Buhari's Health: Charly Boy, others are getting it wrong.

Buhari's Health: Charly Boy, others are getting it wrong. - Dr. Ajulo A constitutional lawyer Dr. Kayode Olukayode Ajulo says the so called 90 days limit for which the President can be away is a farce and not constitutional. Speaking with Politics Editor Victorson Agbenson in Abuja, Dr Ajulo said those currently protesting against the President's absence were doing so ignorantly. He said the 1999 constitution has no limit as to the period the President could be away. Dr. Ajulo maintained that the President Mohammadu Buhari had done the needful by handing over power to his deputy, vice President Yemi Osinbajo. He explained that the president can only resign at his discretion or if his cabinet invokes section 144 of the constitution which stipulates that two third members of the Federal executive council could site reasons of incapacitation after medical examination by a duly set up medical board. Dr. Ajulo said the ongoing protests could be interpreted broadly as treason as it may be said to be calling for regime change by unconstitutional means. Dr. Ajulo who participated in the protest during the days of ailing late president Umaru Musa Yar' Adua said the current circumstance was very different since the president duly handed over power before leaving

KANO GOVT ACCUSES KWANKWASO OF PLOT TO DISRUPT SATURDAY’S ELECTIONS

The Kano State Government has claimed that it has uncovered plans by political pressure group Kwankwassiya led by former governor, Rabiu Musa Kwankwaso to disrupt next Saturday’s state House of Assembly by-election in Minjibir. State commissioner of information, Youth, Sports and culture, Malam Muhammad Garba who made the revelation in a press statement, said supporters of Kwankwasiyya group have orchestrated plans to unleashed mayhem during the rescheduled election by allegedly hired thugs. Garba claimed that information at the state government disposal suggested that KWANKWASIYYA GROUP has hired thugs from neighboring country of Niger Republic and states of Katsina and Jigawa state to unleash Mayhem on Innocent and law abiding electorates, with the aim of scuttling the entire process for his selfish reasons. He then revealed that we have received credible information that the KWANKWASIYYA GROUP, knowing fully that their anti- party intention will fail has resorted to hiring of thugs from the republic of Niger and neighboring states of Katsina and Jigawa state. We have learnt on good authority that the thugs imported are armed to the teeth. We want to warn that as a responsible government we will not sit down and fold our hands for some disgruntle elements to cause chaos in the state and destroyed the relative peace in state. We have informed the security agencies of this nefarious plan, we will support them to protect lives and property of law abiding citizens. As a responsible government we will not be party to any process that is undemocratic and unlawful. The statement warned. The Commissioner therefore enjoins all citizens of the state especially the people of Minjibir local government to be law abiding, urging them to go out and exercise their franchise without any fear of molestation, while assuring them of their safety.

