Monday, 5 December 2011

Presidential polls: CPC asks Tribunal to declare Buhari winner

From GODWIN TSA Abuja
Friday, August 12, 2011
Buhari

The Congress for Progressive Change (CPC) has asked the Presidential Election Tribunal to enter judgment in favour of its presidential candidate, General Muhammadu Buhari on the grounds that the Independent National Electoral Commission (INEC) has flouted the order of the tribunal directing it to allow the party to inspect the materials used for the April 16 presidential election.

The action of the party was contained in a motion on notice brought pursuant to paragraphs 18 (11) of the 1st schedule to the Electoral Act 2010 (as amended), section 145 (d) of the Evidence Act and under the inherent powers of the Tribunal.
In a statement in Abuja by its National Publicity Secretary, Rotimi Fashakin and entitled, “Aftermath of INEC’S intransigence: CPC files motion for judgment” the party specifically said it is seeking the following reliefs:

*An order of this Honourable Court entering Judgment in favor of the Petitioner in Petition No. CA/A/EPT/PRES/1/2011 under Paragraph 18 (11) of the 1st Schedule to the Electoral Act, 2010 as amended and Section 149 of the Evidence Act on the ground that the order for inspection granted by this Honourable Court on the 24th day of May, 2011 is refusal or failure or neglect of the Respondent s to comply with the terms contained in the said order.
*And for such further or other orders as this Honourable Tribunal may deem fit to make in the circumstances.
The grounds upon which the application is based are:

*That the Petitioner was one of the registered political parties that contested the Presidential Election held on the 16th day of April, 2011 and had in consequence thereof demanded for election materials from the 1st Respondent vide series of letters written to that effect before, during and at the conclusion of the election.
*That 1st and 2nd Respondents denied the Petitioner’s request by failing to make copies of the requested election materials available to the Applicant and the Applicant was as a result forced to file an application dated the 15th May, 2011 for an order directing the 1st and 2nd Respondents to produce for the inspection of the Applicants and permitting it to take copies of the election material used in the conduct of the election.
*That this Honourable Court had on the 24th day of May, 2011 granted an order pursuant to the application referred to in paragraph 2 above in the following terms:

*An order that INEC shall grant the Petitioner and any other party in the petition their counsel agents or experts access to the biometric Data Base created by the DDC machines for register of voters, used at the Presidential Election held on 16th April, 2011. INEC shall give notice to parties as to time, date and place for such exercise provided that the absence of a party duly notified shall not delay such exercise.

* AN ORDER that INEC shall grant access to the Petitioner and any other party to the petition, their counsel and their experts, to inspect and take certified True Copy (CTC) of election materials i.e.
a) Register of Voters used in all the Polling Units at Presidential Election held on 16/04/2011.
b) Electoral Forms EC8 A, B, C, D & E
c) Manual for the Election
d) List of Officials of INEC including adhoc staff who participated in the conduct of the election.
e) Records of Ballot papers distribution throughout the Federation.
f) Ballot papers used in the Presidential Election held on 16/04/2011.

B. Access for inspection and taking of copies of the election materials shall be at the statutory location of such election materials i.e.
(i) Custody of Resident Electoral Commissioners in various states.
(ii) Custody Chairman of INEC
Provided all necessary official fees for such certification are paid.

*That the Respondents have colluded to frustrate the execution of the Order and contended, among others, that they would not allow access to the database which they claimed is not necessary for the proof of the Petitioner’s case.

*That even though the order for inspection was granted early enough in the proceeding, the Applicants’ efforts to take advantage of the order was met with series of frustrations evidenced by exhibits 1 – 12.
The Tribunal had adjourned proceedings on the main appeal to August 15, 2011 at the instance of the party.

