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Oyetola, APC, INEC urge Appeal Court to uphold Osun election
….Court reserves judgments on four appeals
The Osun State Governor, Adegboyega Oyetola, his party, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) have asked the Court of Appeal in Abuja to uphold the victory of Oyetola and APC in the governorship election held in the state on September 22 and 27, 2018.
Their request is contained in three separate appeals they filed against the majority judgment given by the Osun State Governorship Election Tribunal on March 22, 2019.
The tribunal had, in the majority judgment, given by two of its three members upheld the petition by the People’s Democratic Party (PDP) and its candidate in the election, Senator Ademola Adeleke and voided Oyetola and APC’s victory.
In their appeals, argued on Wednesday, Oyetola, the APC and INEC prayed the five-man panel of the Court of Appeal, led by Justice Jummai Sankey, to set aside the majority decision of the tribunal, uphold their appeals and dismiss the October 16, 2018 petition by Adeleke and the PDP.
They equally urged the court to dismiss the cross-appeal filed by Adeleke, on the grounds that it is unmeritorious.
In the appeal by Oyetola, his lawyer, Wole Olanipekun (SAN) faulted the reasons given by the tribunal in reaching the judgment appealed against, arguing that the decision was not supported by the evidence led by the petitioners.
He urged the court to void the judgment because the judge, Justice Peter Obiorah who wrote and delivered it, did not participate in all the proceedings of the tribunal.
Olanipekun noted that “the judge, who did not sit, came to write the leading judgment and reviewed the evidence of the February 6, 2019 proceedings where he was absent.
“Adjudication is like video watching. It cannot be done by proxy. The judge cannot analyse the evidence of a witness, whose demeanor he did not observe. The judgement should be declared a nullity on this ground alone”
Olanipekun, who said he and some named senior lawyers were at the tribunal on February 6, 2019, faulted the argument by lawyer to Adeleke and the PDP that it was not clear from the record of proceedings, whether or not Justice Obiorah was absent on the particular day.
He argued that the judge’s failure to sigh at the end of the proceedings on February 6, 2019 was enough evidence to justify the appellant’s claim that Justice Obiorah was absent on the day in question.
Olanipekun also faulted the tribunal’s cancellation of results in 17 polling units in the state, and noted that the petitioners did not tender any result of the election before the tribunal.
“If there was no result before the tribunal, the tribunal could not have cancelled what was not before it. Since no single result was submitted and could not have been cancelled,” he said.
He argued that the tribunal went beyond its powers by annulling results in the 17 polling units in order to justify its the judgement it gave in favour of the petitioners.
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Lawyer to the APC, Akin Olujinmi (SAN), while arguing the party’s appeal, contended that the tribunal was wrong to have allowed the petition, which was incurably incompetent.
“The 1st and 2nd respondents sought to be declared winner of the election, held on September 22, 2018, which was declared inconclusive. They also asked the tribunal to void the rerun election held on September 27, 2018, because they believed it was unlawful.
“You cannot say you should be declared a winner on the election that you said was unlawful and void,” he said.
Olujinmi accused the tribunal of exceeding its jurisdiction when it engaged in amending the petitioners’ reliefs to make them grantable.
“No tribunal has the jurisdiction to reframe, amend or formulate reliefs for the petitioners.
“On realising that the reliefs could not be granted, they (members of the tribunal) amended the reliefs and granted it by themselves.
“We are saying the tribunal has no power to amend a petitioner’s reliefs. The much they ought to do, on realising that the reliefs could not be granted, was to have dismissed the petition.”
He further faulted the tribunal for holding that the petitioners proved its case of non-compliance in respect of the polling units where it voided results.
Olujinmi added: “The tribunal was wrong. They cannot use the allegation of non-compliance directed at the election of September 27 against the election of September 22.
“The tribunal relied on certified true copy of Form EC8A, which they said were dumped on the tribunal. This was what they still relied on to nullify results in the polling units in which they said malpractices were proved. The so called non-complaince did not affect the result of the election,” Olujinmi said.
He argued that the tribunal went outside its powers and contravened Section 140(2) of the Electoral Act when it engaged in the deduction of votes from the outcome of the election to arrive at the decision it gave.
Lawyer to INEC, Yusuf Ali (SAN) who argued in similar manner, contended that the tribunal erred in its majority judgment, particularly as regards the issue of non-compliance.
He noted that the tribunal, having found that accreditation was properly done and that all witnesses agreed that the votes scored were not affected by the omissions noted in some result sheets, ought not to have voided any results.
