Plateau State Youths has held the 2023 annual stakeholders workshop on active Citizen/Group participation in Civic Responsibilities for Peaceful Elections in Nigeria.
The workshop was organized under the instance of Centre for Community Actions for Peace and Development (CCAPAD), held at the State Secretariat is funded from the Bread for the World for Local Peace and Security Network in Four Local Government Areas of the state which includes, Bassa, Jos East, Jos south and Barkin Ladi at Fajib, Hotel, State low-cost Rantya Jos Plateau state.
Thee Objective of the workshop is aimed at building the capacity of participants to positively contribute their quotas before, during and after the 2023 general elections in Nigeria.
Participants at the workshop were intensively trained by seasoned resource persons on various concepts of Government and Democracy in Nigeria as detail broken down to the following take aways .
Definition and analysis of democracy and its characteristics, the Basic Principles of Government, the Rules of Law, Fundamental Human Rights, separation of Power, Check and Form of Government such as Communalism, Socialism, Capitalism, Communism, Mixed Economy, Oligarchy and Democracy. Balances and good governance.
Participants were sensitized on the issue of franchise, Right to vote and to be voted for in election, types of elections, electoral reform 2022, political parties, their mandates and 2023 general election time table.
The workshop also teaches the different methods observations/monitoring what to observe and how to report what was observed during the conduct of elections.
The positive roles and actions of CCAPAD, towards peaceful and credible elections in Nigeria 2023 were highlighted and discussed at the workshop.
The working capacity of the participants on peacebuilding, Democracy, Human rights, Good Governance Election monitoring and observations among others is significantly improved.
Sound local CCAPAD structures for knowledge and information resource sharing between individual and group participants are consolidated and promoted.
Collectiveness of ideas and open opportunities for networking and collaboration between communities are also realigned
.Civic awareness and human rights and responsibilities on advocacy and public policies on the political and social processes are provided are affirmed.Resolutions and Recommendation
The following were resolutions and recommendation by participants from CCAPAD Local Peace and Security Networks
They however Commended the organizers of the workshop for putting the event together in terms of the Accommodation, Feeding and General welfare of participants, and most importantly the training content, timeliness and rationale hence, are commended for the Job well done and called upon to sustain it.
Applauded the organizer for quantum of knowledge acquired by the participants which is greatly appreciated and pledged to be stepped down on local communities by the participants.In the overall interest of public improvement, the areas of good governance, democracy, justice and civic responsibility, it is our hope that CCAPAD extends their areas of coverage to more Local Government Areas in the State.
All CCAPAD teams in the various Local Government of operation however resolved to strategize towards positively ensuring peaceful subsequence general elections in Nigeria.
As pledged during our training we had conducted our step-down trainings, wherein we engaged our community leaders on peaceful election, healthy politicking and issues-based-campaigns devoid of religious and tribal sentiments.
The youths have been sensitized to avoid been used as political thugs and trouble makers during the forthcoming elections by the politicians.
The Independent National Electoral Commission of Nigeria (INEC), is hereby called upon to provide a level playing ground for all the actors regardless of political or religious inclination and to improve on some of the few lapses that were observed during the test-running of the BVAS to guarantee credibility of outcome.
All politicians who may not be pleased at the outcome of the elections are advised to embrace it in the spirit of sportsmanship and where otherwise, they are encouraged to go to the courts for amends.
Participants of the Leadership and Strategic Studies Course 1/2023 of the Nigerian Army Resources Centre today 18 April 2023 embarked on a study tour to Plateau state. The tour was to expose the participants to the practical understanding of the various approaches employed by security agencies in dealing with the multifaceted security challenges in Plateau State.
Addressing the participants at the Headquarters Operation SAFE HAVEN (OPSH) Jos, the General Officer Commanding (GOC) 3 Division and Commander OPSH, Major General Abdulsalami Bagudu Ibrahim pointed out that the employment of both Kinetic and Non-Kinetic strategies adopted in conducting the operation led to the significant level of peace and security being witnessed in the state today. He told the participants that, with the cooperation and support of the people of Plateau, the troops have able to neutralized and arrested several unrepentant criminals with other dangerous weapons recovered.
General Abdulsalami further noted that troops of OPSH are working round the clock to ensure that people go about their economic activities unhindered. He urged the participants to be open-minded and ask questions towards achieving the objective of the study tour. He also thanked the Nigerian Army Resource Centre for considering OPSH worthy of the study tour.
Speaking on the significance of the tour, the team leader for the study tour, the Executive Director Consult, Major General JGK Myam said the theme of the study tour was “Exposing Participants to a Deeper Appreciation of the Relationship between Military Leadership, Strategic and National Security.” He urged stakeholders to always be sincere and open-minded in preferring lasting solutions to security issues for prompt action.
Highlights of the event were brief on operational activities of OPSH, interactive session and a group photograph as well as visit to Sectors and Forward Operating Bases under OPSH.
The former aspirant in the just concluded 2023 election Representing Pengana Constituency in Plateau State House of Assembly, under the platform of Social Democratic Party (SDP), Honorable Joshua Daniel Ramadan has advice the Incoming Government in Plateau state barrister Caleb Mutfwang to appoint people with competence and credibility irrespective of tribal , religion and political affiliations into his cabinet to enhance rapid development in the state.
As he said if the new government embark on the old practice of using state appointment to compensate friends and cronies base on their separate support during electioneering campaign ,he may just be taken the wrong step at the right direction which may smear doom for the economic resusitation of the state.
Honorable Daniel Ramadan was speaking in an interview with journalists during the celebration of birthday of one his Political partner and friend held at Polo Club 15th April 2023.
He said it is important for the incoming government to have it in mind that it is no longer business as usual where governor jet to Abuja every month to share money under the guise of monthly allocations.
The former Special Assistant(SA) to governor Lalong on political matter further said, as its right now, Nigeria as a country is lnsurvent which means broke financially, hence the need for every state government including plateau to look inward to generate revenue by making use of competent people that can give result.
He said it behoved on the incoming administration to bring technocrats, men and women that can think outside the box with the view of generating additional revenue for the state without waiting for monthly federal allocations.
He further adviced the in coming government should harness the abundant natural resources abound in the nook and cranny of the state, which can be possible if the people with fore sight, that can think outside the box is brought on board. He maintained.
Ramadan said although he is a card carrying member of SDP , I realize that as youths we just have to wake up and start doing the right thing , which informed my contesting for the state house of Assembly in first instance.
He stressed that as youths , it is important for one to gage his weight politically to know your capacity or competent politically if you have the capacity to lead or not. So if you hang your political weight on godfatherism ,and those in the corridor of power , in politics, it will be difficult for one to achieve his aim in life including politics .
My advice to the youths is to stand on their own , test their competent and capacity in every opportunity, to know whom they are.
On the achievements of APC 8 years in the state ,he said you cannot entirely say that the All Progressive Congress APC, failed totally in all aspects through out her government in the state,but you can not also say that they , achieved in all areas. There are many areas they failed which is human, you succeed in some aspects and have challenges in some areas.
In area of (ICT),as youth I can beat my chest and score the APC administration in the state an Excellent mark because no State in Nigeria that can challenge plateau on ICT probably because of the right person that was given that opportunity to handle the Agency.
“I can categorically tell you that as far as ICT is concerned, APC, government on the plateau tried very well.”
He however praise the celebrant for adding another year to his age and further said as one time special Assistance to the Chairman of Jos North,he has done a lot for his Community and those his path has crossed,and wish him fruitful years ahead to the service of humanity
The Newly Elected member of Plateau State House of Assembly, Honorable Danjuma Azi has promised to revamped the state owned security outfit hitherto in moribund to complement other unconventional and conventional securities outfit Operation Rambow , and other conventional security bodies to complement the conventional ones in the state.
This is imperative because the number of the conventional security outfit operating in the state are grossly inadequate commensurate with the upsurge of crimes and Criminality currently rearing it head in the area in Jos North -West Constituency which I am currently representing in the state house of Assembly in the 10th plateau State House of Assembly.
Honorable Danjuma who is the Newly elected member of the state house of Assembly to represent Jos North West Constituency in the state house of Assembly,was speaking in an interview with journalists during the birthday celebration of one of his Political Friend held at the Polo Club in Jos , plateau state.
He decried the current increase of insecurities of life and properties under the watch of the ruling APC Government in the state, and stressed that under the watch of the 10th house of Assembly, our responsibilities include to make laws to curb insecurities in the state and it environs.
” You could recall that before the coming of APC Government in the state ,we have state security outfit , Operation Rambow , which was the brain child of PDP administration of Jonah David Jang”.
During our visit to the Newly elected governor of the state Caleb Mutfwang,he challenged us the law makers that is not going to business as usual that we should wake up to our legislative responsibility.
As against this background, honorable Danjuma said the law makers in the 10th Assembly Will gick the law establishing the moribund Operation Rabow with the view of equipping it with modern security equipment to complement the conventional securities outfit in the state like the Nigeria Police force, and other security bodies to reduce crimes and Criminality challenges facing the state in general and Jenta Adamu in particular.
