The Chief Justice of Nigeria, Justice Mahmud Mohammed has confessed that the country’s judiciary is not independent as it is supposed to be. According to him, judiciary cannot be said to be independent in a country where only one percent of the national budget is given to the institution. Justice Mohammed, who spoke today at the opening of the 2015 All Nigeria Judges’ Conference at the National Judicial Institute in Abuja, begged the Executive and the Legislature to ensure the proper independence of the Judiciary as it is the last hope of the common man and the only independent institution in any democracy. The nation’s chief Judge said that in keeping with the aim and objective of the National Judicial Institute, the 2015 Conference accord participants the avenue to discuss and disseminate information about any part of its activities to the extent deemed justified by the Board of Governors generally as a contribution towards knowledge. This was even as President Mumammadu Buhari, represented by Vice President Yemi Osinbajo called for a comprehensive agenda in order to reform the country’s judiciary. “I have to admit that reforming the current system must extend beyond the judiciary and necessarily include reviewing laws, institutions, processes and procedures that inhibit speedy justice delivery.” President Buhari insisted that Nigerians needed to re-orientate and improve the attitude of legal practitioners and the legal profession in general. He said that as part of the review and reformation process, “there is the need to streamline the jurisdiction of the Supreme Court to focus on key constitutional issues, novel questions of law and current areas of its original jurisdiction. This is obviously due to leeway given to almost every case filed in any level of the court system from any part of the country to rise on appeal to the Supreme Court. “While it is undeniable that the Judiciary continues to make incremental progress in playing its constitutional role, urgent reforms therefore remain imperative in several areas.” On timely dispensation of justice, President Buhari said that the justice system currently has a reputation for delays, occasioned by a combination of endless adjournments, incessant interlocutory applications and overwhelming caseloads. “On the point of negative perception, there is both local and international dissatisfaction with the long delays in the trial process. The reasons for the delays or outright inaction in such matters are sometimes beyond the courts, and in several cases, are the consequences of shoddy investigation, outmoded rules of procedure, poor prosecution or unprofessional practices of counsel. The Judiciary must however play its role in ensuring that its internal processes are promptly improved and made ready to expedite trials.” Buhari acknowledged the negative consequences of delayed justice and its effect on the economy, saying that the ability to enforce contractual obligations and resolve disputes is an essential consideration for intending investors, both local and foreign, in deciding where to put their money. On recovery of stolen funds by public officials, he said that official corruption is an egregious crime against humanity because it is the primary cause of poverty which accounts for the large preventable deaths in the country. He stressed that such should be a matter of concern of all, adding: “government’s attempt to recover assets in accordance with the law is often faced with dilatory tactics by lawyers. These tactics are often not directed at reaching any conclusion or affirming innocence or guilt, but at stalling trials indefinitely.” [myad]
Canadian music maestro, Celine Dion, yesterday, led the music industry in an emotional tribute to the victims of the Paris attacks, as the American Music Awards heard appeals for a peaceful world.
The singer sang Edith Piaf’s classic “Hymne a l’Amour” (“Hymn to Love”) in French at the star-studded ceremony in Los Angeles, which went ahead barely a week after the assault on a concert hall and other civilian targets across Paris.
In front of a screen flashing images of Paris that culminated with the Eiffel Tower in the French flag’s tricolor, Dion sang the song of lost love as some members of the audience were seen in tears.
Dion was introduced by the actor and musician Jared Leto, who recalled playing with his band Thirty Seconds to Mars earlier this year at the historic Bataclan theater that saw the heaviest death toll in the November 13 attacks.
Some 130 people died but “another seven billion will forever be scarred by this horrific and senseless tragedy,” Leto said.
“France matters, Russia matters, Syria matters, Mali matters, the Middle East matters, the United States matters — the entire world matters. And peace is possible,” he said to applause.
Leto also took aim at anti-foreigner sentiment that has emerged in the wake of the Paris attacks, which was claimed by the Islamic State group.
“Many of us here are the sons and the daughters of immigrants,” he said, pointing out that late Apple innovator Steve Jobs was of Syrian heritage.
– Music ‘positive’ amid tragedy –
The tribute was a rare somber note in the made-for-television gala, although the electronic producer Skrillex also referred to world turmoil as he accepted an award for his work with pop celebrity Justin Bieber.
“There is so much negative stuff going on in the world, so it’s up to us to be positive,” Skrillex said of musicians’ role.
The rap duo Macklemore and Ryan Lewis also took to the stage to debut a new song, “Kevin,” a politically charged tale of drug addiction’s toll in modern America that featured the soul singer Leon Bridges.
The American Music Awards are designed as a glitzy extravaganza and, unlike the more prestigious Grammy Awards which will take place in February, the winners are determined by voting from fans rather than the music industry.
For the second straight year, British boy band One Direction won Artist of the Year.
The prize comes just after the band released its latest album, “Made in the A.M.,” that the group says will be its last before a hiatus.
Pop superstar Taylor Swift won three awards, more than anyone else, including favorite album for her blockbuster “1989.”
