Two Darfur rebel groups said they destroyed a Sudanese military convoy after an ambush held on Friday in the road linking the capitals of North and South Darfur states.
The Justice and Equality Movement (JEM) and Sudan Liberation Movement led by Minni Minnawi (SLM-MM) said they attacked a convoy of the Sudanese troop riding nearly two hundred vehicles of different types and sizes in Al-Fasher Nyala road at Lmmaina village near Shangil Tobaya in North Darfur.
The SLM-MM said the bulk of the convoy was destroyed and 20 vehicles full weapons were seized, while JEM military spokesperson Badawi Moussa Al-Sakin said they captured a tank.
The Sudanese army spokesperson was not reachable to comment on these statements about the joint attack.
SLM-MM spokesperson Abdallah Mursal, accused in a second statement the hybrid peacekeeping mission (UNAMID) of rescuing the Sudanese forces who escaped the attack to Shangil Tobaya .
Mursdal said UNAMID dispatched two helicopters to Shangil Tobaya to transport Sudanese soldiers wounded in the attack to Al-Fasher hospital
“The SLM-MM condemns in the strongest terms the UNMAID for disregarding its principal mandate, protection of civilians, Mursal said (…), accusing the mission of taking part in the conflict by protecting the regime’s forces and providing different types of support to the Sudanese army.
He further called on the United Nations, African Union, Arab League, European Union and United States to intervene to stop such cooperation with the Sudanese government “So as not to become a party to the conflict if it continues in its cooperation with the government and in particular the Sudanese army,” he waned.
JEM and SLM-M are members of the Sudanese Revolutionary Front (SRF) together with the SPLM-North and SLM of Abdel Wahid Al-Nur. They reject a peace deal the government signed with the Liberation and Justice Movement in Doha last year and call for a comprehensive process too settle Sudanese problem.
Delegations from Sudanese government and Darfur regional authority will arrive Sunday to Doha to participate in an a meeting of an international mechanism to follow-up the implementation of peace document inked in July 2011.
The meeting will discuss preparations for a donor conference to be held in Doha next month, peace negotiations between Khartoum and a splinter faction of JEM rebels. The meeting also will tackle the security situation and the need to cooperate with international NGOs and foreign experts on the ground.
Two children of the same parents were on Thursday night consumed in an inferno which engulfed their one-room apartment situated on the top floor of a two-storey block within the Iyaganku police barracks, Ibadan, Oyo State.
One of the kids, a three-year-old boy, Olasunkanmi Maji, reportedly got burnt beyond recognition in the fire outbreak while his sister, five-year-old Aishat Maji, who was rescued with third degree burns and rushed to the hospital, died on Friday morning.
The mother of the children was out at the time of the occurrence and had locked the children in the room with a candle serving as a source of illumination.
The children were reported to have slept as at the time the fire broke out while many believed that the candle caused the fire outbreak.
Fire Service officials were reported to have arrived at the scene of fire incident from Alesinloye Fire station and succeeded in putting out the fire before it could spread to other parts of the two-storey building.
The burnt remains of the boy were found while the girl was quickly rescued. Unfortunately, however, she could not make it as she was reported to have died the following morning.
It was gathered that the father of the deceased, Sergeant Mohammed Maji, was serving at Tede Division in Oyo State as of the time the incident happened, but had arrived Ibadan the following morning.
The Deputy Commissioner of Police, Admistration, Mr Clement Adoda, confirmed the story of the fire outbreak, but said that the police were still investigating the actual cause and would not depend on the candlelight rumour.
President of the Christian Association of Nigeria, Pastor Ayodele Joseph Oritsejafor has celebrated in Warri the 40th anniversary of his being called for high service in the church.
He was converted and ordained a pastor in 1972 by the late Benson Idahosa, the first pentecostal archbishop in Nigeria.
He later founded his own ministry, Word of Life Bible Church based in Warri.
President Goodluck Jonathan and Governor Emmanuel Uduaghan of Delta state were at the ceremony today.
The highlight of the celebration was the announcement to the congregation that Pastor Ayo Oritsejafor has joined the league of rich Nigerian pastors who own private jets. Other pastors in the league are Pastor Enoch Adeboye of RCCG, Pastor David Oyedepo of Winners Chapel and Pastor Chris Oyakhilome.
The new jet marked N431CB is a bombardier Challenger 601 heavy jet and is estimated to cost a minimum of N600million
The jet was reportedly bought for the pastor by the church.
Speaking during the celebration, Nigeria’s President Goodluck Jonathan, a special guest of honor at the occasion, described Pastor Oritsajafor as a national Christian, visionary leader and a great man of faith.