Stressed that Jenta Adamu is one of the wards within his Constituency ,and Promised to work closely with some of the existing unconventional securities Agencies like Vigilante group, Professional Hunters Association and others Operating security group in the area with the view of reducing or if possible eradicating insecurities in the area.
The law maker however showered accolade on the celebrant Hon.Yakubu whom he discribed as friend and confidant and above all,up raising politians without blemish in Jos North West Constituency of Jenta Adamu ward.
However charged all youths to emulate the person of Yakubu ,the celebrant ,his simplicity and ready to learn from those who were there before him , above all ready to give back to the community that make him.
Going by his antecedents, those who knew his style of governance when he was governor of Lagos State have described him as a leader with a knack for headhunting the best of brains and those with the requisite competence and capacity to pilot the affairs of key government establishments.
Hinting recently about the appointments he is set to make, the president-elect stated categorically that he was out to constitute a government of national competence, which he said would form the basis for his appointments.
With ethnic and religious sentiments being weaved into the lobby for appointments into his cabinet, Tinubu said religion, ethnicity and other similar considerations would not determine appointments in his government.
“In selecting my government, I shall not be weighed down by considerations extraneous to ability and performance. The day for political gamesmanship is long gone. I shall assemble competent men and women and young people from across Nigeria to build a safer, more prosperous and just Nigeria. To secure our nation and to make it prosperous must be our top priorities. We cannot sacrifice these goals to political expediency. The whims of politics must take a backseat to the imperatives of governance,” he said in a statement he personally signed.
Sources close to the incoming president of Nigeria told LEADERSHIP that even though he does not spare thought in rewarding loyalty and hard work, Tinubu has also penciled some Nigerians who are not members of the governing All Progressives Congress (APC) but are also talented, experienced and capable for appointment into his cabinet.
According to the sources that should know, the following persons have been shortlisted and considered to make his cabinet:
Sanusi
It was learnt that a powerful lobby pushes for the return of the 14th Emir of Kano, Muhammad Sanusi II as governor of the Central Bank of Nigeria (CBN). Sanusi whose forte is risk management in banking, enjoys the blessing of Governor Nasiru El Rufai of Kaduna State who has the ears of the president-elect.
As CBN governor between 2009 and 2014, Sanusi’s strong, independent leadership of the apex bank ensured relative stability of the financial market, especially after the turbulence of the global financial crisis of 2008/2009. Naira’s value stabilised around N155 to $1 for four years.
Tinubu, a seasoned accountant, is said to be predisposed to a new monetary management template synergised with sound fiscal policy to immediately revitalise the national economy on assumption of office May 29.
It is almost certain Godwin Emefiele will exit the government with President Muhammadu Buhari on May 29. Insiders at CBN hinted that he may even take a convenient “sick leave” abroad any time soon before Buhari’s scheduled hand over to avoid “embarrassment”.
Sanusi, according to our source, is considered as a credible technocrat with strong character to sanitise the banking/financial sector now left limping following Emefiele’s bungled Naira swap policy. Tinubu camp, believed to be fiercely opposed to Emefiele not only because of the Naira redesign policy alleged to be targeted against the APC in the February 25 presidential poll, hold strongly that the nation’s economy is worse off after Emefiele’s policy as indicators suggest.
According to the Centre for the Promotion of Private Enterprise, a think tank, the Nigerian economy is estimated to have lost N20 trillion between January and March 2023 due to Emefiele’s bungled Naira redesign policy.
Gbajabiamila
Current speaker of the House of Representatives, Hon Femi Gbajabiamila, is strongly being touted as the chief of staff to the president elect.
In exclusively reported that the Speaker had declined to collect his certificate of return after the recent election because he was poised to emerge Tinubu’s chief of staff.
Amid speculations that the Speaker has already begun to function in the capacity he is being projected for, Gbajabiamila was among few Tinubu loyalists who broke fast with the president elect in France last Saturday.
El-Rufai
The governor of Kaduna State, Nasir El-Rufai, is one APC stalwart that has endeared himself to Tinubu. The president-elect himself told the former director-general of the Bureau for Public Enterprises and FCT minister last year that he was not go out of the country after his tenure but stay to serve the country with him.
It was gathered that El-Rufai has been penciled to serve in Tinubu’s cabinet as secretary to government of the federation (SGF).
“You know that the office of the SGF is more or less the coordinating point for ministers in any federal cabinet. Tinubu believes that the Kaduna governor who once served as minister has the capacity to galvanise ministers to effectively implement government policies. This, coupled with his unalloyed loyalty to Tinubu, is the credentials giving him the qualities to become the next SGF. Don’t forget the confrontational manner in which he engaged the Aso Rock cabal at the peak of the cash crunch occasioned by the Naira swap policy,” one of the sources told this paper.
Dele Alake, commissioner for information and strategy to the then governor of Lagos, Tinubu, between 1999 and 2007, has remained with him as media aide. Alake who is the special adviser on media and communication of the APC presidential campaign council has been shortlisted as the next minister of Information and Culture. The ace journalist has again earned the trust and confidence of his boss considering the way and manner the media directorate of the campaign team took on the opposition with the ferocity of a wounded lion in defence of Tinubu and the governing party.
“For Alake, it is the parliamentary ‘take a bow’ and go, as the president-elect believes that there can’t be a better choice than to replicate the feat of the campaign media team in his cabinet as government’s mouthpiece,” an impeccable source to LEADERSHIP.
Besides, it was gathered that Alake’s loyalty is not in doubt, as he has been steadfast in working with Tinubu even after leaving office almost two decades ago.
Akume
Former governor of Benue State and current minister of special duties and intergovernmental affairs, George Akume, has been tipped to take over from Sen Abdullahi Adamu as national chairman of the APC. It is quite obvious that Adamu is on his way out as helmsman of the governing party following the post-election crisis that is gradually consuming him and putting the party on the precipice.
It was gathered that Akume who has been a political ally of Tinubu since 2011 when he joined the defunct Action Congress, one of the legacies that formed the APC, is seen as the man fit to take over from Adamu due to his vast knowledge of party politics.
Besides, Akume delivered for Tinubu and the APC in Benue State where the party displaced the governing Peoples Democratic Party (PDP), stopping the incumbent governor, Samuel Ortom, from retiring to the Senate
Fashola
Minister of Works, Babatunde Fashola, is also on the list, though he is merely being considered because of his role during the 2023 campaigns. Like Gbajabiamila, the former Lagos governor is also being considered for the office of the Chief of Staff to the president due to his vast experience, age and strength of character.
As a former commissioner and chief of staff to Tinubu who was Lagos state governor from 1999 to 2007, it is believed that Fashola would do well if he is allowed to wear the same old chain. After his tenure as governor, Fashola was appointed first as minister of power, works and housing during the first term of President Muhammadu Buhari and then as minister of works and housing in 2019.
Fashola was the director, election planning and monitoring of the presidential campaign council of the ruling All Progressives Congress (APC).
“They see him as a key part of Tinubu’s success story in Lagos and it is believed that his wealth of experience at the federal level as minister will be of immense benefit to the incoming Tinubu administration.
Fayemi
Indications have emerged that immediate past Governor of Ekiti State, Kayode Fayemi is likely going to be picked as foreign affairs minister.
Fayemi who has served as minister of Solid Minerals Development during President Muhammadu Buhari’s first term, might secure the foreign affairs ministerial portfolio because of his extensive network with non governmental organisations and his robust rapport with foreign organisations.
He was a key member of Tinubu’s interface with the international community during the campaign for the recent elections. He was also said to have played a strategic role when former African heads of state paid a visit to Tinubu shortly after the presidential election.
However he would have to slug it out with some other key figures from Ekiti state who are also being considered for ministerial position.
Adeyeye
The former minister of state for Works and former journalists is also being considered for a ministerial position in Tinubu’s cabinet.
It is gathered that he might be penned for the minister of information and culture portfolio because of his journalism background and having served as spokesman of a political party in the past.
But he is also from Ekiti State like Fayemi, which makes the possibility of his emergence as a minister dicey.
Group Photo During The Press Briefing In JosCross Section Of The Executive Members Of The Group In JosCross Section Of The Group Snapping PhotosPix Of The Executive Members Of The Group In Jos
As Campaign for the exorted position of the 10th Senate President of National Assembly intensified , group under the auspacies of Yari Youth support for Senator Abdul – Aziz Yari Abubarkar North Central Zone has drum support for the former Zamfara state governor.
As Yari for Senate President is imperative considering his wealth of experience as two term governor of Zamfara state and Chairman Governor Forum and other political experience he had garner over the years , his Political leadership qualities, and contributions to politics and good governance in Nigeria and beyond.
The group under the leadership of Alh. Adam Mohammed who doubled as the convener of the forum , drummed the support in a press briefing held 15th April 2023 in Jos, Plateau State.
The group said considering the enormous wealth of experience to the credit of our principal , Abdul-Aziz, as two term Governor of Zamfara State and Chairman Northern Governor Forum, backed with other leadership qualities to his credit, we believe that the Senate President position will not be tiresome for him if given the opportunity to serve at the helm of affairs of the National Assembly of the 10th Senate.