Jonathan, Buhari in fresh row

By Yusuf Alli, Abuja 8 hours 36 minutes ago

President Goodluck Jonathan / Buhari President Goodluck Jonathan / Buhari
-Ripples over alleged plot to disallow CPC access to April poll materials -I have no cause to conspire with INEC to frustrate Buhari, says Jonathan -INEC says court will decide the truth
THERE are fresh ripples over alleged plot to disallow the former presidential candidate of the Congress for Progressive Change (CPC), Gen. Muhammadu Buhari, from having access to election materials used for the April presidential election. 
President Goodluck Jonathan, the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) are alleged to be behind  the plot. 
But counsel to the President, Chief Wole Olanipekun (SAN) said Jonathan has no cause to conspire with anybody to prevent Buhari from conducting forensic analysis. 
Also, INEC said although it has done its best to satisfy the request of all litigants before election tribunals, it will amount to subjudice to respond to Buhari's application before the Presidential Election Tribunal. 
A top source in CPC said: “Our party is suspecting that there is pressure on INEC from the presidency and the PDP to frustrate our plans to have access to electoral materials to conduct forensic analysis. 
“They are aware that elections did not hold in some areas and they cannot produce poll materials to add up. 
“We cannot understand why INEC which had earlier accepted to allow us access to poll documents, based on the order of the tribunal, has suddenly changed its tune. 
“The uncovering of the plot informed why our candidate filed a fresh application before the court specifically to ask the tribunal to declare him as the validly elected presidential candidate for April general elections. 
“The application was brought pursuant to Paragraph 18(11) of the 1st Schedule to the Electoral Act, 2010 as amended, Section 149 (d) of the Evidence Act.” 
In a swift reaction, Jonathan’s lead counsel, Chief Wole Olanipekun (SAN) said Buhari was crying wolf where there is none. 
He said: “It is only unfortunate that rather than the CPC concentrating on their petition  they are busy prosecuting their case on the pages of newspapers. 
“Let me tell you my dear, we have no reason to conspire with INEC or anybody to stop Buhari and CPC from having access to election materials.  I don’t believe that Jonathan has any cause to do that. Instead, the President has been prosecuting his case through his counsel diligently. 
“Since this case started, we have never for one day asked for an adjournment. It was the CPC that asked for extension of time for pre-hearing. And instead of asking for three days, they asked for 14 days. The court wanted to give a specific date for hearing, they asked for 14 days to extend the time for pre-hearing. 
“If they have not had access to election materials as they claimed, Nigerians should ask them what of oral witnesses, why don’t they start with that? We have not asked for a single adjournment but they have done that. 
“For a case that will be statute barred in November, we are still at the pre-hearing case because of the attitude of the CPC. Yet, it is only when pre-hearing closes that the court will now adjourn and write a report that will regulate the trial. 
“They sought some reliefs from the Court of Appeal but the court struck out two of these reliefs including their plea that the tribunal should order a re-run of the presidential poll. 
They have now appealed against the ruling of the Court of Appeal. As I am talking to you we have also filed an application before the Supreme Court that since their main prayer for a re-run poll has been struck out by the Court of Appeal, there is nothing to determine again by the Presidential Election Tribunal 
“Nigerians should appreciate what is at stake. The CPC is not saying that Buhari should be declared the winner of the last presidential election, they are asking for a re-run. And their major prayer for re-run has been rejected by the tribunal. What is left of their application at the tribunal will be a mere academic exercise. 
“Nobody is frustrating CPC but they are preoccupied with adjournment and trial on the pages of newspapers.” 
On his part, the Chief Press Secretary to INEC Chairman, Mr. Kayode Idowu, said: “Since the matter is still in court, it is subjudice to make any comment. But I know that we have been fair to all parties.” 
Notwithstanding, Buhari is insisting that he should be declared the winner of the poll since INEC has denied him access to election materials for forensic analysis. 
In a document obtained last night, the CPC’s candidate gave the details of what transpired. 
He said: “The Applicant was not satisfied with the declared result and in consequence notified the 1st and 2nd Respondent of its decision to contest the declaration and reiterated its demand for election materials by its letter dated the 20th day of April, 2011, among others, a copy of which is shown to me and attached hereto as Exhibit 4 
“That 1st and 2nd Respondents denied the Petitioner’s request by failing to make copies of the requested election materials available to the Applicant and the Applicant was as a result forced to file an application dated the 15th May, 2011 for an order directing the 1st and 2nd Respondents to produce for the inspection of the Applicants and permitting it to take copies of the election material used in the conduct of the election. 
“That series of objections were filed by the Respondents by which the competence of the Petitioner’s petition was challenged after the grant of the order and exchange of petition and respective replies to the petition filed by the Respondents. 
“That the 3rd and 4th Respondents, the 5th Respondents and lastly the 1st, 2nd, 6th -42nd Respondents filed applications for preliminary objections to the Applicants petition on 23rd, June, 2011, 15th June, 2011 and 23rd June, 2011 respectively 
“That so much time was wasted in the cause of hearing the objections before they were eventually taken on the 6th day of July, 2011 save for the objection filed on behalf of the 1st, 2nd, 6th -42nd Respondents that was withdrawn and struck out. 
“That on the 14th day of July, 2011 this Honourable Tribunal adjudged the Applicant’s petition competent in a considered ruling. 
“That even though the order for inspection was granted early enough in the proceeding, the Applicants’ efforts to take advantage of the order was met with series of frustrations notwithstanding the ruling of the 14th day of July, 2011 by which the competence of the Applicant’s petition was sustained. 
“That the Petitioner was as a result not accorded access to the election materials and data base and a resolution was eventually passed that parties should have further recourse to this Honorable Court for the interpretation of the word access as used in the order of the Court dated the 24th day of May, 2011. 
“Meanwhile parties met on the 26th day of July 2011 with a view to commence the forensic exercise in the restricted manner convenient to Respondent while the broader interpretation of the word ‘access” was to be sought from Court, only for the Counsel for the (Counsel for the 4th and 5th Respondents) to demand for the further postponement of the exercise on the ground that the 4th and 5th 
“Respondent’s team of expert were not available for the meeting and they could not concede to the progress of the exercise in their absence 
“That a further postponement of the meeting was reluctantly conceded to by the Applicant and the meeting was in consequence adjourned to the 8th day of August, 2011 to enable the 5th Respondent assembled its team of experts for the exercise. 
“That I was informed by Sama’ila Alasa Esq. one of the Applicant’s Counsel in this petition at about 12.30pm on  Monday, the 8th day of August, 2011 at the National Headquarters of the Applicant of Plot 1132, Festus Okotie Eboh Crescent, Utako District, Abuja and I verily believe him to be true and correct that the forensic exercise meeting of the 8th day of August 2011 was aborted largely by the Respondents and an affidavit of facts narrating the events that led to the abortion of the meeting of the 8th August, 2011 as deposed to by him is shown to me and attached hereto as Exhibit 14   
“That I was informed by Mr. Ocholi James (SAN) one of the Applicant’s lead Counsel in this petition at about 3 p.m on Thursday, the 4th day of August, 2011 at his office at No. 108, Idris Gidado Street, Wuye District, Abuja and I verily believe him to be true and correct as follows: 
“That the Respondents have manipulated the word access as used in the order of this Honorable Court to frustrate the inspection of the election materials. 
“That the order for inspection granted by this Honourable Court on the 24th day of May, 2011 is not being complied with by the Respondents. 
“That this Honourable Court can enter Judgment in favour of the Petitioner in the circumstances of the frustrations of the Court order by the Respondents 

