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Abia tribunal drama: Otti’s lawyer claims hospitalisation *We saw him in court – PDP *No more delays – panel
The absence of Anayo Nwakodo, one of the lawyers of the Labour Party (LP) and Alex Otti, Governor of Abia State, over claims of ill-health stalled proceedings at the Abia State Governorship Election Petition Tribunal on Saturday, as the panel was forced to adjourn to Thursday, next week, even with eyebrows being raised over the claim.
The camp of Okey Ahiwe, the governorship candidate of the Peoples Democratic Party (PDP), maintain that the excuse being adduced by the governor’s lawyer was a gambit to delay proceedings and mislead the tribunal by preventing witnesses called by the party from nailing the governor.
The witnesses from the Independent National Electoral Commission (INEC) and National Youth Service Corps (NYSC), who were in the state to testify on issues surrounding the document Otti submitted in lieu of his body’s discharge certificate, could not do so because Nwakodo wrote the panel to claim that he was sick and could therefore not be part of the proceedings.
The witnesses, were called in to validate the official communications of their respective organisations previously tendered and admitted as exhibits in the suit filed by Ahiwe and PDP against the declaration of Otti as winner of the March 18 2023 governorship election.
PDP is contending that INEC through a letter signed by its Secretary, Rose Oriaran-Anthony, had confirmed that LP did not submit its membership register in Abia State as required by law and that the party failed to notify the electoral body of the date fixed for its congress hence the commission did not monitor any congress it purportedly organized.
Besides, the party also claimed that the governor did not submit his NYSC discharge certificate or exemption certificate but rather presented a reference letter to INEC while filling his governorship form.
At the sitting on Saturday, the two witnesses from INEC and NYSC, said to have arrived the state on Thursday, and were asked to return for proceedings on Saturday, 5th August 2023, could not proceed with their testimonies at the Abia State High Court, Umuahia, the venue of the sitting, as a result of the new development.
Before the postponement last Thursday, a drama had ensued, when the LP lawyers made frantic efforts to delay their testimonies, after those of the PDP, told the judges that they had duly served them with a motion to present the official witnesses of fact for their oral evidence.
The Otti camp, had claimed that they could not move on the same day that they were served as they needed time to study the motion, thus pleading with the panel to grant an adjournment to enable them do so in the interest of justice.
Though the panel acceding to their request for a postponement, shifted the matter to Saturday, specifically for the motion seeking leave of court to allow the official witnesses adopt the documents they brought through their written depositions, they sprang a fresh prayer on Saturday, for the proceedings to again be shifted because Nwakodo, who is one of the lawyers representing them wrote that he suddenly took ill and that none of the other lawyers in their team, including four Senior Advocates of Nigeria, (SANs,) could cross examine the witnesses in his absence.
This new twist saw the PDP and Ahiwe’s lawyers vehemently opposing the motion, on the grounds that the witnesses came from outside the state and that the respondents were merely playing to the gallery in their bid to frustrate the case and delay the wheel of justice.
Adding that the Otti and LP, were petrified by the weight of the evidence of the official witnesses, hence the ploy to use technicalities to delay the inevitable, they prayed for the hearing to continue, adding that time was of the essence and justice must be discharged quickly.
But, the panel after listening to both parties, again adjourned the matter to Thursday, 10th August 2023 for the witnesses to be led in evidence and warned against further use of any form of delay tactics to stall proceedings, as it was working to conclude the case within the period stipulated by the Electoral Act.
Incidentally, the PDP team, alleged that shortly after the adjournment, the lawyer, who reportedly claimed to be ill and hospitalised, was spotted around the high court premises discussing with some LP members who were at the tribunal, sparking off outrage from supporters of the opposition party, which lost power in the state, in the 2023 polls, the first time since 1999.
A PDP Chieftain who spoke on the matter, while describing the attitude of the Otti camp as “aimed at delaying the inevitable sacking of the interim government in the state, by stopping the key witnesses from testifying, added: “With defeat staring them in the face, LP and her interim Governor are doing everything to compromise tribunal members and witnesses sent to validate official documents issued by INEC and NYSC. But we will make sure that justice prevails even if it means remaining perpetually vigilant.”
Chidi Odinkalu, Nigeria’s fiery lawyer, law teacher and former Chairman of the National Human Rights Commission (NHRC), is emphatic that President Bola Tinubu is pushing to perpetuate himself in office, beginning with gaming the electoral process in 2027.
Odinkalu, Professor of Practice in International Human Rights Law at the Fletcher School, told his host Naija Unfiltered, a popular Nigerian podcast programme, that he was as sure as death that the President would not exit office in 2031, if he succeeded with his current gambit to remain in power beyond next year.
Hear him: “Yes. But as I said, let me repeat myself. There’ll be a third term. President Tinubu has not done all of this just for another four years. There will be a third term. And anybody who is doing, ‘it is not our portion,’ is not reading the evidence.”
