247 Ureports

The leadership of the Senior Staff Association of Nigerian Universities (SSANU) has described the idea behind the proposed removal of the subsidy on petroleum products next year by the Federal Government as evil.

Delivering a key note address at the auditorium of the main campus of the Anambra state University, Uli (ANSU) during the Executive Council meeting of the National Association of Academic Technologists (NAAT) South-East/South-South at the weekend, the SSANU chairman, Comrade Vincent Asoegwu cautioned the FG to drop the move in the interest of suffering masses.

The labour chief noted with dismay that even the figures of the alleged subsidy have been varying from N1.2trillion to N1.3trillion. That even the Senate, apparently befuddled by the varying figures has smelt a rat and want to probe the whole thing to unravel who actually benefits from the so-called subsidy.

Asoegwu who is also the chairman of the Joint Action Council(JAC) of the university insisted that the subsidy removal proposal should be jettisoned in the interest of peace and harmony for all citizens. He doubted if any such thing as subsidy existed at all, or it’s a gimmick the authorities like falling back on whenever they want to devalue the nation’s currency.

According to him, “if it costs the FG up to N2trillion to subsidize petroleum products, so be it. After all this is the only benefit the common man enjoys from our National Wealth”. He observed also that the chairman Senate Committee on Petroleum, Senator Ayogu Eze has canvassed for the battering of refined products with crude oil.

On the lingering crisis over the minimum wage payment within the states, he commended the initiative of Owelle Rochas Okorocha who has gone beyond the vexed N18,000 to sign agreement to Imo state workers N20,000 as minimum wage. While encouraging other governors to emulate him, Asoegwu drew the attention of Anambra Gov Peter Obi to the Imo example and stop playing to the gallery always.

The Vice Chancellor of the University who declared the meeting open commended the workers for their maturity in handling industrial matters so far.

Ripples generated by the controversial governorship primary election of the Peoples Democratic Party, PDP, in Kogi state which resulted in a suit instituted by Alhaji Jibrin Isah against the party and its flag bearer will end next week Monday.

On that day an Abuja High Court will rule on the matter and decide who will be the PDP governorship flag bearer for the state’s gubernatorial election slated to hold on 3rd December.

The court will determine who is the authentic flag bearer of the party between Jibrin Isah and Idris Wada as it delivers judgement in the suit where Jibrin Isah, also known as Echocho, is praying it to uphold the primary election where he emerged as the winner.

During proceedings on Friday, counsel to Jibrin Isah, Mr. Paul Erokoro, a Senior Advocate of Nigeria, argued that the plaintiff was nominated as PDP flag bearer in January 2011 and was submitted to INEC which published his client’s name as PDP’s candidate in fulfillment of legal requirement.

He further stated that the January primary election remains valid, adding that the Electoral Act provides that the primary election should be conducted not later than 60 days before the election and that it could be more than 60 days as long as it is below 60 days.

He also argued that the party did not fulfil the conditions for substitution as the party did not inform the plaintiff that his name would be substituted.

He therefore urged the court to uphold the January primary election.

Opposing the application, Chief Olusola Oke, the National Legal Adviser to the PDP, who represented the party at today’s proceedings, argued that a Federal High Court had earlier nullified the January election where Isah emerged as the winner, adding that in the eyes of the law, there is no longer a valid election.

He further added that the plaintiff participated in the fresh primary election conducted by the party in compliance with the guidelines released by the electoral body ahead of the scheduled December election in the state by purchasing nomination forms and submitting himself to be screened for the purpose of participating in the primary election.

He also argued that the Independent National Electoral Commission, INEC, had released another election time-table which is different from the one used in January and therefore urged the court to dismiss the application.

Chief Chris Uche, a senior advocate of Nigeria, who represented Capt. Idris Wada, the winner of the September 2011 primary and the 2nd defendant in the suit, argued that the suit constitutes an abuse of court process as another matter by the plaintiff is pending at the Federal High Court.

He added that governorship election in Kogi earlier scheduled for April 2011 alongside those of other states of the federation was not postponed but rather, that it was aborted with a new date fixed which means that the April election has no validity in the eyes of the law.

He also added that Isah’s name was not substituted because the primary election that brought him in was no longer valid in the eyes of the law.