– Surprise moments –
Ariana Grande, the child star turned arena-packing pop singer, beat out Swift for favorite female pop or rock artist.
The 22-year-old, initially at a loss for words, thanked her gray-haired grandmother who had been sitting next to her in the audience.
“I think I owe a lot of this to my nonna,” Grande, who is of Italian descent, said in reference to her grandmother.
“She told me, ‘Ariana, I went on the computer and voted, so I think you’ll win.’”
In a sign of the burgeoning US market for country music, the award for favorite new artist went to Nashville crooner Sam Hunt, who outpaced emerging stars in other genres including The Weeknd who won in the two R&B categories.
In one of the moments that drew the most attention on social media, young singer Charlie Puth passionately kissed Meghan Trainor after they sang together.
Puth and Trainor, who has become a star in part due to her struggles with body image, had teamed up for his song “Marvin Gaye,” which uses the name of the legendary “Let’s Get It On” R&B singer as a euphemism for sex. [myad]
This bundle of beautiful young lady, dressed in typical African Asioke, welcomes President Muhammadu Buhari with a bundle of beautiful roses, as the President steps into Iran for a three-day official visit.
President Muhammad Buhari and Iranian President, Hassan Rouhani President Buhari with (R) President of Equitorial Guinea H.E. Teodoro Obiang Nguema Mbasogo, (L) President of the Islamic Republic of Iran H.E. Hassan Rouhani, President of Russia Vladimir Putin wave to the press during the group photo at the 3rd Summit of Gas Exporting Countries Forum in Tehran Iran on 23rd Nov 2015
Governor Idris Wada has declared seven days of mourning for late Prince Abubakar Audu who died suddenly yesterday in Lokoja, the state capital. The late politician was the gubernatorial candidate of All Peoples Congess (APC) in the Saturday election, which was declared inconclusive yesterday by the Chief Returning Officer of the Independent National Electoral Commission (INEC), Professor Emmanuel Ujah.
Governor Wad, who trailed behind late Audu in the results of the election so far released, described Audu’s death as a personal loss to him.
The governor, who did not give details of how the seven day mourning would be observed, also acknowledged that Audu’s death was a big loss to the people of Kogi State.
Meanwhile, the remains of Prince Abubakar Audu have been scheduled to be buried today according to Islamic rite. [myad]
Former Nigeria Minister of Petroleum, Mrs. Diezani Alison-Madueke has revealed how she stopped the former minister of finance, Ngozi Okojo-Iweala from diverting $2 billion which was part of the $5.6 Billion from the purse of the Nigeria Liquefied Natural Gas (NLNG).
In the concluding part of her interview with Mr. Dele Momodu, the former minister who is currently undergoing treatment for cancer in a London hospital, recalled that on 4th of May, “Ngozi (Dr. Okonjo-Iweala) wrote to the President to release $2 billion from the money to clear her table and pay contractors, which would have depleted the money to $3.6 billion, but I said to the President (Goodluck Jonathan) we shouldn’t do that.
“I explained what the accrued money was meant for and gave a detailed background of the account. Even in the past, Ngozi and the NSA (National Security Adviser) had asked to be funded from it and I stood my ground because the money was meant for the gas project in Brass LNG in Bayelsa. Conoco Phillips pulling out affected it. We wanted to run a gas economy.”
The former petroleum minister explained that the $2 billion was part of the $5.6 Billion she left for the incoming President, Muhammadu Buhari which made it possible for him (Buhari) to pay the bail-out to state governors to settle workers’salary arrers.
“If I was corrupt, I would have spent the money on paying contractors who would have been too happy to do anything. I got calls from some of them promising kickbacks if I could pay but I refused and the rest is history.
“I actually left $5.6billion in the NLNG alone but no one is talking about it. I’m not seeking to be praised but to be acknowledged that I made some little contributions.
“That money could have been wasted on frivolities but I was determined to keep something for the incoming government once we lost the election.”
Diezani said she was not surprised about the allegations of corruption, adding that Buhari, despite his impeccable pedigree, was alleged to have had N2.8billion vanished under his nose.
“Till this day no one has been able to prove that the then Major General Buhari stole a kobo,” she said.
She said while it is true that a Minister is influential, the real power is in NNPC.
“A Minister sits in the Ministry treating files, holding meetings at home and abroad, looking glamorous and taking all the flak but people forget that the soul and heart of the nation is NNPC. The kind of due process we followed was rigorous. You know, I came from Shell, where you had to account for everything properly.”
Asked to respond to the negative perception about her, Diezani said: “I was sitting on the prime portfolio in a mono product economy. I carried out my duty in the strictest terms. I stuck to my mandate which incidentally was one which I championed with my Boss, to open up the sector to our own people as long as they can satisfy the laid down rules in the Local Content Act.
“I ensured that Nigerians would get the right of first refusal. But unfortunately I stepped on toes, very powerful toes. I was not liked by the foreigners and also some Nigerians who lost out. Hakeem Bello-Osagie once told me something I cannot forget; that 90 percent of Nigerians want to do oil business but you can only satisfy about three percent, so the rest will get angry thinking you blocked them.
