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May 29: Court Clears Tinubu For Monday Inauguration, PDP, LP Gear Up For Legal Tussle

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All is now set for the inauguration of the President-elect, Asiwaju Bola Tinubu, on Monday as the Supreme Court on Friday dismissed the suit by the Peoples Democratic Party seeking the disqualification of the ticket that produced the president-elect, Bola Tinubu, and the vice-president-elect, Kashim Shettima, in the 2023 presidential election.

Similarly, a Federal High Court in Abuja declined to issue an order of interim injunction to stop Tinubu’s inauguration, as the plaintiffs alleged that the President-elect lied on oath in the form he submitted to INEC.

Meanwhile, the apex court affirmed that Tinubu and Shettima were eligible to contest the presidential election held on February 25.

In an appeal marked SC/CV/501/2023, the PDP sought Tinubu’s disqualification on grounds of the double nomination of his then-running mate, Shettima.

The party claimed that Shettima was nominated twice, both for the Borno Central Senatorial seat and for the vice-presidential position.

PDP argued that Shettima’s dual nomination was in gross breach of the provisions of Sections 29(1), 33, 35, and 84(1) and (2) of the Electoral Act, 2022. The party, therefore, prayed the court to nullify Tinubu and Shettima’s candidacy.

It also applied for an order to compel the Independent National Electoral Commission to remove their names from the list of nominated or sponsored candidates that were eligible to contest the presidential poll.

Opposing the position by the plaintiff, Lateef Fagbemi (SAN) contended that the PDP ought to have remained an onlooker no matter its grievance in how the APC nominated its candidates.

“It is abundantly clear that the appellant in the totality of its position in the instant case is peeping and ‘poke nosing’ into the affairs of another party as a busy body and meddlesome interloper,” he said.

In a unanimous decision of a five-man panel, the court held that an appeal by the PDP challenging the validity of the Tinubu/Shettima ticket lacked merit.

Delivering the lead judgment on the suit, Justice Adamu Jauro upheld the concurrent decisions of the Court of Appeal and the Federal High Court in Abuja, which earlier dismissed the case.

The court ruled that the plaintiff lacked the legal right to meddle in the affairs of the APC which nominated them as its candidates in the election and dismissed it.

Describing the appeal as an activity of “a nosy busybody and a meddlesome interloper, the court stressed that the law did not permit a political party to dabble in the domestic affairs of another party.

The court agreed with the respondents that section 285 (14) (c ) of the 1999 Constitution, as amended, and section 149 of the Electoral Act, 2022, did not confer to them the legal right to question the candidature of Shettima on the grounds of double nomination.

The apex court held that section 84 of the Electoral Act only empowers an aspirant that participated in the primary election of a political party to challenge the nomination of a candidate by the party.

The court maintained that the PDP did not prove that its rights were threatened, adding that the party failed to establish the injury it suffered as a result of the nomination by the APC.

The apex court also reprimanded the PDP for filing the appeal which it said was frivolous.

It held that evidence before it showed that Shettima duly withdrew as the candidate of the APC in the Borno senatorial election on July 6, 2022.

Justice Jauro said, “From the trial court down to this court, it has been a waste of precious judicial time.”

He admonished counsel to advise their clients “against filing this sort of suit in the future.”

It further awarded in favor of the respondents the sum of N2m damages against the PDP.

‘Judgement not setback’

Meanwhile, the presidential candidate of the Peoples Democratic Party in the February 25 election, Atiku Abubakar, said the dismissal of the appeal was not a setback in the party’s quest for justice in the election petition tribunal.

Atiku reiterated the resolve of his legal team to prove that the election of Tinubu and Shettima was fraudulent and a violation of the nation’s constitutional requirements.

In a statement he signed, Atiku said, “The Supreme Court’s dismissal of the case of the PDP is not a setback to my quest for justice. Our legal team is primed to robustly prove that the election of February 25 was fraudulent, did not comply with the constitutional requirements and the electoral guidelines of the Independent National Electoral Commission, and that the announced winner was not even qualified to contest the poll.

“The battle for democracy and the enthronement of a new order to spur growth and development in Nigeria is one to which I have committed my all and for which I am not ready to walk away at this point when our nation is at crossroads. We know that sooner than later, our esteemed Justices will make the pronouncement that will serve as a befitting requiem for mandate bandits.

