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Controversy over timeframe as Presidential Tribunal commences pre-hearing session

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Peter Obi, Bola Tinubu and Atiku Abubakar

Controversy over timeframe as Presidential Tribunal commences pre-hearing session

The Presidential Election Petition Tribunal (PEPT) will today commence pre-hearing session in the five petitions challenging the declaration of Bola Tinubu of the All Progressives Congress (APC), as the President- elect.

The Chairman of the Independent National Electoral Commission, Mahmood Yakubu, had on March 1 declared Tinubu the president-elect on the grounds that his party scored the majority of votes cast in the polls.

Dissatisfied with the result, five political parties and their presidential candidates filed separate petitions seeking orders to annul the election and declared them as winners or alternatively an order directing the INEC to conduct a fresh election.

The petitioners are the opposition Peoples Democratic Party(PDP) and Atiku Abubakar, marked CA/PEPC/05/2023; the Labour Party (LP) and Peter Obi, marked: CA/PEPC/04/2023; the Action Alliance (AA) and its presidential candidate, Solomon Okangbuan; with No: CA/PEPC/01/2023; Allied Peoples Movement (APM) and its candidate, Chichi Ojei, with suit number: CA/PEPC/03/2023; and the Action Peoples Party (APP) in a petition with No CA/PEPC/02/2023.

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The tribunal has fixed the pre-hearing session after it has stopped receiving replies to the various petitions on April 23.

Technically, today’s proceedings are specifically to sort preliminary applications before proceeding with the substantive petitions.

Regardless of the date fixed for the hearing of the petitions, there are calls by some legal experts, political analysts, Civil Society Organizations, religious leaders and other stakeholders for the amendment of the electoral process in a manner that every election petition case would be dispensed with before swearing in the declared winner.

In Nigeria, election petitions are governed by specific electoral law making them unique in nature. Section 288 of the constitution and the Electoral Act 2022 regulate elections, while petitions are also governed by the 1999 Constitution and the Electoral Act.

The call is necessitated by the fact that some provisions of the 1999 constitution and the Electoral Act erect legal roadblocks and difficult for petitioners challenging the conduct and outcome of elections to sail through to victory at the tribunals.

One of such notorious provisions is section 285 (6) which provides that “An election tribunal shall deliver judgment in writing within 180 days from the date of filing of the petition.”

Those advocating for the amendment of the electoral process are of the view that the Section 285 (6) is inimical to achieving fair hearing enshrined in the same Constitution. To them, setting 21-day time frame within which to file a petition challenging the conduct of elections in Nigeria is ridiculous.

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They noted that challenging the conduct or outcome of a presidential election implies challenging the election conducted in 36 states and the Federal Capital Territory (FCT). According to the legal experts, law that gives the petitioner 21 days to gather his materials and articulate his grievances in a form that can be presented before the tribunal within 21 days is not progressive, considering the fact that the same 21-day deadline was also given to opposition candidates to file their petitions for other categories of election held in smaller geographical areas like state, district and constituency.

It is therefore their opinion that these requirements of the laws do not provide a fair and level playing grounds for the parties involved in election petitions as swearing in those declared winners pending the determination of the tribunal cases has often given the defendants undue advantage to use the state resources to fight their opponents at the tribunal.

Since the return of the fourth republic, presidential election results have always been rejected and contested at the tribunal with exception to the 2015 presidential election won by President Muhammadu Buhari.

In 1999, the election of former President Olusegun Obasanjo was challenged at the tribunal by Chief Olu Falae. In 2003, Obasanjo’s re-election was challenged by Muhammadu Buhari.

In 2007, both Muhammadu Buhari and Atiku Abubakar challenged the victory of late President Umaru Musa Yar’Adua who won a highly controversial election. Buhari returned to the tribunal in 2011 when he challenged the election of President Goodluck Jonathan.

There was no challenge of Buhari’s victory in 2015 as the then incumbent President, Jonathan conceded defeat and congratulated the winner. However, in 2019, Atiku Abubakar challenged the re-election of President Muhammadu Buhari.

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It is interesting to know that historically,  no presidential election tribunal has upturned the election of the declared winner. The closest was in 2007 when the Supreme Court in a split decision of 4- 3 upheld the election of late President Umaru Musa Yar’ Adua.

The point to be considered is that, in all of the above situations, the presidential candidates so declared as winners by the electoral body, all took their oath of office on May 29,  while petitions against them were still pending at the tribunals.

Those advocating for the conclusion of election petitions before swearing in the declared winner are of the view that the fact that the constitution prescribed a time frame of about 180 days, doesn’t mean that it must run its course since the policy has been overheated.

