News
Bayelsa Guber Race: Court Orders INEC To Include PDP Candidate
There was wide jubilation yesterday in Barrister Seriake Dicksons’ camp following an Abuja court’s order directing the Independent Electoral Commission (INEC) to include his name as a candidate of the Peoples Democratic Party (PDP) in next month’s governorship election in Bayelsa State.
Last week, the electoral body released a total of 35 names representing different parties for the election without naming any person in the PDP, because of what it called “litigation”.
However, Dickson approached the Abuja court for remedy and an interim injunction directing INEC to include his name was obtained.
Justice G.K. Olotu gave the order following an application for “judiciary review by way of mandamus” in terms of the reliefs set out in the statement of facts that accompanied the application.
Justice Olotu after hearing the submission of Barristers F. N. Nwosu and Obinna Mbuka, counsels for Hon. Dickson in a 17 paragraph affidavit restrained INEC from further removing or excluding the applicant and his deputy, John Jonah as duly nominated candidates of PDP from contesting the February election in Bayelsa State.
The order according to the court is given under rule 34(5)(3) of the Federal High, and thereafter adjourned the case to January 26 for hearing.
Immediately the news filtered in Yenagoa, there was a wild jubilations among PDP supporters in Dickson’s camp. A party stalwart described the situation as positive development in the efforts to bring change to the state.
But in his reaction, Chief Timpre Sylva, described the order as “strange, despicable, and untenable.” An Abuja Federal High Court granted the order late Wednesday night under an unusually heavy police presence, which compels the Independent National Electoral Commission (INEC) to publish the name of Mr. Seriake Dickson as Peoples Democratic Party (PDP) candidate in the February 11, governorship election in the state.
The governor on INEC to challenge the “immoral, ungodly and pathetic” court order obtained by fraud in the dead of the night.
Speaking through his Chief Press Secretary, Mr. Doifie Ola, Sylva said the order and the processes leading to it were “a grave insult to the integrity of the judiciary”.
Governor Sylva noted that prior to the events of Wednesday, he had instructed his lawyers to do a permanent search at the court registry to monitor the judiciary in case his adversaries were up to any tricks. Through the search at the registry, his lawyers found the pendency of a suit filed by Dickson against INEC requesting for an order of mandamus to compel the electoral commission to publish his name as the PDP candidate for the 2012 gubernatorial election in Bayelsa State.
He explained that when the finding was brought to his attention, he instructed his lawyers to file a joinder, as an interested party, requesting a stay of proceedings on the suit, pending the determination of the motion for joinder.
Sylva observed that on Wednesday, 17 January, both parties were in court until 6.30pm, and about that time, the registrar of the court called the lawyer to Dickson into the chambers. The governor’s lawyer was not invited, but he followed them into the chambers. In the chamber, the judge, Mrs. Olotu, pointedly told his lawyer that she did not invite him, but the lawyer insisted he was an interested party in the matter and deserved to be there.
The governor noted that at this point, the judge threatened his lawyer with armed policemen, saying if he did not go away, the police would be instructed to throw him out forcefully. Out of respect for the institution of the judiciary, Sylva’s lawyer left the judge’s chamber, but he remained in court till 9pm, when about 100 policemen were brought into the court premises to forcefully chase out the lawyer and other sympathisers of Governor Sylva.
Sylva said he later learnt that 15 minutes after the police action, after his lawyer and supporters had been chased out, an order was granted by the judge.
Sylva is aware that what Dickson sought was an ex parte motion for relief to compel INEC to put his name as PDP candidate. But the judge went ahead and granted not only the leave to compel INEC to publish the name, but also the mandatory order to compel INEC to put Dickson’s name as the PDP candidate.
The governor observed that in so doing, Justice Olotu determined the substantive relief sought by Dickson at the ex parte stage, which meant that INEC was not heard, his application for stay was not heard, and the relief Dickson was seeking had been heard at this preliminary stage.
“It is sad that on these matters that are awaiting determination at the Supreme Court, the highest court in the land, a judge of the Federal High Court of Nigeria will go ahead to hear and give a ruling,” Sylva observed.
