Tribunal Admits More Exhibits against Oshiomhole

Omololu Ojehomon-Ogbeni

The resumed hearing of the Edo State Election Petitions Tribunal at the weekend admitted more exhibits as evidence in the petition filed by retired Major General Charles Airhiavbere in the case which he instituted before the tribunal challenging the declaration of Comrade Oshiomhole in the July 14 poll.

Airhiavbere’s petition is alleging that the Edo Governor does not possess the requisite academic qualifications and that the elections were filled with electoral malpractices.

At the resumed hearing, the tribunal admitted two documents: the Western Region of Nigeria Gazette No 17, Volume 5 of April 5, 1956 and the Tribune Newspaper of July 12, 2012 as exhibits.

The Gazette admitted in exhibit provides that a child must attain the minimum age of six years before being admitted into primary school.

While testifying before the tribunal, Airhiavbere agreed that he did not win his polling unit or local government at the election; he said that was why he was in the Tribunal to contest the outcome of the election.

The witness agreed with Counsel to the Respondent, Chief Akintola that although he was not present at the over 2,627 polling units in the State, he relied on what he was told by the party's agents across the State.

In response to a question from Ken Mozia (SAN), Counsel to the ACN, Gen. Airhiavbere disagreed that the documents presented by the first Respondent, Comrade Adams Oshiomhole from Ruskin College, Oxford University from where he bagged a Diploma in Labour Studies and another issued by Ahmadu Bello University, Zaria, were certificates, insisting that they were ‘mere documents’.

Earlier, there were legal fireworks between the Plaintiff's Counsel, Chief Efe Akpofure (SAN) and Counsel to the 1st, 2nd and 3rd Respondents, Messers Niyi Akintola (SAN), Prince Adetunji Oyeyipo (SAN) and E.R. Emukperhuo on the admissibility of clippings of the Nigerian Tribune of 12th July 2012 and Western Regional Gazette and maps of 1956 as exhibits.

While Chief Akintola, Oyeyipo and Emukperhuo agreed that the documents in question must be pleaded and listed, they however added that the tendering of the documents by the Petitioner was a classic case of the abuse of Court process.

They submitted that under Order 20, Rule 3 of the Federal High Court and under the 4th Schedule of the Electoral Act 2010 as amended; such documents must be filed along with the petition and must not just be listed.

According to Akintola, "we did not oppose earlier documents sought to be tendered because we knew they were listed and pleaded. But in this case, they left everybody at sea on what national newspaper they were talking about. There are conditionality’s that must be met, but this was not done in this case. “It is against the rule of pleadings, it's very inchoate. No map or gazette was listed in the petition, and I therefore urge the Tribunal to reject the documents and throw them out through the window."

On his part, Counsel to the Petitioner, Chief Akpofure, submitted that there was a gross misconception by Counsel to the Respondents in relation to the Court process.

He said the authorities cited by them were grossly inapplicable to the circumstances of the proceeding before the Tribunal, adding that the case of the Petitioner was that the first Respondent was not qualified academically to contest the election at the time he did.

He therefore asked the Tribunal to admit the documents as exhibits.

In his ruling, the Tribunal Chairman, Justice Muazu Pindiga, said after "considering the submission of Counsel and our attention being drawn to the ruling of the Tribunal and mindful of the Court of Appeal ruling, it is our view that the issue be viewed with caution. We therefore admitted the documents to be tendered as exhibits."

Airhiavbere also speaking before the tribunal as evidence in chief while reacting to a question from Counsel to Governor Adams Oshiomhole, Chief Adeniyi Akintola (SAN), said he was never forced to retire from the army by the Nigerian Army Authority.

According to him, "I retired meritoriously from the Nigerian Army after serving for 37 years instead of 35; from boy soldier to officer. I retired from the army unblemished. I also served as a diplomat for this country in Washington DC. I have never been detained or found wanton throughout my duties in the Army."

The tribunal presided over by Justice Muazu Pindiga adjourned the matter till Wednesday, December 5 for the Respondents to call in their witnesses.