However, in as much as it is true that justice delayed is justice denied, it is no less axiomatic that justice rushed is justice crushed.

Until and unless a major constitutional adjustment is carried out, to the effect that nobody must be sworn in as anything whether president or governor or lawmakers until the petition has been exhausted, the laws regulating the hearing and determination of election petitions remains sacrosanct.

Dayo Akinlaja (SAN) said it is not feasible to achieve because there are inbuilt procedures to ensure fair hearing and parties are given timelines for filing processes.

He explained that a party cannot be stampeded to file processes before the expiry of the timelines allowed under the law and each party may decide to hurry or speed up the process.

All parties are entitled to fair hearing and there is no way fair hearing would not be sacrificed where the procedure of adjudication is inordinately rushed.

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To that extent, the agitation for the completion of election cases before May 29, 2023, cannot be effectuated within the prism or framework of the constitution and the Electoral Act, 2022, which provides for a decision or judgment to be delivered within 180 days of the filing of the petition against the return of a candidate in an election.

There are also the appeals arising therefrom to be completed within 60 days from the date of filing. To be achievable, both the Constitution and the Electoral Act will have to be amended to make such a provision.

In addition to the above, although the timeframe had been spelt out, parties still find ways to raise technical issues like failure to serve parties directly, failure to file within a certain time, failure to tender certain vital documents, objections and arguments over the admissibility of documents, lengthy cross-examination of witnesses etc.

Unfortunately, these are allowed by the (tribunal) courts which have stalled the process thus defeating the purpose of the legislative solutions or gains made.

Furthermore, all decisions must be within the law with judicial activism to restore confidence in the Nigerian election systems and to ensure no party is robbed as justice must not only be done but must be seen to be done.

In the future, it is possible to amend our laws and rules of court to accommodate such an idea, but it is clearly impossible under the nation’s present circumstances.

It is more arduous to prove an election petition than to defend it. That is why the petitioners need more time to prove their cases and not necessarily the defendants.

That is why the Petitioners are given 21 days to file and the defendants have 14 days to respond. And the Petitioners have a further 7 days to reply, making a total of 30 days as against the 14 days of the Respondents. It follows that in leading evidence in court/Tribunal in support of the petitions, the petitioners would also take more time.

Quote: “the agitation for the completion of election cases before May 29, 2023, cannot be effectuated within the prism or framework of the constitution and the Electoral Act, 2022, which provides for a decision or judgment to be delivered within 180 days of the filing of the petition against the return of a candidate in an election”

Controversy over timeframe as Presidential Tribunal commences pre-hearing session

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Adebayo Ogunlesi, 2 other Nigerians make Forbes 50 wealthiest Black Americans list 2024

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Adebayo Ogunlesi

Adebayo Ogunlesi, 2 other Nigerians make Forbes 50 wealthiest Black Americans list 2024

Forbes has unveiled its 2024 ForbesBLK 50 list, celebrating the achievements of the wealthiest and most influential Black Americans.

Among the honorees are three Nigerians—Adebayo Ogunlesi, Tope Awotona, and Wemimo Abbey—whose groundbreaking contributions and entrepreneurial successes have earned them places on this prestigious list.

The ForbesBLK 50 is a reimagining of Forbes’ 2009 Wealthiest Black Americans list, which then featured figures like Oprah Winfrey, Michael Jordan, and Magic Johnson.

While net worth remains a core metric, the new list also highlights innovation, societal impact, and leadership across diverse industries.

Adebayo Ogunlesi, with a net worth of $1.7 billion, stands out as a pioneering force in global infrastructure investment. As chairman and cofounder of Global Infrastructure Partners (GIP), Ogunlesi led the private equity firm through a transformative acquisition by BlackRock in 2024 for $12.5 billion.

  • Ogunlesi, a Harvard-educated lawyer and banker, previously spent over two decades at Credit Suisse before launching GIP in 2006.
  • His influence extends beyond business, as he has become a key figure in reshaping infrastructure investment on a global scale.

Also, Nigerian entrepreneur,Tope Awotona, the founder and CEO of Calendly, has redefined efficiency in scheduling and holds a net worth of $1.4 billion.

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  • Born in Lagos, Awotona moved to Atlanta as a teenager and pursued business and management information studies at the University of Georgia. After early entrepreneurial setbacks, he launched Calendly in 2013, driven by frustration with cumbersome meeting coordination. The platform, which raised $350 million in 2021, is now valued at $3 billion and serves millions of users worldwide.