The group whose membership cut across North Central Nigeria of the country made up of Nasarawa, Plateau ,Kwara, Kogi and Benue State , is guided by federal character principle, called on the leadership of the National Assembly to share the leadership of the Senate with conscience to enhance understanding in the most Cultural and diverse country like Nigeria.
However appealed to the stakeholders of All Progressive Congress (APC)to consider the Candidature of Abdul-Aziz Yari, with the view of considering him for the position of Senate President of the 10th National Assembly.
The group use the Press briefing to call on all members of the National Assembly to consider Abdul-Aziz Yari for the position of Senate President of the 10th Assembly , because it has all what it takes , and with him at the helm of leadership affairs of the National Assembly, peaceful affairs is assured. He maintained.
Earlier the forum listed the objectives of the forum to include,to establish the forum across all the States that make up Central Nigeria ,to mobilize the youths in the zone to support the Candidature of Abdul-Aziz Yari for the position of senate president,to make the people know that a vote for Yari is for peace and tranquility in the assembly under his leadership which will translate to good and vibrant legislative business.
There was a dramatic turned of event at the election tribunal sitting in Jos, plateau state capital as the tribunal awarded Fifty Thousand naira each to the Independent National Electoral Commission (INEC) and AVM Napoleon Bali Candidates of People Democratic Party (PDP) , against Timlok Fyenda of New Nigeria People Party(NNPP) for self withdrawal.
The withdrawal of the petitioner from the suit is contained in a motion on notice dated 12th April,2023 brought in pursuant to paragraph 29(1-6) of the first schedule of Electoral Act,2022 under the inherent jurisdiction of the honorable tribunal.
The petition file number EPT/PL/SEN/05/2023,Timlok Fyenda and others, and INEC and 2 others where predicated on 3 grounds of the tribunal which includes an order of the tribunal to grant leave to the Applicants to withdraw petition No:EPT/PL/SEN/05/2023,an order of the honorable tribunal to dismissing petition No: EPT/PL/SEN/05/2023 and for such further orders as this honorable tribunal may deem fit to make in the circumstances of this case.
According to Timlok represented by his counsel barr Seun Ajobiewe, ESQ represented by barrister Ayuba Dennis in Court anchored reliefs sought by the petitioner on 3 grounds which includes the threat to 1st Petitioner’s life and that of his family members being threatened for bringing the petition to the tribunal as such they can no longer move freely within their Community, that the 1st petitioner has pressurized by the elders of the state and his Community to withdraw the case from the tribunal and that Timlok Fyenda who is the 1st petitioner and, the 2nd Petitioner had delibrated and in view of the threats and pressure on the 1st Petitioner and his family, that the best course of action is to withdraw this petition.
In their separate response,the respondents said they did not oppose to the application of the Petitioner to voluntarily withdraw his petition but plea with the tribunal to award cost of action favour of the respondents, against the Petitioner.
In his ruling, Justice Mohammed Bello the tribunal Judge grant the application for the Petitioner withdrawal of his petition and further awarded Fifty Thousand naira (#50,000) each as a cost against the Petitioner and in favor of the respondents which amount to Hundred Thousand (#100,000) in favor of the respondents.
It could be recall that the Petitioner petition the tribunal challenging the declaration of Napoleon Bali of PDP the winner plateau South Senatorial Constituency by INEC.
With the withdrawal of petition against Napoleon, the numbers of petition which are hitherto 16 in number has dropped to 15.
Investigation has revealed that he (Peter Obi) was detained for some hours in the UK because someone with his passport had already entered the country. It was also confirmed that Peter Obi’s Nigerian passport is allegedly duplicated, and someone is impersonating him in the UK.
There is no way that someone’s passport will be duplicated without the knowledge of the Federal Government (immigration) due to the fact that all passports are being processed using the NIN.
The implication of this is that a crime that might be committed in the UK with that passport will be tied to Mr. Peter Obi.
Sources who don’t want their names in the media confirmed that the duplicate passport was done by APC in collaboration with the Federal Government.
Fact 1: On April 10, a video of RCCG pastor Irukwu went viral after he mistakenly introduced Peter Obi as president in London. The said event happened on Easter… Therefore, the news that Peter Obi spent his Easter Sunday in detention is false.
Fact 2: The news of Peter Obi’s detention went viral after it was made public by Prof. Chinyere Okunna. No foreign media outlets carried the news because it was a normal way to check someone in the UK for duplicate passports.
There is no way Peter Obi will be arrested and deported, and it will not make headlines on the BBC, CBN, or other reputable international media. ,
An Association under the auspacies of Senator Jeremiah Usani Group has threatened to drag those behind the illegal , fictious letter of Suspension against senator Usani that has gone viral on the internet before the competent court of law.
The threat to by the group is contained in a press statement dated 13th April 2023 signed by Useini group spokeman Plateau State Chapter Emma Macham and made available to this medium in Jos , plateau state Chapter.
The statement read in part,the attention of our leaders/members has been drawn with nostalgia illegal suspension letters in circulation especially on social media purportedly under the instructions of the illegal State executive led by one Chris Hassan which is a tacit approval of attempts to ridicule and embarrassed respected leaders of the party.
First,we hereby states “CLEARLY” without fear of contradiction that Plateau State doesn’t have legitimate executives at the moment,all those parading themselves have since been nullified by several courts of competent jurisdiction including the highest court of the land”Supreme Court”.
The statement further read,democracy thrive on rule of law and we have vowed to ensure our party operates strictly within the ambits of law and those against our principles should be patient with us that our efforts legally will not be truncated by any force in Government or out of Government.
Added that It is common knowledge that funds belonging to our 2023 Presidential Candidate Alh Atiku Abubakar send to Plateau State were syphoned by some very notable members of our party,with huge surprise those personalities haven’t been mentioned in the circulated illegal suspension letters,this is clearly a brutal invitation to lawlessness and chaos not just within the party but across Plateau State,this personalities who deserve to face high power disciplinary actions from the party for there roles in the gruesome defeat of our party in the Presidential elections still enjoys unlimited patronage and praises and those who work tirelessly for Alh Atiku Abubakar are being issued with letters of suspension surprisingly.
We will restore constitutionality,rule of law,fairness,justice and equity in our party soon as the group,aspirants to 2021 state congresses and our youths have already taking necessary step by officially writing and putting the National headquarters on notice, intimating them of the vacuum existing in Plateau State,failure by the NWC to act and take necessary steps in dissolving the illegal structures across the state will lead to another round of unstoppable riots, court actions and our team of lawyers have been notified and place on red alert for the legal action.
Law enforcement agencies should be on high alert over dangerous statement credited to members of political parties capable of igniting tension and crises within the state.
All steps towards enforcing the various court orders/judgements including supreme court declaration are being put in place incase of failure from NWC soon.
We urge our suppoters across the state to remain calm and forward all letters of purported suspension/report directly to us through the usual medium 24hrs any form of harassments,intimidation,molestations etc.
In the few weeks preceding the gubernatorial and state Houses of Assembly elections, a new wave of campaign became commonplace. For many, it clearly showed signs of desperation for supporters of office seekers during elections; even as many thought rightly that the state had entered a dangerous stage; for which it needed to be healed of.
This development, to all sane people, was an abysmal decline to what a state should not be. The young and even the old became protagonists of an old evil practice, which should have long been laid to rest, to pave way for nation building. Religious voices gladly wore the toga of the division that sadly was apparent in most centers; with lots of their followers queuing behind them.
With this, indications became rive that we may have further sunk down the ladder as we did in 2015 and 2019. Those of you who recall the scenarios, and if you do an analysis of both, you may come to the conclusion that, we are in need of leaders, who can give us direction, strength and courage to accept one another in times like this.
The propaganda started in the week during which the International Women’s Day was being celebrated, nothing of that sort should have reared its ugly head. But the heart of man is desperately wicked to fathom what has been conceived to be unleashed against each other. It is ridiculous to think that ‘for the sake of politics, some people in Plateau State don’t even want you to shake hands with Muslims. It bears asking where this satanic gospel is found in the Bible.’
The proponents of the dangerous posts on the new media waited until the week of elections to prosecute the propaganda war. Most of them, young persons, and even the older ones interested in being heard; but importantly to inflict pains on the camps of the candidates joined the fray to exert their pound of flesh. Truly, says a commentator, ‘the cheapest thing is to take sides and be hypocritically blinded to your own faults’. No wonder, the social media army fantasises what took place ‘as a Netflix series’.
However, if they enjoyed stocking the embers of hatred and ethnicity, the older ones stood by to encourage them carry it to outrageous limits. A nation whose elders have remained ethnic champions would continue to pass the traits to as many young people as they come across over the years. No nation can be built, when its leaders stand and watch without reprimanding the young ones if they go astray to sheath their swords.
Except it can be proved, the parties sadly did nothing to stem the tide of descend into the infamous challenges that came from the bellies of their followers on different new media platforms. Even in some of their terse press statements, it appeared as if to say: ‘We know what is happening, however, just keep the fire burning until we achieve victory, then we can return to ask for forgiveness’.
Truth be told, the bold temerity couldn’t find expression if the leaders did not embolden their acts. The later developments that allegedly revealed those behind the conspiracies say a lot of what many had thought. The only remedy is for the revelation made to go beyond just those in Propaganda Plus who read the press conference text; it will serve a purpose if Plateau people know the facts behind their actions, particularly as the land needs forgiveness and healing.
