Constitution amendment: Reps move to stop gov’ship election cases at A/Court

The House of Representatives on Tuesday passed for second reading, a bill seeking to amend the 1999 Constitution of the Federal Republic of Nigeria to make the Court of Appeal the final arbiter in disputes involving governorship, National and State House of assembly elections.

The bill is among the 39 constitution amendment bills that were passed through second reading on the floor of the House.

The passage of the bills comes as the House prepares to go on Sallah and Easter breaks and on the heels of the controversy that trails the adoption of the declaration of state of emergency declared by President Bola Ahmed Tinubu in Rivers State last week.

The bills were passed after they were presented for second reading through a motion by the House Leader, Rep. Julius Ihonvbre and referred to the House Committee on Constitution Review, chaired by the Deputy Speaker, Benjamin Kalu, for further legislative actions.

The proposed legislation was sponsored by the lawmaker representing Ndokwa East/Ndokwa West/Ukwani Federal Constituency of Delta State, Nnamdi Ezechi.

Daily Trust reports that before now, electoral disputes involving governorship election are decided by the Supreme Court as the final arbiter, while that of the National and State Assemblies end at the Court of Appeal.

However, the proposed amendment seeks to abridge the timeline involved in deciding governorship election disputes by making the Appeal Court the final arbiter.

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Leading the debate on the general principles of the bill, Ezechi said the proposed legislation seeks to alter the provision of sub-section (3) of Section 246 of the 1999 Constitution as amended.

He said the bill seeks to delete the existing subsection (3) and substitute a new subsection (3) to read, “The decisions of the Court of Appeal in respect of appeals arising from the Governorship, National and State Houses of Assembly election petitions shall be final.”

He said, “Mr Speaker, the Constitution of the Federal Republic of Nigeria (Second Alteration) Act of 2010 altered Section 246 subsection (1) by providing in paragraphs (b) and (c) that appeals to the Court of Appeal shall be as of right from the decisions of the National and State Houses of Assembly and decisions of the Governorship Election Tribunals as to whether a person has been validly elected as a lawmaker or a governor or whether his tenure has ceased or his seat has become vacant.

“The second alteration specifically provided in Section 246 subsection (3) that the decisions of the Court of Appeal arising from the National and State Houses of Assembly election petitions shall be final.

“However, the amendment did not say anything about the Governorship Election Petition, thereby allowing all governorship election petitions to proceed to the apex court (Supreme Court). This bill is trying to amend the present provision of Section 246 subsection (3) by making the Court of Appeal the final appeal court for all election petitions.”

Justification for amendment

According to the PDP lawmaker, “This would enable the final winner of a governorship election to be known without delay. If the person declared as winner by the Independent National Electoral Commission wins in the Court of Appeal, it would allow him to settle down and face the business of governance without distraction.”

He also noted that terminating election disputes at the appellate court would save costs, saying, “If such petitions end in the Court of Appeal, it would reduce the financial resources being wasted by the parties in prosecuting such cases to the Supreme Court.”

He continued, “We should note that the original provision of Section 246 (1)(b) stated that an appeal shall lie as of right from the decisions of the National Assembly Election Tribunals and Governorship and Legislative Houses Tribunals on the issues mentioned above.

“Subsection (3) of the said section clearly stated that the decisions of the Court of Appeal in respect of appeals arising from election petitions shall be final.”

Constitution amendment: Reps move to stop gov’ship election cases at A/Court

Terrorists kill soldiers in attack on Borno military base

Many soldiers were feared killed by Boko Haram insurgents in an attack on a military base in Sabon Gari, Damboa Local Government Area of Borno State, on Monday.

According to local sources, the attack occurred in the evening when the insurgents launched an assault oBornon the military formation, firing sporadically and causing numerous casualties, including soldiers killed and others critically injured.

A resident of Damboa, Abba Usman, provided additional information, saying that military reinforcements rushing to the scene stepped on a landmine, causing an explosion that resulted in injuries and possibly more casualties.

“I do not have much information, but I can confirm that there was an attack and soldiers were killed. Here, we also heard about how soldiers rushing to the base for reinforcement stepped on something like a bomb, and it exploded,” Usman said.

A military source also confirmed the attack; however, the source refrained from providing a specific number of soldiers killed, stating, “There was an attack; many soldiers were killed, but the figure is currently not known.”

When contacted, spokesperson for Operation Hadin Kai, Lt Col A.Y. Jingina, responded, saying, “Please, I am out of station, and Sabon Gari is under Sector 2.”