Why I won’t reject calls to be PDP chairman -Tukur

Written by Idowu Samuel, Editor, North-East /North Central Bureau, in Abuja Wednesday, 13 July 2011
Alhaji Bamanga Tukur
Alhaji Bamanga Tukur, Chairman African Business Roundtable and NEPAD Business Group, Private Sector, has no predilection for granting media interviews. Yet, he took a break from his tight official schedules when the Nigerian Tribune sought his views on the state of the nation. He speaks on sundry national political issues in this interview conducted by Idowu Samuel, Editor, North-East /North Central Bureau, in Abuja.
You seem to have withdrawn to the background politically for some time until recently when you were touted as a possible chairman of Peoples Democratic Party (PDP). Why was your interest that low in politics?
That is not true. I am an experienced politician and you know politicians do not retire, but you don’t expect me at my age to be running up and down looking for political patronage. If I begin to do that, where lies the fate of young men and women like you who still have the energy to serve.  You have not been seeing me in the open playing politics, but people like me do not relent in ensuring that things work well in this country. I am an elderstatesman and I can speak with any body in power, either at the state or federal level and say this is what he or she can do to make things better and I don’t need to shout on top of may voice to do that. I have been playing good roles in making this country to move forward and there is no need to make noise about it.
As an elder statesman, what is the state of the nation to you, now?
We have not been doing badly, no matter what critics say. It is through a democratic process that the present government was formed. We are happy about that and it is because the last elections were well acknowledged. There is nothing perfect in human endeavour. We will make mistakes and we will correct the mistakes by our own wisdom, so we are learning, and this is not a bad beginning. Secondly, we are lucky to have a young president who is equally educated and eager to work. He does not have any baggage to worry about. He made many promises during campaigns and now is the time to sit down to work out how to fulfil those promises. He has started appointing his ministers and we hope that that will drive the process and draw him close to fulfilling the promises he had made. I am encouraged because the rest of the world can now begin to look up to Nigeria for leadership. Our job by now is to support the President, package him and make him the focal point of leadership not only in Nigeria, but also in Africa. By doing this, we hope to see the emergence of United States of Africa one day. That is my own dream. It can only happen if we begin to build the foundation, and we are already building the foundation. What needs to be done now is to mobilise Nigerians in support of the present administration to address the challenges confronting it so that there will be less crisis and rancour and for the government to address our immediate areas of needs, including Infrastructure, agriculture, health, power, youth development, employment  and others. Now that a new cabinet is evolving, we pray that the President will give a matching order to the ministers to focus keen attention on these areas of needs. They are all critical portfolios and again the expectation is that the ministers would not look back in performing their duties so that they will give the kind of results that the President and the rest of Nigeria have been expecting.
The state of national economy seems to be bothering most Nigerians. Are you also worried and what to you is the way forward?
Yes, the present moment is difficult for Nigeria. But Nigeria is not the only country passing through economic stress. It cuts across the whole world, most especially, the so called developed countries. If you talk about Nigeria, just take a look at Greece, the old Greece. See what is happening there. The same thing is happening in the United States and of course you can see that the British government has been grappling with protests from the labour unions. France is also affected in a way, so it is a global phenomenon. It is a new era in the global economy and the reason is that people have developed to a certain stage and their expectations are getting higher and almost difficult to meet and so people take to agitation. That is the problem.
So how do we get out of this problem in Nigeria?
We do that by a proper re-orientation. The government must insist on this and then drive the populace to work harder, get more focussed and committed to a growth process for the national economy. Most importantly, we Nigerians should learn how to accommodate one another and to allow peace to reign.
Nigeria is facing a stiff security challenge at the moment with the unrest in some parts of the North at the instance of a religious sect. what do you think is the way out?
The reason we are facing these kinds of problems is because we allow our young population to stay idle and so they would be restive. The starting point for us is to start planning for the youth. We have to go back to the drawing board to fashion out the ways and means of making the Nigerian youth get more engaged.
