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Timi Frank asks PEPC to give justice to Nigerians by declaring Atiku President

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Former Deputy National Publicity Secretary of the All Progressives Congress (APC), Comrade Timi Frank has challenged Justices presiding over the Presidential Election Petition Court (PEPC) to see the need to give justice to Nigerians.
He based his challenge on the knowledge that the Independent National Electoral Commission (INEC) had admitted that former vice President Atiku Abubakar won the February 25, 2023 presidential election as against Bola Ahmed Tinubu who was alleged to have been erroneously declared.

Frank who made the call in a statement in Abuja on Sunday, also urged the Appeal Court Justices to use the opportunity afforded by the revelation by INEC that Atiku won 21 states in the presidential election to redeem the lost image of the judiciary.

He insisted that now that INEC has voluntarily admitted on record that Atiku won 21 states instead of the 12 states it earlier credited to him, the Tribunal need not look further but to declare the former Vice President as the authentic winner of the February 25, 2023 presidential election.

INEC had, in its response to Atiku Abubakar’s and PDP’s joint petition revealed that the PDP presidential candidate won 21 States of the Federation in the February 25 presidential election.  

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.

“This definitely shows clearly that Atiku’s results were swapped with that of Tinubu to make him win, albeit fraudulently. The justices owe it to themselves, Nigerians and God to declare Atiku the rightful winner of the 2023 present election.

“We know the justices of the Appeal Court hearing the petition challenging the the declaration of Bola Ahmed Tinubu as winner of the presidential election are under tremendous pressure coupled with vile threats and intimidation to maintain an illegal status quo, but they must not succumb because the pressure of God that will be on them should they neglect this material fact would be more than the pressure from men.

“It must never be said that the man who won the least number of states and votes was became president as against the man who won majority of states and votes.

“We cannot afford to go back to the era of impunity in this country when the Nigeria Governors’ conducted an election and declared that man who won 15 votes winner rather than the man that won 19 votes.

Frank who is the Ambassador of the United Liberation Movement for West Papau (ULMWP), to the East Africa and Middle East, urged the justices to be courageous in doing substantial justice in the present case, despite high-wired pressures and intimidations against them notwithstanding.

He said: “Now that that the tribunal’s justices have heard arguments from all the parties in the suits, they should know that Nigerians are looking forward to them to do substantial justice and not ruling based on technicalities.

“We want to remind you that whatever judgment you give at the end of the day will remain as precedent in future. We implore you not to hand down a precedent where clear acts of criminality as witnessed during the Presidential Election will now be the law and order of the day in Nigeria.

“We strongly hold that this is not time to rule based on technicalities or to throw out well-reasoned, germane, valid and powerful submissions by the opposition parties.

“We want to remind you that this is one case where the world is waiting for the outcome and besides, the case presents the Nigerian judiciary an ample opportunity to write its name in gold in the heart of Nigerians and to prominently emplace Nigeria in the map of countries that believe and uphold the principles of fairness, equity and justice. Whatever you do with this judgment is what you will be remembered for.

“The Justices must be resolute and remain faithful to their oath of office and allegiance by carrying out their assignment without fear or favour.

“They must not succumb to any form of blackmail or intimidation. They must borrow a leaf from their counterparts in Kenya who recently saved their country from catastrophe through their courageous verdict.”

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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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