“Believe it or not, and God is my witness, I didn’t have to steal. I’m not an Angel but I’m not a devil. I don’t have billions anywhere. How is it possible for one woman to steal billions of dollars in a country like Nigeria? Did I blow up the vaults of the Central Bank or transfer the money to heaven? Where can you keep such money in this age of money laundering fiasco?
“I did my job professionally without even thinking of anyone as opposition. Otherwise we would not have approved the Oando-Conoco Phillips deal. Tinubu came to see me three times and we approved on merit…”
She also spoke on accusations that she funded President Jonathan’s re-election bid: “How can I use $20 billion for elections. That is absolutely impossible. My boss will never do such a thing. Many people don’t know my boss. He is a very principled and stubborn man. There are things he will not do. And there are things I will not do. I protected the interests of my country.
“I can’t blame the doubters. They have seen more of the worst of Nigeria that it becomes difficult to trust anyone. But let me disclose something to you today because there is a difference between belief and reality. I did an unusual thing in our last days in government. I’m not sure I should tell you before people say I’m boasting.”
Diezani added that her priority now is how to take care of her poor health.
“I’m battling with a very serious type of cancer. I have tried everything to contain the malevolent spread. I have had two surgeries. The first was to take out the lumps from my breast and the second was to cut deeper into the tissues. I did the last one about three weeks ago (now about five weeks). I’m still in some pains. I’ve gone through Chemotherapy and now I’m starting Radiotherapy on Monday for five weeks (two Mondays ago).
“I’m praying this one goes well because I don’t know if there is anything the doctors can do beyond this. The steroids were devastating and at a point, I slipped into coma on July 28. My sugar level went wild first to 25 and then to 80. The doctors called it a near-miss and I now know what they mean when people say, ‘health is wealth.’
“My 14 year old son has been asking if Mummy would die. I really don’t know because I believe nothing is impossible for God. I’ve told my son that I will carry his children and grandchildren…I pray I will.
“If I were a man may be things would have been different; it would never have gone to this extent. I have never stolen from my country. I will repeat that before God and man even if no one would listen. On this job, you don’t have to steal.
“Nigerians are the most wonderful people if you are lucky to have a few good friends who believe in you. All the foreign Ambassadors say it, the reason many often come back to work and reside in our country. People can call Nigeria and Nigerians bad names but we remain the most generous and humane people on earth.
“If I have another chance, I will be more tempered on stepping on big toes but I will still do my job the best way but in a moderated way. Perhaps, I should have done things more subtly. I did what I thought was good for my country. I own no oil well. The President signed none for himself. I do not indulge in extravagant things even if people think I’m flamboyant. My only indulgence is my family and may be architecture and architectural interiors.
“God will do as He wills. He said He will bless who He wishes to bless… There is nothing anyone can do about it. So be happy about people’s good fortune. It all feels like a bad dream but God knows the beginning from the end and the end from the beginning,” Diezani concluded. [myad]
Two legal practitioners have said that the death of the gubernatorial candidate of the All Progressives Congress (APC) in Kogi State, Prince Abubakar Audu, has exposed a lacuna in the constitution.
In separate interviews, the duo described the development as “unusual,” which Section 181 does not address.
According to 181 (1) if a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.
(2) Where the persons duly elected as Governor and Deputy Governor of a State die or are for any reason unable to assume office before the inauguration of the house of Assembly, the Independent National Electoral Commission shall immediately conduct an election for a Governor and Deputy Governor of the State.
A lawyer, Paul Edeh, in his reaction said: “Obviously, the death of Audu has exposed a lacuna in our constitution which only the court can resolve. This has never occurred in Nigeria’s history so it is peculiar.
“Audu’s deputy, James Abiodun Faleke would only be in a position to be declared winner, if Audu had been announced as winner before he passed on. But as it is, Faleke cannot replace him because the election was inconclusive.
“APC held a primary that produced Audu the valid candidate. It was he who nominated his deputy, Faleke. As it stands now, APC has no candidate.
“If the APC decided to elevate Faleke to its governorship candidate without INEC or the court ordering it, they may regret because PDP will go to court and argue that APC had no valid candidate.
“And the sad truth is that PDP may win because we had a similar case in Rivers.
“The court declared Rotimi Ameachi winner because he successfully argued that he, not Celestine Omehia was the valid canidate.
“Also look at Taraba, the APC argued that the PDP did not conduct a primary. In APC’s words, PDP did not have a valid candidate.
“The Tribunal declared the APC candidate, Mama Taraba, winner because it believes that PDP had no candidate.”
“Looking at what has happened now, PDP may be coasting home if APC go ahead in this election because the court may later upturn their victory in the event they win.
Another lawyer based in Abuja, Barrister Yunusa, said Section 173 (3) of the 1999 constitution as amended may be applied.
It says: “Where in an election to the office of Governor of a State one of the two or more candidates nominated for the election is the only candidate after the close of nomination by reason of disqualification, withdrawal, incapacitation, appearance or death of the candidates, the INEC shall extend the time for the nomination.”
