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  • Govs. Abdulrazaq, Mala differ on LG autonomy as FG drags 36 state Govs to supreme court

    Govs. Abdulrazaq, Mala differ on LG autonomy as FG drags 36 state Govs to supreme court

    • FG drags 36 state Govs to supreme court over LG autonomy
    • Divergent reactions trail litigation as Govs kick, say FG has no locus standi in the matter
    • Mala Buni differs, says he has nothing against LG autonomy in Nigeria

    On May 24, 2024 the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), instituted a suit on behalf of the Federal Government, before the Supreme Court, against the 36 state governors in the country. The suit is seeking full autonomy for local governments.

    WITHIN NIGERIA findings showed that in the suit marked SC/CV/343/2024, the AGF urged the apex court to issue an order, prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected LG leaders.

    According to the report, the suit which is predicted on 27 grounds, contended that Nigeria as a federation, is a creation of the 1999 Constitution with the President, as the head of the Federal Executive arm of the Federation, and has sworn to uphold and give effects to the provisions of the Constitution.

    The suit which accused the state governors of gross misconduct and abuse of power, the AGF sued them through their respective state Attorney-Generals.

    AGF prayed that the Supreme Court for an order to allow the credits of LGs to be directly paid to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.

    Again, the minister applied for an order of injunction restraining the governors, their agents and privies from receiving, spending or tampering with funds released from the Federation Account for the benefit of LGs.

    The FG further sought an order stopping governors from constituting caretaker committees to run the affairs of LGs as against the constitutionally-recognised and guaranteed democratic system.

     

    President Tinubu: Dragged Govs to supreme court

     

    In a 13-paragragh affidavit in support of the originating summons deposed to by one Kelechi Ohaeri from the Federal Ministry of Justice, averred that the AGF instituted the suit against the governors under the original jurisdiction of the Supreme Court on behalf of the FG.

    WITHIN NIGERIA gathered that the summon partly reads thus; “that the governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to at all times, give effects to the constitution and that the constitution, being the supreme law, has binding force all over the federation of Nigeria.

    “That the constitution of Nigeria recognises federal, states and local governments as three tiers of government and that the three recognised tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.

    “That by the provisions of the constitution, there must be a democratically elected local government system and that the constitution has not made provisions for any other systems of governance at the local government level other than the democratically elected local government system.”

    It also further reads thus;  “in the face of the clear provisions of the constitution, the governors have failed and refused to put in place a democratically elected local government system even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state,” adding that the “failure of the governors to put democratically elected local government system in place is a deliberate subversion of the 1999 Constitution which they and the President have sworn to uphold.

    “That all efforts to make the governors comply with the dictates of the 1999 Constitution in terms of putting in place, a democratically elected local government system, has not yielded any result and that to continue to disburse funds from the Federation Account to governors for non existing democratically elected local government is to undermine the sanctity of the 1999 Constitution.

    “That in the face of the violations of the 1999 Constitution, the federal government is not obligated under section 162 of the Constitution to pay any State, funds standing to the credit of local governments where no democratically elected local government is in place.”

    The AGF, on this ground, asked the apex court to invoke Sections 1, 4, 5, 7 and 14 of the Constitution to declare that the state governors and State Houses of Assembly are under obligation to ensure a democratic system at the third tier of government in Nigeria and to also invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.

    Since the suit was instituted, there has plethora of reactions and several questions as to where lie the 774 local government areas.

    Will the Supreme Court agree with the Federal Government on the non-remission of allocations to undemocratic LGAs? Will the Federal Government side-step the states and remit allocations directly to councils? Who controls the councils, FG or states? Will councils become federating units? Currently, the states are the federating units but the councils are constitutionally recognised as the third-tier of government.

    Recall that as governor of Lagos State, Senator Bola Tinubu, who is now the President created 37 new councils. A couple of other states like Enugu also created councils, which pitted them against then President Olusegun Obasanjo, who insisted that new councils were illegal as 774 LGAs are listed in the Constitution.

    Gov. Abdulrazaq: FG has no right to meddle with LG affairs

    In Enugu state for instance, there are 57 development centres which were created by former Gov. Sullivan Chime.

    However, while other states soft-pedalled, Governor Tinubu stood his ground leading to a legal battle that ended at the apex court. In its ruling, the Supreme Court held that states could create councils but the new councils must be ratified by the National Assembly to be listed in the Constitution.

    Consequently, the 37 new councils were designated as Local Council Development Areas, LCDAs. While the legal battle lasted, then President Obasanjo refused to release allocations meant for the affected LCDAs. The funds were later released by the late President Umaru Musa Yar’Adua’s Administration.

    By and large, entertaining the case on May 30, the apex court, which fixed June 13 to commence a full-blown hearing of the matter, ordered the governors, to within seven days (from May 30), enter their defence to the suit the Federal Government filed to secure full autonomy for the 774 LGAs.

    20 states run 454 LGAs with transition committees

    Nevertheless, available statistics showed that the number of LGAs without democracy in the country is 454, which is 58.66 per cent of the 774 local councils, and the anomaly is against the provisions of Section 7 of the 1999 Constitution (as amended), which guarantees the system of local government by democratically elected officials.

    From June, 2024 the number of LGAs without elected chairmen and councillors may go higher as the tenure of council officers expires in Rivers (June 17).

    Only 320 LGAs (41.31 per cent) across 16 states and the Federal Capital Territory, FCT, Abuja, have elected officers.

    Reasons cited for the inability of many states to conduct council polls include insecurity, paucity of funds, political and legal battles.

