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Why Supreme Court refused to grant Jegede’s request

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SUPREME COURT

The Supreme Court on Wednesday upheld the victory of Oluwarotimi Akeredolu of the All Progressives Congress (APC) in the last governorship election in Ondo State, with a split decision of four-to-three.

Four Justices, out of a seven-member panel, agreed that the petition filed against Akeredolu’s victory was incompetent because chairman of the National Caretaker Committee of the All Progressives Congress (APC), Governor Mai Mala Buni of Yobe State was not made a party.

Justice Emmanuel Agim read the lead majority judgment, which was supported by Justices John Okoro, Lawal Garba and Tijani Abubakar.

The other three, Justices Mary Peter-Odili, Ejembi Eko and Mohammed Saulawa, held otherwise in their dissenting minority judgment.

The judgment was on the appeal marked: SC/448/21; including the cross-appeals marked: SC/501/21; SC/508/21 and SC/509/21.

The candidate of the Peoples Democratic Party (PDP) in the election, Eyitayo Jegede and his party had challenged the competence of Akeredolu’s nomination/sponsorship for the election by the APC, claiming the letter conveying his nomination/sponsorship to the Independent National Electoral Commission (INEC) was incompetent, having been signed by Buni and others.

They contended by the provision of Section 183 of the Constitution and Article 17 (4) of the APC constitution, Buni acted unlawfully by being the Yobe Governor and serving as APC’s Chairman at the same time, and as such the nomination/sponsorship letter of he signed for the APC, notifying INEC of the candidacy of Akeredolu and Lucky Aiydatiwa (as governorship and deputy governorship candidates) was void.

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In his lead majority judgment, Justice Agim held that, since Jegede and the PDP made Buni the centre of their allegation constitutional breaches, he ought to have been made a party in the case to enable him defend himself in line with the doctrine of fair hearing.

Read Also: APC hails Akeredolu’s Supreme Court victory
He proceeded to uphold an earlier judgment of the Court of Appeal, to the effect that the petition filed by Jegede and his party a the election tribunal was incompetent because they failed to include Buni as a party.

Agim said: “The appeal was based on the ground that Mai Mala Buni, the Chairman of the National Caretaker Committee of the party, that is, the second respondent (APC) was holding office as the Governor of Yobe State, contrary to the provision of Section 183 of the Constitution of the Federal Republic of Nigeria (1999).

“All the issues raised revolved around Mala Buni. But, Mala Buni,who is at the centre of the dispute was not made party to the petition. It is obvious that the determination of the said issues will affect him.

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“Therefore, the court below was right to have held that he was a necessary party to this suit. Failure to join him render the determination of the matter impossible. To proceed to do so would have violated the fair trial of the case.

“Therefore, we affirm the lower court that the petitioner was incompetent.”

Justices Okoro, Garba and Tijani agreed with him.

In the lead minority judgment, Justice Peter-Odili upheld the appeal and dismiss the cross-appeals by INEC), aPC Akeredolu and Aiyedatiwa.

Odili was of the view that since the APC, for which Buni acted, was a party in the case, there was no need to include him as a party.

She added that having allowed Buni to act on its behalf in signing the nomination/sponsorship letter of its candidates in Ondo despite the clare provisions of section 183 of the 1999 Constitution and Article 17(4) of the APC constitution, the party should leave by the consequences of its lawlessness.

“I do not agree with the majority judgment,” she said, noting that the APC, by Article 17(4) of its constitution has provided for how its affairs should be manage and what offices its memebrscab occupy at a time.

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“This Article draws strength from Section 183 of the 1999 Constitution. Therefore when the second respondent (APC) put up a person not qualified to author its nomination by virtue of the provision of Article 1z(4) of its constitution and Section183 of the 1999 Constitution to do so. Therefore, that document has no validity, and thereby void,” she said.

She noted the implication was the nomination and candidacy of Akeredolu and his deputy was a nullity.

She held that the person, who ought to be declared winner of the election ” is the first appellant (Jegede), who has the majority of valid votes.”

Peter-Odili held it was unlawful and a violation of Article 17(4) of the APC constitution and Section 183 of the 1999 Constitution for Buni to be serving as the National Chairman of the APC and the Governor of Yobe State at the same time.

Justices Ejembi Eko and Mohammed Saulawa agreed with Justice Peter-Odili in upholding the appeal and dismissing the cross-appeals by INEC, APC, Akeredolu and Aiyedatiwa.

 

 

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Politics

2027: Peter Obi not a threat to Tinubu, says Sunday Dare

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Sunday Dare, special adviser to President Bola Tinubu on media and public communications, has dismissed talks that the presidential candidate of the Nigeria Democratic Congress (NDC), Peter Obi, poses a political threat to the Tinubu administration, insisting that the government remains focused on delivering on its mandate.

Dare,  while speaking during an interview on the Mic On Podcast, said the administration was confident in its achievements and ongoing reforms, arguing that its performance had strengthened its political standing ahead of the 2027 general elections.

According to him, the government has carefully assessed the country’s challenges and is implementing policies aimed at addressing them.

“This government is not afraid of Peter Obi. He is not a nightmare to our government. Maybe before, Peter Obi was a threat, but right now, he is no threat because we stand on the solid ground of performance,” Dare said.

He added, “We have been able to interrogate the problems of this country. Decisions are being taken, policies are being unfolded across the country, and we have a scorecard to show.”