Yunusa opined that: “This section may be applied so that the APC can conduct another primary to elect another candidate.
“From my point of view, the election being inconclusive may be cancelled because one of the candidate is dead.
“I expect INEC to come out with their position. But whatever they say would be argued in court by any of the parties that contested for at least one of them will feel aggrieved.
“That said, I expect a legal battle. On this issue, the court will have the final say.
“It is now clear that the National Assembly must start work to include this kind of scenario in the constitution.”
The death of Prince Audu, Governorship candidate of the APC in the inconclusive Kogi Governorship Poll, held on Saturday 21st November, 2015, has created serious legal and constitutional conundrum that demands urgent and quick judicial address and resolution.
We are in a strange legal and constitutional territory. The 1999 Constitution and the Electoral Act 2011 do not envisage the unfortunate circumstances the death of Prince Audu in the middle of a poll foists. Recall that INEC declared the Saturday poll inconclusive, which makes the provisions of Section 181(1) of the Constitution, 1999 inapplicable in the circumstances. Whatever positivist interpretation ( an approach the Supreme Court has adopted in a plethora of authorities) commentariat gives to Section 181(1), the phrase, ” if a person is duly elected as Governor”, couldn’t have availed late Prince Audu were he alive because he didn’t meet the conditions set out in Section 179 (2) of the Constitution, 1999. Or that Prince Audu and Gov Wada did not meet the conditions set out in Section 179(2) (b) of the Constitution as aforesaid. And it was for this reason that INEC declared the Saturday poll inconclusive and ordered supplementary poll for 91 polling units. Our view, here, however, is that any positivist interpretation that seeks to clothe the APC with what S.181(1) does not avail it is to inflict violence on the Constitution. Since we are in a strange legal and constitutional territory, no inference can be drawn from Boni Haruna’s case to fit the present circumstances because the facts are not similar.
As it stands, what should serve as the icebreaker of this seemingly intractable legal and constitutional logjam is the interpretation the court places on Section 36(1) and Section 33 of the Electoral Act, 2011. Our sense, here, is that in resolving the conundrum and breaking the logjam, our court cannot go beyond the purview of Section 36(1) of the Electoral Act, which deals with the death of a candidate and Section 33 of the Electoral Act which sets out the right of a political party to substitute its candidate who has withdrawn his candidacy or has died. The questions our court must address itself to therefore are: 1) What nature of poll does Section 36(1) envisage- fresh election, re-run, or bye-election? 2) Does the INEC-ordered “supplementary poll” fall within the purview of this section? 3) What does the phrase, “dies before the poll” mean?
Our view is that since Section 36(1) does not define the character of the poll or places a nomenclature on the poll, the liberal interpretation is that it envisages the poll expected to be conducted in the 91 polling units as announced by INEC in the immediate aftermath of the Saturday poll. Therefore, it can plausibly be held that Prince Audu died before the expected poll and INEC is thus empowered by the Act to countermand the poll and fix a date for the poll within 14 days. If this position is correct, and we think it is, APC is thus empowered by Section 33 to substitute its dead candidate. It is needless to conduct fresh party primary in the circumstances!
As we have consistently argued since 2011, there is no provision in our extant electoral laws that empowers INEC to order or conduct supplementary polls. The order made by INEC for supplementary poll to conclude the Kogi Governorship poll is unknown to the Electoral Act. The Electoral Act is very clear in Section 70: fresh election can only be ordered where there is equality of votes cast for two candidates with the highest or majority of votes.
We expect that while the court invariably resolves this seeming legal conundrum the death of Prince Audu foists, pronouncements can be made on the legality or illegality of supplementary polls.
Abdul Mahmud, Esq is President of the Public Interest Lawyers League (PILL). [myad]
The reported death on Sunday, November 22nd, 2015, of the APC candidate in the Kogi State Governorship elections, Prince Abubakar Audu, is extremely shocking and sad. I would like to express my condolences to the entire family of Audu and to the people of Kogi State. However, the real question agitating the minds of everybody is the legal implication regarding the inconclusive Governorship elections at the time of his demise. To state it correctly, he was said to have died AFTER the announcement of the results by INEC and after INEC had declared the elections inconclusive. Admittedly, this is a strange and novel constitutional scenario. It has never happened in our constitutional history to the extent that when an election has been partially conducted (and not before or after the elections) a candidate dies. What then happens? This is a hybrid situation between what happened in the case of Atiku Abubakar/Boni Haruna in 1999 and the provision of section 33 of the Electoral Act, 2010. In the case of Atiku Abubakar/Boni Haruna [which is now a clear constitutional provision of section 181(1) of the 1999 Constitution (as amended)] the Supreme Court held, in effect, that “if a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the house of Assembly of the State”. In the case of section 33 of the Electoral Act 2010 it provides, in effect, that if a person has been duly nominated as a candidate of his party and he dies before the election then the political party has the right to replace him with another candidate and not necessarily the Deputy Governorship candidate. Now, does the Kogi situation fit into section 181(1) of the Constitution as quoted above or section 33 of the Electoral Act mentioned above? My simple position is that the Kogi situation fits more into section 181(1) of the 1999 Constitution (as amended) and as such James Abiodun Faleke automatically becomes the governorship candidate of the APC. This is because even though the election in inconclusive, votes have been counted and allocated to Parties and candidates. As a result the joint ticket of Audu/Faleke has acquired some votes already. James Abiodun Faleke is as much entitled to those votes already counted as much as the late Abubakar Audu. He has a right to cling to those votes going into the supplementary election. There is only one problem, though. Who nominates Faleke’s Deputy? Unlike section 181(1) of the 1999 Constitution, he cannot approach the House of Assembly of the State to approve a nomination by him of a Deputy. This is because, in reality, he is not duly elected yet. Therefore it is only reasonable to conclude that it is APC (Faleke’s political party) that should submit the name of a fresh Deputy Governorship candidate to INEC for the supplementary election. This is the only position in this situation that accords with reason and good sense.