    20 states without elected LGAs

    Abia-17, Anambra-21, Enugu-17, Imo-27, Akwa Ibom – 31, Delta -25, Cross River-18, Ondo-18, Osun-30, Benue-23, Kogi-21, Kwara-16 and Plateau-17.
    Others include; Bauchi-20, Yobe-17, Katsina – 34, Kano -44, Kebbi —21, Sokoto-23 and Zamfara -1.

    The total is 454 Local government areas and there is no hope of the number reducing.

    Kwara Governor kicks against the autonomy

    As the furore continues, the Kwara State Government has asked the Supreme Court to dismiss the suit filed by the Federal Government.

    In a legal process filed at the apex court, the state contended that granting the reliefs sought by the federal government, “will further impoverish most Nigerians who are downtrodden in the local government areas”

    WITHIN NIGERIA findings showed that the Counter Affidavit to the Originating Summons of the federal government filed by the Kwara Attorney-General and Commissioner for Justice, Senior Ibrahim-Sulyman, was obtained on Tuesday in Abuja.

    However, the state AG asked the apex court to dismiss the Originating Summons of the federal government and the reliefs sought therein, in the interest of justice.

    The Kwara AG, who is the 23rd defendant in the case, however, said the agitation of the plaintiff regarding joint account “is grossly misconceived and a contradiction to the provisions of Section 162 (6) and (8) of the Constitution.

    Ibrahim-Sulyman also argued that the misconception of the federal government should be nip in the bud because of an earlier decision of the apex court in a similar case, between Abia State and the Attorney General of the Federation.

    He referred to the subsisting judgement of the court delivered by a former Supreme Court Justice, Late Justice Nikki Tobi, in the case, which held:

    “The National Assembly cannot validly make a law permitting the direct allocation of funds to the local government Councils.

    “Rather, such money must be allocated directly to the state, which shall in turn pay same into the state joint local government account vide section 162 (6) of the Constitution”.

    Ibrahim-Sulyman argued that, going by the decision of the court, the federal government in the present case “is turning itself into performing the function of the legislature.

    “The ideal thing is for the plaintiff to ensure that a Bill is sponsored for the amendment of the constitution or a new statute to that effect.

    ‘The plaintiff cannot use the back door of the judiciary to import into our law what is not legislated upon by the National Assembly,” the AG said.

    “The allocation meant for the local governments in the state are released for the use of the local governments, monthly,” he said.

    The Kwara AG also argued that the state was not in the habit of truncating democracy at the local government level as alleged by the federal government.

    He said the earlier scheduled local government elections in the state could not hold due to protracted litigation on the tenure of the Kwara State Independent Electoral Commission.

    Ibrahim-Sulyman said the state had rolled out the schedule for the elections to hold into various local government Councils on September 21, 2024.

    Besides, the Kwara AG, said, the federal government has no power, whatsoever, to refuse to release the funds meant for the local governments to the states.

    Sulyman said payment of the LGs monthly allocations from the federation account to the state is a mandatory statutory provision.

    Sen. Sumaila hails FG on litigation over LG autonomy

    The Senator representing Kano South Senatorial District, Kawu Sumaila, has commended the federal government for instituting litigation against the 36 state governments for undermining local governance.

    Mr Sumaila, a member of the New Nigeria People’s Party (NNPP) gave the commendation in a statement on Monday in Abuja.

    Reacting to the litigation, Mr Sumaila said the development will help reinstate the autonomy of local governance and also facilitate the development of the economy through the grassroots.

    The Kano senator said that the LG autonomy will improve the revenue generation of the country.

    “I am happy, Mr. President has begun to tow on our path to salvage our people by giving the local governments autonomy to operate as enshrined in the constitution.

    “The decision to compel the 36 states of the federation to give autonomy to local governments is a step in the right direction. This will surely help in bringing development to our people, particularly the grassroots in the rural areas.

    Gov. Mai Mala: Throws his weight behind LG autonomy

    “It will equally boost the nation’s economy by increasing our Internally Generated Revenue through the agricultural value chain and other commercial activities that will come up after the local governments get their autonomy,” he said.

    Ondo state govt opposes LG autonomy

    The Ondo State Government has urged the Supreme Court to dismiss the suit filed by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN).

    The government, in its preliminary objection filed June 6, by the state Attorney General and Commissioner of Justice, Olukayode Ajulo (SAN), which was made available to newsmen on Friday, described the Federal Government as a busybody “a meddlesome interloper” for trying to interfere in the business of states and local governments affairs.

    The state government argued that the central government has no right or interest affected or likely to be affected by the action it complained against, adding that the proper and necessary parties for the purpose of invoking the original jurisdiction of the Supreme Court are not before the court.

    Explaining further, the state also claimed that the Federal Government lacks locus standi to institute the suit for the local governments.

    The objection, which was predicated on 27 grounds, contended that the Attorney General of the Federation cannot single-handedly rewrite the Nigerian Constitution by asking the Supreme Court to assume jurisdiction to hear and determine the suit that he filed in flagrant violation of section 232 of the 1999 Constitution, Section 1 of the Supreme Court Act 3, 2002 and Order 3, Rule 6 of the Apex Court

    Ajulo, however, on behalf of the Ondo government, who is the 28th defendant in FG’s suit, stated that the notice of objection claimed that Section 232 of the Constitution only permitted the invocation of the original jurisdiction of the Supreme Court where there is a dispute between the federation as plaintiff and states as defendants which involves any question of law or fact on which the existence or extent of the legal right of either the federation or states depends.

    Maintaining that the Federal Government has no locus standi to institute the suit, the Ondo government claimed that the funds complained of in the suit belong to local governments created by the constitution as a distinct and different tier of government independent of the federal government.

