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APGA congratulates Bianca on ministerial appointment

PRESS RELEASE

ALL PROGRESSIVES GRAND ALLIANCE (APGA) CONGRATULATES AMBASSADOR BIANCA ODUMEGWU OJUKWU ON MINISTERIAL APPOINTMENT

The All Progressives Grand Alliance (APGA) congratulates our esteemed Member of the Board of Trustees, Ambassador Bianca Olivia Odumegwu Ojukwu and the wife of our spiritual leader, Dim Chukwuemeka Odumegwu Ojukwu, on her well-deserved appointment as Minister of State for Foreign Affairs by President Bola Ahmed Tinubu GCFR.

This prestigious appointment is a testament to Ambassador Ojukwu’s exceptional leadership, diplomatic expertise, and unwavering commitment to Nigeria’s progress. Her outstanding achievements have earned her recognition as the Most Outstanding African Ambassador, and we are proud to have her contribute her exceptional skills at the national level.

As a distinguished member of our party, Ambassador Ojukwu has consistently demonstrated remarkable dedication to public service and the advancement of our great nation. Her new role will undoubtedly enable her to leverage her vast experience and skills to promote Nigeria’s interests globally.

We join Nigerians in congratulating President Tinubu on his wise decision in appointing Ambassador Ojukwu to this critical position, transcending partisan considerations and based strictly on merit.

Please join us in extending warm felicitations to Ambassador Bianca Odumegwu Ojukwu on this remarkable achievement.

Signed,

Mazi Ejimofor Opara, KSM ANIPR
National Publicity Secretary, APGA.

How impunity fuels Nigeria’s underdevelopment

By Jide Ojo

Over time, I have been reflecting on Nigeria’s underdevelopment status despite our great potential. Many say our problem is leadership; others think it is followership. Not a few have also identified corruption, nepotism, lack of rule of law, tribalism, incompetence, self-aggrandisement, religious bigotry, indolence, and the like as our bane.

While I agree with this school of thought, I am of the considered view that impunity trumps all the other aforementioned factors or variables.

There is a cliché from George Orwell’s classic, “Animal Farm,” which says all animals are equal, but some are more equal than others. Crimes and criminality are global phenomena. They are two evils that defy clime and creed. However, while the chances of criminals getting away with their crimes are slim in many countries, in Nigeria, the chances are very high.

Look at election riggers in Nigeria. I know of about three prominent Nigerian politicians—a former Deputy President of the Senate, a former governor of a state in the Niger Delta region, a former Chief of Staff to a governor in the South-South region—who have openly confessed to election rigging. None of them was arrested, investigated, or prosecuted. In fact, the former chief of staff even said he should be lauded for being a whistleblower. Can you beat that? Of all the people arrested for electoral malpractices since 1999, how many have been successfully prosecuted and jailed? Little wonder we continue to have flawed elections.

A former senator, during the valedictory service of the Senate last year June openly said he sought the help of his wife, who was a former president of the court of appeal to assist his colleagues at the election petition tribunals. Recall that the Court of Appeal president is responsible for constituting the Election Petition Tribunals in Nigeria. The senator regaled his colleagues in the Senate chamber with the tale of how he infringed on his wife’s freedom and independence to assist his colleagues who sought his help at the election tribunal. He was severally cautioned by the then President of the Senate, Ahmed Lawan.

The culture of impunity has so much festered in Nigeria that people will openly boast that they will kill a fellow human and “nothing will happen!” It is impunity when people are rewarded for bad behavior. A former national chairman of the All Progressives Congress asked opposition members to defect to his party. He promised that once they do that, their sins will be forgiven.

Remember that two former governors that EFCC prosecuted for many years before they were found guilty and jailed were granted state pardons by former President Muhammadu Buhari. Another former governor who was jailed was let off the hook on technical grounds― that the judge who heard his case and convicted him was already promoted to the Court of Appeal before coming back to the High Court to give judgement in his case. An ex-governor who was vying for the position of President of the Senate in the 9th Senate was persuaded to step down, and as a tradeoff, all the corruption allegations against him by the EFCC were withdrawn when the former Attorney General and Minister of Justice filed a nolle prosequi in his case after retrieving his case file from the EFCC.

In April 2022, learned silk and human rights lawyer Femi Falana alleged that some officials of the Nigerian Correctional Service allow criminals to escape court verdicts by getting young men who will serve jail terms for criminals.

Speaking at a media session titled “Forget the past, forfeit the future: A nation seceding from humanity,” Falana said inter alia that “This will surprise you when a judge pronounces a jail term, sir, before getting to Kirikiri, at Mile 2, warders have an arrangement whereby some prepared young persons will replace the convict. That is the person that will enter the prison; he’s paid. The second one, in the court premises, there’s a syndicate by the defense counsel, prosecutors, warders, and court clerks. Once the judge turns his back, the convict will arrange and pay them, and the convict will walk back home.” Naturally, this allegation was vehemently denied by the Nigerian Correctional Service, which claimed it was a wild and unsubstantiated allegation.

