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N165B Fraud: Gbajabiamila launches probe against Aregbesola over prison fund

by Leading Reporters February 17, 2022
written by Leading Reporters

The House of Representatives has commenced a probe of the Minister of Interior, Rauf Aregbesola.

The Speaker, Femi Gbajabiamila, made this known on Wednesday.

Gbajabiamila is a staunch loyalist of Bola Ahmed Tinubu, a National Leader of the All Progressives Congress, APC, who has declared his intention to run for presidency in 2023.

This development is coming few days after Aregbesola publicly blasted Tinubu for turning himself into a god.

Gbajabiamila presided over the plenary on Wednesday, where members resolved that the interior minister and prisons chief, Haliru Nababa be probed.

They are being accused of misappropriating about N165billion funds earmarked for prisons development across the country.

The House resolution came as a result of a motion of urgent public importance moved by Ndudi Elumelu, who is the Minority Leader of the House.

“The House is disturbed that despite this Act and increase in budgetary allocations to the Nigerian Correctional Service to drive its renewed mandate, the tempo and quality of the service have remained the same if not retrogressing,” Elumelu said.

“The House is worried that the working conditions of staff and inmates’ welfare have deteriorated notwithstanding, the over N165 billion budget allocations to the service in the last two years.”

With this, the lawmakers resolved to have its committee on Reformatory Institutions investigate the allegations and report to the House within 12 weeks, for further legislative action.

February 17, 2022 0 comments
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FBI fraud allegation, NDLEA drug-dealing claim — will DCP Kyari be tried in Nigeria or US?

by Leading Reporters February 16, 2022
written by Leading Reporters

The allegations against Abba Kyari, the suspended deputy commissioner of police, took a startling dimension on Monday when the National Drug Law Enforcement Agency (NDLEA) declared him wanted for alleged drug-dealing.

Femi Babalola, spokesperson of the NDLEA, in a press briefing, said the anti-drug agency strongly believes that “DCP Kyari is a member of a drug cartel that operates the Brazil-Ethiopia-Nigeria illicit drug pipeline”.

The NDLEA’s revelation comes months after the Federal Bureau of Investigation (FBI) indicted Kyari of conspiring with Hushpuppi, self-confessed international fraudster, in a $1.1 million scam targeting Qatari business people.

The FBI secured a court order for Kyari’s extradition and arrest over his alleged involvement in the Hushpuppi fraud.

The suspended police officer denied the allegation, claiming that his “hands are clean”.

Amid the allegation, Usman Baba, the inspector-general of police, set up a panel to probe the allegations against Kyari. A few weeks later the panel submitted its report.

Recently, the Police Service Commission (PSC) directed that a different panel be constituted to further investigate Kyari’s case.

Kyari has been under investigation since July 2021, and there is the speculation that the federal government is foot-dragging on the matter so as to scuttle the extradition.

Some Nigerians have alleged that the NDLEA’s allegation against Kyari is a ploy by the federal government to truncate his extradition.

Here, TheCable puts into perspective what the law says about extradition in the light of the litany of allegations against Kyari — home and abroad.

WHAT IS EXTRADITION AND HOW DOES IT WORKS WITH NIGERIA?

Extradition is a formal action in which a particular jurisdiction upon request hands over an accused or convicted person to another jurisdiction where an alleged offence was committed.

Hushpuppi, for instance, was arrested in Dubai, but handed over to the US for prosecution.

Nigeria has several laws and treaties guiding the extradition of its citizens to other countries. Treaties on extradition have been signed by Nigeria and some countries to facilitate the extradition of accused persons.

For instance, the Extradition Treaty 1935 was signed by Nigeria, the US and the UK. The provisions in the treaty are binding on the three countries.

First, for an extradition process to commence in Nigeria, there must be a diplomatic request from the representative of that country to the attorney-general of the federation. The request must be accompanied by a duly authenticated warrant of arrest or certificate of conviction issued in that country.

Second, the attorney-general of the federation having considered the facts presented by the requesting country may make an order to a court requesting that the case be determined for extradition.

The attorney-general also has the powers to reject the extradition request if the alleged offence has political colouration or the alleged offender is being targeted on the basis of race, religion or nationality.

Section 6 of the Extradition Act states: “(a) A request for the surrender of a fugitive criminal of any country shall be made in writing to the attorney-general by a diplomatic representative or consular officer of that country and shall be accompanied by a duly authenticated warrant of arrest or certificate of conviction issued in that country.

”(b) Where such a request is made to him, the attorney-general may by an order under his hand signify to a magistrate that such a request has been made and require the magistrate to deal with the case in accordance with the provisions of this Act, but shall not make such an order if he decides on the basis of information then available to him that the surrender of the fugitive is precluded by any of the provisions of subsection (1) to (7) of section 3 of this Act.”

