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BREAKING: Court asked to stop Ex-President Jonathan from contesting 2027 election

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Former President Goodluck Jonathan
Former President Goodluck Jonathan
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A move by political opponents to stop former President Goodluck Jonathan from seeking another term in 2027 election has commenced at the judiciary.

On Monday the Federal High Court in Abuja, was asked to issue an order of perpetual injunction, restraining Jonathan from presenting himself to any political party in the country for the purpose of contesting the 2027 presidential election.

The court was equally urged to bar the Independent National Electoral Commission, INEC, from accepting from any political party, Jonathan’s name or publishing same as a duly nominated candidate for the presidential contest.

While ex-President Jonathan was cited as the 1st defendant in the matter, both INEC and the Attorney General of the Federation, were listed as 2nd and 3rd defendants, respectively.

Specifically, the suit, marked: FHC/ABJ/CS/2102/ 2025, hich was brought before the court by a lawyer, Mr. Johnmary Chukwukasi Jideobi, posed a lone question for the court to determine:

“Whether in view of the combined provisions of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended and their conflated interpretation, the 1st Defendant is eligible, under any circumstances [whatsoever] to contest for the office of the President of the Federal Republic of Nigeria?”

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Upon the determination of the question, the plaintiff, sought four principal reliefs, to wit:

“A declaration of this Honourable Court that upon an intimate reading and complete understanding of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended the first Defendant [GOODLUCK EBELE JONATHAN] is ineligible to stand for or occupy the office of the President of the Federal Republic of Nigeria.

“A declaration of this Honorable Court that in view of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended the 2nd Defendant [the INEC] lacks the constitutional power to receive from any political party the name of the first defendant or publish same as the candidate of any political party for the election into the office of the President of the Federal Republic of Nigeria holding in 2027 and other years to come.

“An order of perpetual injunction of this Honourable Court restraining the first Defendant [Goodluck Ebele Jonathan] from presenting himself to any political party in Nigeria for nomination as its candidate for the general election into the office of the President of the Federal Republic of Nigeria holding in 2027 and other years to come.

“An order of perpetual injunction of this Honourable Court restraining the 2nd Defendant [INEC] from either accepting from any political party in Nigeria the name of the 1st Defendant [Goodluck Ebele Jonathan] or publishing same as a candidate for election into the office of the President of the Federal Republic of Nigeria holding in 2027 and other years to come.”

As well as, “an order of this Honourable Court directing the 3rd Defendant [Honourable Attorney-General of the Federation] to ensure compliance with the decisions and Orders of this court.”

In an affidavit of facts that was deposed to in support of the suit by one Emmanuel Agida, the plaintiff told the court that he is an advocate of constitutionalism and the rule of law.

He told the court that the 1st defendant was first sworn in as President on May 6, 2010, following the death of then President Umaru Musa Yar’Adua on the May 5,2010, having previously been the Vice-President.

The plaintiff said he recently saw on various national dailies and television stations, reports on Jonathan’s intention to contest for the presidency in 2027.

“That the Plaintiff believes that the 1st defendant, having completed the unexpired term of late President Yar’Adua and subsequently served a full term after the 2011 election, has exhausted the constitutional limit of two tenures as President.

“That if the court does not intervene timeously, a political party may present the 1st defendant as its presidential candidate in the 2027 general election, thereby breaching the Constitution.”

On his locus standi (legal right) to institute the action, the plaintiff maintained that part of his duties, as a lawyer, is to forestall a violation of the constitution and to uphold the rule of law.

“There are chances that one of the political parties in Nigeria may favour the 1st defendant to stand as its presidential candidate in the forthcoming 2027 general elections to be conducted and overseen by the 2nd Defendant.

“If unchallenged, the 1st defendant may enter the 2027 presidential race on the platform of one of the political parties in Nigeria and may possibly emerge the winner of the said election.

“In the event the 1st defendant is returned as elected and sworn as the President of the Federal Republic of Nigeria come in 2027, it will mark the 3rd time the 1st defendant will be taking oath of office as the President of the Federal Republic of Nigeria.

“In the event the 1st defendant is returned as elected and sworn as the President of the Federal Republic of Nigeria come in 2027, the plaintiff as a Nigerian citizen, would become one of the those under the governance control of the 1st defendant [who by virtue of his office would be saddled with the responsibility of executing the laws of the country].

“As a Nigerian lawyer trained in Nigerian constitutional law, the plaintiff has come across a provision in the Nigerian constitution stating that a person who was sworn-in as President to complete the term for which another person was elected as President shall not be elected to such office for more than a single term.

“The plaintiff knows that the 1st defendant was indeed, on the 6th May, 2010, sworn in as President to complete the term for which (former) President Umaru Musa Yar’Adua was elected as President as a consequence of the demise of the former President on the 5th day of May, 2010.