Recall that a similar allegation has recently been levelled in the case of the crossdresser, Idris Okuneye, a.k.a. Bobrisky, who was alleged not to have served his 6-month jail term for currency abuse at the prison. Controversial social critic Martins Otse, popularly known as VeryDarkMan, had shared a voice note allegedly belonging to Bobrisky that he paid N15m to some Economic and Financial Crimes Commission officials to drop the money laundering charge against him. In the audio, Bobrisky also claimed that a “godfather,” alongside staff members of the Nigerian Correctional Service, ensured he served the six-month sentence in a private apartment and not in prison. However, this claim has been debunked by the federal government panel set up to investigate this claim. The panel however agreed that he enjoyed certain privileges. Could this be a cover-up?

There have been several allegations of corruption and abuse of office against successive EFCC chairmen, which is why they are routinely removed unceremoniously. Despite these claims against each of them, from Nuhu Ribadu to Farida Waziri, Ibrahim Lamorde, and Ibrahim Magu down to Abdulrasheed Bawa, none of them has been prosecuted in court. Were they all framed? Why has none of them sued to clear their names? Interestingly, the pioneer chairman is the current National Security Adviser. Many staff of EFCC have been alleged to have corruptly enriched themselves in the course of their duty; I have yet to hear or read of any that have been successfully prosecuted for this gross abuse of office beyond just being sacked.

Still on EFCC, I often wonder why big thieves, be they bank executives or politically exposed persons, are allowed plea bargaining, in which they forfeit part of their stolen wealth to get “a slap on the wrist”—a punishment such as six months imprisonment for stealing or embezzling billions of Naira. Some of these thieves, having gotten off the hook lightly, end up enjoying their loot. Some are known to build private universities from the proceeds of corruption. Is that not “blood money”?

Same with our corrupt judges; the National Judicial Commission routinely asked them to be compulsorily retired or dismissed when they should have been prosecuted in court and jailed for their corrupt practices. That is how the culture of impunity thrives. Unless we do away with double standards and mete out stringent punishments for bad behavior for all categories of offenders, be you influential or ordinary citizens, crimes and criminality will continue to soar.

It is said that the biggest incentive for crime is the ability to get away with it. The cliché in the US is, “If you do the crime, be ready to do the time” (in jail). That should be the scenario in Nigeria too. Otherwise, people will continue to be lured into crime, believing that their chances of never being caught or being punished are slim.

X: @jideojong

‘They tried to help’ – Man who lost nearly 50 family members to Jigawa tanker explosion that claimed 181 lives speaks

A Nigerian farmer, Mustapha Majiya, has recounted how he lost nearly 50 members of his extended family to the Jigawa tanker explosion. 

LIB had reported that a fuel-laden tanker crashed in Majiya village of Taura local government area of Jigawa state at about 12.30 am on Wednesday, October 16.  

The spokesperson of the state police command, SP Shi’isu Adam, had in a statement released said that many of the victims were trying to scoop petrol from the vehicle after it tipped over.

In an interview with BBC, Majiya said his nephews tried to steer people away from the scene but were unlucky as an explosion occurred afterward.

“My nephews, Nuradeen Rabiu, 16, and Dini Babalo, 17, were among those killed. They tried to stop people from getting too close to the tanker and scooping fuel before the explosion. I just bought them books and new uniforms for the term,” Majiya said of his nephews who were both in their fourth year at the town’s secondary school.

The 50-year-old also said he lost Jamilu Maigaji, a long-time friend and father of 13 children, among others in the inferno.

“Some people were just onlookers and didn’t understand the dangers of being around the scene,” Majiya added.

The farmer said he accepts God’s will as the giver and taker of life.

The death toll from the incident has been placed at 181.

Linda ikeji

Tinubu sacks Uju-Ken Ohanenye, nominates Bianca Ojukwu, six others as ministers

The much-awaited cabinet reshuffle of President Bola Tinubu began on Wednesday with the sacking of five ministers and the nomination of seven new ones for Senate confirmation. 

The President also re-assigned 10 ministers to new ministerial portfolios and appointed seven new ministers for Senate confirmation.

Tinubu nominated Bianca Odumegu-Ojukwu as the Minister of State Foreign Affairs, while Nentawe Yilwatda as the Minister of Humanitarian Affairs and Poverty Reduction, officially bringing an end to the tenure of suspended Betta Edu.

The President also nominated Maigari Dingyadi as the Minister of Labour and Employment, Jumoke Oduwole as the Minister of Industry, Idi Maiha as Minister for the newly created Livestock Development Ministry, Yusuf Ata as the Minister of State, Housing and Urban Development, with Suwaiba Ahmad as Minister of State Education.

The President sacked Uju-Ken Ohanenye as Minister of Women Affairs; Lola Ade-John as Minister of Tourism; Tahir Mamman as Minister of Education; Abdullahi Gwarzo as Minister of State, Housing and Urban Development; and Jamila Ibrahim as Minister of Youth Development.

The President appreciated the outgoing members of the Federal Executive
Council for their service to the nation while wishing them the best in their
future endeavours.

He then charged the newly appointed ministers as well as their reassigned
colleagues to see their appointment as a call to serve the nation.

He added that all appointees must understand the administration’s eagerness and determination to set Nigeria on the path to irreversible growth and invest the best of their abilities into the actualisation of the government’s priorities.

Channels TV

Woman sentenced to 25-years in prison for killing all her family members

The involvement of a 24-year-old woman in the murder of her parents, pregnant sister, and brother has been described by a Pretoria high court judge as a profound betrayal. 