Governor Sylva observed that there was enough material before the court to show that the subject matter of Dickson’s application was a matter of litigation at the Supreme Court. He interpreted the Justice Olotu’s action as sitting on an appeal that is before the Supreme Court
Sylva sees the speed with which the matter has been determined as a clear pointer to the fact that the judge was interested not only in justice but in some other special interests.
A bill to amend the Corrupt Practices and Other Related Offences Act 2000 has passed its second reading in the House of Representatives.
The bill, which mandates compulsory counselling and training for individuals convicted of corruption-related offences, was sponsored by Kayode Akiolu (APC-Lagos) during plenary on Wednesday.
Leading the debate, Mr Akiolu explained that the bill sought to amend Section 67 of the principal act, introducing new provisions that were not part of the original section.
“These additional provisions, found in subsections 2, 3, and 4 of the amendment bill, require judges and magistrates to not only impose imprisonment and/or fines on those convicted of corruption but also mandate a minimum four-week anti-corruption counselling and training.
“The counselling and training will be designed and delivered by the Anti-Corruption Academy of Nigeria (ACAN) and aims to address the psychological factors related to corrupt behaviour,” Mr Akiolu said.
Mr Akiolu emphasised that the training would help reform convicts by addressing their corrupt tendencies and could even transform them into advocates for anti-corruption efforts.
He added that this approach aligned with the reformative aspect of the criminal justice system, which focused on punishment and rehabilitation.
“As per subsection 4, the bill allows magistrates and judges to order convicts to cover the cost of their counselling and training, preventing additional financial burdens on the government,” the lawmaker noted.
Mr Akiolu further argued that if the bill is passed into law, it would strengthen the country’s fight against corruption.
Given the widespread negative impact of corruption, he urged the House to support the bill for the country’s benefit.
Following the debate, Speaker Tajudeen Abbas referred the bill to the relevant committee for further legislative consideration.
The Judiciary and the Media are key pillars of democracy, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has said.
Kekere-Ekun made this statement in her address at the 2024 National Conference of the National Association of Judiciary Correspondents (NAJUC).
The CJN was represented by Mr Abdulaziz Olumo, the Secretary of the National Judicial Institute (NJI).
“ The judiciary and the media occupy unique and complementary roles in any democratic society.
“ The judiciary serves as the guardian of justice, equity, and the rule of law, the media acts as the conscience of society, disseminating information, shaping public opinion, and ensuring accountability.
“ Together, these institutions provide checks and balances that strengthen the fabric of democracy,” she said.
Quoting Felix Frankfurter, a former U.S. Supreme Court Justice, she said: free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society.”
The CJN said this dynamic interdependence between the judiciary and the media presents opportunities and challenges alike.
“ The media is entrusted with the responsibility of informing the public about judicial activities, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work.
“ However, the inherent power of the media to influence public opinion requires careful management, especially when its focus turns to judicial proceedings.
“ The question posed by Robert J.Cordy, a former Associate Justice of the Massachusetts Supreme Judicial Court, is pertinent here: “What happens when the free press turns its sights on the courts-scrutinizing, sensationalizing, and exposing the frailties of the judiciary while questioning its ethical standards and performance?”
“The media’s capacity to shape narratives and perceptions is undeniable” she said.
Quoting Jim Morrison , she said “Whoever controls the media controls the mind.”
According to her, this underscores the immense responsibility placed on journalists to report truthfully, fairly, and objectively.
“ Unfortunately, the commercialisation of news and external influences have led to the rise of sensationalism-a practice that distorts facts, erodes trust, and undermines the very essence of journalism.
“ Sensationalised headlines, such as the infamous 2016 headline “We raided the houses of ‘corrupt, unholy’ judges, says DSS,” can paint a skewed picture of the judiciary and its officers. Such reporting, often devoid of context, compromises the integrity of the justice system and misleads the public.
“ Closely tied to this is the issue of “trial by media,” where premature and often biased media narratives prejudge cases and infringe on the constitutional rights of individuals” she said.
She added that as Mahatma Gandhi rightly observed, “The sole aim of journalism should be service.” It is imperative for media practitioners to remain steadfast in their commitment to truth and objectivity.
To this end, she advised, the National Association of Judiciary Correspondents to take proactive steps to regulate the activities of its members.
