ONDO PDP crisis deepens as court panels withdraw

Justices return case file to Appeal Court President

Faction laments 'judicial ambush'

The fate of factional Peoples Democratic Party (PDP) candidate in the Ondo State election Eyitayo Jegede was hanging in the balance yesterday.

A three-man panel set up by Court of Appeal President Justice Zainab Bulkachuwa to determine all appeals relating to the dispute over the governorship candidate of the PDP withdrew from the case.

The Justice Jumai Sankey-led panel announced its withdrawal mid-way into proceedings, citing a petition written against it by the factional chairman of the PDP in Ondo State, Prince Biyi Poroye.

Copies of the petition were sent to President Muhammadu Buhari, Attorney General of the Federation and Minister of Justice Abubakar Malami, Director General of the Department of State Services (DSS) Lawan Daura and National Security Adviser (NSA) Gen. Babagana Monguno.

Senior members of the two factions of the PDP were in court.

Some of those in court were Ali Modu Sheriff, Ahmed Makarfi, Cairo Ojougboh, Ben Obi, Abdul Ningi, Jimoh Ibrahim, Prince Adedayo Adeyeye, former Niger State Governor Muazu Babangida Aliyu, former Jigawa State Governor Sule Lamido, Senator Annie Okonkwo, former Sports Minister Damishi Sango and former Minister of Solid Minerals Odion Ugbesia.

Although they are from different camps of the party, they did not betray the enmity between them.

On arriving the courtroom, and noting that Makarfi, Obi, Adeyeye, Babangida and Lamido were seated in a corner within the courtroom, Sheriff went straight to them and greeted them loudly. He shook hands with and hugged each of them.

Ibrahim, the candidate of the Sheriff faction, who arrived the court earlier, also went to where Makarfi and others sat and shook hands with each of them.

He spoke with Lamido and Makarfi briefly. Lamido was overhead telling Ibrahim that they should all work for the survival of the party.

A mild drama ensued later when the first case for the day was called and Sheriff and Makarfi stood up to announce their presence in court.

Sheriff was first to stand up and announce himself as "National Chairman of the PDP". When it was Makarfi's turn, he announced himself as "Makarfi of the PDP", a position his supporters objected to by shouting National Chairman.

Sensing that those with him, including Obi, Babangida, Lamido and Adeyeye were not comfortable, Makarfi stood up again and re-introduced himself as "Ahmed Makarfi, Chairman, Caretaker Committee of the PDP."

On hearing how Makarfi later introduced himself, Sheriff, who sat on the other side of the courtroom, shook his head in approval, saying "yes, he is the Chairman of Caretaker, I am the National Chairman of the PDP".

Shortly after, parties and lawyers in the case, who had expected the opening of proceedings, were surprised when Justice Sankey spoke of Poroye's petition.

The appeal that was called was the one filed by former Attorney General of Ondo State and a PDP candidate, who was recently replaced by the Independent National Electoral Commission (INEC) with Ibrahim (following the October 14 order of the Federal High Court, Abuja.), Eyitayo Jegede.

Justice Sankey disclosed that a petition had been written against the panel, containing many allegations, including claim that members of the panel were induced to act in favour of the appellant.

"The petitioner is not only complaining about the speed with which the panel is going about the case, he also said that the setting up of the panel is unnecessary because the case did not require any urgency.

"The petitioner accused me of being very poor. He said because I was ill some years ago, I have become so poor that I am open to corruption. He is using my illness of about five years ago to say I am so poor that I am now open to corruption.

"I carry my poverty with pride. I will not steal anybody's money," Justice Sankey said.

Another member of the panel, Justice Emmanuel Agim, wondered why the petitioner failed to explore the legitimate process of asking a judge to withdraw from a case rather than resorting to casting aspersions on innocent judges via a petition containing unsubstantiated allegations.

"One of the allegations in the petition is that the reason we are doing this case is that we have been paid money," Justice Agim said.

At a point, the Justices in the panel, including Justice Oluwayemisi Williams-Dawudu, asked the petitioner to step out in the open court.

Justice Williams-Dawudu said "if the petitioner was confident enough to raise allegations against them, he should be bold enough to come out in the open and defend his allegations".

Poroye, it was learnt, left the court moment before the issue was raised.

When the panel sought the views of Wole Olanipekun (SAN), who represented Jegede, the lawyer said he was embarrassed by the petition. He condemned it and asked that the panel should proceed to hear the case in view of the fact that time was of the essence.

Olanipekun urged the Justices not to succumb to an attempt to intimidate them. He suggested that the petitioner should be handed over to security agents for interrogation and that the outcome of the investigation should be made public.

Lawyer to Pororye and eight other members of his executive in Ondo PDP, Alex Iziyon (SAN), distanced himself from the petition. He said he was not informed by one of his clients that a petition was being authored.

Iziyon said the Justices should not be bothered by the antics of politicians, who have chosen to turn the court into a football that they could play around as it pleases them.

He told the court that a similar petition was written "by the other party against the trial judge at the lower court. They cannot now complain because they are now at the receiving end.

When asked by Justice Agim if he would continue to risk his good name by continuing to represent Poroye, Iziyon said he would take a decision on whether or not to withdraw his representation after he must have had audience with Poroye.

After listening to lawyers in the case, the panel rose briefly, only to return about 30 minutes later to announce its withdrawal.

"Ordinarily, since no facts have been placed before this court formally, to show a likelihood of bias on the part of the panel, and since learned Senior Advocate for the petitioner and first respondent has disassociated himself from the petition, we would have been minded to continue with the hearing of these appeals.

"Even though this petition has fallen short of showing any likelihood of bias, nonetheless, we consider it more desirable to recuse ourselves at this stage in respect of all appeals and applications connected to the Ondo State governorship election.

"All the files in this regard are now sent back to the Honourable President of the Court of Appeal for re-assignment," Justice Sankey said in a short ruling.

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Senate dumps buhari's bid to borrow $29.96bn

SENATORS yesterday rejected President Muhammadu Buhari's request to borrow $29.96 billion under the 2016-2018 External Borrowing Plan.

The upper chamber voted massively against the request.

Senate President Abubakar Bukola Saraki put the question twice - "that the Senate do consider the request of the President C-in-C on the 2016-2018 External Borrowing Rolling Plan". Twice it was rejected.

Senate Leader Mohammed Ali Ndume moved the motion for the consideration of the request. Deputy Minority Leader Emmanuel Bwacha seconded.

The lawmakers were not comfortable with "some glaring omissions in the Executive Communication" forwarded to them by President Buhari.

A source said the President failed to "attach draft of Federal Government 2016-2018 External Borrowing (Rolling) Plan for consideration of the Senate" as indicated in the Executive Communication.

The source noted that "by asking the National Assembly leadership to approve the borrowing plan that involves huge sums of funds without formal consideration of the Senate in session smacks of some blackmail".

The last paragraph of the communication said, "Given the emergency nature of these facilities and the need to consolidate the peace and return the region (North East) to normalcy and considering the time it will take to get the National Assembly's approvals, it has become inevitable to request for the National Assembly leadership approval pending the consideration and approval of the 2016-2018 borrowing plan by the National Assembly to enable us disburse these funds immediately."

Senator Ndume who spoke on the rejection of the President's request said there was technical error in the request.

He however promised to represent the request on a later date.