The question to ask is: Was there no mechanism for the parties to have checkmated the activities of their followers? It is possible to claim they don’t know them, but it will be hard to say they don’t know what they were canvassing for. The party hierarchies couldn’t have claimed ignorance, even as it follows that leaders from the entire divides looked the other way, while the propagandists had a field day casting aspersions and vilifying the contenders and their parties.
If you must know, the intensity of the ‘battle’ was in the camps of the APC and PDP, while the LP maintained a rather ‘questionable’ silence, but using its Internal Affairs Directorate machinery to pound the gubernatorial contenders and to ward off the attacks by fighting APC and PDP’s ‘original sins’ allegedly committed in the past against the state.
However, though sadly, many citizens had expected the intervention of those whose words could have a telling effect on the state. That failed to come and the media became the bastion for the amplification of the wrong voices, which became the fuel which increased the conflagration that was ignitsed to change the perception of the people for and against the parties and the top contenders.
For some of the radio and television stations, newspapers and blogs, many of their readers and listeners, if not for the fear of their regulatory bodies breathing on their necks on account of the content of what they came out with, they would have done far worse than they did. In fact, rather than being on the side of caution, most of them became the devil’s advocate by taking side openly. And even at that, there were several pieces of materials and broadcast, which were largely a disappointment, as it was evident they knew what they wanted to achieve while it lasted.
Those who read the statements made either on radio and or contributed to certain discussions at social event centers were imbued. Come to think of it, the candidates whether from APC, PDP, LP, PRP or NNPP, they are all grounded individuals. The parties that gave them legitimacy to their emergence fully knew what they can bring to the table. Whether, one participated in creating statements that discredited anyone of them, we are all living with the consequences of the seed, unless we take the honourable way out: Seek forgiveness from one another and start afresh in unity.
The damage manifested in various forms, but it was the effects of what some of the older persons had long sown in the hearts of the younger persons that reared their ugly heads. It was natural for the wrong signals to manifest before the day of election. Had the right seeds been sown over the years, we would have become accustomed to celebrating and appreciating those who would seek to lead the state.
In fact, the history of the state is often replete with the choice of one strong candidate; where the older ones had pointed and anointed. Such a decision on one of the strongest contenders was difficult to have a dissenting voice; so long as it made sense that such a choice would accommodate the interests of the state. That has never been for some years, thus paving the way for numerous conversers who had conflicting interests, that cannot pass the test for governing the state.
The rain started to beat us when we saw those contenders as representing the interests of certain tribes above others. Those tribal cleavages alienated the others regarded as working against them. The development gained currency to the extent that governors and their tribal followers saw the opportunity of being in governance as ‘our turn’ to be in charge.
That ‘turn’ became the harbinger for the hatred of others; sadly however, it opened the doors for another tribe from other zones to wait for their turn also. Given, they turn the situation to favour themselves at the detriment of the larger majority; and to be candid, nations cannot make meaningful development so long as from the bowels of their contributions they are fired by selfishness. Truth is that, it has been established that the sound of tribalism is selfishness.
Plateau is a state largely divided by ethnic sentiments. Once you are not with any of the indigenous tribes, one is registered as an enemy of the group. For those who should know, that was not mentioned with Joseph Dechi Gomwalk or Solomon Daushep Lar. The military administrators while they lasted used the tribes against one another to their advantage.
The numerical ethnic strength appears to be a disadvantage to the state; what with over 50 ethnic groups. No matter their sizes, for some decades have remained in the hands of ethnic champions, who further balkanized the tribes to be hostile to one another during moments that should unite the state. For instance, over 21 years, the state has been under intense pounding, losing lands and its people; only a few tribes rose challenging what was happening to those whose people were being killed.
Let me conclude with a piece Simon Kolawole wrote titled recently: ‘A nation in need of peace builders’: ‘We need a peaceful country before we can talk about progress and prosperity. You cannot even be talking about justice without the peace. Comfort for the tree is comfort for the bird. If the tree is inhospitable, the bird will not perch at ease. It is in the interest of the bird for the tree to be cosy and comfortable. I wish those stirring strife can understand this fact of life. If you sow discord and instability, neither you nor your family will know peace too. The desire to propagate hate may look intoxicating now but when the consequences hit, there will be no medals to be distributed. Therefore, the protagonists and antagonists will do us a world of good by beating a retreat.
‘I pray day and night for Nigeria to have more peacemakers than rabble rousers. Peace-building seems to be going out of fashion. We now appear to have entered an era when those who should promote peace, mutual respect and understanding are the ones stoking the fire of hate and strife — all because of the political emotions of the moment. People who should call hate mongers to order and make genuine efforts to help heal our wounds are the very ones pouring fuel on the naked fire. Some are doing it openly and brazenly while others are at the backend engineering things, with their hands barely hidden. The penalties for this mischief, borne out of desperation, will sadly not spare anyone.
‘Nigeria urgently needs peace builders — old and young, men and women, southerners and northerners — irrespective of “tribe and tongue”. Desperate and unconscionable demagogues and ideologues are on the rampage and are rapidly expanding their fan base and reach. Go on social media and you will understand what I am saying. We need a new army of peace builders to counter this disturbing affliction. We need Nigerians who are determined to work for the peace and progress of Nigeria without regard to ethnicity, religion and political affiliation. We need them to step up to the plate not just to dilute but also to overwhelm the hate-mongering and ethnicity-baiting.
‘Today, I plead with well-meaning Nigerians to raise their voices and drown out the noises of those currently working overnight to pitch ‘Ngas, Berom, Gamai or Mwaghavul or any tribe’ against each other in the name of politics. It is time to break the monopoly of hate mongers. Warning: if you choose to be a peace builder, there is a price to pay: you may be accused of being politically correct or sitting on the fence. Refuse to be blackmailed by the merchants of strife. Above all, people are free to demand justice if they feel aggrieved. People can support any candidate they like. But nobody has a right to provoke or attack others because of their choices. We must put our primordial emotions in check for the greater good’.
In the bid to curb crimes and criminalities within Qua’an-Pan Local Government Area of Plateau State, the LGC Administration in the area has constructed and handed over a new Divisional Police Office to the Nigerian Police on Wednesday April 12, 2023.
Speaking during the handing over and commissioning of the office in Namu town, the Executive Chairman of Qua’an-Pan Local Government Council, Hon. Ernest Abner Da’a described the event as a fulfilment of his administration’s
assurance to the people of partnering with the various security agencies and outfits within and outside the LGA, towards maximization of their services to secure them.
“You recalled that on assumption of office and in the face of the many security challenges bedeviled the area as that period, we assured you of impactful partnership with the various security agencies and outfits within and outside of the LGA, towards the maximization of the services of the Army, Police and other recognized outfits, like The Vigilante, Community Police, Neighborhood Watch, among others, to curtail the menace.
Today, I am happy to inform you that this partnership have reduced drastically the level of crimes, criminalities and criminal activities in the Local Government.” Hon Da’a said.
The Chairman added that the securing and establishment of an additional Divisional Police Office in the LGA, with the full status of the office, located in Namu is a further demonstration of practical steps towards curbing security challenges by his Administration .
“I am happy to inform you that my Administration has completed the building of the fully fortified office structure, which we are Commissioning and handing it over to the Nigerian Police Force for operational services from today April 12, 2023,’ Hon Da’a said to the applause of the appreciative people.
The Chairman expressed appreciation to the Nigeria Police for their understanding and cooperation towards the establishment of the 2nd Divisional Police Office in the Local Government, and reassured them of the full cooperation of the people of Qua’an-Pan, expressing the hope that the station will boost the Administration’s efforts towards minimizing security breaches within the Local Government Area and its environs to the barest minimum.
” We thank also the Army and other security apparatus for their continued support to the Administration. Together, we assure you Qua’an-Pan Local Government Area will continue to enjoy more peaceful coexistence under peaceful atmosphere,” the Chairman said, while commending members of the Executive, Legislative and Traditional Councils and the people of the Local Government Area for their maximum support towards ensuring that the LGA is taken to the highest level.
While commending the people of Namu for their synergy and cooperation towards the success of the project, Hon. Da’a urged them to see the new facility as their own, and to always protect it and cooperate with the officers.
Speaking at the Commissioning, the Inspector General of Police, IGP Usman Alkali Baba, CFR, represented by the Plateau State Commissioner of Police, Plateau State Command, CP Bartholomew Onyeka called on the good people of Namu, to see themselves as partners in progress by creating conducive environment for cordial working relationship and partnership with the Police.
In his goodwill message delivered by the Long Pan and President Qua’an-Pan Traditional Council, Nda Emmanuel Dabang, Represented by the Long Kwo of Kwo Chiefdom, HRH Miskoom Fidelis Longtoe Attahiru II, pledged the cooperation of the Traditional Council towards sustainable peace within the LGA.
Other traditional rulers at the occasion included the Long Gamai, represented by the Long Dorok; The Ponzhi Zini and Acting President Langtang North and South Joint Traditional Council; the District Heads of Doemak, Kwa and Kwang.
