It was a combination of disbelief and shame on September 18, 2023, when Dr Abubakar Mustapha Danraka was sentenced to life imprisonment by a Federal Capital Territory, FCT, High Court for sodomy.
Dr Danraka was the Chief Pharmacist of the National Hospital Abuja.
The ruling by the Honourable Justice Asmau Akanbi-Yusuf, has been hailed as historic and, is expected to act as a deterrent to others with Danraka’s kind of dirty behaviour.
It came under the Violence Against Persons (Prohibition) Act, 2015.
Hon. Justice Akanbi-Yusuf’s ruling is a significant development in the implementation of the VAPP Act of 2015.
The case against Dr Danraka lasted the whole of three years in Court.
Otherwise high profile and well-read, Dr. Danraka, in addition to being a Chief Pharmacist, was a Senior Special Adviser (Technical) to the Director of the National Institute for Pharmaceutical Research and Development.
But he was arrested on March 27th, 2020, for sodomy of a minor who lives in the same estate as him. The minor’s identity is not made public in a bid to protect him, and reduce his trauma.
Dr Danraka reportedly lured the minor to his apartment, drugged him, and se£ually assaulted him.
The Pharmacist had pleaded not guilty during his arraignment on April 5, 2022, but the evidence presented by the prosecution team from the National Agency for Prohibition of Trafficking in Persons (NAPTIP) was unassailable. It led to his conviction and sentencing Dr. Danraka had pleaded “not guilty” during his arraignment on April 5, 2022. He was sentenced to life imprisonment on September 18, 2023.
The Director General of NAPTIP, Prof. Fatima Waziri-Azi, was full of commendation for the judiciary for its “unwavering commitment to justice under the VAPP Act. She praised the collaboration and support of all stakeholders in the implementation of the law and expressed the agency’s determination to continue its efforts in achieving more convictions and reducing impunity.”
It is not known yet if Dr Danraka will appeal this historic judgment against him.
Highlights of President Bola Tinubu’s Address at UNGA
Foreign Exploitation have stunted Africa’s progress
Poor Governance and broken promises have negatively affected Africa
Accelerating action on the 2030 agenda and its sustainable development goals towards peace, prosperity, progress and the sustainability for all
Rebuilding trust and reigniting global solidarity
“First, if this year’s theme is to have any impact at all, global institutions, other nations and their private sector actors must-see African development as a priority, not just for Africa but in their interests as well.
“Due to both longstanding internal and external factors, Nigeria’s and Africa’s economic structures have been skewed to impede development, industrial expansion, job creation, and the equitable distribution of wealth.
I am mindful of the transient hardship that reform can cause. However, it is necessary to go through this phase in order to establish a foundation for durable growth and investment to build the economy our people deserve.
“We welcome partnerships with those who do not mind seeing Nigeria and Africa assume larger roles in the global community.
“The question is not whether Nigeria is open for business. The question is how much of the world is truly open to doing business with Nigeria and Africa in an equal, mutually beneficial manne
In the turmoil, a dark channel of inhumane commerce has formed. Along the route, everything is for sale. Men, women and children are seen as chattel.
“Yet, thousands risk the Sahara’s hot sand and the Mediterranean’s cold depths in search of a better life. At the same time, mercenaries and extremists with their lethal weapons and vile ideologies invade our region from the north.
“This harmful traffic undermines the peace and stability of an entire region. African nations will improve our economies so that our people do not risk their lives to sweep the floors and streets of other nations. We also shall devote ourselves to disbanding extremist groups on our turf.
“ Many such areas have become catacombs of misery and exploitation. The Democratic Republic of the Congo has suffered this for decades, despite the strong UN presence there. The world economy owes the DRC much but gives her very little.
“The mayhem visited on resource-rich areas does not respect national boundaries. Sudan, Mali, Burkina Faso, CAR, the list grows.
“The problems also knock on Nigeria’s door. Foreign entities abetted by local criminals who aspire to be petty warlords have drafted thousands of people into servitude to illegally mine gold and other resources. Billions of dollars meant to improve the nation now fuel violent enterprises. If left unchecked, they will threaten peace and place national security at grave risk.
Our south is pounded by the rising tide of coastal flooding and erosion. In the middle, the rainy season brings floods that kill and displace multitudes” he said.
Full Text
STATEMENT DELIVERED BY HIS EXCELLENCY, BOLA AHMED TINUBU, GCFR PRESIDENT, FEDERAL REPUBLIC OF NIGERIA AT THE GENERAL DEBATE OF THE 78TH SESSION OF UNITED NATIONS GENERAL ASSEMBLY, 18TH SEPTEMBER 2023
Mr. President,
Heads of State and Government, Secretary-General,
Distinguished Delegates, Ladies and Gentlemen,
Mr. President,
On behalf of the people of Nigeria, I congratulate you on your well-deserved election as President of this Session of the United Nations General Assembly.
We commend your predecessor, His Excellency, Mr. Csaba Korosi for his able stewardship of the Assembly.
