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APC Lawyer Advises Bulkachuwa to Quit and Protect Her Name

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The Presidential Election Petition Tribunal has fixed 2pm on Wednesday to rule on an application filed by the Peoples Democratic Party and its presidential candidate, Alhaji Atiku Abubakar, asking the President of the Court of Appeal, Justice Zainab Bulkachuwa, to withdraw her membership of the five-man panel.

The panel fixed the time for ruling shortly after parties to the petition filed by Atiku and PDP presented brief oral arguments on the petitioner’s application on Wednesday.

Through their application filed through their lead counsel, Dr. Livy Uzoukwu, on May 16, the petitioners urged Bulkachuwa to disqualify herself from further participating in the proceedings of the tribunal on the basis of alleged likelihood of bias.

The application was premised on the family ties which Bulkachuwa has with top members of the All Progressives Congress, the party whose victory is being challenged in the petition filed before the tribunal by both Atiku and the PDP.

They claimed that her husband, Adamu Bulkachuwa, being a senator-elect on the platform of the APC in Bauchi State, and her biological son, Aliyu Abubakar, being a governorship aspirant on the platform of the same party during the last electioneering in Gombe State, she would be biased against the petitioners in her handling of the proceedings.

In the course of the Wednesday’s hearing, the separate legal teams of the  Independent National Electoral Commission, President Muhammadu Buhari, and the APC, filed counter-affidavits to oppose the application which they described as unmeritorious.

But in what appeared to be candid advice from the lawyer representing the APC, Lateef Fagbemi (SAN), urged Bulkachuwa to “leave the matter” for the sake of her name with her retirement from the bench only barely a year away.

He said, “As it is fast becoming the norm and regrettably so, this is another havoc wreaked on the finest Nigerian jury.

“This is not the first time this is happening. Just recently, Justice Oyewole, whose immortal contribution was acknowledged by the counsel for the applicants a while ago, was written against not to be allowed to sit on the appeal panel on the Osun State governorship election petition.

“Nebulous as ‘likelihood of bias’ is, it has its own boundaries.

“The exhortation in all the authorities that have been cited, recognise that each case will have to be dealt with on its own merit.

“The matter before the court has nothing to do with governorship or National Assembly elections.

“Whatever the Constitution of a political party is, it is the Constitution of the country that is supreme.

“And nowhere in the Nigerian Constitution that the President is allowed to remove a governor or a member of the National Assembly.

“My conclusion, with respect, is that the application is blackmail. On the facts and the law, the application is most unmeritorious.

“But, with respect, next year, your lordship, the President of the Court of Appeal, will be bowing out gloriously by God’s grace.

“Your name, either the one you acquired before you got married or the one you acquired after you got married, none is for you alone. You hold them in trust and you have been blessed – being the first female President of the Court of Appeal in Nigeria.

“My lord, your youthful look may confuse one. You are old enough to be my mother. My lord, you standing in as my parent, I will say, ‘Mum, leave the matter’.”

The PDP and Atiku had filed their petition before the tribunal to challenge the victory of President Muhammadu Buhari and his All Progressives at the February 23.

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IPMAN Rejects Tinubu’s Subsidy Removal Plan

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The Independent Petroleum Marketers Association of Nigeria has opposed the plan by President Bola Tinubu to enforce his predecessor’s decision to remove fuel subsidy by June ending.

Tinubu had earlier on Monday, in Abuja, affirmed that his administration would not continue to pay subsidy on petroleum products.

He said given the high opportunity cost the Federal Government was suffering to fund subsidies, it was no longer justifiable to continue.

“The fuel subsidy is gone!” Tinubu exclaimed during his inaugural address at Eagle Square, Abuja, shortly after he was sworn-in as the 16th President of Nigeria.

The President said “Subsidy can no longer justify its ever-increasing costs in the wake of drying resources. We shall instead re-channel the funds into better investment in public infrastructure, education, health care and jobs that will materially improve the lives of millions.

“We commend the decision of the outgoing administration in phasing out the petrol subsidy regime which has increasingly favoured the rich more than the poor.”

Tinubu said since there was no provision for subsidy in the budget from June 2023, and it stands removed.

On his economic agenda for the next four years, Tinubu said his administration would target a minimum annual GDP growth of six per cent. To do this, the new government will enact budgetary and tax reforms that will boost the economy and address multiple taxation that stymies foreign direct investment.

“On the economy, we target a higher GDP growth and to significantly reduce unemployment. We intend to accomplish this by taking the following steps: First, budgetary reform stimulating the economy without engendering inflation will be instituted.

“Second, industrial policy will utilize the full range of fiscal measures to promote domestic manufacturing and lessen import dependency.

“Third, electricity will become more accessible and affordable to businesses and homes alike. Power generation should nearly double and transmission and distribution networks improved. We will encourage states to develop local sources as well.”