In his vote of thanks, HRH, the Long Jan, Miskoom Safiyanu Allah-Nana Ill, appreciated the council for coming to the aid of his people, adding that the Police station is unique among other stations in the country, and assured that the police officers posted to the station would be accorded conducive working environment by the community.
Highlights of the event was the Commissioning and unveiling of the office and other facilities meant to aide the operations of the personnel.
Nigerian Democracy has substantially drifted under the All Progressives Congress, APC, Federal Government led by President Muhammadu Buhari. I say so because we are faced with major infraction and/or deliberate act of impunity that is inconsistent with the provisions of Section 3(3) of the 1999 Constitution of the Federal Republic of Nigeria,1999, as amended, which singled out the Federal Capital Territory, FCT Abuja, as the seat of federal government, a mini Nigeria and Centre of Unity with specific attributes, characteristics and geographical specialty.
The constitution clearly stipulates that FCT should be treated as if it were a state but not as a state because of the special status which it enjoys as the centre of Unity, making it the ethnic and religious hub that explains the totality of our unity in diversity.
The difference between any other state in Nigeria and the FCT is visibly in their features. Whereas the 36 states of the federation are governed by an elected Executive Governor, the FCT does not have a governor, it’s under the control of any incumbent President. There exist House of Assembly in each state of the federation except FCT. The National Assembly make Laws for the FCT, a departure from what entails in the States.
In the light of the above, names of all states in Nigeria are listed in Section 3(1):
There shall be 36 states in Nigeria, that is to say, Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and Zamfara.
This section which identified states in Nigeria did not mention the FCT Abuja. The reason is obvious, FCT is not a state but must be accorded the recognition as if it were a State. Taken further, Section 297 and 298 of the constitution explained the status of FCT. SEE s.297 & 298 of CFRN 1999, as amended. While the ownership of land is vested in the governor of States, that of the FCT Abuja is vested in the President of Nigeria. That’s why it is mandatory for a presidential candidate to Garner 25% of votes cast in 24 states plus 25% in FCT to be declared President-Elect. This is made sacrosanct by the constitution and INEC or it’s Chairman must never ignore this all important requirement.
It’s on record that APC and Tinubu polled 16% of votes in FCT, PDP and Atiku had 19% while LP and Obi polled 61% of the total votes cast in the FCT. It’s glaring that Tinubu’s 16% is not the requirement stipulated in the constitution. What is required is 25% of votes in FCT plus 24 other states, period!
What Prof Yakubu and INEC did was to assume that the FCT is part of the 36 states, therefore 25% votes in FCT is no longer necessary so long APC and Tinubu won in 24 states. No, that’s not what the constitution stipulated. Tinubu MUST Garner the required 25% votes in FCT and in 24 other states of the federation to emerge as President-Elect. This is the legal lacuna which the Supreme Court resolved in precious decisions, saying that the word AND is conjunctive, holding the 24 states and FCT together to make 25.
I read Prof Mike Ozekome’s lengthy but well researched legal article and opinion on the subject matter and I concur with his brilliant and spotless submissions. I strongly recommend that you read the article trending on social media.
Note the status of the FCT as a mini Nigeria and centre of Unity with no Governor, no House of Assembly and does not conduct governorship and House of Assembly elections. Power is vested in the President while the FCT minister is the administrative head, acting as proxy for Mr President. These are distinct features that INEC Chairman may not have averted his mind to. This is also the reason why FCT was not listed as one of the states of the federation in section 3(1) of the CFRN, 1999, as amended, rather FCT status and characteristics were explained in Section 297 and 298 of the constitution. It’s very clear and the literal rule of interpretation is required and not the mischief rule
The legislative powers of the FCT is vested in the National Assembly, it make Laws for the FCT. Therefore, for a candidate to be declared President-Elect, he or she must score 25% of votes cast in 24 states and FCT, the major hub of ethnicity, religion and culture of the geographical entity called NIGERIA.
FCT is not a state but should be treated and accorded recognition as if it were a State. Therefore, Bola Ahmed Tinubu cannot be President of Nigeria until he’s able to poll the 25% of total votes cast in FCT in addition to 24 other states in Nigeria.
I wish to humbly reproduce Prof Mike Ozekome’s article below for your reading pleasure and for the benefit of Law Students at the Nigerian Law School and those studying first degree in Law at various approved and duly recognized Universities.
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THE 25% OF FCT, ABUJA AS A LEGAL CONUNDRUM
By Prof. Mike Ozekhome, SAN, CON, OFR,
FCIArb, LL.M, Ph.D, LL.D, D. Litt.
INTRODUCTION
Election is a process that must be carried out within the bounds of the laws of the land. In Nigeria, elections are held every four years. Extant laws are made to ensure that it is only the candidate that has the overwhelming support and acceptance of majority of Nigerians that becomes the President. That is what democracy is all about. Democracy as a concept, was popularised on 19th November, 1863, by Abraham Lincoln, a former American President, during his Gettysburg Declaration, as government of the people, by the people and for the people. Sundry legal issues have arisen from the conduct of the 2023 general elections which held on Saturday, 25th February, 2023. Did the election reflect the mantra of section 14(2) of the 1999 Constitution to the effect that “sovereignty belongs to the people of Nigeria?” I think not. My humble opinion is that the 2023 Presidential elections dwarfs and diminishes the 2007 Presidential Elections (which the then President, Umaru Musa Yar’Adua, had admitted) in all indices of a fundamentally flawed election.
THE 2023 PRESIDENTIAL ELECTIONS
The 2023 Presidential elections witnessed massive turnout as Nigerians were interested in voluntarily electing leaders of their choice. The polls were however bedevilled by large-scale irregularities, bare-faced manipulations and brazen non-compliance with extant laws governing the electoral process in Nigeria. INEC even shut down its portal for over 24 hours due to what it called technical hitches and glitches. The main issue that is currently trending is whether or not, Asiwaju Bola Ahmed Tinubu (“Tinubu”), the Presidential candidate of the All Progressive Congress (APC) did not meet the constitutional requirement of polling at least not less than one quarter (1/4) of votes cast in the elections in at least two third (2/3) majority of all the States of the Federation and the Federal Capital Territory (FCT); and whether he should have been declared the winner of the Presidential elections as done by the Independent National Electoral Commission (INEC). This legal conundrum has suffered several commentaries from Jurists, Scholars, political analysts; and even the not so informed. This rather lengthy dissertation is my humble contribution as a Nigerian to the current debate. It is interesting to note that amidst this legal uncertainty, Asiwaju Bola Ahmed Tinubu, the APC candidate, was nonetheless declared “winner” and even presented with the “Certificate of Return” as “President-elect” of the Federal Republic of Nigeria. This was done by INEC on Wednesday, 1st of March, 2023. The collation, declaration and issuance of certificate of return, I humbly submit, all run counter to the provisions of sections 25, 47(2), 60(1), (2), (4) and (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act; paragraph 38 of the INEC Guidelines and Regulations; paragraphs 2.8.4; 2.9.0; and 2.9.1; of the INEC Manual For Election Officials, 2023; and judicial authorities.
Results from the manually transmitted results as collated and declared by INEC on the 1st day of March, 2023, showed that Tinubu, the candidate of the APC, on the face of it, was said to have secured the highest number of votes cast at the presidential election. He is said to have garnered a total of 8,794,726, to allegedly defeat his closest rivals, Waziri Atiku Abubakar of the Peoples Democratic Party (PDP), who was said to have got a total of 6,984,520; with Mr. Peter Obi of the Labour Party (LP), being ascribed with 6,101,533 votes.
However, in the Federal Capital Territory, Abuja, where we have total valid votes of 478,923, Tinubu, the candidate of the APC, was said to have secured only 90,902 (19.76%) of the votes cast at the FCT; with Atiku alleged to have 74,194 (16.13%); and Peter Obi said to have 281,717 (61.23%). Did Tinubu win? Let us discuss.
ELECTING A PRESIDENT WHERE THERE ARE TWO OR MORE PRESIDENTIAL CANDIDATES
The Constitution is the birth certificate of any Nation. It is the organic law, the fons et origo and the grundnorm. See ROSSEK V. ACB LTD (1993) 8NWLR (PT 312) 382; DAPIALONG V. DARIYE (2007) 8 NWLR (PT 1036) 332.
For purposes of clarity and better appreciation of issues, section 134(2) of the 1999 Constitution provides as follows:
“A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being more than two candidates for the election-
(a) He has the highest number of votes cast at the election; and
(b) He has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.” (Emphasis added)
The above provisions have been interpreted differently by several lawyers and non-legal minds. Some opine that it is not mandatory that a candidate must secure 25% votes in the Federal Capital Territory. Others disagree. I am of the latter school of thought.
A skeletal digest of the section reveals that the law provides for two limbs of requirements that are conjunctive and not disjunctive; that is, (a) the candidate must have the majority of votes cast at the election; and (b) he must have not less than one-quarter of the votes cast at the election in each of at least two-thirds of all States of the Federation AND the Federal Capital Territory, Abuja.
Furthermore, there are two instances contemplated in the provision dealing with where there are only 2 candidates; and where there are more than 2 candidates. In both situations, any of the candidates must satisfy both conditions of 25% in 24 States; and 25% in the FCT, Abuja. One without the other cannot work.