Citing Section 134 (b) of the Electoral Act, Ali argued that non-compliance means not compliance with the provision of the Act, not an act of omission on the part of INEC officials, which are not contrary to the provision of the Act.
Ali also argued that since the tribunal held that the petitioners did not prove over-voting and non-compliance, it ought not to have turned around to void votes in some polling units.
On the question of why INEC did not call it witnesses at the tribunal, Ali said it was unnecessary because the petitioners did not discharge the burden of prove placed on them by the law to warrant INEC to call fresh witnesses.
Ali added: “There is no law that said INEC most call witnesses, since the petitioners could not discharge the responsibility of proving their declarative reliefs, there was no need for INEC to have called its own witnesses.”
Lawyer to Adeleke and the PDP, Onyechi Ikpeazu (SAN) faulted the three appeals and the arguments proffered by Olanipekun, Olujinmi and Ali.
Ikpeazu argued that the tribunal was right in its decision to have declared Adeleke and his party as the winner of the election.
He faulted the argument that Justice Obiorah did not participate in all the proceedings of the tribunal, arguing that there was no sufficient evidence to that effect.
Ikpeazu urged the court to dismiss the three appeals and uphold the judgment of the tribunal.
Kehinde Ogunwumiju (SAN), who argued Adeleke’s cross-appeal, urged the court to allow his client’s appeal and reverse the portion of the judgment, where the tribunal rejected the evidence the petitioners lead in relation to six polling units.
Ogunwumiju argued that the tribunal wrongly excluded some of its evidence, because while it called 23 witnesses to prove it’s allegation of non-compliance in 23 polling units, the tribunal only upheld 17 where it voided elections.
Olanipekun, Olujinmi and Ali argued that the cross appeal was incompetent on several grounds and urged the tribunal to reject it.
At the conclusion of proceedings that lasted over eight hours, the presiding judge, Justice Sankey said judgments would be reserved till a later date.
She told parties that the date of the judgment would be communicated to them by the court’s Registry.
Other members of the court’s five-man panel are: Justices Abubakar Datti Yahaya, Ita George Mbaba, Isaiah Olufemi Akeju and Bitrus Sanga.
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Nigeria’s ‘Fake’ Agency Exposed: Meet Director, 20 State Coordinators, China, US Representatives
The alleged fake National Brands Development and Made in Nigeria Special Project Office had a structure spanning several states and two foreign countries, with an acclaimed national coordinator, zonal directors, state coordinators and representatives in China and the United States,
A check by our correspondent on Saturday found that the office’s website listed Hon. Nwabueze George as its “Executive Director, National Coordinator,” alongside a director of national administration, three zonal directors, 20 state coordinators and representatives for the United States and China.
Recall that the Chairman of the Independent Corrupt Practices and Other Related Offences Commission, Musa Aliyu, disclosed on Friday that President Bola Tinubu had ordered the immediate arrest of George Nwabueze, identified by the commission as “the promoter” of the alleged fake office.
Tinubu also ordered the immediate suspension of three permanent secretaries — M.S. Danjuma, Nadungu Gagare and Richard P. Pheelangwah — following the discovery of the office, which the ICPC said it had been allocated space within the premises of the Office of the Secretary to the Government of the Federation without presidential authorisation.
The ICPC said the promoter was also found to have operated under several variations of his name, including George Nathan Nwabueze, George Nwabueze, George Buchi Nwabueze, Prince George Buchi Nwabueze and George Nwabueze.
Nwabueze and Zonal directors
The website listed Nwabueze as the “Executive Director, National Coordinator.”
It also listed Dr Bassey B. Unaowo as “Special Assistant to the Permanent Secretary on Political and Economic Affairs, OSGF”; Dr Hajara Njidda Amoni as Director, National Administration; Mr Oladunjoye Musiliua as Zonal Director, South-West; Hafsat Sahabi Dange as Zonal Director, North; and Mrs Ugochi Akudo Nwosu as Zonal Director, South-East.
Made in Nigeria Zonal Directors
Made in Nigeria Zonal Directors. Credit: website
The website also claimed that the project operated under the OSGF. Its framework page described the project as being overseen by the Permanent Secretary, Political and Economic Affairs, in the OSGF.
However, this claimed government connection is significant in light of the ICPC’s finding that the office was operating without presidential authorisation.
