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Kogi Governorship: Supreme Court explains why it dismissed Faleke, Wada’s appeals

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Kogi Governorship: Supreme Court explains why it dismissed Faleke, Wada’s appeals

The Supreme Court on Friday explained why it dismissed the appeal of James Faleke of the All Progressive Congress (APC) on Kogi governorship elections.
The apex court sighted an aberration in the reliefs sought as they were not known to law.
The court, while giving reasons for its decisions of Sept. 20 on the elections also said that the respective appeal by the Peoples Democratic Party (PDP) and its candidate, Idris Wada failed because it was “frivolous’’.
It would be recalled that the apex court panel of seven judges had in a unanimous decision dismissed the three appeals, respectively contesting the return of Gov. Yahaya Bello of the APC.
Justice Kudirat Kekere-Ekun who read the lead judgment in Faleke’s case said the court dismissed the appeal because the claims by the appellant were not supported by any extant laws.
“This is a simple law. Since the election, had not been completed and the final results issued by the electoral body, Faleke, as a running mate, cannot claim ‎victory in the election,’’ she said.
She held that Faleke was not qualified to benefit the votes the APC scored in the contest before the death of the party’s governorship candidate, Prince Audu Abubakar, because he did not meet the condition precedent.
Kekere-Ekun said that Faleke neither obtained nomination form nor substantively participated in the APC governorship primaries.
The Judge further said that INEC had already declared the election inconclusive before Audu’s sudden death.
Adducing reasons in support of Bello’s qualification, the Judge held that the Electoral Act gives room for substitutions of candidates on account of either death or withdrawal.
She said the extant law gives powers to political parties to take full charge of the process of selection of candidates for elections, adding that the court lacked the jurisdiction to stop them.
Kekere-Ekun, therefore, held that the substitution of the late governorship candidate of the party with Bello was apt.
“Nothing can be more apt as the governor had fully participated in the governorship primary election of the APC and came second after Abubakar.
“Unlike Faleke, who did not meet that condition, but was simply selected to be a deputy governor.
“By virtue of the provisions of Section 221 of the 1999 Constitution it is the political parties that actually contest elections.
“The governor having become candidate of APC, and legally sponsored by the same party can lay claim to the votes scored by the party in the Nov. 21, 2015 poll,’’ she held.
Faleke, the running mate to Abubakar had filed the appeal against Bello’s victory in the Dec.5, 2015 supplementary election.
He urged the court to return him as duly elected on the grounds that the Abubakar/Faleke ticket had already scored the majority votes of 240, 873 in the Nov.21, 2015 governorship election.
He contended that INEC acted in bad faith by declaring the election inconclusive because he (Faleke) should have been declared as governor after the death of Abubakar.
Similarly, Justice Sylvester Ngwuta in his lead judgment gave reasons why the apex court dismissed the appeals by PDP and Wada.
“The testimonies relied on by the appellants relate to qualification of the first respondent (Bello) and his alleged failure to personally nominate a running mate.
“They have also challenged his non-participation in Nov. 21, 2015 election and the combination of the votes and votes scored by late Abubakar.
“We join the tribunal and the appeal court to hold that the testimonies have no probable value,’’ he held.
Ngwuta further said that the concurrent decision of the two courts below was affirmed because the appellants had not advanced any reason for the apex court to hold otherwise.
“It is my view that the appellants did not prove a ground for this court to interfere with the concurrent findings of the trial tribunal and the court of appeal,’’ Ngwuta held.
In the same vein the appeals filed by the African Democratic Congress (ADC) and the Labour Party (LP) on the elections suffered similar fate.

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Senator Opeyemi lampoons Buhari over refusal to sack service chiefs

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Senator Opeyemi lampoons Buhari over refusal to sack service chief

