This Supreme Court judgment amounts to a total breach of the confidence the Nigerian people have in our judiciary. To that extent, it is a show of unreasonable force against the very Nigerian people from whom the power of the Constitution derives. This Supreme Court ruling may represent the state of the law in 2023 but not the present demand for substantive   justice.  The   judgment   mixed   principles   and   precepts. Indeed, the rationale and premise of the Supreme Court judgment have become clearer in the light of the deep revealing and troubling valedictory   remarks   by   Hon.   Justice   Musa   Dattijo   Muhammad, (JSC) on Friday 27th October 2023.

This Supreme Court judgment amounts to a total breach of the confidence the Nigerian people have in our judiciary. To that extent, it is a show of unreasonable force against the very Nigerian people from whom the power of the Constitution derives. This Supreme Court ruling may represent the state of the law in 2023 but not the present demand for substantive   justice.  The   judgment   mixed   principles   and   precepts. Indeed, the rationale and premise of the Supreme Court judgment have become clearer in the light of the deep revealing and troubling valedictory   remarks   by   Hon.   Justice   Musa   Dattijo   Muhammad, (JSC) on Friday 27th October 2023.

This Supreme Court judgment amounts to a total breach of the confidence the Nigerian people have in our judiciary. To that extent, it is a show of unreasonable force against the very Nigerian people from whom the power of the Constitution derives. This Supreme Court ruling may represent the state of the law in 2023 but not the present demand for substantive   justice.  The   judgment   mixed   principles   and   precepts. Indeed, the rationale and premise of the Supreme Court judgment have become clearer in the light of the deep revealing and troubling valedictory   remarks   by   Hon.   Justice   Musa   Dattijo   Muhammad, (JSC) on Friday 27th October 2023.

 

 

Remarks at a Press Conference by Mr. Peter Gregory Obi, CON Presidential Candidate of the Labour Party on The Supreme Court Judgment of 26th October 2023 on the 2023 Nigeria Presidential Election Held in Abuja, FCT, on [Monday 6th November, 2023Protocols,

  1.Fellow countrymen and women. Gentlemen of the Media, Good day and welcome to this press conference.

Kindly permit me to make some brief remarks on the recent ruling of the Supreme Court, the highest court in Nigeria.