Please, note that sub section (3) provides that where the candidates still fail to satisfy the requirements, there shall be a second election in accordance with sub section (4); and the candidates shall be the highest vote scorer, followed by the next highest vote scorer; and this elections shall be held within 7 days of the results of the forgoing elections subject to fulfilment of the above usual conditions. Accordingly, by sub section (5), where a candidate is not still elected, then within another 7 days, the National Electoral Commission (INEC) shall conduct another election; and this time, if a candidate simply has a majority of the votes cast, he shall be declared winner. In other words, this time around, the second limb of satisfying the 2/3 of States of the Federation and FCT, no longer arises.
THE 25% CONSTITUTIONAL REQUIREMENT AND LEGAL AND GOVERNANCE ISSUES ARISING THEREFROM
The gravamen of this discourse is the mathematical exactitude of the requirement of 25%. The wordings of the Constitution are quite clear and unambiguous. They demand for not less than one-quarter of the votes cast at the elections in each of at least 2/3 of all the States; AND the Federal Capital Territory. By a judicial mathematical analysis, 2/3 of 36 States is equal to 24 States, and in addition, the FCT, Abuja. As an example, if I request to see 24 Corpers in my law firm AND OKON, it means I want to see 25 persons in all; but Okon must be one of the 25 persons. So if 25 persons in my law firm show up, without Okon, have I had all the persons I want to see? The answer is NO. To satisfy my request, Okon must show up in addition to the 24, thus making the 25 persons I desire to see.
What the law states is that the candidate must have 25% of votes in those States; and the FCT, Abuja. The law does not contemplate that the candidate must win those States. The jurisprudence behind this provision is to ensure that the President as the Numero Uno citizen of the Nation, enjoys a reasonable range of widespread acceptance by majority of the people he seeks to govern, including those inhabiting the seat of power where he would govern from.
To know whether a candidate must win 25% of 24 States aside the FCT, Abuja, to be declared as winner, we must consider the provisions of section 134 against the background of a community reading of sections 2(2), 3(1) & (4), 48, 297, 298, 299, 301, and 302 of the 1999 Constitution.
We shall now replicate this sections verbatim ad literatim before dabbling into the legal gymnastics of interpretation in the light of decided judicial authorities and scholarly ingenuity.
Section 2(2) CFRN:
“Nigeria shall be a Federation consisting of States and a Federal Capital Territory.”
The section did not just say “states”. It added “And the Federal Capital Territory”.
Section 3(1) & (4) CFRN:
“(1)There shall be 36 states in Nigeria, that is to say, Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and Zamfara.”
The FCT, Abuja was not mentioned here. However, in section 3 (4) The Federal Capital Territory, Abuja, is as defined in Part II of the First Scheduled to this Constitution.” It was thus treated separately.
Section 48 CFRN:
“The Senate shall consist of three Senators from each State and one from the Federal Capital Territory, Abuja.”
Here, the FCT, Abuja was recognised as different from other states.
Section 297 CFRN:
“(1)There shall be a Federal Capital Territory, Abuja the boundaries of which are as defined in Part II of the First Schedule to this Constitution.
(2)The ownership of all lands comprised in the Federal Capital Territory, Abuja shall vest in the Government of the Federal Republic of Nigeria”.
The above provisions clearly identified the FCT, Abuja, and its lands as distinct and different from states.
Section 298 CFRN:
“The Federal Capital Territory, Abuja shall be the Capital of the Federation and seat of the Government of the Federation.”
This section gives the FCT, Abuja, a special status as “the Capital of the Federation and the seat of the Government of the Federation”. No other state was accorded this special status.
Section 299 CFRN provides that:
“The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly-
(a) all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall, respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the foregoing provisions are courts established for the Federal Capital Territory, Abuja;
(b) all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and
(c) the provisions of this Constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations as may be reasonably necessary to bring them into conformity with the provisions of this section.”
Section 301 CFRN:
“Without prejudice to the generality of the provisions of section 299 of this Constitution, in its application to the Federal Capital Territory, Abuja, this Constitution shall be construed as if-
(a) references to the Governor, Deputy Governor and the executive council of a State (howsoever called) were references to the President, Vice- President and the executive council of the Federation (howsoever called) respectively;
(b) references to the Chief Judge and Judges of the High Court of a State were references to the Chief Judge and Judges of the High Court, which is established for the Federal Capital Territory, Abuja by the provisions of this Constitution; and
(c) references to persons, offices and authorities of a State were references to the persons, offices and authorities of the Federation with like status, designations and powers, respectively; and in particular, as if references to the Attorney-General, Commissioners and the Auditor-General for a State were references to the Attorney-General, Ministers and the Auditor-General of the Federation with like status, designations and powers.”
Both sections 297 and 301 clearly donates all the attributes and powers of a state (Legislative, Judicial, Executive Offices, designations and powers) to the FCT as a separate legal entity.
Section 302 CFRN provides that:
“The President may, in exercise of the powers conferred upon him by section 147 of this Constitution, appoint for the Federal Capital Territory, Abuja a Minister who shall exercise such powers and perform such functions as may be delegated to him by the President, from time to time.”
The above provisions were pronounced upon and upheld in BAKARI V. OGUNDIPE (2020) LPELR – 4957 (SC), (PER BODE RHODES-VIVOR, JSC, rtd).
Thus, the FCT, Abuja, like any state in the Federation, has its own courts, distinct Chief Judge, a Senator; executive powers exercised by the President for it, similar to Governors of states, legislative powers vested on the NASS, instead of states with Houses of Assembly; with a Minister as its administrative Head rather than a Governor. It is distinct from states.
This Constitution imbroglio becomes easy to untie when we recall some precedents.
In AWOLOWO V. SHAGARI & 2 ORS (1979) FNLR Vol. 2, the apex Court considered Section 34A(1)(c)(ii) of the Electoral Decree which is impari material, except that it did not add “And the FCT, Abuja.” It held:
“A candidate for an election to the office of President shall be deemed to have been duly elected to such office where-
(c) There being more than two candidates
i.He has the highest number of votes cast at the election; and
ii.He has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation.”
The difference between this Decree and Section 134 of the Constitution being considered is the addition of “and the Federal Capital Territory, Abuja’’ under our extant 1999 Constitution.
In AWOLOWO’S CASE, Fatayi-Williams, CJN, held that Section 34(1)(c)(ii) of the Decree was a clumsily worded section which was nevertheless devoid of any semantic ambiguity. In that same case, Obaseki, J.S.C., construed the meanings of the word “each” and the words “States in the Federation”. He held that the word “each” in subsection (1)(C)(ii) of section 34A qualified “a whole State”; and that the words “States in the Federation referred to the land area and not votes. For the avoidance of doubt, we shall reproduce the exact words of the learned Justice; thus:
“The word ‘each’ in the subsection (1) (c)(ii) of Section 34A qualifies a whole State and not a fraction of a State and to interpret otherwise is to overlook the disharmony between the word ‘each’ and the fraction ‘two-thirds’. …Looking at the subsection still further, the words ‘States in the Federation’ can only refer to the land area and not the votes. Arising from the interpretation that 2/3 of all the States in the Federation refers to the land area and not the votes, the result of the voting in Kano State can only mean what is stated in Exhibit ‘T’ and ‘T2’ and nothing else. …”
By way of extrapolation, the “land area” of the FCT must be distinguished from the land area of each of the 24 States of the Federation.
THE DEFINITION OF THE FEDERAL CAPITAL TERRITORY, ABUJA
The Federal Capital Territory is defined in Part II of the First Schedule to the Constitution. The definition is in relation to Sections 3 (Chapter I) and 297 (Chapter VIII) of the Constitution. Section 299 of the 1999 Constitution which is in Chapter VIII, flows directly from the provisions of Section 297 of the Constitution. Section 299 of the Constitution states that “the provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation.” Part 11 of the Constitution also defines the FCT as a land area of its own, separate and distract from the land mass of any other State.
Consequently, the 1999 Constitution has introduced a new dimension different from the 1979 Constitution, by adding a further requirement of 25% in “and the Federal Capital Territory, Abuja.”
In BABA-PANYA V. PRESIDENT, FRN (2018) 15 NWLR (Pt 1643), 423), it was held that the FCT is to be treated like a State and that it is not superior or inferior to any State in the Federation. The facts of this case are that the Appellant had filed a suit at the Federal High Court, Abuja, asking the court to determine whether by the combined provisions of Section 147(1), (3),(14) and 299 of the 1999 Constitution, the indigenes of the FCT, Abuja, are entitled to Ministerial appointment and whether the continued refusal or failure by previous and current Presidents to so appoint an indigene of FCT, Abuja, as Minister of the Federation was tantamount to a flagrant violation of the Constitution. The court held that:
“By the combined effect of the provisions of Sections 299, 147(1) and (3) and 14(3) of the Constitution of the Federal Republic of Nigeria, 1999, it is obligatory or mandatory for the president of Nigeria to appoint at least one Minister from the indigenes of FCT, Abuja as a Minister to represent them in the Federal Executive Cabinet of the Federation. Failure to appoint any Minister from amongst the indigenes of FCT, Abuja, is a fragrant violation of the Constitution. The provisions are aimed at ensuring equal and fair participation of all States in the recognition of the diversity of the people of this country and the need to forge national unity, promote a sense of belonging among all the peoples in the Federation. …”
The gravamen of this judgment is simply that whatever is applicable to States in the Federation shall equally be applied to the FCT. If the Constitution therefore requires votes cast in at least two-thirds States in the Federation “and the FCT, Abuja,” it is compulsory that every candidate must meet that requirement of “and the FCT, Abuja,” before he is declared the winner. Tinubu did not. It was therefore unconstitutional and illegal for him to have been declared President-elect and presented with a Certificate of Return by INEC.