We also commend His Excellency, Antonio Guterres, Secretary General of the United Nations, for his work seeking to forge solutions to humanity’s common challenges.
This is my first address before the General Assembly. Permit me to say a few words on behalf of Nigeria, on behalf of Africa, regarding this year’s theme.
Many proclamations have been made, yet our troubles remain close at hand. Failures in good governance have hindered Africa. But broken promises, unfair treatment and outright exploitation from abroad have also exacted a heavy toll on our ability to progress.
Given this long history, if this year’s theme is to mean anything at all, it must mean something special and particular to Africa.
In the aftermath of the Second World War, nations gathered in an attempt to rebuild their war- torn societies. A new global system was born and this great body, the United Nations, was established as a symbol and protector of the aspirations and finest ideals of humankind.
Nations saw that it was in their own interests to help others exit the rubble and wasteland of war. Reliable and significant assistance allowed countries emaciated by war to grow into strong and productive societies.
The period was a highwater mark for trust in global institutions and the belief that humanity had learned the necessary lessons to move forward in global solidarity and harmony.
Today and for several decades, Africa has been asking for the same level of political commitment and devotion of resource that described the Marshall Plan.
We realize that underlying conditions and causes of the economic challenges facing today’s Africa are significantly different from those of post war Europe.
We are not asking for identical programs and actions. What we seek is an equally firm commitment to partnership. We seek enhanced international cooperation with African nations to achieve the 2030 agenda and Sustainable Development Goals.
There are five important points I want to highlight.
First, if this year’s theme is to have any impact at all, global institutions, other nations and their private sector actors must see African development as a priority, not just for Africa but in their interests as well.
Due to both longstanding internal and external factors, Nigeria’s and Africa’s economic structures have been skewed to impede development, industrial expansion, job creation, and the equitable distribution of wealth.
President Bola Tinubu’s Address at UNGA
If Nigeria is to fulfil its duty to its people and the rest of Africa, we must create jobs and the belief in a better future for our people.
We must also lead by example.
To foster economic growth and investor confidence in Nigeria, I removed the costly and corrupt fuel subsidy while also discarding a noxious exchange rate system in my first days in office. Other growth and job oriented reforms are in the wings.
I am mindful of the transient hardship that reform can cause. However, it is necessary to go through this phase in order to establish a foundation for durable growth and investment to build the economy our people deserve.
We welcome partnerships with those who do not mind seeing Nigeria and Africa assume larger roles in the global community.
The question is not whether Nigeria is open for business. The question is how much of the world is truly open to doing business with Nigeria and Africa in an equal, mutually beneficial manner.
Direct investment in critical industries, opening their ports to a wider range and larger quantity of African exports and meaningful debt relief are important aspects of the cooperation we seek.
Second, we must affirm democratic governance as the best guarantor of the sovereign will and well-being of the people. Military coups are wrong, as is any tilted civilian political arrangement that perpetuates injustice.
The wave crossing parts of Africa does not demonstrate favour towards coups. It is a demand for solutions to perennial problems.
Regarding Niger, we are negotiating with the military leaders. As Chairman of ECOWAS, I seek to help re-establish democratic governance in a manner that addresses the political and economic challenges confronting that nation, including the violent extremists who seek to foment instability in our region. I extend a hand of friendship to all who genuinely support this mission.
This brings me to my third crucial point. Our entire region is locked in protracted battle against violent extremists. In the turmoil, a dark channel of inhumane commerce has formed. Along the route, everything is for sale. Men, women and children are seen as chattel.
Yet, thousands risk the Sahara’s hot sand and the Mediterranean’s cold depths in search of a better life. At the same time, mercenaries and extremists with their lethal weapons and vile ideologies invade our region from the north.
This harmful traffic undermines the peace and stability of an entire region. African nations will improve our economies so that our people do not risk their lives to sweep the floors and streets of other nations. We also shall devote ourselves to disbanding extremist groups on our turf.
Yet, to fully corral this threat, the international community must strengthen its commitment to arrest the flow of arms and violent people into West Africa.
The fourth important aspect of global trust and solidarity is to secure the continent’s mineral rich areas from pilfering and conflict. Many such areas have become catacombs of misery and exploitation. The Democratic Republic of the Congo has suffered this for decades, despite the strong UN presence there. The world economy owes the DRC much but gives her very little.
The mayhem visited on resource rich areas does not respect national boundaries. Sudan, Mali, Burkina Faso, CAR, the list grows.
The problems also knocks Nigeria’s door.
Foreign entities abetted by local criminals who aspire to be petty warlords have drafted thousands of people into servitude to illegally mine gold and other resources. Billions of dollars meant to improve the nation now fuel violent enterprises. If left unchecked, they will threaten peace and place national security at grave risk.
Given the extent of this injustice and the high stakes involved, many Africans are asking whether this phenomenon is by accident or by design.
Member nations must reply by working with us to deter their firms and nationals from this 21st century pillage of the continent’s riches.