It is important for the government to get the statistics of enrolment in schools from primary level up to tertiary and the number of them that are graduating annually so that special programmes could be designed for them. The problem we have in this country is that we do not seem to have realised the potentialities in the Nigerian youth and how they could be used to turn things around. If you look at it critically, we always have a young population which means that if the bulk of  the people who constitute the population are somewhat engaged, there would be a limit to youth restiveness and agitation in Nigeria. We have to address the problem of youth unemployment before it gets too late. That is the idea.
Corruption seems to be another major problem confronting Nigeria. How do we tackle that?
Yes, the problem is getting more alarming and endemic.
So how do we tackle that?
It is simply by making sure that those found to be guilty of acts of corruption with strong proofs are not allowed to escape justice. If people are suspected to be plundering the public sector or demanding things that do not belong to them, they should be sanctioned, and the sanction must be correct and firm.
The political relationship between the North and the South turned sour over the issue of zoning during the last general election. What are you elders doing to tackle the problem?
It is all political and I believe with time we will overcome it. Now, there have been reports that Bamanga has been tipped for PDP national chairmanship. If that is the case what can people like us do if not to unite this federation with such an opportunity? For me I do not see any sacrifice as too great or too little for this country to remain united, indivisible and indissoluble. There is every need to cement the divide between the North and South in terms of political harmony in order to heal the bruises. Mechanism must be put in place for us to call people to a round table to see that we resolve and document popular agreement on zoning so that the suspicion that exists between the North and South would be a thing of the past. It is a question of appealing to everybody to come on board so that we can collectively rebuild the foundation of our national unity.
Your interest in the chairmanship position of PDP still remains in the realm of speculations. Are you actually nursing the ambition to be?
This is not a question of ambition. The truth is that some people feel that I can do it. I have been reading about it on the pages of newspapers, and I know that some people have been talking to me too. So, if eventually they ask me to be the National Chairman of PDP, why not? I will take it. If I do, then, for me, it is pay back time to my country. It is pay back because there is nothing the position of chairman of PDP would give me that I don’t have today. There is nothing special I will be expecting from the post at this point in my life other than to use the God given resources in me to serve the party and my country. Today, I earn respect from across the globe and I thank God that he has blessed me tremendously. The chairmanship of PDP cannot give me the recognition that I command today from across the world.
If I can go up to the United Nations and address the entire world on crucial global issues and then continue to play relevant roles at that level, you can then understand what I am talking about. At the level of African Union, it is the same, in West Africa; it is the same in terms of recognition. If you head the African Business Round Table (ABR) and everybody looks up to you, that is something to me. You know, people outside the country used to call me a president without a country. They say I am a borderless President and then we will all laugh. But then, that is recognition from very high quarters at global level. So, there is nothing I cannot do to make PDP flourish if asked to be chairman, it is the party and Nigeria that will stand to gain.
As the chairman ABR, what level of economic patronage have you won for Nigeria?
African Business Round Table is to bring investments from any part of the world into African countries. It is also to forge business partnership among African businessmen. That is why I am also Chairman NEPAD Business Group Africa, Private Sector. What we are to ensure is a seamless partnership between the public and private sectors across Africa. It is not something you can easily measure, because our efforts are on-going. And you can see the responses in the attempts by some African countries to legislate for good laws, good government and socially responsible investment opportunities in their respective countries.
Lastly, can you suggest to President Jonathan the next immediate steps he should take now that he has constituted his government?
Let him direct the attention of his government immediately to the issue of security. I am aware of efforts being made already to stem the tide of crisis in some parts of the federation, but then we all need a pro-active security system to be put in place to nip in the bud any plan for breakdown of law and order wherever they may be coming from. I believe also that the President should intensify efforts on power with a view to increasing electricity supply in the country.

