Oduduwa News

Human rights lawyer, Femi Falana (SAN), has called for a review of the judgments delivered by the Court of Appeal which sacked three opposition governors.

Lagos Reporters understands that Falana made this call on Sunday, during an interview on Channels TV.

Recall that the Independent National Electoral Commission (INEC) had declared Abba Yusuf (Kano), Dauda Lawal (Zamfara) and Caleb Mutfwang (Plateau) as duly elected governors of their respective states in the March 2023 governorship elections.

The Court of Appeal, however, in separate judgments, sacked the governors who were members of the opposition New Nigeria Peoples Party (NNPP) and the Peoples Democratic Party (PDP).

In Kano, the Court of Appeal declared the All Progressives Congress governorship candidate, Nasir Gawuna, the winner of the poll.

It also ruled that the poll in Zamfara State was inconclusive and ordered INEC to conduct a fresh election in three local government areas of the state.

In a separate judgment, the appellate court ordered INEC to issue a Certificate of Return to APC’s Nentawe Goshwe in Plateau State.

Speaking during the interview, Falana said, “If you look at what happened in Lagos is different from what happened in Plateau. You are being told in Plateau that there was a judgment of the High Court to the effect that primaries have to be conducted. The judgment, as usual, was dishonoured and disobeyed and the election went on.

“It is different from Kano where you are being told that voters can be punished. It is a very dangerous judicial policy to sanction voters for the mistake of electoral officers.

“We are being told that 165,000 votes are wasted, they are invalid because some electoral officers committed an error by not stamping them. How does that affect the validity of the election?

I do hope that this time around, the Supreme Court will resolve these needless controversies surrounding the non-stamping of ballot papers by INEC officials who have not been recommended for any sanction.

“This is why these judgments will have to be reviewed.”

The Speaker of Osun State House of Assembly Speaker, Rt. Hon. Adewale Egbedun has responded to the NBA and Mr Femi Falana on the ongoing investigation of the allegations against the Chief Judge of Osun State, Hon. Justice Adepele Oyebola Ojo.

In a statement released on Monday, 20 November 2023, the Chief Press Secretary to the Speaker, Olamide Tiamiyu, declared that the Osun State House of Assembly has no intention of encroaching on the constitutional duties of the National Judicial Council. Instead, the Osun State House of Assembly is fulfilling its constitutional duty of exposing corruption as stipulated in Sections 128 (2) (b) of the 1999 Constitution of the Federal Republic of Nigeria, which provides as follows:

“(2) The powers conferred on a House of Assembly under the provisions of this section are exercisable only for the purpose of enabling the House to-

(b) expose corruption, inefficiency of waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.”

Given that the Osun State House of Assembly received several petitions alleging corruption against the Chief Judge of Osun State, the Osun State House of Assembly would have been negligent and in breach of its constitutional responsibilities if it had ignored the petitions.

For the benefit of the public, some of the allegations against the Chief Judge are:

1. Diversion of the funds for the State Judiciary Library.
2. Diversion of the robe allowance of a brother judge of the Osun State High Court which is about #5,000,000 : 00 (Five Million Naira).
3. Indiscriminate suspension of Judicial staff without going through the Judicial Commission and diversion of their salaries.
4. Diversion of revenue due to the Government from filing electronic affidavits through the sole appointment of a consultant by the Chief Judge. In this case, the consultant makes #1000 on an affidavit as against just #250 that is being remitted to the state coffers.
5. Disobedience of a Court judgement that discharged and acquitted a judicial staff of the allegation of embezzling #30,000 typing sheet fund.
6. Diversion of the proceeds that was recovered from the convicted armed robbers of the Ikirun robbery.

The Osun State House of Assembly is aware of the position of the 1999 Constitution of the Federal Republic of Nigeria and the decisions of the Supreme Court in various cases stating that the Governor of a State and the House of Assembly cannot remove a Chief Judge from office without the participation of the National Judicial Council.

Therefore, we urge commentators to be cautious in their utterances, as they may convey the misconception that the Osun State House of Assembly has removed or intends to remove the Chief Judge of Osun State without the involvement of the National Judicial Council.

It is pertinent to also clarify that the Osun State House of Assembly was not named as a defendant in the lawsuit filed by the Chief Judge of Osun State at the National Industrial Court, Ibadan. Moreover, the Osun State House of Assembly has not been served with any injunction related to this lawsuit, so it is false for anyone to insinuate that the House of Assembly acted in contravention of an order of a Court of competent jurisdiction.

Finally, the Osun State House of Assembly wishes to emphasize that it will not be deterred or influenced by the misguided interpretations of its actions. It is important to note that the House is committed to upholding the Constitution and will not abuse its constitutional powers to achieve unconstitutional objectives. The Osun State House of Assembly stands firm in carrying out its constitutional responsibilities and will not succumb to any form of intimidation.

The Peoples Democratic Party (PDP) Forever Initiative has given Governor Rotimi Akeredolu of Ondo State 72-hour ultimatum to either resume his duties or hand over power to his deputy for effective management of the state.

Speaking in Abuja, Obande Gideon Obande, the National Coordinator of the PDP Forever Initiative, said it is important not to let Governor Akeredolu’s health condition affect governance and such, he has to hand over power to his deputy.

Obande highlighted past instances, cited the case of former President Umar Musa Yar’Adua, who was sick and unable to transfer power to the Vice President before leaving the country. In that situation, the PDP invoked constitutional powers, allowing the Vice President to serve as Acting President.

Obande also cited the case in Taraba State, where the late Governor Danbaba Suntai had an air crash. The PDP took swift action to address the crisis.

Obande questioned why the APC-led government in Ondo State couldn’t bring order to the State Assembly and promote a harmonious relationship between the Deputy Governor and the Governor’s family.

He said, “What is so difficult about bringing order to the State Assembly and ensuring a smooth working relationship between the Deputy Governor and the sick Governor’s family? Our country belongs to all of us, regardless of political affiliations. Therefore, we cannot stand idly by while our nation suffers.”

The convener of the PDP Forever Initiative sought guidance on the appropriate course of action when the governor is assumed unfit to manage the state and the deputy is not allowed to act.

Obande emphasized that if the governor doesn’t resume duty or hand over power within 72 hours, the PDP Forever Initiative will have no choice than to occupy the Ondo State Government House to reinforce their demand.