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However, the Borno State Commissioner for Information and Internal Security, Usman Tar, confirmed the incident, stating, “I can confirm there was an IED attack in a place called Wajiroko (under Damboa). What happened was that our military personnel stepped on an IED. We lost one, and one sustained an injury. It was not an attack; it was an IED our soldiers stepped on.”

Meanwhile, Lt Gen Olufemi Oluyede, the Chief of Army Staff, has asked commanders and heads of various Army formations across the country to work with stakeholders in their respective areas to successfully handle the nation’s security concerns. He made the call on Tuesday at the start of the four-day First Senior Command and Leadership Seminar in Lafia, Nasarawa State.

In his remarks, Oluyede stressed the necessity of forming partnerships with other security agencies, civil society organisations, and traditional institutions to combat terrorism and other criminal activities.

He emphasised that mutual respect and teamwork were critical for long-term national stability and effective counterterrorism activities.

Oluyede, represented by the Army’s Chief of Training, Maj. Gen. Abubakar Sadiq Ndalolo, advised the commanders to constantly adjust their strategies to meet changing security challenges. He urged them to have meaningful discussions and share best practices during the lecture.

“These stakeholders are pivotal to addressing the prevailing security threats within your areas of responsibilities.

“It is also pertinent that you strategically apply situational awareness and strategic communication skills when engaging these stakeholders so that you can foster mutual respect and build teamwork. This integrated approach is not only key to addressing our immediate security threats. It can also contribute significantly to long-term national stability,” he said.

The conference is intended to provide Army operational commanders and senior military officers with the tools they need to handle Nigeria’s increasingly complicated security environment.

Nasarawa State Governor Abdullahi Sule, who was represented by Deputy Governor Emmanuel Akabe, praised the Nigerian Army for holding the seminar, describing it as a critical venue for sharing experiences and improving operational leadership abilities.

Maj. Gen. Hilary Nzan, Commander of the 4 Special Forces Command, also extended gratitude to the participants and underlined the significance of altering the Nigerian Army’s operations via innovation and strategic thinking.

Terrorists kill soldiers in attack on Borno military base

Ex-NSA Dasuki’s N33.2bn fraud case begins afresh 10 years after

Former National Security Adviser, Col. Sambo Dasuki (retd.), and three others were re-arraigned on Tuesday in the Federal Capital Territory High Court Abuja for an alleged N33.2 billion fraud.

The Economic and Financial Crimes Commission (EFCC) charged Dasuki, a former General Manager of the Nigerian National Petroleum Corporation named Aminu Baba-Kusa, as well as two firms, Acaci Holdings Limited and Reliance Referral Hospital Limited.

The defendants face a 32-count accusation for alleged criminal breach of trust and dishonest release of public monies.

Their re-arraignment before Justice Charles Agbaza followed the reassignment of the case by the FCT Chief Judge, Justice Hussein Baba-Yusuf, who had previously handled it.

Dasuki was originally arraigned before Justice Baba-Yusuf on December 14, 2015, alongside Shuaibu Salisu, a former Director of Finance and Administration in the Office of the National Security Adviser, on a 19-count allegation stemming from an alleged N15.5 billion fraud.

The allegations were later revised, and Salisu’s name was dropped. Dasuki and the others were re-arraigned on May 11, 2018, on a new 32-count charge totalling N33.2 billion.

However, the trial was stopped because the prosecution only brought one witness—the investigating officer—who had yet to finish his testimony before the case was adjourned indefinitely.

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In 2015, the EFCC indicted Dasuki alongside former Minister of State for Finance Bashir Yuguda, former Sokoto State governor Attahiru Bafarawa, his son Sagir Bafarawa, and his company, Dalhatu Investment Limited. They faced a 25-count accusation for criminal breach of trust and misuse of N19.4 billion.

The case was recently transferred to Justice Yusuf Halilu.

Both cases were repeatedly delayed due to the Department of State Services’ refusal to release Dasuki on bail, despite court orders granting him bail.

During the resumed hearing on Tuesday, the defendants pleaded not guilty to the 32 counts read to them.

The prosecution’s counsel, Oluwaleke Atolagbe, then requested a trial date.

A.A. Usman and Richard Ibiye, lawyers representing Dasuki and Baba-Kusa, urged the court to allow the defendants to stay on their current bond, stating that they had always been present for court appearances.

The prosecution did not dispute the motion but emphasised the need for the defendants’ ongoing presence during the trial.

After hearing statements from both parties, Justice Agbaza determined that the defendants should continue on their current bail and delayed the trial until July 1.

Ex-NSA Dasuki’s N33.2bn fraud case begins afresh 10 years after