Northern grandmasters, governance and 2015

Written by Idowu Samuel Wednesday, 27 July 2011
From left, Ibrahim Babangida, Aliyu Gusau, Atiku Abubakar
The present politics in Nigeria is pregnant with ambiguities, partly due to the cold attitude of some northern political juggernauts to activities of government. Idowu Samuel, Editor North-East/North-Central Operations, examines these intricacies and the implication for 2015.
The contemporary politics of Nigeria has thrown up apprehensions now characterised by perceived uncanny reticent and malice by northern political grandmasters, who seem contented staying aloof, as government activities run haphazardly. From indications, the 2011 presidential election had succeeded in raising more posers, while leaving room for suspicion among major players in a manner that makes future politics more endangered.
Nigeria did not just find itself in this cul-de-sac. The failure of political elites to find a common ground on the issue of zoning actually complicated matters such that President Goodluck Jonathan appears alienated from a major section of the country, the North, which never wanted him in the saddle for obvious reasons.
Close to four months after the 2011 presidential election, the North has been in turmoil with a seeming unending bloodletting which is occurring more like an unstated protest against the political status-quo ante in the country.
Northern grandmasters after presidential poll
Before the last general election, the North, indeed, relied on its presidential candidates, represented by General Ibrahim Badamasi Babangida, General Aliyu Gusau, Alhaji Atiku Abubakar and Bukola Saraki, all on the platform of Peoples Democratic Party (PDP), to regain the presidential power it lost due to the death of the late President Umaru Musa Yar’Adua. It also counted on the experiences of General Muhammadu Buhari of the Congress for Progressive Change (CPC) to make a difference with the election. It fought to actualise its desire to reclaim the presidential power while it made very strident advocacy on return of the power through zoning. The northern political elite, led by Mallam Adamu Ciroma, added an impetus by forging a consensus among all the aspirants. It eventually narrowed down its choice of presidential candidate to Atiku who contested the Peoples Democratic Party (PDP) presidential primary against President Jonathan.
The failure by the North to get the presidential power seemed to constitute an anathema to governance at the centre today. Ciroma, who heads the Northern Political Leaders Forum, had severally decried the manner the ruling PDP addressed the issue of zoning and then ended up adopting a wait-and-see attitude to subsequent political events in the country.
In the same vein, each of the presidential aspirants had voiced dissention to the election that produced Jonathan, as they expressed reservations to his government which they believed merely usurped the slot due to the North through alleged political subterfuges. Although, the spate of unrest in some parts of the North has never been linked to any of the presidential aspirants, there is a general belief that, had the political juggernauts rallied round President Jonathan in the present critical moments in Nigeria, the activities of Boko Haram, which have been occasioning killings and destruction of properties in some parts of the North, would not have got to the peak. Worst still, since President Jonathan took the oath of office on May 29, none of the northern presidential aspirants had been seen around the corridors of power, courting the president in any form. Their resolve to stay aloof appears very conspiratorial in a manner that suggests that they are only keen in watching the outcome of their distaste with the present government.
Although the presidential election, held in April, had been lost and won, there are reasons why eyes cannot go off the northern presidential aspirants, given the tendency of each one of them to bounce back to make more statements in the politics of immediate future of Nigeria.
Ibrahim Babangida
The Minna-born General has been consistent in sticking to the standpoint of the northern elders on zoning of political offices. He had surprised Nigerians, most especially his supporters, when he backed out of the 2011 presidential race in support of the consensus candidate by the North.
There were times Babangida went out of his way raise voice against the manner the ruling PDP swept the issue of zoning under the carpet.
Not too long ago, when members of the House of Representatives jettisoned the zoning principle by the PDP to elect Aminu Waziri Tambuwal as Speaker, Babangida came out of his shell immediately to offer a congratulatory message and took a step further to lampoon PDP for creating chances for such rebellious tendency demonstrated by Tambuwal and his supporters.
Babangida has since been keeping to himself, while cutting short his usual vivacious movements around power. Although there were reports that Babangida had said goodbye to presidential contest in the future, yet, given his unassuming nature, it is not clear whether or not Nigerians could hold him to that.
Aliyu Gusau
Gusau, among the northern presidential aspirants, presents the most interesting story, given his present attitude to the government of President Jonathan. He was obviously the closest to Jonathan, having served as the National Security Adviser (NSA) in his government. Yet, he was the first to pull away the moment he declared his ambition to be president through the 2011 presidential election.
Gusau believes in the northern cause and did everything possible to support it by suspending his aspiration to support the Northern consensus candidate. But unlike IBB, Gusau has been most taciturn since the end of the presidential election, and had not been seen, not even once, around the corridors of power where he had work for most part of his service years. It is doubtful whether Gusau, referred to in security circles as the Spy Master, had made contributions to the myriads of security challenges confronting the Jonathan government of late. Gusau is never known as a man of speeches, neither is he known as a man who loves the klieg lights, yet, the former NSA is unpredictable too. Gusau has sufficient time to make up his mind whether to make his third shots at the presidency or not by 2015, that is if age would allow him to do so by then.
Atiku Abubakar
It is not in doubt that Atiku Abubakar spearheaded the fight for the North to regain power in 2011. His past and present political antecedents have depicted him as a fighter, starting with when he confronted his former boss, Olusegun Obasanjo, on the question of ambition. It was by sheer political wizardry that Atiku outsmarted other northern presidential aspirants to emerge as the consensus candidate for the North during the April presidential election. He made no pretences about his preparedness to take over the presidential power from Jonathan in April, even up to the manifesto night when he carpeted the president vigorously. Since he lost the primary, Atiku has wound down his vibrant campaign organisation to keep a low profile. He only comments on political matters, just any time he felt the necessity. There is no underrating the former vice-president when the game of politics is involved. A foxy politician, Atiku fought valiantly from the zone of political relegation before the April presidential election to regain fame and form. He made a dramatic entry into the presidential race after re-aligning with PDP and eventually picked the nomination form.
The incumbent president and his supporters had to deploy state arts and guile in politics to subdue him in the process. The antics by Jonathan and his spin doctors really destabilised Atiku during the election. Given the advantage of age, Atiku holds a great prospect in taking another shot at the presidential seat in 2015.
Bukola Saraki
With a successful stint in government after eight years as governor of Kwara State, Bukola Saraki took a shot at the presidency in 2011. It was the best option available to him. He had mounted a robust campaign to actualise his presidential dreams, as he deployed tact and wits all the way. At a time it was difficult for the North to pick a consensus candidate, Saraki came with a proposal that he should be considered as the best option, flaunting age advantage, sound education and youthfulness as his strong points. Yet, he aligned with the decision of the northern elders to pick a consensus candidate.
After the presidential election, Saraki contested and won election into the Senate. That has afforded him the scope to widen his political horizon and also the time to re-strategise politically. If he resolves, at the end of the day, to take another shot at the presidency in 2015, Saraki really has age to count on. His disposition to political issues in the Senate will determine the mileage he will gain in the future politics of Nigeria. He is one politician that the North

Kebbi Central: Tribunal Declares Aliero Winner

17 Aug 2011
201--Adamu-Aliero.jpg-201--Adamu-Aliero.jpg
Senator Adamu Aliero, former FCT Minister
 

The National and State Elections Petition Tribunal sitting in Birnin Kebbi, Kebbi State Tuesday, nullified the election of the Senator representing Kebbi Central senatorial district, Senator Abubakar Atiku Bagudu, and declared former governor of the state, Senator Adamu Aliero, as the winner of the election.