Judge Mashudu Munzhelele sentenced Onthatile Sebati to 25 years in prison for her role in the 2016 killings, while her cousins Tumelo and Kagiso Mokone were handed life sentences.

The horrific incident saw the deaths of Onthatile’s father, police constable Solomon Lucky Sebati, her mother Mmatshepo, a nurse, her 19-year-old pregnant sister Tshegofatso, and her three-year-old brother Quinton, all shot in their home in Mmakau, North West. Onthatile was 15 years old at the time of the killings, while her cousins were both 18.

Judge Munzhelele remarked on the emotional devastation caused by the crime, particularly the involvement of a family member. “The murder of four individuals, including parents and children, is a heinous act of violence, and the fact that accused number two [Onthatile], a family member, was an accomplice in the killing of her family intensifies the emotional devastation and the seriousness of the crime,” the judge stated.

According to the state, Onthatile planned the killings and enlisted her cousins to carry out the crime, even providing them access to the house and her father’s service firearm. Kagiso shot the family while Tumelo waited in the getaway vehicle. After the murders, Onthatile paid her cousins R100,000 from insurance payouts.

In a shocking turn of events, five years after the crime, Onthatile confessed to relatives, leading to their arrests. They were charged with theft, four counts of murder, robbery with aggravating circumstances, and possession of a firearm and ammunition, and were found guilty earlier this year.

The court heard that Onthatile’s betrayal has left deep emotional scars on the Sebati family, with relatives struggling with mental health issues stemming from the tragedy. The judge declared the trio unfit to possess firearms and gave them two weeks to appeal their sentences.

Onthatile’s aunt, Japhitaline Sebati, hailed the sentencing as “justice served,” adding, “It is painful to see such an intelligent child waste her future, but I hope she gets rehabilitated.”

Is the South East still a part of Nigeria? – Veteran Actor Kanayo O. Kanayo queries, complains about high number of police and military checkpoints on South East roads

Veteran actor, Kanayo O. Kanayo, has taken to social media to complain about the high number of police and military checkpoints on South East roads.

In a video he posted on Instagram this morning, the actor said he is currently on the Lagos-Ibadan express road and has not witnessed any military or police checkpoint but that in the South East, within 200 meters, there is a military or police checkpoint ‘’harassing and humiliating” commuters.

He wondered if the high number of checkpoints stem from ‘’hatred or dislike” for indigenes of the South East.

‘’I left Felele Olorunshogo area of Ibadan this morning at about 7.15 and this is exactly 8.15 and  I am in Lagos. I found out one thing. Over a distance of 80 kilometers, I didn’t see one  checkpoint, one police checkpoint or an Army checkpoint, Have you ever plied the Onitsha/Enugu expressroad. Did you ever count the number of police checkpoints or military checkpoints on Enugu-Onitsha road?

Why is the South East militarized and policed that you cannot go for more than 200 meters without a police checkpoint. I need to ask this question because the delay in journeys and humiliation people go through needs to be pointed out. The number of police checkpoints, collection points?  They humiliate our people so badly tat most times people in the vehicle are asked to come down and hands up? Is this hatred? Is this dislike? This is not good. Is the South East still part of Nigeria?

Watch the video he shared below…

Nigerian government drops money laundering charges against Binance executive

The Nigerian government has dropped all charges against Tigran Gambaryan, an executive at Binance Holdings, who has been facing money laundering trial from detention since April.

A lawyer representing the Economic and Financial Crimes Commission (EFCC) – the prosecuting agency – announced the withdrawal of the charges at the Federal High Court in Abuja Wednesday morning.

The hearing, coming two days before the 25 October earlier scheduled as the return date by the trial judge in the open court last Friday, appeared to have been intentionally held to avoid public attention as much as possible.

Announcing the withdrawal of the charges, the lawyer said Mr Gambaryan, a United States citizen, was merely an employee of Binance, whose activities he was being prosecuted for.

Mark Mordi, a Senior Advocate of Nigeria (SAN) representing Mr Gambaryan, agreed with the prosecution, saying that his client was not involved in the company’s broader financial decisions.

PREMIUM TIMES understands that Wednesday’s hearing was a climax of the behind-the-scenes diplomatic lobbying that had been ongoing between Nigerian and the US government figures for months for the release of Mr Gambaryan, who has been denied bail on two occasions because the judge considered him to be a flight risk.

Weeks to Wednesday’s hearing have been marked by campaigns by some US lawmakers for the release of Mr Gambaryan, including writing relevant Nigerian and American authorities to intervene.

The judge, Emeka Nwite, rejected his second bail application on 11 October, ruling that Mr Gambaryan’s grounds of ill health were not sufficient to release him from detention.

The judge then fixed 18 October for continuation for trial but Mr Gambaryan was surprisingly absent.

The judge then rescheduled the trial for 25 October, which appears to have now been overtaken by the event of Wednesday’s unpublicised hearing.

Wednesday’s hearing abruptly ended the case.

Mr Gambaryan has been held at the Kuje Correctional Centre in Abuja since his arraignment in April.

He is standing trial alongside Binance, a cryptocurrency company, on five counts of money laundering and currency speculation involving as much as $34.4 million.

Binance is facing tax evasion charges in a separate case before another judge of the Federal High Court in Abuja.

In May, the court denied the Binance executive’s bail application, judging him a flight risk.