Earlier the defendants had brought a Preliminary Objection challenging the territorial jurisdiction of the court to entertain the matter.

They argued that the primary election was held in Kogi and as such, any litigation should also be held in Kogi.

But the aggrieved Isah urged the court to dismiss the preliminary objections and argued that his name was submitted by the national chairman of PDP to the chairman of INEC in Abuja and that as long as that part of the transaction took place in Abuja, then a court action can be instituted in Abuja.

He further stated that the constitution specifically empowers the Federal Capital Territory High Court to entertain such issue and urged the court to dismiss the objection.

After hearing all the parties in the suit, the trial judge, Justice Sunday Aladetoyinbo, adjourned till Monday for judgment.

Specifically Isah had asked the court to determine the following questions;

*Whether having regard to the combined effect of sections 26 (1), 26(2), 87(1), 87(2), 87(3) and 87(4) (b) of the Electoral Act 2010 (as amended) his valid and due nomination and submission of his name by the PDP to the Independent National Electoral Commission, INEC, as the party’s Governorship Candidate in the Kogi State 2011 Governorship Election can be vitiated by the postponement of the election from April 26, 2011 to December 3, 2011?

*Whether the party can validly have conducted another Special State Congress for governorship primary election in September, 2011, for the Kogi State governorship election in view of his extant and valid nomination at a primary election duly held in January, 2011 and the submission of his name to INEC as the Governorship Candidate of the PDP for the 2011 Kogi State Governorship election?

*Whether he remains the authentic and validly nominated governorship candidate of the party, his name having been duly submitted to Independent National Electoral commission and not having been invalidated by any Court of competent jurisdiction?

*Whether the PDP can validly submit the name of any other candidate to Independent National Electoral commission as its governorship candidate in the December 3, 2011 Governorship election in Kogi State when he is not dead and has not withdrawn his candidature in accordance with of Section 33 of the Electoral Act 2010, (as amended)?

*Whether the purported submission of any name, other than his, to Independent National Electoral commission as the governorship candidate of the PDP for the Kogi State governorship election 2011, is unconstitutional, null, void and of no effect whatsoever?

He is also asking the court for a declaration that the 3rd of December, 2011, fixed by the Independent National Electoral Commission for the Kogi State Governorship Election is the date to which the said election was postponed, having earlier been fixed for April, 2011.

Other reliefs he is seeking are that:

*A declaration that he remains the authentic and validly nominated governorship candidate of the PDP and his name having earlier been submitted by the party and accepted/published by the Independent National Electoral Commission as the governorship candidate of the party, that he cannot be substituted with any other name except as provided in section 33 of the Electoral Act 2010 as amended.

… AS APPEAL TRIBUNAL ORDER TRIAL OF ONJE’HS PETITION

From Achussah Denen, Markudi

The National/State Assembly Elections Petition Tribunal in Makurdi has dismissed the petition brought before it by the Peoples Democratic Party, PDP candidate, Akpagher Daniel Iorbee Kwande West State Constituency in the April 26^th, 2011 general elections on the ground that the petitioner has failed to prove his case.

It is recalled that Akpagher who dissatisfied with the conduct of the April 2011’s general election brought a petition before the Justice Ansellem Nwaigwe led National /State Assembly election petition tribunal against Hon. Benjamin Nungwa who was declared winner of the election, Action Congress of Nigeria, ACN, and the Independent National Electoral Commission, INEC.

The petition was predicated on three grounds – 1. that the first respondent (Benjamin Nungwa) was not qualified to contest the election under the platform of the ACN; 2. that the elections in 28 polling units was invalid by reason of non compliance with the provisions of the Electoral Act 2010 (as amended) and, 3. that Hon. Benjamin Nungwa was not validly elected to represent Kwande West Constituency in the Benue State House of Assembly.

The application presented by lead counsel to Benjamin Nungwa, F.T. Uparegh seeking to dismiss the petition for failure of the petitioner to seek leave of the tribunal for the issuance of pre-trial notice was ruled in favour of the petitioner.

Justice Nwaigwe in his judgment held that ground one of the petitioner’s petition is a pre-election matter hence the tribunal lacks the jurisdiction to entertain it.