  1. About a fortnight ago, I was traveling abroad on a prior scheduled engagement when I received the notice that the Supreme Court would give judgment on Thursday 26th October 2023 on our challenge of the ruling   of   the   Presidential   Election   Petitions   Court   (PEPC).   That judgment has since been delivered as scheduled. The leadership of the Labour Party has already pronounced its position on the judgment.
  2. As someone who has previously benefited from the rulings of the Supreme Court on electoral matters, I have, after a period of deep and sober reflection, decided to personally and formally react to the recent judgment as most Nigerians have. Because we are confronted with   very   weighty   issues   of   national   interest,   I   will   speak forthrightly.   As   students   young   lads   at   CKC,   Onitsha,   we   were taught values and admonished to always;  “choose the harder right, instead of the easier wrong.”
  3. Setting legal issues aside, the Supreme Court exhibited a disturbing aversion to public opinion just as it abandoned its responsibility as a court of law and policy. It is, therefore, with great dismay that I observe that   the   Court’s   decision   contradicts   the   overwhelming   evidence   of election   rigging,   false   claim   of   a   technical   glitch,   substantial   non-compliance with rules set by INEC itself as well as matters of perjury, identity theft, and forgery that have been brought to light in the course of this election matter. These were hefty allegations that should not to be treated   with   levity.   More   appalling,   the   Supreme   Court   judgment willfully condoned breaches of the Constitution relative to established qualifications  and   parameters   for   candidates   in   presidential  elections. With   this   counter-intuitive   judgment,   the   Supreme   Court   has transferred   a   heavy   moral   burden   from   the   courtrooms   to   our national conscience. Our young democracy is ultimately the main victim and casualty of the courtroom drama.
  4. Without equivocation, this judgment amounts to a total breach of the confidence the Nigerian people have in our judiciary. To that extent, it is a show  of  unreasonable force  against the  very Nigerian people  from whom the power of the Constitution derives. This Supreme Court ruling may represent the state of the law in 2023 but not the present demand for substantive   justice.  The   judgment   mixed   principles   and   precepts. Indeed, the rationale and premise of the Supreme Court judgment, have become clearer in the light of the deep revealing and troubling valedictory   remarks   by   Hon.   Justice   Musa   Dattijo   Muhammad, (JSC) on Friday 27th October 2023.
  5. In disagreeing very strongly with the ruling of both the Presidential Petitions Court (PEPC) and the Supreme Court on the outcome of the 25th February 2023 Presidential election as declared by Independent National Electoral Commission (INEC), as democrats who believe in the rule of law, we recognize that the Supreme Court is the end stage of the quest for legal closure to the matter. As a party and as candidates, Datti and I have now exhausted all legal and constitutional remedies available to us. However, this end is only another beginning in our quest for the vindication of the hope of the common man for a better country. After all, sovereignty belongs to the people! If only for historical purposes, it behooves us to place our disagreement with and deep reservations about this judgment on public record.
  6. We have long been aware of  how weak national institutions have negatively   affected   our   democracy.   This   year   2023   has   been   quite remarkable and revealing.  INEC has displayed incompetence in the conduct   of   its   statutory   duty.   The   judiciary   has   largely   acted   in defiance of constitutional tenets, precedents, and established ground rules.   Political expediency has   preceded   judicial   responsibility.  A mechanical application of technicalities has superseded the pursuit of justice and fairness. Both INEC and the Supreme Court as the referees respectively shifted the goalposts in the middle of the game.
  7. Where the value and import of the recent Supreme Court ruling ends   is   where   our   commitment   to   a   New   Nigeria   begins.   Our mission and mandate remain unchanged. From the very onset, our mission has been more about enthroning a new Nigeria. It is a new nation where things work, where the country is led from its present waste and consumption orientation to a production-driven economy. Our   commitment   is   to   a   nation   anchored   on   the   principles   of prudent management  of  resources to   quickly pull  millions  out of multidimensional   poverty,   ensuring   transparency   and accountability   in   the   equitable   distribution   of   opportunities, resources, and privileges. In the new Nigeria, we aim to address all unmet needs by showing compassion for all those left behind by the present system.
  8. Going   forward,   we   in   the   Labour   Party   and   the   Obidient Movement are now effectively in opposition. We are glad that the nation   has   heard   us   loud   and   clear.   We   shall   now   expand   the confines of our message of hope to the rest of the country. We shall meet the people in the places where they feel pain and answer their needs  for hope. At marketplaces,  motor parks, town halls, board rooms,   and   university   and   college   campuses,   we   all   carry   and deliver the message of a new Nigeria. As stake holders and elected Labour Party officials, we shall remain loyal to our manifesto.We will continue to canvas for good governance and focus on issues that promote national interest, unity, and cohesion. We will continue to   give   primacy   to   our   Constitution,   the   rule   of   law,   and   the protection   of   ordered   liberties.   We   will   offer   the   checks   and balances   required   in   a   functional   democracy   and   vie   robustly   in forthcoming elections to elect those who share our vision of a new Nigeria.
  9. Given our present national circumstances, there is a compelling need for   a   strong   political   opposition.   We   shall,   therefore,   remain   in opposition,   especially   because   of   the   policies   and   the   governance modalities   that   we   in   the   Labour   Party   campaigned   for,   especially reducing the cost of governance, moving the nation from consumption to production, reducing inflation, ending insecurity, promoting the rule of law,   guaranteeing   the   responsibility   to   protect,   and   stabilizing   the Nigerian   currency;   are   clearly   not   the   priorities   of   the   present administration nor is it interested in achieving Sustainable Development Goals (SDGs).
  10. If there is one thing that has immensely gladdened my heart in the course of the struggle of the past 18 months, it is the passionate desire of our people, especially our young people from across ethnic and religious divides, to construct a new and restructured Nigeria that will work for all Nigerians. That goal remains my guiding light and abiding inspiration.
  11. Finally, I thank all Nigerians who believed in what is now only a revolution postponed. We deeply appreciate the unalloyed non-partisan moral support millions of youth and ordinary Nigerians across ethnic, religious, and geopolitical divides have continued to give to Dr. Datti Baba-Ahmed and me.
  12. We   extend   our   heartfelt   gratitude   to   the   Nigerians   who   have supported this mission  from the onset.   We salute the leadership and members of the Labour Party, the Obidient Movement, the Obi-Datti Presidential   Campaign   Council,   Nigerians   in   the   Diaspora,   Support Groups, and all people of goodwill who worked diligently and hoped for the realization of the beginnings of a New Nigeria in this election cycle.
  13. Nigerians who supported our cause have done so out of patriotism and   their   sincere   conviction   that   our   nation   requires   and   deserves dedicated and visionary leaders who will lead Nigeria toward a brighter future. The energy and dedication of  Nigerian Youths and the Obedient Movement have been simply amazing. I appreciate and salute them! I want to assure them that this is not the end of our journey; but in fact, the beginning. Nigeria heard you. The world has taken note and will not forget so easily. We shall endure, persist, until we get to our destination because a new Nigeria is our destination. A destination not an event.
  14. We thank, in a special way, our legal team. We also thank our elder States-Men, whose wise counsel were immeasurable  To them, we wish to   state   unequivocally   that   this   judicial   outcome   –   an   obvious misrepresentation of substantial justice – has by no means foreclosed the realization of a new Nigeria that is Possible.
  15. On a personal note, I take personal pride and express gratitude to those who share our vision; and who have also exhibited rare courage to challenge the nefarious system, the genuineness of individuals’ identities and  their  defining  and  qualifying  particulars  up  to  the  highest  extent allowed by law. Nigeria holds out hope of infinite possibilities leading to our   desirable   greatness.   I   remain   consistent   in   my   belief   in   the possibility of a new Nigeria built on character competence, capacity, compassion, integrity, and respect for the rule of law based on justice and fairness.
  16. God bless us all. God bless the Federal Republic of Nigeria.

