Court re‎fuses to stop impeachment move against Fayose

Justice Ahmed Mohammed of the Federal High Court, Abuja Thursday rejected an oral application by lawyer to Governor Ayodele Fayose of Ekiti State for an order stopping the on-going move to impeach the governor. Fayose’s lawyer, Ahmed Raji (SAN) had shortly before the end of proceedings in the case seeking to stop the on-going impeachment move, applied orally for an order directing parties to maintain status quo ante bellum “to stop things from degenerating further.”
Justice Mohammed, in a ruling, rejected Raji’s prayer and upheld the argument by Terence Vembe, lawyer to Ekiti State Speaker, Adewale Omirin, to the effect that granting such prayer will amount to the court amending its earlier ruling that the defendants were still within time show cause, as earlier ordered by the court. The judge had, last Wednesday, refused Fayose’s ex-parte prayers for interim injunctions restraining Omirin and other defendants in the case from proceeding with the impeachment move. Instead, Justice Mohammed ordered the defendants to show cause why the orders of interim injunction sought by the plaintiffs should not be granted. Plaintiffs in the suit marked: FHC/ABJ/CS/302/2015 include Olugbemi Joseph Dele (who claimed to be Speaker of the State Assembly), Ekiti State House of Assembly, Fayose and his deputy, Olusola Kolapo. Listed as defendants are Omirin, the Inspector General of Police (IGP), Independent National Electoral Commission (INEC) and the Chief Judge, Ekiti State.
At the commencement of proceedings Thursday, Raji urged the court to grant the order of interim injunction on the ground that none of the defendants complied with the court’s order of April 8 directing them to show cause. “None of the defendants has filed any paper and already a life has been lost on the account of trying to carry out the illegal act (impeachment). To save more life, I urge my Lord to grant the reliefs 5, 6, 7 and 8 on our motion paper.” Vembe objected and told the court that his client were contesting the mode of service of the court processes on him, which he said, was done through a newspaper publication on April 11 which was a public holiday.
 He further faulted the service effected by the plaintiffs via a publication in the Nigerian Tribune newspaper on April 11 on the ground that movements were restricted on that day owing to the governorship and House of Assembly elections held nationwide. In a brief ruling, Justice Mohammed upheld Raji’s argument that Vembe‎ could not canvass any argument on the issue of service orally without putting it in writing as required under the court’s rules.
Vembe proceeded to argue that his client was still within time to obey the court’s order directing him and other defendants to show cause. Although Raji objected to Vembe’s further argument that his client was still within time, Justice Mohammed, in yet another brief ruling, upheld Vembe’s argument.
 The judge noted that the publication ought not to have been done on a public holiday. He held that the three days within which the defendants were required to comply with the court’s order began to run on Tuesday, April 14 and will end on Friday‎, April 17.
 “As of today, the 1st defendant is still within time as provided by Order 36 Rule 13 of the Federal High Court Rules,” the judge said. Further hearing in the case has been fixed for April 29.
The plaintiffs are, in the substantive suit, seeking nine prayers among which is “an order setting aside the purported notice of impeachment and all steps taken by the 1st defendant (Omirin) with other errant members of the 2nd plaintiff (Ekiti State House of Assembly) in relation to the purported issuance and service of the said notice of impeachment for the purpose of commencing and concluding the impeachment proceedings against Peter Ayodele Fayose and Dr. Olusola Kolapo, except and until there is absolute compliance with provisions of section 36(1) and section 188(1), (2), (3) and (4) of the 1999 Constitution (as amended).” Other prayers being sought by the plaintiffs include, “An order prohibiting the 1st defendant (Omirin) and other errant members of the 2nd plaintiff (Ekiti State House of Assembly) from further taking any step, or engaging in unlawful activities relating to the impeachment of Peter Ayodele Fayose and Dr. Olusola Kolapo, except and until there is absolute compliance with provisions of section 36(1) and section 188(1), (2), (3) and (4) of the 1999 Constitution (as amended).
 “An order prohibiting the Chief Judge of Ekiti State from taking any step or action in relation to the request of the 1st defendant (Omirin) for the purpose of appointing a panel of seven persons to investigate and purported allegations of gros misconduct against Peter Ayodele Fayose and Dr. Olusola Kolapo, except and until there is absolute compliance with provisions of section 36(1) and section 188(1), (2), (3) and (4) of the 1999 Constitution (as amended).‎”

