Politics
Ondo Guber: Court Dismisses Ajayi’s Forgery Case Against Dep Gov-elect
Candidate of the Peoples Democratic Party (PDP) in the off-cycle governorship election, Mr Agboola Ajayi, had approached the court to challenge the qualification of Olayide Adelami, the deputy governor-elect.
Mr Ajayi, the first runner-up in the governorship election, cited inconsistency in the names Mr Adelami submitted to the Independent National Electoral Commission (INEC) prior to the poll.
The PDP governorship candidate had, through his counsel, M. Ndoka (SAN), challenged the eligibility of Mr Adelami to contest as the deputy governorship candidate on the platform of APC and consequently sought the disqualification of APC from the ballot.
In the originating summons through his counsel, Mr Ajayi said the first defendant (Mr Adelami) is known by multiple conflicting and irreconcilable names, such as Adelami Owolabi Jackson and Olaide Owolabi Adelami.
In his submission, the PDP candidate prayed the court, “That the first defendant, (Adelami) is constitutionally disqualified from contesting the election as Deputy Governorship candidate of APC.”
Also, he sought “A declaration that the APC has no validly nominated governorship and deputy governorship candidate for the 2024 election.”
He further sought an order disqualifying the defendants from participating in the election and restraining INEC from publishing their names or allowing them to participate.
However, the defence counsel, Remi Olatubora (SAN), said Mr Adelami’s West African Examination Council (WAEC) result had the name Adelami Owolabi Jackson in 1974 and that a degree certificate from Ambrose Alli University issued in 1982 has the name Adelami Olaide Owolabi.
He said the grievance of the plaintiffs is not about discrepancies in the name but the order or arrangements of the names.
Mr Olatubora said the plaintiffs have no right to file the suit following section 29(5) of the Electoral Act 2022 because they are not members of the APC and did not participate in the primary that produced Messrs Adelami and Aiyedatiwa as candidates.
“The plaintiffs lack the locus standi to file the suit or seek the reliefs set out in the originating summons. That the suit as a matter of law does not qualify as a pre-election matter, and this court lacks jurisdiction,” he said.
In her judgment, Justice Toyin Adegoke dismissed all the charges preferred against the APC candidates.
Justice Adegoke, in suit No. FHC/AK/CS/99/2024, held that the PDP candidate who challenged the qualification of the APC lacked locus standi to file the case.
She held that the case filed by Mr Ajayi and the PDP is barred by statute, having filed it outside the 14 days required by the Electoral Act.
Justice Adegoke further held that the court lacked jurisdiction to hear the suit, having filed it through originating summons instead of a Writ of Summons.
The judge said the issue involving certificate forgery and perjury is criminal, which required the calling of evidence from the authorities that issued the certificates in question.
The court further held that section 29 of the Electoral Act made provisions for who could challenge the candidate of political parties.
She said the fact that PDP and Ajayi are not aspirants in the APC primary that produced Messrs Aiyedatiwa and Adelami as candidates had rubbed them off any legal right to challenge their qualifications.
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.