Mr. Peter Gregory Obi, CON Presidential Candidate of Labour Party.

Obi –Datti Campaign Organization Office Abuja, FCT.Monday 6th November 2023.

 

 

 

November 6, 2023

Press Statement

Imo: Emulate IGP, Remove Sylvia Agu as Imo REC to Avert Crisis- PDP Cautions INEC Chairman Again

The Peoples Democratic Party (PDP) again charges the Chairman of the Independent National Electoral Commission (INEC) Prof. Mahmood Yakubu, to immediately redeploy the Imo State Resident Electoral Commissioner (REC), Prof. Sylvia Agu, for allegedly being compromised to manipulate the November 11, 2023 governorship elections in Imo States in favour of the All Progressives Congress (APC).

The PDP urges the INEC Chairman to take a cue from the Inspector General of Police who redeployed the Commissioner of Police in Imo State in response to the outcry and demands of the people for neutrality in the November 11, 2023 governorship election in the State.

Prof. Yakubu should forestall an impending crisis in the Imo State election by heeding the insistent outcry, Petitions and Protests by the people of Imo State, Political Parties, Civil Society Organizations as well as Ohaneze Youth Council for the removal of the Prof. Sylvia Agu who has been allegedly compromised by the APC.

The people of Imo State cannot accept any electoral process with Prof. Agu as REC, given her reported role in the brazen manipulation of the 2023 National and House of Assembly elections in Imo State in favour of the APC, which is still in the public domain.

The redeployment of Sylvia Agu out of Imo State is therefore the only way to restore confidence in the electoral process, guarantee a credible election and avert crisis in the State.

This is especially so as there are very disturbing allegations in the public space of clandestine meetings between Prof. Agu and certain APC agents said to have been facilitated by her close relative, who is an APC national officer, ahead of the November 11, 2023 governorship election in Imo State.

The PDP calls on the INEC Chairman to note that the integrity of an election principally lies in the confidence of the electorate in the electoral process.

Prof. Sylvia Agu has lost the rectitude as Resident Electoral Commissioner and should not be part of the conduct of the November 11, 2023 governorship election. Her continuing stay in office as Imo REC is vexatious and a recipe for crisis.

The PDP therefore restates its demand on the INEC Chairman to immediately redeploy Prof. Sylvia Agu out of Imo State so as to restore the confidence of the people and the integrity of the electoral process.

Signed:

Hon. Debo Ologunagba

National Publicity Secretary

 

 

STATE HOUSE PRESS RELEASE

PRESIDENT TINUBU CONDOLES WITH CANADIAN GOVERNMENT AND VICTIMS OF FCT FIRE INCIDENT

President Bola Ahmed Tinubu sympathizes with the Canadian government, diplomatic community, and all persons affected by a fire incident which occurred on Monday at the Canadian High Commission in Abuja.

The President assures the Canadian authorities of the full support of the Nigerian government in the aid of diplomatic and local staff of the High Commission who were particularly affected by the incident.

President Tinubu prays for the repose of the departed souls and wishes all injured persons a rapid and full recovery.

Chief Ajuri Ngelale

Special Adviser to the President

(Media & Publicity)

November 6, 2023

 

 

NEITI report: SERAP sues Tinubu over failure to probe missing $15bn, N200bn oil revenues

 

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over “the failure to probe the grim allegations that over US$15 billion oil revenues, and N200 billion budgeted to repair the refineries in Nigeria are missing and unaccounted for between 2020 and 2021.”

 

The allegations are contained in the 2021 report by the Nigeria Extractive Industries Transparency Initiative (NEITI).

 

In the suit number FHC/L/CS/2334/2023 filed last Friday at the Federal High Court in Lagos, SERAP is seeking: “an order of mandamus to direct and compel President Tinubu to probe the allegations that US$15bn of oil revenue, and N200bn budgeted to repair and maintain the refineries in Nigeria are missing and unaccounted for.”

 

SERAP is also seeking: “an order of mandamus to compel President Tinubu to direct appropriate anti-corruption agencies to probe allegations of corruption involving the Nigerian Petroleum Development Company Limited, Nigerian Upstream Petroleum Regulatory Commission (NPDC) and State Owned Enterprises (SOE).”