The court’s decision came about two months after Mr Gambaryan’s colleague, Nadeem Anjarwalla, reportedly escaped from a pre-trial custody in Abuja in March.

Since the court’s decision denying him bail, Mr Gambaryan’s health condition has been a recurring feature in the trial and the basis for the subsequent unsuccessful bail application.

On 11 October, the court dismissed Mr Gambaryan’s second bail application anchored on ill health.

The judge held that Mr Gambaryan failed to show in the bail application that the Nigerian Correctional Service (NCoS) did not have adequate facilities or had failed to take care of his ill-health.

He also ruled that the bail application constituted an abuse of court process. Mr Gambaryan’s request could not be granted when he was still challenging the ruling on his earlier bail application at the Court of Appeal.

The judge, who stressed that the defendant failed to withdraw his pending appeal against the earlier ruling on his bail application before filling another motion, said such an act amounted to an abuse of court process.

“There is no gainsaying on this leg alone that this application is bound to fail,” he said.

The judge, however, ordered the NCoS to refer Mr Gambaryan to any standard hospital in Abuja for a period of two to three days.

More details soon…

Credits: Premium Times

How X-ray evidence of Black maths scholar portrait revealed snubbed genius

It was painted to celebrate the groundbreaking achievements of a mathematical genius who was Black and had been born into slavery. But for more than 260 years, that great scientific intellect of Francis Williams went unnoticed.

Now, clues exposed by an X-ray and high-resolution scans of the painting have finally revealed the extraordinary secret that 18th-century advocates of slavery sought to keep hidden.

New evidence uncovered by a Princeton historian, Prof Fara Dabhoiwala, indicates that the painting is the earliest example in western art of a named Black person celebrating their status as an intellectual.

The portrait of Williams, a wealthy Jamaican polymath who was freed from slavery as a child, was bought by the furniture curator of the Victoria and Albert Museum in 1928, primarily because it depicted fine mahogany furniture.

Click here to continue reading.

THE “I AM AN AUTHENTIC LEGAL LUMINARY” SPEECH: A MISSED OPPORTUNITY TO RENDER AN ALL-INCLUSIVE LEGAL OPINION ON BURNING LEGAL QUESTIONS AFFECTING RIVERS STATE (PART 1)

By Sylvester Udemezue

  1. BACKGROUND:
  1. Rivers State House of Assembly has 32 members. The Speaker of the Rivers State House of Assembly, Rt Hon Martins Amaewhule, on 11 December 2023, had reportedly led 26 other lawmakers of the House, on the floor of the House, to openly and VOLUNTARILY defect to a different political party, citing “division” in their former political party. The remaining 4 or 5 Lawmakers (those who did not defect) had on 13 December 2023 elected one of their own (Edison Ehie) the new Speaker who then declared vacant the seats of the defected 27 members, and wrote a letter requesting the electoral umpire, INEC to conduct by-elections to fill the vacancies created by the defection of the 27 members. A lawmaker (Edison Ehie) later resigned from the House and was made the Chief of Staff to the Governor. Since then, and claiming that the seats of the defected 27 had become vacant in line with the provisions of Section 109 of the Constitution of the Federal Republic of Nigeria, 1999, and that the 27 affected lawmakers were no longer members of the Rivers State House of Assembly, the remaining 4 have been conducting the affairs of the House, including confirming Commissioners and having the 2024 budget presented to them by the Governor. A plethora of litigation has however arisen, with some lawsuits currently pending at the Rivers State High Court, some at the Federal High Court, some at the Court of Appeal, and some at the Supreme Court, Nigeria’s apex court.
  • RE: I-AM-AN-AUTHENTIC-LEGAL LUMINARY OPINION BY A GREAT LEARNED SILK AND MATTERS ARISING
  • At a luncheon said to be organised “in honour of the 10th Legislative Assembly of Rivers State” in Port Harcourt, on 19 October 2024, by His Excellency Nyesom Wike, Life Bencher, former Governor of Rivers State, and current Minister of the FCT, Abuja, Chief OCJ Okocha, OFR, SAN, JP, DSSRS, ex President of NBA, ex Attorney-General of Rivers State, ex Chairman of the Body of Benchers, ex Chairman of the Council of Legal Education, etc, and a notable legal giant who has put in over 46 years into active law practice in Nigeria, had while addressing recent comments credited to an unnamed individual ( I think it was the current Governor of Rivers State, His Excellency Sim Fubara) who the respected Learned silk Okocha said had referred to the learned silk and other lawyers as “so-called legal luminaries”,  declared as follows:

“I am an authentic legal luminary…. Anybody who read the judgment of the Court of Appeal a few days ago… one telling statement: it is a joke take too far for three persons to say they are the legislature of Rivers State; a joke taken too far. Look at the legislators of Rivers State, led by Hon Martins Amaewhule…. All of us, the good people of Rivers State, patriotic citizens of Rivers State, stand in solidarity with you, the authentic legislature of Rivers State…. Precisely, the wheels of justice in Nigeria turn too slowly, rather too slowly for our comfort, but my word to you is to persevere. Judgement Day is coming, Judgement Day,  is coming, and we will know on whose side the law is…. I assure you, my brother Martin that God is on your side…. I also assure you that the law is on your side. Let us allow the Supreme Court to decide the matter. Thank you all, and may we all continue to pray for our authentic legislature. God bless all of you”  (See: “OCJ Okocha Replies Fubara – Asks Fubara To Stop Deceiving Himself; Says Wike and Amaewhule are Ahead”<https://youtu.be/nNGrqHYZuQ4?si=NRk2thubMxzbE7hG> Accessed 20 October 2024