Constitutional posers trial Zakari’s stay in INEC

Constitutional posers trial Zakari’s stay in INEC Okechukwu Jombo, writes that ,Acting National Chairman of INEC Amina Zakari’s continued stay in INEC is generating moral and constitutional questions For the umpteenth time the continued stay in office of the Acting National Chairman of the independent National Electoral commission INEC Amina Zakari has refused to die down especially now that her tenure as National Commissioner has ended. Lawyers,Politicians,Public commentators have continued to ask what she is doing there in INEC.In response the Deputy Director Publicity Nick Dazang in trying to justify her stay said“There should be no controversy over the appointment of the Acting Chairman by the President because in Section 153 to 159 of the Nigerian Constitution, the President has the power to appoint the INEC Chairman subject to ratification by the Senate. ‘’There is a letter by the Head of Service appointing Zakari as the Acting Chairman pending the appointment of a substantive chairman and this is already in the public domain,” Also Ambassador Lawrence Nwuruku INEC National Commissioner justified her appointment in an interview by saying ‘’ She is legally appointed by the president with a letter from the head of service to back it up until either a substantive Chairman is appointed in her place or she is cleared by the Senate until that happens she is the acting INEC National Chairman’’ All the two speakers have hinged their arguments on the constitution and therefore it is pertinent to know what the book said INEC is established under section 153 of the constitution. And the mode of appointment of the chairman and members is constitutionally provided for under Section 154(1) and (2) of the constitution only. The President, in exercising his power to appoint the chairman or member of INEC, the constitution mandatorily says, “the president shall consult the Council of State”, and such appointment again, “shall be subject to confirmation by the Senate.” Now in writing a letter, though, through the Head of Service, purporting to appoint Amina Zakari in an “acting capacity” as chairman of INEC, a position that is unknown to the constitution He has gone out of the constitution he swore to uphold and defend, did the president act according to the above provisions of the constitution with respect to council of state made up of former Heads of State and governors of the 36 states as well as Senate confirmation? The duration of office of both National and Resident Commissioners is five years under Section 155(1)(c) of the constitution. UNDER a democracy with a written constitution, unlike British parliamentary system that is unwritten, the power exercisable by any elected or appointed state official like Mr. President must be derived from the constitution; otherwise, it is null and void. That is why section 1 of the 1999 constitution (as amended) declared unambiguously that, “this constitution is supreme and its provisions shall have binding force on all authorities and persons (including, Mr. President) throughout the Federal Republic of Nigeria.” The tenure of Amina Zakari ends on July 21, 2015 and must vacate office except re-appointed in consultation with Council of State and subject to Senate confirmation. The removal from office, before the expiration of five years, can only be done in accordance with Section 157(1), and not through unconstitutional letter that her tenure ended with Prof. Attahiru Jega on June 30, 2015, having not been appointed the same time. The condition precedent is the inability of the member to discharge his or her functions. The mode of removal is by the President, acting on an address supported by 2/3 of the majority of the Senate. Therefore, the letter that stated that her tenure should be deemed as completed with those of Jega and others whereas, her tenure comes to an end on July 21, 2015, is unconstitutional, null and void and of no effect. From the foregoing; every step with respect to appointment of Chairman and members of INEC is constitutionally provided for in mandatory terms involving critical stakeholders like Council of State and the Senate. The constitution does not give room for any form of discretion, perhaps, because of the sensitive nature of the role of INEC in the sustenance of the country’s democracy. From the foregoing,a legal practitioner Chief Nwankwo Obuma reeled out what he termed legal truths of what has happened According to him there is no provision for the position of INEC chairmanship in an “acting capacity’’ under the Constitution exercisable by the President, but power to appoint a substantive chairman and members of INEC. The constitution he said and no other statute have covered the field on issues relating to the appointment and removal from office of INEC members; On this note he summed up by saying that the letter written to the “acting chairman” requesting her to consider her term of office to have come to an end is written in violation of Sections 157(1) of the Constitution; That there is no implied removal from or elongation of term of office under the Constitution. Therefore, when the term of office of the acting INEC chairman constitutionally lapsed on July 21, 2015; she automatically ceased to be a member of the electoral body and as such, ceased to occupy the hitherto unconstitutional office of “acting chairman” because she cannot be acting in that capacity from outside the body He added that If the acting chairman is to be reappointed; the constitutionally recognised modes in Section 154(1) should be resorted to all over again; and He now opined that the position of the government whereby the acting INEC chairman was asked to consider her tenure ended on June 30, 2015, and yet to hold office as the acting chairman of the body is utterly contradictory and unconstitutional. This is because the “acting chairman” he explained has not been re-appointed and she cannot be conducting the affairs of INEC as a non-member of the body. The situation he insisted is a legal anathema, which must be corrected urgently because every passing day that she sits on that remains a violation of the constitution of the Federal Republic of Nigeria. In the same line another lagos based lawyer Ebun-Olu Adegboruwa has dragged Zakari and the Federal Government to a Federal High Court in Lagos state, a lawyer seeking the court to remove her from the position because her appointment has ‘expired’. The plaintiff, who wants the court to bar her from parading herself as the INEC boss, said: “on July 21, 2015, the statutory tenure of Mrs. Amina Bala Zakari, as a member or commissioner of INEC, came to an end. She has not been re-appointed by the President upon due consultation with the Council of State and the re-appointment has not been communicated to the Senate for confirmation. Consequently therefore, the presence of Mrs. Zakari in INEC, is a constitutional aberration that must not be allowed to continue. “I have today, July 22, 2015, filed an action, at the Federal High Court, Ikoyi, Lagos, to declare her appointment as acting chairman of INEC as illegal and unconstitutional, for her to vacate office immediately and for the court to restrain her from presiding over the conduct of any election in Nigeria, including the governorship elections of Kogi and Bayelsa States. “In the originating summons, I am seeking the following orders: “A DECLARATION, that the 1strespondent is not entitled to appoint the 4th respondent as acting chairman of the 3rd respondent, such appointment being illegal, unconstitutional, null and void. “A DECLARATION that the appointment of the 4th respondent as acting chairman of the 3rd respondent is unconstitutional, null and void and of no effect whatsoever. “A DECLARATION that effective July 21, 2015, the 4threspondent has ceased to be a national commissioner or a member of the 3rd Respondent cannot be appointed as chairman or acting chairman of the 3rd Respondent. “AN ORDER nullifying the appointment of the 4th Respondent, by the 1st Respondent, as the acting chairman of the 3rd Respondent, being in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999. “AN ORDER, directing the 4th Respondent, to forthwith vacate office as acting chairman of the 3rd Respondent. “A PERPETUAL INJUNCTION. restraining the 4th Respondent and the 4th Respondent from proceeding with the organization or conduct or supervision of any election in Nigeria, under the leadership of the 4thRespondent as its acting chairman, in violation of the Constitution of the Federal Republic of Nigeria, 1999. “AN INJUNCTION, restraining the 4th Respondent from further parading herself or holding herself out or functioning as the chairman or acting chairman of the 4thRespondent, in violation of the Constitution of the Federal Republic of Nigeria, 1999.” “Long with this case, I also filed an application for an order of interlocutory injunction to restrain Mrs. Zakari from parading herself as acting chairman or member of INEC and also to restrain her from presiding over or organizing any election in Nigeria, including the governorship elections in Kogi and Bayelsa States. These are the orders that I am seeking in the application: “AN ORDER OF INTERLOCUTORY INJUNCTION. restraining the 4th Respondent from presiding over affairs of the 3rd Respondent or from supervising, organising or conducting any election in Nigeria, in her capacity as acting chairman of the 3rd Respondent, pending the hearing and final determination of this suit. With this oppositions one doesn’t need to be told that Amina Zakari is sitting on a keg of gun powder in INEC Reply, Reply All or Forward | More

