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Scramble for Iwu’s job begins
Cover Stories Apr 14, 2010


*Igbani, Belgore, Umar on the cards, *INEC staff apprehensive

By Ben Agande
ABUJA—INTENSE lobbying by individuals who want to be chairman of the Independent National Electoral Commission, INEC, heightened, yesterday, as persons perceived to be close to the Acting President Goodluck Jonathan came under intense pressure from politicians.

This followed revelation by the Acting President at a forum in the United States of America, that the chairman of INEC, Professor Maurice Iwu, would not be reappointed when his tenure expires on June 13.

The Acting President had told an audience at the Council on Foreign Relations, in Washington DC, where he is on a visit at the invitation of President Barak Obama, that INEC had lost public confidence to conduct free and fair election, and it would be difficult for the government to allow the current leadership of the commission to go ahead with the conduct of next year’s elections.

Sources close to the Acting President, said his Principal Secretary, Mike Oghiadome, considered   one of his closest aides, has come under intense pressure from both politicians and those who want to succeed Professor Maurice Iwu.

A source told Vanguard: “Mike Oghiadome has been under pressure but with the definite pronouncement by the Acting President that Iwu would not be reappointed, the pressure has doubled. It is unbelievable the number of people angling to take over from Professor Maurice Iwu.”
Ishmael Igbani screened earlier

Vanguard gathered that but for the sickness of President Umaru Yar’Adua, it was almost concluded that a former INEC National Commissioner, Dr. Ishmael Igbani was billed to take over as Chairman of the Commission from Professor Maurice Iwu.

The sickness of President Yar’Adua, however, put a hold on that.

One source close to the goings on in the Presidency told Vanguard that the Acting President’s camp was broadly divided in two with one camp believing that a neutral person not tainted by government job should be appointed to head the commission while the other camp believed that somebody with knowledge of the conduct of elections should be appointed to head the commission in view of the short time left before the next election.

The source said: “Those pushing for Dr. Igbani believe that since he was a national commissioner and had no controversy surrounding his tenure, he was better positioned to be the INEC chairman.

“They argue that Igbani knew what was wrong and could correct them within the short period before the conduct of the elections. Most importantly, he was said to have undergone all security screening and was even introduced to the National Council of State before the president’s sickness stalled it.”

Alfa Belgore being considered

Vanguard also gathered that the former Chief Justice of Nigeria, Alfa Belgore was also being considered for appointment as the INEC chairman because of his credibility.

A former Minister who is close to the Acting President told Vanguard “What the commission needs now is the needed credibility to win the confidence of Nigerians. Some of us believe that if Belgore is available and willing to serve, he should be made the INEC chairman. I know that contact has been made with him but I don’t know whether he is ready to serve.”

Other names that have been associated with the INEC chairmanship position include the former president of the Nigerian Bar Association, Olisa Agbakoba, former governor of Kaduna State, Abubakar Umar, among others.

Meanwhile, there was palpable fear in the Commission, yesterday, following the revelation by the Acting President that some officials may lose their jobs in a planned overhaul.

When Vanguard visited INEC, staff were seen discussing the development in groups as to what fate awaited some of the senior directors  who were largely seen to be the real brains behind the abysmal performance of the commission in the conduct of elections.

A staff who spoke with Vanguard on condition of anonymity said: “Some people who are beneficiaries of Professor Maurice Iwu’s illegality are already panicking that they may lose their position. There is the case of some directors who ought to have been retired from service but have been retained by Professor Iwu because they do his biddings.”

http://www.vanguardngr.com/2010/04/14/scramble-for-iwus-job-begins/

We ‘re not divided over Jonathan – Senate
Cover Stories Apr 13, 2010

By Ben Agande

ABUJA—The Senate   yesterday denied media reports that members of the senate are polarized along the lines of Pro and Anti Goodluck Jonathan, saying that those propagating this are doing so to cause disaffection in the senate.

In a statement in Abuja yesterday, the Chairman of the Senate Committee on Media and Information, Senator Ayogu Eze said the senate under the leadership of Senator David Mark remained focused and would not be distracted by such sponsored reports.

Jonathan with other world leaders at the Nuclear Summit in the United States.

The statement reads: “the senate  has noticed attempts by faceless and cowardly spin-doctors to cause disaffection in its rank by promoting a phantom division among senators into groups loyal to the Acting President and those who are not.

“These same forces have ceaselessly continued to propagate phoney meetings in the media with a view to drawing attention to themselves and possibly hoodwinking Nigerians.

“The doctrine of necessity which empowered the Acting President to take on the full powers of that office was the creation of the entire Senate, and indeed the National Assembly.

“It is therefore curious that the media has persistently created the impression that this was the handiwork of a handful of individuals. No single individual or handful of individuals can appropriate the work of the Senate.

“The Senate, under the mature leadership of the Senate President, Senator David A. B. Mark, is solidly behind the Acting President and the new political dispensation which the Senate spearheaded along with other stakeholders.