Oritsejafor’s jet has stirred controversy on social media, with commentators describing it as one more proof that the followers of Jesus, who did not own a donkey, have derailed.
“Listen Folks if you wanna become rich and can’t get on the political ladder try Pastor Now, New Get rich quick via the people’s gullibility.”, wrote Segun Adekunle Alli.
Kayode Ogundamisi, Nigeria’s activist based in the UK, penned: “The damage most Nigerian Pentecostal churches are doing to Nigeria now is becoming unbearable. It is now more like Pentecostal economic Jihad against the gullible mass. Ayo Oritsejafor’s Jet is just a minute example of how insensitive the pastoral section of the Nigerian ruling class can get. Colonial missionaries blessed us with schools such as CMS Grammar school, CKC in the East and loads of free health services for the poor masses but today Christ is now a reason for the suppression of the poor mass and when they want to fight the oppression of pastors friends in power, they are told to suffer well here and enjoy in heaven. Rather than join the mass to get government to fix death traps called roads, the pastors join political office holders in the jet race, they would fly over us and avoid the bad roads, they sure will also get a section of the Bible to justify the wickedness”.
Chiedu Uche Okoye said he expected Oritsejafor to turn down the gift of jet by his congregation and use the money for the good of members and the community.
Uche Ezechukwu, a public affairs analyst, wrote: “The claim is that it was donated by the members of his flock, most of who cannot afford two square meals a day and had flocked to him for miracles. It doesn’t now matter that Christ did not own even a donkey. Until the government gathers the courage to tax these ‘men and women of God’ who wallow in profligacy but put nothing back to the society, they will lead us to trouble, not heaven.”
Prince Agber Hon Adum a.k.a Prince Kent, based in Washington DC said: “The devil is really having a field day with we the so called believers , even those whom we thought should have known better. Many faces of Satanic temptations: from garden of Eden, to Christ on the cross, to the modern times. No o hiding place for humans, except by his grace and mercies.
Chindima Onwurah Chris appealed to critics to leave “the men of God alone”.
Here are some photographs at the ceremony:
President Jonathan, Oritsejafor at the ceremony in Warri, Delta state today
Above: PRESIDENT GOODLUCK JONATHAN (L) WITH THE PRESIDENT, CHRISTIAN ASSOCIATION ON NIGERIA (CAN) PASTOR AYO ORITSEJAFOR AT THE 40TH ANNIVERSARY OF PASTOR ORITSEJAFOR IN WARRI ON SATURDAY
Below: FROM LEFT: GOV EMMANUEL UDUAGHAN OF DELTA STATE; FOUNDER, THE WISDOM CENTRE, USA, DR MIKE MURDOCK; PRESIDENT GOODLUCK JONATHAN; PRESIDENT CHRISTIAN ASSOCIATION OF NIGERIA, PASTOR AYO ORITSEJAFOR; HIS WIFE HELEN AND CHILDREN CUTTING THE CAKE AT THE 40TH ANNIVERSARY OF PASTOR ORITSEJAFOR
Oritsejafor, his wife, Jonathan, Uduaghan at the cutting of cake of the 40th anniversary of Oritsejafor’s ordainship
The Progressive Peoples Alliance has described as a mirage the pronouncement by the Peoples democratic Party that it hopes to reclaim all the South East states in the 2015 general election.
The party said with the abysmal record of the PDP in governance at the federal, state and local government levels, no one can trust it with power again.
The National Publicity Secretary of the PPA, Dr. Madukwe Ukaegbu, who spoke on behalf of the party in a statement, said the PDP has failed in meeting the yearnings and aspirations of Nigerians and does not thus qualify to be entrusted with leadership again.
Ukaegbu said in the last 13 years that the PDP has been in power at the federal level and in most states of the federation, it has nothing to show for it except the few individuals elected on its platform who have distinguished themselves without serious input from the party.
Rather, he said PDP’s leadership has been characterized by bad governance, abuse of office, political intimidation, poor infrastructure, unemployment, insecurity, poverty and numerous other problems.
He said: “The state of infrastructure is worrisome, our roads have turned death traps, no access to basic health facilities, lack of quality education, economic depression, deteriorating airport facilities, insecurity, political instability and in essence underdevelopment.
“In 1998, 40 per cent of Nigerians lived below the poverty level but as at today the figure has risen to about 70 per cent and as we all know a hungry mind is the devil’s workshop.
” Nigerians cannot afford two square meals talk less of three square meals.