Fifth, climate change severely impacts Nigeria and Africa. Northern Nigeria is hounded by desert encroachment on once arable land. Our south is pounded by the rising tide of coastal flooding and erosion. In the middle, the rainy season brings floods that kill and displace multitudes.
As I lament deaths at home, I also lament the grave loss of life in Morocco and Libya. The Nigerian people are with you.
African nations will fight climate change but must do so on our own terms. To achieve the needed popular consensus, this campaign must accord with overall economic efforts.
In Nigeria, we shall build political consensus by highlighting remedial actions which also promote economic good. Projects such as a Green Wall to stop desert encroachment, halting the destruction of our forests by mass production and distribution of gas burning stoves, and providing employment in local water management and irrigation projects are examples of efforts that equally advance both economic and climate change objectives.
Continental efforts regarding climate change will register important victories if established economies were more forthcoming with public and private sector investment for Africa’s preferred initiatives.
Again, this would go far in demonstrating that global solidarity is real and working.
CONCLUSION
As I close, let me emphasize that Nigeria’s objectives accord with the guiding principles of this world body: peace, security, human rights and development.
In fundamental ways, nature has been kind to Africa, giving abundant land, resources and creative and industrious people. Yet, man has too often been unkind to his fellow man and this sad tendency has brought sustained hardship to Africa’s doorstep.
To keep faith with the tenets of this world body and the theme of this year’s Assembly, the poverty of nations must end. The pillage of one nation’s resources by the overreach of firms and people of stronger nations must end. The will of the people must be respected. This beauty, generous and forgiving planet must be protected.
As for Africa, we seek to be neither appendage nor patron. We do not wish to replace old shackles with new ones.
Instead, we hope to walk the rich African soil and live under the magnificent African sky free of the wrongs of the past and clear of their associated encumbrances. We desire a prosperous, vibrant democratic living space for our people.
To the rest of the world, I say walk with us as true friends and partners. Africa is not a problem to be avoided nor is it to be pitied. Africa is nothing less than the key to the world’s future.
HUNTING FOR EVIDENCE AFTER DETENTION: It’s exactly 100 days today since he has been under President Bola Tinubu’s supervised detention.
On the 10th of June, former CBN governor, Mr Godwin Emefiele was literally abducted from his Ikoyi, Lagos home by men of the Department of State Services, DSS, and chaperoned to Abuja, handcuffs and all.
Since then he has not returned home. He has not been released. Over half a dozen court orders for him to be released or granted bail have been ignored by the Bola Tinubu administration. And the president professes to be a democrat. Maybe there are democrats who are not supposed to obey court orders or who are above the law.
WHAT’S EMEFIELE’S OFFENCE?: Why is Emefiele being detained for so long without trial? Why is President Tinubu so mean and vicious towards Emefiele? No other CBN governor has been so treated with such indignity and ignominy. Straight away, analysts suggest that this is a witch-hunt, an outright vendetta against the former CBN governor for supporting President Muhammadu Buhari’s naira redesign policy of late last year which curbed vote-buying during the February 25th 2O23 Presidential Election. It is said that in APC’s bad blood politics, Buhari didn’t want his party’s candidate, Tinubu to win but knowing that he had enormous cash power to buy up the votes, the sudden naira redesign was a ploy to stymie cash flow and damage Tinubu’s chances at the polls. It is said that Tinubu who hadn’t lost any election in Lagos before lost the last one because there wasn’t sufficient cash to push to the voters.
100 DAYS OF SEARCHING FOR EVIDENCE TO NAIL EMEFIELE : Other than the above, not even 100 days of intense and relentless investigation has produced an actionable offence against Emefiele. This is a checklist of offences so far proffered against Emefiele which never held water in court.
▪︎ DSS first accused him of terrorism financing and economic sabotage bordering on security breach. They quietly dropped the charge apparently because it was a ruse.
▪︎ Next, after about six weeks of detention and investigation, which included ransacking his homes, they charge him with possession of firearms and ammunition. The evidence turned out to he a shotgun, more like a toy gun. The DSS must have been too embarrassed to show up in court with a laughable evidence such as this against a former governor of a country’s apex bank.
▪︎ The evidence hunt continued and a forensic audit was initiated at the CBN. And voila! DSS eventually found the ‘smoking gun’! They claimed they had unearth a procurement deal amounting to about N6.1 billion which Emefiele approved as CBN governor. This watery evidence must have crashed as they soon found out that CBN is run by a board and not a dictator. There’s a chain of approving authorities.
▪︎ A report and accounts of the bank from 2016 to 2023 was hurriedly released in the bid to nail the suspended Emefiele, but the report had nothing incriminating on the former CBN chief.
▪︎ Currently, a special investigator, Mr. Jim Obazee, former chairman of the Financial Reporting Council of Nigeria (FRCN) has been put on the job to nail Emefiele by all means. He has been scouring the books of the CBN and that of all Government Business Entities (GBE) for a couple of months but nothing unearthed!