    The state government claimed that pursuant to Section 7 (1) and 162(8) of the Constitution, its State House of Assembly enacted a law to provide for the local government system, establishment, and administration and ancillary matters known as the Local Government Administration, Conduct of Local Government Election and Allied Matters, Cap 87, Volume 2, Laws of Ondo State of Nigeria, 2006, it, therefore, insisted that by the combined provisions of the Constitution, the federal government has no right or obligation on the allocation and distribution of the funds standing to the credit of local governments in Ondo State and that no law has placed any obligation on the federal government I’m respect of the terms and manners local government funds should be allocated or distributed.

    Yobe state govt throws weight behind LG autonomy

    Gov. Mai Mala Buni of Yobe has said that his stance has shown he was not opposed to the idea of local government autonomy across the country.

    Mai Mala Buni disclosed this after casting his vote in the local government election at his polling unit in Buni Gari on Saturday.

    He said that his administration’s collaborative approach to local government councils was aimed at complementing their efforts.

    “In 2019, I envisioned granting autonomy to local government councils but unfortunately six out of 17 LGs struggled to pay salaries.

    “Our joint local government account initiative aims to support the LGs and work together with the state government,” he explained.

    The governor also expressed optimism about the future of local government autonomy in Nigeria.

    “Our democracy is growing and this issue will be addressed seamlessly and democratically without hitches,” Buni said.

    The governor commended the impressive turnout of voters at the local government election.

    “That is the beauty of democracy; giving people the right to cast their votes and that is what we have just witnessed,” he said.

     

  • Enugu community to drag state govt, contractor to court as flood menace kills 1, renders many homeless

    Enugu community to drag state govt, contractor to court as flood menace kills 1, renders many homeless

    • Flood menace kills 1, renders many homeless in Alor-Uno community
    • Community writes Enugu state govt, contractor, threatens legal action
    • Many residents relocate to other neighbouring communities

    Those living in Alor-Uno community, Nsukka local government area of Enugu state said fear, anxiety and anguish have become their lot as flood has continued to destroy their houses and even kill some of the residents.

    Located some 6km away from Nsukka town, the headquarters of the council area, Alor-Uno community has been living like sheep without shepherd as far as natural disasters is concerned.

    Submerged house in Alor-Uno community

    Tracing the origin of their ordeal, one of the residents of the community, Mr. James Odo explained that the community was thrown into flood menace when a construction company contracted by the state government to control flood around Onuiyi axis left without finishing their work.

    According to Mr. Odo, ” after several years of appeal to the state government, a construction company was contracted to handle the flood menace; from Onuiyi, Zik’s flat UNN to the community, a distance of about five kilometres.

    “But half way into the project, the work was abandoned, leaving the community worse off than before the award of the project.

    Villagers removing body of Henry Ike, killed by flood in the community

    “As you can see, many houses are submerged with flood since over a week now.”

    Explaining further, Mr. Odo  narrated that the community has appealed to the state government to come to their aid and save the community from such ugly situation, all to no avail.

    He said that every year, some residents lose their life and valuable property to the ravaging flood in the community.

    By and large, not satisfied with the handling of the matter by the state government, some residents of the community on May 26,2023 planned to drag the state government and the construction company to court for allegedly destroying their land.

    In a letter dated May 3, 2023 and signed by Chijioke Ugwu, Sabastine Omeje and Kenneth Eze on behalf of the community, the trio threatened to take legal action should the state government and the contractor failed to complete the erosion control project from Onuiyi down to Alor-Uno community.

    WITHIN NIGERIA also gathered that an ultimatum was given to both the state government and the contractor, which our findings revealed had elapsed.

    Despite all the ultimatum and threat of legal action by the community, nothing has been done by either of the party to ameliorate the situation.

    Our reporter also gathered that many residents have continued to flee to other neigbouring communities like Ibagwa-Ani and Okpuje communities for fear of losing their lives to the menace.

    Though the ultimatum has elapsed and nothing has been done,  the community is yet to institute any legal action against the duo.

    Speaking to our reporter in a telephone chat, one of the residents who issued the threat letter, Mr.  Sabastine Omeje narrated that the situation has continued to worsen.

    ” Our community is becoming worse everyday due to menace of flood.  We have been living in fear of unknown everyday.”

    Notice of legal action by the community

    Asked if the state government has done anything since the letter was sent to them, Mr. Omeje said that ” they have not done anything since then. Neither has the state government called us together to know or find a way out of the situation.”

    Explaining further, he said that ” the only thing is that the contractor has called us, begging that we should not take any legal action against them.”

    On whether they are still willing to institute legal against the state government and the contractor, Mr. Omeje stated that ” we are still willing to take legal action if they did not comply by completing the project very well. The only thing now is that we have been consulting and notifying every person and or organisation we need to notify before we drag them to court.”

    However, WITHIN NIGERIA gathered that last Saturday, flood killed another person in the community following a down pour that day.

    The victim identified as Henry Ike was swept away by the ravaging flood around the village in the community on Friday and his lifeless body was discovered on Saturday.

    The deceased, who was from Imilike in the Udenu Local Government Area of Enugu State, reportedly left his home around three days ago and didn’t come back till his body washed up by flooding in Alor-Uno community.

    His remains, which have been removed, was placed at the Bishop Shanahan Hospital in Nsukka Local Government Area.

    According to one of the relations who spoke to newsmen under anonymity, the victim was healthy when he was last seen.

    However, since the latest incident, the community has been embroiled in anguish, pains and desperation as there is no visible sign of either Enugu state government or the contractor finding a lasting solution to the worsening flood menace in the community.

    Nevertheless, all efforts to get the reactions of the state government on the matter proved abortive as the Commissioner for Works and Infrastructure, Chief Gerald Otiji could not pick his calls to comment on the situation.