The flag bearer of All Progressives Congress (APC) in yesterday’s governorship election in Kogi state, Prince Abubakar Audu died today shortly after the Chief Returning Officer of the Independent National Electoral Commission (INEC), Professor Emmanuel Ujah declared the election inconclusive.
Prince Audu was said to have collapsed immediately Professor Ujah made the declaration and was packaged into a vehicle on the way to Abuja for immediate medical attention. It was gathered that he hardly got out of Lokoja, the state capital when he gave up the ghost.
Some of the political associates of the Prince, including a serving senator from the state and top members of his Campaign Organization, confirmed his death. Audu was said to have taken ill in the early hours of today as a cumulative effect of the hectic campaigns before the election. It was learnt that he had been on medication for heart related ailment to sustain him in the last couple of years.
Prince Abubakar Audu, first Executive Governor of Kogi State was born on 27 October 1947, to the family of his Royal Highness, the late Pa Audu Oyidi, Orego Atta of Igala Land and the paramount ruler of Ogbonicha-Alloma in Ofu Local Government Area of Kogi State.
He started his education at the then N.A. Junior Primary School, Alloma, and later N.A Senior School Ankpa, from where he proceeded to Dennis Memorial Grammar School, Onitsha. He later transferred to the Jos Commercial College where he obtained both the GCE O and A levels.
After a stint as a bank worker, Prince Audu later proceeded to London from 1975-1978 where he studied banking and personnel management, obtaining professional qualification as a certified secretary, and as a Fellow of the Association of International Accountants of London, as well as fellowship of the Chartered Institute of Industrial Administration of Nigeria.
Audu’s banking career lasted for a total of 25 years, which he spent with First Bank – formerly known and Standard Bank. Here, he served in various capacities at management level until 1991. He also made history as the bank’s first training officer of African descent and also as one of the first black senior management staff of Standard Chartered Bank in London and New York.
In 1991, he was appointed Executive Director of FSB International Bank PLC.
Audu’s sojourn into public service began in 1986 when was appointed as Commissioner for Finance and Economic Planning in the Old Benue state. He served in this capacity until 1988 when the cabinet was dissolved. He then returned to Fist Bank of Nigeria PLC as a General Manager.
In August 1991, Kogi state was created from parts of the old Benue and Kwara states. This coincided with one of Nigeria’s many previous encounters with democracy, and Audu, being part of those who had advocated for the creation of the state and a notable son of the soil, was invited to contest for governorship. He contested on the platform of the National Republican Convention (NRC) and won the election held in November, 1991. He was subsequently sworn in as the first executive governor of Kogi state in January 1992.
In 1998, democracy was again re-introduced and Audu, now with the All Nigeria People’s Party (ANPP), was elected again with over 700,000 votes while his opponent hardly recorded 50% of the vote cast. He was sworn in on 29 May 1999 as the 2nd Executive Governor of Kogi State.
His socio-economic contribution in the state is to date a point of reference to the generality of the people and many aspiring leaders. Some of his major achievements during his brief first term of office include the establishment of three different housing schemes for public officers consisting of over 1,500 housing units in Lokoja, the transformation of Lokoja township with asphalt roads, street lights, aesthetic roundabouts, the construction of inter-township and rural roads, over 75 electrification schemes and 50 water projects.
Others include the founding of Kogi State Polytechnic, the establishment of a television station, radio station (both AM and FM), a state newspaper and the transformation of the colonial residence of Lord Lugard into an Ultra Modern Government House Complex, the construction of office blocks for ministries as the new state had no office accommodation, the construction of shopping arcade complex to enhance commercial activities, among others.
He also pioneered the construction of the first ultra modern state liaison office in Abuja. His administration also built an ultra modern stadium and a five star hotel in Lokoja, the Confluence Beach Hotel.