“The doctrine of necessity is the brainchild of the Senate, clearly and unambiguously led by the Senate leadership, which indeed came up with the ingenuous explanation of substituted transmission of notice of leave, anchored on the tenets of that doctrine.

“It is interesting that the reportage of this development is usually led by reporters who are not accredited to cover either the Senate or the House of Representatives, showing that the reports are implants, deliberately distributed to mislead members of the public about how the Senate functions.

“I wish therefore to advise my colleagues in the media to be wary of reporting phantom meetings and conferences that exist only in the fertile imagination of those who push them into the press.

“I wish to equally urge Nigerians to ignore these planted stories of division in the Senate. In the Senate, we are focusing on refining the legal framework for enthroning a credible electoral process, which Nigerians are yearning for at the moment.

“This is why we passed the amendment of the constitution and the electoral act with much dispatch, out of a sense of duty to the Nigerian people, as well as our desire for the reforms we have grounded in the constitution and the electoral process to take effect before the next general elections in Nigeria in 2011.


http://www.vanguardngr.com/2010/04/13/we-re-not-divided-over-jonathan-senate/

 Oni, Fayemi await tribunals verdict soon
From BOLU-OLU ESHO, Ado-Ekiti
Wednesday, April 14, 2010
Oni
Photo: Sun News Publishing
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The legal war on the governorship re-run election in Ekiti State on April 25, 2009 and May 5, 2009 would soon come to an end as counsel all the parties involved gave their submissions and written addresses on Tuesday in Ado-Ekiti. The Action Congress (AC) and its governorship candidate, Dr. Kayode Fayemi, had filed a petition at the Elections Petition Tribunal, challenging the results of some wards, calling for the annulment of the results and his declaration as winner of the election.

The respondents to the petitions are Governor Segun Oni, the Peoples Democratic Party (PDP), Independent National Electoral Commission (INEC) and the Nigerian Police.
Adopting his address on behalf of the petitioner, Mallam Yusuf Ali (SAN) called on the five-member jury to nullify the election results in the six wards in contention and declare Fayemi (petitioner) winner of the election on account of alleged widespread violence and disenfranchisement that allegedly undermined the conduct of the election in the areas.

He submitted that the election in Ifaki Wards one and two, Orin/Ora Ward, Usi Ward in Ido/Osi Local Government Area and the two wards in Ipoti Ekiti in Ijero Local Council should be annulled, saying, there were no credible elections in the areas.
In his response, Chief Adenipekun, counsel to Governor Segun Oni, urged the tribunal to dismiss the petition for lack of merit, saying there was no basis in law on which the request of the petitioner could be granted.

He told the court that the submission and pleadings of the petitioner were inconsistent with his written address, noting that the petitioner claimed there were no elections in the wards under contention and later turned round to make a contrary claim that the elections that were conducted were not known to law.
“He was blowing hot and cold at the same time. How can you say there was no election in a place and later turn around that there was election, but did not substantially comply with the provision of the constitution. Tthe two statements are mutually exclusive and irreconcilable,” Adenipekun said.

Oni’s counsel went further to point out that despite the fact that the petitioner had all the electoral materials, including forms EC8A, BC and EC8D in his possession he still failed to bring them to court to prove his case, saying this display of indolence was not permitted in law, especially in electoral dispute of this nature where onus of proof is rested on the petitioner.

The Chairman of the tribunal, Justice Hamman Barka, while adjourning the sitting, commended the counsels for their cooperation during the hearing and told them that the date for the delivery of the verdict would be communicated to them.
He said that his experience during the hearing was like “passing through another university degree.”
No fewer than 139 witnesses were called by the respondents in the case while 47 witnesses mounted the witness box in favour of the petitioner to prove their claims.


http://www.sunnewsonline.com/webpages/news/national/2010/apr/14/national-14-04-2010-009.htm
 

 Why Yar’Adua hasn’t been impeached –Arise
By RAZAQ BAMIDELE
Wednesday, April 14, 2010
Photo: Sun News Publishing
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A serving member of the National Assembly, Senator Ayo Arise has stated reasons the ailing President Yar’Adua has not been impeached. Arise, who represents Ekiti North Senatorial District explained that the process that could lead to his impeachment did not fall within the purview of the National Assembly.
According to him, Section 143 of the constitution that talked about impeachment did not include sudden death or sudden illness that could incapacitate the President to the extent that he would not be able to transmit a letter to hand over power to his deputy.

“What section 143 talks about are about gross misconduct, dereliction of duty and abuse of office,” he said regretting that “the document did not envisage sudden death and sudden ill-health of the magnitude that would not allow room for writing or communication of any form.”
Against this backdrop, Arise pointed out that it is “only the Federal Executive Council (FEC) that can now study the situation and write the Senate President that the President is incapacitated and cannot perform his constitutional roles as President.”