“The 1st defendant after being sworn in on 6th May, 2010 to complete the term of late Umaru Musa Yar’Adua, was subsequently elected into the office of the President of the Federal Republic of Nigeria and sworn in on the 27th May, 2011.

“I know that if the 1st defendant eventually wins the forthcoming 2027 general election as President of the Federal Republic of Nigeria (which is for a term of 4 years spanning 2027 to 2031), he will have exceeded 8 years being the cumulative maximum years a Nigerian President is to stay in office.

“As a Nigerian Lawyer trained in Nigerian constitutional law, the plaintiff knows of a provision in the Nigerian constitution stating that the Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of the same Constitution.

“The plaintiff being a lawyer committed to the reign of constitutionalism, an unrepentant apostle of the rule of law and a known crusader for democratic governance especially in Nigeria, does not wish to be governed by any person or group of persons who may have taken control of the Government of Nigeria in a manner not contemplated by the Nigerian constitution.

“The plaintiff has instituted this suit in the public interest, in the defence of the rule of law and accentuation of the supremacy of the Constitution and to preserve the integrity of the Nigerian Constitutional order.

“It will be in the interest of justice for this Honourable Court to grant the prayers contained on the face of this Originating Summons,” the affidavit further read.

No date has been fixed for hearing of the suit.

Health

NAFDAC urges Stakeholders to lead vigilance on Antimicrobial Resistance, Adverse Drug Reactions

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The National Agency for Food and Drug Administration and Control (NAFDAC) has called on stakeholders and Nigerians to lead vigilance against Antimicrobial Resistance (AMR) to medicines/drugs and Adverse Drug Reactions (ADR).

The Director-General of NAFDAC, Prof. Mojisola Adeyeye, made the call on during a one-day Pharmacovigilance Workshop and Stakeholders Town Hall Meeting in Enugu.

Represented by NAFDAC’s Director, South-East Zone, Dr Festus Ukadike, the director-general noted that the gravest consequences of irrational medicine use today is AMR.

She explained that the misuse and overuse of antibiotics had accelerated the emergence of resistant microorganisms that no longer respond to conventional treatment.

“This means that infections previously treatable with common antibiotics are becoming increasingly difficult and expensive to manage.

“If urgent action is not taken, antimicrobial resistance may reverse decades of medical progress and place humanity at serious risk.

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“This is why Pharmacovigilance is extremely important. Pharmacovigilance refers to the science and activities relating to the detection, assessment, understanding, and prevention of adverse effects or any other medicine-related problems.

“In simple terms, Pharmacovigilance helps us ensure that medicines remain safe and effective even after they have been approved and released into the market,” she said.

Adeyeye noted that no medicine is completely free from side effects.

“However, through effective Pharmacovigilance systems, healthcare professionals and patients can identify harmful reactions early, report them appropriately, and help regulatory authorities take necessary actions to protect the public,” she said.

She said that Pharmacovigilance remained a core mandate of the agency, adding that stakeholders and general public should play active part in monitoring AMR and ADR to ensure effectiveness of medicine and treatment.

Speaking, the Chairman, Enugu State Traditional Rulers’ Council, Igwe Samuel Asadu, commended NAFDAC for the workshop, while urging the agency to put more effort in curbing sales of fake medicines in the hinterlands.

Asadu said that Pharmacovigilance was needed more in the hinterlands of the state to stop people paddling fake medicines and “selling outright chalk as medicine in villages in the state”.

He gave the commitment of royal fathers in the state in providing necessary support to NAFDAC to check paddlers of fake medicines, “as we see our people die due to their activities.”

Corroborating, the State Coordinator of World Health Organization (WHO), Dr Adaeze Ugwu, said that the organisation would continue to support NAFDAC in the agency’s resolve to strengthen food and healthcare in the country.

Also, Dr Oliver Ezemba, Chairman, Nigerian Association of Patent and Proprietory Medicine Dealers (NAPPMED), urged everybody to get concerned on the issues of AMR and ADR to guarantee quality medicines for everyone.

Ezemba called on Nigerians to imbibe the habit of reporting any irregularities observed while using a medicine to NAFDAC for proper investigation, which would serve the benefit of many Nigerians using same medicine.

The participants asked questions on AMR and ADR as well as made pledge on reporting any suspectable AMR or ADR case through the NAFDAC’s Med Safety Mobile App using their cellphone or computer set.

In the workshop, a presentation was made on “Need for Effective Pharmacovigilance by All’, delivered by Mr Chidi Uche and Mrs Ogechi Udeh, who are NAFDAC officials.