IS SAINT BOLA TINUBU,THE ACN LEADER, A BRAZEN KLEPTOMANIAC OR A GENIUS ?

by: Danny Iyobhebhe

1. 4, Oyinkan Abayomi (formerly Queens) Drive, Ikoyi: A 5-bedroom detached house on one acre of land which was originally the Lagos State Governor’s guest house since 1979, but which now belongs to Tinubu. The certificate of occupancy of the property valued at N450 million was signed and released to him by Fashola in 2007 shortly after he assumed office.

2. Tinubu’s residence at 26 Bourdillon Road, Ikoyi was initially falsely presented as Oando Plc Guest House. Later, he purportedly bought it from Oando, and used public funds to rebuild and renovate it. The Lagos State Government bought the property and paid an undisclosed sum to him and thereafter gave the property back to him under the bogus Pension Bill he signed to law shortly before he left office in 2007. The property is worth over N600 million.

3. The annex of the Lagos State Guest House in Asokoro, Abuja was bought by the State Government in 2006 for N450 million, purportedly to protect the main house from security breach. Shortly after Tinubu left office, the property was transferred to him under the pension plan he signed into law before leaving office.

4. The 250-hectare land valued at about N35billion and strategically located at the Ajah junction on Lekki Road was initially meant for a General Hospital for the people of Eti-Osa Local Government but was stolen by Tinubu and handed over to Trojan Estate Ltd – a company owned by Deji and Wale Tinubu – to develop as Royal Garden Housing Estate at the expense of the taxpayers of Lagos.

5. The 1,000 hectares of land valued at about N75billion located at Lakowe near Abijo at Ibeju-Lekki Local Government and given to Lekki Concession Company (LCC) which is partly- owned by Tinubu and Fashola and being developed as golf course and housing estate by Assets and Resource Management Ltd (ARM) as ADIVA project.

6. The prime land of 157 hectares with 2.5km of Atlantic beachfront valued at about N10billion and stolen by Tinubu from the communities of Siriwon, Igbekodo, Apakin, etc in Ibeju-Lekki Local Government and given to Ibukun Fakeye – his crony to build a golf course and luxury villa with little or no compensation to the villagers. In addition, Tinubu paid $20million (N3billion) out of public treasury to Ibukun Fakeye to commence the project in late 2006. Fashola has since released additional funding for this project, which is not owned by the state government.

7. The 14-hectare Parkview Ikoyi Estate foreshore land reclaimed by Lagos State Government is now owned by Bola Tinubu.

8. While in office, he allocated to himself the former Strabag yard beside the Lagos State Secretariat at Alausa, Ikeja. The property is now being developed into a shopping mall as big as the Palms in Lekki. This is public property brazenly stolen and now owned by Tinubu, aided by Fashola.

9. The choice property at Lekki-Epe road on which he built and owns the multi-billion naira Oriental Hotel and the extension of multi-storey car park beside it. Also, the multi-level recreation centre by Mobil in Oniru Estate on Lekki-Epe road jointly owned with ARM and Tunji Olowolafe. All these assets valued at over N25billion were obtained without paying a kobo to the Lagos State Government.

10. Tinubu and Fashola sold the following prime Lagos properties to their personal friend and front – Prince Dipo Eludoyin at very ridiculous prices:
• The 3.8-hectare of land of Lagos State Fisheries office in VI (beside the Institute of Oceanography) valued at N3billion.
• The fishery landing jetty at Badore (where the Ilubirin fishermen were to be relocated) valued at N500million
• The entire Ogudu foreshore scheme initially earmarked for a low-cost housing scheme valued at N5billion
• The Ilubinrin housing estate (which used to house Lagos state civil servants and judges up till 2007) valued at N2.5billion.
• The former Julius Berger yard at Oko Orisan, Epe valued at N450million.

11. Tinubu raised a loan of N4.7billion on Eko Akete project for which nothing was achieved before he turned around to sell the property to his Chagouri friends of Chagouri & Chagouri and Hitech Construction Ltd at a ridiculously low price at the expense of the taxpayers of Lagos.

12. Tinubu applied to personally purchase the Federal Secretariat building while in office. When he couldn’t get to buy it, he directed Fashola to stop the eventual owner of the complex to develop it. The complex is presently wasting away courtesy of the Lagos State Government.

13. It took several months of horse trading and underhand payments before Fashola could allow the new owners of 1004 flats to redevelop the complex.