“Abuse of office under the PDP government has become a way of life leading to scams in pension, subsidy and Security and Exchange Commission administration.
“The level of unemployment has led the country into security problems such as Boko Haram, militancy, kidnapping, declaration of self government amongst others.
“The rule of law has been greatly abused, the judiciary has lost financial and administrative autonomy due to undue and overbearing influences by the government, leaving the lone voice to be deprived justice.
“The PDP-led government uses all state apparatuses, including anti-graft agencies, to fight their political enemies and many political opponents have been denied victory because elections are characterised by military intimidation with the use of armoured tanks, arms and ammunition to prevent people from exercising their voting rights.”
Ukaegbu advised the PDP government to forget winning future elections in the South East, stating that the era of military intimidation was over.
He added: “We are ready to face any force from the army, police, etc to ensure genuine democracy.
“We are tired of the so-called Abuja politicians who sing praises of government without having anything to show for it in terms of development in our region, having been deliberately marginalised for reasons unknown.
It is unusual for me to comment on matters I considered highly political but since it concerns Nigerian in general I think I might be able to say something on my take in a very scriptive way.
Federal Government
His Excellency President Jonathan scrambled to curtail rising turmoil following the significant hike in prices of oil on January 1, 2012 and one of his strategy was to highlight the rot in that industry. The government continues to do so with high profile arrests and announcement to recover lost revenues by establishing a review panel (whatever its name is) headed by Mr. Nuhu Ribadu, former Presidential candidate of Action Congress of Nigeria (ACN). The Federal government also determines the individuals Mr. Ribadu had to work with.
Since the hiring of Mr. Ribadu is secretive without any transparent procedure, it is difficult for anyone to say in specific terms what was agreed. But I’ve heard that the motive concerning the hiring was to silence the country’s opposition due to Ribadu political affiliation and credibility while he led Economic and Financial Crimes Commission (EFCC) along with a strategy to combat international media or governments’ scrutiny of the Federal Government due to Ribadu commentaries.
For whatever reason, Mr. Ribadu was hired and I think his report was delivered few weeks ago generating all sort of rebuke and accolades from all sources.
Mr. Nuhu Ribadu
Ribadu is a ‘name brand’. (full-stop)
For one thing he is not an auditor or forensic accountant in any jurisdiction but it is clear that he is a politician affiliated with the main opposition in Nigeria (ACN). He is a lawyer, retired police officer and former head of EFCC by political appointment. I don’t think anything is wrong with this background.
But it does not take a rocket science to see that it is highly ambitious for Mr. Ribadu to think that the government will agree with whatever he discovered or be considered independent in his resolve.
Nevertheless, if Mr. Ribadu had been an auditor or forensic accountant, he would have rejected the appointment based on the fact that he was not allowed to pick his own team, which is just ethical obligation that profession required. And as a political opponent of the federal government, I say that Mr. Ribadu should have jettison his political views and be able to compromise with people he was surrounded with to perform that task.
The handling of the report and disclosure to foreign media even before the Presidency got a copy does not help Mr. Ribadu or the opposition one bit because it leaves open the federal government bashing of everyone but themselves.
What I am saying is this, the fallout of the report fall squarely on Ribadu’s lap. And this does not mean I am supporting the Federal Government. Ribadu should have remained a ‘named brand’ rather than been dragged into political quagmire.
I remain
Dr. Rashid A. Balogun, CPA, LLB(Hons.), LLM(London)
Town hall meeting on Constitution review committee
Information available to 247ureports.com indicate thatTown hall meeting on Constitution review committee in southern Kaduna has reached a milestone resolution. It ruled that section 8 of the constitution be repeal to enable them have a state.
Gabriel Nyam, Turakin Agan in his submission in Zonkwa, Zangon Kataf local government of Kaduna state, the state creation should not be on region but on merit.
Southern Kaduna is largely populated by non-Muslims. The region had recently witnessed a series of religious violence between Muslims [living largely in Northern Kaduna] and non Muslims living in the southern part. It had served a hot bed for the security agents.
The demand for new state is believed to have resulted from the ongoing religious persecution.
Governor Adams Oshiomhole of Edo State says the government took a tough stance against erring teachers, because even the Bible says he does not work, does not eat.
Speaking at an Inter-denominational Service organized by the Christian Association of Nigeria for him Benin City, yesterday, as part of activities to close his first tenure in office and usher in a second tenure in office, Comrade Oshiomhole said he prays to God everyday to have the courage to do the right thing for the people of the state.