Emefiele, Arrested By DSS
However, a media propaganda has been set off that a N7 trillion fraud involving Emefiele is about to be unravelled. For months of detention by the DSS, nothing could be found to prosecute Mr Emefiele; all the forensic auditing so far has yielded nothing, but the media is filled with outlandish headlines of the greatest fraud in the history of Nigeria.
PRESSED TO RESIGN UNDER DURESS: The president had committed an illegality ab initio by suspending Emefiele without any serious offence or infraction of the statutes since the office is a tenured one. The three months required for the acting position had elapsed without any headway, Emefiele was forced to resign while in detention. Tenured deputy governors were also pushed out on flimsy excuses. But it has come out that some part of the plot was to clear out the CBN and install Tinubu’s men.
That assignment seems concluded as Femi Cardoso, a Tinubu’s boy, has been appointed substantive CBN Governor with four new deputies made in Tinubu’s image. Thus has the CBN been completely captured.
SOME IMPLICATIONS OF THE MINDLESS VENDETTA AGAINST EMEFIELE: The DSS is the first victim of this blind pursuit of Emefiele. The once pristine agency has been reduced to the lapdog of the presidency. And they are doing the job without any shame or sense of self esteem.
Second, they have proven to be unruly and lawless in doing the bidding of the president. They have disobeyed every law order made against them over the Emefiele case. They seem to violate the rights and freedom of Nigerians with a new found fervour, engendering autocracy. No law of the land allows the DSS to detain any Nigerian indefinitely!
They have also taken over the job of the Economic and Financial Crimes Commission (EFCC). The investigation and prosecution of Emefiele borders on economic sabotage and has nothing to do with internal security.
Apart from the EFCC, the judiciary has been denigrate and battered in this singular pursuit of personal vendetta of Mr. President. The judiciary is made a mockery of as its orders are ignored with impunity.
The financial system is also being disembowelled with auditing searchlight targeted at individuals instead of a holistic x-ray of the system.
Finally, the Tinubu administration is currently being remarked for its narrow-minded, vindictive hunt-down of perceived political enemies instead of reforming the entire system for the good of all. We aver that no Nigerian public official can survive the scrutiny Emefiele has been subjected to. Not even the president. Clamping a former CBN governor into detention for 100 days without any concrete charge and without nary a bail doesn’t do good to a government or a country at that. Governance by witch-hunt makes everyone a witch!
Osuji, an accomplished Journalist, Writer, Columnist, was Media Adviser to former Imo State Governor, Rt. Hon. Emeka Ihedioha
Kano is becoming the worst hit State by the diphtheria, a disease being contracted through consumption of cow skin, popularly known as Ponmo, according to health experts.
The Director General of Kano State Primary Healthcare Development Agency (PHDA), Muhammad Nasir Muhammad, disclosed that as at last count, 520 persons have been killed by the disease, while more may likely die in weeks to come.
The DG, who revealed this in a keynote address at a one-day orientation for media practitioners on the outbreak of diphtheria disease in Kano, attributed the situation to poor routine immunisation which found a higher number of zero doses among the children in the State.
Muhammad decried the shortage of diphtheria vaccine in Kano which has about 8,000 confirmed cases representing 80 percent of the total.
“The state received 200,000 doses of vaccine which is less than one million doses after the outbreak of the disease. But according to our findings, we need over 6 million children to be vaccinated.”
He called on the federal government and development partners to do something urgent for the speedy and effective control of the disease while appreciating UNICEF for its commitment.
Earlier, the Chief Field Officer of UNICEF in Kano, Rahama Mohammed Farah, described diphtheria as a threat to children and their wellbeing.
“It is very important to understand that the analysis of the vaccination status of the suspected cases shows that 60.08 percent of all suspected cases are children who were not vaccinated. As of last week, over 400 suspected cases with 11 deaths have been reported in Kano State.
“The eight most affected local government areas include Ungogo 2,651, Dala 989, Fagge 943, Gwale 714 and Kumbotso 713. Others are Nasarawa 538, Kano Municipal 506 and Tarauni 269.
“UNICEF is therefore collaborating with the government and partners to respond to the emergency to save lives of children affected.”
The UNICEF Kano Field Office added that the office supported the diphtheria response since the first case of the diphtheria disease in December 2022 saying the outbreak needs to be urgently stopped, controlled, and prevented from spreading.
“Last week, UNICEF delivered 1.2 million vaccines to the Kano State government in our continuing support to the government for a response to the diphtheria outbreak. Diphtheria is a highly contagious, infectious disease that can cause death.
“The media has a key role to play, particularly in infection prevention risk communication and community engagement. You will need to educate the public and increase the awareness of parents and communities on the disease and the outbreak, on the importance of immunisation, and what parents need to do in case of suspected cases and how to prevent infection from further spreading.”