20 state coordinators
The website listed the following as state coordinators:
Katsina: Dr Babangida Kabir Ruma
Kaduna: Hon. Abdulhaleem Ishaq Ringim
Delta: Hon. Dr Godwin Adolor
Kebbi: Hussaini Abdullahi, Esq., FSI
Osun: Hon. Olugbemi Adetola Adelowokan
Anambra: Hon. Chiamaka Nnake
Nasarawa: Hon. Osolafia Muhammed, PhD
Plateau: Mrs Salome Audu Bidda
Benue: Hon. Orduen Andrew Ikon
Ondo: Amb. Orioye G. Benedict
Ogun: Hon. Engr. Kehinde Akintonide, FNSE
Sokoto: Hon. Ibrahim Umar Aliyu
Abia: Hon. Mrs Nwosu Chinyere R.
Zamfara: Hon. Ibrahim Bello Marafa
Niger: Haj. Zainab Mohammed
Kano: Hon. Abubakar Ahmad Bichi (Khalifa)
Taraba: Hon. Justin Aondoaseer Tyopuusu
Oyo: Alhaji Bello Kolawole Ghaffar, FCA
Bauchi: Hon. Farouq Siyi
Kogi: Hon. Olorukooba Bidemi
Made in Nigeria state coordinators. Credit: website
Newsthumb check also found indications that some of those listed had previously held public positions or had links to established political, governmental or community structures in their respective states.
Another fake agency! FG suspends three perm secs, orders arrest
Made in Nigeria state coordinators. Credit: website
Made in Nigeria state coordinators. Credit: website
In Taraba, Tyopuusu has been identified in recent reports as a Special Assistant to Governor Agbu Kefas on Digital Economy, while serving as the state coordinator of the Made in Nigeria Special Project.
Made in Nigeria state coordinators. Credit: website
Their inclusion on the website does not, by itself, establish that they were aware that the organisation had allegedly lacked government authorisation.
Efforts made so far to reach the management of the acclaimed agency is abortive as of the time of filing the report as all three phone numbers on its website are switched off. Message sent to the acclaimed national cordinator by our correspondent has not been replied.
Reps in US, China
The website also listed Hon. Emmanuel Enemali Achema as “Country Rep./Coordinator, U.S.A.” and Hon. Ameh Enedugbojo Glory as “Country Rep./Coordinator, China.”
Made in Nigeria country reps. Credit: website
The claimed international structure was presented alongside the state and zonal network as part of the organisation’s purported nationwide and international operations.
The office’s website described its activities as including trade exhibitions, economic forums, promotion of Nigerian products and support for small and medium-sized enterprises, claim ICPC disputed.
The development is the latest in an investigation into purported fictitious government bodies.
The ICPC had previously identified the Presidential Foreign Intervention Promotion Council and two other alleged fictitious bodies, the FCT Investment Promotion Agency and the Foreign Investment Promotion Agency and Public-Private Partnership.
President Bola Ahmed Tinubu and Vice President Kashim Shettima will serve as chairman and vice chairman of the APC Presidential Campaign Council, according to the list released Saturday morning.
Party Chairman Professor Nentawe Yilwatda will also serve as vice chairman, while former Zamfara State governor Senator Abdulaziz Yari will serve as the director-general of the campaign.
Governor Hope Uzodimma will serve as secretary of the campaign council. APC National Secretary, Senator Ajibola Bashiru and Hadiza Bala-Usman will serve as deputy and assistant secretaries.
The chairman of the campaign Council, President Tinubu, will work with a body of advisers comprising Chief Bisi Akande, Chief Segun Osoba, Senator Rochas Okorocha, Senator Abdullahi Adamu, and Senator Florence Ita Giwa.
Senate President Godswill Akpabio, Speaker Tajudeen Abass, and Governor Mai Mala Buni of Yobe State have been assigned as deputy director-generals for the campaign in the south and the north. They will work with Senator Bamidele Opeyemi and Senator Jibril Barau in the two zones.
Senator Adams Oshiomhole will serve as deputy director-general in charge of mobilisation, while the President’s Chief of Staff will serve as deputy director-general for administration.
James Abiodun Faleke, who played a pivotal role in the 2022/2023 campaign, has returned as deputy director-general for election planning, coordination and monitoring.
Faleke will work with zonal directors, with Senator Olushola Adeyeye in the South West, Dr Ngozi Olejeme in the South South, Senator Uche Ekwunife in the South East, Muntaqha Rabe in the North West, Ahmed Muhammed Ketso in the North Central, and Senator Sani Danladi in the North East.
Ms Stella Okotete, Engineer Abdullahi Garba Ramat and Audu Maikori will serve as secretaries of the election planning directorate.
Muiz Adeyemi Banire will lead the legal directorate as director, with Dr Liman Hassan and Babatunde Ogala as deputies. Other members are Prince Lateef Fagbemi, former governor Ibrahim Shema, Worgu Boms and Dr Kingsley Tochukwu Udeh.