Ndume said: "I was shocked as the Senate leader that they rejected the programme. I was not anticipating what happened. It was rejected on technical ground. If you look at the letter, it said 'attached' but there was no attachment. There are no details. I will appeal to my colleagues and represent it for consideration. There is nothing to worry about. We cannot throw away the baby with the bath water."

The list of 46 non-career ambassadors was also rejected but Saraki used his veto power to over turn the nay vote.

Saraki also put the question twice for the Senate to consider the request of the President on the confirmation of the nomination of the following persons for appointment as non-career ambassadors-designate.

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8 suicide bombers die at checkpoint blast

Eight suicide bombers in a Pick-up van have detonated their bombs, killing themselves in a failed attempt to cross a military checkpoint at Gubio, Gubio Local Government of Borno State, the Army has said.

According to a statement by Army spokesman Col. Sani Usman, the incident occurred about 9.15 am yesterday.

He said the insurgents got frustrated after troops insisted on searching the vehicle, and one of them detonated his Improvised Explosive Device (IOD).

The statement reads: "Troops of Operation LAFIYA DOLE deployed in a checkpoint in Gubio, Gubio Local Government of Borno State, about 9.15am this morning (yesterday), foiled a suicide attack on Gubio town by eight insurgents.

"The suicide bombers, who came in a Bedford Pick-up van, attempted to force their way through but were resisted by troops, who insisted that the vehicle be checked.

"They refused and detonated one of the suicide vests, killing eight of them."

Troops of 8 Task Force Division, during Operation Hardknock, have rescued 19 women and 19 children from the northern axis of Borno.

A statement by its Deputy Director, Army Public Relation, Col. Onyema Nwachukwu, said: "The troops of 8 Task Force Division have begun an operation, codenamed "Operation Hardknock,'' to clear pockets of Boko Haram terrorist hiding in remote areas of northern Borno, along the Nigeria-Niger border.

"As the operation progressed, troops cleared pockets of insurgents from their hideouts in Momo and Tunshe villages around Marte general area.

"The troops rescued 19 women and 19 children in Dumba. During the rescue operation, the troops neutralised six insurgents while others fled with gunshot wounds, leaving behind 22 motorcycles, flags and other items."

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Ambode to senate: Lagos need special status

Lagos State Governor Akinwunmi Ambode yesterday urged the Senate to reconsider the bill seeking one per cent allocation to Lagos from the revenue accruable to the Federal Government, saying it will ensure economic prosperity not just for Lagosians but all Nigerians.

The governor spoke at the Lagos House, Ikeja, when he received members of the Senate Committee on Marine Transport, who are in the state to perform oversight functions.

He said Lagos being a cosmopolitan city and the economic capital of Nigeria must be assisted by the Federal Government to address its infrastructure challenges.

"By December 12, it will be 25 years that the capital of Nigeria was moved from Lagos to Abuja. So, 25 years after, this is where we are.

"I will like to use this platform firstly to thank the Senate president and deputy Senate president for allowing us to table our one per cent special status because we have been struggling to put that up in the Seventh Assembly, it was not done.

"We want you to try and help us to have a re-look, a re-think and then think more of Nigeria in the bill rather than of Lagos because that is what that one per cent assistance will address and then tends to create the image of the kind of commercial capital we want Lagos to be."

Ambode described the visit by the committee as apt and timely, as it came a few days after he had discussions in Denmark about the development of $2.6 billion Badagry Deep Sea Port, aside the Lekki Port.

Chairman of the Senate committee Sani Yerima said the committee was in Lagos to perform oversight function on federal institutions.

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Sagay committee unfolds strategies to fight corruption

After presenting its one-year scorecard for public appraisal and staging a conference on legislators' role in the war against corruption in partnership with the National Assembly, the Presidential Advisory Committee Against Corruption (PACAC) is introducing new strategies to the anti-corruption crusade.

The Presidential Advisory Committee Against Corruption (PACAC) was set up on August 10 last year by President Muhammadu Buhari with specific mandates. The body was set up to promote the government's reform agenda on the anti-corruption effort and coordinate the implementation plan for all anti-corruption legislation and interventions.

It was given the role to develop a strategy for the coordination of all components of the anti-corruption and criminal justice reform efforts, promote cooperation between government agencies involved in anti-corruption initiatives and periodically review the performance of anti-corruption agencies and to recommend remedial actions to improve operations, among others.

PACAC, chaired by constitutional lawyer and civil rights' activist Prof. Itse Sagay (SAN), has as its members three professors of criminology - Femi Odekunle, Etannibi Alemika and Sadiq Radda, as well as gender rights' activist Dr Benny Daudu, civil rights' activist/Bring Back Our Girls (BBOG) campaigner Hadiza Bala Usman and Prof Bolaji Owasanoye, who is the Executive Secretary and whose only membership is full-time.

The body reports directly to the presidency, the committee presented its scorecard penultimate week before the media and Civil Society Organisations (CSOs) in Abuja.

Funding

PACAC is a beneficiary of a $5 million Anti-Corruption and Criminal Justice Reform Fund put together by Ford, MacArthur and Open Society foundations. The fund has enabled the committee function under a dire economy environment and without a Federal Government budget or cabinet in place. The fund is also accessible to other CSOs.

Key activities

It has produced a draft anti-corruption plan which followed consultations with stakeholders during an inter-agency task force workshop, which was sponsored by the United Nations Office on Drug and Crime (UNODC) in May last year.

According to Prof Owasanoye, the Attorney-General of the Federation and Justice Minister Abubakar Malami (SAN), is currently developing a more robust justice sector plan with extracts from the action plan.

The Federal Government's anti-corruption strategy involves prevention, sanctions and enforcement, assets recovery, ethical evolution and public engagement, the Executive Secretary said.

Within a year of its existence, Owasanoye said, PACAC has interacted with stakeholders such as anti-corruption agencies and the judiciary. He noted that the outcome of such engagement is that judges are less eager to restrain anti-graft agencies from investigating or arresting politically-exposed persons for corruption.

Other bodies engaged by the committee are: the Bar, Organised Private Sector (OPS), CSOs, Ministries, Departments and Agencies (MDAs) as well as development partners on anti-corruption strategies.

To strengthen institutions, the committee has staged series of workshops and produced strategy documents including: the Corruption Case Management Manual (full and abridged versions), Plea Bargain Manual, Corruption Information/Intelligence Sharing Protocol and the Federal Sentencing Guidelines for Corruption and other Related Economic Offences.

Others are: the Strategic Communication Blueprint for the Federal Government in the Fight Against Corruption, Assets Recovery Strategy Document, Framework for Management and Administration of Recovered Stolen Assets, Training Manual for Federal Prosecutors on Drafting charges under the Administration of Criminal Justice Act 2015.

Besides producing a draft Bill and Explanatory Memorandum for the Establishment of Special Crimes Court, the committee has advised on improvement of prosecutorial capacity, asset recovery and on reopening of dormant high pro?le cases while fostering inter-agency cooperation.

In the year under review, PACAC held over 28 capacity building programmes for anti-corruption agencies, the judiciary (judges and magistrates) across the geopolitical zones, the Department of States Services (DSS), Nigerian Customs Services, ministries, prosecutors and professional bodies, among others.

Acting on its advisory, the Federation Government published N78.3billion, $185,119,584.61; 3,508,355.46 pounds, and 11,250 euros as recovered assets between May 29 last year and May this year.