The service which attracted the cream of the society in Edo State including former Head of state, General Yakubu Gowon, chieftains of the Action Congress of Nigeria, market women, Youths and students was held at the hard court of the Samuel Ogbemudia stadium.
Responding to a plea by the Chairman of the Christian Association of Nigeria (CAN), Edo State, Bishop Peter Imasuen, for him to recall the sacked teachers, Oshiomhole said: “the prayer I ask for everyday is for God to give me the courage and wisdom and to constantly remind me that I am here not because I am the best. I am here because he chose to favour me with the responsibility of leadership to harness the resources of our state and to creatively manage them”.
“I have been very fortunate because it one thing to think you have done your best and it is another thing for the people to appreciate it” he said.
“The Chairman of CAN has asked me to undo all that we have done. I am a Catholic and every day I ask God to forgive me my sins, even as I forgive those who sin against me. I appreciate the power of forgiveness. The Bible says the labourer deserves his wages and the Bible also says that those who do not work should not eat. And these are the challenges of leadership. The Bible also tells us that if a finger leads you to commit sin, it is better to cut it off. If a teacher would lead us to commit sin we better dismiss that teacher.
“For Edo to work, all its parts must work. Every man and woman of age must work. That is why I take my work seriously. Every leader must device the right means under the guidance of God to deploy the carrot just as much as you will the so that you will have honour of rewarding those who helped to deliver service just as you must find the courage to bring to line those who think they can earn without working” he explained.
Oshiomhole remarked that the courage to do the two was what he asked for and the courage to define the limit, and that “is what has guided me”.
The Governor said “it is important that I also clarify that it hurts me when I have to say to a man who voted for me only four months ago that his job is over. Ninety- eight percent of those teachers or more voted for me. I actually met some of them and some by their names I know are relations of ACN leaders. Even yesterday I learnt that one is the wife of a very senior ACN leader, a very personal friend. But my understanding of my brief is that if I don’t have the courage to instill discipline in our public service, the capacity of the government to deliver will be severely weakened”.
Oshiomhole explained that all those beautiful schools will come to naught if the teachers are in Onitsha when they are supposed to be in the classroom, adding that “I worry about the future of our state.
“If we must have a work force that would produce men and women who have the capacity and the skill to contribute to the growth and development of Nigeria we must pay maximum attention to access, quality of public schools with teachers that are ready to teach and impact knowledge in an environment is enabling” the governor noted.
In his message, Most Rev.(Dr.) Friday John Imakhai said the victory of the governor and his deputy were well deserved
According to him “in view of the monumental and positive impact of the policies of his administration on the lives of the people of the state, evident in all spheres of our common life. It was a leadership predicated on a well thought out and faithfully executed vision and transformation of the state”.
The Cleric who took his text from the book 2ndKings Chapter 18 v 1:8 with the theme: Godliness in the Act of Governance” said the governor visionary leadership were there for all to see.
“The massive votes of the people were an expression of your vision and a clear mandate to enable you continue the good work you have started. The Edo State experience under your leadership is a good example of leadership. It is also worthy to note that your re-election by popular votes has reestablished as the ultimate custodian of political power to whom leaders are accountable.
“What the people saw in Edo State was purpose driven and result oriented leadership poised towards good governance and service delivery rather than leadership reduced to a huge joke. Good governance is participatory, consensus oriented, achievement oriented, accountable, responsive. By implication the views of the minority are taken into consideration in the process of decision making” he said
The Cleric said God expects those has chosen to rule in godliness adding that is what we have seen in the style of comrade Adams Oshiomhole.
In his remark, former Head of State General Yakubu Gowon expressed delight that the people of Edo State voted massively for the governor.
According to him “am here not only to congratulate the governor but the good people of Edo State for casting their vote for him to be governor for a second time. It is certainly the choice of God. The result of the election shows that it is one the best in the country. It reminds me of the support I had during the Nigeria crisis. Bendel State was one of the states that gave me the greatest support.”
Expressing confidence in the ability of the governor Gowon said “I can assure you that he would do his best to surpass what he did in the first term.”
He told the governor “you should look higher after this. That is our prayer. Your re-election is a proof that people love you. You are the governor of Edo State, and not of your political party. You are working not only for Edo but for the oneness of Nigeria.
Special prayers were said for the Governor and family, the Deputy Governor and his family, the Judiciary and Legislature, the nation, the Oba of Benin and Traditional Rulers.