14. Several other buyers of Federal Government properties and developers of properties in Ikoyi, Victoria Island and Government Reservation Area Ikeja were forced to succumb to the outrageous demands of Tinubu, Fashola, Commissioner Abosede and other officials of the Lagos State Physical Planning Ministry and were made to pay ridiculous amounts to private accounts before their redevelopments were approved. Those who refused or were unable to pay could not develop their properties. This is a major economic strangulation of property developers and has contributed largely to the skyrocketing rent in Ikoyi, VI and Lekki axis.

15. Tinubu converted all the plots of land where Lagos Polytechnic was located at Ikosi near the old toll gate. He chased away the Polytechnic in 2006 and went ahead to locate the choice plots to himself, his cronies and political associates. The headquarters of Television Continental (TVC), which is owned by him, is located there. He deprived the youths of Lagos of decent education because of his greed.

16. Tinubu singlehandedly sold the prime land on Aboyade Cole, Victoria Island which was recovered from some allotees, to UACN Properties Plc. The amount of proceeds was shrouded in secrecy.

17. Eludoyin, fronting for Tinubu, built the estate directly opposite Goshen Beach Estate in Lekki area.
18. Tinubu’s wife, Remi Tinubu, built the massive New Era Foundation youth camp at the junction of Eleko, off the Lekki-Epe express road, with Lagos State funds and has now converted it to personal use.

19. Tinubu owns the Fara Park Estate and the Beach Wood Estate both in Lekki.

20. The Critical Care unit at the Lagos State University Teaching Hospital (LASUTH) in Ikeja, built and equipped with state funds, is now owned personally by Tinubu. He has put one Dr. Sikiru Tinubu, (a supposed cousin of his) to run the outfit. It is run as a private unit and the proceeds are pocketed by the duo. The unit charges its users exorbitantly and most Lagosians can hardly afford to pay its high charges. Much of the revenue is derived from fees paid by the State Government for patients referred there by its General Hospitals.

21. Several prominent Nigerians in the judiciary, police, INEC, and other sensitive agencies have obtained prime land from former Governor Tinubu and incumbent Governor Fashola over the years without paying a kobo. Many of them had turned around to sell the land to third parties at substantial profit. Many top officials in the police, INEC and the judiciary who participated in the 2003 and 2007 elections and tribunals in states where Tinubu has interest were compromised with parcels of free prime Lagos land and cash. If the Lagos State Land’s Bureau could publish the names and identities of beneficiaries of land allotees from 2000 to date, the scandal that will result is better imagined. Gbenga Ashafa, now a Senator, and Mrs. Awofisayo were the conduits through which these acts were being perpetrated. Both were also personally involved in various dubious land transactions on their own.

22. Prime land and properties have been used to pay off public officials who are personally close to Tinubu and Fashola for “jobs well done” or for being privy to sensitive information, notably:
(a) Dele Alake, former Commissioner for Information and Strategy, was sold a whole house on Alexander Road, Ikoyi where he lived as official quarters at a give-away price

Kidnappers kill girl, 4, policeman in Benin

 by: Osagie Otabor

A four-year-old girl and a policeman were yesterday killed in Benin, the Edo State capital by kidnappers.
The girl was shot in the head when her mother ran into the kidnappers on Akpakpava road.
Eyewitnesses said the kidnappers came out of their getaway vehicles, which were stuck in traffic and started shooting indiscriminately.
The witnesses said the kidnappers ran into heavy traffic at Second Junction after abducting Dan Odiete, an Estate Surveyor.
It was gathered that the kidnappers shot at the vehicle driven by the girl’s mother, thinking she was after them.
The witnesses said the girl and her twin sister were in school uniforms.
It was learnt that her twin was injured.
The policeman killed was said to be the kidnap victim’s orderly.
Two other persons, including a policeman, were shot.
They were taken to the Central Hospital in Benin.
A source at the hospital told The Nation that two of the victims were brought to the hospital.
Police spokesman Anthony Airhuoyo said he was yet to get details of the incident.
TheNation

