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INEC Frustrating My Appeal -Sen Sekibo …As Senate Threatens To Impeach Osinbajo
Senator representing Rivers East Senatorial District, Senator George Thompson Sekibo, yesterday raised alarm over circumstances surrounding the recent judgement of the Rivers State National Assembly and House of Assemblies Election Petition Tribunal which upturned his victory at the December ,10, 2016 rerun elections as he said he is yet to get copies of the judgment.
Sekibo in a chat with Senate correspondents in Abuja said the chairman of the Tribunal has also not been available since the ruling, adding that his lawyers were also yet to receive the ruling to enable them study it and appeal the judgment.
According to him, every attempt to reach the Chairman and other members of the Tribunal have proved abortive.
Senator Sekibo therefore alleged that there are grand plots to frustrate his right to appeal the judgement and pointed out that as a true citizen of this nation, he should be allowed to have his day in the appeal tribunal.
Recall that the three-man panel sitting at Apo Quarters in the Federal Capital Territory last week declared the candidate of the All Progressives Congress, APC, Andrew Uchendu winner of the election and directed the Independent National Electoral Commission, INEC to withdraw the Certificate of Return issued to Sekibo and issue a fresh certificate of return to Mr Uchendu.
Senator Sekibo had immediately declared his intention to appeal the judgement on the grounds that he had enough evidence to prove the judgement wrong .
Meanwhile, the Senate, on resumption from a 2 – week recess, yesterday resolved to forthwith suspend all confirmation requests of nominees forwarded to it by the Presidency even as the Upper Chamber raise impeachment threat against the Acting President, Professor Yemi Osinbajo.
The Senate’s threat was said to have emanated from allegation of non compliance to the resolutions of the Upper Legislative Chamber by the Executive.
The warning came from the Senate President, Dr. Bukola Saraki, sequel to debate on the floor on a Point of Order raised by Senator Ahmed Sani over a statement issued by the Acting President that the Senate has no power to confirm nominees of the Executive according to the Constitution.
Commenting after the debate, Senator Saraki said, “this is an issue that we have to once and for all address, we can not pass laws and see that the laws are not being obeyed.
“This resolution must be obeyed by the Acting President, otherwise, we will take appropriate actions and resolutions”.
The upper chamber also called on the Acting President to withdraw his statement that the Senate does not have power to confirm certain appointees of the president
Earlier, contributing to the debate, Senator Isah Hamman Misau (APC, Bauchi), accused the Acting President of double standards on the issue of the Senate’s power of confirmation.
According to the lawmaker, “there are a lot of ministers who have high level corruption allegations against them but they have never been harassed, instead, these same ministers go about castigating the National Assembly.”
Senator George Thomson Sekibo making his comments chided the executive over its continued refusal to comply with the resolutions of the Senate.
“If the Acting President says we do not have power to return any nomination, I wonder if he is in touch with the EFCC Act. The EFCC Act states that the President shall nominate and Senate will confirm. If you reject one law, you will reject the constitution.
“There is nothing like executive orders in a democratic constitution. The Constitution did not give room for acting appointment after a nominee has been rejected by the Senate.
“If the Acting President says we do not have the power to confirm and then turns around to send us a nomination, which one do we now take? I think Senate should put a suspension on this nomination until this issue is resolved”, Senator Sekibo added.
Senator Samuel Anyawu, called on his colleagues to disregard any invitation extended to lawmakers by thee Economic and Financial Crimes Commission, in view of the double standard being applied by the executive on issues of the red chamber’s resolution yet to be complied with
“Magu came for a job interview and failed and he was rejected. As we speak, Magu is still parading himself as the chairman of EFCC. The same executive now writes a letter that we should confirm someone who went to resume office without confirmation and he was chased out of office. Now that name has been brought before us.
“The integrity of the Senate is at stake. This Senate cannot be disregarded and insulted; our authority to confirm cannot be eroded.
I am moving a motion that it becomes aborminable to read any other confirmation report in this chamber until they act on our position. Those who have failed should go back, Magu is not the last Nigerian Angel. He can serve this country in another capacity.”
Following the outcome of the debate, the Senate resolved to suspend all issues relating to confirmation from the executive until issues of confirmation as contained in relevant provisions of the constitution are adhered to.
Also, the Senate yesterday declared the ongoing moves by the Independent National Electoral Commission (INEC) to effect the recall of Senator Dino Melaye (APC Kogi West) by his constituents illegal and efforts in futility.
The Senate said the various stages passed so far in the move as facilitated by INEC were not in accordance with constitutional procedures and guidelines and therefore would only amount to waste of time.
Senate’s resolution to this effect followed a point of order raised against the move by Dino Melaye in the Senate chambers.
Melaye presenting his point of order , drew the attention of the Senate to alleged moves by INEC to conclude works on recall petitions written against him by some of his constituents sponsored by the State Governor, Alhaji Yahaya Bello.
His words,“the score of both valid and invalid votes in the election that brought him into the Senate in 2015 was 118,000 but my governors and his appointees in four days claim they got a signature of over 188,000.
“They got INEC data base of registered voters and copied in one writing into a recall register and forged all the signatures. As I speak to you, over 120 dead certificates issued by the National Population Commission and these people relations and families have sworn to affidavit and these certificates have been deposited.
Consequently, the Deputy Senate President, Ike Ekweremadu, who cited Sections 68, 69 and other relevant provisions of the 1999 constitution (as amended), to make his contribution, wondered why INEC is not following the laid down procedure of carrying out such exercise.
“I am wondering why we are dissipating energy on this matter and wasting precious legislative time on a matter we should not. What is happening in Kogi, in respect of Senator Dino Melaye, as far as this Constitution is concerned, is an exercise in futility. They are just wasting precious time because the constitution is clear on what should happen.
“It is possible that the Attorney- General of Kogi State has not advised them properly, if he has done that, I am sure they would have applied their time to more meaningful ventures in Kogi State”, he said.
He specifically declared that in 2010, the National Assembly amended the constitution regarding section 69 which deals with recall process of a federal lawmaker.
According to him, as clearly stated by the section, “the number of those who are seeking for recall of Senator Melaye from the Senate are supposed to line up somewhere in kogi state with him and his lawyers and each person would verify their signature.
Nneka Amaechi-Nnadi, Abuja
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Bill For Compulsory Counselling For Convicted Corrupt Nigerians Scales Second Reading
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.
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Judiciary, Media Key Pillars Of Democracy, Says CJN
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.
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Senate Issues Arrest Warrant Against Julius Berger MD Over Road Project
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.