As I said in the first part of this viewpoint which was published on this website last week (Google the headline and read online), this suit will eventually end in the Supreme Court. As we speak, Governor Okorocha and the APGA have appealed to the Supreme Court to intervene in the case. It is expected that this appeal to the Supreme Court will stagnate the work of the Court of Appeal, Owerri on this suit. As I said in my review, all the ingredients in the Agbaso/INEC suit of 2007 are present in the ongoing Ararume/INEC suit. It will be recalled that on 27th November, 2008, the Court of Appeal sitting in Port Harcourt adjourned indefinitely on the hearing of an appeal filed by Godwin Ararume against Independent National Electoral Commission (INEC) in his effort to truncate the victory of Chief Ohakim in the Kangaroo Election of April 28, 2007. That day (27/11/08), all the parties in the suit were gathered in the Court of Appeal, Port Harcourt for the hearing of the suit, when Justice Saka Ibeyeye suddenly announced that the hearing of the case could no longer go on because he had just received a letter from the President of the Court of Appeal that the Court of Appeal, Abuja was also hearing a similar suit filed by Chief Martin Agbaso. In spite of the shock and grief expressed by all the counsel, the Court of Appeal Port Harcourt suspended the hearing indefinitely. In the same vein, the Court of Appeal, Owerri in its sitting of Wednesday, 7th November adjourned hearing on the ongoing Ararume/ACN suit indefinitely. The judgment was expected; it’s much better to allow the Supreme Court to take control and resolve this matter decisively.
In its appeal to the Supreme Court, the ALL PROGRESSIVES GRAND ALLIANCE(APGA) is seeking the following reliefs:(1)To allow the appeal of the Appellant (i.e. APGA) , and set aside the decision of the Court of Appeal and dismiss the application for leave to appeal as interested party; (2) To remit the appeal in CA/OW/101/2012 tainted by the proceedings in the application for leave to appeal, to the Court of Appeal to be determined before another panel of Justices
As I said earlier, the Ararume/ACN case started from the Federal High Court, Owerri and not from the Elections Petitions Tribunal. The Federal High Court dismissed the suit because according to the Judge,” the case has metamorphosed to an election petition matter”. So, in other words, the Federal High Court, Owerri struck it out because of lack of jurisdiction to hear the case. In his considered opinion the presiding judge felt the suit should be heard in the Elections Petitions Tribunal and not in a regular court. The issue of jurisdiction will be a very crucial factor in the judgment of the Supreme Court on this suit. Jurisdiction is a factor which may make or mar the efforts of the parties in the suit. The ruling by the judge of the Federal High Court Owerri strikes a chord with the judgment of the Supreme Court in the Agbaso/INEC suit. Delivering judgment on the suit on July 16th, 2010, the apex court clarified that “what took place on 14th April, 2007 in Imo State in particular was an election and as such any action relating to the processes leading thereto including the actual conduct of the event or its cancellation fall within the jurisdiction to the Election Tribunal by operation of law”. The decision of the Ararume/CAN Group to channel their case through the regular court (Fed High Court) is incompatible with the ruling of the Supreme Court on July 16th, 2010 in the Ararume /Ohakim suit. What the Supreme Court actually said on that judgment should be a judicial precedent which the lower courts must faithfully adopt. The ramification of the Supreme Court pronouncement is that jurisdiction to hear petitions on elections, whether inchoate, cancelled or concluded belongs to the Election Tribunals and not to the regular courts. This is perhaps why the judge of Federal High Court struck out the ongoing Ararume/ACN and INEC suit for lack of jurisdiction.
Recall that in 2007, Chief Martin Agbaso dragged INEC to Court to protest the cancellation of the April 14th 2007 governorship election which he won fair and square. Chief Agbaso filed a suit in the Federal High Court Abuja on 19th April 2007 challenging the cancellation of the Election and requested the Court to stop the April 28th Election from holding. The Court failed to hear the suit before the election of April 28th, 2007. On April 30, 2007 the Court struck out Agbaso’s case and directed him to go to the Elections Tribunal since the election he was trying to stop held on April 28th, 2007.It is very callous that a Judge who had all the time to stop the Kangaroo election of 28.4.2007 turned a blind eye and waited for the so-called election to hold before ruling on Agbaso’s petition.