“ This is not merely about enforcing rules but about fostering professionalism and safeguarding the credibility of the media.
“ The judiciary and the media must work as partners in progress.
“ To bridge the gap between these institutions, there is a pressing need for constructive engagement and mutual understanding.
“ Courts can provide the media with guidelines on judicial processes, courtroom decorum, and the nuances of court proceedings.
She noted that globally, courts have adopted initiatives to support the media’s role in reporting judicial matters.
For instance, she said the Supreme Court of Dakota’s media guide outlines protocols for courtroom reporting, while the UK ‘s Media Guidance document provides clarity on access and etiquette for journalists.
“ These examples demonstrate how structured collaboration can enhance the quality of judicial reportage.
“ In Nigeria, we can take a cue from these models by developing a comprehensive media guide tailored to our judicial landscape.
“ This initiative, which would involve inputs from NAJUC and judicial stakeholders, would not only enhance media access to courtrooms but also ensure that judicial activities are accurately and responsibly reported” she said.
She advocated that judiciary correspondents must make deliberate efforts to familiarise themselves with the rules and procedures of the courts.
She added that understanding these frameworks will enable journalists to navigate the complexities of judicial proceedings effectively and responsibly.
“ Training programs such as this conference play a crucial role in equipping judiciary correspondents with the knowledge and skills needed to report judicial matters accurately.
“ The theme of this year’s conference, “The Role of Courts in Enforcement of Judgments,” is both timely and significant, as it addresses an aspect of judicial work that is critical to upholding the rule of law and ensuring justice.
“ I commend NAJUC for its commitment to promoting accountability and transparency through its engagements with the judiciary.
“ As I conclude, I must emphasize the importance of credible journalism in strengthening public trust in the judiciary” she said.
She urged judiciary correspondents to prioritise the pursuit of truth and objectivity, resist undue influences, and remain steadfast in their commitment to ethical standards.
She commended the leadership of NAJUC, under the chairmanship of Mr Kayode Lawal, for its efforts in promoting professionalism among judiciary correspondents.
The Senate has issued an arrest warrant for the Managing Director of Julius Berger Nigeria Plc, Dr Peer Lubasch, to appear before its Committee on Works.
The Tide’s source reports that the warrant was for Lubasch to explain the utilisation of funds appropriated for the reconstruction work on Calabar-Odukpani-Itu highway.
The warrant followed the adoption of a motion sponsored by Sen. Osita Ngwu (PDP- Enugu) and co-sponsored by Sen. Asuquo Ekpenyong (APC-Cross River) and Sen. Mpigi Barinada (PDP- Rivers) at plenary in Abuja, yesterday.
Ngwu, in the motion said, that the senate had mandated the committee on works to conduct investigation into the state of road infrastructure across the country.
He said that in furtherance to the investigative hearings, Julius Berger refused to honour invitations to provide details of its role in the Calabar-Odukpani-Itu highway project, in spite of receiving substantial public funds.
He said that this was worrisome, given the alarming discrepancies in performance among contractors on the project, with specific reference to Julius Berger for failing to meet delivery timelines.
Ngwu said it was the constitutional powers of the National Assembly under Sections 8 and 89 of the 1999 Constitution, as amended, to conduct investigations on any person or organisation responsible for administering public funds.
He said that the powers set out in section 6 of the legislative powers and privileges act empowered the Senate to issue warrants of arrest on persons in contempt of its proceedings.
The Tide source reports that the senate further ruled that President of the Senate, Godswill Akpabio, should sign the warrant, mandating the Julius Berger managing director to appear on a date to be communicated.
Akpabio said that the senate’s decision was in line with its constitutional powers under Section 89 of the 1999 Constitution (as amended).
“This senate will not tolerate the continued disregard of its authority.
“The managing director of Julius Berger must appear before the relevant committee, failing which further actions will be taken as prescribed by the constitution.
“The point of order, which was supported by the majority of the senators, highlighted the importance of upholding the integrity of the legislature.
“The senate committee will submit its findings to the National Assembly after the MD’s appearance.
“If there is any further failure to comply, we shall take the necessary steps to ensure respect for the constitution and the rule of law,” Akpabio said.