It put the funds recovered under interim forfeiture include N126.6 billion, $9,090,243,920.15; 2,484,441.55 pounds and 303,399.17 euros and the funds awaiting return from foreign jurisdictions, include $321,316,726.1; 6,900,000 pounds and 11,826.11 euros.

The non-cash recoveries include 22 farmlands, four plots of land, 182 completed buildings, 25 vehicles and five maritime vessels.

Knocks for Jonathan

Going by the PACAC's scorecard, 55 people stole N1.3 trillion from the national treasury in seven years under President Goodluck Jonathan's watch. The committee accused the former President of tolerating corruption, closed his eyes to graft while his administration fared worse than his predecessors in tackling official sleaze. "Under his (Jonathan's) watch, corruption brought Nigeria to its knees," PACAC said in its scorecard.

Applying World Bank rates, one-third of the N1.3 trillion could have provided 635.18 kilometers of roads, built 36 ultra-modern hospitals in each state, built and furnished 183 schools, educated 3,974 people from primary to tertiary level (at N25.2 million per child) and built 20,062 units of two-bedroom houses.

Challenges

Owasanoye said PACAC faced public apathy in carrying out its mandates. He accused the elite, who should have supported the anti-graft battle, of complicity in entrenching corruption. He also attributed the poor economy as a push factor for graft. The ine?ective application of preventive measures, Owasanoye said, is also a hurdle. For instance, the use of Treasury Single Account (TSA) was said to be encouraging cash transactions in some MDAs to bypass and circumvent the TSA policy . Low budgetary allocation to the Ministry of Justice, PACAC said, also slows down the prosecution of cases. Other challenges are the negative use of constitutional safeguards, manipulation of fault lines (such as religion and ethnicity) by suspects to ?ght back and undermine government e?ort, as well as weak communication strategy which leaves information gap and escalates speculation and criticism.

Role of lawmakers

On the need for improved collaboration between all arms of government in fighting corruption, PACAC, in partnership with the National Assembly, United Nations (UNODC) and the Africa Development Studies Center, held a two-day national conference with the theme: "Role of the legislature in the fight against corruption."

Vice President Yemi Osinbajo, who stood in for the President, said the fight against corruption must be a joint effort based on a "consensus". He said fighting corruption does not require saints, but an agreement that the consequences of graft in every sector are "grave".

He said the fuel subsidy scam, for instance, gulped almost N5 trillion, which was almost the size of N6.07 trillion Budget.

Osinbajo said: "We have a chance to develop a uniquely Nigerian approach to dealing with this problem. I think it's important for all of us to be humble and clear-headed enough to understand that a coalition that should emerge from such a consensus is not a coalition of saints, neither can it be a conclave of only righteous men and women bound by 'holier than thou' creed. No.

"What we need is a coalition of reasonable men and women in commerce, in government, or whatever human endeavour, who know that the proposition that corruption does not pay is not merely a moral injunction, but an admission of a grave reality that a corrupt executive, for instance, will destroy all plans for development.

"That a corrupt legislature will use its legislative and oversight functions to enrich itself and compromise its role of check and balance, and that a corrupt judiciary will sell its power over life and death to the higher bidder and return society to the anarchical notion that self-help is best; that corruption in the capital market or banking system means that we cannot be sure that our investments will ever be safe."

Prof Sagay was unsparing of the National Assembly. It accused the dual legislature of not living up to electorate's expectations, adding that the legislature, which is the first arm of government in a democratic state, is no longer regarded as such.

He said: "The current low esteem in which the legislature, particularly the National Assembly is held, arises, not from lack of legislative primacy, but from its exhibition of negative values and practices grossly against the interest of Nigeria and Nigerians.

"The clear impression is created that Nigerian legislators are in office for themselves and not for the populace. The issue of mind boggling allowances is just one evidence of these phenomena."

Sagay said for the legislature to play its watchdog role effectively, "its own hands must be clean and its house put in order. A corrupt and self-seeking legislature will not have the credibility and authority to carry out its role as the watchdog of the people. Unfortunately, currently in this country, it is the press that is playing this role of watchdog," he said.

To Sagay, the National Assembly has not adequately fulfilled its oversight duties under Section 88 of the 1999 Constitution.

The PACAC chair said: "In my humble view, the legislature has not lived up to expectations with regard to its oversight functions. It has tended to be deeply involved in acts of corruption which in the process deprives it of the capacity to fight corruption. The latest development, that of budget padding, is an example of this dilemma.

"In spite of all that has happened in the past, it is most encouraging that the National Assembly has actually taken the initiative to collaborate with PACAC to deliberate on the role of the legislature in the fight against corruption. This is a most encouraging development, marking a turning point in the orientation of our lawmakers towards their duties and responsibilities."

But Senate President Bukola Saraki believes the National Assembly has contributed a lot through legislation in the anti-graft fight. To him, Nigeria has a long way to go in the fight against corruption. He called for new strategies.

According to him, the fight cannot be fought and won on the basis of prosecution of offenders alone but that a greater effectiveness can be achieved by applying preventive measures across the public spectrum.

Saraki said: "Such preventive measures must include adequate education, ethical reforms and adaptation of technological support systems for better auditing and public procurement systems that help cover loopholes for corruption.

"For example, in order to reduce the risk of corruption and increase the effectiveness of public procurements, electronic tenders should be used more widely where possible

"On our part, the National Assembly is ready to continue to use its legislative time and authority to reform key areas of our laws that will strengthen our institutions and give a fillip to the anti-corruption campaign."

Deputy Senate President Ike Ekweremadu believes that budget proposals should be subjected to public hearings which according to him, would reduce the corruption associated with the budgeting process and improve transparency.

It would also enable the citizens to make direct input, he said.

According to Ekweremadu, Nigeria is perceived as a corrupt nation partly because its budgeting processes are shrouded in secrecy.

He said: "We are one of the few countries that don't subject our budgets to public hearings. I don't see why Appropriation Bills should not be sent in early by the executive so that the public can contribute.

"The problem has always been that the executive brings budget proposals at the last minute, usually at the end of a financial year, leaving no room for public input."

Need for accountability

The PACAC secretary urged the National Assembly to make its budgets public for the sake of transparency and accountability. He said the lawmakers should justify the more than 2,220 per cent increment in National Assembly's budget between 1999 and 2014.

Owasanoye said the number of lawmakers has not increased, nor has the salaries of other workers increased, yet their budget rose from N6.9 billion in 1999 to N150 billion in 2014.

According to him, National Assembly's budget was N6.9 billion in 1999; N9.9 billion in 2000; N19.8 billion in 2001; N21.6 billion in 2002; N24.3 billion in 2003; N34.7 billion in 2004; N55.4 billion in 2005; N60 billion in 2007; N106 billion in 2009 and N154.3 billion in 2010.

Owasanoye accused the lawmakers of rubbing shoulders with the executive rather than focusing on their core mandates of lawmaking and oversight duties.

His words: "The National Assembly, just like the judiciary, does not account to anybody for how it spends money. It's a big problem. The arm of government to help us deal with that is the legislature.

"But for several years they've been collecting over N100billion, they've not accounted to anybody. They have to justify it to us. That is the only way to remove the negative perception that that the National Assembly is corrupt.