  • Without commenting on the ongoing political rift between or among some political players and juggernauts in Rivers State (that is not my business here), I have the following humble observations on some legal questions arsing from the comment by learned silk, Chief OCJ Okocha, regarding the legal imbroglio in the Rivers State House of Assembly. 
  1. Respected learned silk OCJ Okocha is without any doubt a juggernaut in the legal profession, one who has accomplished a great deal of a lot, both as a lawyer and as an individual. No doubt! I have a lot of respect for my great oga. I hail you, Great Learned Silk and Life Bencher. Any time, any day, you’re an iroko tree in the legal profession in Nigeria. Having said that, my oga, learned silk would graciously permit me to make the following further submissions, with the greatest respect.
  • With due respect, it is very curious that great learned silk in his eloquent legal opinion/speech, rendered at a social/political luncheon, failed to address nagging legal questions surrounding the reported defection of Hon Martins Amaewhule and 26 other members of the Rivers State House of assembly on 11 December 2023. While referring to Rt Hon Martins Amaewhule as “the authentic Speaker” and his camp as representing “the authentic House of Assembly,” and that the remaining 3 or 4 members of the House (those who did not defect) could not under any circumstances, constitute the Rivers State House of Assembly, the learned silk unfortunately failed to say even a word on the defection by members of the group the learned silk referred to as the “authentic House” and the legal implications of their defection on their continued membership of the Rivers State House of Assembly. What is the legal effect of their defection on their seats as members of the Rivers State House of Assembly? Even if the learned silk believed that the remaining (minority) members of the House were incapacitated to continue with the business of the House, the INESCAPABLE QUESTION the learned silk and legal juggernaut OCJ OKOCHA should have started with in his speech (since he decided, although it is his right, to offer his legal opinion at a social function) was whether Rt Hon Martins Amaewhule and his co-defectors remained members of the House after their defection on 11 December 2023.
  • With due respect, addressing the question of whether the remaining 3 or 4 members can constitute the House of Assembly to carry on with businesses of the House without starting from the issue of defection of the 27 members and the legal implications of the said defection, is in my opinion, like one addressing question number 3 without addressing questions 1 and 2 or climbing to step 3 of a ladder without passing through steps 1 and 2 of the ladder. A case of placing the cart before the horse.
  • Permit me to respectfully submit that any declaration of the Court of Appeal as made in the latest/referenced case, to the effect that the remaining (minority) members of the Rivers State House of Assembly cannot continue with the businesses of the House of Assembly in the absence of the majority, cannot and does not constitute the law on the current subject in view of the subsisting leading judgment of the  Supreme Court of Nigeria in DAPIANLONG V DARIYE (2007), which had said/held that minority members can continue with certain businesses of the House of Assembly even after/where the seats of the majority members have AUTOMATICALLY become vacant following defection. 14 members of the 24-member Plateau State House of Assembly had voluntarily defected from PDP to another political party, leaving 8 or 6 members. In his lead or leading judgment in the case of DAPIANLONG V. DARIYE (2007) 3 PLR/1983/22(SC); [2007]NGSC 181 (27 APRIL 2007); (2007) LPELR-928(SC) @61, which arose from the dispute that followed, His Lordship, Hon Justice Walter Onnoghen, JSC, had this to say:

“In the instant case, it is not disputed that 8 out of 10 members in a House of 24 membership initiated and carried out the impeachment of the 1st respondent. There is no doubt that there existed in the Plateau State House of Assembly 14 vacant seats as a result of cross-carpeting. It is my view that until the vacancies created by the carpet crossing members are filled by the process of by-election, the Plateau State House of Assembly can only transact such legislative duties that require the participation of less than 2/3 majority of ALL the members of that House, which duties definitely excludes impeachment proceedings”.