THE STATUS OF THE FCT IN THE CONSTITUTION
Flowing from the above, let us now examine section 299 of the 1999 Constitution.
In BAKARI V. OGUNDIPE (2021) 5 NWLR (Pt. 1768) 1, the apex court of the land held:
“By virtue of section 299(a), (b), of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the provisions of the Constitution shall apply to the Federal Capital Territory, Abuja, as if it were one of the States of the Federation; and accordingly all the Legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the provisions are courts established for the Federal Capital Territory, Abuja; all the powers referred to in paragraph of the section shall be exercised in accordance with the provisions of the Constitution; and the provisions of the Constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations as may be reasonably necessary to bring them into conformity with the provisions of the section. By virtue of the provisions of section 299 of the Constitution, it is so clear that Abuja, the Federal Capital of Nigeria, has the status of a State. It is as if it is one of the States of the Federation.” (Pp. 36-37, paras. E-A). See also, with approval, the following authorities; NEPA vs. ENDEGERO (2002) LPELR-1957(SC). BABA-PANYA vs. PRESIDENT, FRN (2018) 15 NWLR (pt. 1643)395; (2018) LPELR-44573(CA), IBORI V. OGBORU (2005) 6 NWLR (Pt. 920) 102.
There is no ruckus or brouhaha with the clear position of the courts as stated above. This is because the Constitution is clear on the separate and distinct status of the FCT. It is treated as any other State in Nigeria.
Consequently, a community reading of sections 2(2), 3(1)(4), 297, 299, 301 and 302, shows that the contemplation of the draftsman was indeed to consider FCT as separate and distinct from any other State in the Federation. It must be borne in mind that, “Judex est lex loquens”, (i.e, the Judge is the speaking law”). In other words, the law is what the courts say it is, and “nothing more pretentious” – Oliver Wendell Holmes Jr. We must note that, the primary responsibility of the Judiciary is “jus decere”; and not “jus devere” (to interpret laws and not to make laws). We are constrained, at this juncture, not to dabble into some jurisprudential schools of thoughts.
CANONS OF INTERPRETATION VIS-A-VIS THE 25% CONUNDRUM
Let us now examine some canons of interpretation as they pertain to this analysis.
The primary canon of interpretation of the Constitution is the “literal rule” as held by the apex court in A.G, ABIA STATE V. A.G FEDERATION (2022) 16 NWLR (PT. 1856) 205. SEE ALSO N.P.A PLC V. LOTUS PLASTIC LTD. (2005) 19 NWLR (PT. 959)158; GANA V. S.D.P (2019) 11 NWLR (PT. 1684) 510; A.G, LAGOS STATE V. A.G, ABIA STATE V. A-G FED. (2018) 17 NWLR (PT. 1648) 299 AT 412; MARWA & ORS V. NYAKO & ORS (2012) LPELR-7837(SC).
Accordingly, where words are clear and unambiguous, the court must so interpret them without any further ado; or going outside them. In KASSIM V. SADIKU (2021) 18 NWLR (pt. 1807) 123, the Supreme Court held that:
“where a statute of the Constitution or a subsidiary legislation,…prescribes a procedure for seeking remedy or the doing if anything or act, and the language used is clear and unambiguous, that is the only procedure open to the parties concerned, and any departure therefrom will be an exercise in futility. See also INAKOJU V. ADELEKE (2007) 4 NWLR (PT. 1025) 427; S.B.N LTD V. AJILO (1989) 1 NWLR (pt. 97) 305.
A court is not to go on a voyage of discovery when words are clear in Statute. See ARAKA V. EGBUE (2003) 17 NWLR (PT. 848)1; ABACHA V. FRN (2014) 6 NWLR (PT. 1402) 43; KRAUS THOMPSON ORGANIZATION V. N.I.P.S.S (2004) 17 NWLR (pt. 901) 44.
It is thus trite law that where a provision of a statute is clear and unambiguous, only its natural meaning, and not any other, is to be given to its interpretation. See A-G., ABIA STATE V. A-G., FEDERATION (2002) 17 WRN 1; (2002) 6 NWLR (PT. 763) 264 AT 485 – 486, TEXACO PANAMA INC. V. SHELL P.D.C.N. LTD. (2002) 14 WRN 121; (2002) 5 NWLR (PT. 759) 209 AT 227 – 228, TASHA V. U.B.N. PLC. (2003) 36 WRN 64; (2002) 3 NWLR (PT. 753) PAGE 99 AT 106, O.A.U. ILE-IFE V. R. A. OLIYIDE AND SONS LTD. (2001) 7 NWLR (PT. 712) PAGE 456 AT 473, AKPAN V. UMALI (2002) 23 WRN 52; (2002) 7 NWLR (Pt.767).
It is only where the literal interpretation of a section is impossible without doing violence to the law that the court should start engaging other rules of interpretation. There is none here.
Happily, the word “AND” and “EACH” have enjoyed judicial pronouncements with great erudition. In BUHARI V. INEC (2008) 19 NWLR (PT.1120) 246, the Supreme Court held, per Tobi JSC,:
“The final word I should examine briefly is the conjunction “and” joining the larger part of the Subsection with the smaller part of “that the non-compliance did not affect substantially the result of the election.” The word “and”, being a conjunction, performing the function of joining two expressions or sentences which could be inseparable, integrated, joint or matched…” See Ndoma-Egba v. Chukwuogor (2004) 2 S.C. (Pt. I) 107; (2004) 6 NWLR (Pt. 869) 382.”
On the word, “EACH”, on the other hand, the Supreme Court in EYISI & ORS v. STATE (2000) LPELR-1186(SC), held:
“each” means being one of two or more distinct individuals; each one. See Black’s Law Dictionary (sixth Edition) where “each” is defined as “a distributive adjective pronoun, which denotes or refers to every one of the persons or things mentioned; every one or two or more persons or things, composing the whole, separately considered”. Per SYLVESTER UMARU ONU, JSC (Pp 15 – 15).
The “Mischief Rule” is only employed where the old law did not provide for a matter and an interpretation is to cure or remedy that mischief. See UGWU V. ARARUME (2007) 12 NWLR (PT. 1048) 365; WILSON V. A.G. BENDEL STATE (1985) 1 NWLR (PT. 4) 572; GLOBAL EXCELLENCE COMMUNICATIONS LTD. V. DUKE (2007) 16 NWLR (PT. 1059) 22, 47-48; AGBAJE V. FASHOLA (SUPRA) @ 1338 C-E; A.G. LAGOS STATE V. A.G. FEDERATION (2003) 12 NWLR (Pt. 833) 1.
The argument of those who have misconstrued section 134(2)(b) of the Constitution is to the effect that the use of the word “ALL” in the first limb of the said provision treats the Federal Capital Territory, Abuja, as one of the component states of the Federation. The proponents of the view erroneously believe that since the FCT is treated as a State of the Federation, it means there is no additional requirement to meet the 25% constitutional requirement therein. They surprisingly find solace in several decisions of the apex court where the FCT was treated and referred to as a State of the Federation, including OKOYODE V. FCDA (2005) LPELR-41123(CA) (PP. 7-13 PARAS. A-A). With due respect, these cases actually firm up the FCT, Abuja, as a separate state that must be accorded every respect and status accorded the other 36 states.
Thus, section 134(2)(b) of the Constitution after generally stating all the States of the Federation where the 25% requirement is a sine qua non for a presidential candidate to be deemed duly elected, rather than exclude the FCT, Abuja, as one of the States of the Federation where the 25% is a requirement for a presidential candidate, went further to specifically use the word “and”, to include the FCT as one of the States of the Federation where the 25% constitutional requirement is a sine qua non. It is settled law that the use of the word “and” is conjunctive in interpretation of Statutes. The implication is that after meeting the 25% requirements in 2/3 of the States of the Federation, the candidate must go further to meet the said 25% requirement in the FCT, Abuja, before he can be deemed duly elected.
GENERAL AND SPECIFIC PROVISIONS OF A STATUTE
Assuming, but not conceding, that the use of the word “ALL” encompasses the FCT, Abuja, as one of the component States of the Federation, it becomes an issue of whether a general provision of a statute can override a specific provision in the statute. The specific mention of the FCT, Abuja, overrides the general mention of all the other States of the Federation in the said provision. SEKANDE & ORS V. ARUBIELU & ORS (2013) LPELR-22801(CA) (PP. 22 PARAS. E), it was held thus:
“The law is that where specific provisions of a statute are subsequent to general provisions, the specific provisions will prevail. See AKPAN VS. STATE (1986) 3 NWLR part 27 p.225.” Per DANIEL-KALIO, J.C.A.
