The Code of Conduct Tribunal has convicted the former Chief Justice of Nigeria, Justice Walter Onnoghen of breach of Code of Conduct for Public Officers.
Reading the lead judgment, the tribunal chairman, Danladi Umar, ordered the immediate removal of Onnoghen, 68, from office as the CJN.
The Tribunal also stripped him of all offices earlier occupied, such as the Chairman of the National Judicial Council and also the chairmanship of the Federal Judicial Service Commission.
The tribunal also ordered the forfeiture of the five accounts which defendant failed to declare as part of his assets.
The tribunal also ordered the forfeiture of the money in the five accounts which Onnoghen failed to declare to the Federal Government.
Three punishments were imposed on him as the sentence for his offences as charged.
Although Onnoghen had been on suspension since January 25, 2019 and had reportedly resigned on April 4, the tribunal ordered his removal from office as the Chief Justice of Nigeria and also as the chairman of both the National Judicial Council and the Federal Judicial Service Commission.
Reading the judgment of the three-man bench, its chairman, Danladi Umar, also ordered the forfeiture of the funds in the five bank accounts which the defendant was said to have failed to declare as part of his assets in breach of the Code of Conduct for Public Officers.
Onnoghen was convicted on the six counts preferred against him.
Specifically, the Federal Government, acting through the Code of Conduct Bureau, had, in the charges filed on January 11, accused Onnoghen in the first count of failure to declare his assets to the bureau between June 2005 and December 14, 2016.
In the rest of the five counts, the defendant was alleged to have falsely declared his assets on December 14, 2016, by allegedly omitting to declare his domiciliary dollar, euro and pound sterling-denominated accounts, as well as his two naira accounts, all maintained with the Standard Chattered Bank (Nig.) Ltd.
Before passing the sentence, the tribunal chairman noted that Onnoghen, who only called one witness, failed to dispute the evidence of the three prosecution witnesses.
He said, “The tribunal, having considered the case of the prosecution and documents tendered without objection, find the exhibits tendered worthy of consideration.
“The evidence of Prosecution Witness 1, Prosecution Witness 2 and Prosecution Witness 3 was not disputed.
“The statement of the defendant made in his handwriting alluding to forgetfulness to declare the five accounts is enough to hold that the defendant clearly contravened the Code of Conduct for Public Officer.”
Convicting the erstwhile CJN, the tribunal chairman said, “Having regard to Section 23(2) of the Code of Conduct Tribunal and Bureau Act, the defendant has clearly contravened the Code of Conduct for Public Officers and he is here by convicted.”
The Comptroller General of Customs (CGC), Col. Hameed Ali (rtd), has said the Nigeria Customs Service (NCS) will by 12:00am of Wednesday, open its portal for the recruitment of 3,200 officers and men to fill existing vacancies which will last for the next three weeks.
Col. Ali, who was represented by the acting Deputy Comptroller General (DCG), Human Resources Development, Sanusi Umar, during a briefing at the NCS headquarters in Abuja on Tuesday, said the recruitment exercise got the approval of the Federal Executive Council (FEC) and is in compliance with requirements of the Federal Character Commission (FCC).
“We are actively engaged with the Commission to ensure that the process will earn a certificate of compliance on merit,” he noted.
Further explaining the process, he said the recruitment will be conducted to fill 800 space in the Support Staff for Superintendent Cadre category, while the 2,400 space will go for Customs Inspector and Customs Assistant Cadre in the General Duty category.
To properly inform the public, he said the information is being carried by seven national dailies from today while a web portal for applications has been created as a sub-domain of the NCS website.
He gave the sub-site to be www.vacancy.customs.gov.ng adding that it will be opened for three weeks.
While it assured of a hitch-free process during the three week period of the online application submission, NCS said, “We are determined to conduct an exercise that is credible, fair and transparent. We will deploy all machineries within our powers to ensure that the integrity of the exercise is not compromised.”