PDP fault Oshiomole claim that 140,000 votes of APC voided

The Peoples Democratic Party in Edo State has picked holes in claims by Governor Adams Oshiomhole that 140,000 votes of the All Progressive Congress were voided during the conduct of the Presidential and National Assembly elections.
 It said it symphatised with Governor Oshiomhole for his inability to accept defeat adding that the Governor was looking for excuses to make up for the defeat of the APC at the polls. The PDP said 97,414 votes were cancelled and not voided as claimed by the Governor. State Chairman of the PDP, Chief Dan Orbih, in a press statement said the cancelled votes was in respect of the cancelled votes in Orhiomwon Local Government Area where no vote was recorded.
Chief Orbih noted that votes from Orhiomwon Local Government were not captured in the March 28 election and that the entire people who collected PVCs in the council were disenfranchised. Orbih said the PDP would have swept the polls “if the forces of darkness had not prevailed on INEC to cancel the election going by what we recorded in other local government in the Edo South senatorial zone. “When did Governor Oshiomhole become a Returning Officer in INEC that he now apportions electoral figures? We had expected Governor Oshiomhole to have learnt some lessons in the resounding victory of the PDP in the election but we have again seen that the Governor has not desisted from his old ways of playing on the intelligence of Edo people.
“After winning five out of the nine House of Representatives seats and two out of the three Senate positions in Edo State, we are glad to declare that come the governorship election next year, Edo people will have the final opportunity to put this sad chapter of the APC’s misadventure behind them.”

PDP was killed by injustice

Former Peoples Democratic Party (PDP) gubernatorial aspirant in Niger State, Alhaji Sale Sahabi Danrangi said injustice was responsible for the abysmal performance of the ruling party at the just concluded general elections.
Darangi who decamped to the All Progressives Congress (APC) few days to the April 11 gubernatorial election said he along with many others were victims of the injustice of the ruling party during last December governorship primary of the party in the state.
The former governorship aspirant told Journalists Thursday in Minna that the injustice meted to him and the inability of the party to attend to his protest informed his decision to dump his former party along with his supporters.
He then advised the APC to keep to its policy of giving every member, be it old or new a level playing ground to achieve their political aspirations. Darangi stated that the call became necessary in view of the contribution of those whose defection toward the success of the party at the just concluded general elections.
He said “people like me who was a gubernatorial aspirant have structures already on ground therefore after our defection we moved with all our people and that helped in winning the election particularly at gubernatorial election.” Darangi argued that their contribution assisted in no small measure in the gubernatorial election saying despite the fact that Rijau LGA where he hailed from is a stronghold of PDP the APC won flawlessly. He therefore advice the governor elect, Abubakar Sani Bello to remain focus and resolute in ensuring that he delivered the people of Niger State as contained in his campaign template.