"On constituency projects, which I have no aversion for, in the majority of cases, unless we want to live in denial, a legislator wants to nominate or succeeds in totally hijacking the contract. So, the National Assembly should stop competing with the executive for budget increases."

Former Director of Kenya Anti-Corruption Commission, Prof Patrick Lumumba, who gave the keynote address, said Africans must end the culture of celebrating ill-gotten wealth. He said a person who steals a goat and a person who steals public funds deserve the same treatment.

According to him, countries such as Botswana, Mauritius and Rwanda, have shown that the fight against corruption can be won. He said if Nigeria successfully tackles corruption, it would rob off on the rest of Africa.

Lumumba, who is the Director of Kenya School of Law and regarded as one of Africa's greatest orators, gave his speech for more than 30 minutes extempore.

He said: "We must create an environment that is hostile for people to participate in corruption. We must ensure that procurement laws do not allow people to steal in accordance with the law. The qualities of laws we enact must therefore be very important."

He advocated what he called lifestyle audit for public officers, saying: "Before a public officer builds a house, he should show us the source of funds."

According to him, an economy thrives where there is less corruption, noting that Botwana, for instance, recorded budget surplus due to its high level of transparency and accountability.

Lumumba said: "Institutions must be strengthened. President Buhari is on the right path, but he won't succeed unless institutions are built. The president will be in office for eight years at most. If there is one good quality corrupt people have, it is patience. They can sleep for eight years and emerge as monsters in the ninth year.

"So, strengthen the institutions such as the Economic and Financial Crimes Commission (EFCC) and others because it is only they that can defy time."

Going forward

PACAC intends to scale up engagements with CSO, citizens, states and local government areas to boost anti-corruption advocacy, work with stakeholders to improve the legal framework and engage in further capacity building for anti-corruption agencies, MDAs and the judiciary on money laundering and asset recovery.

It also has a plan to track high pro?le cases and how the Administration of Criminal Justice Act 2015 has been applied towards improved sanctions and enforcement, work towards eliminating corruption in procurement and enhance security of payment, conduct corruption risk/performance assessment for MDAs and anti-corruption agencies, review anti-corruption policy and strategy, among others.

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Chief justice blame Executives for corrupt judges

  The executive, not the National Judicial Council (NJC), should be blamed for corruption among judicial officers, the Chief Justice of Nigeria (CJN), Mahmud Mohammed, has said.

He said the failure of the executive to act upon recommendations by the Commission cannot be blamed on the NJC.

Justice Mohammed made the clarification in a reply dated October 26 to a petition written by the Socio-Economic Rights and Accountability Project (SERAP).

The reply, marked No.CJN/Gen/MISC/A37/Vol.XXI/8 and signed by the CJN's Senior Special Assistant, H. S. Sa'eed, was in response to SERAP's request to Justice Mohammed, requesting him as the NJC chair to "take over from the Department of State Service (DSS) the cases of all the seven judges released by the DSS and refer the cases of those judges to anti-corruption agencies for conclusion of investigation and prompt prosecution."

"Certainly, you will agree with me that where there are clear constitutional provisions relating to the power of any individual, institution or arm of government, then it cannot deviate, nor exceed such powers as this will be unlawful", the CJN was quoted as saying.

The letter reads in part: "While restating the willingness of the NJC to act upon any petition as well as commitment of the judiciary to the fight against corruption, his Lordship opines that any significant involvement in the fight against corruption will be upon a similar commitment of the Prosecutorial Agencies to actively prosecute their cases expeditiously when information about same is received."

"It is necessary to restate that the NJC is a creation of the 1999 Constitution (as amended) being established under Section 153 with its mandate clearly set out in Para 21, Part One of the Third Schedule to the Constitution. This provision clearly stipulates at Para 21(b) and (d) that the Council may only 'recommend' to the President and the Governors, the removal from office of judicial officers and to exercise disciplinary control over such judicial officers, which in effect is the extent of its power to discipline. Hence, the Council cannot, suo motodismiss any judicial officer.

"The NJC can also neither 'hand over corrupt judges to law enforcement agencies for prosecution nor recover proceeds of corruption, as you have suggested. It can merely recommend to act upon its findings, as it has always done.

"However, in exercise of its constitutional mandate, the NJC has enacted the Judicial Discipline Regulations, 2014 in order to ensure that petitions are received, investigated and addressed as appropriate. As SERAP's own Report attests, 64 judicial officers have been disciplined within five years even preceding the institution of the new guidelines. Any failure on the part of the executive arm of government to act upon such recommendations cannot therefore be blamed upon the NJC.

"With due consideration to the contents of your letter, I am directed to acknowledge and address the concerns which SERAP have raised, which may reflect the wider opinion held by some Nigerians. While his Lordship doubtless appreciate SERAP's concern for the incidence of corruption in the judiciary, it is indeed erroneous to conclude that the NJC has 'felt satisfied with applying only civil sanctions and have not deemed it fit to hand over corrupt judges to law enforcement agencies for prosecution nor recover proceeds of corruption', as insinuated in your letter under reference.

"To be sure, every citizen inclusive of judicial officers, are entitled to the protection of the law and a key provision of the Constitution is the presumption of innocence, as enshrined in Section 36(5) of the Constitution (as amended). I must also remind us that the seven judges like all other persons are entitled to a fair hearing as stipulated in Section 36 of the Constitution. As such, it would be presumptive and indeed preemptive to sanction the said judges without exhausting the proper procedure for their removal.

"As a valuable member of the society, the Hon. CJN is certainly delighted with SERAP's dedication to justice, fairness and justness. His Lordship also wishes to emphasize that it is indeed our collective responsibility to tackle any perceived challenges facing the Nigerian judiciary.

"Indeed, with the support of well-meaning and eminent Nigerians such as members of SERAP, giant strides will be made towards reaching the goal of a transparent, fair and equitable system of justice. The Hon. CJN wishes you the best in your future endeavor as SERAP strives to support and entrench good governance in Nigeria."

SERAP, through its Executive Director Adetokunbo Mumuni, had on October 11, expressed concern that "the NJC has for many years failed to appropriately deal with several cases of corrupt judges by failing to refer those cases to the EFCC and ICPC for prosecution."

The group alleged that the judges accused corruption "are still alive and their cases should be promptly referred to the anti-corruption agencies."

It urged the CJN to exert his position as the NJC chair to take advantage of the affected seven judges to comprehensively address corruption in the judiciary.

SERAP said: "The NJC is in the best position to tackle corruption within the judiciary, and to ensure the application of appropriate disciplinary and legal measures in the cases of the released seven judges and other judges suspected of engaging in corruption."

Insisting that corrupt judges should face prosecuted, the statement said: "SERAP believes that corrupt judges should not merely be retired where there are clear allegations of corruption against them. Corrupt judges must not also be allowed to keep their ill-gotten wealth, or receive their pension and retirement benefits, as if they have done no wrong while the victims of their corrupt acts are left without an effective remedy."

"SERAP believes that corrupt judges are more dangerous to the society than corrupt politicians because a corrupt judiciary denies both victims of corruption and those accused of corruption access to an independent, impartial and fair adjudication process. No country can succeed with corrupt judges as there can't be no rule of law, development, justice and enjoyment of human rights when judges are corrupt."

"Judicial corruption is antithetical not only to human rights and good governance but it also directly undermines the ability of government to satisfactorily combat corruption. Judges should not be allowed to avoid accountability for corruption if judicial impartiality and independence is to be held sacrosanct and access to justice is to be effectively achieved."