It warned members of the public to beware of fraudsters and criminals who may be operating illegal sites and portals and collect money from applicants.
“I want to reiterate that the portal for this exercise can only be accessed through the official service website where NO FEES will be demanded,” Ali noted.
The Department of Justice of the United States of America has confirmed that there is an existing contract between the Peoples Democratic Party and its presidential candidate, Alhaji Atiku Abubakar, and a US-based law firm, Fein & DelValle PLLC, according to a report by the International Centre for Investigative Reporting.
The law firm, based in Washington DC, was hired to get acknowledgement that Abubakar is “the authentic President of Nigeria” based on PDP’s grounds for challenging the declared results of the 2019 presidential election in Nigeria.
The incumbent, Alhaji Muhammadu Buhari, was pronounced the winner of the election by the Independent National Electoral Commission.
The report by ICIR was based on the revelation of a non profit research group based in Washington DC, Centre for Responsive Politics.
Abubakar’s media aide, Paul Ibe, and the PDP had before now denied any existing contract with any firm in the US.
However, the report released early on Friday by ICRC revealed that Abubakar’s claim that the report about his contract with the US firm is a “total fabrication” is false.
Information on the US Justice Department’s FARA portal establishes that such contract exists, where Abibakar is seeking to be acknowledged abroad as “the authentic President of Nigeria” based on PDP’s grounds for challenging the declared results.
The contract was activated on April 2, 2019.
A fact sheet showed that Abubakar also had such a contract with JC Watts Companies between 2004 and 2005.
Abubakar was then the Vice President of Nigeria in the administration of former President Olusegun Obasanjo.
Gov Wike embracing Friday Opurum
Report has it that the voluntary traffic warden who bagged the Rivers State Merit Award last year, has been forced out of his house in Port-Harcourt, the state capital.
Mr. Friday Opurum was decorated last year by the Governor of Rivers State, Nyesom Wike and was promised several benefits including a house amidst fanfare and in the full glare of the press.
Friday OPURUM brandishing his recognition certificate amidst fanfare and celebration
According to reports, Mr. Oporum is yet to receive any of the promises made to him.
Mr. Friday Opurum was yesterday forced out of his one room apartment at Oroworuko, along Aba Road by the landlord for failing to pay his house rent since June 2018.
With the big Rivers State government title attached to his short lived media popularity, Mr Opurum is currently homeless. Mr Friday and his wife were pictured evacuating their properties out of their one room apartment after the landlord forced them out.
~ See Current Condition Of Traffic Warden Who Was Awarded By Governor Wike (Photos)
Friday Opurum being ejected from his residence for his inability to pay his rent
Yusuf Dogara, House of Reps speaker and Bukola Saraki, Senate President
The Abuja Division of the Federal High Court, on Thursday, accused the Senate President, Dr. Bukola Saraki, Speaker of the House of Representatives, Hon. Yakubu Dogara, and 52 other lawmakers of engaging in misconduct by arresting judgment on a suit that is seeking to declare their seats vacant for defecting from political parties that brought them to power.
The court, in a ruling that was delivered by Justice Okon Abang, decried what it termed as “frustrating conduct” of the lawmaker who it said disrespected its authority by approaching it to suspend an already prepared judgement.
The judgment was sequel to
a suit that was lodged before the court on September 14, 2018, by a non governmental organization under the aegis of Legal Defence and Assistance Project, LEDAP.
The Plaintiff had through its lawyer, Mr. Chino Obiagwu, SAN, prayed the court to declare the seat of 54 lawmakers, including that of Saraki and Dogara, vacant in accordance with Section 68 of the 1999 Constitution, following their defection from the political party that sponsored them.
The outcome of the suit will affect lawmakers within the fold of both the ruling All Progressives Congress, APC, and the Peoples Democratic Party, PDP.
