Politics
Bayelsa Poll: Tribunal Fixes April 22 For Parties To Adopt Final Briefs
The Bayelsa State Governorship Election Petition Tribunal has fixed April 22 for parties to adopt their final briefs of argument in the petition the All Progressives Congress (APC) and its candidate, Chief Timipre Sylva, filed to nullify the election of Governor Douye Diri.
The Justice Adekunle Adeleye-led three-member tribunal okayed the matter for adoption, after Governor Diri, his deputy, Lawrence Awhrujakpo and the Peoples Democratic Party (PDP), who were cited as respondents in the matter, closed their defence.
Each of the respondents produced a witness that testified before the tribunal, even as they tendered several electoral documents in evidence.
Governor Diri’s witness, Mr. Gesiye Isowo, identified himself as the Secretary of the PDP in Bayelsa State.
Among exhibits he tendered before the tribunal included his party membership card and his Permanent Voters Card.
Governor Diri, through the witness, also tendered in evidence, the official result of the election as well as the final declaration of the result, which were contained in INEC’s forms EC8D and EC8E.
The governor equally tendered INEC’s forms EC8B and EC8C.
While being cross examined by counsel to the petitioners, Mr. Sylvester Elema, SAN, the witness told the tribunal that he registered and voted at Unit 9, Ward 10 in Kolokuma/Okpokuma LGA.
Asked if it was true that the National and State Assembly elections held in the state in February and March 2023, the witness said he was in court only with respect to the governorship election.
“I am not INEC. If you ask about my party’s primary, then I should know,” he added.
The petitioners had contended that voters registers that were tendered in evidence and marked as Exhibit R1- R19 by the tribunal, which was generated on January 25, 2023, were only used for the National Assembly election and not governorship poll.
However, in his evidence, the witness insisted that the registers were used for the governorship poll.
He identified his name as No. 179 in the voters register that was used at his polling unit.
The petitioners opposed the tendering and admissibility of the register which they said was not furnished to them before hand as directed by the tribunal.
On their part, the respondents urged the tribunal to disregard the objection and admit the exhibit as relevant to the case, saying it would help to confirm if the witness actually voted during the election or not.
In his own defence, the deputy governor produced a former Permanent Secretary in the Ministry of Local Government and Chieftaincy Affairs in Bayelsa State, Mr. Gowon Toruyouyei as his witness.
The witness said he retired in January and was subpoenaed to appear before the tribunal.
While being cross examined, the witness confirmed that the deputy governor is a legal practitioner whose Call to Bar certificate was listed in INEC’s form.
Asked if in all his interactions with the 3rd respondent, he could be described as an illiterate, the witness, said: “He could not have been an illiterate. He is very educated.
“I will describe him as someone that has the requisite experience and qualification to be elected into any office in the country.”
On its part, the PDP brought a former Attorney General of Bayelsa State, Rt. Hon. Talford Ongolo, as its witness.
Ongolo told the tribunal that Sylva could not have been validly sponsored for the election by the APC, having already been elected as governor twice.
“I worked as the Director General of his campaign at one time, so all these facts are within my knowledge”, he said.
He told the tribunal that he served as the State Collation Agent of the PDP during the election and also voted at his polling unit at Southern Ijaw. The witness identified his picture on the voters register.
He told the tribunal that those whose names were not ticked on the register, did not vote on the election day.
“It is a standard procedure that once you vote, your name is ticked,” the witness added.
Despite objection by the petitioners, a certified copy of the voters register containing the name of the witness was admitted in evidence by the tribunal.
Earlier, INEC, through its lawyer, Mr. Charles Edosanwan, SAN, told the tribunal that the result of the election it declared in favour of governor Diri was a reflection of the wish of the electorates.
Even though INEC did not call any witness, it however tendered several exhibits to justify the outcome of the poll.
After all the respondents closed their defence, the tribunal adjourned the matter for adoption, preparatory to the delivery of its judgement.
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.