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Defection: Court Sacks Ebonyi Gov, Dep …PDP Submits Nominees For Umahi/Igwe Replacement
A Federal High Court in Abuja has ordered the Ebonyi State Governor, Engr Dave Umahi and his Deputy, Eric Igwe, to vacate their seats as the sitting governor and deputy, respectively, on grounds that the Peoples Democratic Party (PDP) won the election on March 9, 2019, and not its candidate.
This is even as the PDP has nominated Hon. Iduma Igariwey as possible replacement for the sacked governor of Ebonyi State.
Having defected to the All Progressives Congress (APC), Umahi and his deputy cannot transfer the mandate of the PDP to the APC, the court said.
Citing Section 221 of the Constitution, Justice Inyang Ekwo ordered the PDP to immediately send names of replacements to INEC so that fresh elections can be conducted.
Ekwo also ordered the Independent National Electoral Commission (INEC) to cease from recognising Umahi and Igwe as the governor and deputy governor of Ebonyi State.
Delivering judgement in the case, the presiding judge, Justice Inyang Ekwo ordered the governor and his deputy to vacate office, adding that their defection was illegal, null and unconstitutional.
He ordered INEC to receive names of candidates from the PDP to replace Umahi and Igwe.
The governor and his deputy defected from the PDP on whose platform they were elected into office in the 2015 and 2019 general election to the APC.
Determined to reclaim its mandate, the PDP sued the Umahi, Igwe, the APC and INEC.
The court noted that the crux of the matter was the defection of the 3rd and 4th from the PDP to the APC, adding that the averments of the 3rd and 4th Defendants did not address the issue of defection rightly and frontally but rather resorted to general denial to affidavit evidence.
Ekwo said the depositions of the 3rd and 4th Defendants in their counter affidavit were “evasive and insufficient” to competently challenge the Plaintiff’s originating process.
It was the opinion of the court that the “Immunity Clause” in Section 308 of the Constitution is not absolute.
The court ruled that “Section 308 is a veritable constitutional shield” and not for political reasons.
Inyang said Umahi and Igwe did not controvert the deposition that total votes scored in an election belong to a political party.
He stated that evidence abound that the 2nd defendant (APC) contested the Ebonyi State Governorship election held on March 9, 2019, with its own candidates.
“It can be noted that the Constitution does not deal with the issue of defection lightly,” the court stated.
“The 3rd and 4th Defendants cannot transfer the votes and victory of the Plaintiff on March 9, 2019, to the APC. Office of the Governor and Deputy Governor of Ebonyi State belongs to the PDP.
“The option for Umahi and Igwe is to vacate office and wait for next election to contest election under the platform of its new party,” the court declared.
The court said the act of the APC, Umahi and his deputy was aimed at dismantling the 1999 Constitution.
Consequently, the court declared that under the democratic system operated in Nigeria, the plaintiff won the majority of votes during the election and was entitled to enjoy same till end of tenure of office for which the election was conducted.
However, the embattled Ebonyi State Governor, Engr Dave Umahi has reacted to reports of his sack by a Federal High Court in Abuja over his defection to the ruling All Progressives Congress (APC) to the Peoples Democratic Party (PDP).
Speaking to journalists in Abakaliki, Umahi said that the judgement would not stand, and that his followers would not obey it.
He described the ruling as “jungle justice that was purchased.”
The governor insisted that such ruling was not a good development for the Judiciary.
The PDP had in an originating summons marked FHC/ABJ/CS/920/2021, approached the court to declare that by defecting from the party on which they were elected as governor and deputy governor of Ebonyi State to the APC, they had resigned or are deemed to have resigned from office.
Ekwo, in a judgement, yesterday, held that the total number of 393,042 votes Umahi secured at the March 9, 2019 Ebonyi State governorship election belonged to the PDP, hence could not be legally transferred to the APC.
Meanwhile, the PDP has nominated Hon. Iduma Igariwey as possible replacement for the sacked governor of Ebonyi State.
The PDP National Chairman, Dr Iyorchia Ayu, who disclosed this at a world press conference, yesterday, in Abuja, hailed the judgement, saying “the Judiciary is indeed the backbone of this democracy.”
Ayu, who appreciated the Judiciary for what he described as a “landmark judgement”, said the verdict would bring order in the political space and check the issue of political rascality and stolen mandates.
He said, “We also want to single out Justice Inyang Ekwo for special recognition, particularly for being courageous and forthright in going for the substance of the law rather than the technicalities.
“And in line with the court order, PDP is immediately submitting to INEC the names of our candidates for governor and deputy governor of Ebonyi State, respectively.
“We are also calling on INEC to immediately issue the Certificates of Return to the PDP nominees as a replacement for Messrs Umahi and Igwe, pursuant to the Order of the Honourable Court.”
Responding to questions, Ayu said the party nominated Hon Iduma Enwo Igariwey as a replacement for Governor David Umahi, and Fred Udeogu as deputy governor.
Ayu also called on the Chief Judge of Ebonyi State to immediately swear them in as soon as INEC issues the requisites Certificates of Return.
