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Electoral Act: Buhari, National Assembly to agree on disputed clause soon – Presidency

Published

2 years ago

February 28, 2022

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President Muhammadu Buhari and the National Assembly will reach an agreement on the amendment of Section 84 (12) in the recently signed electoral act which bars appointed political officeholders from participating in their parties’ primaries, the Presidency hinted on Monday.

The section requires political appointees, including ministers, commissioners, special advisers, and others, to first resign from their position before being eligible to contest in their parties’ primaries for elective offices.

The Presidency’s position was made known in a statement signed on Monday by the Senior Special Assistant to the President on Media and Publicity, Garba Shehu, titled, ‘Assent into law of the electoral act 2022: Landmark moment for the nation’.

The Presidency said, “In the coming days or weeks, the parliament and the executive should reach common ground on the issue raised by the President at the point of signing the law, which is the requirement for appointed political office holders to first resign before being eligible to vote or stand for election in the primaries for elective offices.

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“These are crucial changes to the law which will benefit voters, not parties, empower citizens, not politicians, and strengthen our democracy as part of President Buhari’s legacy to our nation.”

Furthermore, the Presidency noted that Buhari’s assent to the bill after the back and forth on some controversial provisions underscore the perfect workings of a parliament and executive both driven by energy to deliver change to Nigerians.

“This of course runs parallel to that which we witnessed in the past when self-interest overrode the nation and the fashioning of electoral acts,” the statement added.

Listing benefits of the bill, the Presidency said, “More than anything else, this law underscores the government’s commitment to ensuring free and fair elections, dignity of the citizens, opportunity, and justice to all political participants whether they are voters or candidates.

“This law furthers social empowerment and inclusion by limiting the influence of money on elections and raw power of incumbents to use to the disadvantage of opponents outside the political tent.

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“It equally limits the thuggish practice of kingpins who scare voters and officials away, snatch ballot boxes to fill desired outcomes against the popular wish.”

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Court knocks FG for lack of diligent prosecution in Tukur Mamu’s terrorism financing case

Published

2 hours ago

April 29, 2024

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A federal high court in Abuja has reprimanded the federal government for lack of diligent prosecution in the charge filed against Tukur Mamu, publisher of Desert Herald newspaper.

At the court session on Monday, David Kaswe, prosecution counsel, was not in court despite having entered his name on the cause list, indicating his presence.

Abdul Mohammed, Mamu’s counsel, urged the court to stand down the matter to await Kaswe’s return.

However, the prosecution lawyer was still not in court when the case was called again after the judge had delivered a judgment.

Inyang Ekwo, the presiding judge, expressed surprise over “the miraculous disappearance” of the federal government’s lawyer in court.

“I am also aware that the prosecution was in court this morning, but as to the miracle of the disappearance of the prosecution as at the time this matter comes up for hearing is beyond my understanding,” Ekwo said.

“This antic of the prosecution is only being tolerated in today’s proceeding.

“If the prosecution demonstrates that they are not ready to prosecute this matter either diligently or expeditiously, the court will make the right decision at that point.”

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MAMU ASKS TO BE TRANSFERRED TO KUJE PRISON

Mamu’s lawyer moved an application to transfer his client to the Kuje correctional facility.

He said the prosecution had already responded to the motion.

In the application, the defence counsel said the Department of State Services (DSS) has refused to obey a previous court order which directed that Mamu should be allowed access to his doctors.

He said Mamu would get proper medical attention in Kuje prison.

“This application is brought so that we will take the defendant to the prisons because they always obey court orders there so that if we go there, he will have access to his medical officer,” he said.

“It is completely within the discretion of the court and we do not want to bring an application for contempt as that will take time.

“Therefore, we want the court to vary the order and the defendant will stay in the Kuja correctional facility. That is what we are asking for.”

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The judge adjourned the matter until May 20 for ruling on Mamu’s application.

BACKGROUND

Mamu is standing trial for allegedly aiding the terrorists who attacked the Abuja-Kaduna train in March 2022.

After his arrest in 2022, the federal government said $300,000 was found in his possession.

He was arraigned in March 2023 by the office of the attorney-general of the federation (AGF) on a 10-count charge bordering on terrorism.

However, in March, he pleaded not guilty to all the counts and denied having allegiance to the terrorists.

Mamu is alleged to have received $120,000 as ransom payments on behalf of the Boko Haram terrorist group.

The monies were said to have been received from families of hostages kidnapped during the train attack.

He was also accused of exchanging voice note communications relating to the hostages with one Baba Adamu, a Boko Haram spokesperson.

The federal government also tagged the $300,000 found in Mamu’s possession after his arrest, as terrorist funds.

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Mamu, an aide to Ahmad Gumi, a popular Islamic cleric, was involved in negotiations for the release of the passengers abducted during the attack on a Kaduna-bound train.

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Abuse of office: Emefiele challenges jurisdiction of Lagos court to try him

Published

2 hours ago

April 29, 2024

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The Lagos High Court sitting in Ikeja has deferred till the end of trial, its ruling on the application filed by the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, challenging the jurisdiction of the court to try him on the charges brought against him by the Economic and Financial Crimes Commission (EFCC).

Through his lawyer, Senior Advocate of Nigeria, Olalekan Ojo, Emefiele submitted that he cannot be tried in the high court of any state in Nigeria for alleged acts of abuse of his office as this raises issues of constitutionality and legality.

The former CBN governor also noted that counts 1-4 of the 26 counts charge filed by the EFCC against him are unconstitutional as they are not contained in any law in Nigeria.

His counsel asked the court to make an order striking out counts one to four of the charge on the grounds that:

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. the Honourable Court has no jurisdiction to try the offence of abuse of office in relation to the office of the Governor of the Central Bank of Nigeria which the 1st Defendant occupied at all times material to the commission of the offences and

ii. the 1st Defendant’s/Applicant’s acts said to constitute arbitrary acts resulting in abuse of office are not offences known to law as mandatorily required by section 36(12) of the Constitution of the Federal Republic of Nigeria 1999 as amended.

The EFCC through its counsel, Senior Advocate of Nigeria, Rotimi Oyedepo, however, countered these arguments.

Citing decided cases of the Supreme Court, he asked the trial judge, Justice Rahman Oshodi, not to defer or prevent the trial of the case on the basis of objections challenging the particulars of the counts of the information.

“That approach is intended to take us back to where we are coming from as this were the basis for Section 1 of the Administration of Criminal Justice Act, ACJA and the purpose for which Administration of Criminal Justice Law, ACJL was intended. The intention of our collective resolution as a nation was to to prevent undue delay in our criminal cases.

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“I urge my lord to refuse this invitation, trial has commenced, this application to prevent the trial today is unlawful, illegal and unconstitutional and I urge the court not to depart from the decision of the apex court as to do so would amount to judicial rascality,” Oyedepo stated.