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Tambuwal urges judiciary to work together to tackle corruption

  Stakeholders in the judiciary must work as a team to overcome the challenges confronting the arm of government, Sokoto State Governor Aminu Waziri Tambuwal said yesterday.

Speaking at the swearing-in of the state's new Chief Judge, Justice Bello Abass, Tambuwal said recent arrests of senior members of the judiciary has placed a huge burden which requires unity of purpose to overcome.

He said the judicial arm plays an important role in the society and judges must always live above board to set example.

He said his administration would partner with all the arms of government to ensure quick and efficient dispensation of justice for the benefit of the society.

"For us in the executive, we consider the other two arms of government as equal partners. We will stand side-by-side with the judiciary to ensure quality justice is dispensed.

"What the judiciary is facing in Nigeria today is a trial moment. As Chief Judge in Sokoto, you are likely to face similar challenges confronting judiciary in Nigeria. I want to assure you that we will work with you to achieve success," the governor added.

Tambuwal admonished family and friends of the chief judge to avoid exerting undue pressure on him, because he has little or no favour to dispense.

"Let me appeal to family, friends and well-wishers not to exert undue pressure on the chief judge. As you are aware, he has no contract to give, and has no favour to dispense. You should pray for him to enable him succeeds in his new task," he added.

The governor urged members of the bar and the bench to support the CJ, and appealed to them to see themselves as one family working for a common purpose.

Justice Abass succeeded Justice Aishat Dahiru, who retired from service in August after 20 years as chief judge.

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FG urged to reconsider cases of arrested Judges

  THE Federal Government has been urged to reconsider its stance on the fate of the judges arrested by the Department of State Services (DSS).

International Human Rights and Anti-corruption Society (IHRAS) Director General Dr. U. O. Udofia made the request in a letter dated October 26 and sent to the Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN).

The group, which said it was particularly concerned with the case of Justice Nnamdi Dimgba of the Federal High Court, Abuja, noted that from its members' findings, the judge was above board.

In the letter, a copy of which was sent to the Director General of the DSS, IHRAS argued that although it support efforts by the government to curb corruption, it must be done in accordance with the rule of law and due process.

"Our independent investigation reveals that Justice Dr. Dimgba was appointed in December 2015 as a judge of the High Court and started sitting in January 2016 and has remained a judge of high repute in the discharge of his constitutional duties effectively and transparently.

"The case files taken by the DSS in Justice Dimgba's residence during the DSS operations were for judgments on Monday, Tuesday and Wednesday of the following week, before the DSS operation on Friday night.

"Justice Dimgba has a right under the law to take the case files for study and writing of the judgments. During the DSS operation, noting was found, no monetary materials were found in his residence.

"It is upon this background that we appeal to the Federal Government, particularly the Attorney General of the Federation (AGF) and the DSS, to reconsider the case of Justice Dimgba, whose residence was mistakenly invaded by the DSS.

"The appeal is predicated on the outcome of our untainted and undiluted investigation and opinion poll conducted among legal practitioners and others, within and outside the Federal Capital Territory (FCT).

"All those contacted on this issue attested to the sincerity and honesty of Justice Dimgba in the discharge of his duties," IHRAS said.

The group urged the government to ensure that the fight against corruption should serve as incentive, to encourage and not discourage all those who are working sincerely in the interest of public.

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Timing of FBI's Clinton announcement draws criticism

Democratic presidential candidate Hillary Clinton on Saturday called the timing of the FBI's announcement that it was assessing new evidence in her email case "unprecedented" and "deeply troubling."

At a campaign appearance in Daytona Beach, Florida, Clinton told her audience, "It's pretty strange to put something like that out with such little information, right before an election."

Clinton later added, "We can't let this election, in the last 10 days, be about the noise and the distractions. It's got to be about what kind of country we want for ourselves, our children and our grandchildren."

Democratic presidential candidate Hillary Clinton waves while visiting a homecoming game for Bethune-Cookman University Wildcats in Daytona Beach, Fla., Oct. 29, 2016, on her way to a rally.
FBI Director James Comey said in a letter to lawmakers Friday that new emails had surfaced that were related to Clinton's case. He made the statement despite an FBI tradition of avoiding controversial actions in the days leading up to an election.

Reports Saturday said U.S. Justice Department officials warned Comey that notifying Congress about the new material was not consistent with department practices. Accordingly, Comey sent a letter to FBI staffers, explaining the reason behind his unorthodox move.

"We don't ordinarily tell Congress about ongoing investigations," he said, "but here I feel an obligation to do so, given that I testified repeatedly in recent months that our investigation was completed. I also think it would be misleading to the American people were we not to supplement the record."

Influencing the race

The FBI announcement sparked criticism that the agency was intervening in the U.S. presidential race. While the emails have been detected, The New York Times reported that law enforcement agents have to get a court order to actually read them, a process that would certainly not be finished before Election Day.


Republican U.S. presidential candidate Donald Trump on Saturday called this latest wrinkle in the email case "the lowest point in the history of our country."

Trump spoke at a campaign event in the swing state of Colorado, saying, "A vote for Hillary is a vote to surrender our government to public corruption, graft and cronyism that threatens the very foundations of our constitutional system." He vowed that on Election Day, November 8, "we're going to change things."

Political scientist Norman Ornstein of the American Enterprise Institute told VOA that the timing of Comey's announcement was "stunning."

"Clearly, there's no urgency in this matter," he said. "It's not going to be, very likely, sorted out for months. It doesn't seem, on the surface, to involve anything deeply nefarious. ... If you are going to announce it 11 days before the election, you have a deep obligation to be more forthcoming."

Far-reaching implications

Political historian Allan Lichtman said Saturday that Comey might have made the announcement to protect his own credibility, but that the results of his act reached far beyond the personal.

"The tragedy here is, to save himself [from allegations that he hid new evidence], he has significantly biased a presidential election that is vastly more important," Lichtman told VOA. "This is going to set the course for the future of the country, not just over the next four years, but perhaps over the next generation. ... He has no business doing this."

FILE - FBI Director James Comey is sworn in before a House Oversight and Government Reform Committee hearing on Capitol Hill in Washington, D.C., July 7, 2016. Comey's announcement that authorities were again looking into Clinton's email practices sparked criticism that his agency was intervening in the U.S. presidential race.
Lichtman, who is known for his accuracy in predicting U.S. election outcomes, would not speculate on whether the development would sway Clinton voters. He said the Clinton campaign had probably done the only thing it could do in response, which was to call for the release of all information about the case. Clinton made that call Friday, noting that "even Director Comey noted that this new information may not be significant, so let's get it out."

"How do you respond to something that's so vague?" Lichtman said of Comey's announcement. "It may be that there's nothing there of any consequence, but we don't know and you can't draw any conclusions from the FBI letter."

Lichtman also noted that the FBI had been unusually forthcoming on the Clinton case, while staying tight-lipped on allegations that Russia might be trying to influence U.S. elections by hacking into computer systems.

'Political act' by Comey

Jason Johnson, a professor of political science and communications at Morgan State University in Maryland, told VOA he thought Comey was attempting to influence the election.

"It is impossible to separate what this announcement is from a political act," Johnson said. "It is clearly an act on the part of the FBI director to have some impact on the presidential campaign. There is something to be said about caution, about discretion."