To achieve this aim, the activist, who was also emphatic that the National Assembly, would play a role, added: “The current National Assembly is anything but national or an assembly. And if it’s an assembly, it’s not a parliamentary one. Many people have called it a rubber stamp, but I think that is actually abusive of rubber stamps. I think this National Assembly is a disgrace.
Citing how bizarre and completely compliant the national legislature had become to Tinubu, the ex-NHRC’s boss, stated: “If you can change your national anthem in less than 24 hours with no public hearing, no public consultation, no public involvement, it tells you you don’t have a country because a national anthem is fundamental to the construction of a national identity.”
Also referring to the current move by the President to introduce state police, Odinkalu, wondered how the Nigerian Senate would introduce the bill to that effect and proceed towards the first and second readings, as well as committee stage and passage in less than two hours, questioning how that was possible in normal clime.
Hear him: “Once we finish our elections, we’re going to amend our Constitution, introduce a single six-year presidential term. The current incumbent will be elected until 2031. In 2031, what will happen? The question will be, will he be entitled to run on the six-year term or will he not?
“You will then get the best Senior Advocates in Nigeria telling you the law is not retrospective. That is why the administration is supporting the litigation over President Jonathan’s tenure—not because the Constitution is not clear, but because they will say there is precedent. There will be a third term, and I’m prepared to bet on it.”
“If we continue to pay ransom, we are encouraging these criminals to kidnap more people. The cycle will only continue unless we stop rewarding criminality,” were the words of Dauda Lawal, Governor of Zamfara State, with which he blamed those in the habit of paying ransoms as the major factor fuelling the current wave of kidnapping incidents across the country.
Lawal, on Thursday at the ARISE News/THISDAY Town Hall Conference on State Police and National Security in Abuja, told his audience how he flatly refused to pay a ₦300 million ransom demanded by kidnappers who abducted his brothers in 2019.
Reiterating his opposition to negotiating with bandits and renewed his support for the establishment of state police, Lawal, while recounting the incident, said: “My own brothers were kidnapped in 2019, and the kidnappers demanded about ₦300 million. I told them I was not going to pay a dime. If they wanted to kill them, they could go ahead.”
Stating that his brothers were eventually released without any ransom being paid, he argued that paying ransom usually emboldened criminal groups by providing financial incentives for further kidnappings.
He added: “My position on ransom payments remains unchanged. I will not negotiate, and I will not pay ransom to any criminal, no matter what happens.”
Endorsing the move for the establishment of state police, to enable governors have greater operational authority over security within their states, he regretted that the current constitutional arrangement left governors with responsibility for security without corresponding powers to direct security agencies.
His words: “In as much as I am called the chief security officer of the state, I do not have the command-and-control authority to direct the operations of the security agencies. I’m prepared to support the funding of state police if the proposed policing structure is established. I’m confident that decentralised policing will improve intelligence gathering, response time and the overall fight against insecurity.”
Exactly seven years, two months and four days after he forced Walter Onnoghen, the 16th Chief Justice of Nigeria (CJN) out of office, Danladi Umar, former Chairman of the Code of Conduct Tribunal (CCT), on Thursday, found himself in Kuje prison.
Justice Peter Kekemeke, of the High Court of the Federal Capital Territory (FCT), sitting in Maitama, handed the ex-CCT boss the unwelcome package on Thursday, following his arraignment by the Federal Government on a four-count corruption charge.
Umar’s ordeal began after an investigations revealed that he abused his official position by conferring an undue advantage on himself while serving as head of the tribunal, having in 2021, reportedly using his wife’s bank account to collect the sum of N5.5 million from a contractor engaged to paint the headquarters of the CCT in Abuja.
He was also accuse of using the same account to collect another N6million on January 25, 2024, from a contractor who handled the digitisation of the CCT’s records and yet another N2.43 million a contractor paid as tuition fee of his daughter at Baze University, Abuja.
After pleading not guilty to offences, said to be punishable under section 19 of the Corrupt Practices and Other Related Offences Act, 2000, Christopher Mshelia, lawyer to the FG, prosecuting the matter, applied for his remand in a correctional facility, while urging the court to set a date for the commencement of trial.
His pleas to be freed on bail pending the determination of the case, was opposed by the prosecution, which drew the court’s attention to the fact that it had just been served with the bail application, saying it needed time to respond to it, forcing Kekemeke to adjourn the case till July 15 for hearing while the former CCT boss remained behind bars.
Umar, had as CCT Chairman, on January 23, 2019, issued a controversial ex parte order that led to the removal of a serving Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
Following the ex parte order, the late President Muhammadu Buhari, on January 25, swore in the next most senior jurist of the Supreme Court, Justice Tanko Muhammad, to take over the leadership of the judiciary as Acting CJN.
Even though Onnoghen later voluntarily resigned his position as CJN on April 4, Umar went ahead and convicted him on April 18, 2019, on the federal government’s allegation that he had failed to properly declare his assets as required by law.
He gave the federal government the go-ahead to confiscate all monies in five accounts belonging to the former CJN, and also removed him as Chairman of both the NJC and the Federal Judiciary Service Commission (FJSC).
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