The tribunal also ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return from Bagudu and issue it to Aliero as the lawful winner of the election.
Aliero was former Minister of the Federal Capital Territory (FCT).

Chairman of the tribunal, Justice Alero Edodo Eruaga, along with Justice Muhammad Inuwa Ali, and Justice Adedotun Grace Onibokun, in their 19-page ruling, said the application brought by Bagudu, the Peoples Democratic Party (PDP) and INEC for the tribunal to set aside the July 30 invocation of paragraph 18(11) lacked merit.

Before Tuesday’s ruling, the tribunal had on July 30, this year, invoked paragraph 18(11) of the Electoral Act on Bagudu, PDP and INEC for their failure to produce the report of their inspection of polling materials before the tribunal whereas Aliero and the Congress for Progressive Change (CPC) complied.According to him, the argument of the respondents as regards the issue on report of  inspection material had been contradicted, thereby compelling the tribunal to dismiss it.

“Election petitions are distinct from the ordinary civil proceedings. It is such that in certain circumstances that slightest default in complying with a procedural step which otherwise could either be cured or waived in ordinary civil proceedings could result in fatal consequences to the parties, these averment were neither contradicted and/or controverted nor was there an opposition to the written addresses.

“It is trite that were depositions in a counter affidavit are not specifically denied by way of a further affidavit in support of an application such evidence or deposition in the counter affidavit will be deemed as the truth of the matter and the court can act   on it,” he said.

“That a lack of reaction contrarily to the submission of counsel is deemed to be a concession to the point of being made. Based on the above principles of law we hereby affirmed our judgment of July 30, this year, and order the 3rd respondent to withdraw the certificate of return issued to the 1st respondent, Senator Abubakar Atiku Bagudu, of the Peoples Democratic Party (PDP) and issue a Certificate of Return to the 1st petitioner, Senator Muhammad Adamu Aliero of the congress for progressive change as the lawful person to represent Kebbi Central Senatorial District of the Federal Republic of Nigeria,” Eruaga averred.

The judge reminded the parties that the jurisdiction of an Election Tribunal to deal with election petition was a very special nature different from that of an ordinary civil case, adding that: “It is plain that the proceedings are special for which special provisions are made under the constitution.”

Money Laundering: Danjuma Wants Sen Uzamere Prosecuted

Jeremiah Emmanson's picture
Wed, 17/08/2011  | TONY AMOKEODO
Daisy Danjuma
Senator Daisy Danjuma has urged the attorney-general of the federation and minister of justice, Mr. Mohammed Adoke (SAN), to prosecute an Action Congress of Nigeria (ACN) member of the Nigerian Senate, Senator Ehigie Uzamere, for his alleged involvement in impersonation, bribery, corruption and money laundering.
In a petition dated July 26, 2011 and addressed to the AGF, Senator Danjuma further alleged that Senator Uzamere had been referring to himself as an ‘architect’ when he had no qualification to that effect.
According to the petitioner, in spite of the fact that Senator Uzamere is not a registered member of the Architects Registration Council of Nigeria, he has continued to make use of the title of ‘Arc’.
The petition, which was made available to LEADERSHIP yesterday, was also copied to the Senate president, Senator David Mark, the chairman of the Economic and Financial Crimes Commission (EFCC), Mrs Farida Waziri and the registrar, Architects Registration Council of Nigeria.
Senator Danjuma further drew the attention of the AGF to the fact that the regulatory body of architects had disowned Senator Uzamere in a letter dated May 25, 2011 and confirmed that, “We did not have the name of Mr. Ehige Uzamere in our register of architects entitled to practice in the Federal Republic of Nigeria. He is therefore not entitled to use the appellation ‘Arc’ as provided by the Architects (Registration etc) Act Cap A19 Laws of the Federation of Nigeria.”
She further urged the AGF to note that the ACN senator had flouted the provision of section 14 of the Architects (Registration etc) Act and should be prosecuted accordingly.
On the issue of bribery, corruption and money laundering, the petitioner urged the AGF to take judicial notice of the fact that Senator Uzamere and his firms were mentioned in the course of prosecution of certain persons for money laundering offences against the laws of England.
The petition reads in part, ‘In the course of those proceedings, it became apparent that Senator Uzamere and the said companies had been engaged in the distribution of bribes and related offences. While other persons who were implicated in the charge have since been convicted and had their assets seized by both the Nigerian and English courts, Senator Uzamere, on the contrary, in spite of being a central character in the bribery and corruption of public officials, instead of having his assets confiscated and he himself imprisoned, has been allegedly promoted into the Senate of the Federal Republic of Nigeria.
‘The Engilsh courts must look down on us that in spite of their own findings, that he not only continues to walk our streets a free man, but is branded a senator of the Federal Republic .‘
Senator Danjuma also attached the letter from the architects’ regulatory body and a copy of the judgement of the High Court of Justice, Chancery Division and Royal Court of Justice Strand London, dated December 3, 2007 as an annexure, to justify her claim.
Asking the AGF to take necessary action on her petition, Senator Danjuma said, “My purpose in this letter, therefore, is to appeal to you to set in motion processes to prosecute Senator Uzamere for offences which he himself has admitted in several statements to various law enforcement agents and which have been the subjects of adverse comments by foreign courts. It is my conviction and my hope that in the spirit of the rule of law, which is now taking root in the country, you will take a stand which will be a pointer to others like Senator Uzamere that crimes will no longer go unpunished in the country.”
 