To foreign and local investors, he said “Our government shall review all their complaints about multiple taxation and various anti-investment inhibitions. We shall ensure that investors and foreign businesses repatriate their hard-earned dividends and profits home.”

However, reacting on Monday, IPMAN said it was opposed to the new president’s subsidy removal plan

The National Public Relations Officer, Independent Petroleum Marketers Association of Nigeria, Chief Ukadike Chinedu, said the new government should dialogue with marketers before taking the decision to remove subsidy.

“We are not in support of the removal of fuel subsidy at this time. We have said it repeatedly that our refineries should be fixed before taking such decision that will cause galloping inflation and inflict more hardship on the masses.

“The government of President Tinubu should not adopt what is in the transition document handed over to it by the administration of former President Muhammadu Buhari. Someone (Buhari) who for eight years did not remove subsidy is advising a new government to remove it.

“That is not fair and should not be adopted. Rather the new government should sit and discuss with marketers and other stakeholders on how to manage the fuel subsidy regime. We now have the Dangote Refinery, but all our refineries are still not working, so we don’t think removing subsidy is the right thing to do now,” Ukadike stated.

He said IPMAN was ready to work with the new government and would proffer measures to address the fuel  subsidy regime, instead of effecting an outright halt in subsidy.

When contacted to state their position on the issue, the Petroleum and Natural Gas Senior Staff Association of Nigeria stated that it would not comment on the development now, as it was currently studying the new administration.

“We wouldn’t want to comment on the fuel subsidy removal matter now because we are still studying the situation and the new government of President Tinubu,” the General Secretary, PENGASSAN, Lumumba Okugbawa, stated.

While IPMAN insisted that subsidy should not be removed without the repairs of Nigeria’s refineries, the Major Oil Marketers Association of Nigeria maintained its position that fuel subsidy should stop.

The Executive Secretary, MOMAN, Clement Isong, said Nigeria was burning its earnings by paying trillions as subsidy on petrol.

“Currently, we are told that this year that we are to spend about N6tn on subsidy. I am sure that in our hearts we all know that if we invested that N6tn in sustainable programmes, it will grow the economy. It is a better way to go than to burn it in fuel subsidy. We all know this,” he stated.

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Set Aside Bench Warrant Issued Against Me, Alison-Madueke Tells Court

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A former Minister of Petroleum Resources, Diezani Alison-Madueke, has prayed the Federal High Court in Abuja to set aside the bench warrant issued against her on July 24, 2020.

She accused the Economic and Financial Crimes Commission of concealing facts to obtain the bench warrant, contending that she was not on the run but travelled to the United Kingdom in 2015 to get treatment after being diagnosed with  “the most aggressive form of breast cancer — Triple Negative Cancer.”

Alison-Madueke, in a motion on notice brought by her counsel, Mike Ozekhome (SAN), urged Justice Mobolaji Olajuwon to extend the time within which she could seek leave to apply for the order discharging the bench warrant.

The News Agency of Nigeria reports that Alison-Madueke served as minister between 2010 and 2015 in former President Goodluck Jonathan government.

The ex-minister urged the court to strike out her name as “a defendant in charge number: FHC/ABJ/CR/208/2018 between the Federal Republic of Nigeria V. Diezani Alison Madueke, pending before this honourable court.”

The motion, which has FRN as complainant/respondent, had Alison-Madueke as sole defendant/applicant.

NAN reports that the Federal Government, through the EFCC, had, in an ex-parte motion, sought a bench warrant against Alison-Madueke.

Justice Ijeoma Ojukwu, who granted the order on July 24, 2020, after the anti-corruption lawyer moved the motion, directed that Alison-Madueke should be arrested by local or international police anywhere she was sighted within or outside the country.

The development followed the inability of the EFCC to extradite her back to the country from the United Kingdom, where she resides, to stand trial for the money laundering charges  pressed against her by the EFCC.

The case was, however, reassigned to Justice Olajuwon following the transfer of Ojukwu to the Calabar division of the court in 2021.

The ex-minister, in the  five grounds attached to the motion, said the bench warrant was issued without jurisdiction, and ought that it be set aside ex debito justitiae.

She argued that it was issued in breach of her right to fair hearing.

She further argued that she had neither been served with the charge sheet nor the proof of evidence in charge numbered FHC/ABJ/CR/208/2018.

“The ex parte application for an order of bench warrant against the defendant/applicant was obtained upon gross misstatements, misrepresentations, non-disclosure, concealment and suppression of material facts and this honourable court has the power to set aside same ex debito justitiae, as a void order is as good as if it was never made at all,” she said.

In the affidavit she personally deposed to, Alison-Madueke averred that she had resided in the UK since May 22, 2015, when she voluntarily travelled for medical treatment.

She said that towards the end of Jonathan’s  administration, she was diagnosed with “the most aggressive form of breast cancer — Triple Negative Cancer.”