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Coup trial: Accused colonel rejects military court

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Col Mohammed Ma’aji
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The second accused person in the charges brought against 36 persons accused of alleged mutiny and plot to overthrow the government of President Bola Tinubu, Col Mohammed Ma’aji, has challenged the jurisdiction of the Defence Headquarters Garrison General Court Martial sitting in Asokoro, Abuja, to hear the case.

Ma’aji, in a preliminary objection filed before the court martial in charge No: DHQ/GAR/ABJ/49/ADM, between the Armed Forces of Nigeria and Brig Gen M.A. Sadiq, Col Ma’aji, alongside 35 others, urged the court martial to strike out the charges instituted against him, arguing that the military tribunal lacked the jurisdiction to entertain the case.

Ma’aji, in the objection, contended that the charges were fundamentally defective and incompetent in law.

The objection, brought pursuant to Rules 36(1) and 37(1) of the Rules of Procedure Army 1972, urged the tribunal to make an order striking out and/or dismissing the charges against the 2nd Accused.

“Take notice that the 2nd accused hereby objects to the jurisdiction of the General Court Martial to entertain Counts One to Nine of the charges preferred against the 2nd Accused in Charge No: DHQ/GAR/ABJ/49/ADM, namely ARMED FORCES OF NIGERIA V. BRIG. GEN. M. A. SADIQ (N/10321) & 35 ORS and hereby prays the General Court Martial for the following reliefs:

“An Order striking out and/or dismissing the charges against the 2nd Accused in Charge No: DHQ/GAR/ABJ/49/ADM for lack of jurisdiction. An order declining jurisdiction to entertain the charge as constituted.

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“And for such further order(s) as the Honourable General Court Martial may deem fit to make in the circumstances.”

The second accused in the charge also argued that the complainant, listed as the Armed Forces of Nigeria, lacked the legal capacity to institute criminal proceedings.

According to Ma’aji, “The complainant (Armed Force of Nigeria) is not a juristic person and thereby lacks the requisite competence to initiate and prosecute the criminal proceedings in Charge No: DHQ/GAR/ABJ/49/ADM.”

Ma’aji further maintained that because the complainant allegedly lacked legal personality, the General Court Martial was equally deprived of jurisdiction to hear the matter.

Citing several Supreme Court and Court of Appeal authorities, including Green v. Green, Fawehinmi v NBA, and Mothercat Nig Ltd v Reg. Trustees of the Full Gospel Assembly Nig, the defence argued that only natural persons or entities expressly recognised by law could sue or be sued.

The written address submitted in support of the objection stated, “The name ‘Armed Forces of Nigeria’ described as ‘complainant’ in Charge No: DHQ/GAR/ABJ/49/ADM is unknown to law and destitute of any legal capacity to exercise Prosecutorial powers in respect of the charges preferred against the 2nd Accused.”

The second accused also challenged the competence of counts one to nine of the charge, which allegedly accused him of inciting other officers to join a plot to overthrow President Tinubu.

Ma’aji insisted that the allegations contained in the particulars of the charges did not fall within the offence of mutiny as contemplated under Section 52(1)(b) of the Armed Forces Act, 2004.

He argued that the particulars of the charge “disclose offences against the Sovereign State otherwise known as the Federal Republic of Nigeria and constitutional order rather than offences relating to military or service discipline or command structure.”

He maintained that the phrase “plot to overthrow the government of the Federal Republic of Nigeria” contained in the charge could not be equated with “lawful authority in the Federation” as envisaged under Section 52(3) of the Armed Forces Act.

“It is submitted that the Federal Republic of Nigeria does not fall within the phrase ‘a lawful authority in the Federation’ as used in Section 52(3) of the Armed Forces Act, Laws of Federation, 2004,” Ma’aji contended.

Relying on constitutional provisions and judicial precedents, he argued that the court-martial, being a tribunal of limited jurisdiction, could not extend its powers beyond what was expressly granted by statute.
Ma’aji also cited the Supreme Court’s warning against judicial expansion of statutory provisions, insisting that any ambiguity in penal legislation must be resolved in favour of the accused persons.

Quoting the Supreme Court decision in Nigerian Navy v. Lambert, the second accused submitted: “It is settled law that penal statutes are to be construed strictly to the benefit of the accused person and that where there is a reasonable construction that avoids the penalty in any particular case, the court must adopt that construction.”

The preliminary objection further contended that for a charge of mutiny or incitement to mutiny to stand, there must be allegations of concerted insubordination, defiance of military authority or refusal of lawful command or organised military rebellion against superior military command.

According to the defence, the particulars supplied by the prosecution failed to disclose those essential ingredients.

On this ground, he urged the General Court Martial to uphold his preliminary objection and dismiss the charges against him for want of jurisdiction.

Meanwhile, a witness in the ongoing trial of six alleged coup plotters before the Federal High Court in Abuja, on Wednesday, told investigators that Ma’aji allegedly threatened to force his way into the Presidential Villa, even if insiders refused to cooperate.

