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Defection: Court Sacks Ebonyi State Governor Umahi And His Deputy

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Ebonyi State Governor, Dave Umahi
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A Federal High Court, Abuja has ordered the Ebonyi State Governor, Dave Umahi and his deputy, Eric Igwe, to vacate their seats as the sitting governor and deputy respectively, on grounds that the Peoples Democratic Party (PDP) won the election on March 2019 and not its candidate.

Having defected to the All Progressives Congress (APC), Governor Umahi and his deputy cannot transfer the mandate of the PDP to the APC.

Citing section 221 of the constitution, Justice Inyang Ekwo ordered the PDP immediately send names of replacements to INEC so that fresh elections can be conducted.

Justice Ekwo also ordered the Independent National Electoral Commission (INEC) to cease from recognising Umahi and Igwe as the governor and deputy governor of the Ebonyi State.

Delivering judgement in the case, the presiding judge, Justice ordered the governor and his deputy to vacate office, adding that their defection was illegal, null and unconstitutional.

He ordered INEC to receive names of candidates from the PDP to replace Umahi and Igwe.

The governor and his deputy defected from the PDP on whose platform they were elected into office in the 2015 and 2019 general elections to the APC.

Determined to reclaim its mandate, the PDP sued the Umahi, Igwe, the APC and INEC.

The court noted that the crux of the matter was the defection of the 3rd and 4th from the PDP to the APC, adding that the averments of the 3rd and 4th Defendants did not address the issue of defection rightly and frontally but rather resorted to general denial to affidavit evidence.

Justice Ekwo said the depositions of the 3rd and 4th Defendants in their counter affidavit were “evasive and insufficient” to competently challenge the Plaintiff’s originating process.

It was the opinion of the court that the “Immunity Clause” in section 308 of the Constitution is not absolute.

The court ruled that “Section 308 is a veritable constitutional shield” and not for political reasons.

Justice Inyang said Umahi and Igwe did not controvert the deposition that total votes scored in an election belong to a political party.

He stated that evidence abound that the 2nd defendant (APC) contested the Ebonyi State Governorship election held on March 2019, with its own candidates.

“It can be noted that the Constitution does not deal with the issue of defection lightly,” the court stated.

“The 3rd and 4th Defendants cannot transfer the votes and victory of the Plaintiff on March 9, 2019, to the APC.  Office of the Governor and Deputy Governor of Ebonyi state belongs to the PDP.

“The option for Umahi and Igwe is to vacate office and wait for next election to contest election under the platform of its new party,” the court declared.

The court said the act of the APC, Umahi and his deputy is aimed at dismantling the 1999 Constitution.

Consequently, the court declared that under the democratic system operated in Nigeria, the plaintiff won the majority of votes during the election and is entitled to enjoy same till end of tenure of office for which the election was made.

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SANWO-OLU URGES RESIDENTS TO STAY CALM OVER CASH SCARCITY

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Lagos State Governor Babajide Sanwo-Olu
Lagos State Governor Babajide Sanwo-Olu
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The Lagos State Government has observed the tension caused by the slow release of cash through Automated Teller Machines (ATMs) and within banking halls.

Governor Babajide Sanwo-Olu today joined a delegation that met with President Muhammadu Buhari in Abuja to deliberate on measures to remove the hardship caused by the scarcity of the new currency.

In a statement signed by the Hon. Commissioner for information, Mr Gbenga Omotoso, Mr. Sanwo-Olu urges residents to remain calm as the government is doing everything possible to normalise the situation. The Central Bank of Nigeria (CBN) has promised to put measures in place to ensure residents have access to currency notes released to banks.

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Buhari inaugurates new MOFI Board

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President Muhammadu Buhari
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President Muhammadu Buhari has charged the Ministry of Finance Incorporated (MOFI) to grow its Assets Under Management from the current value of N18 trillion to at least N100 trillion in the next 10 years.

The president gave the charge at the launch of the new MOFI and inauguration of the Governing Council and Board of Directors of the body shortly before the commencement of the Federal Executive Council meeting.

The president also tasked the new board to “be the clearing house for the management of Federal Government’s investments and assets in line with global best practices with a view to ensuring that these investments are delivering superior risk-adjusted returns to the government.”

He also called on the new MOFI to work with other Ministries, Departments and Agencies (MDAs) to create a consolidated national assets register with a view to converting them into cash-flow-generating entities.

This, he said, would support the government’s revenue drive.

Buhari urged members of the board to work with the government with a view to using government-owned investments and assets to support the government in delivering on its social and economic obligations to the citizenry.

He, therefore, directed the Minister of Finance, Budget and National Planning, Dr  Zainab Ahmed to commence the process of amending the MOFI Act and other legislations to further institutionalize this reform.