I will be the last man standing for the PDP--Mark

I will be the last man standing for the PDP--Mark -----says defectors are fair weather friends By Okechukwu Jombo Senate president, Senator David Mark yesterday put paid to speculations making the rounds that he was contemplating joining the All Progressive Congress ( APC), just as he affirmed his unshakable loyalty to the People's Democratic Party ( PDP). Senator Mark stated: " I have no reason to jump ship. I will not leave the PDP. I will be the last man standing for the PDP. The party gave me the platform to be where I am today. " I will stay in the PDP to contribute my quota to the rebuilding and restructuring of the party. This is democracy. Winners emerge and the losers goes back to the drawing board and rejuvenate . Speaking at a special church service to mark his 67th birthday at St. Mulumba Catholic Chaplaincy Apo in ABUJA , the Senate President said: " The outcome of the presidential election in favour of APC is the will of God and majority of NIGERIANS. We, in the PDP have accepted the result in good faith. "Those drifting to the APC now are fair weather friends of the PDP. They are seeking new green areas. When the PDP bounces back, they will seek another return to the PDP. "I believe in PDP manifestos . I will work hard to bring the party back on track. What is important is that we have established democracy in Nigeria". In his remark, the Leader of the Senate, Senator Ndoma-Egba eulogised the President of the Senate for the wisdom he has used to pilot the affairs of the National Assembly adding that his (Mark) continued contributions to socio- economic and political development of the country cannot be undermined . Also, Senator TUNDE Ogbeha prayed God to grant Senator Mark good health, long life and courage in the years ahead. Clerk to the National Assembly, ALHAJI Salisu Maikasuwa praised the Senate president for his resourceful leadership and harmonious working relationship between the management and the political leadership. In his homily, the Parish Priest of St. Mulumba Catholic Chaplaincy, Rev. Fr. Innocent Jooji noted that only God determines the destiny of all human pointing out that "what ever the future holds for each and everyone of us is determined by God, " we should continue to have faith in God."