Global debt hit a record $307 trillion in the second quarter of the year despite rising interest rates curbing bank credit, with markets such as the United States and Japan driving the rise, the Institute of International Finance, IIF, said on Tuesday.
The financial services trade group said in a report that global debt in dollar terms had risen by $10 trillion in the first half of 2023 and by $100 trillion over the past decade.
It said the latest increase has lifted the global debt-to-GDP ratio for a second straight quarter to 336 percent. Prior to 2023, the debt ratio had been declining for seven quarters.
Slower growth, alongside a deceleration in price increases, were behind the debt ratio rise, the report said.
“The sudden rise in inflation was the main factor behind the sharp decline in debt ratio over the past two years,” the IIF said, adding that with wage and price pressures moderating, even if not to their targets, they expect the debt to output ratio to surpass 337 percent by year-end.
More than 80 percent of the latest debt build up had come from the developed world with the U.S., Japan, Britain and France registering the largest increases. Among emerging markets, the biggest rises came from the largest economies, namely China, India, and Brazil.
“As higher rates and higher debt levels push government interest expenses higher, domestic debt strains are set to increase,” the IIF said.
The report found that household debt-to-GDP in emerging markets was still above pre-COVID-19 levels, largely due to China, Korea and Thailand. However, the same ratio in mature markets has dropped to its lowest level in two decades in the first six months of the year.
“Should inflationary pressures persist in mature markets, the health of household balance sheets, particularly in the U.S., would provide a cushion..against further rate hikes,” it said.
Markets are not pricing in a U.S. Federal Reserve rate hike in the near future, but the target rate of between 5.25 percent and 5.5 percent is currently expected to remain in place until at least May of next year, according to the CME FedWatch tool.
Rates are expected to remain high for a long period in the United States, which could pressure emerging markets as needed investment is funneled to the less-risky developed world.
The Fed is expected to leave rates unchanged at the end of its meeting on Wednesday but could signal that it is open to further rate hikes.
Following the killings of 20 persons in cult-related clashes in Ogiun state, the state governor, Dapo Abiodun said his government will soon enact a law for the death penalty for cultists.
The governor made the pronouncement following clashes by rival cult groups in Shagamu last week. Apart from those that paid the supreme price, others sustained various degrees of injuries, the magazine learned.
Security agencies in the state have since stepped patrol of communities in the state to prevent reprisal attacks.
The state’s helmsman disclosed this during his visit to the palace of Oba Babatunde Ajayi, the paramount ruler of Remoland, saying the death penalty will address the problem of cultism in the Gateway state.
According to him, the government will not fold its arms while some unscrupulous persons unleash mayhem on the state, vowing to bring all those involved in the deadly clash to face the law.
He said the state “will leave no stone unturned in ensuring that we bring any person directly, indirectly or remotely responsible for these occurrences to book. I have discussed with the Attorney General perhaps it is our disposition that allows for these occurrences of heinous crimes.”
“It is well within my powers as the governor of this state to pronounce the death penalty on people and we are going to ensure that we enact that because when people appreciate and understand the consequences of their behaviours, perhaps they will begin to have a rethink.
“The last time I came here, I said any house that we arrest anybody that is connected to either cultism or kidnapping, we will find out where they live and demolish that house.
“Sadly, it has been very difficult for me to implement because they rent an apartment and the unsuspecting landlords who don’t know what they do give their houses to them. After we have arrested them and are about to demolish the house, those landlords will come and beg us that they did not know the suspects were into that business.
“I am now pronouncing that we will no longer refer to these people as cultists or any other name. We are pronouncing them as murderers and we will mete out punishments that are deserving to murderers,” he stated.
Meanwhile, political analysts insist that the permanent solution to the problem of cultism in the country is for politicians to stop arming youths during elections to work for their parties.
These youths are usually abandoned by the politicians after the election to fend for themselves, causing them to turn against their communities with a view to survive.
Although the appeal filed by Peter Obi and the Labour Party to the Supreme Court against the Judgment of the Presidential Election Petition Court (PEPC) is based on fifty-one (51) grounds of appeal, the major complaints they raised against the Judgment are as follows; that:
The PEPC was wrong when it struck out the witness statements on oath of ten (10) out of the thirteen (13) witnesses called by the Petitioners on the ground that the statements were filed after the expiration of the period of twenty-one (21) days prescribed by the 1999 Constitution (as amended) for them to file the statements. They complain that the decisions of the Supreme Court and the Court of Appeal which the PEPC cited in support of the decision do not apply to the facts of this case. That the Court of Appeal, in coming to the above decision, refused to follow its previous decisions in many cases, which were cited and submitted to it, that a subpoenaed witness need not file his statement alongside the petition and any such statement filed after the time allowed for filing the Petition is competent and valid. (See Grounds 10, 11, 12, 13, and 14 of the Notice of Appeal).