He also took steps to woo prospective investors to harness the numerous solid mineral potentials in the State. The big prize was the establishment of Obasanjo Cement Factory. The project, which was on going before he left office, attracted the support of the United State Government. During the visit of former President Bill Clinton to Nigeria, the State Government signed the agreement with the US Trade Development Agency (TDA) for a grant to finalize the feasibility work on the project. The cement project is now operational.
The establishment of a state university, Kogi State University Anyigba, is another testimony to his vision and resourcefulness. The foundation stone was laid on 30 November 1999, when former President Olusegun Obasanjo, visited the state. About a year later, the President returned to Anyigba during a state visit to commission the University complex. According to a report of a visitation panel to the university from the Nigeria University Commission, the institution was then described as the fastest growing university in the country. The university received tremendous international support, which included an affiliation programme to Morgan State University Baltimore. Also, seven visiting professors from various universities in the United States were at the university to review its curriculum and align it with their own universities and prepare the students for exchange programme to give the university an international acceptability.
Prince Audu completed several landmark projects within four years. They include: 250 units Housing Estate, a Sport Complex, a Specialist Eye Hospital and 25 other medical Institutions. Others are: a Special Government Girls Secondary School on student exchange programme, 350 borehole schemes, 300 kilometers of township roads, the procurement of 100 transit buses and completion of 40 rural electrification projects.
He was also named the best governor in the 1999-2003 dispensation, despite being a governor on the platform of the opposition, the ANPP.
A highly traveled politician, Prince Audu brought so many honors to the country through his personal relationships with foreign statesmen. It is known that he enjoyed a very intimate relationship with the former British Prime Minister, Mr. John Major. In 1993, he and the member of his family were special guests of the British Prime Minister at No 10, Downing Street where he hosted them to a State Banquet. Also in 1993, he attended the Commonwealth Heads of Government Meeting in Cyprus. His connection with the international community saved Nigeria during the heady days of Shonekan administration from economic embargo. In December 1999, he was on the delegation of President Olusegun Obasanjo during the State visit to Germany. On every account, Prince Audu who maintains a good circle of friends across the country was by every judgment a great patriot, visionary, humanist and nationalist. The outstanding achievements of Prince Abubakar Audu was acknowledged by several organizations within and outside Nigeria through awards and honours presented to him.
Prince Abubakar Audu contested in the 2003 Kogi State gubernatorial elections but lost. His loss at the poll was attributed to electoral rigging and other forms of manipulation, and 2003 was generally acknowledged in Nigeria’s history as the beginning of a period of fraudulent electoral process carried out by the then PDP-led Federal Government.
In 2007 when election bells rang again, Prince Audu went to the polls, and was again defeated by massive electoral fraud committed by the then incumbent – Ibrahim Idris. Prince Abubakar Audu thereupon went to the Election Tribunal who nullified that election, and ordered fresh elections. Again, Prince Abubakar Audu contested against Ibrahim Idris, and again, was defeated by a fraudulent electoral process.
In 2012, Audu again contested a new comer to the field, Captain Idris Ichalla Wada, and was defeated by another election fraught with fraud. The result of the particular election were allegedly announced while collation was still on-going.
When Prince Audu left office in 2003, he was charged by Nigeria’s anti-corruption agency, the Economic and Financial Crimes Commission (EFCC), with corruption. This case was on for twelve years and many people said thatit was coined as an attempt by the then ruling PDP to smear Audu’s image, especially in light of the achievements recorded during his tenure.
He responded to these allegations, stating that while he was governor, the state received less than N400 million as monthly allocation, and that it would have been impossible to embezzle the N12 billion that the agency claimed he did when he received less than N19 billion in total, yet embarked on many projects.
The Agency changed the figure he allegedly embezzled over the years; previously, they stated N1 billion, later N4 billion, and N12 billion. Audu described the EFCC case as being politically motivated.
Prince Abubakar Audu emerged as the candidate of the APC at the August 28th Kogi State gubernatorial primary election. Subsequently, he announced James Abiodun Faleke, a legislator, as his running mate. [myad]
My first encounter with Mama, Mrs Hannah Idowu Dideolu Awolowo, was on November 5, 1983 after the Presidential election, which Papa AWO contested and was perceptibly rigged out.
Mama had accompanied her husband the symbol of progressive politics in Nigeria on a visit to the Nigerian Tribune’s new office complex at Imalefalafia Street, Oke Ado in Ibadan. The Tribune office had just moved from Yemetu Adeoyo area, Ibadan to the new site. It was an historic visit which, according to the then Administrative Manager of Tribune, the late Mr Olumuyiwa, was Papa’s second visit since he founded the newspaper House in 1949.
Before that event, I had had close contacts with the sage in my major assignment as the Tribune reporter that covered his Presidential electioneering campaigns in 1979 and 1983, which he contested on the platform of the Unity Party of Nigeria (UPN). I traversed the length and breadth of Nigeria with Papa AWO during those memorable periods. It was fun all through, being embedded in the campaign train of the greatest progressive party ever to emerge in the political history of Nigeria.
In the new Tribune office complex Papa AWO, flanked by Mama, moved from one office to the other as they inspected the facilities so far installed. The inspection tour of the complex was about to end when Papa suddenly sighted me and called out my surname. Mama’s attention focused on me immediately and I could see a look of surprise on her.