The chairman of the opposition party also called on INEC to immediately withdraw the Certificates of Return from the 17 lawmakers and commence the process of conducting bye-elections to replace them.
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Edo Gov Resores Statutory Rights To Oba Of Benin
The Edo State Governor, Senator Monday Okpebholo, has restored the full statutory rights of the Benin Monarch, Oba Ewuare II, abolishing the new traditional councils in Edo South created by the last administration.
He also backed the Federal Government’s Gazette, which gave the ownership of the returned artefact to the Oba’s palace, which was looted during the 1897 Benin massacre by the British colonial forces.
Also, the state government is withdrawing the letter revoking the concession of the Oba Akenzua II Cultural Centre issued by the last administration to be used as a motor park.
These were contained in a statement released by the governor’s Chief Press Secretary, Fred Itua, in Benin, yesterday.
The statement further read, “This administration is restoring the Oba Akenzua centre to a suitable condition for its original purpose.
“This administration also hereby abolishes the new traditional councils in Edo South, created by the last administration.
“Accordingly, Okpebholo has restored the statutory financial entitlements of the Benin Traditional Council and has ordered that the status quo before the creation of the now abolished councils be maintained.
“The Okpebholo administration is backing the initial plan of the state Government to build the Benin Royal Museum that will house the returned artefacts and is distancing itself from the Museum of West Africa Art (MOWA) which the previous administration fronted as the museum to hold the returned Benin artefacts before the federal government intervention on the matter.
“The Federal Government has also issued a Gazette for the recognition of ownership and custody of the repatriated Benin artefacts to Oba of Benin, Oba Ewuare II. This was done through a Government Notice No.25 in the Federal Republic of Nigeria Official Gazette No.57, Volume 110.”
The statement added that Okpebholo respects the rights and privileges of the traditional ruler of the Benin Kingdom, Omo N’Oba N’Edo Uku Akpolokpolo Oba Ewuare ll, and pledges the support of his administration to ensure the Monarch plays his role as the custodian of the rich cultural heritage of the Benin people.
“It is in recognition of this that the administration of Governor Okpebholo shall support the decision of the Federal Government to uphold the Oba of Benin as the exclusive owner of the returned Benin artifacts that were looted by the British Colonial forces during the Benin massacre of 1897.
“The Oba of Benin, as the father of all Benin people, is the sole custodian of the customs and traditions of the Benin people and my administration respects customs and traditions in the land and hereby restores the statutory rights of the Oba of Benin as the true custodian of the returned Benin artefacts.
“Okpebholo said his administration is committed and will refrain from interfering in the internal affairs of the Benin Traditional Council.
“The governor is using his constitutional powers and the respect for traditional institutions and the revered Oba of Benin to restore all other Statutory Rights of the Monarch not mentioned hereof, ” the statement read.
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Tinubu, Buhari, Others Accidental Leaders – Kukah
The Catholic Archbishop of Sokoto Diocese, Bishop Matthew Kukah, yesterday, described President Bola Tinubu, his predecessor Muhammadu Buhari, and other previous heads of state as leaders who found themselves in power by accident.
Kukah noted that it was evident none of them were fully prepared before assuming office, especially in a world where the demands of leadership are rapidly evolving.
The bishop made these remarks while delivering a keynote address at the official commissioning of Start-Rite School’s new building and the 4th Amaka Ndoma-Egba Memorial Lecture in Abuja.
Kukah lamented that the fundamental element missing in Nigerian leadership is knowledge.
While acknowledging the nation’s embrace of the democratic principle of ‘one man, one vote,’ the cleric expressed concern that democracy appears to be malfunctioning under successive administrations.
He stated, “If we are to start from the beginning, you will find that almost every leader who came to power in Nigeria did so as a result of one accident or another. President Tinubu, who said he was prepared for the role, is struggling. We are still trying to get off the ground. He took over from Buhari, who had already given up.
“Buhari succeeded Jonathan, who thought he would retire after being deputy governor, but circumstances thrust him into power. Jonathan succeeded Yar’Adua, who had planned to return to teaching at Ahmadu Bello University after his governorship.
“Yar’Adua, in turn, succeeded Obasanjo, who was unexpectedly released from prison to become president. Obasanjo took over after Abacha, who was being positioned by five political parties to rule indefinitely until nature intervened.
“Abacha succeeded Shonekan, who was a business executive at UAC before being called to serve as Head of State. We can go on and on, but the fundamental issue in governance is knowledge. Leaders need a deep understanding of their environment.”
Kukah stressed that while the world has changed, the expectations of leadership have not.
Earlier in his remarks, the Chairman of the National Drug Law Enforcement Agency (NDLEA), Brig. Gen. Buba Marwa, stressed the importance of instilling leadership qualities at an early age.
Marwa attributed the country’s struggles with various societal vices to failures in leadership and accountability.
He also raised concerns about a growing syndicate of
visually impaired individuals involved in the illicit drug trade in Nigeria.