Chief Agbaso took his case to the State Elections Tribunal in Owerri. On June 26th, 2007, the election Tribunal in Owerri held that it was a pre-election and constitutional matter which only a regular court could hear. Recall that a regular court (Federal High Court, Abuja) had already declined hearing the suit. On 14th April 2008, the Court of Appeal, PortHarcourt upheld the ruling of the Election Tribunal that the matter should be tried in a regular court. When the matter eventually got to the Supreme Court, Justice Samuel ONNOGHEN who delivered the lead judgment on JULY 16, 2010 said:” The April 14, 2007 cancelled election remained an election even though it was inconclusive”. He therefore concluded that being an election, the only place to question the legality or otherwise of it was before the Imo State Governorship Election Tribunal. He consequently upheld the argument of Bon. Nwakamma, Counsel to Chief Ikedi Ohakim, the then State Governor of Imo State and declared Ikedi Ohakim validly elected.
Furthermore Justice ONNOGHEN said: “It is my considered view that since the action concerned an election, whether inchoate or not, the proper court with jurisdiction to entertain any action arising therefrom or relating thereto is the relevant election Tribunal established by the constitution of this country as the matter is not a pre-election matter neither can it be accommodated under the procedure of judicial review”. Justice ONNOGHEN further said: “Section 164 of the Electoral Act 2006 defines an election as meaning any election held under this Act and includes a referendum and that it is beyond doubt that what took place on 14th April, 2007 in Imo State in particular was an election. As such, any action relating to the processes thereto including the actual conduct of the event or its cancellation, falls within the jurisdiction of the electoral Tribunal by operation of law and no other Court or Tribunal is clothed with jurisdiction to entertain it in any guise”.
Justice Onnoghen concluded thus: “the appeal is meritorious and allowed by me”, adding that” the judgment of the lower Court is set aside while that of the Federal High Court delivered on 30th April, 2007 to the effect that the Court had no jurisdiction to entertain the action is hereby restored and affirmed by me”. The apex Court also held that the case was commenced at the Federal High Court “by a defective procedure”. Out of the panel of five justices, Justice Christopher Chukwuma – Ene was the sole dissenting voice.
After a careful review of the pronouncement of the apex Court in Agbaso/INEC suit, one begins to have a sense that the court with original jurisdiction in the ARARUME/ACN suit would have been the Imo State Governorship Elections Tribunal and not the Federal High Court. Now that Governor Okorocha and APGA have appealed to the Supreme Court, let us wait and watch the judgment of the Supreme Court. If the Supreme Court rules that the suit should not have been passed through the Federal High Court but through the State Elections Tribunal, then the hope of ACN Group will crumble like a house of cards.
On the election petitions affecting Governor Okorocha, it is pertinent to recall that the Supreme Court gave its final judgment on the PDP Vs Okorocha suit on Friday. March 2nd, 2012. The Supreme Court struck out the appeal and Governor Okorocha was upheld as the validity elected Governor of Imo State in the 2011 governorship election which held on April 26th, 2011 and the supplementary election of May 6, 2011.
Now that this same suit has surfaced again at the Apex Court, the next question is: “Can the Supreme Court overrule itself?”Again, can the Court of Appeal, Owerri ignore the fact that the Apex Court has already given judgment on this suit?
In an attempt to provide an answer, one can only refer to what transpired when Chief Martin Agbaso, after losing at the Apex Court, went back to ask the Court of Appeal to set aside its judgment of 14th April, 2008 in the light of fresh evidence as a result of the judgment of the Supreme Court. Chief Agbaso made a simple appeal thus: “You, the Court of Appeal, in your ruling of 14/4/2008, upheld the Election petitions Tribunal ruling of 26th JULY, 2007 that the Tribunal had no jurisdiction to hear my suit. Now that the Apex Court has ruled otherwise, please set aside your judgment and set up a fresh panel to hear my case”. In its judgment delivered on Wednesday, the 19th Day of January, 2011, Justice Mojeed A. Owoade who read the lead judgment in the Suit No CA/OW/254/2010 cited so many authorities to support the refusal of the Court to overrule itself. While the Counsel for Agbaso made a case for setting aside the judgment on the grounds that is was judgment given by mistake (judgment per incuriam) the Counsel for Ohakim held that the Court of Appeal cannot set aside its judgment because of the doctrine of FUNCTUS OFFICIO which means that a Court cannot set aside its judgment unless for some reasons which were not seen in the instant case.
