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Atiku asks PEPT to declare him winner as INEC confirms he won in 21 States

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The presidential candidate of the Peoples Democratic Party, (PDP) in the February 25th, 2023 presidential election Alhaji Abubakar Atiku has asked the Presidential Election Petition Tribuna (PEPT) to uphold the declaration of the Independent National Electoral Commission, (INEC), that he (Atiku) won 21 states in the presidential election.

Atiku made this comment on Friday while presenting his final address in support of his joint petition with the PDP seeking the nullification of INEC’s declaration of Ahmed Bola Tinubu as winner of the poll.
In the final address settled by his lead counsel, Chris Uche SAN, Atiku said that INEC’s assertion that he won in 21 states was neither disputed, retracted, debunked nor claimed to be error through the proceedings of the tribunal so far.

Recall that INEC had in its response to Atiku’s petition, asserted that the PDP presidential candidate won 21 states of the Federation in the last presidential poll.

The 21 states listed by INEC as having been won by Atiku and PDP are Adamawa, Akwa Ibom Bauchi, Bayelsa, Borno, Delta, Ekiti, Gombe, Jigawa, Kaduna, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Osun, Sokoto, Taraba, Yobe and Zamfara.”

The former Vice President insisted that since the electoral commission, which on its own averments claimed that he won those states and did not rebut the assertion throughout the proceedings, then the tribunal should delay to uphold the declaration.

The final written address reads in part, “Very importantly, the 1st Respondent (INEC) who conducted the election made an open admission in paragraph 18 of its Reply to the Petition, where it unequivocally stated thus:

“The 1st Respondent further avers that in compliance with extant laws and regulations, it diligently discharged its duties when it collated the 1st Petitioner’s (Atiku) scores at the election, which aggregate to 6,984,520, winning only 21 states, to wit: Adamawa, Akwa Ibom, Bauchi, Bayelsa, Borno, Delta, Ekiti, Gombe, Jigawa, Kaduna, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Osun, Sokoto, Taraba, Yobe and Zamfara.
“Indeed, as admitted by the first Respondent (INEC), the first Petitioner (Atiku) won in these 21 states. It is important to note that throughout the trial, the first Respondent (INEC) neither refuted or countermanded this critical averment nor denied it.

“We urge your Lordship to hold that this constitutes an admission that requires no further proof. It also constitutes an admission against interest.

Atiku therefore pleaded with the Tribunal to uphold the assertion of INEC in the process and declare him winner of the February 25 Presidential Election.

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Judiciary

Obi tackles Judiciary over dwindling fortunes

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***Says the rule of law is an intangible asset of any society

The Presidential Candidate of the Labour Party in the 2023 general elections, Peter Obi has decried the level of decline in Nigeria’s Judiciary has witnessed in recent times.

Though the LP standard bearer acknowledged that there still exists few good judges and justices in the country but generally speaking, the situation is worrisome and a threat to the future of the nation.
Obi spoke while delivering a Keynote speech titled “The Role of the Judiciary in Shaping Nigeria’s Future” at the 5th Memorial of Justice Anthony Nnaemeka Aniagolu, at the Godfrey Okoye University, Enugu.
Obi said there is a lot to learn from the integrity of the late Justice of the Supreme Court and his class of Justices.

“It was truly an honor to pay tribute to one of Nigeria’s most esteemed jurists, the late Justice of the Supreme Court, Justice Anthony Nnaemeka Aniagolu.
“His illustrious career, particularly as a Justice of the Supreme Court of Nigeria from 1978 to 1987, brought immense honor to our judiciary through his unwavering integrity and steadfast commitment to upholding the rule of law and ensuring justice in our nation.

“As we commemorate the legacy of Justice Aniagolu and other revered Nigerian judges, we must draw inspiration from their exemplary service. We must strive to emulate their dedication to integrity, fairness, respect for the rule of law, transparency, humility, and the dispensation of justice.

“While the judiciary today still boasts of a few outstanding judges, there is an undeniable decline in our judicial system. This decline poses a significant threat to the future of Nigeria. Justice is increasingly commodified, and delivered in favor of the highest bidder.

“When the rule of law is compromised, the most vulnerable members of society are disproportionately affected, and the fabric of our society begins to fray. The integrity of our institutions, the protection of human rights, and the stability of our nation are all jeopardized.

“The rule of law is the highest intangible and most valuable asset of any society, and we must work tirelessly to protect and preserve it. We must prioritize the pursuit of justice above all else.

“Only then can we ensure that the rule of law remains a beacon of hope and a safeguard against tyranny, oppression, and injustice. The future of our nation depends on it

“In my address to the audience, I emphasized the urgent need to revitalize our judicial system by safeguarding its independence and promoting the values of character, competence, capability, compassion, and integrity among our jurists, as well as within our political leadership. By so doing, we can ensure that justice and fairness prevail as we endeavor to build a better Nigeria for all.

Godfrey Okoye University, Enugu is a private institution owned and managed by the Catholic Church.

