Hope dims for Salami •As NJC dumps reinstatement option

By Lanre Adewole, A

Justice Ayo Salami

USTICE Ayo Isa Salami’s hope of regaining his seat as the president of the Court of Appeal hit a dead-end on Thursday, with the National Judicial Council (NJC) reportedly concluding that his reinstatement could not be considered due to the pending suits on the matter. Expectations were high that the council might recall him on Thursday, due to its claim that it had exclusive power to reinstate him without presidential inputs.
Salami was suspended by the council on August 18, 2011 for misconduct and pardoned on May 11, 2012, with the council sending a yet-to-be replied memo to President Goodluck Jonathan to return him to office.
Though the council reportedly kicked against its deliberations and decisions getting into the media, Nigerian Tribune still gathered from an insider that when the issues surrounding Salami’s continued stay out of office, despite the pardon, came up, majority of the members were said to argue against any steps leading to his resumption in office, due to the pendency of three different cases on the matter.
Apart from the suit instituted by him challenging his suspension and seeking to determine his lawful employer, both the suit in his favour by the group and one against him by the national secretary of the Peoples Democratic Party (PDP) and ousted governor of Osun State, Prince Olagunsoye Oyinlola, were still pending in various courts and at different stages.
The council members reportedly argued against making any moves that would undermine the courts hearing the suits and, by extension, the judiciary.
It was reportedly unanimously agreed that all issues relating to his return should be put in abeyance until all the cases were concluded; thereby going the way of Jonathan, who insisted that the council’s resolution could only be implemented after all cases were disposed of.
It was also gathered the council asked the acting president of the court, Justice Dalhatu Adamu, to excuse the gathering while Salami’s issue was discussed, since it was taken alongside his continued stay in office in acting capacity.
LibertyReport

Uti Nwachukwu allegedly in hot romance with Beverly Naya

It seems rumours that Big Brother Africa winner Uti Nwachukwu is gay can now take a back seat, as NET has gathered that the TV show host and ‘man about town’ may be in a secret relationship with actress Beverly Naya.
Although many people have tried to link Uti to some women before now, no one has ever been able to make it stick, which then spurred the gay rumours, especially because of his closeness to his pal Alex Ekubo.
The NET’s sources say the romance between Uti and Beverly has been going on for a while, and although they’ve been spotted at the same events a few times, both have done a fantastic job of keeping their relationship away from the public.
Although we could not immediately independently confirm this, those close to him tell us that Beverly, who relocated to Nigeria from the UK, is known and welcome at Uti’s family home and ‘is well loved by his family and friends’.
The actress hit the limelight a few years ago after playing the lead role in the movie ‘Home In Exile.’ She also featured in EME act Banky W’s music video for the song “Follow You Go.”
At Uti’s birthday party earlier in the year, which he celebrated with a group of Nigerian widows at the Calabar Hall in Surulere, when asked when he would be getting married, he replied that it may just happen soon, as one could never tell. Is it possible he’s found his bride?
We’ll keep a tab on these two, to see what unfolds.
 DailyPost