Although not a ranking, Wemimo Abbey, at just 32, is the youngest Nigerian on the list and cofounder of Esusu, an African fintech company addressing financial inclusion. Esusu helps renters build credit by reporting rent payments to credit bureaus, a service utilized by more than 20,000 properties and benefiting 1.8 million Americans.

  • In 2022, Esusu achieved a $1 billion valuation following a $130 million funding round. Abbey, who grew up in Lagos, has a background in mergers and acquisitions consulting and a passion for leveraging technology to drive social impact.

These three Nigerians show innovation, resilience, and the drive to address pressing global challenges. Their inclusion on the ForbesBLK 50 list is a foretelling of their entrepreneurial vision and the increasing influence of Nigerians on the global stage.

The ForbesBLK 50 list, launched under ForbesBLK, aims to go beyond net worth to measure impact and influence within the Black community and beyond.

Adebayo Ogunlesi, 2 other Nigerians make Forbes 50 wealthiest Black Americans list 2024

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Northern youths say new tax regime bill designed to ruin region

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President Bola Ahmed Tinubu

Northern youths say new tax regime bill designed to ruin region

Coalition of Northern Groups, Taraba State chapter, has expressed concerns that the proposed Tax Reform Bill by President Bola Ahmed Tinubu’s administration is cunningly designed with all premeditated intent and purposes to further develop the southern Nigeria at the expense of the north.

The northern youths, who lamented the economic hardship in the country, concluded that the effect bears more scars on the region than any other.

Aside from the new Tax Reform Bill, the group also condemned the federal government’s land-border closure, alleging that the ideas favour the South more than the North.

The group, in a statement signed by its coordinator, Comrade Idris Ayuba, made available to Vanguard Correspondent in Ilorin alleged that most difficulties the North faces are the repercussions of the decisions, citing the effect of Petroleum subsidy removal, land border closure and the new tax regime as few examples.

He noted in the statement that”reduction in the consumption of a capital commodity like petroleum occasioned by the subsidy removal is not a manifestation of a positive policy impact; it rather indicates reduced economic activities that force people out of energy consumption,”

On the land border closure, Idris said: “One of the primary concerns is the impact of this policy on the regional economy, which has been heavily reliant on cross-border trade with neighbouring countries. The closure has resulted in significant losses for traders and business owners in the region, exacerbating poverty and unemployment.

“The policy has given undue advantage to Southern Nigeria, for instance, the closure has led to an increase in demand for locally produced goods in Southern Nigeria, which has boosted the southern regional economy.

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“Additionally, the Southern region has benefited from the increased revenue generated from customs duties and taxes on imported goods.

“The closure has also created an imbalance in the distribution of economic opportunities, with Southern Nigeria having greater access to ports and international trade routes.

” This has resulted in a concentration of economic activity in the Southern region, further marginalizing Northern Nigeria,” Idris explained in the statement.

Northern youths say new tax regime bill designed to ruin region

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BREAKING: National Assembly extends lifespan of 2024 budget

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Senate President, Godswill Akpabio

BREAKING: National Assembly extends lifespan of 2024 budget

President of the Senate, Godswill Akpabio, has explained that the impressive performance of the 2024 national budget encouraged members of the National Assembly to extend the lifespan of the 2024 budget beyond December 31 this year.

Akpabio gave the explanation Wednesday in his welcome address during the presentation of the 2025 national budget to the joint session of the federal parliament.

He said, “We have noted the 2024 budget performances of 50% for capital expenditure and 48% for recurrent expenditure respectively.

“Given these great achievements, we have deemed it necessary to extend the life of the 2024 budget to June 30, 2025.

“The enabling law for this extension has already been put in place by this patriotic Assembly, as a testament to our appreciation for the great performance of the budget, ensuring we build upon your momentum.

“We commend your steadfast commitment to collaborate, cooperate and work with the National Assembly to achieve your grand vision for Nigeria.”

As the red chamber planned to start deliberations on the budget proposals, Akpabio warned heads of the various ministries, departments and agencies of the Federal Government to make themselves available for the budget defence.

He said: “Let me take this opportunity to stress the importance of the honourable ministers and heads of extra-ministerial departments being prepared to respond promptly to requests for them to come and defend their sectoral allocation in the exercise of our legislative oversight.

“We have observed concerning the behaviour from some ministers and heads of extra-ministerial departments, who sometimes neglect their duty to promptly submit to legislative oversight, sometimes even disregarding invitations from relevant committees of the legislature.

“It is imperative they understand that we will not condone such breaches of the constitution going forward.”