The fourth defendant, Zekeri Umoru, made the allegation in a video previewed in court during proceedings in the trial-within-trial over the admissibility of the defendants’ extrajudicial statements.

Umoru and five others in April were arraigned before Justice Joyce Abdulmalik on 13 counts of criminal charges over alleged complicity in an alleged coup plot to overthrow Tinubu’s government.

The six defendants: Maj Gen Mohammed Ibrahim Gana (retd), Capt Erasmus Victor (retd), Insp Ahmed Ibrahim, Zekeri Umoru, Bukar Kashim Goni and Abdulkadir Sani, however, pleaded not guilty to all the counts after the charge was read to them.

At the resumed sitting, Umoru, who worked with Julius Berger on the Presidential Villa clinic project, alleged that Ma’aji, through the third defendant, Insp Ibrahim, asked him to recruit between 18 and 19 persons working inside the Villa, including soldiers, Department of State Service personnel and Julius Berger staff.

According to the video evidence played in court, Umoru alleged that plans were discussed to switch off electricity within the Presidential Villa to aid the operation, but he warned that such an action would immediately trigger investigations and lead to the detention of workers on duty.

He further claimed that Insp Ibrahim later demanded N100m from Ma’aji to facilitate access into the Villa through an ambulance route, but Ma’aji allegedly rejected the amount as excessive, insisting he could still gain entry by force, although “there would be bloodshed.”

The witness also told investigators that he became uncomfortable with the alleged plan and repeatedly attempted to return the money given to him, insisting that the Presidential Villa “was not child’s play.”

He denied having access to the Villa’s solar power plant, despite allegations that he intended to sabotage the electricity supply within the complex.

The court further heard that Umoru did not immediately report the alleged plot to authorities because Insp Ibrahim allegedly advised him to delete messages and avoid contacting Ma’aji due to an ongoing audit in their office.

Following the screening of the video evidence, Justice Abdulmalik adjourned the matter until May 21 for continuation of the trial-within-trial.

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Terrorists have infiltrated no less than 40 South-West LGs — Gani Adams

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Gani Adams
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Aare Ona Kakanfo of Yorubaland, Gani Adams, has raised fresh concerns over insecurity in the South-West, claiming that terrorists have infiltrated at least 40 local government areas across the region.

While speaking in a recent interview with The Punch, Adams said the threat in the South-West has become more serious than many people realise.

“We have 137 local government areas in the South-West, and we spotted not remnants of terrorists, but a lot of terrorists in no fewer than 40 local governments. We have many terrorists that have infiltrated those local government areas,” he said.

Adams revealed that his group had documented the development but chose not to make the information public immediately because they hoped to work directly with state governments to tackle the problem.

“We kept that document to ourselves because we were more confident that working with state governments, which are the institutions governing the states, would yield results compared to working with law enforcement agents,” he stated.

The Yoruba leader, however, expressed disappointment over what he described as the refusal of governors in the region to engage with his organisation despite repeated warnings over the past two years.

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“As a result, we called for collaboration with state governments for the past two years. This is a government that knows your antecedents, knows that you have a structure across Yorubaland, even beyond Yorubaland and in some northern states, yet refuses to talk to you, refuses to agree with you, or even assist you, despite being in power and benefitting from security votes,” Adams said.

“Yet they didn’t call to discuss with you. So, you have to bear in mind that the only assistance you can give to Yoruba people is to talk to the media and give little information that some states have been infiltrated and that there would be attacks in those states, because you are not helping matters by divulging the entire information,” he added.

Reacting to the recent abduction of pupils, teachers and residents in Oriire Local Government Area of Oyo State, Adams said local hunters and vigilante groups may not possess sophisticated weapons but still have a critical role to play in combating insecurity.

According to him, all factions of the Oodua Peoples Congress (OPC) and other local security groups in the South-West are ready to collaborate against criminal elements.

“All hands must be on deck to confront these criminals. You can have less potential and still know the criminals in your area. Security is not always about carrying sophisticated arms,” he said.

“You need intelligent people. You need people who can infiltrate enemy territories. You need multilingual people who can speak different languages and use that advantage to gather intelligence.

“You also need people with spiritual potential. You even need clerics who will pray for the success of your mission. So, the issue of security has different sectors. By combining those sectors, you can achieve victory against criminals,” Adams added.

His comments come days after gunmen attacked schools and surrounding communities in the Ogbomoso axis of Oyo State, abducting several pupils, students and teachers from Baptist Nursery and Primary School in Yawota, Community Grammar School and L.A Primary School in Esin Ele.

Ondo State and several other communities in the South-West have also witnessed repeated attacks by suspected kidnappers and armed groups in recent months.

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