The PEPC was also wrong when it struck out the witness statements on oath of the Petitioners’ witnesses (i.e. PW4, PW7, and PW8 who were Expert Witnesses) on the ground that they were persons interested in the outcome of the Petition. They failed to consider and appreciate the decisions of the Supreme Court to the effect that a person interested means “a person who has a pecuniary or other material interest in the result of the proceedings – a person whose interest is affected by the result of the proceedings, and therefore, would have a temptation to pervert the truth to serve his personal or private ends”. The PEPC failed to take into account that in this case, there is no evidence on record in the instant case that any of the Petitioners’ witnesses had any pecuniary or material interest in the result of the proceedings.
It is also their complaint here that by the decisions of the Supreme Court, a person interested does not mean “an interest in the sense of intellectual observation or an interest purely to the same party. It means an interest in the legal sense which imports something to be gained or lost”. That the interest of PW4, PW7, and PW8 in relation to the documentary evidence produced by them, on subpoena, was merely products of intellectual exercise. The PEPC ought not to have struck out their evidence on this ground. (See Ground 15 of the Notice of Appeal)
The PEPC was wrong when it decided that the electronic transmission of results with the Bimodal Voter Accreditation System (BVAS) from the polling units to the IReV is not mandatory under the provisions of the Electoral Act, 2022; and that INEC has a discretion whether or not to use BVAS to upload and transmit the results. In coming to this conclusion, the PEPC relied on the decision of the Federal High Court in Suit No: FHC/ABJ/CS/1454/2022 and refused and ignored the recent decision of the Supreme Court in OYETOLA v. INEC (2023) LPELR-60392 (SC) that the use of BVAs to scan and transmit the results of the election from the polling units to the IReV is “part of the election process” under the new legal regime governed by the Electoral Act, 2022. The PEPC also ignored the decision of the Supreme Court in OYETOLA’s case that “the Regulations provide for the BVAS to be used to scan the complete result in Form EC8A and transmit or upload the scanned copy of the polling unit result to the Collation System and INEC Result Viewing Portal (IReV)….”
It is their further complaint that contrary to the decision of the PEPC, the use of BVAS to transmit the election results to IReV under the present legal regime governed by the Electoral Act 2022 is mandatory. They contend in coming to the above decision, the PEPC overlooked the provisions of Paragraph 2.9.0 on page 36 of the Manual for Election Officials, wherein INEC stated the mischief the introduction of electronic transmission of results was meant to remedy under the new Electoral Act 2022 under the sub-heading “Electronic transmission/upload of the election result and publishing to INEC Result Viewing (IREV) Portal”, wherein INEC explained that:
“One of the problems noticed in the electoral process is the irregularities that take place between the Polling Units (PUS) after the announcement of results and the point of result collation. Sometimes results are hijacked, exchanged, or even destroyed at the PU, or on the way to the Collation Centers.”
The PEPC also failed to consider that in the same Manual and Guidelines, INEC stated that: “it becomes necessary to apply technology to transmit the data from the Polling Units such that the results are collated up to the point of result declaration. The real-time publishing of polling unit-level results on the IREV Portal and transmission of results using the BVAS demonstrates INEC’s commitment to transparency in results management.”
They further complain that since INEC itself had stated in the same paragraph 2.9.0 of the Manual for Election Officials that this commitment is backed by Sections 47(2), 60(1, 2 & 5), 64(4)(a & b) and 64(5) of the Electoral Act 2022, the PEPC was wrong when it held that the provisions of the Manual on electronic transmission of results conflict with the Electoral Act. They make the case that since the provisions of the Manual complement the provisions of the Electoral Act 2022 in this respect, there is no conflict between the provisions of the Electoral Act and the Guidelines and Regulations; and the issue of the Electoral Act superseding or prevailing over the Guidelines does not arise in the circumstance. (See Grounds 16, 17, 18, 21, 22, 23, 24, 25, 26, 27 29, 30, 31, and 32 of the Notice of Appeal)
The PEPC was wrong when it refused to hold that since INEC had represented and assured the whole world in the exhibits and video recordings tendered by the Petitioners in Court that it [INEC] was going to use the BVAS to transmit the results of the election from the polling units to the IReV electronically as mandated by the Electoral Act 2022, INEC could not turn around in this case to now argue that it had discretion on whether to use the BVAS or not.
The decision of the PEPC makes a complete “nonsense” of the chief objectives of the provisions of the Electoral Act 2022. Contrary to the decision of the PEPC, “it is clear from the pleadings and evidence adduced that the failure of the 1st Respondent to upload and transmit the results of the elections from the polling unit to IReV as mandated by law substantially affected the outcome of the election, in that the credibility, integrity, and transparency of the entire election process were compromised and could not be guaranteed.” (Grounds 25 and 28 of the Notice of Appeal)
The PEPC was wrong when it declined jurisdiction to determine the issue of disqualification of the 2nd Respondent (Tinubu) based on the alleged double-nomination of his Vice-President. The PEPC ignored and refused to follow its previous decisions wherein it had relied on extant decisions of the Supreme Court and emphatically held that the issue of double-nomination as raised by the Appellants herein is an issue of qualification that can comfortably be brought and ventilated under 138(1)(a) of the Electoral Act 2010 (as amended), now Section 134(1)(a) of the Electoral Act, 2022.
