News

Suit by politician seeking to declare Ekweremadu’s seat vacant wicked, incompetent – Lawyer

Published

1 year ago

September 22, 2022

Advocate News Nigeria

A legal practitioner and an aspirant for the Peoples Democratic Party (PDP) ticket for the Enugu West Senatorial District in the 2019 general election, Chief Ogochukwu Onyema, has come under severe criticism for asking a Federal High Court to declare vacant the seat of the former Deputy President of the Senate, Senator Ike Ekweremadu.

In the lawsuit marked FHC/EN/CS/7/2022 filed at the Federal High Court Enugu, Onyema also sought an order of the court “commanding and mandating” the National Chairman of the PDP, Dr. Iyorchia Ayu and PDP to “select, nominate, and forward” his name to the National Assembly “as a replacement” for Senator Ekweremadu.

He further prayed the court to command and mandate the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu and INEC to “withdraw or revoke, as the case may be, the Certificate of Return earlier issued to the 3rd defendant (Ekweremadu) and issue a fresh Certificate of Return” to him.

It is recalled that former Deputy President of the Senate, who is currently standing trial along with his wife over alleged organ harvest for their sick daughter, had at the PDP senatorial primary election, which took place at Awgu, Enugu State, on 2nd October 2018, polled 690 votes to emerge winner, defeating his closest rivals, Mr. Isaac Okah, who polled 84 votes and Chief Onyema polled a distant 61 votes to place third.

But in an Originating Summons, Onyema wants the court to determine, among others: “Whether it is the intendment and contemplation of the Constitution of the Federal Republic of Nigeria (1999) as amended 2018; the Senate Standing Orders 2015 as amended; and the Senate Legislative Calendar 2022, that the seat of Enugu West Senatorial District in the 9th Senate will be declared vacant by default, if the Senator representing, without just cause absent from sittings of the Senate for a period amounting in the aggregate to more than one-thirds of the total number of days during which the Senate meets in any one year, which is one-thirds of 181.

“Whether by virtue of the continuous absence of the 3rd defendant (Ekweremadu) from the Senate since 22nd day of June 2022 or days prior (when he last attended the sitting of the Senate), up till the date of adaptation of this Summons, or any other date thereafter, it could be said that the 3rd defendant is still validly representing the plaintiff (Chief Onyema) and Enugu West Senatorial District, as provided by the Constitution of the Federal Republic of Nigeria, and the Senate Standing Order 2015 as amended, in Nigeria Senate.

“Whether going by the heinous allegations levelled against the 3rd defendant and his incarceration at the United Kingdom, Wandsworth Prison, since around 22nd day of June 2022 up till the date of adoption of this Summons, the 3rd defendant can be said to have defaulted and be away from representing the plaintiff and Enugu West Senatorial District in the House of Senate, for no just cause, as provided for in the Constitution of the Federal Republic of Nigeria (1999) as amended in 2018.

“Whether by virtue of the 3rd defendant’s travails, which was not caused by the plaintiff or any of his constituents, and going by the provisions of the Constitution of the Federal Republic of Nigeria (1999) as amended, the Senate Standing Order 2015 as amended, it is wise and best, for the 3rd defendant to honourably agree that he has defaulted in representation, withdraw from his position, and mandating the 1st and second defendants (the Senate President and the Senate) to declare his position vacant by default, and instantly communicate same to 4th, 5th, 6th, 7th, and 8th defendants (Clark to the National Assembly, Dr. Ayu, PDP, Prof. Yakubu, and INEC) for appropriate and timeous actions, of his replacement with the plaintiff, by the 5th and 6th defendants. And Certificate of Return to be issued to the Plaintiff by the 7th and 8th defendants”.

However, an Enugu-based legal practitioner, Evang. Chinenye Orji, has faulted Onyema, saying the lawsuit flies in the face of the laws of Nigeria, including the Electoral Act, noting that Section 68 of the Constitution expressly lists the grounds and processes for declaring a Senator’s seat vacant.

He said that even if a vacancy occurs for any reason, the seat wouldn’t be inherited by anybody, as Section 76 of the Constitution provides that INEC must conduct a fresh election within 30 days to fill such vacancy.

“Section 68 (1) provides, among others, that a member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if he becomes a member of another legislative house; any other circumstances arise that, if he were not a member of the Senate or the House of Representatives, would cause him to be disqualified for election as a member; he ceases to be a citizen of Nigeria; without just cause he is absent from meetings of the House of which he is a member for a period amounting in the aggregate to more than one-third of the total number of days during which the House meets in any one year; being a person whose election to the House was sponsored by a political party, he becomes a member of another political party without a division or a merger affecting the party that previously sponsored him; or the presiding officer receives a certificate under the hand of the INEC Chairman stating that the provisions of Section 69 of the Constitution in respect of the recall of a lawmaker have been complied with.