” So you are Folu Olamiti, “Omo Baba” (Papa’s God Son), she interjected. For me, it was an encounter of a lifetime, more so as Mama from that time developed special interest in me. From then on, I must pay courtesies to Mama specially each time I went to Ikenne for one assignment or the other and enjoyed her warm hospitality. Indeed, the passing away of the Sage in 1987 made the bond between Mama and Me grow stronger. Mama drew me closer each time, leaving me with a strong determination to be absolutely loyal to Tribune just as I increasingly became a caucus member of the Awolowo’s family.
The situation remained so till July 3, 2015 when Mama entreated me to visit her in Ikenne. For me, the visit was divinely inspired. This is because a week earlier, I had a dream and saw Mama spotting a sparkling white apparel and looking every bit resplendent as she ushered me into the larger family sitting room. As I settled down for our usual mother and son discussions with eagerness to tap more from her wisdom, I woke up.
After the dream, I put a call to Mama and Her secretary picked and handed over the receiver to Her. I felt Her usual strong and clear voice immediately. She was excited to hear from me and we fixed the appointment for 2.00 pm.
Mama was ready and waiting for me. She looked splendid in a native dress. Typical of Mama, she was seated on the dot of 2.00 pm while I was 15 minutes behind schedule. The guilt of arriving late for the meeting hit me as I sighted her seated in her favourite corner of the spacious sitting room. Then I thought about the impressive ways she usually arranged her time and schedules. She was ever smart and mentally alert. You could hardly fault Mama on any plan she drew for engagements with people or groups. Even in Her old age, she usually worked round the clock
I had had the privilege of paying several visits to Mama, yet my last visit was touching and memorable. She beckoned on me to move closer. Almost immediately she intoned; ” Folu I have aged. My legs are weak. They can no longer support my body. My hearing is impaired and my eyes are also fading. “I interjected quickly and said, “Mama there is nothing to worry about. Your complaints are traits of old age”. I assured her that age notwithstanding, her elements; most especially her mental alertness was still intact. I prayed with her and expressed conviction that she would live to clock 100 years while the world would love to celebrate that rare grace. Mama seemed not to follow the track as she kept a low tone in response. Then she broke into silence as if to communicate some doubt and premonition on what was to come.
Mama dozed off for few seconds and became awake only to shift her thoughts to Tribune. She expressed joy on the rising and flourishing status of the Tribune titles. She was full of hope that the management would be able to keep the flag flying for long.
She said: “I am indeed happy with the resounding progress the Tribune titles have attained. It gladdens my heart and lifts my soul. I hear that the paper is one of the best in the country today. A few weeks ago, I traveled to Ibadan to formally commission the multimillion Naira printing machine they just bought. Though I was feeble, I was wheeled into the Production Room and I laid my hands on the machine to bless it for effective performance. I prayed for the entire members of staff and those who had contributed one way or the other to the success story. I assure you Folu that even when I cross over to the next world God will continue to grant my heart desire to keep Tribune going stronger and stronger”
From her countenance, one could see that the concluding part of that statement was more than just a wish. It was a fervent prayer to God to preserve and sustain Tribune long beyond her time.
On Monday 16 November 2015 ,Mama symbolically made her last appearance at the Tribune House in Ibadan. It was also the 66th year anniversary of Nigerian Tribune – the oldest surviving newspaper in Nigeria – a newspaper long ago nicknamed by Papa as ‘Apamaku’ (never say die newspaper). Mama’s lifeless body laid there as hundreds of both Tribune Staff and other well wishers bid her farewell in the premises of a newspaper she toiled and labored to nurture to greater height.
It goes without saying that the best honour those Mama left behind in Tribune can give her is to continue to work harder and ensure to keep the company’s flag flying and NOTHING should be allowed to truncate this lofty legacy of the Awolowos.
Mama touched my life a lot. She saw me through the still and turbulent waters during my 32 years sojourn in the Tribune. Of note was the management crisis that rocked the Tribune in 1997 and which prematurely edged out a Managing Director , two executive directors including me and a chief accountant. Not only that, the boardroom politics polarized the entire members of staff. Those tagged “Olamiti boys” were shoved out.
However Mama was not comfortable with the Board’s decision and few months after she started pressing for my recall. She strongly believed I deserved better treatment. When the decision to bring me back was finally ratified, I insisted that a consultant should be engaged for the re organization and repositioning of the company.
I remember Mr Allan Olabode of the 21st Century Communication was brought in from Lagos and shouldered the responsibility to rebrand the titles to meet up with the ongoing wave of change in the media world. The rebranding got a boost when Gaius, a man with creative mind came up with a logo which is still the face of Tribune to date.
Olabode began a recruitment exercise that culminated into an interview exercise chairmaned by the late Mr Tunji Oseni. Interview session was held in Lagos and witnessed by the Publisher, late Chief Wole Awolowo and Dr Mrs Tokunbo Awolowo Dosumu. The outcome of that interview brought back majority of the “Olamiti Boys” who today are the backbones of the re-branded Tribune titles.