The PEPC was wrong when it concluded that the Petitioners did not prove their case of double-nomination of the Vice-President (Kashim Shettima) because the law and evidence tendered in the Court did not support that conclusion. (See Grounds 33, 34 and 35 of the Notice of Appeal)
The PEPC misapplied the provisions of Section 137(1)(d) of the 1999 Constitution (as amended) when it reasoned and concluded that the 2nd Respondent (Tinubu) was not disqualified from contesting the Presidential Election based on the forfeiture orders made against him by the US District Court. The PEPC wrongly read the provisions of Section 137(1)(e) of the Constitution (which is a different and independent provision) together with Section 137(1)(d) of the Constitution and concluded that there is no evidence that the 2nd Respondent had been arrested, charged and convicted by a Court of Law to warrant his disqualification from contesting the election.
They complain that the interpretation given by the PEPC is contrary to settled principles of interpretation and the abundant binding case law cited and commended to it on the meanings of “fine” and “forfeiture”. The Court below failed to give a broad, liberal, and purposive interpretation to Section 137(1)(d) of the 1999 Constitution (as amended) as laid down and enjoined by the Supreme Court in cases too numerous to mention. (See Grounds 36, 37, 38, 39, 40, 41, 42, 43, and 44 of the Notice of Appeal)
The PEPC was wrong when it decided that a winner of the Presidential Election does not need to score at least 25% of the votes cast in the FCT, Abuja, under Section 134(2)(b) of the 1999 Constitution (as amended). It is complained that the PEPC ought not to have relied on the Preamble to the Constitution to interpret the provision because the provision is clear and unambiguous. The law is that the Preamble in an enactment (including the Constitution) can only be resorted to in order to “clarify any ambiguity in the words used in the enacting part”; and it “cannot be used to give a different meaning to the clear wording of a provision.” They also contended that the PEPC introduced and relied on extraneous matters/considerations in its interpretation of Section 134(2) of the 1999 Constitution (as amended) because the issue before the Court was not whether or not the FCT has a “special status” over other States; or whether or not every citizen of Nigeria has the equality of vote; or whether or not the right of every such citizen to elect their President whose policies are supposed to and will affect all of them equally regardless of which part of the country they reside or live” as erroneously invented by the Court below. (See Grounds 45, 46, 47, 48, and 49 of the Notice of Appeal)
Adebola Akin-Bright, the 12-year old whose small intestine allegedly missed after a surgery at a private Hospital, Obitoks Medical Centre, Alimosho, Lagos, has finally died.
Sadly, he died Tuesday, the day the Lagos State House of Assembly called on Governor Babajide Sanwo- Olu to, with immediate effect, direct the Ministry of Health to release funds for his overseas treatment.
Governor Sanwo-Olu visited the boy a few days ago at the Lagos University Teaching Hospital, LASUTH where he was transferred, and promised to stand by him and pay for his medical treatment.
The Lawmakers on Tuesday urged the Governor to redeem his promise and prioritize the health of the boy, not knowing he had died about the same time the order was being made.
Speaker of the House, Rt. Hon. Mudashiru Obasa, while presiding over the day’s plenary, moved that Master Akin-Bright needed the urgent treatment abroad.
Obasa and the House also called for the immediate arrest of the doctor of the private hospital, Obitoks Medical Centre in the Alimosho area of the state, who performed the initial surgery that led to the missing small intestine while investigations continue.
The Speaker’s position followed a preliminary report by the Majority Leader, Hon. Noheem Adams, who briefed the House on the findings of a five-man ad-hoc committee created to investigate the circumstances that led to the disappearance of the boy’s intestine.
Giving the preliminary report, Hon. Adams said members of the ad-hoc committee visited the boy at the Lagos State University Teaching Hospital (LASUTH) on Tuesday.
Adams, who chairs the committee, said that the full report would soon be presented, adding that some shocking discoveries were made in the course of its investigations.
“We made some shocking discoveries in the course of our investigation. The incident is very unusual, but we want the boy to survive and we know Mr. Speaker is very interested in his survival too.
“We went to LASUTH on the directives of the Speaker, Rt. Hon Mudashiru Obasa, to find out the health status of Adebola Akin-Bright.
“The hospital told us that Governor Babajide Sanwo-Olu had taken care of the bill for his treatment at LASUTH.
Adams, however, said they were told by the hospital that Akin-Bright needed to be transferred urgently to either the United States of America or United Kingdom for an intestine transplant and that communications were ongoing with hospitals in the two countries.
In his contribution, Hon. Temitope Adewale, another member of the committee, said the patient’s health was deteriorating and that urgent steps needed to be taken.
“He is now given GMO nutrient and there is the urgent need to take him abroad.
“Mr. Speaker, you have given this boy the opportunity to survive by setting up the committee,” he said.
