Saturday 30 March 2019
How ‘God help Nigeria’ resulted in war of words at Onnoghen’s CCT trial
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God bless Nigeria.
The short sentence appears a seemingly harmless one, one which many Nigerians say in a deeply religious country.
However, on Friday, the statement led to a tug of war between top lawyers involved in one of Nigeria’s most controversial court cases.
Adegboyega Awomolo, a Senior Advocate of Nigeria and the counsel to Chief Justice Walter Onnoghen, made the statement in court in reaction to Friday’s ruling of the Code of Conduct Tribunal.
Mr Awomolo prayed for “God to bless Nigeria” in reaction to the judgement and attitude displayed by the tribunal chairman, Danladi Umar.
In a charged atmosphere, the prosecution counsel, Aliyu Umar, would however, have none of it. He questioned Mr Awomolo’s intention for making such statement and later suggested there was a religious connotation to the prosecution’s stance.
How It Started
Friday had been fixed by the tribunal for the defence team to raise their ‘no case’ submission that Mr Onnoghen had no case to answer in the charges filed by the federal government.
Mr Onnoghen’s team of lawyers had asked the tribunal to approve their application, which was intended to ensure that the case against the chief justice ended without having him defend himself.
Led by Mr Awomolo, the lawyers presented a well-marshalled argument to support their submissions that the evidence brought forward by the prosecution were very defective.
They argued that the case against their client was such that no reasonable tribunal would adjudicate in a manner that favours the prosecution.
Mr Awomolo argued that the charge and the evidence brought by the prosecution were presented in a manner that negated the laws under which the Code of Conduct Bureau (CCB) was created.
Mr Onnoghen’s assets declaration submitted to the CCB is the basis for his prosecution with the government arguing he failed to make some declarations.
Mr Awomolo argued that count one of the charge which bordered on the failure of Mr Onnoghen to submit an asset declaration form between 2005 and 2015, was brought without any document from the CCB to prove its point.
Mr Awomolo also submitted that the CCB acted against its own rules when it presented a set of bank documents addressed to the Economic and Financial Crimes Commission, during its nearly 24-hour investigation of Mr Onnoghen’s case.
These among other arguments formed the basis of Mr Awomolo’s submissions to support his claim that the CCB’s charge was not valid and the same could not be acted upon by the tribunal.
Mr Awomolo described the documents addressed to the EFCC as a set “strange piece,” that had no relationship with the instant case.
After concluding his argument, the tribunal chairman, Danladi Umar, acknowledged the intellectual industry with which the defence team tabled its points.
Mr Umar was so encouraging that Mr Awomolo ended by saying that he only decided against requesting for an apology from the prosecution, for bringing the charges, because he was willing to confront the matter with the calmness of his client.
Prosecution Speaks
In response, the prosecution counsel tried to dissuade the tribunal from allowing the requests made by the defence.
The prosecution lawyer, Aliu Umar, described the defects mentioned by the defence as a problem that only affected the “internal communication” within the bureau.
He said the issues bothering on “internal communication” within the bureau cannot form part of reasons why the defence should assume that their case had not been proven.
Mr Umar insisted that the charge against Mr Onnoghen bothered on two major issues: the assertion that he failed to submit his declaration form, till December 2016 and that he left out some issues in the form; an allegation described by the prosecution as amounting to a false declaration of asset.
The Verdict
After both parties had laid down their arguments, the tribunal chairman, Mr Umar, promised to return at 1:30 p.m. to give a verdict on the no-case argument of the prosecution.
Mr Umar returned at exactly 1:30 p.m.
In his ruling, he described the issues earlier called “internal communication” by the prosecution, as Standard Operational Procedures (SOP) of the CCB.
According to Mr Umar, the SOP was “very contradictory” and had not been respected by the current CCB leadership because they were designed to satisfy the “selfish motives of the former CCB leaders under its immediate past Chairman, Sam Saba.”
“The present board chaired by Isa Mohammed has not adopted the standard operational procedures (SOP). In essence, the standard procedure of the Bureau is not used currently at the Bureau because it was authored by the former administration at their own interest.
“The constitutional provisions are superior to the SOP which is internal. The Bureau is not bound by it,” Mr Umar said.
Consequently, Mr Umar agreed with the submissions of the prosecution that the SOP which were internal in nature, could not override the provisions of the constitution.
He ruled that the allegations against Mr Onnoghen had been proven by the defendant’s submissions in his statement to the bureau.