“As Chairman of the NDLEA, we have encountered many challenges from drug traffickers. Recently, we uncovered an intriguing cartel involving visually impaired individuals.
“We arrested a blind man transporting a large consignment of cannabis from Lagos to Kano. Upon interrogation, he claimed ignorance of the contents, saying he was simply delivering a package.
“When asked who gave him the consignment, he provided a name, which led us to another blind individual in Lagos. That individual revealed a partner, who was also blind. Eventually, we traced the ultimate handler, who turned out to be blind as well,” he explained.
Marwa declined to provide further details about the cartel’s leader, stating, “I won’t tell you the rest of the story.”
In his closing remarks, Marwa commended, Chairman of the Board of Advisory for Start-Rite School, Senator Ndoma-Egba, for organising the memorial lecture in honour of his late wife, Amaka Ndoma-Egba.
He said, “Amaka Ndoma-Egba was a visionary who founded this school to equip students with the skills needed to thrive in an ever-changing world.”
The late Amaka’s 17-year-old initiative, Start-Rite School, began with a modest class of seven pupils in 2008 and has since grown into a leading institution with over 800 students across nursery, primary, and secondary levels in Abuja.
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SERAP Urges Tinubu To Probe Missing Funds In Humanitarian Affairs Ministry
The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to order an investigation into the allegedly over N57 billion of public funds “missing, diverted or stolen” in the Federal Ministry of Humanitarian Affairs and Poverty Alleviation in 2021.
The organisation asked Tinubu “to direct the Attorney-General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN, and appropriate anti-corruption agencies” to probe the allegations.
This is according to a statement issued by SERAP’s Deputy Director, Kolawole Oluwadare, in a letter dated November 23, 2024.
In its request, SERAP referenced the 2021 audited report released last week by the Office of the Auditor-General of the Federation, saying, “The allegations amount to stealing from the poor. There is a legitimate public interest in ensuring justice and accountability for these grave allegations.
“The allegations also suggest a grave violation of the public trust, the Nigerian Constitution 1999 (as amended), the country’s anti-corruption legislation, and international anti-corruption obligations.”
The organisation demanded that anyone found guilty should be punished by law, and “any missing public funds should be fully recovered and remitted to the treasury.”
“Hundreds of billions of naira are also reportedly missing in other Ministries, Departments and Agencies [MDAs],” it added.
The statement read in part, “Poor Nigerians have continued to pay the price for the widespread and grand corruption in the Federal Ministry of Humanitarian Affairs and Poverty Alleviations and other Ministries, Departments and Agencies [MDAs].
“According to the 2021 annual audited report by the Office of the Auditor-General of the Federation, the Federal Ministry of Humanitarian Affairs and Poverty Alleviation, [the ministry] in 2021 failed to account for over N54 billion [N54,630,000,000.00] meant to pay monthly stipends to Batch C1 N-Power volunteers and non-graduate trainees between August and December 2021.
“The money was ‘not directly paid to the beneficiaries.’ The Auditor-General is concerned that the money ‘may have been diverted.’ He wants the money recovered and remitted to the treasury. He also wants suspected perpetrators of the diversion to be sanctioned in line with the Financial Regulations.”
Among others, SERAP noted that the ministry “reportedly failed to account for over N2.6 billion [N2,617,090,786.00] of public funds meant for the ‘home-grown school feeding programme during Covid-19’, as ‘the programme was never executed.’ The money was allegedly paid to five contractors to ‘procure, package and distribute Covid-19 palliatives to Kano, Zamfara and Abia states,’” but without any trace.
“The ministry also reportedly spent over N78 million [N78,373,909.74] to ‘carry out a survey on the ministry’s Covid-19 response to states and vulnerable groups’ but without any approval or document.
“The ministry also reportedly failed to account for N400 million [N400,000,000.00] meant to pay ‘stipends to 4,450 independent monitors for October, November, and December 2021,’” it stated.
The organisation further advised the President to “use any recovered stolen funds to fund the deficit in the 2025 budget, and to issue an immediate moratorium on borrowing by the Federal Government to ease Nigeria’s crippling debt crisis.”
“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.
“SERAP urges you to immediately enforce the judgment by Hon. Justice Deinde Isaac Dipeolu of the Federal High Court, Lagos, ordering your government to release the spending details of N729 billion by Mrs Sadia Umar-Farouk, the former Minister of Humanitarian Affairs, Disasters Management and Social Development,” read the statement, among others.
In February 2024, there were reports that the Economic and Financial Crimes Commission (EFCC) recovered over N30bn from the N37,170, 855,753.44 allegedly laundered in the ministry under the former minister, Sadiya Umar-Farouk.
Sources in the anti-graft agency said the commission had also uncovered over N500m from the scam associated with Umar-Farouk’s successor, Betta Edu.
In July 2024, Justice Dehinde Dipeolu of the Federal High Court in Lagos State directed Umar-Farouk to give details of how N729bn allegedly disbursed to 24.3 million poor Nigerians was carried out.
The court ruled that the ex-minister should provide a list of all the beneficiaries, including their bank details, that received the N5,000 disbursed for six months.
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