Those the Plaintiff is asking the court to void their continued stay at the National Assembly, included the former Minority Leader of the Senate, Godswill Akpabio, Senators Dino Melaye, Rabiu Kankwaso, Lanre Tejuoso, Shaaba Lafiagi, Rafiu Ibrahim, Barnabas Gemade, Abdulazeez Nyako, Monsurat Sunmonu, Usman Nafada, Suleiman Hunkuyi, Ibrahim Danbaba, Ubale Shittu, lsah Misau, Suleiman Nafif.
Hon. Zakari Mohammed, Hon. Aminu Shagari, Hon Ooker-Jev, Hon. Rufai Chanchangi, Hon. Abdulsamad Dasuki, Hon. Sani Zoro, Hon. Benjamin Okolo, Hon. Bode Ayorinde, Hon. Sani Rank, Hon. Dickson Tarkighir, among others.
Contending that the Defendants had no business at the National Assembly haven dumped the political party on which they were elected into office contrary to section 68 of the Constitution, the Plaintiff, applied for an order of mandamus to compel the Deputy Senate President and his counterpart at the House of Reps, to declare their seats vacant to allow the Independent National Electoral Commission, INEC, to conduct bye-elections to fill the positions.
It further prayed the court to order the Defendants to refund all salaries and emoluments they received after their defection.
Equally cited as Defendants in the matter were INEC, the Attorney General of the Federation, the Deputy Senate President and the Deputy Speaker of the House of Reps.
Meantime, shortly after the matter was called up for judgment, Saraki and his co-defendants, through their lawyer, Mr. Mahmud Magaji, SAN, insisted they were not aware that the suit was pending against them.
Magaji told the court that after Saraki became aware of the suit, he wrote a letter to the Deputy Chief Registrar of the court to be allowed access to all the processes that were filed in respect of the matter.
“On perusing through the file, the Registrar said we have to pay a penalty which was calculated at N91, 000.00.
“We made the payment via Fidelity account that was given to us and we quickly filed a motion of conditional appearance. We also filed another motion challenging the locus-standi of the Plaintiff and jurisdiction of this court to even entertain the suit.
“The motions have been served on the Plaintiffs and it is in the court’s file”, Magaji submitted.
Placing reliance on section 6(6) of the 1999 Constitution, Magaji, SAN, argued that the court had powers to temporarily suspend the judgment to consider the pending applications.
“It is trite that the issue of jurisdiction can be raised at any time. It can be raised orally even on the day of judgment, including at the Supreme Court.
“It is in this regard that we seek the indulgence of your lordship to admit and allow us to our processes”.
He argued that the suit was grossly defective since the name of a late lawmaker was still retained as the 41st Defendant.
“What we are saying is that the court should tarry awhile and hear the other side now that certain facts are now available to the court”.
However, counsel to the Plaintiff, Mr. Ede Uko, urged the court to strike out the applications and proceed with the judgment.
“My lord one thing is pointed out this morning and it is the bid by the Defendants to arrest the judgment of this court. I submit that the application of the Defendants is seeking to arrest the judgment.
“The conduct of the Defendants in this case is not worthy of any sympathetic consideration.
“They were duly served with processes of this court. They briefed a counsel who appeared in the matter in the last two adjournments.
“That counsel sought and obtained leave of the to court to file processes. He did not come again to file anything.
“What the Defendants are doing in this case is like a drowning man that is seeking to hold on to an imaginary straw to keep afloat.
“They were served with the processes and they had all the time to respond but they conceded their right to be heard. Today they are coming cunningly and in further disrespect to the court and processes served on them.
“The defendants can raise their perceived issue of jurisdiction before the Court of Appeal.
“We urge the court to discountenance the application as incompetent, provocative and unmeritorious. It is targeted to irritate and annoy this court and the Plaintiff. It constitutes a gross abuse of the judicial process”, he added.
In his ruling, Justice Abang noted that records of the court indicated that all the Defendants were duly served with the legal processes through substituted means.
The court further noted that sequel to the service, one Peter Udeogu announced his appearance for Saraki in the matter, though none of the other Defendants sent legal representatives.