  • Conflicting Appeal Courts rulings and dilemma of Labour Party Guber candidates

    Conflicting Appeal Courts rulings and dilemma of Labour Party Guber candidates

    • Court of Appeal in Benin removes Lamidi Apapa as Labour Party National Chairman
    • Appeal court in Imo state gives contrary ruling, sacking Julius Abure as National Chairman, Labour Party
    • Daniel Ogbe, Enugu legal practitioner says only Supreme has final say on the matter

    On August 23, 2023, the Court of Appeal in Owerri, Imo State, removed Julius Abure as national chairman of Labour Party.

    However, the court, consequently, recognized Lamidi Apapa as its national chairman and the one Independent National Electoral Commission (INEC) should deal with, in terms of candidates of the party for the coming Imo, Kogi and Bayelsa governorship elections.

    To this end, the court also ordered INEC to immediately recognize and publish the names of candidates produced by the Apapa-led National Working Committee in Imo, Bayelsa, and Kogi states for the forthcoming off-season governorship elections in those states.

    Achonu: Yet to be cleared?

    The court further annulled the candidature of Senator Athan Achonu for the governorship of Imo State and others produced for other states by the Abure-led faction.

    This is coming barely one week  after an Appeal court sitting in Benin, Edo state gave a contrary ruling, sacking Lamidi Apapa as the National Chairman of the party.

    In the Benin ruling which held on August 15, the Court of Appeal  has upheld Julius Abure as the national chairman of the Labour Party.

    In the case of Lucky Shaibu v. Julius Abure & 5 Others (Appeal No: CA/B/93/2023), the court reached this conclusion.

    The plaintiff, Shaibu, a Labour Party member in Ward 3 Executive of the Esan North East Local Government Area, had previously taken steps to suspend Abure and sought to challenge his status as the National Chairman.

    A panel of judges, made up of Justices Theresa Ngolika Orji Abdua, Fatima Omoro Akinbami, and Sybil O. Nwaka-Gbagi, unanimously dismissed the appeal filed by the appellant in favour of Abure.

    In the lead ruling, Justice Abadua upheld the ruling of the High Court of Edo State and ruled that the national chairman of the Labour Party cannot be suspended by a single individual.

    The court ruling was made in accordance with Articles 13 and 17 of the Constitution of the Party and the extant Electoral Act of 2022, particularly when the appellant has been described by the party as unknown.

    As a result, the Court nullified the previous suspension imposed on Abure, along with all subsequent actions carried out against both Abure and the party following the contested suspension.

    Reacting to the judgement, Abure expressed his appreciation for the ruling and praised the justices for their impartial approach to the case.

    Abure’s legal representative, GC Igbokwe, applauded the verdict, describing it as sound, courageous, and unimpeachable.

    Igbokwe reasserted that Abure remains the legitimate National Chairman of the Labour Party until the forthcoming party convention.

    The lead counsel to Labour Party, Prest. Aigbokhan said the decision of the Court of Appeal has given rest to the battle for the soul of the party.

    According to him, “It is a landmark judgement that will stand the test of time. Anybody still associating with impostors parading themselves as factional leaders of the party does so at their own peril. Political parties must remain the watchdog of national conscience.”

    Since the issuance of conflicting judgements by the two appeal courts, there has been huge confusion and anxiety in the camps of the two factional Labour Party excos.

    How it all started

    The Labour party which had become the new political pride in the country electrified by massive youths support, could be said to have come to limelight after the defection of Peter Obi from the main opposition People’s Democratic Party (PDP).

    The National Youth leader of the party, Eragbe Anslem, was recently suspended by leadership of the party over allegations bordering on abuse of office – a suspension Eragbe has challenged and has insisted  was illegal, null and void, therefore calling for his reinstatement with immediate effect.

    In effect, the national chairman of the party, Julius Abure, became a subject of attacks by some aggrieved members of the party led by the suspended National Publicity Secretary, Arabambi Abayomi.

    Abayomi has said that, “I have a lot of work to do and I will not take my eyes off the ball. These things are distractions. As a journalist, go and study those documents to find out anywhere my name was mentioned.

    “I have a lot to do and my priority right now is to mobilise Nigerians for our party and our candidate, Peter Obi. I have this responsibility resting on my shoulder and I will not rest till the people’s mandate is delivered”, embattled Abayomi has told newsmen.

    Earlier before this crisis, the party had after its last National Working Committee (NWC) meeting dissolved the executive of Ogun State chapter including the chairman, Michael Ashade, over allegations of corruption and anti party activities.

    Their suspension followed a resolution made and adopted by the party’s National Working Committee (NWC) after a two-hour meeting held in Abuja. The party has also announced the constitution of a caretaker committee to manage the affairs of the party in Gateway state pending when investigations of allegations levelled against the affected members is concluded.

    Mr. Peter Obi: LP Presidential candidate

    Addressing journalists at the end of the meeting which lasted for almost two hours, the National Secretary of the party, Umar Farouk, said a disciplinary committee has been constituted to investigate the activities of the affected members.

    According to him: “The acting National Publicity Secretary has been suspended after investigating his anti-party activities as a member of the party. The Labour Party chapter in Ogun State has also been dissolved.

    “The Chairman and his excos have also been suspended. A caretaker committee will take care of the party. Also, disciplinary committee has been set up to investigate their anti-party activities and report to the NWC”.

    Farouk who described the allegations levelled against the national chairman as baseless, said “the NWC has also unanimously passed a vote of confidence on the leadership of the National Chairman, Julius Abure”

    He therefore called on party members to “adhere strictly to the provisions of the constitution and code of conduct of the party in the conduct of their activities.

    “We also call on the general public to have more confidence on the party. We are anticipated these kind of issues to be coming up but the leadership of the party is working very hard to ensure that we are not distracted,” he added.