Before Our Own Riots Start…

14 Aug 2011
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Simon Kolawole Live!: Email: simonkolawole@thisdayonline.com
Let’s be honest: we did not foresee the London riots. We did not foresee the arson and the looting. Many of us grew up thinking London was heaven, the best place on earth. Our parents and grandparents never ceased praying for us that one day, we would visit “Ilu Oba” (The Land of the Queen). Go to the UK High Commission and see crowds of young Nigerians desperately applying for visas. A frustrated cousin of mine called me last month seeking my approval and support to travel to London. He has graduated, done his youth service and has been applying for jobs for the past two years. There is no job in sight. He is downcast, completely tired of living off the goodwill of friends and family. “I want to travel to London. I don’t mind washing toilets to help out my widowed mother and my younger ones,” he said. If only he knew that “London” is not what it used to be and even toilet-washing jobs are now very hard to come by!
The London riots—which spread to other cities in England in a matter of hours—took many by surprise. The immediate cause, it seems, was the fatal shooting of Mark Duggan in Tottenham by the police. Duggan, who was riding in a minicab, died from a single gunshot wound to his chest. He was said to have been on the watch list of the Met Police. His family members and friends organised a peaceful protest to register their displeasure and seek justice. It initially went well. But then some young persons seized the opportunity to unleash mayhem, burning and looting at will. The gory spectacle shocked millions around the world.
Why did the people—most of them youths—resort to looting and arson? The UK Prime Minister, David Cameron, described the carnage as the handiwork of criminals. He said angrily: “And to the lawless minority, the criminals who have taken what they can get, I say this: We will track you down, we will find you, we will charge you, we will punish you. You will pay for what you have done.” In his opinion—and in the opinion of many British politicians and commentators—what happened on the streets last week should be considered as criminality, pure and simple. Some guys just gathered and started looting. And they will pay dearly for it. Cameron even spoke about poor parenting, poor discipline in schools, general lack of morals and an erosion of ethics and values. Not a mention of economic hardship.
If you hold a contrary opinion—say you suggest there is more to the mob action than a mere mind for criminality—you are likely to be accused of justifying the looting. It’s a delicate line. Labour MP Harriet Harman said government cuts were to blame for the riots; she was virtually slaughtered for this. Maybe she was being partisan, her party having been rooted out of power by the coalition of the Conservative Party and Lib Dems. It is easy to think Harman was just trying to play opposition politics. However, I align with her, partially. While I would not hold government cuts solely responsible for the carnage, I would say the warning signal had been there for a while but the politicians and economy managers refused to acknowledge it.
The Chancellor of the Exchequer, George Osborne, is your typical neo-liberal economist: cut social expenditure to the barest minimum; go for the jugular of subsidies; ignore public reaction as much as possible and continue to insist there is no alternative to your policies. With the global economic crises hurting consumption globally in 2008, the Labour government under PM Gordon Brown reduced VAT from 17.5 per cent to 15.5 per cent for 13 months to stimulate consumer spending. The coalition has since increased VAT to 20 per cent as it tried to plug the holes in public finance. But this had a negative impact on purchasing power. Yet, nobody seemed to pay attention to that.
The coalition government went on an expenditure-cutting spree. The youths were the worst hit. Their weekly benefits were reduced, thousands of jobs cut, civil service recruitment frozen and university tuition fees tripled (from next year, the fees could move from a range of £2,500-£3,000 to anywhere near £9,000). Student debts are mounting. University students have been demonstrating since the fee rise was announced, with some of them getting violent. Prince Charles and his wife, the Duchess of Cornwall, Camilla were once physically attacked, while a young student was imprisoned for throwing a fire-extinguisher at a building during the protests. These were signals of what was to come, but it was easily missed. Nobody seemed to pay attention.
Meanwhile, Britons watched as MPs piled expenses on expenses; taxpayers were made to pay for a lawmaker’s obsession with pornography. The expenses scandal was all over the newspapers. The bankers too, who ran their banks aground and were bailed out with public funds, did not give up their taste for insane rewards: many of them were still collecting fat bonuses, presumably for their recklessness, at taxpayers’ expense! Public anger was brewing but nobody paid attention. Resentment was rising. The politicians and economy managers went about their normal business, assuming perhaps that there was nothing to worry about.
For me, the Duggan murder was the tipping point. The initial demonstration, hough peaceful, offered an opportunity for pent-up anger to be let loose. The ensuing riots, we all know, had nothing to do with Duggan. There is no link whatsoever between the fatal shooting and the looting spree. But too many issues had piled up; too much resentment against government had been bottled up; too much anger had been residing in the recesses of the minds of the youths. Nobody paid attention to the warning signals that had been flashing. Suddenly, an unrelated event happened; suddenly, the youths had an excuse to go on the streets; suddenly, the criminally minded seized the opportunity to unleash terror on an otherwise peaceful, orderly society. I do not justify the crime, by any means, but something bred the anger. Something fed the crime. We should not ignore that as Cameron is trying to do. Yes, the gangs are criminal. But that is not all there is to this brigandage.
I have heard many Nigerians say this kind of riots cannot happen here. Our people are docile, they say. Even in the face of blatant looting of national treasury and economic hardship, Nigerians are going about their normal business as if they are enjoying the spectacle. Fela sang: “My people dey fear too much!” Beautiful Nubia added: “My people too dey suffer in silence. They will never talk until it’s too late for them.” I differ slightly. There were spontaneous riots all over the country in 1989—called SAP Riots. The immediate cause was the Ebony Rumours—the incredible allegations made against the then military president, Gen. Ibrahim Babangida, falsely claimed to have been published in the American magazine. But there had been pent-up frustration in the land: the rumours simply triggered an explosion. Since Nigerians have rioted once, they can riot again.
In the last 12 years, we have been inundated with reports of mindless corruption in public office. Billions of dollars stolen; emergency billionaires, who are nothing but money launderers and thieves, are walking on our heads. The roads remain in poor condition. Power supply is as horrible as it could be. Public schools are an eyesore. Jobs are so hard to come by. Out there, we have a lot of frustrated youths. I mix with them. I talk to them. I see their pains. Anytime they read stories about the jumbo allowances of the lawmakers, they are very bitter. When they hear of the billions of naira spent on power sector and yet we live in the Dark Age, they let out curses. I don’t know if they will take to the streets one day, burning and looting, but I know that the ingredients for a London-style upheaval are available. We should not ignore the flashing signals.
In a way, the riots have already started, but a different kind of riots caused by unemployment and idleness. The senseless kidnappings are a form of riot. There seems to be a belief that kidnapping the wife or children or mother of a public officer and the rich is a way of getting some benefit from the system. Boko Haram, militancy and motor park touting are forms of rioting. Nigerian politicians need to know that there is a lot of anger and frustration on the streets. Nigerians may look docile. But, let’s be honest: we never knew frustrated London youths would one day resort to looting over a matter that was basically none of their business. That is how resentment works.