Over 40 senators not coming back to senate

Over 40 senators not coming back to senate Out of 109 senators currently in the upper legislative chambers over 40 of them are sure not to come back because they are not even candidates in the election Senators likely to be affected, according to findings, are Aloysius Akpan Etok (Senate Committee Chairman on Establishment and Public Service who represents Akwa Ibom North-West); Magery Chuba Okadigbo (Anambra North); Basheer Garba Mohammed (Kano Central); Barnabas Gemade (Committee Chairman on National Planning who represents Benue North-East); Ifeanyi Arthur Okowa (Committee chairman on Health, representing Delta North); Chris Nwankwo (Ebonyi North); and Paulinus Igwe Nwagu (Senate Committee Chairman on Police Affairs, representing Ebonyi North). Others are Senators Nkechi Nwogu (Gas Committee Chairman, representing Abia Central), Uche Chukwumerije (Education Committee Chairman, representing Abia North); George Thompson Sekibo (Committee Chairman on Defence and Army, representing Rivers East); Helen Esuene (Women Affairs Committee Chairman representing Akwa Ibom South); Prof. Benedict Ayade (Cross-River North); Sunday Ogbuoji (Ebonyi South) and Chris Anyanwu (Committee Chairman on Navy who represents Imo East). There are also Ayogu Eze (Committee Chairman on Works representing Enugu North); Senator Victor Lar; Senator Femi Ojudu, Senator Ganiyu Solomon,Victor Ndoma-Egba (Senate Majority Leader representing Cross-River Central,Senator Nnenadi Usman,Senator Muhammed saleh,Aisha Ahassan,Senator Abu Ibrahim, BELLO MOHAMMED TUKUR, ITA SOLOMON JAMES ENANG, LOKPOBIRI HEINEKEN, CLEVER MARCUS IKISIKPO, EDET BASSEY OUT, EDESIRI .E AGUARIAVWODO, EHIGIE EDOBOR UZAMERE, PAULINUS I. NWAGWU, ABUBAKAR ATIKU BAGUDU, NURUDEEN ABATEMI USMAN, SIMEON AJIBOLA, MOHAMMED SHABA LAFIAGI, SULEIMAN ASONYA ADOKWE, SOLOMON SUNDAY AKUKU EWUGA, NUHU. S ZAGBAYI, IBRAHIM MUSA, GYANG PWAJOK

CBN, AMCON to appear before senate on Cecilia Ibru’s N150 Billion assets.