DID DCP KYARI BREACH ANY EXTRADITABLE OFFENCE?

There have been arguments on whether the allegations levelled by the FBI against the suspended IRT boss constitute an extraditable offence.

Article 3 of the Extradition Treaty 1935, which was signed by Nigeria, the US and the UK, highlighted offences that are worthy of extradition.

A review of article 3 of the treaty shows that the allegations levelled against Kyari by the FBI fall under number 17 and 18 of the highlighted offences in article 3.

Article 3 states that: “Extradition shall be reciprocally granted for the following crimes or offences:

“17. Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company, or fraudulent conversion.

“18. Obtaining money, valuable security, or goods, by false pretences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained.”

Speaking in an interview, Abubakar Malami, attorney-general of the federation, On February 6, said the federal government is working with the US on the “possible extradition” of Kyari.

Malami added that the police panel has established “reasonable grounds for suspicion” which could lead to Kyari’s extradition.

KYARI’S ALLEGED DRUG-DEALING OFFENCE IN NIGERIA VIS-A-VIS EXTRADITION 

The Extradition Act states conditions in which an accused person cannot be extradited to the requesting country.

One of such conditions as stipulated in section 3 (f) of the law is that the accused person shall not be surrendered if he or she is charged with an offence under a Nigerian law until the expiration of the sentence or prosecution, particularly when the offence is different from the one allegedly committed in the requesting country.

Section 3 (f) states: “A fugitive criminal- (a) who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence for which his surrender is sought; or

“(b) who is serving a sentence imposed in respect of any such offence by a court in Nigeria, shall not be surrendered until such a time as he has been discharged whether by acquittal or on the expiration of his sentence, or otherwise.”

There is a possibility that the suspended IRT boss could be charged and arraigned in court by the NDLEA for offences bordering on drug trafficking.

If Kyari is arraigned by the NDLEA for drug-related offences, which is a breach of Nigerian law, the provisions of section 3(f) of the Extradition Act could serve as an impediment to his extradition to the US.

LAWYERS SPEAK

Speaking on the development, Festus Ogun, human rights lawyer, told TheCable that if the NDLEA files charges against Kyari the action will “succeed in hindering and frustrating” his extradition process to the US.

“The simple interpretation of the above provision of the law (referring to section 3 of the Extradition Act) in respect to this case is that any extradition application made against Abba Kyari shall be rejected if the NDLEA decides to charge him with an offence, under Nigerian law, other than the offence for which his surrender is sought in the US, that is the crime he allegedly committed in connection with Hushpuppi,” Ogun said. 

“While it is desirable that the NDLEA gets to the root of this drug cartel matter involving Abba Kyari by ensuring that those found wanting after thorough investigation are charged before a competent court of record, such an action will only succeed in hindering and frustrating his (Kyari’s) extradition.”

Ogun added that Malami has the power as the attorney-general to ensure “substantial justice” in the prosecution of Kyari by the NDLEA and extradition to the US. 

Another human rights lawyer, Inibehe Effiong told TheCable that the “sensible” decision is for the federal government to extradite Kyari to the US for prosecution. 

Effiong added that the suspended IRT boss can still be brought back to Nigeria to face trial after the outcome of his prosecution in the US.

“My opinion remains that let the case in the US take precedence, whatever the outcome of that case, he can always be brought back to Nigeria to face trial for the offence relating to alleged involvement in hard drugs,” the lawyer said.

“This is the sensible thing to do. Otherwise, it will not be unfounded to assume that this may have been orchestrated after all to frustrate his extradition since the narcotic allegation is not related to the case presented by the FBI.” TheCable

February 16, 2022 0 comments
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Nigerian Institutions graduates are lazy, unemployable: Prof Pantami

by Leading Reporters February 16, 2022
written by Leading Reporters

The Minister of Communications and Digital Economy, Dr. Isa Ali Pantami, has alleged that most graduates from Nigeria institutions are unemployable and are too dependent on “government jobs.”

He decried the trend among Nigeria graduates chasing government employment rather than venturing into entrepreneurship which gives them the impetus to employ others, thereby bridging the unemployment gap in the country.

“The main challenge is not unemployment,” Mr Pantami stressed. “I am not discarding unemployment, but the major challenge is unemployability, a situation where I cannot be able to do the technical work that my certificate has stored that I have studied.”

Mr Pantami, currently facing the accusation of fraudulent professorship, further accused the youths of being too lazy to start a job on their own.

“As the situation is today, most of our young people after graduating from school are not in any way thinking of entrepreneurship. They are only interested in looking for government employment,” Mr Pantami said of Nigerian youths. “There are many job opportunities in engineering, ICT, oil and gas but most of our youths with (a) certificate if you employ them, you will discover that they will not be able to do the work you have employed them to do.”