Meanwhile, the House has thrown its weight behind the investigation by the police the sudden and controversial death of upcoming Musician, Oladimeji Aloba, popular as Mohbad’s.
The Speaker, while commending the Governor for also inviting the Department of State Services (DSS) into the issue, directed the Clerk of the House, Barrister Olalekan Onafeko, to write the Lagos Police Command and the DSS intimating them that the House supports the investigation and expect justice for the bereaved family.
Obasa also urged fans of Mohbad to be patient and continue to act with decorum while the investigation continues.
On Tuesday, hundreds of youths embarked on peaceful protests across a number of States in the Federation to protest Mohbad’s death.
A former Governor of Imo State, Chief Ikedi Ohakim, has called on the electorate in the State to elect the incumbent Governor, Senator Hope Uzodimma for a second term in office during the November 11 Governorship election in order to guarantee the implementation of Imo charter of equity.
Ohakim stated this, according to a statement issued by Amby Uneze, Special Adviser to Governor Uzodimma on Print Media, on Monday in his Owerri Residence during an interaction with Journalists, adding that the Imo Charter of Equity which started in 1998 was only truncated by 2011 by Senator Rochas Okorocha.
He maintained that it is only the incumbent Governor, Uzodimma that can implement the Charter to the fullest, having only one more term to complete his Constitutionally guaranteed eight years in office.
Ohakim who traced the historical background of the Charter however, blamed the collapse on the lies sold to the Imo people by Okorocha that he would serve only one term as well as promoting false allegation against him of flogging a reverend father, hence the Catholics without proper investigation bought the lies which eventually truncated the charter of equity in the State.
According to the former Governor, I totally agree with the elders who drafted the current charter with the proviso that its implementation will begin after the incumbent governor, Senator Uzodimma, would have completed his second term in 2028.
“Given our experience in 2003 and 2015 – forget the aberration of 2011 – we have to take into consideration the factor of a sitting governor. It is heartwarming that Governor Uzodimma is favourably disposed to the idea of returning to the charter because it will take a sitting governor to make it work; as we witnessed under Governor Achike Udenwa and as it the case in all the States around us where power sharing is working.
But if Uzodinma gets his second term through another round of scrambling for power among the three zones, it will again be ‘to your tents oh Isreal’. In other words, contrary to the thinking in some quarters that Governor Uzodimma might have engineered the new interest on the Charter,the truth is that it will be impossible to implement it without taking his interest – as an incumbent – into account,” he stressed.
On insecurity, Ohakim admitted that the situation is worrisome in the State and across the South East, but he exonerated Governor Uzodimma from the insinuations that he deliberately hoisted it in the State.
He described such notion as nonsensical even when the governor and himself had been victims of insecurity, noting that Governor Uzodimma is on top of the situation.
Ohakim maintained that verifiable statistics with the Nigeria Police does not show that Imo State has the highest number of crime in the South East.
“As a private citizen, I move around the South East and I can say without any fear of contradiction that on the matter of insecurity, our dear State, Imo, is not worse off. That does not mean that we should give any room for complacency but we should not blackmail ourselves and act in a manner that would rubbish the collective integrity of our dear State and it’s people.
“I have been personally involved in several meetings on the matter of insecurity in the South East and I know that the governors are doing quite a lot. Whether we like it or not, the matter rests squarely on the shoulders of the Federal Government; which is why I would once again restate my position that in this highly tempestuous time, we need a governor who enjoys a good rapour with the federal authorities as Governor Uzodimma does,” he stated.
Ohakim also called the youths to try as much as possible to protest the elders instead of being used as tools to destroy their future and render the society ungovernable.
Lagos state government says it generated N400 billion for the first six months of the year.
The revelation was made by the state commissioner for Economic Planning and Budget, Ope George, at the 2024 Budget Consultative Forum in Ikeja, the state’s capital.
He explained that the state is poised to meet this year’s IGR target, adding that more funds need to be generated to meet the yearnings of the people of the state.
He promised more support for the small and media scale enterprises in the state.
The commissioner said: “We have a good credit rating and good IGR which can help us attract the right set of investment and funding. So, we have to be very creative with our funding by ensuring it’s a mix of IGR and all the funding mechanisms.
“ We’re looking at PPP’s, and being able to get nice concessions at the right rates. So I think we’re fortunate because we are going in the right direction and, hopefully, we can continue to build on that to attract the right investments and funding to be able to solo-fund our budgets and our projects.
“We have a huge informal sector and we hope to tap into it to get the benefits therein. It is something the state is very keen to exploit. We have the Lagos State Employment Trust Fund which helps small and medium enterprises with loans and grants, and we will continue to build on that. The SME’s are integral parts of our economy.
“That is why this consultative forum is important – we hear from the people what they need and we act on it because we are better informed. And when the people know what they are getting, they comply more with paying their taxes and levies promptly.”
The state has the biggest IGR among the 36 states in the country with an average monthly generation of N50 billion.