He also held that the petitioner has failed to join other persons he made allegations of electoral malpractice as parties in the petition hence tribunal can not make valid pronouncement on such persons more so that the petitioner has failed to prove the allegations of electoral malpractice to enable tribunal enter judgment in his favour.

Consequently, he dismissed the petition for want of merit and awarded ten thousand naira only as cost to the first and second respondents.

F.T. Uparegh, counsel to Hon. Benjamin Nungwa described the judgment as a reflection of the people’s popular demand.  

Kenneth Ula, the petitioner’s counsel told reporters that he reserved comments on the judgment.     

Meanwhile in a related development, the appeals tribunal in Makurdi has ordered the lower tribunal to retry the petition earlier brought before it by the ACN’s Daniel Onjeh challenging the return of Hassan Sali as the winner of the Ado/Okpokwu/Ogbadibo Federal Constituencies election which it earlier dismissed on the ground that the issue sought for determination therein is a pre-election matter.

Onjeh, erstwhile President of the National Association of Nigerian Students (NANS) and the West African Students Union (WASU) told reporters shortly after the Appeals Tribunal’s decision that he was delighted that the case was refer back to the tribunal.

He said he has sufficient documentary evidence to show that Hassan Sali was not the PDP’s candidate in the said election.

He further revealed that at the time of the election, Hassan Sali’s name was not among INEC’s list of candidates for the election and wondered how he became a candidate in the election when time allowed for substitution of candidates had elapsed.

Onjeh’s counsel Sunday Aigbe told journalists that the decision of the Appeals Court has vindicated the hope and aspirations of the common man.

He noted that the issue of qualification for elections is expressly provided for in the constitution and must be heard on its merit.

By DR GOODLUCK EBELE JONATHAN, GCON, GCFR

President, Commander-in-Chief of the Armed Forces

of the Federal Republic of Nigeria

AT THE QUEEN’S BANQUET,

62^ND COMMONWEALTH HEADS OF GOVERNMENT MEETING (CHOGM)

PERTH, AUSTRALIA

FRIDAY, 28 OCTOBER 2011 

PROTOCOL

Your Majesty, The Queen

Head of the Commonwealth of Nations

Honourable Julia Gillard, our respected host

Excellencies, Presidents and Heads of Government

Secretary-General of the Commonwealth

It is my special honour and privilege to be asked to propose a toast to the Commonwealth in the presence of Her Majesty, The Queen.

Let me begin by noting the special significance of this moment in the history of the Commonwealth, especially as Her Majesty will soon be marking her Diamond Jubilee and we might not have the opportunity to meet again as Commonwealth Family before the historic event. 

Accordingly, on behalf of all of us, I would like to join the Honourable Julia Gillard, Prime Minister of Australia and our host, to express profound thanks and appreciation to Her Majesty for leading the Commonwealth, these past six decades, with passion, dedication and commitment.

Our Commonwealth is remarkable not only because of the diversity of its membership, but principally because we are united by a set of shared values. Whether as rich, poor, small or large nations, we all aspire to live a life of freedom and dignity and to achieve economic and social progress for our people.

I believe these are precisely the same values that will ensure that our organisation remains relevant to its times and people in the future.

At her ascension to the throne in 1952, nearly 60 years ago, her Majesty captured the strength of our organisation when she noted that:

the Commonwealth bears no resemblance to the empires of the past. It is an entirely new conception built on the highest qualities of the spirit of man: “friendship, loyalty and the desire for freedom and peace.”

The fact that the Commonwealth is now globally recognised as a force for good, particularly in the areas of democracy and development, bears testimony to the widespread acceptance of its established values and principles. We must build on these attributes and strive to strengthen our rainbow coalition of governments, civil society and businesses, all united in partnership to deliver public goods and beneficial outcomes to Commonwealth citizens.

Your Majesty

Excellencies

I have much pleasure in asking you all to please rise and raise your glasses in toast to the Commonwealth:

“THE COMMONWEALTH”.

Rising from a meeting that concluded at about 6pm today, the National Football Federation [NFF] read to the public a communique indicating that the head coach of the super eagles has been relieved of his duties as the head coach of the super eagles. The communique indicated that he is being fired as a result of the dismal performance of super eagles in the recent outing in the African cup of nations competition.

Coach Siasia is yet to comment.