  • In my respectful opinion, it appears the legal mplication of the judgment of the Supreme Court judgment in DAPIANLONG V DARIYE is that the vacancy in the seats of majority members does not stop the remaining minority members of the House from carrying on with the ORDINARY businesses of the legislative House. Why then, did respected learned silk OCJ OKOCHA refrain from saying anything about this aspect, since he chose a social function/banquet/party to address the legal questions surrounding the legal logjams in the Rivers State House of Assembly? With due respect, i repeat that this is curious. Although i recognize that it’s the right of the learned silk to ignore whatever he chooses to ignore, yet, I humbly submit that IGNORING THE REALITY DOESN’T ERASE THE EXISTENCE OF THE REALITY AND ITS CONSEQUENCES.  
  • Meanwhile, one may even ask further questions: What is the legal status of any pronouncement of the Court of Appeal which runs against this clear, yet to the overruled, lead-judgment pronouncement of Hon Justice Walter Nkanu Onnoghen in Dapianlong v Dariye? In declaring (as presented by the learned silk) that “it is a joke take too far for three persons to say they are the legislature of Rivers State”, did the Court of Appeal have before it, to consider and answer, the legal questions arising from the ABSOLUTELY VOLUNTARY defection of 27 members of the Rivers State House of assembly on 11 December 2023? Does nature abhor vacuum? What is the meaning of perpetual succession attributed to corporate institutions? How does the concept of Corporate Legal Personality come in? Should the Rivers State House of assembly close shop, and all businesses of Rivers State governance suspended, only because some members of its House of Assembly woke up one day and VOLUNTARILY chose to quit vide defection? Is the House of Assembly of Rivers State a personal estate of the 27 defected legislators with the consequence that their VOLUNTARY defection leading to loss of their seats in line with Section 109 of the Constitution, brings the House to a total comatose nature, even where some members are still remaining undefected?  Do we want constitutional democracy in Nigeria to survive and grow or do we want it to end in the hands of politicians? I shall read the affected Court of Appeal judgment, to offer my humble suggestions on its status in the face of Dapianlong v Dariye.
  • The point I try to make, respectfully, is that, without first addressing legal questions surrounding the reported defection of 27 members on 11 December 2023, no one can claim to validly, successfully and exhaustively address/answer any legal questions as to whether the remaining 3, 4 or 5 members of the Rivers State House of Assembly can continue to carry on with businesses of the House of Assembly of Rivers State. If anyone wants to honestly, objectively and exhaustively address the legal imbroglio in the Rivers State House of Assembly, the starting point is the defection of 11 December 2023 and its necessary legal, practical implications. Else, the person would run into troubled water of logical errors, factual inaccuracies and legal blunders, because whether or not the remaining MINORITY members can continue with the business of the House is dependent of the question whether the seats of the VOLUNTARILY defected MAJORITY members had become vacant. This, it’s submitted with the greatest respect, appears to be the fate of the one-sided legal opinion offered by great learned silk OCJ OKOCHA. 
  • From available yet-uncontroverted evidence, the fact of defection of Hon Martins Amaewhule and 26 others from their political party to another, which happened on the floor of the Rivers State House of Assembly on 11 December 2023, is not in doubt.  Hence, it’s curious that some lawyers either deliberately or inadvertently avoid mentioning that aspect and its legal implications, but instead would concentrate on whether the remaining 3, 4 or 5 members can continue with businesses of the House. Particularly, with due respect, I am surprised that great learned silk, legal icon and iroko, the respected Chief OCJ Okocha omitted to address the many questions arising from the defection of the majority members of the Rivers State House of Assembly on 11 December 2023, but went straight to address and make conclusive statements on the status of the remaining 3, 4 or 5 members, and declaring that “3 members cannot constitute the House of Assembly of Rivers State”, “it is a joke taken too far”. Learned silk even went further to declare the 27 defected members as the “Authentic Legislature” without advising the watching public on how he came to that conclusion in view of incontrovertible evidence showing that the same 27 members had earlier on 11 December 2023, voluntarily defected, thereby bringing themselves within the purview of Section 109 of the Constitution.
  1. Respectfully,  by ignoring to address questions surrounding the defection, one wonders whether the respected learned silk was now treating the defection as if it never happened. If he believed it did happen, one had expected that he would have been willing to tell us, his followers who had been waiting to hear from him about this, what he thought about the position of the law in Nigeria regarding defection by a legislator under such circumstances of no factionalisation existing or merger arrangements ongoing, at the time of the defection, in the political party on whose platform the affected legislator was elected to the House.  The great learned silk OCJ Okocha has thus missed a golden opportunity to lecture us on the position of the law. A golden opportunity has also been denied us of hearing from a legal giant, an all-inclusive legal opinion on all legal questions arising. A great deal of a lot is missing in the learned silk’s speech, unfortunately, with due respect!
  • Finally, at the conclusion of his said luncheon legal speech, the learned silk declared thus: Let us allow the Supreme Court to decide the matter.” Could this be why the learned silk had refrained from addressing legal questions arising from the said 11 December 2023 defections — perhaps the learned silk did not want to comment on questions currently pending before the courts for determination? Obviously no, because if that was the learned silk’s reasons, then the learned silk should for the same reason, have avoided reaching the following conclusions/statements; all they are among the many questions currently pending before courts of law for determination:
  • it is a joke take too far for three persons to say they are the legislature of Rivers State; a joke taken too far”;
  • “Look at the legislators of Rivers State, led by Hon Martins Amaewhule”;
  •  “Judgement Day  is coming, and we will know on whose side the law is…. I assure you, my brother Martin that… the law is on your side”.
  • All these are issues currently pending before the courts. I respectfully believe that the learned silk is entitled to offer his legal opinion on anything, at any time. But since he chose to comment on one side, he should have endeavoured to comment  on all sides. With due respect, it is curious that while refraining from touching any legal questions arising from the defections, the learned silk had concentrated on making conclusions on legal questions surrounding whether the remaining members could constitute the House. A great opportunity missed, unfortunately, with due respect!
  • Well, we will not give up in our search for a determination of, and in our discussions about, the law as it’s. This discussion must continue in the interest of law, the Constitution, Constitutional Democracy, the Legal Profession and Nigeria. To this end, from my own tiny end, please stay tuned for Part 2 titled, “Part 2: One Cannot Validly Discuss Whether 4 Or 5 Members Of The Rivers State House Of Assembly Can Continue With Businesses Of The House Unless And Until One Has Ascertained The Legal Implications Of The Reported Defection Of 27 Members Of The House On 11 December 2023 (A continuation of the ‘I’m an Authentic Legal Luminary’ Discussion Series)”.
  • POST SCRIPTUM:  ADVICE TO LAWYERS GENERALLY