    Like a mighty edifice in a cracked foundation, Labour Party went into 2023 general elections with a baggage of intra parties conflicts, bad feelings and “illegal suspensions.” WITHIN NIGERIA gathered that their failure to resolve these lingering internal crisis, has had reverberating effects that currently starring in their face.

    Apapa/Abure suspnsion

    The current leadership crisis rocking the Labour Party could best be traced back to April 18, when the party suspended a “factional leader”, Mr Lamidi Apapa, its National Deputy Chairman (South) and some other officials.

    Following their suspension, the party also went a step further by appointing acting executive members to fill their positions.

    In a statement issued by Ms Ladi Iliya, National Deputy Chairperson and Mr Kennedy Ahanotu Deputy National Secretary that Tuesday afternoon, the party stated that the decision was taken at a National Executive Council meeting of the party held in Asaba and attended by members of the National Working Committee.

    WITHIN NIGERIA also gathered that also in attendance at the Asaba meeting were states chairmen and secretaries of the party and its presidential candidate, Mr Peter Obi.

    The Asaba meeting was also attended by the party’s National Assembly members-elect, officials of INEC, those of the NLC and the Trade Union Congress, according to the statement.

    It added that the NEC reaffirmed and upheld the decision of the Akure convention which expelled its former publicity secretary Mr Arabambi Abayomi.

    The statement partly read thus; “NEC considered the disciplinary committee’s report which recommended the suspension of the former Youth Leader, Mr Anslem Eragbe and recommended him for expulsion at the next national convention.

    “Pending the next convention, NEC suspends Eragbe indefinitely.

    “NEC also suspended the following National Working Committee (NWC) members: Lamidi Apapa, Alhaji Salem Lawal, Favour Reuben, Gbenga Daramola, Samuel Akingbade and Mohammed Akali.”

    According to the statement, the NEC constituted a disciplinary committee comprising the National Youth Leader, Prince Kennedy Ahanotu, Acting National Publicity Secretary, Mr Obiora Ifoh, and Acting National Legal Adviser, Mr Edun Kehinde, as members.

    It listed other members as the Acting Deputy National Secretary, Mr Rotimi Kehinde and the National Vice Chairman South-South Mr Anthony Ezeagwu.

    The statement condemned electoral violence and the use of security agencies to intimidate voters and perpetrate other crimes in parts of the country.

    “NEC noted the resilience, and doggedness of our presidential candidate and its resolve to legitimately reclaim its mandate in court.

    “NEC accordingly calls on the judiciary to do the right thing irrespective of whose ox is gored,’’ the statement also read.

    It stressed its implicit confidence in Mr Julius Abure-led National Working Committee.

    With this, the party is said to have set a tone for what would later become its greatest undoing in elections they badly need to shore up their support base in Imo, Kogi and Bayelsa states.

    Apapa’s reactions to his suspension

    However, in a swift response to his suspension, on April 20, Apapa equally announced the  suspension of five party executive members.

    The suspended members were punished for attending the National Executive Council meeting convened by the embattled party chairman, Julius Abure in Asaba, the Delta State capital.

    This was contained in a letter addressed to the Inspector General of Police as a reaction to his purported suspension by the NEC.

    The letter dated April 18, 2023, was signed by the embattled National Publicity Secretary of the party, Comrade Abayomi Arabambi and copied to the “DG- Department of State Security Service; Acting National Chairman of Labour Party; LP-NWC, NEC; Press: Electronic, Print, Social Media; Mr Peter Obi, 2023 Presidential Candidate of Labour Party and Fellow Nigerians”.

    It listed Ladi Iliya Deputy National Chairman, NLC; Ayo Olorunfemi, Deputy National Chairman, TUC; Kennedy Chigozie Ahanotu, Deputy National Secretary; Dudu Manuga, National Women Leader and Innocent Okeke, National Vice Chairman South East as the affected members.

    Apapa explained why Abure was not qualified by law to hold any NEC meeting of the party, noting that there is a pending court order of his suspension in the letter addressed to the police boss.

    According to him, he is still the valid leader of the party, while urging the candidate of the party in the 2023 presidential election, Peter Obi, and other members to disassociate themselves from Abure’s leadership.

    The statement reads in part, “That following Julius Abure’s anti-party activities and disobedience to the FCT High Court Restraining order, Abure in CONTEMPT OF COURT ORDER CARRIED OUT AN ILLEGAL SUSPENSION AND EXPULSION of national working committee members under the leadership of Alh. Bashiru Lamidi Apapa.

    Barr. Ogbe: Supreme court has the final say

    “That the National Working Committee, NWC members met this afternoon after receiving information of the letter by the restrained former national chairman Julius Abure, and former National Secretary, Alhaji Umar Farouk Ibrahim and rejected the invitation to the elected members of the National Assembly to observe their illegal NEC meeting of our party in Asaba, Delta State.

    “That by this rascality exhibited by these miscreants, the national working committee of our party led by Alhaji Lamidi Apapa hereby, suspend the following officers with immediate effect: Ladi Iliya Deputy National Chairman NLC; Ayo Olorunfemi, Deputy National Chairman TUC; Kennedy Chigozie Ahanotu, Deputy National Secretary; Dudu Manuga, National Women Leader and Innocent Okeke, National Vice Chairman South East.

    “That the Acting National Chairman of Labour Party, Bashir Apapa, has declared the Asaba National Executive Committee (NEC) meeting of the party as illegal, stating that its presidential candidate, Peter Obi should stop hobnobbing with Julius Abure with a baggage of forgery, perjury and financial malfeasance.”