Justice Abang decried that the affected lawmakers failed to consider the implication of their failure to respond to the suit, saying “they treated this court with disdain and levity”.
“Having been duly satisfied that the court had given them an opportunity to be heard, I then allowed the Plaintiff to argue his case after which the court adjourned the case till today (Thursday) for judgment”.
Justice Abang berated Saraki and his colleagues who he said “hurriedly briefed another lawyer to file various processes with the aim of arresting the reserved judgement which I consider to be of national importance”.
According to him, “conduct of the Defendants amounted to slapping the court in the face”.
Nevertheless, the court said it would in the interest of justice and fair hearing, “tarry awhile”, to enable the Defendants to respond to the suit if they so wish.
It held that proceeding with the prepared judgment in the face of the fresh development in the case would amount to breach of fundamental rights of the lawmakers.
“For the court to go ahead and deliver the judgment that is ready will amount to wrong exercise of discretion.
“Notwithstanding the disrespectful conduct of the distinguished lawmakers, what is playing out today can be summarized in the latin maxim, ‘Audi alteram partem’, which is to allow the other party to be heard.
“This has nothing to do with the merit of the case. The Defendants should be heard before the judgement.
“The Defendants have prayed for enlargement of time to file their processes.
“I will reluctantly suspend the reserved judgement to enable them to file their processes”, Justice Abang held.
Besides, he stressed that owing to the seriousness of the case, the judgement must be delivered before the expiration of the tenure of the lawmakers.
The matter was subsequently adjourned till Friday for hearing.
Specifically, the Plaintiff, in the suit marked FHC/ABJ/CS/996/2018, is seeking: “A declaration that by virtue of Section 68 (I) (g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), any member of the National Assembly who resigns from the political party that sponsored his election into the National Assembly, before the expiration of the term for which he was elected, automatically loses his seat in the Assembly, unless saved by the exception under that section.
“A declaration that the 1st to 52nd defendants are no longer members of the National Assembly and as such are no longer entitled to receive remunerations due to a member of the National Assembly and that any or such remunerations received by the 1st to 52nd defendants after the date of defection must be refunded to the Federal Government.
“A declaration that by virtue of the provisions of Section 57 of the Constitution and Section 8 (2) (d) of the Legislative Houses (Powers And Privileges) Act 2018, it is unconstitutional and a punishable offence for the 1st to 52nd defendants to continue sitting as Senators and Honorable members of the National Assembly after defecting from the parties that sponsored their elections into the National Assembly.
“A declaration that effective from the date of defection, any debate or motion before the National Assembly that any of the 151 to 52nd defendants participates in or votes on, is null and void.
“An order of mandamus, compelling the Deputy Senate President and the Speaker of the House of Representatives to declare the seats of 1st to 52nd defendants in their respective chambers vacant.
Likewise, “An order directing the Independent National Electoral Commission (INEC) to conduct bye-elections in the federal constituencies and senatorial zones of the defendants within the time frame allowed under the Electoral Act”.
The Plaintiff asked the court to determine whether by virtue of Section 68 (I) (g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), any member of the National Assembly who defected from the party that sponsored his election into the National Assembly, before the expiration of the term for which he was elected would not automatically lose his seat in the Assembly, unless saved by the exception under that section?
Other questions posed before the court included, “Whether by virtue of section 68(2) of the Constitution, the Deputy Senate President and the Speaker of the House of Representatives are not bound by duty to declare the seats of the 1st to 52nd defendant s in the Senate and the House of Representatives as the case may be, vacant?
“Whether by virtue of the provisions of Section 57 of the Constitution, it is not an offence for the 1st to 52nd defendants to continue sitting and voting in the National Assembly, after resigning from the party that sponsored their elections into the National Assembly?
“Whether the Independent National Electoral Commission is under a legal obligation to conduct bye-elections in the senatorial zones and the federal constituencies of the defendants as the case may be, within the time frame provided under the electoral Act?”