Akpabio noted that under the President Bola Tinubu administration, Nigerians has “witnessed remarkable strides in economic reforms, aimed at enhancing our nation’s stability and growth”.

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According to him, “The courageous decision to remove fuel subsidies, though challenging, showcases your (Tinubu’s) unwavering commitment to redirecting resources to critical sectors such as education and healthcare.

“Your collaboration with the Central Bank has cultivated an environment ripe for investment, and your focus on infrastructure development reflects a visionary commitment to improving the connectivity that fuels our economy.

“Furthermore, your initiatives to strengthen our security framework stand as a testament to your resolve in tackling the pressing challenges of our time.“

The chairman of the National Assembly commended Tinubu’s efforts in the era of security.

“We commend your tireless efforts, along with those of our brave men and women in uniform, for liberating our lands from the grip of terror.

“Today, no community is under the threat of terrorism, a monumental achievement we celebrate together.

“The reduction in kidnapping incidents and the neutralization of over 11,000 terrorists and insurgents is a testament to patriotism, strength and determination,” Akpabio said.

The Senate President said Tinubu’s dedication to fostering international relations paves the way for fruitful partnerships that will propel the nation forward.

He said: “We are witnessing a resurgence in foreign direct investment, made possible by your visionary directives that ease the visa processes for Nigerians travelling to other countries, and at the same time welcome investors and tourists alike to our country.

“Your innovative approaches in our embassies and the Ministry of Foreign Affairs have opened new doors for Nigeria and its people. For this we thank you.”

He said the introduction of social welfare programmes embodies the president’s unwavering belief in uplifting the living standards of our citizens.

“You remind us that our nation is not merely constructed of bricks and mortar, but of the resilience and determination of its people.

“Nigerians are taking notice of your remarkable achievements. You have doubled aggregate government revenues to over NGN 18.32 trillion, reduced debt servicing expenditures from 97% to 68%, fulfilled $7.5 billion in foreign exchange obligations, increased oil production to 1.8 million barrels per day, and launched the Compressed Natural Gas initiative.

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“Your administration has processed over N45.6 billion for student payments, signed the National Minimum Wage Law, and raised the national minimum wage to N70,000 a month, all while providing over N570 billion in financial support to the 36 states,” Akpabio said.

He commended the groundbreaking tax reform initiative including the four tax reform bills, namely the Joint Revenue Board of Nigeria (Establishment) Bill, 2024; Nigeria Revenue Service (Establishment) Bill, 2024; Nigeria Tax Administration Bill, 2024; and the Nigeria Tax Bill, 2024.

He said the tax reform bills represented a monumental shift in the country’s fiscal landscape and that its critics haven’t read the proposed legislations.

The Senate President said: “It is disheartening that those who have not taken the time to understand these bills are the loudest critics.

“I urge all Nigerians, especially those in public office, to engage with these vital reforms thoughtfully.

“This initiative marks the first comprehensive tax reform since Nigeria’s independence, presenting a transformative opportunity for rejuvenating small and medium enterprises and enhancing the livelihoods of ordinary Nigerians.

“These reforms will not only improve Nigeria’s revenue profile but also create a more conducive and internationally competitive business environment, transforming our tax system to support sustainable development.”

Akpabio said the infrastructure renaissance has paved the way for many roads, including the coastal road and crucial arteries in the Abuja capital city and other parts of the country.

“These developments are not merely about concrete and asphalt; they represent the lifeblood of our economy, connecting our people and fostering growth,” he added.

He urged Nigerians to bear with the president whose economic reforms had imposed hardship on Nigerians but noted that: “We are light-years away from where we began, though some rivers remain to be crossed.

“The pains we feel are not merely the pains of hardship; they are the pains of childbirth. When that season arrives in Nigeria, when this administration births that season, we will rejoice for the struggles endured.

“For now, I ask for your patience and urge all Nigerians to cooperate with the president and maintain faith in his vision.

“Mr. President, while you cannot be everywhere, you have eyes everywhere. We, the distinguished senators and honourable members of the House of Representatives, are your eyes in our constituencies and every corner of Nigeria.

“When our constituents struggle to afford rice, they come to us. When their shoes pinch, they seek our assistance. When the economic alarm sounds, they turn to us.

“Therefore, we are committed to ensuring that you touch the hearts and pulse of Nigerians through these appropriation bills resonating with the sounds of hope and signalling the dawn of Nigeria’s economic rebirth,” he added.

Akpabio ended his speech by leading the members of the National Assembly to sing for the president as they all chorused, “On your mandate we shall stand” to the admiration of the legislatures and the guests.

 

BREAKING: National Assembly extends lifespan of 2024 budget

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