    Apapa leadership of the party noted that “Mr Peter Obi, the NLC & TUC leadership are hereby admonished to dissociate themselves from Julius Abure’s FORGERY, PERJURY AND CRIMINAL CONSPIRACY to avoid the shameful toga of Julius Abure’s corruption escapades”.

    “That it is clear that Julius Abure has undermined National Security, Peace and Stability of the Federal Republic of Nigeria with this brazen lawlessness which should not be tolerated by National Working Committee NWC of the Labour Party LP under the leadership of Alhaji Lamidi Bashiru Apapa

    “That by this rejoinder, the National working committee
    under the able leadership of Alhaji Lamidi Bashiru Apapa enjoins the labour party members nationwide to be patient and avoid any act of provocation and remain steadfast while Julius Abure remains restrained by the FCT High Court and from further parading himself as National Chairman of Labour Party in line with the WARRANT OF ARREST already issued against Julius Abure,” it added.

    Suspension of Kenneth Okonkwo, 11 others  by Apapa-led faction

    In any case, on May 5, the Lamidi Apapa led-Labour Party faction continued its suspension spree by suspending another 12 members for alleged anti-party activities.

    Among those suspended is veteran Nollywood actor, Barr. Kenneth Okonkwo.

    Barr. Okonkwo was one of the spokespersons for the Obi-Datti Presidential Campaign Council. He resigned his membership from the ruling All Progressive Congress (APC) before the presidential elections.

    Also suspended is the Acting National Publicity Secretary, Comrade Obiora Ifo.

    Their suspension was contained in a communiqué issued at the end of its National Executive Council (NEC) meeting in Bauchi State.

    The communiqué reads: “That the NEC in session also considers the action of 12 of its members namely – Obiora Ifo, Kenneth Okonkwo, Mrs. Adebayo Ekong, Com. P.G. Igene, Adeola Adebanjo, Funke Awolowo, Sam Okpala, Folusho considers Olakemi, Olubunmi Adesanya, Lanre Adenuga, and Olatubosun Oswald – for their anti-party activities and unruly behavior against the party leadership, which include issuing statements without the authority of the party.

    “The NEC in session, therefore, suspends them from the party. It also suspends all the National Working Committee (NWC) members and state chairmen and secretaries over contempt of the FCT High Court restraining order who participated in the illegal NEC meeting convened by Barr Julius Abure on April 18, in Asaba, Delta State, and recommends them for disciplinary action, and investigation for fraudulent and anti-party activities over their conduct of the April 15 governorship primaries in Imo, Bayelsa and Kogi states, directed by Julius Abure and Umar Farouk Ibrahim, parading themselves as National Chairman and National Secretary.

    “They are Prince Kenedy Ahanotu, Mrs. Ladi Illiya, Dr. Ayo Olorunfemi, Chief Innocent Agumba, and Mrs. Dudu Manuga, being the state chairmen and secretaries who attended that illegal NEC meeting.

    “The NEC also examined the anti-party activities of some of its members and resolved that the faction reaffirms and uphold the decision of the Ogun State executives which earlier expelled some members over their failure to pay membership dues for over six months.

    The affected members are Mr. Kehinde Shogunle, Engr. Akinpelu Shogunle, Engr. Lukmon Jagun Abiodun, Mr. Tokunbo Peters, Bukola Shoyooye, Barr. Oluwafemi Ibiayo, Feson Gbadebo, Dayo Folarin, Adeshina Shojobi, Bamjoko Ajekpe, Tunde Taiwo and Olatunde Abolade.

    Others are Abosede Lamidi, Malik Olaleye, Adesegun Banmodu and Rev. Olufolabi Adebayo.

    August 22 Labour Party Imo protest

    Earlier before the latest judgement, on Tuesday, irate youths said to be members of Apapa-led Labour Party faction  in Imo state, Tuesday, blocked the popular Imo State University junction along Okigwe Road, Owerri leading to the venue of the governorship campaign flag-off of LP candidate, Senator Athan Achonu.

    Their anger was that the presidential candidate of the party in the last election, Mr Peter Obi, was coming to support illegality by endorsing Senator Achonu who was reportedly  sacked by the court instead of their preferred candidate, Joseph Ukaegbu, aka Ikenga, who got the court’s nod.

    However, the former Anambra state governor, Peter Obi, the National Chairman, Julius Abure and Governor Alex Otti of Abia state who was elected under the party platform, ignored them and went to the Kanu Nwankwo Sports Centre, venue of the event to meet thousands of party supporters who were already waiting anxiously for them.

    Reactions trail the Appeal Courts rulings

    However, reacting to the development, Enugu-based legal practitioner, Barr. Daniel Ogbe told WITHIN NIGERIA that despite the critical nature of the Appeal courts ruling, there is still a respite for the two factional excos of Labour Party.

    “Any way, the court of Appeal Court is not the highest court in the land. It is an unfortunate development that the same court from different divisions is giving conflicting judgements.

    “The Court of Appeal is one despite different divisions in the country. I think that there should have been some level of consistency in the judgements being delivered by these courts even though they are from different divisions.”

    Explaining further, Barr. Ogbe who is the Enugu state gubernatorial candidate of  Action Alliance in the just concluded general elections stated that, “the fate of Labour Party Guber candidates is yet to be determined.

    “This is because it is now left for the Supreme court to make final pronouncement on this issue. And I believe that because this issue is of national importance, the Supreme court is to determine the legality or otherwise of Apapa-led faction of Labour Party.

    “So, I believe the Abure faction has the right to file a motion of stay of action pending when the Supreme Court gives final judgement on the issue.

    “We have only one supreme court in this country and any pronouncement they make is final.”

    Also reacting,  a Labour party member in Enugu state, Chief Lawrence Igwe told our reporter that it is very unfortunate that the Labour Party is embroiled in this kind of legal tussle.