“I urge my supporters to exercise patience and conduct themselves peaceably as we diligently conduct our litigation at the Presidential Election Tribunal Court.”

Meanwhile, the PDP through its National Publicity Secretary, Debo Ologunagba promised to issue a formal statement, noting that the party was yet to read the judgment. “We cannot make a comment now because we have not even read the judgment. When we do, we will make our position known,” Ologunagba said.

Labour Party ready – Ifoh

Speaking on the readiness of the Labour Party to proceed with its petition at the tribunal, the party’s acting National Publicity Secretary, Mr. Obiorah Ifoh, said the party was not interested in the outcome of the Supreme Court judgement concerning Shettima.

Rather, he said the party and its presidential candidate, Peter Obi, “are looking at the election process and we are sure of victory at the tribunal.”

Ifoh added, “Our case in the court is different from the one the PDP lost at the Supreme Court today (Friday). We are hoping and sure that the outcome will not affect our case. We pray to get justice. We are looking at the election process. So, what happened today is inconsequential to our case.”

Meanwhile, the Chief spokesperson for the Obi-Datti Presidential Campaign Council, Yunusa Tanko, has expressed disappointment over the judgment, saying Nigeria’s judiciary has stopped being the last hope of the masses.

He added, “I am saddened at the development. My problem with it is this; the more we look up to the judiciary to help our democracy out of the quagmire, the more it puts us into a more difficult situation. It is very painful that if the judiciary cannot do the right thing for the benefit of our democracy, we all know the danger.”

Keyamo trolls Atiku

Reacting to the Supreme Court judgment, the spokesman for the dissolved APC Presidential Campaign Council, Festus Keyamo (SAN), noted that every serious lawyer knew from the outset Atiku and his party had no case.

Keyamo hinged his argument based on a settled principle of law that stipulates that a party cannot meddle in the internal affairs of another political party.

He also explained that it was on record that Shettima notified his party about his withdrawal from the senate race before his nomination as a vice presidential candidate.

He stated, “There was no case at all in the first place. It was all a storm in a teacup. Core legal practitioners, not the social media ones, always knew that there was no case there at all. It was an issue that bothered on settled principles of law that stipulated that you cannot poke your nose into the internal affairs of another political party. It is a settled principle.

“So, where they are getting their confidence from, I don’t know. If you look at the judgment, apart from the issue of locus standi, one of the judges has actually held that on the fact of the case, Shettima did not even put in for double nomination at all. This is because he has sent his withdrawal notification to the party before his nomination as the vice-presidential candidate, thereby making part of their (PDP) case at the lower court to collapse.”

He added that the APC would wait for the petitions at the tribunal to run their full course.

Court declines suit

In a related development, the Federal High Court, Abuja has declined to issue an order of interim injunction to stop the swearing-in of the president-elect, Bola Tinubu of the All Progressives Congress, as President of Nigeria, on May 29.

In the suit marked FHC/ABJ/C5/657/2023, three plaintiffs – Praise Isaiah, Paul Audu, and Anongu Moses – alleged that Tinubu lied on oath in the Form EC9 he submitted to INEC in support of his qualifications to contest the election.

They also told the court that findings revealed that “the Tinubu” who attended Chicago University in the United States of America, was a female.

Furthermore, the plaintiffs who identified as “concerned citizens” alleged that it was discovered that the President-elect was born in 1957 against the year 1952 which he presented as his actual date of birth.

Among other prayers, they urged the court to order the arrest and detention of Tinubu.

They also asked the court to halt his inauguration as president pending the determination of cases against him at the Presidential Election Petitions Court.

Arguing that Tinubu’s action was in gross violation of Section 117 of the Criminal Code Act as well as Section 156 of the Penal Code Act, the litigants further prayed the court to forbid Tinubu from vying for any elective position for the next 10 years.

Meanwhile, the court in a ruling delivered by Justice James Omotoso held that it lacked the jurisdiction to entertain the case and grant the prayers.

The court held that the suit was “unconstitutional, frivolous, and vexatious.”

It said the plaintiffs lacked the legal right to institute the case while stressing that under section 285 (14) of the 1999 Constitution (as amended), only an aspirant could challenge the qualification or nomination of a candidate in an election.

It maintained further that since the election had already been concluded, only the Court of Appeal has the jurisdiction to entertain cases arising from the presidential election.

He stated that the plaintiffs wasted the time of the court by filing the suit and described the action as an abuse of court process, aimed at exposing the judiciary to ridicule.