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Dare also criticised Obi’s public comments and media appearances, describing some of his responses to questions as lacking clarity.

“Peter Obi is not a nightmare. Maybe you replace nightmare with nuisance because if you see some of his reactions, they are very pedantic. Sometimes you wonder. You listen to some of his interviews, ask him a question, and he goes in a roundabout direction that does not make sense,” he said.

Commenting on the 2027 presidential election, Dare expressed confidence that Obi would not replicate his performance in Lagos, where the former Labour Party presidential candidate defeated Tinubu during the 2023 presidential election.

“Peter Obi defeated President Tinubu in Lagos in 2023. This is 2027; he can’t defeat Tinubu again in Lagos,” he said.

Dare’s remarks come amid increasing political positioning by major parties and key opposition figures ahead of the 2027 general elections, with both the ruling All Progressives Congress (APC) and opposition leaders intensifying public engagements over their records and electoral prospects.

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Court orders INEC to deregister ADC, four other political parties

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A federal high court in Abuja, the federal capital territory (FCT) has ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

The other political parties are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

The plaintiff had asked the court to determine whether INEC is constitutionally required to deregister political parties that fail to satisfy the performance thresholds stipulated in section 225A of the 1999 Constitution, as amended.

The group argued that the five parties had consistently failed to meet the conditions for retaining their registration, including securing at least 25 percent of votes in a state during a presidential election or winning elective positions at the national, state, or local government levels.

According to the plaintiff, the parties failed to achieve the required electoral performance in the 2023 general election and subsequent by-elections conducted by INEC.

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The former lawmakers contended that allowing the parties to remain registered despite their poor electoral showing was contrary to constitutional provisions and detrimental to the integrity of the electoral process.

They prayed the court to compel INEC to deregister the parties before preparations for the 2027 general election gather momentum.

The plaintiffs also sought orders restraining the affected parties from participating in elections, conducting primaries, organising rallies, or carrying out other political activities pending compliance with constitutional requirements.

In his judgment, Peter Lifu, the presiding judge, upheld the arguments of the plaintiff and ordered INEC to deregister the five political parties.

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‘Learn from LP crisis’ — Abure warns Seriake Dickson to beware of Obi and his supporters

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The factional national chairman of the Labour Party (LP), Julius Abure, has warned Seriake Dickson, national leader of the Nigeria Democratic Congress (NDC), to be cautious in his alliance with Peter Obi and his supporters.

Obi, the presidential candidate of the labour party in the 2023 general election, is the presidential candidate of the NDC. He secured the party’s ticket on May 30 after he was ratified at its national convention held in Abuja.

Speaking in a statement he personally signed, Abure said Dickson appeared to have learnt from the recent crisis in the LP, describing the NDC leader’s alleged refusal to concede all elective positions in the party to Obi’s supporters as commendable.

The LP factional chairman, alleged that Obi and Alex Otti, governor of Abia, and many of their supporters who won elections on the platform of the LP in 2023 have since turned against the party’s leadership.

He stated: “They say, history usually repeats itself. Senator Dickson and Co have seen their trajectory and learnt from what happened to us, that a lot of them after they have won and now in government turned round and were struggling with the leadership of the party,” the statement reads.

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“I want to say that Obi and his followers are ingrates who will never remember the sacrifices you made for them. It is even dangerous for the leadership of the NDC to wholly hand over the elective positions to Obi and his followers.

“We did it in 2022/23, immediately they saw that Obi was interested in the leadership of the party, all those elected under the platform of the party simply followed Obi, forgetting all the sacrifices and suffering we made for them.”

Abure claimed that the crisis in the LP worsened when the Independent National Electoral Commission (INEC) obeyed a court ruling which said the tenure of the party’s leadership had lapsed, giving rise to the Nenadi Usman-led interim national committee.

“They fell into the trap of INEC, when the commission deceived them to say that the tenure of the executive has expired. We had expected them to reject that position,” Abure said.

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He noted in the light of what transpired in the LP, “it is strategically” important for Dickson to retain some control within the NDC by ensuring that his own supporters occupied positions in the party.

“He needed to bring his own people so that when the chips are down, he will also have people that will speak and defend him,” Abure said.

Abure further claimed that Obi’s supporters joined the NDC to dominate the party’s structure as they allegedly did in the LP.

“They trooped into NDC with Obi hoping to occupy every space like they did in the Labour Party. No leader of any political party seeing what Obi did to the Labour Party, along with his followers will make that mistake again,” he said.

He noted that his comments were prompted by questions about how the LP managed Obi and his supporters during the 2022/2023 election cycle.

According to him, the party made significant sacrifices to accommodate Obi’s interests, including granting many tickets to his supporters free of charge.

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“We ensured that Obi’s interests were adequately taken care of. We only looked at his body language, and we obliged most of his supporters’ tickets,” he said.

“Most of the tickets were for free believing that we were investing in those persons in line with the philosophy of the party, expecting that when they win, they will bring along necessary support that will help in the growth of the party.

“But ironically, when they came into power, they went after the leadership of the party.”

Abure also accused Obi and Otti of attempting to take over the party’s leadership following disputes over the tenure of its executives.

“The leaders, particularly, Peter Obi and Alex Otti decided to take over the leadership of the party,” he said.

He added that elected officials who emerged on the party’s platform failed to support it financially, urging the NDC to learn from the LP’s experience.

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