Politics
Hearing On Ibori’s Bid To Stop EFCC Begins, Wednesday
Federal High Court, Asaba will begin fresh hearing of Chief James Ibori on Wednesday April 28, 2010 in his application to restrain EFCC from arresting him.
Justice I.N. Buba, Monday April 19 in Asaba after listening to arguments by Mr J.B. Dauda (SAN) counsel to Ibori and Mr Chidi Okoroma, counsel to EFCC, fixed April 20.
Ibori, through his counsel had filed a motion exparte on April 12, praying Buba to grant an interim injunction restraining the EFCC from arresting or harassing him.
Joined in the suit are the Attorney-General of the Federation; the Inspector-General of Police and the Director-General of the State Security Service (SSS).
Ibori also urged the court to restrain the respondents, their agents, privies and assigns from intimidating him or attempting to arrest him pending the hearing and determination of the substantive motion.
But the court ruled on April 14, that the Motion on Notice filed by Ibori be served on all the respondents and that the motion be heard April 19.
Counsel to Ibori who argued the motion Monday said he was served the counter affidavit and Notice of Preliminary objection by the EFCC.
Dauda said he was also served the first respondents counter affidavit.
He said that the Notice of preliminary objection by EFCC contained an elaborate address and it was only fair for him to respond because it questioned the jurisdiction of the court to hear the matter.
“The lawyer raised certain facts not contemplated by the original application in which we need to file a counter and further affidavit.”
He also clarified “some misinformation” that the court granted Ibori a restraining order.
He also urged the court to compel the respondents to subject themselves to the rule of law.
Dauda also urged the court to grant Ibori a preservative injunction.
But Okoroma said the EFCC was “taken aback” when Dauda mentioned that they were in court to hear the case in which they were served only on April 15.
The EFCC counsel said there were no bases for the court to grant preservative order over Ibori.
He also urged the court to call the press to order against what he called the misrepresentation of processes of court in the reportage of the matter.
The judge said he would invoke and apply relevant sections of the criminal code on false publication on any journalists who ridiculed the administration of justice.
He said the court was at liberty to commit to prison anybody who is in contempt of court.
The judge who also adjourned to April 28 for fresh hearing notices to be served on the first and third respondents.
He also appealed to journalists to report correctly what happened in court and cross check facts when in doubt.
On Wednesday, the House of Representatives passed, through a second reading, a bill seeking to retain immunity for the Office of the President and remove immunity from the Vice President, the Governors and the Deputy Governors.
The bill was one of the 42 considered and passed through the second reading stage during plenary presided over by the Deputy Speaker, Mr Benjamin Kalu, in Abuja.
Sponsored by Hon. Solomon Bob (Rivers PDP), the bill is seeking the amendment of Section 308 of the 1999 Constitution to guard against abuse of office and to ensure transparency in governance.
The long title of the proposed legislation read: “A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999, to qualify the immunity conferred on the President, remove the immunity conferred on the Vice President, the Governors and their deputies, in order to curb corruption, eradicate impunity and enhance accountability in public office and for related matters.”
Key amendments include changes to Section 308 of the Constitution, which currently grants immunity to the president, vice president, governors, and deputy governors while in office.
The proposed bill will amend subsection 3 to ensure that immunity only applies to the President and the vice president when acting as President under Section 145 of the Constitution.
Additionally, a new subsection 4 will be introduced to make the immunity clause inapplicable if the office holder is acting in an unofficial capacity, engaging in actions beyond the powers of the office, or involved in criminal conduct.
“The bill seeks to foster transparency and strengthen the fight against corruption by making public officials more accountable for their actions, both in and out of office.”
“Section 308 of the principal Act is amended by:(a) substituting a new subsection (3) as follows: “(3) This section applies to a person holding the office of the President of the Federal Republic of Nigeria and the Vice President only when acting as President, in line with Section 145 of this Constitution.
Creating sub section (4) thereto as follows:”(4) The foregoing provisions of this section shall be inapplicable where the person to whom this section applies is acting in an unofficial capacity or where the conduct of the person is beyond the powers of his office or the conduct is criminal in nature.
“This Bill may be cited as the Constitution of the Federal Republic of Nigeria (Alteration) Act 2024.
The bill is currently awaiting further debate and consideration by the National Assembly.
The Independent National Electoral Commission (INEC) has written to notify Natasha Akpoti-Uduaghan, the senator representing Kogi Central, about the petition by constituents seeking her recall from the national assembly.
INEC said it has also received the contact details of the petitioners.
“Pursuant to section 69 of the constitution of the Federal Republic of Nigeria 1999, as amended, I write to notify you of the receipt of a petition from representatives of registered voters in your constituency seeking your recall from the senate.
“The notification is in line with the provisions of clause 2 (a) of the Commission’s Regulations and Guidelines for Recall 2024.
“This letter is also copied to the presiding officer of the senate and simultaneously published on the commission’s website. Thank you”, the letter read.
The letter was signed by Ruth Oriaran Anthony, secretary to the commission.
Meanwhile, in a statement issued on Wednesday, INEC said it has now received the updated contact details from representatives of petitioners seeking to recall the senator.
In the statement, Sam Olumekun, INEC’s National Commissioner and Chairman of Information and Voter Education, said a letter notifying the senator of the petition has been delivered to her official address, copied to the senate presiding officer, and published on the commission’s website.
“The next step is to scrutinise the list of signatories submitted by the petitioners to ascertain that the petition is signed by more than one half (over 50%) of the registered voters in the constituency. This will be done in the coming days.
“The outcome, which will be made public, shall determine the next step to be taken by the Commission. We once again reassure Nigerians that the process will be open and transparent”, Mr Olumekun said.
Sen. Akpoti-Uduaghan had recently accused Senate President Godswill Akpabio of sexually harassing her.
The allegation came in the wake of seating arrangement related altercation between Senator. Akpabio and the Kogi Central senator at the red chamber
She was subsequently suspended from the senate for six months for “gross misconduct” over the incident.
The constituents behind the recall move also accused her of “gross misconduct, abuse of office, and deceitful behaviour”.
The senator has denied wrongdoing and called the recall effort a “coordinated suppression” of her voice.
The House of Representatives on Wednesday passed the second reading of a bill to upgrade the Lagos State 37 Local Council Development Areas (LCDAs) to full-fledged Local Government Areas (LGAs ).
The bill, was sponsored by James Faleke, Babajimi Benson, Enitan Badru, and 19 other lawmakers.
The bill is titled “A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to Accommodate the Thirty-Seven (37) Development Area Councils of Lagos State as Full-Fledged Local Government Areas, Increasing the Total Number of Local Government Areas in the Federation to Eight Hundred and Eleven (811), and for Related Matters (HB. 1498),”
Once fully enacted, Nigeria’s total number of LGAs will rise from 774 to 811, with Lagos overtaking Kano and Katsina, which currently have 44 and 34 LGAs, respectively.
Proponents of the bill argue that granting full LGA status to the LCDAs would bring governance closer to the people. The 37 LCDAs were created by President Bola Tinubu in 2003 when he was governor of Lagos State.
However, it’s worth noting that the Lagos State House of Assembly has been working on a bill to replace the 37 LCDAs with newly designated administrative areas.