The arguments by counsel to both parties in the Court of Appeal case show that, although in some exceptional circumstances, a Court may have the power to review its own decisions, such cases are a rarity. In spite of manifest injustice and miscarriage of justice meted out to Chief Agbaso as a result of the mistake of the Tribunal and the Court of Appeal, the Court of Appeal remained obdurate and refused to set aside its judgment Lending her weight to the judgment, Helen M. Ogunwumuji JCA, said: “Order 18 R 4 of the Court of Appeal Rules 2007 provides as follows: “This court shall not review any judgment once given and delivered by it, save to correct clerical mistake or some error arising from any accidental slip or omission…….” She cited the words of BELGORE JSC (now retired) in OBIORA V IBERO where he said inter alia”… Once the Supreme Court has entered judgment in a case, that decision is final and will remain so forever. The law does not permit this Court a double say in the same matter; it allows or dismisses an appeal, not the two on the same matter. The inherent powers of S6 (6) of the Constitution cannot be invoked to reverse a decision already given by this Court. No matter the sentiments or temptation, we cannot be lured into revisiting a matter in which we have given a final opinion…”
The bottom line of this viewpoint is that the ongoing ARARUME/ACN court suit will raise a series of fundamental questions on the justice delivery system in Nigeria. Some of these issues include (1) Can the Supreme Court set aside its judgment? (2)If yes, under what conditions can this happen? (3) Are those conditions present in the case under review? (4) Can any court still have jurisdiction to sit in judgment over the 2011 Governorship election in general and, above all, the legality of the supplementary election of May 6th, 2011, more so, since the apex court has given a final judgment on this issue since March 2nd, 2012.This poser becomes necessary because of the provisions of Sections 285(6) of the 1999 Constitution(AS AMENDED) which clearly set timeframes of 180 days and 60 days for the determination of election petitions in the Tribunals and the Court of Appeals respectively.(5) Is the case not statute-barred as a result of the effluxion of time? (6) In view of the issues raised in the Supreme Court judgment of July 16th.2010 in the AGBASO Vs Ohakim suit, is it proper for Ararume and ACN to adopt the Federal High Court as a court of original jurisdiction in an election matter? This particular question also affects the Imo Local Government Chairmen’s suit which was started from the State High Court instead of the Local Government Elections Petitions Tribunal. These are some of the puzzles that will be unraveled when the Supreme Court gives judgment in respect of the Appeal filed by the All Progressives Grand Alliance (APGA).
In the 2007 Agbaso Vs INEC suit, Chief Agbaso’s prayers before the courts were very simple :(!)Let the INEC release the results of the poll conducted and results collated from about 25 LGAs and submitted to the party agents, INEC, and security personnel and declare him governor ;( 2)Did INEC have the power to cancel an election that was concluded and results tabulated and submitted to the relevant accredited bodies? Throughout the period of his travails in the Temple of Justice or is it Temple of Law, no court provided an answer. The case of Chief Agbaso was not just a case of not being given a fair hearing but it was a case of not being given a hearing at all.
It is both deplorable and despicable that at a time when the world’s most powerful country (U.S.A) conducted her presidential election within a few hours, some politicians in IMO State are wasting money in the courts in a frantic bid to be proclaimed Governors by our “courts of technicalities” in an election that was conducted about 18 months ago. It’s a Pity indeed to our local politicians. Since most of these politicians are stinking wealthy and they virtually reside in the United States and the neon-lighted cities of the First World, what lessons and morals do they imbibe from their interminable contacts and interactions with the politicians from these developed countries? In my viewpoint entitled:”Gov Ohakim VS Agbaso: What goes round comes round” (Announcer Express newspaper, Monday, October 5-7,2009, I painted a panoramic scenario of the travails of Chief Martin Agbaso as he was in the courts searching for the mandate given to him by the electorate in the Governorship election of April,14th.2007.It is indeed both an irony and a paradox that today, we are back to where we were in 2007-a state that is haunted and hounded by her past acts of intrigue, perfidy and deceit. Whenever the Supreme Court dispenses justice on the appeal filed by APGA, let it be a classic case of substantive justice. Often in this country, the impression is given that the law is a spider’s web; big animals like elephants and lions crush it and move on while the little ones like flies and ants are caught and destroyed. Whatever judgment the Supreme Court gives will validate the age-old maxim that “What goes round comes round.
Apparently worried over the country’s huge domestic debt put at over N6.153 Trillion the Minister of Finance, Dr Ngozi Okonjo-Iweala, yesterday warned governors against further exessive borrowing to ensure the economic growth of the country.
Okonjo-Iweala spoke in Enugu while delivering a lecture entitled ‘Managing Public Finance for Agricultural and Industrial Growth’ at the 2012 South East Economic Summit.
She said that the mounting domestic debt was as dangerous as the external one, adding that strategies were being put in place to reduce the country’s debt.
“I want to give advice to our governors here. Those who are taking domestic debt need to watch it because it is as dangerous as or even more so than the external debt. “When you have domestic debt, you must service it because it is your institutions, your pension funds, your banks who owe this debt and you must have to pay it otherwise it leads to other consequences within the economy.