The minister stated this at the prize presentation ceremony for the Katsina National Talent Hunt Challenge in Katsina on Tuesday.

“So on (a) daily basis, foreigners are coming to Nigeria to come and do the job for us,” Mr Pantami added. “Most of our technical people are engaged in administrative work, while we rely on other people to come and do the technical job.”

Mr Pantami himself is being accused of academic fraud. The Academic Staff Union of Universities deemed the minister’s appointment by the Federal University of Technology Owerri as a professor as illegal.

“You cannot be a minister and a lecturer in a university. It is an encouragement of illegality,” Mr Osodeke said. “Pantami has to quit as a minister and be tried for doing double jobs within the same federal system. He is not qualified. Pantami should not be treated as a professor.”

In documents seen on the media, Mr Pantami said he accepted the professorship on the instruction of President Muhammadu Buhari.

“This decision is sequel to my briefing to the President of the Federal Republic of Nigeria on Friday, March 26, 2021, and his permission for me to go ahead and share my knowledge and experience in the academia, which is a form of community service to our citizens,” Mr Pantami had defended himself.

Mr Pantami had accepted the position at the Imo-based institution before it had been formally offered to him, based on the reported documents. 

The Islamic cleric accepted the position in March. However, the appointment letter offering the professorship post to Mr Pantami has August 20 as its date.

February 16, 2022 0 comments
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Despite corruption charges, Buhari confirms Bello-Koko as MD of NPA

by Leading Reporters February 16, 2022
written by Leading Reporters

The President, Major General Muhammadu Buhari (retd.), has approved the appointment of Mohammed Bello Koko as the substantive managing director for the Nigerian Ports Authority.

This was contained in a press statement signed by the Director, Press and Public Relations, Federal Ministry of Transportation on Tuesday.

“Prior to this appointment, Koko was the executive director, finance & administration of NPA,” the statement reads.

Bello-Koko was on May 6, 2021, made the acting managing director of NPA when Hadiza Bala Usman was directed to handover to the most senior Executive Director after she was suspended for insubordination.

Prior to the appointment as acting MD, Bello-Koko was the Executive Director, Finance & Administration of the Authority.

Recall that Managing Director of Nigerian Ports Authority, Mohammed Bello-Koko, is involved in offshore shenanigans, hiding behind two shell companies incorporated in a tax and secrecy haven to anonymously invest in the United Kingdom property market, potentially violating Nigeria’s public service code of conduct laws, the ongoing Pandora Papers reporting has revealed.

Mr Bello-Koko is possibly hoping to be confirmed the substantive NPA chief by President Muhammadu Buhari. The current substantive head of the agency, Hadiza Bala-Usman, remains on suspension following her disagreement with the transportation minister, Rotimi Amaechi. It is unclear if she would be recalled with a probe of her tenure seemingly unending.

Mr Bello-Koko, with his wife, Agatha Anne Koko, enlisted the services of financial secrecy seller, Cook Worldwide and Alemán, Cordero, Galindo & Lee Alcogal, an offshore law firm, to register Coulwood Limited (reg. number: 1487897) and Marney Limited (reg. number: 1487944) in the British Virgin Islands (BVI), one of the world’s most commonly used tax havens, in 2008. Both companies were registered the same day, June 19, 2008.

However, Mr Bello-Koko remains a director of the two companies even as a public servant in violation of Nigeria’s Code of Conduct Bureau and Tribunal Act (Sections 5 and 6). The regulators in the BVI also had his companies under watch for suspected money laundering, a problem Alcogal appeared to have helped him avoid with some misinformation provided to the regulators.

Panama

Alemán, Cordero, Galindo & Lee

Number of leaked files: 2,185,783

Time period: 1970-2019

Read more : Pandora Papers – Secrecy Brokers

The revelations came from Pandora Papers, a trove of 11.9 million leaked confidential records obtained by the International Consortium of Investigative Journalists, ICIJ.  The ICIJ then coordinated a team of 617 journalists from 150 news outlets, including those from PREMIUM TIMES, to dive into the data. The reporters spent two years sifting through the leaked records, tracking down sources, and digging into court files and other public records from dozens of countries. It is the biggest collaboration of investigative journalists – from 117 countries and territories – in history.

The leaked records came from 14 offshore services firms from around the world that set up shell companies and other offshore nooks for clients like Mr Bello-Koko, who seek to shroud their financial activities, often suspicious, in secrecy.

Using the two companies, Coulwood Limited and Marney Limited, tucked away offshore, Mr Bello-Koko then anonymously acquired five London properties, Pandora Papers, and public records from the UK Land Registry showed, based on research by us within the larger Pandora Papers project.