FILE - New York mayoral candidate Anthony Weiner, left, listens as his wife, Huma Abedin, speaks during a news conference at the Gay Men's Health Crisis headquarters, July 23, 2013, in New York. FBI investigators found emails related to Hillary Clinton while investigating a "sexting" case against Weiner.
Reports Friday revealed that FBI agents discovered the new emails during an investigation of former U.S. Representative Anthony Weiner of New York, who is separated from top Clinton aide Huma Abedin. The emails were reported to have been found on a computer used jointly by Abedin and Weiner.

Weiner is under a separate FBI investigation for allegedly "sexting" with a 15-year-old girl in North Carolina, a crime that falls under FBI jurisdiction because it took place across state lines. The age of consent in North Carolina is 16; in New York, it is 17.

Republicans rejoice

Republican Party leaders were rejoicing in what they saw as validation of their repeated complaints about Clinton's practice of handling government emails in a nonstandard fashion.

Republican National Committee Chairman Reince Priebus tweeted Friday, "With FBI reopening criminal investigation, Democrats on the ballot must now be asked whether or not they still support @HillaryClinton."

He also tweeted, "This development raises serious ?s about what records may not have been turned over & why, & whether they show intent to violate the law."

Senator Charles Grassley, a Republican campaigning for re-election in Iowa, told reporters Friday that the email server had been "a real problem for the Clintons." Although he was one of the addressees on the FBI letter, Grassley said it was not the result of any request from him to Comey.

WATCH: Democrat Clinton Calls Timing of FBI Email Probe 'Strange'

Democratic Senator Dianne Feinstein of California, a ranking member of the Senate Intelligence Committee, said Friday that she was "shocked" to read Comey's letter.

"Without knowing how many emails are involved, who wrote them, when they were written or their subject matter, it's impossible to make any informed judgment on this development," she said. She also noted the FBI's tradition of avoiding moves that might influence the upcoming election. "Today's break from that tradition is appalling," she said.

Clinton has said she used the private server rather than a more secure government server because it was more convenient for her. Critics say she was trying to shield her communications from the Freedom of Information Act.

Although classified information turned up in email stored on her personal server, which authorities said was vulnerable to hacking, there was no evidence she shared it with unauthorized parties on purpose and tried to cover that up.

Jesusemen Oni and Elizabeth Chernoff contributed to this report.

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Mimiko rushes to buhari as Ondo erupts in violence

Akure, the Ondo State capital, was in turmoil yesterday after youths stormed the streets ,protesting Thursday night's decision of the Independent National Electoral Commission (INEC) to drop Mr Eyitayo Jegede (SAN) as the governorship candidate of the Peoples Democratic Party (PDP) in next month's governorship election.

The development prompted the state governor, Olusegun Mimiko, to rush to President Muhammadu Buhari in Abuja yesterday to seek his intervention in the matter.

The commission had substituted Jegede's name with that of businessman Jimoh Ibrahim, citing a court order.

But the youths, backed by dozens of okada (commercial motorcycle) riders, were not amused by the development.

Words apparently went round overnight about the youths' need to show their displeasure over the substitution.

As early as 5 am yesterday, the protest had got underway as youths set up barricades on major roads with planks, disused vehicle parts and heavy stones.

Complementing these were bonfires from which the sky was filled with thick smoke.

Hundreds of motorists and commuters who set out early for their daily bread were stranded.

Some returned home.

Most affected by the blockade were intra-city roads like Oba-Adesida/Oyemekun and Arakale, as well as the Akure-Owo Expressway, Akure-Ilesha Road and Akure-Ikere-Ekiti Road.

Intercity travellers were caught unawares and were stranded for many hours in the ensuing traffic gridlock.

Banks, shops, offices and markets were shut.

Jegede hails from Akure.

The protest later spread to Ondo, hometown of Governor Olusegun Mimiko.

The police and the Department of State Security (DSS) tried to intervene to stop the situation from degenerating into bloodshed.

Some women supporters of Jegede went to his campaign office at Fiwasaye Road, asking INEC to reverse its decision to drop him.

Mimiko storms Abuja

Governor Mimiko on his part dashed to Abuja to seek President Muhammadu Buhari's urgent intervention in the matter.

He arrived the seat of power at about 11 am and went straight in for his appointment with the President.

Speaking to correspondents at the end of the meeting, Mimiko said he was shocked by INEC's decision to drop Jegede's name for Ibrahim's.

He said:: "I am shocked. In logic, in law, in politics, there is no basis for it whatsoever.

"The Jimoh Ibrahim factor in all of this is predicated on a court order given by Justice Abang.

"Incidentally that court order is about zonal and state executives of PDP. That order is about the 2009 election.

"Neither Jimoh Ibrahim nor Tayo Jegede was a party to the suit. So, when that judgment suddenly came, because when the name of Ibrahim was sent to INEC after a primary election which was conducted in Ibadan without INEC monitoring it, without security agencies, SSS or police, when the name got to INEC and this (Justice) Abang judgment was attached, INEC took the right decision initially by making it clear that to start with, it is not state or zonal executive that is empowered by the Electoral Act to conduct election.

"Number two, the Abang judgment on the basis of which they were putting pressure on INEC to accept Jimoh Ibrahim as a candidate, was referring to 2009 election.

"There is nothing about 2016 election in that judgment. So, on the basis of this, INEC refused and discountenanced the name of Jimoh Ibrahim as a candidate.

"Then they went ahead and filed Form 48, and from the blues, the same Justice Abang mandated INEC to replace the name of Eyitayo Jegede who emerged through a primary process that was supervised by INEC, security agencies, on live television with all delegates that were supposed to participate, then Abang ordered that Jimoh Ibrahim should replace Eyigayo Jegede."

Continuing, he said: "Ordinarily, we should have disregarded the order because, like I said, Jegede was not a party to the suit, neither was Jimoh Ibrahim. But we were also advised that it was very important for us to appeal so that if anybody is up to a mischief, we would have taken the plank off the person.

"When we filed in our papers, submitted our briefs and got date, that should serve as a stay of execution. We don't want to take chances because somebody in INEC told us that they obey the last order in the commission.

"Some went to court and obtained two different orders mandating INEC not to substitute Eyitayo Jegede. We served one on INEC around 10 am yesterday (Thursday), and we served INEC with the other one at the close of business around 3 pm. Only around 7 or 8 pm, we got to know that INEC, for no justifiable reason, had substituted the name of Jegede and replaced it with that of Ibrahim.

"The question to ask is: on whose order has INEC done that? Apart from the fact that we have two restraining orders on INEC, INEC knows full well that Jimoh Ibrahim's primary was in Ibadan. There was no report by any security agencies that the security situation in Ondo state warranted the movement of the primaries to Ibadan or anywhere outside the state for that matter."

Besides, he said, the time for substitution of candidates had lapsed by INEC's guidelines, adding that the removal of Jegede's name from the list of candidates for the November election constitutes a threat to the peace in the state.

"We see this action as potentially dangerous," he said. It can cause conflagration in the state, and that is why as the chief security officer of the state, I have come to alert Mr. President of the potential danger of this injustice, so that we can nip it in the bud."

Asked what response he got from the President, Mimiko said: "Mr. President promised to look into it and that if there is any injustice, we should rest assured that it will be rectified."