According to him, the amendments when carried out, would ensure that MOFI was restructured and repositioned to become a trusted custodian and manager of Federal Government’s investments and assets.

Buhari said the event was significant as the restructured MOFI would help identify “what we own” and how to get the best out of them.

According to the president, the MOFI Act of 1959, now Cap. 229, Laws of the Federation, 2004, explicitly empowers MOFI to enter into commercial transactions of any description on behalf of the Federal Government in its own name.

He said that MOFI was used as a Special Purpose Vehicle across different sectors to invest in commercial entities over the last 64 years, adding that MOFI was created even before Nigeria’s independence.

In her remarks, the Minister of Finance, Budget and National Planning thanked Buhari for his support and approvals that had made the restructuring and repositioning of MOFI possible.

According to the minister, the council members and board will ensure that the new MOFI delivers on its mandates.

The governing council is chaired by the President, with the Minister of Finance, Budget and National Planning, Dr Zainab Ahmed, as Vice Chair.

It’s members include: The Minister of State, Petroleum Resources, Timipre Sylva; Aviation, Hadi Sirika; Industry, Trade and Investment, Niyi Adebayo and Transportation, Mu’azu Sambo.

Others are: Governor of the Central Bank, Dr Godwin Emefiele and three experts appointed by the President, namely: Prof. Muhammad Sagagi, Dr Ayo Teriba and Prof. Ken Ife.

The board members include: Former Finance Minister, Shamsudeen Usman as Chairman, Permanent Secretaries of the Ministries of Finance and Petroleum Resources and acting Accountant-General of the Federation.

Others are; Olawale Edun, Fatima Mede, Ike Chioke, Muhammad Nda, Alheri Nyako and an executive from the Central Bank of Nigeria (CBN) are also members of the board

Members of the Executive Management Team are: Dr Armstrong Takang, Managing Director, Eric solo, Executive Director, Chief Portfolio Officer, Sani Yakubu Chief Investment Officer and Oluwakemi Owonubi, Chief Risk Officer.

 

 

(NAN)

 

 

 

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Polls: NBC warns broadcasters against compromising national unity

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National Broadcasting Commission
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The National Broadcasting Commission (NBC) has cautioned all broadcasters against compromising national unity while covering forthcoming  general election.

The Director-General of NBC, Malam Balarabe Ilelah issued the warning in a statement, on Wednesday in Abuja.

He said: ”The National Broadcasting Commission wish to again, remind all broadcasters covering the forthcoming general elections to take note of the provisions of the Nigeria Broadcasting Code, and other relevant regulations guiding the broadcast of elections in Nigeria.

”The commission has observed, with deep concerns, how ethics and ethos have been thrown to the winds by politicians using broadcast media platforms.

”This is against the provisions of the Nigeria Broadcasting Code, which provides that in using materials for news and current affairs programmes, the broadcaster shall avoid hate speech, inflammatory, derogatory and divisive remarks or allusions.

”The commission notes that some station now glamorise these situations on their platforms. The NBC reiterates that such stations shall pay for their professional misdemeanor.”

Ilelah said for the avoidance of doubt, broadcasters were advised to note the sections of the Nigeria Broadcasting Code which provides that the broadcaster shall promote human dignity.

He added: “Therefore, hate speech is prohibited. Section 3.11.1 (a) states that all broadcasters should ensure that language or a scene likely to encourage or incite to crime, or lead to disorder, is not broadcast.

“Also, section 3.11.1 (b) advice broadcaster to ensure that no programme contains anything which amounts to subversion of constituted authority or compromises the unity or corporate existence of Nigeria as a sovereign state.

“Similarly, section 5.4.1 (f) prohibit broadcasters from transmitting divisive materials that may threaten or compromise the indivisibility and indissolubility of Nigeria as a sovereign state.”

Ilelah said that section 5.3.3 (g) urged broadcasters to ensure that a political broadcast was clearly identified as such, and not presented in a manner that would mislead the audience to believe that the programme was of any other type.

“Also, section 5.3.3 (j) enjoin broadcasters to ensure that the broadcast of a partisan political campaign, jingle, announcement and any form of partisan political party identification or symbol ends not later than 24 hours before polling day.

“The NBC ACT CAP N11, Laws of the Federation of Nigeria, 2004, also prescribes, in the Third Schedule 12(6) that “A Licensee shall be responsible for the content of the Station’s Broadcast.

”The commission enjoins all broadcasters to desist from using or allowing their platforms and facilities to be used by politicians, their supporters and or sympathisers, for the broadcast of contents that may lead to the breakdown of law and order,” Ilelah

He said that broadcasters were therefore expected to perform the role of peace agents by adhering to the principles of responsibility, accuracy and neutrality.

 

 

(NAN)

 

 

 

 

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