Legal Practitioners, irrespective of their political, cultural, ethnic, religious or social leanings or predilections, have a primary responsibility as lawyers to uphold the truth at all times, and to promote the rule of law irrespective of whose ox is gored. This duty is overriding and supplants the lawyer`s duty to his/her clients and/or any desire on his/her part to protect or advance any provincial interests he/she represents. It could therefore be concluded that promoting the truth, justice, and rule of law, is the most obvious and fundamental role for lawyers in a constitutional democracy, although this duty is not necessarily such a simple one. Nevertheless, let it be known that if Nigerian lawyers for whatever reasons fail in these core duties, our hope of building, sustaining and advancing true constitutional democracy and democractic constitutionalism would become a mirage. (See: The Rivers State Assembly imbroglio and duty of lawyers to defend rule of law and constitutional democracy in NigeriaBy Sylvester Udemezue; published on 07 July 2024 in LawAndSocietyMagazine; TheNigeriaLawyer; TheNigerianVoice, BarristerNG, etc)

Respectfully, 

Sylvester Udemezue (Udems), 

Proctor, 

The Reality Ministry of Justice (TRM)

08109024556

[email protected]

(20/October/2024)

South-West, run, Ganduje is coming

By Suyi Ayodele

In this geopolitical zone, we must deliver 100 per cent in favour of APC. Therefore, Ondo State, you must be at the forefront, the two other states – Oyo and Osun – we will capture them, but I will not reveal our secret. We are strategising. Everything must be 100 per cent behind President Bola Tinubu.”

The above vow was made by Abdullahi Umar Ganduje, APC National Chairman, at a meeting with APC stakeholders ahead of the November 16, 2024, governorship election in Ondo State. He did not stop at vowing to capture Ondo State. He listed two other states: Osun and Oyo, as part of the states he would “capture” for supper.

When that is done, the entire South-West geo-political zone will be 100 percent APC-controlled region.

I am bothered about Ganduje’s choice of words. His use of the word ‘capture’ reminds me of how Samuel Ajayi Crowther was captured by the Fulani and sold into slavery some 200 years ago at his village, Osoogun, near Oyo town. History says “Ajayi was around 12 years old when he and his family were captured, along with his entire village, by Fulani slave raiders in March 1821 and sold to Portuguese slave traders.” Ganduje is Fulani.

I checked the semantic implications of the verb, “capture”, using the Semantic Principle of Contextualisation. Ninety-nine percent of the results I got have negative connotations. For instance, one meaning describes it as “take captive”, another synonym gives it out as “subjugate”; and one informal usage says it means “collar’.

The Shorter Oxford English Dictionary defines it as: “act of seizing or taking as a prisoner or prize; gaining possession of by force…” (Pg 345). Cambridge Advanced Learner’s Dictionary (Fourth Edition), adopting the Stylistics strategy of Foregrounding says “capture” means: “to take someone as a prisoner, or to take something into your possession, especially by force” (Pg 218). Collins English Dictionary & Thesaurus says it means: “to take prisoner…” (Pg 173). And Webster’s Universal Dictionary & Thesaurus defines it as: “to take prisoner; (fortress, etc) to seize; to catch…” (Pg 87).

The heat from the political furnace of the APC will also roast many of the PDP-controlled states in the South-East, South-South, North-Central, North-East and North-West. Some of these states will willingly surrender to the ruling party, while the others will be decimated. Nothing can change that permutation as long as Bola Ahmed Tinubu remains the President of Nigeria, and he seeks to be president again for the second term.

When a woman speaks, pay attention to what she says with her eyes. The axiom is equally applicable to the menfolk, especially the political elite of this era, who can give anything, and do anything, to achieve their goals. The only beautiful thing is that our politicians warn us before they strike. The fault is ours that we fail to act to counter whatever they say.

In the build-up to the 2023 presidential election, President Tinubu said that “Political power is not going to be served in a restaurant. They don’t serve it a la carte. At all costs, fight for it, grab it, and run (away) with it.” Nigerians refused to pay attention to him. We waited for the February 25, 2023, presidential election date to know the full import of what Tinubu said.

But then, it was too late. By the time we realised what was happening, the same Independent National Electoral Commission’s (INEC) Bimodal Voter Accreditation System (BVAS) and its Result Viewing (IReV) portal, which worked for the senatorial and House of Representatives elections held the same day, time and venues with the presidential election, did not work when it came to Tinubu’s election. The man did not only grab and run away with the election, but he has also done a dash with our collective posterity.

The APC employed that method in 2015 when it captured the entire country. It repeated the feat in 2019 and took it to a bestial level in 2023. Now, 2027 is knocking on the political door and Ganduje is already telling us what to expect. The whole mess in the country is all because of the 2027 second-term ambition of President Tinubu. Nobody should be deceived by Ganduje’s addendum of “but I will not reveal our secret.”

Every good student of Semantics and Stylistics must pay attention to words, their meanings and the strategy deployed in using them. When a man employs the strong evocation, as contained in the modal auxiliary verb, “Must”, the way Ganduje used it in Akure, my Semantics teachers said it has one basic function to perform; and that is compulsion!