In BUHARI V. OBASANJO (2003) All N.L.R. 168, the apex Court, without, directly deciding on the issue of “And” used in section 134, held thus:
“This provision appears clear to me. Where a candidate wins the highest number of votes cast in at least two thirds of the 36 States in the Federation and the Federal Capital Territory, Abuja, he is deemed to be elected …, I do not appreciate any ambiguity in the provision and even if there was one, this Court is bound to adopt a construction which is just, reasonable and sensible. (See Maxwell on the Interpretation of Statutes, 12th Edition, Chapter 10).”
Thus, their Lordships merely made general statement on the section which has been an enigma. They recognised that a candidate must score 25% votes in 24 states in Nigeria; “and the FCT, Abuja”.
It is to be noted that the 36 states can be collectively called “states” without mentioning their individual names, just like section 134 did. This is because in all respects, they share the same characteristics of being states. However, the FCT, Abuja, differs in character, form and content, from the 36 states. That is why it is specifically mentioned by name.
CONCLUSION
Section 299 of the CFRN states that the provisions of this Constitution shall apply to the FCT, Abuja, “AS IF IT WERE ONE OF THE STATES OF THE FEDERATION”. The careful and indeed, unambiguous, wording of this section suggests that the FCT is NOT a State, but should rather be treated as if it were one. Thus, in seeking 25% in 2/3 of ALL THE STATES of the Federation AND the FCT, the Constitution clearly distinguished the FCT as a separate entity or a special territory, wherein the Presidential candidate need obtain at least 25% of the total votes cast in the election.
The reason for this is not far-fetched, as Abuja is the melting pot which unites all ethnic groups, tribes, religions, backgrounds, and other distinct qualities and characteristics in our plural society. It is indeed a conglomerate of the different and distinct peoples in Nigeria, which according to Prof Onigu Otite, has about 474 ethnic groups; that speak over 350 languages. Abuja is regarded as the “Centre of Unity”, which is testament to its inclusiveness of all tribes, religions, backgrounds and ethnicity. Simply put, Abuja is a territory or land mass made up of individuals from every State and virtually from all Local Government Areas in the country. It is itself made up of 6 Area Councils distinct from the 768 LGCs in Nigeria, thus bringing the total to 774 LGCs in Nigeria. Therefore, scoring 25% of votes cast in the FCT is a Presidential candidate’s testament to being widely accepted by majority of the Nigerian people.
The framers of the Constitution certainly desired for Nigeria, a President that is widely accepted with a national spread and not one that has only the support of his tribe or region. Hence they provided in the Constitution the sections relating to the election of the President because of our peculiarities as a multi-diverse, multi-facetted nation. The provisions contained in Section 134 of the Constitution are meant to reflect this. In the same light, the framers of the Constitution viewed the FCT as a melting pot, a sort of mini-Nigeria. Thus, like a commentator posited, the position or status of the FCT assumes that of a COMPULSORY question that a presidential candidate must answer in the electoral examination.
Whilst it is true that a literal reading of section 299 of the Constitution of the Federal Republic shows that the Federal Capital Territory is not a State, but from the words, “as if it were one”, contained in the provision, section 229 actually indeed grants the FCT benefits accruing to states in Nigeria and ensures its treatment as such with respect to legislative, judicial and executive powers. Section 299 does not for the purpose of section 134 confer on the FCT the status of a subordinate of a State. The provision – like most in the Constitution – displays the Federal Capital Territory as distinct from any other state; and as such requires a Presidential candidate to not only attain 25% (a quarter) of the votes in two-third of the 36 states in Nigeria but also attain 25% (a quarter) of the votes in the FCT in order to be duly elected as such.
To me, the only logical conclusion is that sections 134 and 299 are not mutually exclusive or contradictory. Rather, section 299 actually supports and complements section 134. To show this distinctiveness, FCT has never conducted any elections, either for Gubernatorial candidates, or for State Houses of Assembly Members as done by States. Rather, in accordance with section 301 of the Constitution, the FCT is governed by the President with an appointed Minister as his proxy in the form of Minister of the FCT. Likewise, the FCT does not have its own State House of Assembly, but rather legislates through the National Assembly. This therefore speaks to its distinct status, which is not affected by section 299.
Whether Abuja is regarded as a full State, pseudo-State, quasi-State, or semi-State, is immaterial. Even if it is none of these, what matters is the intention of the Constitution-makers. If, in their wisdom, they decided to reckon with the votes cast in even a single LGA in Nigeria, along with votes cast in the 36 States recognized under the 1999 Constitution, for the purpose of deciding the winner of a Presidential election, then the 6 Area Councils in the FCT cannot be treated lesser or ignored..
Once that intention can be deduced from the plain, simple and ordinary grammatical meaning of the WORDS USED then, as in the present scenario, then they have to be followed. See EZE v. UNIJOS (2021) 2 NWLR Pt. 1760 pg. 208 SC; KASSIM v. ADESEMOWO (2021) 18 NWLR Pt. 1807 pg. 67 SC; N.U.P v. INEC (2021) 17 NWLR Pt. 1805 pg. 305 SC; A.P.C v. E. S. I. E (2021) 16 NWLR Pt 180 pg. 1 SC and AGUMA v. A. P. C (2021) 14 NWLR Pt. 1796 pg. 351, S.C.
There can be no room to resort to other aids of interpretation which only become necessary and resorted to in the event of ambiguity in the words used in the Statutes. I respectfully submit that none exists in the provisions of section 134(2)(b). Asiwaju Bola Ahmed Tinubu having not met the 25% votes threshold in the FCT, Abuja, was definitely not qualified to have been declared President-elect by INEC.
Thus, INEC ought not to have declared Tinubu as the winner of the 2023 Presidential election. Doing so Nicodemously, especially as it did in the wee hours of the morning of 1st March, 2023, when innocent Nigerians were fast asleep, puts a bigger question mark on the integrity and credibility of the said declaration. Presenting Tinubu with a Certificate of Return, was, I humbly submit, odious and putrid. Tinubu therefore carries with him and on his neck, a very heavy moral burden in the form of an albatross.
Governing a country of 219.7 million people (as at 3rd March, 2023), goes well beyond mere legal calisthenics. It borders more on the process’ credibility, acceptability, legitimacy and the high moral grounds of the candidate. The current eerie, and mournful mood in Nigeria, without any form of celebration or jubilation, represents nothing but peace of the graveyard. It is ominous and foreboding. It requires no violent street protests, demonstrations, barricades, rallies, pamphleteering or leafleteering. It is a loud silence. I so humbly submit.
The Elections Tribunal sitting in Jos plateau state has granted Ex-Parte Motion seeking for Substitution of petition service against the Hon.Beni Lar the 1st Respondent.
The motion Ex-Parte with file number Ept/PL/HR/11/2023 was filed by honorable Yakanan Samuel Yarnap and another as petitioners against Hon. Beni Lar Member Representing Langtang North/South Federal Constituency in the house of Representatives and 2 Ors was filed on the 7th April 2023 .
The Motion is seeking the court leave to grant the petitioner leave to effect service of the petition to the respondent using any other substituted means, which means either through Counsel to the respondents in the matter, residential houses, and other means by the petitioner including the sitting venue of the tribunal.
The petitioner Hon.Yakanan Samuel Yarnap and another of the Young Progressive Party(YPP) is challenging the election that declared the 1st respondent Hon.Beni Lar winner for the Federal House of Representatives Representing Langtang North/South on the ground that the 1st Respondent was not duly elected.
In his ruling, Justice Bello Mohammed granted all the substituted leaves sorted by the petitioner as its contained on the face of the petition .
The Court of Appeal sitting in Abuja,the Capital Territory has dismissed an Appeal by the Allied Peoples Movement, APM, seeking to disqualify Peter Obi, the presidential candidate of the Labour Party (LP) from Participating in the February 25th 2023 eneral election.
In the Appeal marked : CA/ABJ/CV/1414/2022, the Movement had approached the court, contending that the Independent National Electoral Commission, INEC, ought not to have recognized Peter Obi as a valid candidate for the presidential poll under the umbrella of Labour Party, LP.
APM stressed this was in consideration of the time Obi defected from the Peoples Democratic Party, PDP, to the LP.
The party argued that the period of Obi’s defection for the purpose of contesting the presidential election was in violation of sections 77(2) and (3) of the Electoral Act, 2022.
They also argued that before Obi’s defection, the LP already sent a list of its registered members to the INEC.
According to the appellant, Obi lacked the right to be recognized as the LP flag bearer because his name was not on the list of the party members that was submitted to INEC.
APM further urged the court to set aside the Federal High Court judgment which dismissed the suit it filed to challenge Obi’s candidacy.
In a unanimous decision by a Three-Member Panel of Justices, the Appellate Court ruled that the case grossly lack in merit and doesn’t hold Judicial water as against the background, the court up held that obi Remain the valid candidate under the LP.
It will be recall that the All Progressives Congress APC Candidate and President-elect, Bola Ahmed Tinubu presented to the Presidential Election Petition Tribunal in response against Peter Obi’s Petition.
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