Mr Umar said the submissions by Mr Onnoghen were strong enough to warrant opening his defence.
Speaking in Arabic, Mr Umar said the only person deserving a special reverence in life was God Almighty. He added that the tribunal viewed all Nigerians as equal and would not ascribe to any man a special treatment, regardless of his position in the country.
Tensions rise
After delivering the verdict, Mr Awomolo requested for copies of the ruling and some time to study same.
Mr Umar responded saying he would direct the registry to provide the copies but added that the case was going to be adjourned till Monday.
Mr Awomolo then repeated his request for time to study the ruling and advise Mr Onnoghen on the next step.
He said the provisions of the Administration of Criminal Justice Act allowed them to request for an adjournment, not exceeding 14 days.
But Mr Umar would not adjust the date for the next hearing. His reason was that the matter had been heard on a day-to-day basis, as required by ACJA, since the start of the case.
Subsequently, Mr Awomolo whose mood had slowly began to change attempted to persuade the tribunal and pleaded with the bench not to “oppress” them.
“Give us, Give us, Give us,” Mr Awomolo said emphasising his legitimate request for time.
In a reaction, Mr Umar, who himself is enmeshed in a corruption scandal, denied the allegation that the tribunal’s bench was seeking to oppress the defence.
Without making further comments on the next date of hearing or closing the session formally, the tribunal chairman left the conference room of the tribunal, almost unnoticed.
God help Nigeria
Mr Awomolo, who was speaking while Mr Umar left, thanked the tribunal chairman and added a prayer for “God to bless Nigeria.”
He was still speaking when suddenly miffed by the words of the defence, the prosecutor, Aliu Umar, snapped at the defence team.
The tone of language soon became confrontational, with both parties talking back at each other for almost 30 seconds.
While addressing journalists, the defence team described the ruling as an outright demonstration of injustice and accused the tribunal of “importing arguments” that were not raised by the prosecution.
“He brought his personal opinion into a judgement,” said Mr Awomolo who added that Nigeria was on sure path to destruction if any court should hold that Friday’s judgment of the CCT was legitimate.
When the prosecutor began addressing journalists, he made a comment which suggested his reasons for the outburst a short while earlier.
“Why should you (Mr Awomolo) be saying that ‘God help Nigeria’. Of course God has always helped Nigeria. What is the meaning of that? Mr Umar queried.
Mr Umar insisted that the tribunal was just in its approach to the issues. He reiterated a point earlier made by the tribunal chair that only God should be regarded as higher than any man.
As they approached the car park, another round of argument ensued.
Although it was not clear what the reason for the fresh argument was, the confrontation took a religious connotation. Mr Umar was insisting that he was a proud northerner and Muslim.
“I am from the north and I am proud of it. I am a Muslim and I am proud of it,” Mr Umar said.
There have been allegations that Mr Onnoghen is being so treated by the federal government because he is a Southern Christian. The person favoured by the presidency to take over as chief justice from Mr Onnoghen, Tanko Muhammad, is a Northern Muslim like Mr Buhari.
President Buhari has been repeatedly accused by some Southern and Christian leaders of being unfair in his appointments, an allegation the presidency has always denied.
Whether that allegation by some Nigerians influenced the prosecutor’s remark on Friday was not clear.
Reacting to the prosecutor’s remark, however, a lawyer who was obviously among the defence, tried to explain to Mr Umar that they were not referring to him and that nothing was said to warrant such an outburst.
Still angry about the argument, Mr Umar continued talking in anger, returned to his car and drove off.
Nigerian, Ghanaian officials hold crucial meeting amidst deportation of each other’s citizens
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Ghanaian authorities scrambled Friday to forestall a further escalation of a deportation row that has gripped both their country and Nigeria in recent weeks.
Kwame Takyi, comptroller-general of Ghana Immigration Service, came calling at his Nigerian counterpart Mohammed Babandede’s office in Abuja on Friday afternoon, during which both countries discussed issues surrounding deportation of one another’s citizens.
The visit comes a week after Nigeria deported four Ghanaians to Accra. The News Agency of Nigeria reported that no formal explanation was publicly rendered for the deportation, which was approved by Abdulrahman Dambazau, the interior minister.
A month earlier, Nigeria had protested mass deportation of at least 723 of its citizens between 2018 and February 2019. The Nigerians were accused of illegal stay, cybercrime, prostitution and other social vices.