‘Our society of corruption’

by: Bolade Omonijo

When the tribunals were constituted, the late Chief Chief Gani Fawehinmi, a legal luminary, challenged them thus: “The various tribunals have been set up pursuant to Section 285 of the Constitution of the Federal Republic of Nigeria, 1999, to deal with grievances arising from the Governorship, National Assembly and State Assembly Elections. Appeals from these Tribunals go to the Court of Appeal, which is the final court in those elections i.e. Governorship, National Assembly and State Assembly.
“Brazing and bizarre corruption by highly placed public officers at the Federal and in the States caused the unprecedented Electoral robbery in the April 2007 Elections. Our failure as a nation to punish corruption and corrupt practices clearly manifested itself in the April 2007 Elections. The unfathomable scale of the electoral robbery was a measure of the large-scale corruption in our society.
“Unfortunately, the downright dishonesty of some of the Judges who were involved in 2003 Election Tribunals gave the Nigerian people much worry. I will refer to two instances: The first was the Anambra South Senatorial Election Tribunal, which looked into the grievances of a contestant Prince Nicholas Ukachukwu against the election of Dr. Ugochukwu Uba. The Tribunal found for Prince Nicholas Ukachukwu against Dr. Ugochukwu Uba. Dr. Uba appealed to the Court of Appeal.
“Meanwhile, he had been sworn in as a Senator. The matter came before the Court of Appeal and the Court of Appeal of three Justices, Hon. Justice Okwuchukwu Opene, Hon. Justice David Adedoyin Adeniji and Hon. Justice Kumai Bayang Akaahs disagreed among themselves.
“Two of the Justices Hon. Justice Okwuchukwu Opene and Hon. Justice David Adedoyin Adeniji gave judgment to Dr. Ugochukwu Uba and the third Justice, Hon. Justice Kumai Bayang Akaahs, the youngest of them disagreed and dissented and gave judgment to Prince Nicholas Ukachukwu. After the appeal, the National Judicial Council (NJC) received petitions that two of the three Justices took bribe. The National Judicial Council established under Section 153 of the Constitution of the Federal Republic of Nigeria, 1999 set up a committee headed by late Justice Kolawole, a retired Justice of the Court of Appeal.
“After a thorough investigation by the Committee it was found that Justice Okwuchukwu Opene who presided at the Court of Appeal took a bribe of N15,000,000.00 (Fifteen million Naira) and Justice David Adedoyin Adeniji took a bribe of N12,000,000.00 (Twelve million Naira) and three unascertained Ghana-must-Go bags and that Justice Kumai Bayang Akaahs the youngest of them refused to take bribe. He rejected corruption and did the Judiciary proud.
“Consequently, the National Judicial Council (NJC) recommended to the President of the Federal Republic of Nigeria that these two justices, Hon. Justice Okwuchukwu Opene and Hon. Justice David Adedoyin Adeniji were guilty of corruption and abuse of office and that they should be sacked as Justices of the Court of Appeal. On the 3rd of May, 2005, the President acting under Section 292 of the Constitution of the Federal Republic of Nigeria, 1999, dismissed those two Justices from the Judicial Bench of Nigeria.
“The second instance was the Akwa Ibom State Governorship Election Tribunal set up after the 2003 governorship election. There were five members of the tribunal. Whilst the proceedings were still pending in the Tribunal, on the 10th July, 2003 the petitioner petitioned the Chief Justice of Nigeria who is the chairman of the National Judicial Council (NJC) complaining that four of the five members of the tribunal i.e. the chairman, Hon. Justice M. M. Adamu (a lady), Hon. Justice D. T. Ahura, Hon. Justice A. M. Elelegwa and Chief Magistrate O. J. Isede had been compromised.
“The National Judicial Council (NJC) investigated the complaints through a committee set up for that purpose and found that the allegations were true and that the Chairman of the Election Tribunal and three other members received bribes during the sitting. They were accordingly dismissed from the judicial Bench. One judge who was not a member of the Tribunal, Hon. Justice C.P.N. Senlong of the Federal High Court was also dismissed for corruption and abuse of office because he was found to have associated with one of the contestants in a corrupt manner. (His dismissal has since been upturned in court and he has been reinstated). These two examples of judicial corruption must not be allowed to happen or re-occur in the new tribunals for the 2007 Elections.
“The tribunals should also bear in mind that there are two sets of people who were unconstitutionally injured during the electoral robbery. First, the voters. By Article 13 of the African Charter on Human and Peoples Rights Cap. A9, Laws of the Federation of Nigeria, 2004 which became part of our laws on 17th March, 1983 and which was confirmed by the Supreme Court as part of our laws in the case of Abacha v. Fawehinmi (2000) 6 NWLR (Pt.660) 228 which provides that: “13(1) Every citizen shall have the right to participate in the government of his country, either directly or through freely chosen representatives in accordance with provisions of the law.
“The voters have a fundamental right. The voters whose votes were not made to determine who should govern them either at the centre or in the states have no locus standi to petition the tribunals. The second set of injured Nigerians are those who contested but were robbed of victory. They have a right of access to the Tribunals to ventilate their grievances under the appropriate provision of the Constitution of the Federal Republic of Nigeria, 1999. They obviously have locus to lay their grievances before the respective Tribunals. Let it go down in history that the Nigerian Judiciary through its tribunals in 2007 must courageously and honestly right the wrongs inflicted on the electorate of Nigeria during the most fraudulent polls in the nation’s history.”
TheNation