It held that the suit seeking to stop the inauguration scheduled to take place in a few days was capable of destabilizing the democracy in the country adding that the court would not lend itself to be used as an instrument for such an outcome.

He threatened to refer counsels that facilitated the suit to the Legal Practitioners Disciplinary Committee for instituting an action “capable of dragging the judiciary into the mud.”

The judge thereafter dismissed the suit and awarded a cost in favor of the respondents.

 

Credit: The Punch

BIG STORY

US-Based Nigerian May Get 20-Year Jail Term Over Money Laundry

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A United States-based Nigerian, Samson Omoniyi, who was arrested alongside eight others for alleged money laundering and fraud, may be sentenced to 20 years in prison if found guilty by US authorities.

This was contained in a press statement signed by the Office of Public Affairs of the US Department of Justice late Wednesday.

The statement noted that Omoniyi, alongside his accomplices, was indicted on Tuesday on allegations of conspiracy to engage in money laundering following their arrest across three jurisdictions in the US.

It further indicated that the defendants, who remain innocent until proven guilty by the court, operated a money laundering organisation to launder proceeds from fraud amounting to millions of US dollars, allegedly obtained from defrauding multiple citizens.

The statement read, “An indictment was unsealed yesterday (Tuesday) in Nashville, Tennessee. It charges nine members of a multi-state money laundering organisation with laundering millions of dollars derived from internet fraud, including business email compromise schemes. The nine defendants were arrested in a coordinated takedown across three jurisdictions.

“According to court documents, Samson A. Omoniyi, 43, of Houston; Misha L. Cooper, 50, of Murfreesboro, Tennessee; Robert A. Cooper, 66, of Murfreesboro; Carlesha L. Perry, 36, of Houston; Whitney D. Bardley, 30, of Florissant, Missouri; Lauren O. Guidry, 32, of Houston; Caira Y. Osby, 44, of Houston; Dazai S. Harris, 34, of Murfreesboro; and Edward D. Peebles, 35, of Murfreesboro, were charged with conspiracy to engage in money laundering.

“As alleged in the indictment, the defendants were members of a long-running money laundering organisation operating since approximately November 2016 in and around Tennessee, Texas, and across the country.”

The statement further stressed that the defendants used the structured organisation as a guise to launder the proceeds of their fraud and to enrich members of the syndicate.

“The conspirators allegedly structured the organisation so that recruiters or ‘herders’ recruited and directed participants or ‘money mules’ to launder money obtained from Internet frauds that targeted businesses and individuals in the United States and abroad.

“The defendants allegedly used sham and front companies to conceal the fraud proceeds and enrich the conspiracy members. The conspiracy allegedly agreed to launder more than $20 million in fraud proceeds,” it stated.

According to the statement, each of the defendants could be sentenced to 20 years in prison under the US Sentencing Guidelines as the maximum penalty for their offence.

“The defendants each face a maximum penalty of 20 years in prison if convicted. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

“An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law,” the statement concluded.

Earlier reports had it that two Nigerians, Anthony Ibekie and Samuel Aniukwu, were sentenced by a US federal jury to 30 years combined jail time for defrauding some US citizens of $3,500,000.

According to the US Justice Department, the duo had deceived their victims by telling them that they had received substantial inheritances that required some money to claim.

The duo was said to have requested their victims send money with a promise to refund them once the inheritances were claimed.

It was also noted that the duo carried out romance scams by establishing romantic relationships with their victims and demanding that they send money after building trust with them.

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BIG STORY

Australia Bans Social Media Use For Children Under-16

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Australia’s parliament on Thursday passed a world-first law banning social media for children under 16, putting tech companies on notice to tighten security before a cut-off date that’s yet to be set.

The ban came following the passage of a groundbreaking law in parliament.

The new law was drafted in response to what the Labor Prime Minister, Anthony Albanese, described as a “clear, causal link between the rise of social media and the harm [to] the mental health of young Australians.”

“We want our kids to have a childhood and parents to know we have their backs,” Albanese told reporters afterwards.

The new law, passed by the Senate with 34 votes to 19, prohibits platforms like TikTok, Snapchat, Instagram, Facebook, X, and Reddit from allowing users under 16.

Companies found in violation could face fines of up to AU$50 million (US$32 million). YouTube has been excluded from the ban due to its educational content.