    “It is unfortunate that instead of preparing for gubernatorial campaigns in an election that is less than four months now, we are thinking of how to get out of this legal tussle.

    “I believe strongly that if Supreme court rules in our favour, we will surely win the Imo Guber election.”

    Expectedly, the Julius Abure-led National Working Committee of the Party has maintained that Senator Athan Achonu remains the authentic candidate for the November 11 governorship election in Imo State.

    The party has also dismissed the rumour of Abure’s sack by Imo State Court of Appeal, accusing the ruling All Progressives Congress (APC) of stoking the crisis in the party.

    The Abure-led faction accused the ruling All Progressives Congress of destabilizing the party through funding support for the Lamidi Apapa-led faction.

    Umar Farouk: We are not distracted by the court ruling

    The National Secretary of the Abure-led NWC, Mallam Umar Farouk, revealed this in a press conference, at the party’s national secretariat in Abuja, yesterday.

    Farouk alleged that “in order to ensure a subjugation of the Labour Party, the ruling party has deployed all manner of strategies to stifle the party, part of which was to sponsor insurrection amongst some suspended former members of the party, Lamidi Apapa and a few others. Their assignment was to ensure that no progress is achieved in the party.

    According to him, “the heavily funded dissidents have tried to mislead the courts and some section of the media to harass the party leadership but all have failed. Only recently, the Court of Appeal sitting in Benin City affirmed Julius Abure as the National Chairman of Labour Party (LP).

    “We state categorically that Senator Achonu remains the Labour Party’s governorship candidate in Imo State as no court has stated otherwise. That the Independent National Electoral Commission has since published his name as the party’s candidate.”

  • Meet Barr. Geoffrey Asadu, Enugu blind lawyer who has not lost any case in the court

    Meet Barr. Geoffrey Asadu, Enugu blind lawyer who has not lost any case in the court

    Call him an enigma, a trailblazer, or a great achiever, you may not be entirely wrong.

    Sir Barrister Geoffrey Asadu is a lawyer with a difference. Ignoring his physical challenges of blindness he gained admission into University of Nigeria, Enugu Campus and came out with good grade. For more than two decades, he has been practising law and has not lost any case in the court of law. WITHIN NIGERIA spoke with him where he took our reporter down memory lane on his journey of life.

    Early life

    I was born on February 25, 1962. I hail from Isiakpu community, Nsukka local government area of Enugu state. One thing you should know is that I was not born blind. I was already six years old when all of a sudden I became blind. Before then, I was already dealing on yam tubers at Ogige main market to help my parents augment their source of income as they were not all that financially stable.

    How the blindness came about

    The blindness came as a result of severe headache that started in 1976 when I was fourteen years. The headache lasted for about three days. As the headache continued, I was taken to one Akulue hospital, Nsukka where I was  administered with one drug by one Dr. Achufusi, the owner of the hospital(now late). I was given an injection by Dr. Achufusi for three days.

    However, on the third morning, I was supposed to go to hospital but I was surprised to discover that I couldn’t see again. I became totally and automatically blind. I got up that morning but couldn’t find my sight on again. I groped and started shouting that I wasn’t seeing again. I was rushed to Bishop Shanahan Hospital, Nsukka, UNTH Enugu and Parklane Enugu. But no way. We even went as far as Kano state but all to no avail.

    My sight couldn’t come back again till today. My father did everything he could to make me see again but it was no longer possible. When later I told Dr. Achufusi that many people were of the opinion that the injection he administered on me might have caused my blindness, he became so much worried and unease.

    Life into blindness

    Having  discovered that I have become totally blind, I felt so much devastated. I almost lost hope in life. However, in 1979 I started my primary school at school for the blind, Oji River, then Anambra state.

    At first, I was reluctant to go there but later, I had to go there. I did brail reading and writing. In 1981, I passed common entrance and was posted to Saint Teresa’s College, Nsukka where I did my WASSCE in 1986 with flying colours. I have been using brail machine,type writer and tape recorder all through my years and even now.

    In 1987, I did JAMB and got admission into Faculty of Law University of Nigeria, Enugu Campus(UNEC). In any case, I deferred the admission because of my employment with Anambra state Social welfare. I started the study in 1988 and finished in 1992, had my Law school in Lagos in 1993 and finally called to bar.

    Life as a blind lawyer and social welfare worker

    It has not been easy. It is not supposed to be easy as a matter of fact. There has been a lot of challenges. But, I don’t have any regrets. I have not lost any case in the court since I started practising more than twenty five years now.I am feeling so much fulfilled. I don’t think there is anything I could have achieved better or more if I was not blind.

    I am married with seven children, two of whom are now graduates. I have built two duplexes in my village here. I have private car, so to speak. Politically, I am also active. I am a member of PDP. Currently I am the President-General of Enugu state Education and Social Development workers Association. I rose from the level of  Welfare Assistant to Director. So, it is has been challenging but I don’t feel shortchanged. I am fulfilled.

    Challenges of physically challenged persons

    Physically challenged persons pass through a lot of things. However, let me advise not to see their condition as an excuse to degrade themselves. It is not a certificate for them to start begging on the streets and engage in other undignified activities. Let them look into themselves and see what they can do for themselves. They should start small business or any craft rather than begging.

    At the same time, I wish to appeal to the government at all levels to look into the problems and challenges of physically challenged persons. They should see them as people that need special attention in the society.

    They should put them in their scheme of things like employment, empowerment and appointment. They should not neglect them. At the same time, NGOs, good spirited individuals and even churches can lend a helping hand to the physically challenged persons. So many of them are geniuses but because they don’t see anybody to give them a helping hand, they become useless in the society. I always wonder what I would have been if I didn’t get formal education. That’s what is happening to tens of thousands of physically challenged persons in our society.