Eighty-one Nigerians were deported on alleged cybercrime and illegal stay in January, while 115 have so far been deported in February on the allegation of overstay and prostitution, NAN reported, adding that Nigerian ambassador to Ghana, Michael Abikoye, strongly protested the action to the Ghanaian government in Accra.
Nigeria’s objection to the removal of its citizens from Ghana and failure to publicly state the offences of the four deported Ghanaians had fueled speculation that the March 22 decision might have been done in retaliation.
A warning sounded
Details of the meeting between the Ghanaian immigration chief and his Nigerian host were not immediately made public Friday, but multiple immigration officials in Abuja said it was an interaction that elevated Nigeria’s standing on the global stage.
Mr Takyi said his visit to Nigeria was to “reiterate his country’s special relationship with Nigeria,” and quell the raging tension around deportations, an immigration source told PREMIUM TIMES.
A source said Nigeria made it clear that the manner with which its citizens were being treated by Ghana was unacceptable, especially when both countries were widely assumed to be harbouring special diplomatic relations. The official, who pleaded anonymity because he was not an authorised personnel to publicly discuss the meeting, said Nigeria took the high ground in its handling of Ghanaians, especially on an issue that Ghana had long been found wanting.
“Whenever they deported Nigerians, they usually do so by road, and then dump them at Seme Border, they have done this many times in recent years,” the senior immigration official said. “But when we deported their citizens, we buy tickets for them and put them on the plane back to their country.”
The official said many Nigerians often suffered serious torture and injuries in the course of being transported by road from Ghana to Seme Border, an act considered inhuman and a violation of extant international conventions on rights.
Mr Takyi urged a return to the era of seamless relations between Nigeria and Ghana, noting that both countries can achieve a lot through brotherly cooperation.
Mr Babandede acknowledged the mutual benefits inherent in such relationship but ultimately made it clear that specific demands that Nigeria should cease further deportation of Ghanaians would have to be escalated to higher authorities within the Nigerian government for consideration.
Sunday James, a spokesperson for the Nigerian Immigration Service, did not immediately return multiple telephone calls and text messages seeking comments about the meeting between Friday night and Saturday morning.
‘Legitimate bickering’
Both Nigeria and Ghana have enjoyed ‘special relationship’ for decades, but are no strangers to deportation crisis. In the early 1980s, thousands of Ghanaians were forcibly removed from the country by the Shehu Shagari administration, triggering in a chaotic exodus that fueled tensions in the sub-region for years.
Nigeria accused Ghanaians of taking increasingly unavailable jobs and accused many of constituting a nuisance in Lagos and other parts of the country.
Both countries have, however, come a long way since the 1980s fallout, and the latest crisis appeared legitimate on both sides, according to foreign affairs expert Williams Fawole.
“Both countries appear to have serious reasons to deport persons not complying with existing laws in their respective jurisdictions,” Mr Fawole, a professor of international relations at Obafemi Awolowo University, told PREMIUM TIMES Friday night.
Mr Fawole said it was not uncommon for Nigerians to overstay their citizenship in Ghana, or for Ghanaians to stay beyond a permitted period, even though the ECOWAS Treaty has clear provisions on migration in member countries.
“ECOWAS only permits you to stay 90 days without regularising your stay within member countries,” Mr Fawole said. “But if you do not do that within that period, then you are liable to be deported.”
Mr Fawole said Ghana’s explanation for deporting Nigerians was tenable, saying citizens must be encouraged to respect existing laws in any country they live.
“It is not a matter to split our hairs about,” Mr Fawole said.
He said Mr Takyi might have visited Nigeria to further explain why such a high number of Nigerians were deported, but not necessarily to plead for Ghanaians who might not be living in Nigeria legally or those found to have contravened the laws of their host country.
“It is okay to remove any misgivings that might exist,” Mr Fawole said. “However, I do not see this escalating into a serious diplomatic crisis between the two countries.”
Comptroller General of the Nigerian Immigration, Muhammad Babandede. [Photo credit: Channels TV & YouTube.com]
Nigerians mount last-minute pressure on Saraki, Dogara to end NASS budget secrecy
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As the tenure of the eighth National Assembly comes to an end soon, Nigerians are mounting a last-minute pressure on the federal lawmakers to bring an end to budget secrecy in the parliament.
Nigeria’s National Assembly traditionally hides its budget from the public, despite a relentless nationwide campaign against such practice.
The campaign, tagged #OpenNass, began in 2015.
The current assembly published a breakdown of its budget only once, in 2017, after much pressure from the public through the #OpenNASS campaign.