Xenophobic: Reps urges Jonathan to recall Nigeria envoy

In response to the continuous xenophobic attacks on Africans in South Africa, President Goodluck Jonathan Has been advised by the House to, as a matter of urgency, recall Nigeria’s High Commissioner to the country pending when the attacks will stop.
The lawmakers warned that Nigeria will no longer tolerate killings of its citizens.
The resolution followed the adoption of the prayers (as amended) of a motion of urgent matter of public importance by the Chairman, House Committee on Diaspora Matters, Abike Dabiri-Erewa.
It is sad that the recent attacks that has left many dead, businesses and shops vandalised, many beaten up, was incited by a statement by the South African Zulu King, Goodwill Zwelithini.
The King was alleged to have ordered African migrants to return their country as they are no longer welcome in South Africa.
In their resolution, the lawmakers also appealed to the federal government to apply the diplomatic principle of reciprocity in dealing with South Africa.
The lawmakers added that if South Africa continues to frustrate Nigeria businesses, Nigeria must also do the same to South Africa businesses in the country.
In addition, the lawmakers stated Nigeria frowns at the attacks and will no longer tolerate the killing of its nationals in South Africa.
President Goodluck Jonathan must immediately convey this to President Zuma as a matter of urgency.

Senators shocked over Jonathan’s refusal to okay constitution amendment bill

THE build up to the looming face-off between President Goodluck Jonathan and the National Assembly over the former’s refusal to endorse the fourth alteration of the 1999 Constitution gathered momentum yesterday.

Senators were furious after Senate President David Mark read a letter containing Jonathan’s refusal of assent to the constitution alteration.

Already, the Senate Ad-hoc Committee on Constitution review has summoned emergency meeting to discuss the development.

The meeting was scheduled for yesterday and today.

Apart from the emergency meeting, Deputy Senate President Ike Ekweremadu-led committee will also hold a retreat.

Some of the senators angered by the president’s withholding of assent on the Bill are already up in arms, threatening to mobilise their colleagues to override the veto.

The senators, who felt that they did the right thing in the alteration of relevant Sections of the constitution, said that one option open to them was to mobilise members of the two chambers of the National Assembly and the required number of state Houses of Assembly to override the president.

One of the senators said there were salient alterations made in the constitution that were aimed at moving the country forward.

“The work we did painstakingly for months cannot just be thrown to the waste bin with a stroke of the pen. We know how to overcome this sweeping rejection of the work of 109 senators, 360 members of the House of Representatives and over 23 Houses of Assembly.

There was pin drop silence in the Senate chamber as Mark read the seven page memo entitled: “Re: Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act 2015.”

For effect, Mark took his time to read the lengthy document, ensuring that he placed emphasis where Jonathan stressed.

Immediately the Senate president was done with the memo, Senator Sadiq Yar’Adua (Katsina Central) raised a motion to urge his colleagues to set aside relevant Senate rules to enable them to discuss the presidential memo.

Yar’Adua said the president’s memo was so weighty that its discussion should not be delayed.

Mark, however, countered.

The Senate president, who agreed that Jonathan raised weighty issues in the memo, said first thing should be done first.

The first thing, he said, was to circulate the memo to senators to study it with the hope of enabling them make informed decisions on the issues raised by the President.

Mark also said the appropriate committee, in this case, the Senate Committee on Constitution Review, should consider the presidential memo.

He said the committee had already scheduled to meet. He then referred the memo to it.

It was learnt that aggrieved senators have started mounting pressure on Senate leadership to allow the chamber to override the President’s veto.

But the Presidency is insisting that any override of the veto could only become applicable if there is a legal threshold for the amendments to the constitution.

According to a source in the Senate, Ekweremadu and members of his committee from both chambers were shocked by the rejection of the amendments.

They said the 12 issues raised by the President were “legal technicalities”, which can be mutually addressed.

Some of the senators alleged that the “errors” spotted by the President might have been the handwork of the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN).

They vowed to deal with Adoke by invoking the power to override the President’s Veto.

A top source said: “The mood in the Senate and the House of Representatives was shocking and glooming. Ekweremadu and his team were just unhappy that the amendments were thrown away by the President.

“Senators are threatening fire and brimstone to stop the President from vetoing the amendments. Some of them are pushing for the invocation of the power to override the President’s veto as enshrined in the constitution.

“The anger of the senators stemmed from the fact that time is no longer on the side of the National Assembly to meet the thresholds in Section 9(3) of the 1999 Constitution to make the Fourth Alteration Act 2015 legal.