One of the properties was acquired in May 2017, after Mr Bello-Koko had taken office at the NPA. He was appointed executive director for finance and administration in 2016 and later acting MD in 2021.

The other four properties were acquired between 2009 and 2012, making Mr Bello-Koko potentially exploit UK tax loopholes that allowed the owning of UK properties using so-called envelope structure, that is, anonymously owning properties through offshore companies.

For instance, up to 2012, when former UK finance minister, George Osborne, declared new rules, owning property via an offshore company meant that ownership could be transferred by selling the company’s shares rather than the property itself, and in doing so, no UK property sale tax or capital gains tax would be paid.

Mr Bello-Koko is a former banker with responsibility for managing accounts of energy firms at the defunct FSB International Bank and later Zenith Bank, where he managed Rivers States government accounts in Nigeria’s oil-abundant Niger Delta region.

Although shell companies have been a key feature in illicit financial flow and are used to facilitate drug deals and terrorism financing, owning one is not necessarily illegal and can be for legitimate purposes.

In Mr Bello-Koko’s case, having the shell companies at the time he did as a private-sector worker was not, on the face of it, criminal under Nigerian law.

Experts, however, say shell companies are frequently used to conceal assets and avoid or evade taxes. They are also used by players in corruption high-risk sectors such as banking, government contracting, petroleum, and real estate to facilitate the flow of dirty money, sometimes for shadowy political patrons.

PREMIUM TIMES sent Mr Bello-Koko a written request for comment. For weeks, he declined to explain his acquisition of the properties and provide evidence that he declared them in his Code of Conduct fillings, in accordance with the law. He also declined to provide clarity on why he remained director of the offshore company while a public office holder in Nigeria, in violation of the law.

However, if he did not declare the BVI shell companies or any of the properties they hold, that would be a violation of Nigeria’s code of conduct law for public officials, which requires the declaration of “all” assets and liabilities owned by a person, their spouse and unmarried children under 18 “immediately” after taking office.

Mohammed Bello-Koko
Mohammed Bello-Koko

Indeed, even after becoming a public official, Mr Bello-Koko secretly acquired another property, bringing his London property portfolio to five in 2017.

The London properties

Mr Bello-Koko was introduced to Cook Worldwide by Yemi Edun, the British-Nigerian behind Daniel Ford, who has helped several other Nigerians, including politically exposed persons, PEPs, to facilitate the creation of shell companies which are in turn used to secretly invest in the UK property market.

A number of Nigerian-linked shell companies facilitated by Daniel Ford, a London property firm, were also used to own other London properties, PREMIUM TIMES investigation showed.

Google Earth Image showing Liberty Court, 141, Great North Way, London NW4 1PR
Google Earth Image showing Liberty Court, 141, Great North Way, London NW4 1PR

Mr Bello-Koko first used Marney Limited to acquire Flat 2, Liberty Court, 141, Great North Way, London NW4 1PR with an FBN UK mortgage, on October 20, 2009, and, then on July 23, 2012, 62, Manton Road, Enfield, London EN3 6XZ mortgage-free (with cash). Both properties cost 275,000 pounds and 280,000 pounds, respectively, when they were acquired.

Google Earth image of 62, Manton Road, Enfield, London EN3 6XZ
Google Earth image of 62, Manton Road, Enfield, London EN3 6XZ
Google Street View image of 62 Manton Road, Enfield, London EN3 6XZ
Google Street View image of 62 Manton Road, Enfield, London EN3 6XZ

Using the second company, Coulwood Limited, Mr Bello-Koko also bought three other London properties, namely 62 Corner Mead, Hendon, (NW9 5RD) on November 25, 2008; 37 Redlands Road, Enfield (EN3 5HN) on August 16, 2011; and 14, Faraday House, Aurora Gardens, London (SW11 8ED) on May 3, 2017.

He paid 205,000 pounds for the 2011 Enfield property, and 235,000 pounds for the 2008 Hendon property. which he sold, according to records, in May 2017 for 350,000 pounds.

Google Street View Image of 62 Corner Mead, Hendon, (NW9 G5RD)
Google Street View Image of 62 Corner Mead, Hendon, (NW9 G5RD)

For the third, the 2017 Aurora Garden property, he paid 475,000 pounds, being his largest single investment in the UK property market. This was acquired after his NPA appointment.

Analysis of the investments shows that between 2008 and 2012, four years before Mr Bello-Koko joined the NPA, he had spent on four London properties a sum of 995,000 pounds, an equivalent of 293 million Naira at the 2015 exchange rate of 294 Naira to a pound.