 

SERAP is also seeking: “an order of mandamus to compel President Tinubu to use any recovered proceeds of corruption to enhance the well-being of Nigerians.”

 

In the suit, SERAP is arguing that: “There is a legitimate public interest in ensuring justice and accountability for these serious allegations. Granting the reliefs sought would end the impunity of perpetrators and ensure justice for victims of corruption.”

 

SERAP is also arguing that, “The allegations of corruption documented by NEITI undermine economic development of the country, trap the majority of Nigerians in poverty and deprive them of opportunities.”

 

According to SERAP, “Unless the President is directed and compelled to get to the bottom of these damning revelations, suspected perpetrators would continue to enjoy impunity for their crimes and enjoy the fruits of their crimes.”

 

SERAP is arguing that, “Many years of allegations of corruption and mismanagement in the spending of oil revenues and impunity of perpetrators have undermined public trust and confidence in governments at all levels.”

 

SERAP is also arguing that, “The findings by NEITI suggest a grave violation of the provisions of the Nigerian Constitution 1999 [as amended], national anticorruption laws, and the country’s obligations under the UN Convention against Corruption.”

 

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Andrew Nwankwo, and Ms Valentina Adegoke, read in part: “The Tinubu government has a constitutional duty to ensure transparency and accountability in the spending of the country’s oil wealth.”

 

“SERAP is seeking an order of mandamus to direct and compel President Tinubu to put in place mechanisms for accountability and transparency in the oil sector.”

 

“Section 13 of the Nigerian Constitution imposes clear responsibility on the government to conform to, observe and apply the provisions of Chapter 2 of the constitution. Section 15(5) imposes the responsibility on the government to ‘abolish all corrupt practices and abuse of power’ in the country.”

 

“Under Section 16(1) of the Constitution, the government has a responsibility to ‘secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.’”

 

“Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”

 

“Similarly, articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the government to ensure proper management of public affairs and public funds, and to promote transparent administration of public affairs.”

 

“The UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption obligate the government to effectively prevent and investigate the plundering of the country’s wealth and natural resources and hold public officials and non-state actors to account for any violations.”

 

“Specifically, article 26 of the UN convention requires the government to ensure ‘effective, proportionate and dissuasive sanctions’ including criminal and non-criminal sanctions, in cases of grand corruption.”

 

“Article 26 complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption allegations.”

 

“Nigeria is also a participating state of the Extractive Industries Transparency Initiative (EITI), which aims to foster greater governmental accountability for the use of natural resource wealth through the creation of a set of international norms on revenue transparency.”

 

“EITI also aims to tackle corruption, poverty and conflict associated with natural resource wealth. Nigeria has the obligations to implement the EITI Standard, which sets out the transparency norms with which participating States including Nigeria must comply.”

 

“According to the 2021 report by NEITI, government agencies including the Nigerian Petroleum Development Company (NNPC) and the Nigerian Upstream Petroleum Regulatory Commission (NPDC) failed to remit $13.591 million and $8.251 billion to the public treasury.”

 

“The NNPC and NPDC failed to remit over 70% of these public funds. NEITI wants both the NNPC and NPDC to be investigated, and for the missing public funds to be fully recovered.”

 

“The report also shows that in 2021, the State Owned Enterprises (SOE) and its subsidiaries (the NNPC Group) reportedly spent US$6.931billion on behalf of the Federal Government but without appropriation by the National Assembly. The money may be missing.”

 

“The NNPC also reportedly obtained a loan of $3 billion in 2012 purportedly to settle subsidy payments due to petroleum product marketers but there is no disclosure of the details of the loan, subsidy and the beneficiaries of the payments.”

 

“The report also shows that N9.73 billion was paid to the NNPC as pipeline transportation revenue earned from Joint Venture operations but the money was neither remitted to the Federation nor properly accounted for.  The NPDC in 2021 also failed to remit $7.61 million realized from the sale of crude oil.”

 

“The report documents that about N200 billion was spent on ‘refineries rehabilitation’ between 2020 and 2021 but ‘none of the refineries was operational in 2021 despite the spending.’ NEITI wants the spending to be investigated, as the money may be missing.”

 

Joined in the suit as Respondent is Mr Lateef Fagbemi, SAN, the Attorney General of the Federation and Minister of Justice.

 

No date has been fixed for the hearing of the suit.

 

 

Kolawole Oluwadare

SERAP Deputy Director

5/11/2023

Lagos, Nigeria

Emails: info@serap-nigeria.orgnews@serap-nigeria.org

Twitter: @SERAPNigeria

Website: www.serap-nigeria.org

For more information or to request an interview, please contact us on: +2348160537202

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