Abuja Court to decide if Jonathan will contest for presidency in 2015

An Abuja High Court sitting at Maitama, will today, determine whether President Goodluck Jonathan is eligible or not to contest Presidency in 2015.
It was an aggrieved member of the Peoples Democratic Party, PDP, Mr Cyriacus Njoku, that approached the court, asking it to go ahead and determine “whether Section 135(2) of the Constitution, which specifies a period of four years in office for the President, is only available or applicable to a person elected on the basis of an actual election or includes one in which a person assumes the position of President by operation of law, as in the case of Dr. Goodluck Jonathan.”
Likewise, a seven-man panel of Justices of the Supreme Court has fixed December 14, to deliver judgment on another suit seeking to nullify the April 16 general election that brought President Jonathan to power.
The suit was filed before the apex court by the National Democratic Party, NDP, which is alleging that the Independent National Electoral Commission, INEC, violated several provisions of the Electoral Act, 2010. The party contended that the second timetable the electoral body used for the general election was illegal, null and void.
Meantime, in his suit, Cyriacus who said he intended to vie for the Presidency in 2015, is also urging the high court to determine “whether Section 137(1) (b) of the Constitution, which provides that a person shall not be qualified for election to the office of President if he has been elected to such office at any two previous elections, applies to the first defendant, who first took an oath of office as substantive President on May 6, 2010 and took a second oath as President on May 29, 2011.”
He is seeking a declaration that ‘the President’s tenure of office began on May 6, 2010 when his first term began and his two terms shall end on May 29, 2015 after taking his second oath of office on May 29, 2011; and by virtue of Section 136 (1) (b) of the Constitution, no person (including the first defendant) shall take the oath of allegiance and the oath of office prescribed to in the Seventh Schedule to this Constitution more than twice.
Meanwhile, both President Jonathan and the PDP, in separate preliminary objections they filed against the suit, described it as “frivolous and highly vexatious,” saying it ought to be dismissed in its entirety as grossly lacking in merit.
They contended that the plaintiff failed to disclose any reasonable cause of action that precipitated the suit, insisting that Jonathan is currently doing his first term of four years in office as the President of Nigeria as provided by the 1999 constitution as amended.
According to the PDP, “President Jonathan’s status and position is formidably backed by the 1999 constitution. The constitution of Nigeria only makes provisions for a president to contest for not more than two terms of four years each. The constitution recognizes the President’s tenure of office to be four years.”
PDP further maintained that Jonathan had not indicated or announced anywhere whether in words or in writing that he would contest for the presidential election in 2015, adding that the plaintiff lacked the locus-standi to seek for such declarative orders against Jonathan.
Similarly, Jonathan, through his consortium of lawyers led by Chief Ade Okeaya-Inneh, SAN, maintained that the 1999 constitution, as amended, permits him to contest for not more than two terms of 4-years each.
In a15-paragraph counter affidavit that was deposed on his behalf by a lawyer, Mr Osahon Okeaya-Inneh, Jonathan said he was yet to indicate or announce anywhere that he would contest for presidency in 2015, just as he dismissed the suit as an academic exercise.
In the counter affidavit entered against the suit, counsel to Jonathan averred: “I am a counsel in the law firm of Ade Okeaya-Inneh and Co. Counsel to the 1st defendant in this suit, by virtue of which I am conversant with the facts of this case
“I have the consent and authority of the 1stdefendant/respondent to depose to this affidavit
“When my law firm was briefed by the 1stdefendant to represent him in his action, I, together with Mr Mattew Aikhionbare (senior special assistant to the President) and Dr Reuben Abati (special adviser on media and publicity to the President) meticulously went through the 11-paragraph affidavit of the plaintiff in support of his originating summons.
“The 1st defendant is currently doing his first term of 4 years in office as the president of Nigeria as provided by the 1999 constitution as amended. The 1st defendant status and position is formidably backed by the 1999 constitution.
“The constitution of Nigeria only makes provisions for a president to contest for not more than 2 terms of 4 years each. The constitution recognizes the Executive President’s tenure of office to be 4 years.
“I was informed by Dr Reuben Abati on the April 4, 2012 at about 5.30 pm in his office and I verily believe that. ‘The 1stdefendant has not indicated or announced anywhere whether in words or in writing that he will contest for the presidential elections to be conducted in 2015.
“The Late President Umaru Musa Yar’Adua contested and won the presidential elections conducted in 2007 for a one term of four years. He was the president from May 29, 2007 until sometime in May 2010 when he passed on. Yar’Adua’s four years was to end in 2011.”
Jonathan further told the court that on May 6, 2010, he was sworn in as the president after the demise of the Late President Yar’Adua thereby completing Yara’Adua’s 12 months of the 4 years tenure, stressing that this is the first time he is coming to power as the president of Nigeria through a conducted election wherein he was voted as the presidential candidate of his party, the PDP.
He said the plaintiff neither attached copies of his recent tax clearance certificate from the Federal Inland Revenue Service, FIRS, nor his PDP membership card as proof of who he claimed to be.
Therefore, he beseeched the presidingJustice Mudashiru Onyangi to terminate hearing on the suit he said was meant to make the court labour in futility.
Remarkably, this is the second time the plaintiff, Njoku is dragging President Jonathan to court with a view to thwarting his political ambitions.
It will be recalled that he had in August 2010, attempted to stop the PDP from allowing Jonathan to participate in the PDP presidential primaries of January 2011.
Njoku, from Zuba Ward in Gwagwalada Area Council of Abuja and with PDP registration number 1622735, had previously urged the court to ask the PDP to respect its principle on zoning formula in line with Article 7. 2(c) of the party’s constitution.
He had insisted that the declaration of Jonathan (third defendant) to contest the presidency on the PDP platform was contrary to Article7.2(c) of the 2009 Constitution of the PDP, as amended.
However, the Chief Judge of the FCT High Court, Justice Lawan Gummi dismissed the zoning suit, thus paving way for President Jonathan to emerge as the flag bearer of the party in the last general elections.
 DailyPost