Speaking on the protest, the governor said: "The whole day from 5 am, I have been on phone with stakeholders to ensure they keep the peace in the state. The extent of the protest you have seen has been reduced by our intervention to ensure that there is no breach of the peace.

"I have assured them that this injustice will not stay. We will continue to explore all avenues to make INEC see reasons why this impunity must not stand."

Asked whether he still had confidence in INEC conducting a credible election, he said: "If INEC finds it difficult to obey court order, a credible election starts with a process like this."

The PDP in the state disowned Ibrahim as a member and dismissed the INEC action as a complete aberration.

'INEC's action an aberration'

"This development is not only shocking but a complete aberration as a man absolutely unknown to the party has been made our candidate," the Party's Director of Publicity, Ayo Fadaka said in a statement.

But he advised members to "remain calm as this development is a temporary setback that will certainly be reversed through the instrumentality of the law via the Court of Appeal. We are sure that justice will be done in this matter."

He thanked the people of the state for their support and steadfastness since the commencement of the campaign.

I'm still PDP's candidate, says Jegede

On his part, Jegede said: "Eyitayo Jegede, your son and brother, has not in any way abdicated the general consent given to him by the law-abiding members of the PDP to seek election into the office of the governor.

"Like I have always said, I am guided by the Almighty and the shared vision to transform this state to a land of wealth and prosperity. You remain my priority as we, in faith, match on to the Promised Land."

The State Government appealed for calm following the INEC action.

Information Commissioner Kayode Akinmade urged the people to refrain from self help,and explained that steps were being taken to ensure justice.

"Human blood is too precious to be sacrificed on the

altar of politics and politicking. The peace and tranquility that the

state is known for should be sustained," he said in a statement.

We won't join issues with masterminds-Jimoh

The Jimoh Ibrahim Campaign Organization blamed the protest of some

politicians it did not name.

Such politicians, its Director of Media and Publicity, Mr. Yemi Akintomide said, were using hoodlums to destabilise the state in the name of politics.

He said the crisis was unwarranted.

"Those who are behind the protest are well known to us but we are not

ready to join issues with them. We will only advise them to embrace

peace in the overall interest of our dear state," he said.

"We believe the police are already working and we are sure that they

are up to the task of ensuring peace in the state. We will not run

away from them but we will not join them in the violence too. They are

only crying wolf when actually there is none."

Jegede is authentic candidate, says PDP faction

The Ahmed Makarfi faction of the PDP, at an emergency press conference, insisted that Jegede remained the authentic candidate of the PDP in the state regardless of

the court judgment and INEC's decion.

Chairman of the faction, Mr Clement Faboyede, said the faction had appealed against the judgment of Justice Abang, adding that the decision of INEC was unfair.

Mr Adebayo Abayomi, the PDP Youth Leader in the state, expressed disappointment at the development while Mrs Esther Ebiwonjumi, a PDP women leader in the state, said the protesters were demonstrating to show their grievances and displeasure at the decision of INEC.

Order was eventually restored later in the day.

Police spokesman in the state, ASP Femi Joseph, told News Agency of Nigeria (NAN) that the police were committed to the protection of the life and property.

Joseph enjoined the people to keep calm.

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Appeal court reserves ruling of makarfi's motion over jimoh Ibrahim

The Court of Appeal Abuja division yesterday evening reserved in the motion filed by a factional Chairman of the Peoples Democratic Party, Ahmed Makarfi, and the faction's Secretary, Ben Obi, seeking leave to appeal against the Federal High Court's judgment which recognised Jimoh Ibrahim as the PDP's governorship candidate in Ondo State.

A three-man panel of the court presided over by Justice Jumai Sankey announced the reservation of ruling after entertaining arguments from parties.

The Independent National Electoral Commission (INEC) on Thursday, acting on the June 29 judgment of Justice Okon Abang and another enforcement judgment of the same judge on October 14, dropped Eyitayo Jegede's name and replaced it with that of Ibrahim.

Yesterday's proceedings, which witnessed the hearing of the motion jointly filed by Makarfi, Obi, and others, lasted about six and a half hours.

Makarfi and Obi filed their motion in the appeal CA/A/155/2016 seeking an extension of time to appeal and the leave to appeal as interested parties against the June 29.

Jegede also filed similar motion in his appeal numbered CA/A/155C/2016, but was adjourned till Tuesday for hearing to enable the respondents filed their responses.

The motions by Makarfi, Obi and Jegede were necessitated by the fact that they were not parties to the suit at the Federal High Court and failed to appeal within the statutory 90 days within which they ought to do so.

Makarfi and Obi's motion argued by their lawyer, Dayo Akinlaja (SAN), was opposed by the lawyer to the respondents, including the Biyi Poroye-led faction of the PDP in Ondo State, Alex Izinyon (SAN).

Poroye's faction which produced Ibrahim as the party's candidate belonged to the Ali Modu Sheriff, while Jegede belonged to Makarfi faction.

PDP's lawyer, Olagoke Fakunle (SAN), also opposed the motion.

But INEC's lawyer, Mr. Nelson Anih, said the commission would remain neutral.

A mild drama however played out when a lawyer representing the Ahmed Makarfi's leadership of the PDP, Robert Emukperho, made attempt to identify the appeal and other processes he filed for the PDP.

Fakunle, who claimed to also be appearing for the PDP asked that the court strike out the processes filed by Emukperho.

Justice Sankey adjourned hearing of the processes by Emukperho and Fakule's motion, asking the court to strike them out till today.

Sheriff, Makarfi and Obi were present in court on yesterday.

Meanwhile, Jegede withdrew his motion before the Court of Appeal in Abuja seeking to restrain the Independent National Electoral Commission over his candidacy in the forthcoming November 26 election.

The Chairman of the Makarfi-led faction of the PDP in Ondo State, Mr. Clement Faboyede, and the Secretary, Chief Oyedele Ibine, also withdrew their joint motion for stay of execution yesterday.

Their lawyer, Akinlaja, told the Justice Jumai Shankey-led three-man appeal panel that the withdrawal of the motions for stay of execution had been overtaken by the event of the INEC's decision to substitute Jegede's name with that of Jimoh Ibrahim late on Thursday.

While Jegede's motion was filed on October 25 in the appeal numbered CA/A/551C/2016, Faboyede's was filed on October 14 in the appeal numbered CA/551A/2016.

While earlier withdrawing Faboyede's motion, Akinlaja said the motion had become stale in view of the action the INEC took on Thursday.

He said, "We have a motion filed on October 14, 2014 seeking stay of execution and other injunction.

"But in view of the pre-emptive action taken by the 10th respondent (INEC) in doing exactly what the applicant (Faboyede) sought to stop by substituting a candidate that has already been submitted, the application has become stale," Akinlaja said.

But when it was the turn of Jegede's case, Akinlaja was reluctant to withdraw the motion for stay of execution.

Rather he urged the court to order INEC to reverse the substition of Jegede's name with that of Ibrahim.

On whether his application was proper in view of the fact that his client's motion, seeking the leave to appeal as an interested party was yet to be heard, he cited section 30 of the Court of Appeal Rules to argue that an application to appeal also constituted a proper appeal.

He however agreed to withdraw the motion when he realised the stance of the appeal panel.

 The court then struck it out but refused to grant the prayer of the some of the respondents' lawyers for an award of cost against the applicant.  