The Minister of Information and National Orientation, Mohammed Idris Malagi, will serve as the coordinating director for media and Strategic Communication, along with Dele Alake, Bayo Onanuga, and Lanre Issa-Onilu. The media directorate also includes Tunde Rahman, Sunday Dare, Daniel Bwala, and Felix Morka, who have been assigned as coordinating deputy directors.
Abdulaziz AbdulAziz will work with three others, Temitope Ajayi, Arabinrin Aderonke, and Frederick Nwabufor, as coordinating secretaries of the media directorate. Segun Dada will serve as Director, New Media, the same role he performed in 2022. Solomon Arowolo will serve as Secretary, New Media.
The campaign has also appointed five spokespersons, led by Dele Alake. Other spokespersons are Alwan Hassan, Ayobami Oyalowo, Kemi Asekun-Shittu and Adamu Fanda.
President Tinubu has charged all council members to work tirelessly to deliver victory for the party in the January 2027 elections. He has also encouraged the leaders of the various directorates to reach out to other party members who may not have been formally listed to join their crucial efforts.
“We have delivered on our campaign promises and set our country on a path of economic progress. We are definitely out of the dark tunnel and are now at the cusp of reaping the benefits of a prosperous economy that will benefit all Nigerians. As we march into the campaign season, we have many achievements to trumpet—let us confidently showcase our record and inspire hope in every corner of our nation. Let us soundly defeat all those forces who plan to take our country backwards.”
President Bola Tinubu has ordered the immediate arrest of one George Buchi Nwabueze and the suspension of three permanent secretaries over the discovery of another fake agency operating within the Office of the Secretary to the Government of the Federation.
They include M.S. Danjuma, Nadungu Gagare, and Richard P. Pheelangwah.
Chairman of the Independent Corrupt Practices and Other Related Offences Commission, Dr Musa Aliyu, SAN disclosed this to State House correspondents on Friday after briefing the President for the second time in two days, following an earlier meeting on Thursday.
Aliyu said the newly uncovered fake office, operating under the name “National Brands Development and Made-in-Nigeria Special Project Office,” had been illegally allocated office space within the premises of the OSGF, contrary to extant laws and without presidential authorisation.
He said, “Upon further briefing by ICPC to Mr President on the ongoing investigations into the fake Presidential Foreign Intervention Promotion Council and procedural weaknesses in the public service, the Independent Corrupt Practices and Other Related Offences Commission has uncovered another fake agency and office operating under the name National Brands Development and Made-in-Nigeria Special Project Office, which has been illegally allocated office space within the premises of the Office of the Secretary to the Government of the Federation,” Aliyu said.
He said the discovery emerged in the course of the commission’s broader investigation, as earlier directed by President Tinubu, and identified the promoter of the fake office as one Prince George Buchi Nwabueze, who was found to be operating under multiple aliases.
“The fake agency office, National Brands Development and Made in Nigeria Special Project Office, was promoted by one George Buchi Nwabueze, with active suspected collaborators in the Office of the Secretary to the Government of the Federation, contrary to extant laws and without authorisation of the President of the Federal Republic of Nigeria.
“The promoter was discovered to also operate under four other variations of his name: George Nathan, George Nathan Nwabueze, Honourable George Buchi Nwabueze, Prince George Buchi Nwabueze and George Nwabueze,” Aliyu said.
He revealed that the ICPC had engaged the Office of the Secretary to the Government of the Federation to ascertain vital information relating to the fake office under investigation, and had comprehensively briefed the President on the new developments.
“I have briefed Mr President comprehensively on these new developments. ICPC will continue with its investigations accordingly,” he said.
Aliyu said following the discovery, “Mr President has directed as follows: the immediate arrest of Prince George Buchi Nwabueze; the immediate suspension of the following permanent secretaries; M.S. Danjuma, Nadungu Gagare, and Richard P. Pheelangwah,” he said.
Friday’s development is the latest in a scandal that began with the exposure of the fictitious Presidential Foreign Intervention Promotion Council, whose self-styled Director-General, Adeniyi Adeyemi Matthew, is currently facing prosecution on charges of forgery and impersonation.
The ICPC’s interim report, submitted to the President on August 6 after a 30-day investigation, had earlier disclosed the existence of two other fictitious bodies, the FCT Investment Promotion Agency and the Foreign Investment Promotion Agency and Public-Private Partnership.
The National Brands Development and Made-in-Nigeria Special Project Office is the fourth fake agency uncovered after the PFIFC scandal since early April.
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