And Four Other Things...

Fuel from Niger
Good news for Nigeriens—soon, they could be exporting petroleum products to Nigeria. It could be as early as December this year, according to the Nigerien President Mahamadou Issoufou. His target is Northern Nigeria, which he said would be getting supplies from the Zinder Refinery in Niger. We also learnt during the week that Chad has achieved sufficiency in local refining, meaning fuel importation has come to an end in that country. Where does this leave Nigeria? Many years ago, I did ask that since those who got refinery licences were not willing to build because of our regulated market, what should we do? Fold our arms and watch? I did suggest that government should build new refineries to achieve sufficiency in production, lease out the management and then sell off the companies later. The policy makers laughed at me. Six, seven years later, we’re still waiting for a new refinery to be built while we continue to burn billions of dollars on fuel importation. That’s Nigeria.
Lessons from UK Riots
A 20-year-old British soldier, Liam Bretherton, 20, is on trial after walking into a shop with a £2000 guitar moments after it was looted in Manchester during last week’s upheaval. The owner of the shop became suspicious when Bretherton offered the guitar for sale. He checked the serial number on the instrument, locked the soldier in the shop and called the police. He was eventually arrested and charged to court, where he was ready to plead guilty to “handling a stolen good”, claiming he bought it for £20 from a looter. He insisted he was not the one who looted the shop; he only bought a stolen item. The point I want to make here is: if it was Nigeria, the soldier would probably have resisted arrest, while his colleagues would have attacked the police station for daring to apprehend him. By the way, what has happened to those who killed the DPO and DCO at Badagry? Another case of “unknown soldier”?
…And the Jokes
Nigerians are quite witty, and the social media is offering them a good platform to display their skills. In the heat of the UK riots, many jokes were flying around on facebook, twitter and blackberry.  One said: “FG plans to evacuate Nigerian citizens from London.  Citizens reply: Mr President,รข€‹ thank you for your concern... we prefer the riot!" Another said President Goodluck Jonathan had called PM David Cameron and offered two detachments of MOPOL to help quell the uprising and stop the looting. For football followers, what about this? “Riots get to Old Trafford. Wenger caught on CCTV looting trophies!!!!”
Adios, Fabregas
One of the most prolonged transfer sagas in football history—Cesc Fabregas moving from Arsenal to Barcelona—will hopefully end this week. To football followers, it is one of the most bewildering moves ever. Fabregas, who was not homesick when he moved from Spain to England at the age of 16, is now homesick at 24! He is not guaranteed first-team football at Barcelona, with star performers like Xavi Hernandez, Lionel Messi and Andres Iniesta well-established in the first eleven, and Alcantara Thiago on the rise. Incredibly, Fabregas is reportedly taking a huge £5 million pay cut to make this move. Why? Given that Arsenal has not won a league title in seven years, Fabregas' motivation is very clear: he wants to win trophies—even if it means sitting on the bench like Aleksander Hleb, another gifted one who left Arsenal for Barcelona and won five trophies the following year, virtually without kicking a ball!