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OPEC develops framework to stabilize global oil market

  Following its meeting in September in Algiers, Algeria, the Organisation of Petroleum Exporting Countries (OPEC) has begun to develop a framework to stabilise the global oil market.

The Algerian meeting was where OPEC members agreed to cut output on 28th September to halt continued crude oil supply glut and shore up price. As a result of the landmark agreement, the meeting was tagged Algiers Accord.

The first meeting of the high-level committee of the Algiers Accord was held Friday in Vienna, Austria where the OPEC Secretary General, Mohammad Sanusi Barkindo called for cooperation among members of the Organisation to help achieve sustainable oil market stability.

He also mandated that the Committee develop a framework of high-level consultations between OPEC and non-OPEC producing countries.

Barkindo said: "Since the Algiers Accord, a 'road map for implementation' has already begun to take shape. This has emerged in the process of carrying out extensive consultations with other stakeholders on how best to honour and implement the Conference's decision - in the interest of all producers and consumers.

"Thus, OPEC has sought to use every occasion in recent weeks to advance the Accord. It has used additional platforms to confer with other producers. Similarly, OPEC has used other fora - like the G-24 Ministerial and the IMF/World Bank meetings in Washington, as well as the World Energy Congress in Istanbul - for extensive exchanges of perspectives on the current challenges facing not only the oil and gas industry but the global economy in general.

"The market has been out of balance for too long, due primarily to supply driven forces. These have led to a severe correction in prices, impacting required and timely investments, which is now threatening future supply. OPEC and non-OPEC must now come together and take coordinated and timely action for the common good of all.

"While we have seen the rebalancing process already underway, the physical market remains in surplus. A large stock overhang continues to persist. And today's excess stocks of around 300 million barrels calls for our collective and urgent action.

 "The recent high-level OPEC-Russia Dialogue meeting was a good reflection of the broader consultations with other producers that we continue to undertake in response. Personally, I also just visited Baghdad, Iraq - the birthplace of our Organization and a key founder member - in order to solidify the consensus of the Algiers Accord."  

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SAN denies link with EFCC's investigation of NIC judges

A Senior Advocate of Nigeria, Chief Adeniyi Akintola, has denied any link with the Economic and Financial Crimes Commission (EFCC) investigation of Justice Adbadu Fischin of the National Industrial Court (NIC) over alleged corruption.

An online publication had claimed the EFCC invited Akintola with other lawyers to its Abuja office, as part of its investigation into the matter.

Though Akintola is in Abuja, he denied being there to defend any indicted judge before the National Judicial Council (NJC), adding that such claims were not only false but also mischievous.

In a release he personally signed, Akintola said he only met and exchanged views with the Minister of Justice and Attorney-General, Mr. Abubakar Malami, SAN, over a newspaper interview in which Akintola had suggested states should domesticate the Administration of Criminal Justice Act (ACJA) to fasten the delivery of justice in Nigerian courts and fight corruption more effectively.

"My attention has been drawn to a publication linking me to a purported invitation by the EFCC over the investigation of Justice Fischin of the National Industrial Court," he said in the statement. "In the first place, I have not been invited by the EFCC over the issue. Secondly, I am not involved and have never been involved in bribery or attempt to bribe anyone in my life."

But he admitted Justice Fischin had been his personal friend and professional colleague for more than 20 years, during which they had supported each other in family matters, as is the practice in the judiciary.

"When he lost his father and mother in quick succession," he said of Justice Fischin, "he invited me to his village, but I could not attend but sent him N100, 000 on each of the occasions. He in turn," he added, "gave me the N50, 000 when I was burying my mother, and N25, 000 when I was giving my daughter away in marriage in 2014 and 2015 respectively."

 He insisted that such practice, of mutual support, was so established that even the EFCC, "with a covering letter", gave Justice Ibrahim Auta, Chief Judge of the Federal High Court, Abuja, "N500, 000, when he lost his mother for condolences,", adding that judicial officers were normal human beings that have relations, friends and course mates. "They are allowed by the code of conduct to receive reasonable gifts from friends, colleagues, etc," he said. He said he seldom appeared in the NIC, adding that the only case his chambers ever had there was handled by a junior and was lost, and was pending appeal before a higher court. 

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Diamond bank maintain stable growth in Q3 2016

   Diamond Bank yesterday released its Q3 2016 performance scorecard on the floor of the Nigerian Stock Exchange (NSE), showcasing moderate growth in key financial parameters. For the nine months under review, the group recorded a growth of 16.9 per cent in total assets, which grew from N1.753 trillion in the same period last year to N2.05 trillion. This was driven mainly by the value of the local currency and growth in customer deposits, which surged 13.6 per cent from N1.233 billion as at the end of September 2015 to N1.401 billion in the current business year, demonstrating the bank's strong ability and network to generate cheap deposits from the retail and middle market segments. Also, the bank grew its loan portfolio from N763.634 billion to N1.041 trillion, representing 36.4 per cent increase. Commenting on the results, Chief Executive Officer, Uzoma Dozie, stated that the bank's modest growth in the last nine months despite the inclement operating environment, was the result of management's focus on key strategic projections across the three core segments of retail, business and corporate banking, noting that the bank will continue to passionately pursue its technology-driven retail strategy to optimise cost and reap predictable bountiful results in the medium to long term. Uzoma said: "We believe the macro conditions and other external factors will remain challenging for the rest of the year and well into 2017. However, by pursuing our technology-led retail strategy and with our focus on innovation and scalability, we believe the bank is well-placed to benefit in the medium to long term from the favourable fundamentals in Nigeria, namely a large population, many of which remain unbanked. This strategy stands to benefit all stakeholders, including our shareholders and customers in the long run." Monetarists and analysts had, amidst the regulatory headwinds that characterized the industry in the last nine months, and the catalogue of macroeconomic challenges rocking the economy, predicted greyed results in the industry. But despite analysts' predictions, Diamond Bank recorded strong growth in non-interest income, which leapfrogged by 38.1 per cent to N37.6 billion. The bank grew its retail customer base to over 13 million, while the use of its mobile app by customers continues to grow as transaction count increased from 4.3 million to 7.9 million with volume surging from N4.3 billion to N8.5 billion year on year. 

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Group call for support for FG over recession

 

With the biting economic recession in the country, the Police Assistance Committee (PAC) and its affiliate Association of Tradesmen/ Women and Artisans have called on Nigerians to rally support for the Buhari administration to enable it succeed in its drive to combat recession and return Nigeria to economic boom.

At a two-day workshop held in Lagos on Small and Medium Enterprises (SMEs) organized for its members comprising Chief Security Officers (CSOs) of government and private establishments, chairmen, secretaries and PROs of associations and unions of tradesmen and artisans, the organization observed that the hard economic situation Nigerians are going through currently will be shortlived, if all hands must be on deck to support the various economic policies government is putting in place to diversify the economy towards non-oil sectors and the move to embrace locally produced goods.

In a communiqué signed by its Director- General, Dr. Martins John Oni, the PAC urged Nigerians to support the government anti- corruption fight which aims at instilling discipline in all our socio-economic lives, while also calling on the government to invest heavily in infrastructure to drive the economy.

Dr. Oni pledged that the PAC with members spread across the country will continue to assist our security agencies in the area of information dissemination and intelligence gathering to help in preventing and combating crime in the country. 

FULL VIEW 

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