The reason Mr Bello-Koko did not acquire the London assets in his own name instead of hiding behind shell companies is unknown. His sources of funds for the investments are also not known. He did not reply to written questions emailed to him weeks ahead of this publication.

Helped by Enablers to Avoid Money Laundering Investigation

Mr Bello-Koko’s Marney Limited and Coulwood Limited were among nine companies apparently placed under watch by the Financial Investigation Agency (FIA), the regulator in the British Virgin Islands. On January 20, 2017, FIA sought information about the affected companies, owned by Nigerians, Panamanians, and Russians from their registered agent, Alcogal, documents showed.

On January 27, 2017, the pieces of information requested by FIA, including identities of the beneficial owners, directors, and shareholders with their passports and permanent residence information, were sent via a letter signed by Alcogal’s money laundering reporting officer, Blondell Challenger.

Of all the nine companies, only Marney and Couldwood have the same persons – Mr Bello-Koko and his wife Agatha – as directors, shareholders, and ultimate beneficial owners, Alcogal told FIA.

Alcogal then told FIA that the nine companies “do not have any bank accounts or assets held in their name.” But this claim is contradicted by our findings – and at least for Mr Bello-Koko’s Marney and Coulwood, Alcogal only misled the FIA. As we found from UK Land Registry, Mr Bello-Koko and his wife own four London properties at the time of the correspondence in January 2017 and the fifth was added in May of that year.

In the correspondence, Alcogal indicated that they had requested “updated due diligence documentation” from the clients and that they would seize to be a registered agent of any of the clients that did not comply.

Mr Bello-Koko apparently complied. In a March 30, 2017, correspondence, Alcogal sent “updated KYC (Know Your Customer) documents” for Coulwood and Marney, attaching Mr Bello-Koko’s Nigerian passport information page and reference letter from the First Bank (UK) Limited.

The First Bank’s letter dated March 27, 2017, and addressed to Alcogal described Mr Bello-Koko and his wife as “valued client of our Bank since 2010” and added that “they have always demonstrated a high degree of integrity and capability.” The bank mentioned the couple’s Port-Harcourt, Nigeria, address.

First Bank and Alcogal failed to provide to BVI authorities information on Mr Bello-Koko’s true identity as a Nigerian public servant and therefore a politically exposed person. They also failed to disclose that his companies Marney and Couldwood own London properties. That way, he was able to stave off a possible investigation of the source of bis money. It was an example of how enablers, including banks and law firms, impede the work of regulators tracking illicit or suspicious financial activities.

Two months after, in May 2017, he bought his fifth anonymous London property.

A document suggests that Alcogal leaked information to Mr Bello-Koko that his companies were under investigation for money laundering and then Alcogal itself came under investigation of the FIA for the leak.

We saw an Alcogal spreadsheet called “Registry of Inquiries – Financial Investigation Agency Control BVI -FIA 2017.” With regards to Mr Bello-Koko’s Marney Limited and Coulwood Limited and six other companies, the sheet recorded the nature of the FIA’s inquiry as “tipping off offence.”

In the offshore industry, tipping off is a criminal offence committed when a person knows or suspects that a money-laundering investigation is being conducted into a client and leaks information to the client or someone close to them.

Despite the document, which was described to it, Alcogal, in an emailed statement to our partner, denied it was ever investigated for a tipping-off offence.

Alcogal said it would not respond in detail “under a duty of confidentiality to its clients.”

Research contributions from Finance Uncovered were used for this report, Leading Reporters and Premium Times.

February 16, 2022 0 comments
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Africa & World

‘Deceitful business’: Texas sues Meta’s Facebook over facial recognition system

by Leading Reporters February 15, 2022
written by Leading Reporters

The state of Texas on Monday sued Facebook’s parent company Meta over privacy protection issues stating that its facial recognition system collected biometric data of citizens without their consent.

The Texas lawsuit alleged that Facebook captured biometric information from photos and videos without the users’ consent as Attorney General Ken Paxton said it was an example of “big tech’s deceitful business practices”.

However, Meta spokesperson said the “claims are without merit” while vowing to “defend itself vigorously”. 

Mark Zuckerberg’s company had declared last year that it would be shutting down its facial recognition system and would delete people’s information. Two years ago it had agreed to pay $650 million in a similar privacy case. It was said to be the largest ever settlement of a privacy lawsuit at the time.

The Illinois lawsuit was filed in 2015 over Facebook’s photo-tagging feature as it used the facial recognition system as attorney Edelson asserted that “biometrics along with geolocation were the two primary battlegrounds”.

In a similar move, the Texas lawsuit said Facebook had captured biometric identifiers of Texans “without consent not hundreds, or thousands, or millions of times but billions of times.”

“Facebook will no longer take advantage of people and their children with the intent to turn a profit at the expense of one’s safety and well-being,” Paxton said.