CBN, AMCON to appear before senate on Cecilia Ibru’s N150 Billion assets. By Okechukwu Jombo The last may not have been had over the N150 Billion in assets and cash said to have been forfeited by the erstwhile Managing Director of the defunct Oceanic Bank Plc on her conviction of bank fraud by the court of law It was reliably gathered that the Senate Committee on Drugs, Narcotics, Financial Crimes and Anti-Corruption has invited the Central Bank of Nigeria (CBN), the Asset Management Corporation of Nigeria (AMCON) amongst others to appear before it to respond to a petition alleging certain irregularities perpetrated in the execution of the failed bank consolidation The Committee is also interested in the recovery of assets from loan defaulters and convicted Managing directors of the then oceanic bank Plc, intercontinental Bank Plc, Union Bank Plc, Afri Bank Plc and Bank PHB According to the correspondence from the Senate committee, the petition alleged that the funds and properties recovered by the Economic and Financial Crime Commission were not remitted to the banks and the properties and shares were never advertised for sales nor the proceeds remitted to either the banks nor AMCON The letter of invitation by the committee which was signed by Senator Victor Lar said of particular interest are the assets of Cecilia Ibru under the plea bargain with the EFCC which was alleged to have never been accounted for. The former MD was convicted of bank and securities fraud by a federal high court judge presided over by Justice Dan Abutuin Ikoyi, Lagos. She forfeited Two aircrafts worth $100 million, properties in Dubai, South Africa, London and Abridged Shares In listed Nigerian Companies The committee investigative hearing which is billed to take place today at the hearing Room 438 also summoned the Managing Director of Ecobank Plc formerly Oceanic bank to come along with statements of account from AMCON, NDIC or CBN under the bank consolidation from 2009 till date The MD of Ecobank is expected to also show proof of transfer of assets/shares/cash from AMCON to Ecobank plc Also expected at the hearing is the Ag. Director General of the Security and Exchange Commission (SEC), Munir Gwarzo, and the Chairman of the EFCC, Ibrahim Lamorde,

Ekweremadu Urges Pilgrims to Pray for Peaceful Elections, Fall of Boko Haram

Ekweremadu Urges Pilgrims to Pray for Peaceful Elections, Fall of Boko Haram By Okechukwu Jombo Deputy Senate president , Senator Ike Ekweremadu has enjoined Christians participating in the2015 Easter Pilgrimage to Jerusalem to pray for the peaceful conduct of the2015 general elections. He also charged them topray for the total fall of the Boko Haram insurgency while in the holy land. Senator Ekweremadu spoke during the flag-off ceremony of the 2015 Easter pilgrimage toIsrael, Greece and Rome at the Akanu Ibiam International airport, Enugu, yesterday. Praising the courage of the Nigerian military in the ongoing war against the Boko Haraminsurgency and terrorism, Ekweremadu noted that with God, Nigeria would havepeaceful elections contrary to the negative predictions in some quarters. Hesaid: “I want to ask you to pray for our country, especially for apeaceful, free and fair 2015 general elections and concerning the war againstinsurgency and terrorism. With your prayers, God will not only grant uspeaceful elections, but will have only good men and women elected into offices. “Today our soldiers are doing very well in the onslaught against Boko Haram in the North East. Onbehalf of the people of the South East, I commend their gallantry. But whilethey are engaged in the physical warfare, I urge you to take the spiritualwarfare for the soul of the country and fall of Boko Haram to the holy land." In a relateddevelopment, the Deputy President of the Senate has described the departure ofthe pilgrims from the Akanu Ibiam International Airport, Enugu, as a dream cometrue. He therefore commendedPresident Goodluck Jonathan for upgrading the Enugu Airport to an international status, adding: “As the then Chief of Staff, Government House, Enugu, part of my responsibility then was to coordinate pilgrims leaving from Enugu. ‘’ One evening, I got a call that the vehicle taking our pilgrims to Port Harcourt had an accident and some people died. “When years later, I found myself in the Senate, one of my visions was to ensure that the people of South East would not have to travel for pilgrimage from outsideEnugu; all of us at the National Assembly and the South East political leaderscontinued to pursue it until late President Musa Yar’Adua sanctioned it andPresident Jonathan saw to its fruition”. He assured that the Jonathan Administration would see to the completion of theinfrastructural transformation of the Airport and called on the pilgrims topray for the President. While encouraging the pilgrims to hold their heads high in the holy land, he urged them to be good ambassadors of Nigeria and desist from any actions capable of tainting the image of the country