Between Jonathan and past leaders

 by Kunle Oderemi 

POLITICS, perhaps, brought President Goodluck Jonathan and former president, Olusegun Obasanjo together. It brought them under the common umbrella of the Peoples Democratic Party [PDP]. The relationship blossomed as the party consolidated its grip on the central government. The painful and sudden passage of Obasanjo’s political son and successor, Alhaji Umaru Yar’Adua, as president, paved the way for the former army general to assert his political clout once again. He mustered the necessary support that culminated in Jonathan moving from the position of vice president to his current exalted office.   
It was because of the roles Obasanjo played on the two occasions that he is considered as the godfathers of both Yar’Adua and Jonathan.  His supporters and admirers boasted that it was a confirmation of Obasanjo’s power and authority on the nation’s political lever. But it did not take long before the bubble literally burst between Obasanjo and Yar’Adua, primarily over state policies and direction of events. The loyalists of Obasanjo claimed the deceased embarked on some policy somersaults, ostensibly to discredit their principal.  A similar cold war appears to be brewing between the Ota, Ogun State farmer and the incumbent president. Though the presidency seems to be playing down insinuations about such a rift, the altercations between the two camps are indications of a frosty affair after the sacred marriage that resulted in the Jonathan presidency in 2011.
 In the last few weeks, Obasanjo had taken up the government over its approach to the security issue in parts of the North and the impact of the Jonathan administration’s economic policies and programmes. On November 11, the former leader had decried the rate of youth unemployment in the country, claiming that the situation was worrisome as his regime had succeeded in reducing it youth unemployment to 52 per cent from 72 during his tenure.  Obasanjo had, at another time, complained over what he perceived as the improper management of Nigeria’s foreign reserves.
But the criticism by Obasanjo of the Jonathan administration that has provoked more anger from official quarters was his analogy of the present security crisis in the North, with the one that informed his administration’s deployment of troops to Odi in Bayelsa State during his tenure, following the killing of soldiers in the community by suspected Niger delta militants.  
In all the circumstances, the president had been tactful in responding to Obasanjo’s comments on his  leadership style and administration, save for the one in which the former leader technically suggested the Odi option in tackling the Boko Haram insurgency in the North. While Jonathan gave clarifications on why his administration is doing certain things differently, some of his aides who could not maintain dignified silence, have avoided possible open confrontation with Obasanjo. For example, the president’s Special Assistant on Political Affairs, Malam Ahmed Gulak, last Friday, called for moderation and caution from the critics of the president, especially past leaders. He stated: “They have had their opportunities to rule this country before. Some did eight years, some 12 years, some were there for seven years, they had their own bits. Therefore, what we are saying is that, they should be elder statesmen; give advice from the sides, not to dabble into creating crisis within the system.”
Another former leader, who has consistently chosen to openly criticise the Jonathan administration is Major General Muhammadu Buhari, the standard bearer of the Congress for Progressive Change [CPC] in the 2011 presidential election. He has continued to stay away from official engagements that should naturally bring him into the midst of other Nigerian leaders: present and past.
The revisit of the Odi massacre by Obasanjo appears to have brought another former Head of State, General Yakubu Gowon into the picture. Gowon asked that Jonathan be left alone to tackle, his own way, the security challenge, recalling that his administration faced a similar security problems in his days. He chastised Obasanjo over the military operations in Odi and Zaki Biam, saying that, “Obasanjo highly irresponsible to have made such comments about the present government. Many people have condemned what he did in Odi and Zaki -Biam. So it was irresponsible for him to defend it or accuse the present administration. He added, “I am not saying that the government should not be criticized when it is doing wrong. But we should not say or do things that will cause more tension and confusion in our land.”
Observers do not agree on the current approach of Obasanjo in his engagement with the government. Some say he ought to explore all formal channels open to him and Buhari,  given their status as  Nigeria’s former leaders. They cite the National Council of states as one of those channels where they could engage in constructive criticisms and offer suggestions on official policies and programmes.  But other observers saw nothing wrong in such open criticisms similar to the action of the opposition parties. To them, criticism is part of what makes democracy vibrant.
NigerianTribune