Facebook has been under fire over various issues. Last year whistleblower Frances Haugen had alleged that adults perceive Facebook content as “boring, misleading, and negative” after she leaked documents highlighting the social network’s effect on teens and users’ well-being. Facebook however dismissed Haugen’s charges.

(With inputs from Agencies)

February 15, 2022 0 comments
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Crisis Rocks Senate as Sacked Clerk Defies Order, Performs Duty at Plenary

by Leading Reporters February 15, 2022
written by Leading Reporters
  • El-Ladan was retired by the National Assembly Service Commission (NASC) last week for alleged forgery of documents and age falsification.

Members of the Senate on Monday watched with shock and disbelief when the Senate President Ahmad Lawan, allowed the sacked Clerk of the red chamber, Ibrahim El-Ladan, to perform his official duties.

El-Ladan and two other permanent secretaries have been accused of forgery and age falsification, a situation that earned them sanctions from the NASC.

The commission had ordered El-Ladan and another officer, Adebayo Anthony Adebanjo, to proceed on retirement with immediate effect, while Michael Okpara should retire in six months.

Isabella Ugochi Iloba was appointed by the NASC as acting Clerk to the Senate to take over from El-Ladan.

The letter obtained by us on Tuesday and dated February 9, 2022, is with reference number NASC/PF/69/184.

It was titled: ‘Retirement from service’ and addressed to the Clerk to Senate, Dauda Ibrahim El-Ladan.

Part of the letter read: “The Commission at its 547th meeting held on Wednesday, 9th February, 2022, has approved your retirement from service with effect from 9th February, 2022.

“The Commission wishes to acknowledge your immense contribution to the growth and development of the National Assembly Service.

“As you proceed on retirement, please hand over your office and other government property in your possession to the Deputy Clerk, Senate (Legislative), Ilobah Isabella Ugochi.

“On behalf of the Commission, I pray that Almighty God will continue to grant you good health and success in your future endeavours.”

The letter was signed on behalf of the Executive Chairman of the NASC, Ahmed Kadi Amshi.

However, El-Ladan carried out his official assignment in the Senate Chambers on Tuesday unhindered.

Attempts to get the reaction of the NASC on the matter failed on Tuesday, as the Director of Information of the agency, Mrs Janet Mambula, did not answer repeated calls made to her phone.

She had not replied the text message sent to her as of the time of filing this report.

February 15, 2022 0 comments
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OpinionHeadlines

Matawalle’s judicial victory: Matters arising

by Leading Reporters February 13, 2022
written by Leading Reporters

By Tonnie Iredia

The Federal High Court, Gusau Division last week, was reported to have affirmed Bello Matawalle as governor of Zamfara state. The verdict of the case which was to oust Matawalle for defecting to another party did not surprise many because the reason for it is not new.

One point that has been consistently canvassed is that the defection of a governor from one party to another is not one of the conditions listed in our constitution for the removal of a governor from office. As a result, anyone who is eager to remove governor Matawalle or any of his colleagues from office has to follow the legal and appropriate provisions of the law. If so, why were very senior and respected lawyers part of the move by the Peoples Democratic Party (PDP) to use the judiciary to sack the Zamfara governor for an offence that is said to be unknown to the law? Were they testing the waters or hoping that some activist judge might be swayed by the need to help society attain good public policy? However, the last may not have been heard of the case because only last Thursday, the Federal High Court Abuja granted a plea by the PDP to join governor Matawalle as a defendant in another suit seeking his removal.

While we are confident that the judiciary would in due course deal with the issues raised, many politicians and perhaps some curious individuals are becoming more concerned about how best to deal with many subjects which are also reportedly not known to the law but from which some people are reaping legal fruits. One such subject is what now looks like the participation of a non-existent entity in the government of Zamfara state.

The story behind it all is not difficult to recall. During the last general elections in the country, the ruling party in the state, the All Progressives Congress (APC) was declared winner of both the governorship and majority of the seats at the House of Assembly by the Independent National Electoral Commission (INEC). The judiciary however over-turned the verdict having found the APC guilty of breaching the rules of the game. In other words, in the eyes of the law, the APC did not participate in the election and was even asked to pay a fine of N10million. From nowhere, some politicians have ‘circumlocuted’ to now conceive an inexplicable idea that some people answering the same name of APC and recognized by the national leadership of the APC now constitute the state government.