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Judiciary

Bill to review emoluments of judicial officers passes second reading at Senate

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An executive Bill which is seeking for the review the Salaries, allowances and fringe benefits of judicial office holders across the country scaled Second Reading on the floor of the Senate on Thursday.
Our correspondent reports that the Bill was presented to both chambers of the Parliament by President Bola Ahmed Tinubu and it had since passed Second Reading in the House of Representatives.
Presenting the Lead Debate, Senator representing Kwara South and Deputy Senate Leader,
Oyelola Ashiru disclosed that Bill, when passed into law “seeks to prescribe salaries, allowances and fringe benefits for Judicial Officers in order to nip in the bud, the prolonged stagnation in their “remuneration so as to reflect the contemporary socio-economic realities of our time.
” Similarly, the Bill intends to unify the salary structure as well as allowances and fringe benefits of Judicial Officers Holders both in the Federal and at the State levels. This proposed legal framework, undoubtedly, will bring about significant improvement in the welfare, capacity and independence of the Judiciary, which have been contentious issues of public discourse over the years. ”
The Deputy Senate Leader further maintained that “the purport and intent of this Bill are in conformity with the current administration’s resolve to strengthen the country’s Judiciary and the criminal justice system, with a view to ensuring its independence in the performance of its constitutional role, as the arbiter of the temple of justice.”
He implored his colleagues ” to support the ‘expeditious passage of this Bill in view of its importance to the socio-economic and political development of this country. ”

By the provisions of the bill, judges are to get over 800 per cent pay rise, as the Chief Justice of Nigeria is to earn N64.6m annual basic salary and allowances, far higher than what obtains currently.

Other justices of the Supreme Court are to earn annual basic salaries and regular allowances of over N60m annually.

The new salary structure is expected to come into effect from 1 January, 2024.

Contributing to the debate, Senator representing Edo North, Adams Oshiomhole said “the prevailing economic conditions demand that we review wages, taken into account the rate of inflation.”

Senator Oshiomhole said that there should be a clause in the Bill that will adjust the wages of the judicial officers based on the level of inflation yearly.
He said: ” At the time we passed the budget last year at N750 per dollar, the overall cost of living compared to what it is today is different. The issue of salary administration needs not be brought to Parliament for debate.
“We need to fix a clause that says, provided that every year, within that law, there should be a provision of appropriate organs to review and take into account the rate of inflation and adjust the wages of both Chief Judge of the Federation and all the judges that are covered by this act.”
Senator Abba Moro also spoke in support of the Bill as he noted that given the rate of present inflation, judicial officers must not be allowed to fall into temptation.
In his own submission, Senator representing Kano North and Deputy Senate President, Barau Jibrin described the Bill as laudable.
“They can’t agitate like other workers..They have been crying in silence. If we take the judiciary seriously, we must also take their remuneration seriously.”
After scaling second reading, President of the Senate referred the Bill to the Committee on Judiciary, Human Rights and Legal Matters to report back in four weeks.

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Judiciary

Appeal Court upturns decision barring Abure, 3 others from acting as LP National executives

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Julius Abure
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The Court of Appeal sitting in Abuja has reversed the decision of the FCT High Court, which dismissed the objection raised by Barr. Julius Abure challenging his removal as chairman of the Labour Party (LP).
The Court also placed a fine of One million naira (N1,000,000) on the respondents.

Recall that Justice Hamza Muazu of the FCT High Court, Abuja on May 13, 2023, dismissed the preliminary objection by Abure after a rulling on an ex-parte application which restrained him and three others; Farouk Ibrahim, Clement Ojukwu, and Oluchi Opara, from acting as national executives of the party.

The suit marked CV/2930/2023 was instituted by Martins Esikpali John, Lucky Shaibu, Isah Zekeri, Omogbai Frank, Abokhaiu Aliu, Ayohkaire Lateef, John Elomah and Ayobami Arabambi.

The plaintiffs told the court that the defendants forged several documents of the court to carry out unlawful substitutions in the last elections.

Abure through his lawyer, Alex Ejesieme, filed a preliminary objection against the suit, saying that an allegation of forgery against his clients cannot be brought before the court by way of an originating summon.

Ejesieme alleged that the plaintiffs are not members of the LP and therefore, lack the locus standi to institute the suit, adding that the matter borders on the internal issues of the party which the court cannot interfere with.

Justice Muazu held that the court has jurisdiction to hear the matter even though it relates to the party’s internal affairs, as there would have no need to interfere, had the party been at peace.

He added that the plaintiffs were right to have instituted the case by originating summons and subsequently restrained Abure and his executives from acting as National officers of the party.

Dissatisfied, Abure proceeded to appeal the judgement, seeking determination whether the lower court was right in the dismissal of his preliminary objection to his removal National Chairman.

Delivering the Lead Judgement on Wednesday, Justice Hamma Akawu Barka, held that the appeal filed by Abure was meritorious and set aside the earlier judgement of the lower court.

Justice Barka held that the process applied by the lower court is incompetent as it wrongly assumed jurisdiction over the case.

He said that issues bothering on forgery, perjury and conspiracy are unproven and deals with serious issues of fact, so the suit should not begin with an originating summon.

The judge also held that the lower court was wrong to interfere in the internal affairs of the political party.

“The party is in its own right Supreme over its affairs, the court will not enforce its own will over that of the political party” Justice Barka held.

The court also held that no ward executive has the power to suspend a National officer of a political party dully elected by the National delegation, adding that such powers are exclusive to the National body.
Justice Barka therefore held that the appeal has merit and set aside the decision of the lower court.

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