Nigerians, once again, have taken to the social media to revive the campaign, with the hope that the Senate President, Bukola Saraki, and the Speaker of the House of Representatives, Yakubu Dogara, can still abolish the budget secrecy.
Mr Saraki failed in his bid to return to the Senate in the just concluded 2019 election, while Mr Dogara (PDP/ Tafawa Balewa/Bogoro Federal Constituency, Bauchi State) has been re-elected as a member of the House of Representatives for a fourth term.
The #OpenNASS campaign is spearheaded by BudgIT and other civil society organisations in the country.
‘Skyrocketing Budget’
BudgIT said in March on Twitter that between 2003 and 2018, NASS budget “skyrocketed from N23.3 billion to N139.5 billion, with zero accountability”.
It added, “Overall, @nassnigeria has less than 10,000 staff but its yearly allocation is higher than annual budgets of 21 states with more than 4 million people combined.”
In 2015 Appropriation Act, a whopping N150 billion was allocated to the National Assembly which consists of 469 members (109 senators and 360 members of the House of Representatives), excluding legislative aides and other workers.
The N150 billion allocated to the National Assembly at that time was enough to fund the capital votes for 20 Ministries, Departments and Parastatals (MDAs), an analysis by PREMIUM TIMES had shown.
BudgIT issued a statement, earlier in March, this year, calling on Mr Saraki and Mr Dogara to take steps to make the budget of the assembly accessible to the public.
“Aside from the lawmakers being ranked as world’s top-paid legislators, at public expense, the annual budget of the National Assembly is a one-line statutory transfer which is neither reviewed by any authority nor, at very least, made accessible to the public, thus enabling unbridled corruption,” BudgIT said in the statement, signed by its Communications Associate, Shakir Akorede.
“At this age of digital governance plus global calls for transparency in public institutions, it is a national disrepute that the parliament has refused to eschew anti-democratic practices, as it continues to bury its yearly allocations under the hallowed chambers.
“More disappointing is the fact that, despite Nigeria’s membership in Open Government Partnership and tons of pledges by Senate President Bukola Saraki to run an ‘open NASS’, the National Assembly immediately relapsed into its default setting after a breakdown of the budget was made public in 2017, thanks to public pressure.
“Asserting that the 2017 record must be made permanent, we are making a renewed demand from the leadership of the eighth assembly to fully redeem its promise. Starting again with the 2019 budget, a line-by-line breakdown of the NASS allocation must be made public going forward.
“It is worth the call that Senate President Bukola Saraki and Speaker Yakubu Dogara should leave behind a great legacy, one that history would never forget, by truly and finally opening NASS,” BudgIT said.
Concerned Nigerians
A Twitter user, Franklin Odukwu (@odukwufrank), called on other Nigerians on the social media site to ask @bukolasaraki, @iamekweremadu and their representative at the Senate “to open the books on @nassnigeria”.
“Transparency is the right of all Nigerians,” Mr Odukwu said.
Another Twitter user, Adegbite Bolaji (@omoobaadebola) appealed to Mr Saraki to make the budget of the National Assembly public, “for posterity sake”.
A civil society organisation, EiE Nigeria (@EiENigeria) tweeted that since Mr Saraki was not returning to the Senate, he could use the “opportunity to #OpenNASS”.
“#OpenNASS was what @bukolasaraki campaigned on going for that Senate President post and he got there & forgot power is transient and its always about what legacy one leaves behind.
“I asked this question before and I ask again, what would Senate President Saraki be remembered for?” said Aisha Yesufu (@AishaYesufu), the co-convener of the BringBackOurGirls (BBOG).
“One great deed may at times tend to erase or atone for a million wrongs. Senate President Bukola Saraki @bukolasaraki, this might be one of them. You can #OpenNASS within the next two months that remain of your tenure,” said a Twitter user, Bamidele Atiba (@DeleAtiba1).
Another Twitter user, Coker Adeniran (@Deniran1), said many Nigerian politicians were comfortable “retiring” to the National Assembly because of lack of accountability in the parliament.
“If we are going to move forward as a nation, we have to ensure accountability in NASS, and we need to strategically place truthful people there,” Mr Adeniran added.
On course
Mr Akorede of BudgIT told PREMIUM TIMES on Friday that the #OpenNASS campaign was making some progress, but that Nigerians need not relent on it.
Mr Akorede said Mr Saraki has given his words that the National Assembly would publish its budget once the 2019 federal budget is passed.