Nigeria Labour Congress, NLC, on Thursday expressed concern over President Muhammadu Buhari’s delay in signing the National Minimum Wage (Amendment) Bill into law.
The NLC General Secretary, Dr Peter Ozo-Eson, expressed the feeling in an interview with News Agency of Nigeria (NAN) in Abuja.
Ozo-Eson said that the delay by Mr. President over the minimum wage for workers in the country had become very worrisome to the labour movement.
He said the organised labour was concerned that it had taken long since the transmission of the bill from the National Assembly to the Presidency.
“We had thought that given all processes before arriving at that point, the long delay in setting up a tripartite committee, the long period before the tripartite committee to now finalise and all the debates that had gone on’’ the president would have signed the bill into law.
“We thought that this was something Mr. President would assent to very quickly because as we had earlier indicated, we would want this implementation to be before May.
“Our position is to call on Mr. President to, without further delay, assent to the New National Minimum Wage Bill so that workers can start to enjoy the new minimum wage implementation before May Day.’’
The general secretary, however, noted that apart from the public sector, workers in the private sector were also waiting for the law to be implemented in order to make their own full negotiations and plans.
He said that in implementing the new wage would also allow the economy to be operated in an environment of certainty.
He said the delay was unfortunate.
“ So we want to appeal to Mr. President to assent to that bill without further delay,” he said.
Atiku Abubakar, Nigeria's former Vice-President and presidential candidate of the Peoples Democratic Party (PDP), is currently lobbying the United States of America for support in his quest to challenge the outcome of the February 23 presidential election.
The Independent National Electoral Commission (INEC), declared President Muhammadu Buhari, candidate of the All Progressives Congress (APC), winner of the election, announcing he polled 15,191,847 votes while his closest challenger, Atiku Abubakar, secured 11,262,978 votes.
However, according to a report by the Centre for Responsive Politics (CRP), a research group dedicated to tracking money in US politics and its effects on elections and public policy, published on Monday, Atiku has enlisted the assistance of two high-powered lawyers in Washington DC, to "help in his legal challenge after his election loss".
Atiku had filed a suit before the Presidential Election Petition Tribunal challenging the outcome of the election and insisting that he won the election.
According to the report, "Abubakar has ties to those in Trump’s orbit, having hired political consultants like Riva Levinson, who worked with Paul Manafort, and Brian Ballard, a major Trump fundraiser."
Reference was also made to Atiku's much-publicised visit to the US, during which he stayed at the Trump International Hotel in Washington DC. His visit to the US made major news since there were allegations that he could not step on the shores of America as a result of corruption-related issues.
A Senate subcommittee report on foreign corruption had referred to a transfer of millions of dollars into the U.S. through shell companies by Atiku, although he didn't face prosecution. In 2009, the FBI alleged that he demanded bribes from former Rep. William Jefferson (D-La.), who was convicted of corruption charges. Jefferson stored $90,000 in cash for Abubakar in his freezer at some point.
Filings accessed on the Foreign Agents Registration Act (FARA) by CRP's Foreign Lobby Watch on March 24, showed that former Justice Department official Bruce Fein and his firm, Fein & DelValle PLLC, registered as foreign agents on the PDP presidential candidate's behalf.
"Fein, the associate deputy attorney general in Ronald Reagan’s administration and general counsel to the FCC, played a significant role in the repeal of the FCC’s 'Fairness Doctrine'. He also later worked with then-Rep. Bob Barr (R-Ga.) in drafting articles of impeachment against Bill Clinton. Joining Fein in the effort is his partner at the firm, W. Bruce DelValle, who according to an online biography has a varied background tackling civil rights and constitutional law issues, litigating intellectual property and liability disputes, along with representing a number of sports and entertainment personalities," the report noted.