Expectedly, people are now asking a series of questions: (a) Can the APC which in the eyes of the law was non-existent in a state produce a governor for such a state? (b) Should the law recognize anyone who purports to be an APC governor in Zamfara state? (c) Should we discountenance those who think Matawalle should not be assisted to sustain such weird claim? (d) Are such persons, not raising a fundamental poser which public policy actors should ponder over quickly and seriously too? While not discussing the rationality of the judicial affirmation of Matawalle as governor especially because this column is not the correct location for that, it seems obvious that the judicial pronouncement has a technical foundation. In which case, the scenario may not be the fault of the judiciary as it is not expected to base its decisions on issues of morality or emotions and pressures of the moment. If so, it is time to begin to consider the other options that can be employed to make our democracy have a proper character.

In fact, like many other defects such as the issue of fake credentials by candidates which we have since been dealing with, it is also critical to identify strategies by which society can stop unstable actors who jump from one political divide to another from spending precious governance time on politicization. While it is likely that the Zamfara case would have been easily handled if it had arisen during the electioneering era especially during election petitions, time cannot legitimize inappropriate behaviour.

If it is allowed to remain, the contradictions it poses for the political system can pollute our democracy. To start with, it overturns the wishes of the people. During the 2019 general elections, the people of Cross River and Ebonyi states voted for the PDP. The defections of Governors Ben Ayade and Dave Umahi respectively from the people’s party of choice to their newly found party of interest, are quite capable of negating the democratic tenet of the sovereignty of the people. The governors neither sponsored themselves nor were they voted to represent themselves. They were supposed to be in office to represent the people.

As i have argued at some other fora in the past, the sovereignty of the people is the prime tenet of democracy. In every society, power belongs to the people because they are the source of political power. Everything in politics is supposedly done on their behalf by their representatives. When it is the other way round as happens in parts of Nigeria, it merely reverses the legitimacy of government which ought to be premised on the consent of the people. It is perhaps for this reason that many scholars have continued to argue that electoral victory is superior to judicial victory.

We need to take a more critical look at the subject and return power to the Nigerian people. While the power of the judiciary to settle election disputes has been helpful, the judiciary should not have the last say in determining the wishes of the people. A re-run election which gives the people the last say might be better. For instance, there is no proof that such a fresh exercise in Zamfara state which would have excluded APC having been disqualified would have been won by PDP that was second in the first exercise.

In Nigeria, party supremacy may be a myth in practice but in law it is real because the Nigerian constitution provides that only persons sponsored by political parties can contest elections in the country. To further confirm this privileged position of Nigeria’s political party system, the judiciary has consistently held that it is political parties that win elections and not their candidates.

As stated earlier, elections that were won by PDP in Cross River and Ebonyi states can at no point in time become APC victories simply because their governors found cause to change ship. It is worse in Zamfara, where APC was not one of the contesting parties in both the governorship elections and in the entire general elections of 2019. We cannot continue to criticise our parties as having no distinct manifestos and at the same time pretend not to know that politicians who can switch parties at will cannot in truth stand for anything distinct or original.

I consider it simplistic to argue that the defection of a governor is in line with the principle of freedom of movement. My position is that there is time for everything. A decent governor can resign at any time to join another party which he suddenly finds more appealing but it certainly amounts to usurpation for such a governor to hold-on to the mandate of another party while moving to a new party. Such a governor betrays the people who voted for him because he was known as the candidate of their preferred political party.

He also betrays many others such as those who stood as his nominees as part of the requirement for eligibility to contest elections in Nigeria. What the unending issues of materialistic defections suggest is that the constitutional provision which bars individuals from contesting elections as independent candidates has since become superfluous. Too many of such contradictions in our system ought to be expunged. They are the real issues which our law makers should put in the front burner of our so-called constitution amendment instead of issues of personal and party interest.

February 13, 2022 0 comments
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FCT Elections: PDP Beats APC, Wins Abuja Municipal Council Area

by Leading Reporters February 13, 2022
written by Leading Reporters

The candidate of the Peoples Democratic Party (PDP), Christopher Zaka, on Sunday emerged as the winner of the chairmanship election for Abuja Municipal Area Council (AMAC) after getting 19,302 votes. 

He was declared the winner of the chairmanship post for the council election after beating the candidate of All Progressives Congress (APC), Murtala Usman –  who polled 13,240 votes –  and 12 other candidates.

Total votes cast for the AMAC elections were 33,764.

Similarly, the PDP candidate in the Kuje Area Council chairmanship election in the Federal Capital Territory, Suleman Sabo, swept to victory in the poll.

The Independent National Electoral Commission, through Returning Officer, Sule Mahaji, announced the result on Sunday morning.

He said Sabo polled a total of 13,301 votes while his closest rival, Sarki Hamidu, of the All Progressives Congress, polled 7,694 votes.

With a total margin of 5,607 votes to defeat his closest rival, Sabo will now serve a second term in office as chairman of Kuje Council Area.

