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.
The PDP Deputy National Publicity Secretary, Ibrahim Abdullahi, and the Deputy National Youth Leader, Timothy Osadolor, wondered why President Bola Tinubu was in a hurry to pass the bills.
For more than two weeks, the bills have sparked widespread controversy with some northern lawmakers strongly opposed to the passage of the bills.
Following approval of the Federal Executive Council in October, President Tinubu transmitted four tax reform bills to the National Assembly for consideration.
The Federal Government says the bills are aimed at overhauling the nation’s tax system.
They include the Nigeria Tax Bill 2024, the Nigeria Tax Administration Bill, the Nigeria Revenue Service (Establishment) Bill, and the Joint Revenue Board (Establishment) Bill.
The proposed legislation seeks to consolidate existing tax laws, establish clearer frameworks for tax administration, and create bodies like the Tax Appeal Tribunal and the Office of the Tax Ombudsman.
In an interview with The Tide source on Monday, Mr Abdullahi said the government needed to recognise the significant implications of the bills, stressing that the collective interest of the citizens should be the priority.
He stated, “My take aligns with the position of the majority of Nigerians. If the elite members of society, particularly the governors, are apprehensive, it calls for an expanded or broader review of the situation.
“The government needs to realise the great implications of this, as the collective interest of the citizenry should be at the forefront. Governors, being in a position to understand these implications, should be involved.”
He added, “However, I do not believe this should be a priority going forward for this country. Nigerians have been struggling since the arrival of this government, with skyrocketing inflation and harsh economic policies.
“The effects have been severe, whether it’s the floating of the naira, the removal of subsidies, or the numerous taxes that the country has had to deal with over the past year. It’s time for a change, as it’s not in the nation’s best interest to rush this process.
“If there are no sinister motives behind it, why the haste? We need more time for Nigerians to review and evaluate the implications of these decisions. If it truly serves our interest, it will be accepted naturally. However, the rush with which the government is pursuing this raises doubts about the sincerity of their intentions.”
Also speaking, Mr Osadolor acknowledged that the concept of tax reform was positive but urged the Federal Government not to rush the process.
He said, “There should have been wider and deeper consultations. You see, democracy is about the participation of everyone, not a Nazi-style approach to issues.
“If there is a large and strong call for more understanding, there is no need for a rush. Even in the past, without these tax reforms, we moved on.
“I don’t see how waiting for a week, two weeks, or even up to six months to explain this cause and gather input from other Nigerians would be a problem. It’s always good to consult and communicate with the people so that unnecessary conflicts can be avoided.
“The idea of the tax reforms is welcome, but there are clauses that I think people are unhappy with, and that I, too, find uncomfortable. So, I believe that if there had been more consultations, more public hearings, and more engagement with the states, many of these conversations and frictions across the country would not be happening now.”
At plenary, presided over by the Speaker, Isma’il Falgore, the lawmakers kicked against the bills after extensive deliberation.
The Majority Leader, Lawan Husseini (ANPP-Dala) introduced a motion of ‘urgent public importance,’ emphasising the need for northern lawmakers and the Conference of Speakers to prevent the passage of the bills.
Mr Husseini argued that if passed into law, the bills would not benefit the northern states.
He condemned the Senate’s decision to approve the bills, saying, “We view it as a deliberate effort to sabotage the economy, increase hardship and further impoverishing the region.”
Mr Husseini expressed concern over the proposed VAT allocation system, noting that states like Lagos, where major corporations such as Nigerian banks, telecommunications companies, and multinational companies were headquartered, would receive the largest share of the VAT.
“Lagos and its environs would account for 80 percent of the VAT collected in Nigeria, leaving northern states with a minimal share,” he said.
He warned that if allowed to scale through, the bill would further weaken northern states, potentially rendering some unable to pay salaries and worsening poverty and hardship.
Supporting the motion, Salisu Mohammed (APC-Doguwa) urged the upper legislative house to focus on more pressing national issues, such as attention insecurity and unemployment, instead of rushing the tax reform bills through the legislative process.
Similarly, Murtala Kadage (ANPP-Garko) called for unity among lawmakers to prevent the bills from passing, for the benefit of the region.
The House called on northern members of the Senate and House of Representatives, along with the Conference of Speakers, to take swift and decisive action to block the passage of the bills.
Mr Abbas said this at the opening of a public hearing by the House committee on commerce in Abuja on Monday.
The hearing was on bills to establish Chartered Institute of Business Educators of Nigeria (CIBEN) and Institute of Leadership, Entrepreneurship and Corporate Governance, respectively.
According to Mr Abbas, leadership is central to the success of any society, adding: “When we discuss Nigeria’s challenges, the issue of leadership frequently emerges as a central theme.
“In a country with our population size and a significant number of unemployed graduates, we must prioritise equipping our young people with the skills and opportunities to be gainfully engaged.
“Leadership, entrepreneurship and corporate governance are critical areas where such interventions can yield significant results for Nigeria’s peace, prosperity and stability.
“Furthermore, we are a nation of entrepreneurs, with businesses thriving in every corner. Yet, many of these businesses encounter barriers when attempting to scale, improve productivity and expand service delivery.
“The proposed Chartered Institute of Business Educators of Nigeria (CIBEN) is envisioned as an institution that will advance the study, training and practice of business education in Nigeria,” he said.
The Speaker stated that the establishment would ensure that educators have the tools and knowledge to build a generation of globally-competitive entrepreneurs and businesses.
He said that while these bills had immense potential, it was vital that they undergo scrutiny, hence the critical nature of the hearing.
Mr Abbas said that the platform would allow interrogation of the proposed bills, resolve potential areas of contention, eliminate duplications of responsibilities and craft laws that would be clear, impactful and implementable.
Earlier, chairman of the committee, Rep. Ahmed Munir (APC-Kaduna) said that the bills were in line with the legislative agenda of the 10th House of Representatives which sought to change the narrative in the lives of the citizens.
“Every democratic dispensation is guided by laws/acts which help in the smooth running of the government, thereby setting the rules to follow to ensure that citizens benefit maximally from all that the government has in store for them,” he said.
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