“I hurriedly flew into England on May 22, 2015, in order to undertake a critical course of treatment, which consisted of two operations, eight months of intensive chemotherapy and five weeks of radiotherapy and I have remained in England ever since then, where I have undergone intensive medical care and treatment.

“In the course of receiving my treatment and only one week after completing the eight-month course of treatment in my extremely aggressive chemotherapy (during which time I was erroneously put into a near fatal coma), on October 2, 2015, I was invited by the UK National Crime Agency, to the Charing Cross Police Station, London, where I was questioned for several hours and subsequently released on police bail.

“Prior to that time, the officers of the NCA had invaded my personal residence and conducted a search, carting away with them several documents and other valuable items.

“Since then, I have consistently and severally been invited for interviews by the NCA, many of which have been serially adjourned or postponed to future dates due to no fault of mine.”

The former minister further alleged that almost contemporaneously, with the raid on her residence by officers of the NCA, the officials of the EFCC also broke into and raided her private residence in Abuja and carted away several documents and many items of value.

“All this was done in my absence and without any prior invitation or notice to that effect,” she alleged.

She said she had either read in the media or been informed by close associates and relatives, about several forfeiture orders said to have been made in respect of certain funds and property in some charges or other civil proceedings all of which were usually ascribed and allegedly said to belong to her in the media.

“I have till date never been served with any court processes in respect of all the aforementioned charges or forfeiture proceedings in Nigeria, to enable me respond, or defend myself,” she said.

Alison-Madueke alleged that the EFCC, which had been filing the said charges or forfeiture proceedings, knew very well she resides in the UK, and had indeed on an occasion in the past, actually served a particular document on her through the NCA.

She said since residing in the UK, she had been living openly and had never made any attempt to conceal her identity, location and/or home address, from any persons, or authorities, whether abroad or in Nigeria.

“The NCA is fully aware of my location in the UK,” she added.

She, therefore, prayed the court to vacate the order of bench warrant against her and strike out her name from the charge in the interest of justice.

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INEC Denies Secret Meeting with Adamawa Officials

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The Independent National Electoral Commission has denied meeting with Adamawa government officials to rig the supplementary governorship election in the state.

The denial came following a report that INEC officials deployed to supervise the Adamawa State supplementary governorship election paid a nocturnal visit to the state Government House ostensibly to rig the polls for Governor Ahmadu Fintiri.

The National Commissioner and Chairman of  Information and Voter Education Committee, Festus Okoye, made the denial in a statement on Thursday.

Okoye said, “The attention of the commission has been drawn to a press statement by a candidate in the recently concluded Adamawa State governorship election in which officials deployed for legitimate duty in the state were alleged to have undermined the electoral process after a discreet ‘nocturnal’ visit to the Government House and ostensibly met with one of the candidates in the election who gave them a list of ‘collation and returning officers’ deployed for the election.

“Ordinarily, the commission does not take issues with partisan actors, particularly where no evidence has been provided.

“To set the record straight, no such visit or meeting took place let alone the compilation of any purported list of collation and returning officers. Such a meeting would have been contrary to the oath of neutrality that we all swore to.

“Moreover, every conscientious observer would have noticed that the commission appointed and retained only one Returning Officer for the governorship election who also doubled as the state Collation Officer for the presidential election. Like all Returning Officers nationwide, he was issued with a letter of appointment by the commission and the Resident Electoral Commissioner in Adamawa State was duly informed.

“The list of Collation Officers was also forwarded to the state with every page of the list personally endorsed by the chairman of the commission well ahead of the arrival of the National Commissioners.”

The National Commissioner further said the same press statement created the impression that the national headquarters of the commission specifically targeted Adamawa State in its deployment of National Commissioners and other officials with the sole intention of influencing the outcome of the supplementary election held on Saturday, April 25 and sidelining the REC.

He added, “Nothing can be further from the truth. For the record, it has been the standard policy and practice of the commission to deploy National Commissioners, RECs and other staff from the headquarters or neighbouring states for supplementary or off-cycle elections where doing so is considered necessary.”

“In the case of Adamawa State where supplementary governorship election was held in 69 polling units, two National Commissioners were deployed while for Kebbi State, involving 142 polling units, three National Commissioners were deployed. Similarly, one National Commissioner each was deployed to Sokoto, Zamfara, Imo, Rivers, Ekiti and Ogun states.

“This has been the standard practice of the commission of which all RECs are informed in advance. Therefore, Adamawa State was not specifically targeted. In all other states, the RECs worked cooperatively with the National Commissioners except in Adamawa State for reasons that are now obvious to all.

“The public is advised to discountenance these insinuations as nothing more than a claptrap. We also advise those behind the mischief to desist forthwith as such fabrications have endangered the lives of our officials (both ad hoc and regular) engaged in legitimate election duties. We expect well-meaning citizens to act within the bounds of propriety and decency.”

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