What Ganduje meant is that the APC would win Ondo State and other states that he mentioned, by all means! This deployment of diction does not pay attention to the political preferences of the voters. The APC “MUST” win because the region “must” be 100 percent behind the president. If he wants to play the true leader, Ganduje should not have left the people in doubt that his party’s victory will be rooted in good governance.

The APC National Chairman has already told us what was in the offing. APC has only one “strategy” and one “secret”: win and let the opposition go to court. All the states in the South-West must go into the APC’s captivity for Tinubu to obtain 100 percent home-based support. I am worried because too early in life, I was trained to pay attention to what a man says and use the same to measure his character,

Brother ‘Biodun Ogunleye taught us Literature-in-English in Form Five. He was a colourful teacher. He never allowed any of his students to call him “Mr. Ogunleye”. He was content with the simple “Brother Biodun”. He said that made him closer to his students. And he was indeed close to us. He was not a teacher; he was, and he is simply a brother. We loved and enjoyed his classes.

In one of the sessions, he taught us the topic, characterisation. He stated that every character speaks according to his or her psychological make up. The adopted text then was Ola Rotimi’s “The Gods Are Not to Blame. He would ask us to read out the words uttered by a character and then ask us to describe who the character is based on what we read.

It was from him we learnt that King Odewale, the main character in the play is “temperamental.” ‘What a man says speaks more about his personality’, the teacher of teachers said. Brother ‘Biodun is eternally correct. He later left the teaching profession for Law. At a time, he was the Ekiti State Secretary of the APC. How our darling Brother Biodun ended up with the figures in the APC is one topic I will take up with him anytime we happen to be together. But thanks to him for that cradle knowledge about how to situate every character.

Words don’t just come out of human beings. All the words we utter are processed first before they are vocalised; except in the cases of some Nigerian politicians who utter words before they process them. A former National Chairman of APC, Chief John Odigie-Oyegun, once described his successor, Comrade Adams Oshiomhole, as a man who talks before thinking. Every man is therefore as good as what he says.

I am applying the same principle to the utterances of Ganduje in Akure because of his antecedents, and more importantly, the antecedents of the political party he represents. When a political party is populated by people with Machiavellian tendencies the way APC is configured, voters beware!

A foretold war is not likely to kill a wise lame. The man with walking difficulties is usually counselled to begin the journey to exile the very day the warning bell was tolled. Unfortunately, it may be too late for the people of Ondo State.

I say this because APC is not a silly party like the docile opposition Peoples Democratic Party (PDP). Ganduje said he “will not reveal our secret.” One would expect the PDP or any of the opposition parties to decode what “our secret” means.

But not the PDP, not any of the non-existent parties! When a child eats eko (agidi) with an elder, and the elder does not stain his fingers, let the child know that the secret is under the leaves used in wrapping the eko.

Incidentally, the wisdom in the above saying is lost on the PDP. The party is too busy with the distraction from its recalcitrant children like Nyesom Wike and Ayo Fayose of this world to be able to think outside the box! A political party which lacks the testicular fortitude to deal with the likes of Wike and Fayose will always be at the receiving end of the political shenanigans of a rampaging APC. Shior!

This is why Ganduje threw diplomacy and decency to the wild winds and announced that APC would “capture” Ondo, Osun and Oyo States for Tinubu. He is a man who states it as it will happen. His antecedents confirm that. He is like that notorious character, Obika, the son of Ezeulu, in Chinua Achebe’s Arrow of God, who gets away with virtually all his irresponsible actions. When a man’s character depicts the negative side of life, attention must be paid to whatever he says and does.

Under Ganduje as governor, the streets of Kano were a sea of suffering – beggars, old, young, male and female. The number of out-of-school children ballooned in unimaginable percentages. That is the marketer-in-chief of the APC in a South-Western state in 2024. Bí ìyà ńlá bá gbé ni sánlè, kékeré á g’orí eni.

Governor Lucky Ayedatiwa should run away from him if he would be lucky again and the world would truly be his’. A man who answers Orimisan (My head is good) as his middle name should be circumspect when in company with dangerous, devil-may-care people. The man who wears a white garment has no business embracing the man who carries a keg of palm oil! “Wisdom is profitable to direct”, says the Holy Book in Ecclesiastes 10:10.

APC and Ganduje can gloat today because they get away with whatever perfidy they concoct. But I have a word of advice for them. The duo should not rejoice because they have the capacity to capture the entire nation. The day will always break; so, the one who rejoices for wearing a rag in the darkness of the night will be totally exposed. There is a limit to which the people can be pushed before they will react.

When a goat is pursued to the wall without any escape route, it turns to attack its traducer. One day, the ones in captivity will break the chains and fetters holding them bound to violence. Obika rides on the personality of Ezeulu, his father, to commit all manners of crimes. But, when the people got tired, they ensured that he was humiliated by being flogged publicly by the white man. Every act of perfidy has an expiry day. Maybe the November 16, 2024, “capturing’ of Ondo State will be the Nunc dimittis for the APC; who knows? But it is possible the party can win by fair wins.

Ogun Awitele (Foretold War), as a storybook written by inimitable Adebayo Faleti, ends with victory over an audacious band of night marauders. The villagers won because they didn’t go to sleep when they received the promise of the robbers to capture them and their goods. The South-West must be careful not to sleep with all heads in one direction, else, they become the 2024 Ajayi Crowther.

TIPS