February 13, 2022 0 comments
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Abuja polls: PDP declared winner of Kuje, leads in AMAC

by Leading Reporters February 13, 2022
written by Leading Reporters

The candidate of the Peoples Democratic Party (PDP), Suleman Sabo has been declared the winner of the Kuje Area Council Chairman election at the Saturday’s Federal Capital Territory (FCT) Area Council polls.

Sabo, the incumbent chairman of the council polled a total of 13, 301 votes to defeat his closest rival, Sarki Hamidu of the All Progressive Congress (APC), who scored 7,694 votes to emerge second.

Sule Magaji,  the Independent National Electoral Commission (INEC) Returning Officer for the Kuje Area Council Chairmanship election, announced the final results of the polls on Sunday morning.

Similarly, the PDP is winning the Chairmanship election for the Abuja Municipal Area Council (AMAC), having floored APC in 9 out of the 11 wards declared so far while APC followed by winning in 2.

The PDP has fielded Christopher Zakka for AMAC chairmanship and APC sponsored Murtala Karshi as its candidate for the position.

AMAC has a total of 12 Wards and results from 11 have been returned to the INEC Area Office in Karu while the remaining one is being awaited.

February 13, 2022 0 comments
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Vote Buying Characterised FCT Council Polls

by Leading Reporters February 12, 2022
written by Leading Reporters

Another resident of Nyanya, Hajia Usman commended INEC and security agencies for the orderly conduct of the election, saying in the polling unit where she voted, “everything went well and our hope is that our vote should count.”

Executive Director of Centre for Transparency Advocacy (CTA), Faith Nwadishi, who deployed over 150 observers for the FCT elections had at a pre-election news conference warned citizens against involvement in vote buying.

While calling on citizens to turn up en masse on Saturday to cast their votes for candidates of their choice, Nwadishi urged them to shun vote buying and trading as this diminishes their rights to make free choices.

“CTA wishes to remind citizens that vote buying is an offence and attracts jail terms. If there are no sellers, there will be no buyers,” she said.
https://tribuneonlineng.com/vote-buying-characterised-fct-council-polls-as-elections-hold-under-tight-security/

The Federal Capital Territory (FCT) Area Council elections were held on Saturday under watertight security with restriction of movement in and out of the capital city by combined operatives of Nigeria Police Force, Nigeria Security and Civil Defence Corps (NSCDC) and officers of Federal Road Safety Corps (FRSC).

The exercise which went on smoothly in most parts of FCT, was however characterised by vote buying, as the two major political parties tried to induce candidates to vote for their candidates.

observed that there was large turnout of voters in most polling units in Nyanya axis of FCT, with a lot of them expressing satisfaction with the smooth conduct of the exercise.

All expressways into the Federal Capital Territory (FCT) were barricaded by the security operatives in compliance with the order on restriction of movement during the election period.

At the Mararaba/Nyanya boundary checkpoint, the police literally used their patrol vehicles to block the road even though those on essential duties were allowed after hectic time by the security agencies trying to make way for them.

We observed that representatives of some political parties positioned themselves strategically to canvass votes for their candidates for both the chairmanship and councillors.

The reporter was not wearing an accredited tag issued by the Independent National Electoral Commission of Nigeria (INEC), so it was easy for the party touts to approach him and tried to persuade him to vote for candidates of their parties.

At the polling unit in front of Assemblies of God Church, Area C, Nyanya, the reporter was approach by two young men and told him to vote for their party and that after casting vote in the ballot, he was expected to show his finger used for the thumbprint in order to get pay between N1,000 and N2,000.

One of the residents who simply gave his name as Nathaniel said he collected the N2,000 even though this did not influence his vote for candidates of his choice.

“I’m happy with the smooth conduct of the election. It is a good thing that we have another opportunity of voting for people to that will lead us at the third tier of governance and as can see, the turnout here is high.

“On inducement as you said, I was asked to collect N2,000 after voting which I did. You know these people after suffering for them and they win election, you won’t hear from them again. The money did not influence me; I voted for the candidate of my choice,” he said.

Another resident of Nyanya, Hajia Usman commended INEC and security agencies for the orderly conduct of the election, saying in the polling unit where she voted, “everything went well and our hope is that our vote should count.”

Executive Director of Centre for Transparency Advocacy (CTA), Faith Nwadishi, who deployed over 150 observers for the FCT elections had at a pre-election news conference warned citizens against involvement in vote buying.

While calling on citizens to turn up en masse on Saturday to cast their votes for candidates of their choice, Nwadishi urged them to shun vote buying and trading as this diminishes their rights to make free choices.

“CTA wishes to remind citizens that vote buying is an offence and attracts jail terms. If there are no sellers, there will be no buyers,” she said.

February 12, 2022 0 comments
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