While the law has been hailed by some as a bold move to protect children, it has drawn criticism from academics, advocacy groups, and tech experts.

Concerns have been raised that the legislation could drive teenagers to unsafe spaces like the dark web or lead to increased isolation.

Questions about enforcement have also surfaced, with critics warning that rushed implementation could create privacy risks if companies require extensive personal data for age verification.

Amnesty International has recommended that the bill be reconsidered, arguing “ban that isolates young people will not meet the government’s objective of improving young people’s lives.”

The bill received over 15,000 public submissions in a single day, many opposing the measure, after tech billionaire Elon Musk drew attention to the proposal on X.

The law will take effect in 12 months, allowing time for the government to trial age-verification technologies.

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BIG STORY

Minimum Wage: Labour, States Hold Last-Minute Talks Ahead Monday Strike

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The remaining states yet to implement the “N70,000” minimum wage for workers are making last-minute efforts to prevent the Nigeria Labour Congress from going on strike on Monday, December 1.

The states yet to approve the monthly wage are Katsina, Cross River, and Zamfara, after the Imo State Government authorized the implementation of the “N70,000” wage on Tuesday.

This means 33 states and the Federal Capital Territory have now complied with the 2024 National Minimum Wage Act.

Several states have agreed to pay above the “N70,000” starting point, with Lagos and Rivers offering the highest pay at “N85,000.”

Lagos also announced that its workers could expect up to “N100,000” monthly starting from the first quarter of 2025.

Workers in Akwa Ibom, Enugu, Oyo, and Niger will earn “N80,000,” while Delta and Ogun states approved “N77,000.”

Ebonyi, Osun, Benue and Kebbi states approved N75,000; Ondo, N73,000; Kogi and Kaduna, N72,000; Kano and Gombe, N71,000.

Abia, Adamawa, Anambra, Jigawa, Borno, Edo, Kwara, Nasarawa, Taraba, Ekiti, Bauchi, Yobe, Imo and Plateau states, as well as the Federal Capital Territory, all settled for N70,000.

But despite the NLC’s warnings, trio Katsina, Zamfara and Cross River have yet to implement the new wage, which could lead to a shutdown of activities in the affected states from Monday.

On Monday, labour unions in Cross River, who are demanding a new wage of N70,000 from the state government, directed state civil servants to embark on a two-day warning strike over the non-implementation of the new minimum wage.

The warning strike was signed by the Nigerian Labour Congress and the Trade Union Congress.

This followed a staged walkout from a scheduled meeting held on November 18 with state government officials, who formed members of the wage implementation committee at the office of the state’s Head of Service, Innocent Eteng, in Calabar, the state capital.

According to the labour leaders, last week, when the committee sat for the first time, the meeting ended in a stalemate when they perceived delayed tactics by the government to postpone the meeting to January.

The state’s civil servants said they were utterly disappointed when Governor Bassey Otu announced a new minimum wage of N40,000 on May 1, during the International Workers Day celebration at the U.J Essueine Stadium in Calabar.

Otu said that due to the state’s lean resources, caused by the statutory federal allocation aggravated by the unfavourable state Gross Domestic Product, the new minimum wage of N40,000 would be in line with realities rather than sentiments.

While giving instances of Edo, Lagos, Rivers and other governors, the workers said they were of high hope before the unexpected announcement of N40,000.

The strike action, which was signed by the Nigerian Labour Congress and the Trade Union Congress, was set to commence from November 24 midnight to 26, 2024.

  • ‘No Going Back’

The Cross River State Chairman, Nigeria Labour Congress, Gregory Ulayi, toild said that the union would embark on an indefinite strike if the state government failed to implement the new minimum wage for the workers.

He noted that the two-day warning strike was embarked upon by workers in the state between Monday and Tuesday, which he described as a call to action to the government.

Ulayi said that after the two-day warning strike, all workers were mandated to return to work as they waited to hear from the state government.

“If the government does not negotiate and do the needful, we will embark on a total strike because it is a directive across the country,” Ulayi said.

However, the Chief Press Secretary to Governor Otu, Nsa Gill, said that the state government had set up a committee to negotiate with the labour leaders, as part of last-ditch efforts to prevent the looming strike on Monday.

He said that despite the nationwide deadline for the implementation of the minimum wage, the Otu-led government was working to ensure payment of a minimum wage of N70,000 or even above.