Mimiko is operating three secret bank accounts – Independent Campaign Network

Just few days to Ondo State Governorship election, it has just been discovered that the incumbent Governor who is also the Labour Party Candidate, Dr. Olusegun Mimiko has opened three secret accounts with three banks in the state.
A group, Independent Campaign Network [ICN] who is working for the Action Congress of Nigeria [ACN] alleged that these three bank accounts were opened sometimes in 2009 and 2010.
It alleged further that Mimiko deliberately opened this account in order to siphon the state’s funds and also divert it to his personal pockets
Revealing this during a Press Briefing at the ICN Party Secretariat In Akure, the State Capital, the Director, Communication and Strategy of the Bureau, Mr. Bosun Oladimeji who also produced the alleged documents on how Mimiko’s government recklessly looted the state, said the LP Governorship candidate must as a matter of urgency put an answer to these allegations.
Oladimeji alleged that the three accounts secretly operated by the ruling LP’s government were opened at Zenith Bank, FCMB and Intercontinental Bank [now Access Bank].
His words, “Mimiko in his first state broadcast introduced secret account into the lexicon of Ondo State politics when he alleged that former Governor Olusegun Agagu and late Obolo, a special Assistant to Agagu on Millennium Development Goals [MDGs] projects. No sooner he came on board that he opened the following Accounts; secretly to indulge in the same act he accused his predecessor.
“The account was operated between February 2009 and January 2010 numbered 1011087392 Zenith Bank PLC. Through this account, recurrent expenditures and security votes were carried out. N100million was collected with a Zenith Bank Plc, Akure Cheque number 00014375 by the Pay Master [PM] [Mr. Philip] of Government House on July 24, 2012 which was the eve of the illegal public declaration of Mimiko for second term held on July 25”.
The ICN media director said they got their information from a source in the Accountant General’s Office with enough documents to expose Mimiko’s ill administration.
He added “before the advent of Mimiko’s administration, the immediate past government operated an Intercontinental Bank Account for Capital projects but immediately Mimiko came on board, new account 0409241025 was opened at the FCMB PLS with influence of his brother in-law Femi a.k.a Smokey acting as the account officer. The account is used for the collecting of monthly VAT from the federation Account. The monthly VAT accruable in the account is in excess amount of N15billion as deposit. The monthly VAT accruable in the account is in excess of N653million.
“The former Intercontinental Bank Account [Now Access Bank] is being used for the draw-down of the N50billion secret bond secured from the capital market. As at now, N7billlion has released to the state government while another N10billion was also released to the ministry of works. Yet no road has been commissioned by the state government since 2009.
Oladimeji also revealed the alleged fraud behind the Direct Labour Agency introduced to the state by the present Mimiko’s administration.
According to him, “Mrs. Bolaji Tunde Suara, the Senior Special Assistant to Mimiko on Direct Labour Agency [DLA] has mismanaged over N75million on the two-Ultra Modern Mechanic Village at Oda road, Akure [work done zero] abandoned while the Ondo Road Mechanic Village was valued at just N45million. The projects lack no bill of quantity, no architectural drawing and no approval.
“Mimiko who claimed that he renovated Odopetu, Okelisa, Isolo Markets, built during Agagu’s administration with N100million and you can check the state Budget 2010 and 2011 budgets which was published by Ministry of Budget and Planning.
“N400million injected to Arigidi Tomatoes Company. Top political appointees from the Chief of Staff, the Commissioner for Commerce and Industries, Frank Sheen and the Company MD Mr. Adebayo looted the N400billion that was why Ondo State citizens have only seeing the picture of the Arigidi Tomatoes industry shown on NTA Abuja”.
However, ICN spokesman urged the electorate to vote out the present administration in order to save the state from the financial recklessness of Mimiko’s government.
DailyPost