    Death of my wife

    My wife died about two years ago. She was a civil servant, reaching the level of principal at Science, Technical and Vocational School Management Board, STVSMB, Enugu state. Life has not been easy for me since her death but I thank God for everything.

  • BREAKING: Kim Kardashian files for divorce from Kanye West

    BREAKING: Kim Kardashian files for divorce from Kanye West

    Kim Kardashian has filed for divorce from Kanye West after six years of marriage.

    Rumours of divorce had dogged the couple since Kanye West had a mental breakdown last year.

    But according to TMZ, Kim has now made the move to make the separation legal.

    The divorce papers have been filed by Laura Wasser, an American attorney specializing in divorce.

    According to the report, Kim is asking for joint legal and physical custody of the couple’s four kids.

    The report said Kanye is fine with the joint custody arrangement.

    This will be Kim’s third divorce and Kanye’s first.

    She was married to music producer Damon Thomas before they divorced in 2004.

    She married Kris Humphries in August 2011 but she filed for divorce after 72 days.

    This is Kanye’s first divorce.

  • My leg might be amputated if I don’t get bail, Maina cries out

    My leg might be amputated if I don’t get bail, Maina cries out

    Former chairman of the defunct Pension Reformed Task Team Abdulrasheed Maina on Friday told the Federal High Court, Abuja that his leg might be amputated if not granted bail to have adequate medical care.

    The defendant told Justice Okon Abang through his counsel Sani Katu that he was taken to the University of Abuja Teaching Hospital, Gwagwalada because of his worsening health condition and the medical report was exhibited in the bail application.

    The lawyer said the Kuje Correctional Centre where Maina is being remanded has no facility to attend to his state of health.

    Maina had on January 20 approached Justice Abang for another bail after his arrest for jumping the first bail.

    In a motion on notice dated and filed on December 24, 2020 brought by one of his lawyers Anayo Adibe, Maina said the application became necessary over his worsening health condition.

    In the motion, the ex-pension boss told the court that he had reasonable and responsible persons who were willing to act as sureties if granted bail.

    Maina is being tried by the Economic and Financial Crimes Commission for alleged N2 billion fraud.

  • Court remands 18-year-old housewife who allegedly killed her husband’s 17-year-old fiancée in Kano

    Court remands 18-year-old housewife who allegedly killed her husband’s 17-year-old fiancée in Kano

    Suwaiba Shuaibu, 18, has been remanded in prison by a magistrate court sitting in Kano for allegedly stabbing her husband’s 17-year-old fiancée, Aisha Kabir, to death.

    The suspect was arrested on January 2, 2021 and during interrogation, confessed that she killed the victim out of jealousy because her husband was planning to marry her.

    The Prosecutor, Asma’u Ado, told the court that on January 1, 2021, at about 10.pm, the defendant called her husband’s fiancée, Aisha Kabir, on phone.

    “In the process, the defendant deceived and lured the victim into an uncompleted building at Gimawa village, attacked and stabbed her with a sharp knife on her neck and chest. On January 2, the victim was found at the uncompleted building by her father, Kabiru Jafaru, and was rushed to the Tudun Wada General Hospital where she was confirmed dead,” Ado said, adding that the offence contravened Section 221 of the Penal Code.

    The defendant later denied committing the offence.

    The Chief Magistrate, Mustapha Sa’ad-Datti, ordered that the defendant be remanded in a correctional centre pending legal advice from the office of the Director of Public Prosecution (DPP), and adjourned the case to March 17, 2021.

  • $11m fraud: Why ‘businessman’, Invictus Obi, must be made a scape goat – US Govt tells Court

    $11m fraud: Why ‘businessman’, Invictus Obi, must be made a scape goat – US Govt tells Court

    Exclusive  reports obtained by PREMIUM TIMES, disclosed that the United States government asked the federal trial court in Virginia to impose a stiff sentence on Obiwanne Okeke, aka Invictus Obi, 33, to serve as a deterrent to other Individuals with criminal tendencies.

    Newsmen gathered that the U.S. authorities opposed the defendant’s plea for a lenient sentence., saying, “the public must have confidence that the activities of the defendant and his co-conspirators are treated with the utmost seriousness.

    “The public must look at the actions of the defendant, being a participant in the online fraud schemes that have become so very prevalent, and know that such conduct cannot be tolerated.

    “Individuals inclined to consider committing crimes like those of the defendant must be made to pause in thinking about the consequences that follow,” Acting United States Attorney for the Eastern District of Virginia, Raj Parekh, said.

    Mr Okeke, was sentenced on Tuesday, having pleaded guilty to a wire fraud charge in June 2019. Earlier, his pastor and family members had begged the US govt. for leniency.

  • Federal High Court abolishes fees on human rights cases

    Federal High Court abolishes fees on human rights cases

    The Federal High Court has abolished the charging of fees on monetary claims and default fees, this is in line with the fundamental rights enforcement procedure rules.

    A statement conveying the court’s new order, issued by an Assistant Chief Registrar (Litigation), Jane Egbo, upon the directive of the Chief Judge, Justice John Tsoho, was made public on Tuesday.

    The statement, titled: “Re; Monetary claims and default fees in fundamental right applications,” reads: “I have been directed by the Hon. Chief Judge of the Federal High Court, Hon. Justice J. T. Tsoho to inform all DCRs (Deputy. Chief Registrars) and Station Registrars that henceforth, monetary claims and default fees in respect of fundamental human right applications should no longer be charged.

    “Be so informed and comply accordingly.”

    Before now, applicants in fundamental rights enforcement cases were charged fees on monetary claims.

    They were also required to pay penalty, where they defaulted in filing processes within the time allowed by the rules.