The senator representing Ekiti Central Micheal Opeyemi Bamidele has asked President Muhamadu Buhari to respect the resolution of the National Assembly that he should sack the service chiefs without further delay.
The senator while contributing to the motion on the beheading of 67 farmers in Borno, by Bokoharam insurgents: Need for Urgent, Decisive action pleaded with the service chiefs to voluntarily resign based on national interest.
He said they can then wait to be appointed as Presidential Advisory Panel on security.
“For me the number one resolution that I will like to reemphasize on this floor of the senate is for the President to allow the service chiefs to go, they have done their best, they have worked so hard, the best anybody can give is his best.
“You cannot give what you do not have and if the President believes so much in these service chiefs he should remove them as service chiefs and constitute them as Presidential advisory committee on security matters and they will still be there to be advising him and let the younger ones take over as service chiefs to move the country forward.
He said, “It is yet another moment when we run the risk of Nigerians looking at us as a group of elected representatives who sit in the red chamber to shed crocodile tears but we know that is not what we do.
“We are victims of certain circumstances that make it look like that. There is probably nothing any of us could say here today that has not been said, the only thing that is new is that more people have been killed in most barbaric manner. Yet we have to say something as representatives of the people.
“We are unhappy about what happened in Borno, Katsina and Niger States and some Northern parts of the country. Even in the South South, south East and south west where people are being kidnapped, there are some forms of insurgency.
“In Ondo State just last week a paramount ruler was killed. My own contribution is this, let us stand on existing resolution, in addition of course to the prayers that the mover of this motion made clear to us.
“Fighting Bokoharam cannot be something we do by habit, it cannot become part of our national life, it cannot become what we budget for year in year out as a routine.”
He lamented that the war was becoming a routine adding that there is a need to bring it to an end as lives are being lost on a daily bases.
He also made refrence to a constitutional provision in section 14(1)b which defines the primary purpose of Government to be the welfare and security of the people.
“We all agree that this is not being fulfilled and where a Government is deemed to be in breach of section 14(1)b the Government is also automatically seen to have breached section 32 and 34 of our constitution which provides for the right to life, right for personal liberty, and life against torture.
“These are things that goes together once you fail to fulfill the provision of section 14(1)b so what are we talking about let these service chiefs go.
“If the President would not remove them we call on these service chiefs in the interests of the public to resign and look forward to being appointed as members of Presidential committee on security. So this is one contribution that I really want to make.”
He also made reference to the budget of over N800b set aside for all of the armed forces, whereby more than 60% of it is specifically tailored towards prosecuting the war against insurgency.
“I believe before this budget is passed it is either the president come to address this parliament on the way forward on how to address the security matter or we hold a joint session and do a public hearing and allow Nigerians an opportunity to also speak to this issue.
“I dont think it should be a question of us sitting down to pass this budget it should not be business unusual.”

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Buhari tells mothers to admonish their wards on need for dialogue over #EndSARS

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Buhari tells mothers to admonish their wards on need for dialogue over #EndSARS

 
Apparently piqued by the growing youth restiveness which engulfed parts of the country in the last few weeks,
President Muhammadu Buhari has urged women to engage with children and youths on the need for dialogue that would yield better understanding.

The President spoke on Thursday while hosting the representatives of women at the Presidential Villa, Abuja.

He said Nigeria remained committed to ending violence against women and girls in Nigeria and the rest of the world.

According to him, although the country had not achieved the 35 percent affirmation on the participation of women in governance, the current administration intended to exceed the benchmark.

“I want to assure you that this administration remains resolute to not only meet the 35 percent National Gender Policy, but to exceed it across key decision-making role in government,” he said.

He restated his commitment to end child marriage and boost girl child education in all parts of the country.
The Minister of Women Affairs, Pauline Tallen, earlier appealed to President Buhari to ensure that the issues responsible for the ongoing strike by university lecturers were resolved amicably, to enable universities reopen and students go back to school

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Labour disowns FG over petrol price hike, as it asks for reversal to N160

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Labour disowns FG over petrol price hike, as it asks for reversal to N160

**decries FG insincerity

The organised Labour has expressed disappointment with the Federal Government over its high level of insincerity with the union.
The general secretary of Nigeria Labour Congress (NLC), Emma Ugboajah indicated that labour movement’s agreement with Government was for local refineries to be be rehabilitated to boost local refining.
He said almost eight weeks after the negotiations, the Federal Government has not shown any commitment to all the items that were agreed upon.
He stressed that out of 161 buses that are powered gas, none of them has been supplied to the movement.
“We never supported deregulation that is anchored on price increment. Our minimum request is that the Federal Government must reverse back to N160,” Ugboajah said. “We agreed that the refineries should be out to work. We have not seen any work in that regard.
Also, we have seen the NNPC maintaining a stranglehold on importation.”
He said the are demanding for a reversal of recent hike in the petrol price adding that they did not endorse deregulation that is anchored on price.

He said the strikers option is still opened for them to explore

The President of Trade Union Congress (TUC), Quadri Olaleye, said things are going out of hand if urgent steps are not taken.
His words: “We cannot pretend that things are not going right. It seems government wants to create crisis when none exists. We have been coming here to ensure the hardship on the people is reduced.
He accused the Government of sponsoring miscreants who torment them with insults through text messages on daily bases making almost impossible for them to move freely

“Academic staffers have been on strike. We set up a committee for more than two months and nothing has happened. A month to the end of the year, nothing has been done. If today’s meeting does not solve the problem, we will mobilise outselve and stage a walk out of the meeting. I hope today’s meeting will be productive. ”
The Minister of Labour and Employment, Dr Chris Ngige, said the meeting was supposed to have been held in October but for #EndSars protests that rocked the nation last month.
Ngige said the Federal Government is ready to begin rolling out the palliatives as from today, Monday.
The Secretary to the Government of the Federation (SGF), Boss Mustapha said government is already working on some of the agreed area such as reduction of tariff on the importation of cars from 35% to 10% and other steps that the Federal Government has taken.









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