“We have no protection in this country” – Eyewitnesses narrate Auchi armed robbery experience

 

by Isi Esene
Eyewitnesses have continued to narrate their experience during the invasion on Monday of the polytechnic town of Auchi, Edo State, by armed robbers.
The robbers were said to have stormed the town with sophisticated weapons succeeding in robbing four banks. The attack which reportedly lasted three hours left about 15 people dead, including three soldiers.
Shaka Hamza, a resident of the town narrated his experience saying:

“I was about to go to the mosque when the shooting started. They attacked the command quarters at Warrake.
“They also attacked soldiers’ base at Igbirra camp. When we started hearing gun shots, I thought maybe soldiers were engaging criminals, but suddenly we saw some armed men, over 20 of them shouting and shooting. They were ordering every body to enter their houses. They were fully armed, so we started making calls in our houses.
“In fact, it was there that we learnt that they have bombed the Area Command police station. It was like a war situation but it is a pity that the police could not do anything. But the truth is that I don’t think the police would have faced those people because they were fully prepared.
“Maybe they had hint that money was deposited some where and that came for it.”

Another eyewitness, Iyabo Omon, said she had to run for cover with her children as soon as she started hearing the sound of gunshots and explosions.

“I saw many of them carrying guns. I ran under the bed and one came to bang on my door. Suddenly they shot a man. They took the chickens and other items I displayed for sale.
“It was later we discovered that the man they shot was a driver with Bob Izua Motors. I packed all the things in my shop. But we thank God we are still alive because we actually thought it was over for all of us.
“This shows that we have no protection in this country, when robbers like this can conveniently come to a town like Auchi and take over the place. It is shocking and I pray we don’t experience this kind of thing again in our life. There are several people who are hypertensive; they were rushed to the hospital due to the sound of gun and the bombs. We are yet to count the number of deaths; it is later that we will know because so many people were affected.”

An horrific ordeal indeed.
YNaija.com

I did not preside over N2.3bn failed road contract -Anenih

by Taiwo Adisa

FORMER Minister of Works and Housing, Chief Tony Anenih, on Thursday, said he did not preside over a N2.3 billion failed road contract, contrary to claims by the House of Representatives Committee on Public Accounts, which summoned him on Monday.
Chief Anenih, in a letter to the Speaker, Honourable Aminu Tambuwal, said the statement credited to the House of Representatives was libelous.
According to Anenih, he never supervised the said N2.3 billion Nasarawa-Loko road contract, as alleged by the House.
In a letter to Tambuwal, dated November 29, 2012 and entitled: Re: Reps Summon Anenih over N2.3bn “failed” contract,  Anenih said he was pained that a member of the House of Representatives could make comments on such an issue  without adequate investigation.
He said though he was yet to receive any official summon from the committee, he considered it imperative to react to issues raised in the media through the report credited to the House.
He also said since he was not the minister of works during the time of the failed project, those in the saddle at the time should be ready to provide relevant answers.
“I must, however, emphasise that the events that led to the termination of the contract and the subsequent arbitration that followed took place years after I had left the ministry.
“It is therefore my view that those who were in the ministry at the time should be able to provide the relevant explanation in the circumstance,” he said.
NigerianTribune