It is on that basis, that the Senate would race a medical panel to examine the situation and report back to the House for the next line of action.
“We are prepared to commence the removal process immediately the FEC satisfied the condition that could give room for impeachment processes,” Arise submitted, assuring that the National Assembly has not been holding the country to ransom in any form.
Speaking further, the Peoples Democratic Party (PDP) Chieftain gave kudos to his colleagues in the upper Chamber for discharging their own responsibility in the matter by effecting the elevation of Dr. Goodluck Jonathan to the position of acting president.

To make him a substantive president and appoint a deputy for him, Arise stated, largely depend on the FEC, he said.
He, however, expressed satisfaction that since the time the National Assembly elevated Jonathan to the position of Acting President, “Nigeria has been running normally and the system has been working while the country has been moving forward.”
He disagreed with the notion that Jonathan’s trip abroad was wrong saying since there has been adequate structure on ground that would make the running of the government smooth, there was no sin committed.
The trips, both within and abroad, Arise pointed out, were parts of the constitutional duties of the President adding, “his trip abroad is part of effective running of the government.”

The inadequacy of the constitution, Arise revealed, was not peculiar to Nigeria reminding that even in the US, their constitution did not envisaged sudden death of President while in office until it happened early 19th century when a president died in office.
America, according to Arise, just amended its constitution to take care of that loophole in 1986 or thereabout, saying the same thing would happen in Nigeria so as to forestall a repeat of what has been confronting the nation in the recent time.

On the electoral reform, the Oye-Ekiti born politician was of the strong conviction that the problem was with the people saying, “even if we remove the chairman of the electoral body, people would still complain about the next person appointed to take over.”
He called attention to how complaints have been trailing the activities of the past electoral body bosses in Nigeria asking “was it Ovie Whiskey, Humphrey Nwosu, Eme Awa or Abel Guobadia that was not criticised and complained about?”

When reminded that even the international community, including the US support the removal of the chairman of the Independent National Electoral Commission (INEC), Professor Mautice Iwu, the Senator stated emphatically that “America always listened and reacted to the loudest people whether they are right or not.”
The reaction of the international community on Iwu, he asserted was based on what they were reading or hearing from those who could make the loudest noise swearing that if they were confronted with the fact on ground, they would sing a different tune.

 Court orders police to pay N100m compensation
… for killing Boko Haram leader’s father-in-law
From TIMOTHY OLA, Maiduguri
Wednesday, April 14, 2010
Photo: Sun News Publishing
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A High Court sitting in Maiduguri, the Borno State capital, on Tuesday ordered the Police to pay N100 million as compensation to the family of the late Alhaji Baba Fugu Mohammed, for wrongful killing.
The ruling is coming nine months after the Boko Haram attacks on some states in the North, which led to several killings by both the Islamic militants and the security agents.


http://www.sunnewsonline.com/webpages/news/national/2010/apr/14/national-14-04-2010-004.htm

Similarly, the court also held that the police were guilty of extra-judicial murder and illegal killing of Alhaji Mohammed, even as it ordered that the corpse be exhumed from whereever it was and same be released to the family, for proper burial.

The late Mohammed was the father-in-law to the slain Boko Haram leader, late Mohammed Yusuf, who was allegedly killed by the police same way the father in-law was killed extra-judicially.
The family of the 70-year-old Mohammed had dragged the President, Federal Republic of Nigeria, the Attorney-General of the Federation, the IG of Police, Borno State Governor and his Attorney General/Commissioner for Justice before the court for the gruesome murder of their patriarch by the police shortly after he reported at the State Headquarters of the police in Maiduguri on July 31, 2009, which coincided with the fifth day of the fundamentalists’ insurgence in Borno State.

Head of the family and eldest son of the deceased, BabaKura Alhaji Fugu had approached the court to declare that “the detention and subsequent murder of Mohammed by the police for being father-in-law of the Boko Haram leader, Mohammed Yusuf was a violation of the deceased’s right to life and fair hearing as protected under sections 33 and 36 of the Constitution of the Federal Republic of Nigeria.”
He also maintained that the deceased’s constitutional rights as enshrined in sections 33 and 34 were violated by the respondents, by their actions.
Ruling on the matter, Justice Mohammed Mustapha of High Court 3, declared that “the extra-judicial murder of the applicant’s father by the respondents is illegal, unconstitutional and violation of his rights to life as enshrined in the Constitution of the Federal Republic of Nigeria and the Universal Declaration of Human Rights.”

In granting the second relief, the court equally held that the declaration of and subsequent execution of Alhaji Mohammed on July 31, 2009 was unconstitutional and a violation of his rights to fair hearing as provided for in the Constitution.
Justice Mustapha further averred that based on evidence brought before the court, late Fugu Mohammed was illegally killed by “members of the Nigeria Police Force,” following an invitation to the headquarters of the police in the state, by the police.

The court ordered that all the five respondents “jointly and severally” should pay the sum of N100 million as compensation to the applicant in addition to apologizing “jointly and severally” to the applicant for their “repressive and unconstitutional” acts.
The court also restrained the respondents from harassing or intimidating the late Mohammed’s eldest son or any of the family members in general.