“The state government has a negotiating team and they are at work. Though, they are yet to reach an agreement as at today (Thursday). The government is ready to pay the N70,000 new minimum wage, if not beyond,” he stated.

“We recognise the fact that there is a national deadline from the labour union, which is slated for December 1, 2024, for all the states to pay the new minimum wage.

“We are trying to see how to build a stronger economic foundation that can make us pay a living wage to our civil servants. Until the team finishes the negotiation, the amount will not be announced. Right now, they are still on the negotiation table for an amicable resolution.”

Katsina State is also likely to face labour’s wrath after its failure to implement the compulsory new wage bill for the state workers.

Multiple sources in the NLC secretariat in Katsina, the state capital, on Thursday, said that the state was yet to approve the payment.

Earlier report had it that the Katsina State Government inaugurated a 15-member committee to guide the implementation of a new minimum wage of N70,000.

Deputy Governor Faruk Lawal, while inaugurating the committee, said the government was aware of the hardship being faced by civil servants in the state.

“You are all aware that His Excellency, the Governor, Mallam Dikko Umar Radda, has set up a committee to implement the N70,000 minimum wage consequential adjustment to all categories of workers in the state.

“This includes the state civil servants, the Local Government employees and other categories of workers. The government is aware of the hardship being encountered by the civil servants,” he stated.

Led by Secretary to the State Government, Abdullahi Faskari, the committee was given three weeks to present strategies and recommendations, including the consequential adjustments for all categories of workers.

The committee includes prominent state officials such as the Head of Civil Service, Falalu Bawale; the state Commissioners for Finance, Budget and Economic Planning, and Local Government and Chieftaincy Affairs.

Others are the Special Adviser to the Governor on Labor Matters; as well as representatives from the Nigeria Labour Congress and the Trade Union Congress, among others.

However, the latest reports suggest the committee has not been able to approve the wage.

“Katsina State is yet to implement the new minimum wage though the state has set up a committee in that regard,” a top NLC official, who spoke on condition of anonymity said.

“Negotiation between the labour unions and the government committee members are still ongoing. Anything can happen between now and in four days to come (as at Thursday), which is the December 1 deadline.”

Meanwhile, the Zamfara state Government says it has concluded arrangements for the implementation of the new minimum wage adding that it had been talking with the labour leaders in the state.

Speaking (to The Punch), the Senior Special Assistant to Governor Dauda Lawal on Media and Communications, Mustafa Jafaru Kaura, said the state government would implement the new wage as soon as possible.

He said, “The state government has already set up a committee to work out modalities for the implementation of the new minimum wage of N70,000.”

He stated that the state government wanted to know the exact number of its civil servants and the amount involved before settling the new wage.

Kaura added, “The committee has gone far in its assignment and I am telling you that as soon as the committee finishes its assignment, Governor Lawal will surely implement the new wage.”

Kaura stated that members of the committee included labour leaders and other stakeholders who were given the responsibility to work out the modalities on how best to implement the new wage.

He stressed that the state government would never fail the civil servants, adding that “Governor Dauda Lawal is one of the civil servants’ friendly governors in the country.”

“Zamfara workers will never be left out in terms of the new minimum wage,” he added.

“I want you to remember that when he assumed office as the Governor of the state, he met the state’s civil servants collecting N18,000 as minimum wage.”

“He quickly directed the state’s ministry of finance to start implementing the N30,000 minimum wage which was done.’’

“So, I am assuring you that, the Governor will soon implement the new minimum wage for N70,000,” Kaura said.

Earlier in November, Governor Lawal reiterated his government’s resolve to pay the minimum wage after working out all necessary modalities.

He said, “We have to know what comes in, the number of our workforce, and what we will pay as minimum wage,” adding, “The welfare of my workforce has been my priority since I assumed office.”

“When we came on board, for four months workers of the state had not been paid their salaries, and the first thing I did was to pay the workers.

“Today, as from the 25th of every month, I make sure that workers are paid. So, in other words, I spend about N5bn on wages every month. I paid my workers. I improved the salaries of local government staff as well as paid pensioners.

“So every month, I boost the state’s economy. If you go around, you will see how small traders are making brisk business from the goods they display in markets and streets.”

Commenting on the backlog of pension arrears he inherited from previous administrations, he said that out of the N13bn pension liabilities, he was able to settle over N11bn.

 

Credit: The Punch

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