However one of them who did not return with the team but is still part of the family is Professor Wale Adebanwi. My recall tallied with Tribune’s 50th year anniversary. The celebration of this event also marked a big turning point for the Newspaper till date.
Having watched and interacted with Mama for decades, I can conclude that she was a woman of clean heart. She found it difficult to hold malice against anyone. She abhorred indolence, hypocrisy and liars. She was a symbol of purity, as she always ensured that her surroundings remained clean and spotless. I never witnessed any occasion where she raised her voice against anyone even in anger when provoked. If She felt She was right on an issue, she stuck firmly to that position. And if she wanted something done she would press till it was done. Her strong point was her ability to sustain the political dynasty of Chief Awolowo. That accounted for the reason AWO’s residence in Ikenne remained a Mecca before and after the exit of Papa AWO for great politicians from both sides of the divide in Nigeria. I found It amazing how politicians trooped to Ikenne to tap political wisdom from the woman Papa described as a “Jewel of inestimable value”
Incredibly, Mama allowed many around her to fly on the wings of the name Awolowo, which she guarded very jealously till she breathed her last. Domestic staff in Ikenne will not forget Mama in a hurry. Many of Mama’s staff came in as bachelors and spinsters, but today, they are married with Mama picking up the bills of their children’s education up to university level.
Let me sum up by saying Mama “rere” (Good mother) is gone and never to be seen and heard again, but the legacies which she left behind will continue to live so loud after her.
For me, Mama, in death seems to be echoing the words of Apostle Paul to the people of Corinthians as captured in 2 Corinthians Chapter 13 verse 11:
” Finally, brethren, farewell, be perfect. Be of good comfort, be of one mind, live in peace and the God of love and peace shall be with you all. May the gentle soul of Mama continue to rest in peace. [myad]
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
Death Of Prince Audu- Resolving The Legal Conundrum, By Abdul Mahmud
We are in a strange legal and constitutional territory. The 1999 Constitution and the Electoral Act 2011 do not envisage the unfortunate circumstances the death of Prince Audu in the middle of a poll foists. Recall that INEC declared the Saturday poll inconclusive, which makes the provisions of Section 181(1) of the Constitution, 1999 inapplicable in the circumstances. Whatever positivist interpretation ( an approach the Supreme Court has adopted in a plethora of authorities) commentariat gives to Section 181(1), the phrase, ” if a person is duly elected as Governor”, couldn’t have availed late Prince Audu were he alive because he didn’t meet the conditions set out in Section 179 (2) of the Constitution, 1999. Or that Prince Audu and Gov Wada did not meet the conditions set out in Section 179(2) (b) of the Constitution as aforesaid. And it was for this reason that INEC declared the Saturday poll inconclusive and ordered supplementary poll for 91 polling units. Our view, here, however, is that any positivist interpretation that seeks to clothe the APC with what S.181(1) does not avail it is to inflict violence on the Constitution. Since we are in a strange legal and constitutional territory, no inference can be drawn from Boni Haruna’s case to fit the present circumstances because the facts are not similar.
As it stands, what should serve as the icebreaker of this seemingly intractable legal and constitutional logjam is the interpretation the court places on Section 36(1) and Section 33 of the Electoral Act, 2011. Our sense, here, is that in resolving the conundrum and breaking the logjam, our court cannot go beyond the purview of Section 36(1) of the Electoral Act, which deals with the death of a candidate and Section 33 of the Electoral Act which sets out the right of a political party to substitute its candidate who has withdrawn his candidacy or has died. The questions our court must address itself to therefore are: 1) What nature of poll does Section 36(1) envisage- fresh election, re-run, or bye-election? 2) Does the INEC-ordered “supplementary poll” fall within the purview of this section? 3) What does the phrase, “dies before the poll” mean?
Our view is that since Section 36(1) does not define the character of the poll or places a nomenclature on the poll, the liberal interpretation is that it envisages the poll expected to be conducted in the 91 polling units as announced by INEC in the immediate aftermath of the Saturday poll. Therefore, it can plausibly be held that Prince Audu died before the expected poll and INEC is thus empowered by the Act to countermand the poll and fix a date for the poll within 14 days. If this position is correct, and we think it is, APC is thus empowered by Section 33 to substitute its dead candidate. It is needless to conduct fresh party primary in the circumstances!
As we have consistently argued since 2011, there is no provision in our extant electoral laws that empowers INEC to order or conduct supplementary polls. The order made by INEC for supplementary poll to conclude the Kogi Governorship poll is unknown to the Electoral Act. The Electoral Act is very clear in Section 70: fresh election can only be ordered where there is equality of votes cast for two candidates with the highest or majority of votes.
We expect that while the court invariably resolves this seeming legal conundrum the death of Prince Audu foists, pronouncements can be made on the legality or illegality of supplementary polls.
Abdul Mahmud, Esq is President of the Public Interest Lawyers League (PILL). [myad]