“They are unhappy that all their efforts have been wasted. As it is now, only the 8th National Assembly can complete the process for the ongoing amendments to the constitution.

The source added:  “The Senate leadership is calling for calm to open up talks with the Presidency.”

Another source said: “We told the Ekweremadu’s Committee that there was no basis rushing to pass the amendments into law. We said they should be careful, but they did not follow due process.

“There must be legal basis for amendments to the constitution. If there was no compliance with due process, do you want the President to assent to it?”

The power of the National Assembly to override the President on any bill is contained in Section 58 (1-5) of the 1999 Constitution.

The section says: “The power of the National Assembly to make laws shall be exercised by bills passed by both the Senate and the House of Representatives and, except as otherwise provided by subsection (5) of this section, assented to by the President.

“A bill may originate in either the Senate or the House of Representatives and shall not become law unless it has been passed and, except as otherwise provided by this section and section 59 of this Constitution, assented to in accordance with the provisions of this section.

“Where a bill has been passed by the House in which it originated, it shall be sent to the other House, and it shall be presented to the President for assent when it has been passed by that other House and agreement has been reached between the two Houses on any amendment made on it.

“Where a bill is presented to the President for assent, he shall within 30 days thereof signify that he assents or that he withholds assent.

“Where the President withholds his assent and the bill is again passed by each House by two-thirds majority, the bill shall become law and the assent of the President shall not be required.”

But the position of the presidency, however, yesterday was that the veto had no personal undertone.

Jonathan had said he would not assent to the alterations because they did not satisfy the strict requirements of Section 9(3) of the 1999 Constitution.

Rivers election won't stand says Peterside Dakuku

The candidate of the All Progressives Congress in the Rivers State governorship election, Dakuku Peterside, has expressed confidence that the electoral fraud allegedly perpetrated by the Peoples Democratic Party during the elections will not stand.

Dakuku, who spoke on Tuesday, explained that it was too early for the PDP to celebrate because the era of people getting away with electoral fraud was over.

He also described claims by the PDP campaign that media organisations, civil society groups as well as foreign observers who issued reports based on their observation were induced.

Dakuku said, “Are they saying that the European Union, the Embassy of the United States in Nigeria and several well-meaning friends of Nigeria who witnessed the sham in Rivers were induced?

“You cannot cover the sun with one finger. Everybody who witnessed what happened in Rivers knew what happened. What about our party leaders and members that were murdered?

“The blood of these innocent Nigerians and the tears of their widows and orphans will surely speak. On our part, we are going to court to seek justice for the Rivers people.”

He spoke against the backdrop of a statement by his PDP rival, Chief Nyesom Wike, who was declared winner of the election by the Independent National Electoral Commission.

Wike had in a statement issued by his media assistant, Simeon Nwakaudu, described statements issued by monitors condemning the polls in Rivers as sponsored.

Olanusi sue Olusegun Mimiko for salary stoppage

Ondo State Deputy Governor Ali Olanusi yesterday sued Governor Olusegun Mimiko for alleged stopping his allowances and benefits.
Olanusi is seeking an order of the court restraining Mimiko from stopping his allowances and salary of his aides.
There has been friction between the two top public officers over the defection of the deputy governor from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Olanusi’s counsel Oluwole Kehinde argued that the deputy governor is still constitutionally empowered to enjoy all his allowances and benefits. The governor allegedly gave a directive to stop the salaries and allowances of all political aides of the deputy governor.
A source said Mimiko took the decision to witch-hunt all those who are loyal to Olanusi because of his defection.
It was learnt that the governor had given an order to the Commissioner of Police, Isaac Eke, to withdraw all the deputy governor’s security aides and also prevent him from having access to his official vehicles.
Justice Sanmi Isaq ordered that the respondents should be put on notice.
He said all the respondents, including Mimiko, Eke and the State Director of the Department of State Security (DSS), should be served with the notice.
The case has been adjourned till April 23.