“But even at that, Section 68 (3) provides that a Senator or House member shall not be deemed to be absent without just cause from a meeting of the House unless the person presiding certifies in writing that he is satisfied that the absence of the member from the meeting was for a just cause’.

He said none of these applies to Senator Ekweremadu yet, as he had not been absent for no just cause or for one-thirds of the total number of sitting of the Senate in 2022.

“A year is 365 days, but remember that Senate sits for only three days in a week, that if from Tuesday to Thursday. Ekweremadu was arrested in the UK around 22nd June and Senate on recess in July and returned on 20th September. So, there is no way he could be absent from session for one-thirds of the seating between now and December because the Senate will only sit for a maximum of 42 days. When you take the Christmas it will be much less. And if you add New Year and 2023 election recess, there is no way he could have absented himself from plenary for the remaining part of the lifespan of the Senate, which will most likely end in May 2023”, he stated.

“Besides, Onyema placed third in the said primary, not second and even if he came second, he would still not inherit Enugu West seat because the Constitution Section 76 of the 1999 provides that where a vacancy exists in the National Assembly, such vacancy shall be filled within 30 days vide an election on a date to be appointed by INEC.

“Also, the Electoral Act 2022 provides that you cannot occupy an elective position without participating in al the processes leading to the election. So, did O.A.U Onyema contest the senatorial election in 2019? The answer is ‘No’.

“We know Onyema has always wanted to be in the Senate, being a perennial senatorial aspirant. But must not be through the backdoor”, Orji concluded.

News

EFCC decries rise in fake dollars circulation, cyber crime in Benue

Published

3 hours ago

September 28, 2023

Advocate News Nigeria

The Economic and Financial Crimes Commission (EFCC) has decried the sudden rise of fake dollars and cyber crimes in Benue axis.

Its Acting Chairman, Mr Abdulkarim Chukkol, who disclosed this on Thursday in Makurdi, said that the commission had taken measures to address the situation.

The EFCC chairman spoke during a workshop on “Effective Reporting of Economic and Financial Crimes,” organised for 30 journalists of major media organisations in the country.

Chukkol was represented by the Head of Makurdi Zonal Office of EFCC, Mr Friday Ebelo.

He said the primary aim of the commission was to reduce corruption in the country to barest level, and would continue to discharge its duties effectively and professionally.

“Through the commission’s enforcement activities, recoveries running into several billions of naira have been recorded and the country’s anti-money laundering framework strengthened.

“There is now a more robust regulation of the activities of these entities which are vulnerable to money laundering,” he added.

The EFCC chairman warned people against disclosing their bank details to anybody to avoid its being used for illegal financial deals.

“I will like the media to educate family members, friends, politicians and others that they run the risk of going to jail if they allow their companies or banks accounts to be used to launder proceeds of illegal activities.

“Under the Money Laundering Act, 2022 family members and close allies of politicians and public office holders, including top civil servants, are now classified as Politically Exposed Persons.

“The EFCC is determined to ensure that anyone who steals from public treasury and all those who assist them under whatever guise, are brought to justice, and ignorance of the law will not be an excuse,” he said.

Chukkol said that the commission had recorded 3,785 convictions in 2022, the highest since its establishment.

He said that the Makurdi Zonal Office, which was established in 2019, has so far recorded 107 convictions. (NAN)

News

Akwa Ibom tribunal affirms Governor Eno’s victory, dismisses ADC, NNPP’s petitions

Published

3 hours ago

September 28, 2023

Advocate News Nigeria

• Akwa Ibom State Governor, Umo Eno

The Governorship Election Petition Tribunal sitting in Uyo has discarded the petition brought before it by the governorship candidate of the African Democratic Congress (ADC), Ezekiel Nyaetok, challenging the election of Pastor Umo Eno of the Peoples Democratic Party (PDP).

The tribunal had earlier thrown out suit number EPW/AKS/GOV/03/23, brought by the governorship candidate of the NNPP, Senator John James Akpan Udoedehe, challenging the election of the governor.

Among other grounds, Nyaetok of ADC sought the disqualification of Pastor Umo Eno, alleging that he was convicted by a Magistrate Court in Abuja and that having been convicted, all votes accrued to him during the March 18 elections ought to be nullified.

He also challenged other candidates who scored more votes than him, alleging that they were handicapped by litigations and legal bars which hampered their eligibility to participate in the elections.

But delivering judgement on the matter, Justice Adekunle Adeleye chaired the panel and unanimously ruled that the same magistrate court presided by Emeka Iyama, delivered a judgment, nullifying its earlier conviction of Pastor Umo Eno and that once a judgement is nullified, it ceases to exist.