According to CRP, the agreement notes that Lloyd Ukwu, “a Nigerian barrister and trusted confidant [of Abubakar],” is assisting “in the operations of the U.S. Situation Room.” Ukwu, referred to as a critic of Buhari and founder of a group called We the People of Nigeria which claims to be an advocate for “free and fair elections", recently led a delegation to meet with a variety of government officials in the State Department, Congress and “delivered a letter to the [acting] United States Ambassador to the United Nations, Jonathan Cohen, in New York to ensure the success of the Nigerian elections".
According to the filing, Fein will be paid $30,000 over a 90-day contract to provide “legal, consultancy and public advocacy services to encourage Congress and the Executive” to wait on recognizing a winner of the Nigerian election until after the legal challenge is “impartially and independently resolved".
Another filing states how the influence campaign will be conducted, noting that lobbyists will meet with members of Congress and their staff to persuade them to pass resolutions in the House and Senate “to forebear from a final declaration and recognition of a winner” until after Abubakar’s appeals are decided fairly and independently. Additionally, the firm will “draft articles and op-ed pieces” about the issues surrounding the election and appear on television and other media programmes.
In the contract, Fein’s firm is explicit in promising to “obtain official recognition that you are the authentic President of Nigeria based on an accurate counting of legal ballots". The goal of the effort is straightforwardly described as “to convince the United States that your presidency would open a fresh and new chapter in Nigerian politics".
The filing also asserts that the lobbying effort will demonstrate that an Abubakar presidency is “the will of the people", warning that if Abubakar is denied a victory, problems like genocide, poverty, corruption and strife will “undoubtedly continue".
The US has long had close relations with Nigeria and is the country’s largest foreign investor. American troops work alongside the Nigerian military in an international effort against the Boko Haram terrorist organisation. Additionally, the incumbent Buhari visited the White House and met with President Trump in 2018.
Fein did not respond to a request by CRP for comment.
BY SAHARAREPORTERS, NEW YORK
International Human Rights Commission, IHRC, Committee on Civil/Military Affairs has said political thugs disrupted the March 9 Gubernatorial and House of Assembly Elections in Rivers State and not the Nigeria Army as alleged by the State governor and the Independent National Electoral Commission, INEC.
The IHRC in a preliminary report of its fact finding committee it instituted to ascertain the veracity of the allegations and suggest ways of avoiding similar reoccurrences in the future noted that the Army in collaboration with other security agencies acted in defence of the electoral process.
INEC had alleged that collation centres in Rivers State were invaded by some soldiers and armed gangs resulting in the intimidation and unlawful arrest of election officials thereby disrupting the collation centres.
However, the preliminary report by the Committee on Civil/Military Affairs of the International Human Rights Commission signed by Dr. Edward Adamgbe and submitted to President Buhari, Senate President, the National Security Advisor, Chief of Defence Staff, the Common Wealth Secretariat London, European Union and the Embassies of the USA, British and France obtained by this Newspaper explained that the Army was rather the victim in the electoral process.
“Those who actually disrupted the gubernatorial and House of Assembly elections in Rivers State were political thugs and the Army in collaboration with conventional security agencies, where necessary, only acted in defence of the electoral process. The number of military casualties alone points to the fact that the Army was rather the unfortunate victims of Rivers State political violence with INEC collaboration,” the report said.
The Rights group also picked holes with the manner the INEC handled the situation pointing particularly to the hastened press statement of March 15 by INEC.
“For INEC to come up with claims that results were collated in 17 out of 23 Local Government Areas when only 7 were actually collated shows that the Commission was not meticulous or neutral, it is also evident that the suspension of the collation was not properly thought out and implemented with national interest,” it added.
The report further submits that a lot of awareness needs to be made for Nigerians to appreciate the role of the Army to wade off the negative impression the people have of the security agencies especially as it concerns elections in the country.
It said findings show that in the past and up till 2015, political thugs acting on the prompting of the party in authority would disrupt the process while security operatives looked the other way.
The preliminary report will be presented to members of the general public in Abuja on April 12 while the detailed report will be available in May.