He said Mr Saraki has accepted to have a dialogue session with BudgIT, although no date has been fixed yet.
“Our stand remains that the National Assembly before Saraki and Dogara leave, it’s a promise, they made a promise, and nobody knows who comes in next as Speaker and Senate president.
“Before they leave, they should fulfill that promise, they should make the 2018 and 2019 budget of the National Assembly open, and we would be able to take it forward from there with whoever becomes the head of the National Assembly in the next dispensation.
“We are now looking at legislation that would compel the National Assembly and, of course, other government agencies to make their annual budget open. But we want the National Assembly to lead by example.
“If you are representing the people, the people should be able to know how much you are receiving and how much you are spending, and on what.
“It is going to be difficult to achieve accountability if there is no transparency,” Mr Akorede said.
Mr Akorede said #OpenNASS ”is not just about making the National Assembly budget accessible to Nigerians”.
The National Assembly, he said, should use electronic voting in their legislative proceedings so that Nigerians could know how each of the federal lawmakers votes on a particular issue before them.
The campaign, he said, is also asking for the National Assembly to avail Nigerians with lawmakers’ attendance record in the assembly.
Nigerians, in the past, were kept in the dark on how much a senator ends as salary and allowances, until the senator representing Kaduna Central, Shehu Sani, revealed in March last year that he and his colleagues were receiving N13.5 million monthly as “running cost.”
Mr. Sani said the “running cost” did not include a N700,000 monthly consolidated salary and allowances which they also receive.
Nigerians were outraged by the revelations.
The lawmaker, Mr Sani, also spoke on the controversial constituency projects for federal lawmakers.
“The constituency project itself is given on a zonal basis and almost every senator will go with a constituency fund of about N200 million, but it is not the cash that is given to you.
“You will be told that you have N200 million with an agency of government for which you will now submit projects equivalent to that amount. And it is that agency of government that will go and do those projects for you.”
Mr Sani said the process of executing the projects was fraught with fraud.
Ndume Refuses To Back Out Of Senate Presidency Race Despite Exit Rumours
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“Even if he is to withdraw, which is not likely, it has to be with the full consent of the stakeholders in Borno State first. And as at the last time we met with Senator Ndume, which was some hours ago, the issue of backing out was never discussed. Besides, how can a man that just left Maiduguri late Friday afternoon be said to have met with the President on the same day?"
Associates of Borno senator, Ali Ndume, have debunked social media posts that the lawmaker has withdrawn from the race for the presidency of the ninth Senate in support of Senate Leader, Ahmed Lawan.
Sahara Reporters saw a Facebook post suggesting senators Ndume and Danjuma Goje, who is also interested, have withdrawn from the race following a purported meeting with President Muhammadu Buhari.
Reacting to the social media rumour, some concerned Borno group and associates of the former Senate Leader held a press conference late Friday night to debunk the story.
Spokesman of the group, Samaila Ville, told journalists in Maiduguri that the news being spread on the social media “is mischievous and fake”.
“We were surprised to see the post on social media that our son, Senator Ndume, had withdrawn from the senate presidency race after he and the former Governor of Gombe state, Danjuma Goje, had met with the President,” Ville said.
“Though we did not believe the news, we still had to check with Senator Ndume who had just left for Abuja, to ascertain the veracity of such wicked rumour. And his response was in the negative, that he had never, not even for once, contemplated backing out of the race.
“We know that the rumour was fake; and we want to categorically tell it to the world that the race for the presidency of the 9th senate is not all about Senator Ndume, but a collective decision. It all started locally from here; we are the ones that asked him to run after we had massively voted for him for the third time as senator representing Borno South.
“Even if he is to withdraw, which is not likely, it has to be with the full consent of the stakeholders in Borno State first. And as at the last time we met with Senator Ndume, which was some hours ago, the issue of backing out was never discussed. Besides, how can a man that just left Maiduguri late Friday afternoon be said to have met with the President on the same day?
“All we want is a level playing ground for all candidates to exercise their rights and freewill in seeking the Senate President seat. Senator Ndume has never asked for too much by insisting that the seat should be made open to all; and even if it is going to be zoned to the northeast, let the aspirants who are all equal in their respective rights go and slog it out. And we the people of Borno stand by him on that.
"We are also happy to hear the APC National Chairman, Adams Oshiomole, say on Channels TV’s ‘Hard Copy’ that he cannot appoint or impose anyone on the Senate. Let him stick to that and allow democracy to prevail in the election of who becomes the next Senate President.”
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