BREAKING News: Ondo Police Commissioner replaced

New Ondo State Commissioner of Police Mohammed Ndabawa

Report from Abuja says the Inspector General of Police, IGP, Mohammed Abubakar has replaced the Ondo State Police Commissioner with Mr. Mohammed Ndabawa.
He is to assume duties immediately.
Until his transfer to Ondo State, he was the Police Commissioner in Rivers State. He replaces Danladi Mshebwala.
Attempt to confirm the update at the state’s police headquarters was not successful as at press time.
The IG had earlier yesterday withdrew all police orderlies attached to political office holders in Ondo State just as he announced restriction of movement into the state from this evening.
 LibertyReport

Countdown to Saturday election, opposition accuses Mimiko of taking Ghana-Must-Go from house-to-house

Accusations and counter accusations have taken over with regard to the October 20 election. A member of the ACN, Adebayo Olumide claimed he saw loads of the notorious Ghana-must-go being taken from house to house in Oke Aro area of Akure earlier this morning as he alleged that the Labour Party was sharing money to would be voters.
Adebayo insisted that he confirmed from an insider that the governor had allegedly released N4.5billion for the voters’ buying exercise.
Some people also claimed that they have witnessed similar scenes by the Labour Party in Owo, the base of the ACN candidate.

Money was allegedly shared by supporters of Mimiko in AKure, Owo and some other locations to buy votes

Meanwhile, Damisi Ojo had ealier reported that a Labour Party (LP) chairmanship aspirant in Ese-Odo Local Government, Mr.Festus Dabo, his brother, Peter Dabo and two others were reportedly arrested by the police at Igbekebo riverine area for allegedly printing voter cards.
According to him, it was learnt that the suspects were apprehended at a cyber café owned by another LP bigwig.
Ironically, the Labour Party under Olusegun Mimiko had been the most vocal to accuse opposition of buying votes or voters’ cards.

LibertyReport

Governor Oshiomhole Signs Death Warrant Of Unmanageable Death Row Inmates

Governor Adams Oshiomhole

By Peter NKANGA

Governor Adams Oshiomhole of Edo State has signed the death warrants of two prisoners on death row, international rights groups said today.
The state’s Attorney General, Osagie Obayuwana, told Amnesty International today that Mr. Oshiomhole signed the execution warrants two weeks ago following a request from prison authorities. Edo State prison authorities reportedly complained to the governor that death row inmates involved in a recent jailbreak incident had become “unmanageable.”

Mr. Obayuwana explained that the two prisoners to be killed were convicted of murder, for which Nigeria’s laws prescribe the death penalty. Mr. Obayuwana did not provide the complete identities of the two prisoners, but said the date of the execution was at the discretion of prison authorities. He added that Mr. Oshiomhole also reviewed the cases of four other death row prisoners, and decided that two should have their sentences commuted to life imprisonment while two are to be released.

Celine Lemmel, a representative in Nigeria for the human rights group Avocats Sans Frontieres (ASF France), today released a statement in which he identified one of the soon-to-be-executed prisoners as Callistus Ike. Mr. Ike, an inmate on death row in Enugu Prisons, was recently brought to Benin Prison to be executed. A source at the Benin Prison disclosed that the gallows were recently inspected in preparedness for an eventual execution.

Lucy Freeman, Amnesty International’s deputy program director for Africa, called Oshiomhole’s signing of the death warrants under the pretext of controlling unmanageable inmates as “a deep disrespect for the judicial process.”

Ms. Freeman disclosed that both prisoners slated for execution were among 840 inmates who filed an appeal through the Legal Defence and Advocacy Project (LEDAP) in March 2010. An injunction granted by the court upholding the appeal was however lifted in April 2012. LEDAP immediately filed another appeal that same month following the court's decision. A decision on that appeal is pending, she said.

“The inmates are part of an ongoing appeal. The execution of a prisoner when the execution of the sentence is still under challenge in the courts is a flagrant violation of human rights,” Ms. Freeman said.

Since the last official execution in Nigeria in 2002, there has been a de facto moratorium on executions, Avocats Sans Frontières France said. The organization recalled that the 2004 National Study Group on Death Penalty advised to put a moratorium on executions and abolish the death penalty in Nigeria.

Mr. Oshiomhole’s action comes at a time many countries around the world, including in Africa, have ruled mandatory death sentencing as unconstitutional, Amnesty International said.

“The signature of warrant of executions in Edo State proves that the situation remains very fragile and that actions need to be continued,” Avocats Sans Frontieres said.
Saharareporters