“I am happy to say that we have put in place a very good strategy to manage the national domestic debt which is to decelerate the rate at which we borrow,” she warned.
On agriculture in the South East, the minister said the zone had a comparative advantage for the production of some food crops but was being hampered by limited land and tremendous gully erosion.
Okonjo-Iweala said the World Bank had provided a credit of $450 million for the South East to decisively deal with gully erosion to promote agriculture.
The minister stressed the need for an increase in the financial mortgage system to create opportunity for youths to own houses.
On his part, the former Governor of the Central Bank of Nigeria, Prof. Chukwuma Soludo, explained that the zone would not progress without developing a sound vision.
According to Soludo, developing the vision would help to drive the economy of the zone to greater heights.
He, however, called on the governors of the South East to create an enabling environment for investors to thrive in the zone.
The country’s domestic debt profile rose to N6.153tn in June. Statistics obtained from the Debt Management Office showed that the domestic debts had increased from N5.966tn ($37.71bn) at the end of the first quarter ended March 31, 2012, to N6.153tn ($38.89bn) at the end of the second quarter ended June 30, 2012.
This represents an increase of N187bn or three per cent over the figure recorded in the first quarter.
Details of the domestic debts showed that Federal Government of Nigeria, FGN, bonds accounted for N3.71tn or 60.37per cent of the money borrowed by the Federal Government from internal sources as at June ending.
The Nigerian Treasury Bills accounted for N2.08tn or 33.88 per cent, while Treasury Bonds accounted for N353bn or 5.75 per cent.
As at March 31, 2012, the domestic debt component of the total debt profile, which stood at N5.966tn, showed that FGN bonds accounted for N3.67trillion or 61.44 per cent of the money borrowed by the Federal Government.
The Nigerian Treasury Bills accounted for N1.95tn or 32.63 per cent, while Treasury Bonds accounted for N353.73m or 5.93 per cent.
Presenting the 2012 budget proposal to the National Assembly, President Goodluck Jonathan had lamented that the domestic debt had been growing at an alarming rate in recent years with the clearest evidence of this being that in 2012, the Federal Government earmarked N560bn for debt servicing.
Jonathan had spoken of curtailing domestic debts, but ostensibly gave room for the government to accumulate more debts with a caveat that the debts should not go beyond 30 per cent of Gross Domestic Product.
At the moment, the debt to GDP ratio is slightly less than 20 per cent. With latitude of 30 per cent debt to GDP ratio, the government can add up to 50 per cent of the current debt level.
The Head of Research and Strategy at BGL Securities Limited, Mr. Olufemi Ademola, recently attributed the increase in domestic debts to a shortfall in revenue and the controversial oil subsidy expenditure.
WASHINGTON — President Barack Obama, laying down his marker for grueling “fiscal cliff” negotiations, said Friday he won’t accept any approach to federal deficit reduction that doesn’t ask the wealthy to pay more in taxes.
“This was a central question during the election,” Obama said in his first postelection comments on the economy. “The majority of Americans agree with my approach.”
The president, speaking in the White House East Room, said he wasn’t wedded to every detail of the plans he outlined during the election, adding, “I’m open to compromise.” But he offered no indication that he was willing to back down on his insistence that the wealthy pay more.
Republicans stood their ground. At the Capitol, Republican House Speaker John Boehner said he remains unwilling to raise tax rates on upper-income earners. But he left open the possibility of balancing spending cuts with new revenue that could be achieved by revising the tax code to lower rates and eliminate some tax breaks.
Obama said he had invited congressional leaders of both parties to the White House next week to start negotiations on averting the tax increases and automatic spending cuts due to hit in January. Both parties agree that those changes, the result of failed deficit-cut talks earlier this year, could send the economy back into recession.
The president avoided any mention of specific tax rates in his remarks, saying only that the wealthy should pay more. He also called on Congress to quickly pass an extension of tax cuts, first enacted by George W. Bush, for families making less than $250,000 a year.
Republicans, as they have throughout Obama’s first term, say raising tax rates on wealthier Americans is a non-starter. Boehner said such increases would hurt small businesses just as they are trying to recover from the severe last recession.
“I’m proposing that we avert the fiscal cliff together in a manner that ensures that 2013 is finally the year that our government comes to grips with the major problems that are facing us,” the speaker said. He said cuts to Medicare, Medicaid and food stamps, known as entitlement programs, have to be part of the equation.
Still, Boehner declined to provide specific proposals to avoid the fiscal cliff.
