionally reserved for BRT and LAGBUS mass transit vehicles only, and was beaten up for refusing to let his car be towed off.
An eyewitness, who identified himself as Dominic said another army officer, who had tried to interfere, was also beaten and locked up in the truck (Black Maria) brought by the Task Force unit.
"Everything was like straight from the movies," he said. "They (Task Force) stopped him for taking the BRT lane. They tried to tow his vehicle away with their truck but he resisted, so they beat him up seriously till he was unconscious. They were kicking and pulling and just beating him. They also beat another soldier that was passing on a motorcycle after he challenged them."
Another eyewitness, who requested anonymity, said the situation got worse when soldiers stopping to have a look at the thrashing, grew in number.
After reaching a sizable number, the soldiers reportedly came to their colleagues' defence by fighting back.
He said, "The police started retreating when the number of soldiers reached about eight; the soldiers charged and caught one of the officers attached to the unit, who was not in uniform, but in a black T-shirt and a black pair of trousers."
Eyewitnesses said other members of the Task Force unit, who had already retreated only watched their colleague being beaten by the soldiers, from about 50 metres away.
"The soldiers beat the officer not in uniform till he was unconscious; they just kept on beating him and his people were only watching from afar," said an eyewitness, Akeem Olusa.
All the while, the soldier initially beaten up by the officers attached to the State Task Force had been revived, and had taken a seat on a kerb by the road.
Mr Olusa said the soldiers later fled the scene after suspecting that the Brigadier Commander, 9th Brigade of the Nigeria Army, Ikeja, Sanusi Muazu, was on his way, to quell the crisis.
This also paved way for the Task Force officers to pull away their colleague and flee the scene.
Police and Army react
This followed an incident that played out about four weeks ago in Badagry, where suspected soldiers attacked and killed three police officers, including Salihu Samuel, a chief superintendent of police and the divisional police officer of Badagry Police station.
The state police spokesperson, Samuel Jinadu, denied any connection with the Badagry killings, adding that no death was recorded. Also speaking on the issue, Mr Muazu, described the situation as unfortunate, stressing that the police and army still maintain a good relationship.
Mr Muazu confirmed that he had had the soldier arrested, and blamed the soldier for taking the BRT lane. He further said the Task Force unit was right to have stopped the soldier, adding that disciplinary actions would follow.
Mr Muazu took the opportunity to warn all operatives of the armed forces to desist from flouting the rules of the state.



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No court can try me, claims Bankole



A former Speaker of the House of Representatives, Dimeji Bankole yesterday claimed that no court has the power to try him for any action he took in office as the speaker.

In an application to quash the charges of illegally obtaining a N38 billion loan leveled against him before an Abuja High Court, Mr Bankole, through his lawyer, Adegboyega Awomolo, said there was no shred of evidence to sustain the 17-count charge.

Subsequently, Mr Bankole asked for an order quashing the charges against him because “the Economic and Financial Crimes Commission (EFCC) has neither statutory nor Constitutional power to issue authority to a private prosecutor, to prosecute offences created by or under the Penal Code Act in any court of law, without the fiat of the Attorney-General of the Federation first being sought and obtained and usage of the powers as a vindictive weapon against the applicant.”

Citing the provisions of the Legislative Houses (Powers and Privileges) Act and the National Assembly Service Commission Act, Bankole said no court has jurisdiction to try or subject him to jurisdiction in all matters which are related to, connected with, or arose from any exercise of his official functions.

He argued that in the exercise of his duties in matters relating to his office as Speaker of the House of Representative, he cannot be prosecuted for the acts, decisions, and resolutions of the House of Representatives, taken at its Executive or Committee sessions because the principle of vicarious liability was unknown to criminal law in Nigeria.

Specifically, he said there is no evidence contained or shown in the evidence placed before the court warranting the inference or conclusion that he was at any time entrusted with the House of Representatives Account No.0039007000018 with UBA bank as alleged in counts 2, 3, 4, 5 and 6 of the charge or at all.

No conclusive evidence
Mr Bankole also claimed that there is no evidence leading to the conclusion that he breached the provisions of Section 311 of the Penal Code Act Cap. 532, Laws of the Federation of Nigeria (Abuja) 1990 in the manner alleged in counts 7, 8, 9, 10 and 11 of the charge or at all.

He claimed the offences of criminal breach of trust and theft as alleged in Counts 2-17 if the Charge (as contemplated or defined in the Penal Code) cannot be committed by him by ‘obtaining a loan to augment allowances and running costs of members of the House of Representatives in violation of the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009’ or at all.

“The accused/applicant in his capacity as Speaker of the House of Representatives and in exercise of his powers as Chairman of the Principal Officers of the House of Representatives at plenary, executive or committee session of the House of Representatives acted in official capacity and not personally, he cannot be personally liable for any criminal prosecution.”

He is also asking for an order condemning the EFCC for an abuse of court process, malicious, and reckless use of prosecutorial power of the Attorney-General of the Federation when it had no power or authority to appropriate such powers.




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