The tribunal also held that Nyaetok’s petition lacked merit as the petitioner was not able to establish one polling unit in which there was noncompliance with the electoral law in the March 18 Governorship elections.

After about one hour and thirty minutes of detailed and considered judgement, the governorship election panel, in a unanimous decision concluded that the petition by Senator John James Akpanudoedehe and his party against Gov Umo Bassey Eno, the PDP, and INEC deserves no less a verdict than a dismissal for lacking in merit.

The governorship election petition by the former senator followed the defective trajectory of two previous cases dismissed by the tribunal two weeks ago, by virtue of the attempt to resurrect the subject matter of certificate forgery leveled against Governor Eno, which was previously buried by the Supreme Court.

Counsel to the PDP had told the tribunal that the petition was “most unambitious”, as the Petitioners neglected and or refused to declare what they really wanted.

Akpanudoedehe of the NNPP had in his arguments claimed that Gov. Umo Eno was a convict by the Wuse Magistrate Court, Abuja, thereby robbing him of the qualification to have contested the March 18, 2023 governorship election.

He prayed the Tribunal to order that the election be cancelled, and a fresh one conducted within 90 days.

He also alleged that the Governor was born in Enugu, even though he declined to show proof of this claim as he neither front-loaded nor relied upon any document to back it.

Surprisingly, of the over 5000 voting units in the state, the NNPP candidate called only 2 witnesses with himself as one of the two.

Under cross-examination, the NNPP gubernatorial candidate admitted, when shown the enrolled order of the Wuse Magistrate Court repudiating its judgement orders, that he lacked knowledge of the existence of the order before his petition.

Counsel to the PDP and Pastor Umo Eno had noted in their submission that the NNPP petition is most unambitious, as the petitioner has not only failed to prove the criminal allegation of forgery but also failed to state what he wants.

The tribunal, presided over by Justice Adekunle Adeleye, ruled that lacking in merit, the petition had to be confined to the trashcan.

Reacting to the judgement, Counsel to the PDP, Barr Emmanuel Enoidem said the judgement was in strong agreement with the point of law.

Enoidem said the petitioners failed to prove that Pastor Umo Eno did not meet the constitutional entry requirements for office of the Governor, adding that most of their claims were pre-election matters which they could not also substantiate.

Education

NDDC Invites Applications for 2023/2024 Foreign Post Graduate Scholarship

Published

3 hours ago

September 28, 2023

Advocate News Nigeria

NDDC

The Niger Delta Development Commission, NDDC, has announced the commencement of the application process for its 2023/2024 Foreign Post Graduate (Masters) Scholarship Programme.

This marks a significant stride in the Commission’s unwavering commitment to fostering human resource development and empowerment of the youths in the Niger Delta region.

Aiming to cultivate empowerment and specialization, this initiative is designed to equip the vibrant minds of the region with indispensable skills and training. The goal is to facilitate their meaningful participation in the Federal Government’s local content programme and to enable them to excel in various professional disciplines, enhancing their global competitiveness.

Diverse Opportunities for Study:
The programme offers a broad spectrum of fields, including diverse engineering disciplines like Biomedical, Software, and Marine, and cutting-edge domains such as Artificial Intelligence and Math/Sciences. Opportunities also extend to Health and Social Sciences, with options in Medical Sciences and Law, as well as Environmental and Physical Sciences, including Architecture and Environmental Science.

Eligibility and Application:
Eligibility is reserved for individuals originating from the Niger Delta Region, possessing relevant Bachelor’s Degrees with commendable classifications from recognized institutions. Prospective candidates are invited to submit their applications online through our official website [www.nddc.gov.ng](http://www.nddc.gov.ng), with the application window closing five weeks from the date of this announcement.

Rigorous Selection Process:
Candidates will undergo a comprehensive selection process, including preliminary shortlisting, a computer-based test in Rivers State, and final verification through respective Local Government Areas and Community Development Committees. The scholarship amount will be determined based on the prevailing exchange rate of the Naira.

For detailed information on application procedures, required documentation, and other relevant aspects, applicants are encouraged to visit [www.nddc.gov.ng](http://www.nddc.gov.ng). Further enquiries can be directed to:

Contact:
Director, Education, Health and Social Services, NDDC
Mobile: +234(0)9137806550, +234(0)9049409391
E-mail: foreign.scholarship@nddc.gov.ng

The NDDC remains steadfast in its mission to facilitate the sustainable development of the Niger Delta into a region that is economically prosperous, socially stable, ecologically regenerative, and politically harmonious. We extend our sincere best wishes to all applicants and eagerly anticipate welcoming the scholars who will contribute to shaping a brighter future for the region.

Pius Ughakpoteni
Director, Corporate Affairs
September 28, 2023.