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No law backing delay of president-elect’s inauguration but case should be decided in few days, says Olisa Agbakoba
Chief Olisa Agbakoba, a senior advocate of Nigeria, has said that there is no constitutional process to delay the inauguration of the president-elect on May 29, 2023.
The Senior Advocate of Nigeria, SAN, made the observation in a statement ON Monday, which he personally signed.
He said- “It is important to state that the inauguration of Mr. Bola Tinubu on 29 May 2023 is bound to happen under our constitutional process. While the election tribunal deals with the petitions there is no constitutional process to delay the inauguration on 29 May.
“We need to obey the rule of constitutionalism.”
Agbakoba, a former president of the Nigerian Bar Association (NBA), had recently wondered why the petitions at the tribunal would not be concluded before the inauguration and blamed the lawyers representing the parties and the judges handling the cases.
He also went ahead to suggest how it could be handled, saying- “But I have a simple solution which is to say why is it that the legal teams of all the petitioners are not active? I don’t understand it; why is it that the Tribunal is not active? I don’t understand it, because the elections took place almost two months ago.
“Kenya takes only 14-day cycle to finish their petition, but we take 240 days; why? If the Kenyans can do it in 14 days what’s wrong with us? We need to be pro-active. You see the problem with the Nigerian judiciary is that they are still steeped in the theory of 100 years ago, when the judge sits and does nothing unless counsels make an application. Now the judges are pro-active.
“So, in Kenya; the Kenyan Judiciary Motto is ‘Sustaining Judiciary Transformation.’ They are proactive. If it were in Kenya, the judges would have said No, No, No, we can see the potential of Mr. Tinubu becoming president when the petition is still pending; let us hear it.
“There are not too many issues to hear; complex as they are the question whether you need to win Abuja is one, the question whether you can be vice presidential candidate and senatorial candidate is another one, the question whether Mr. Tinubu’s qualifications are dated; these can be decided in one day. All that the court does in case management theory which is to allot time, say – Mr. Obi, your lawyers one hour; Tinubu, your lawyers-one hour; this might be 9.O’cloclk in the morning; by 6pm they deliver a decision. Why can’t it be done?”
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Breaking: Court of Appeal rules in favour of Turaki -led PDP candidate for Osun governorship election
The Court of Appeal, Abuja Division, on Thursday, ruled that the Peoples Democratic Party, PDP Gubernatorial Candidate in Osun State was validly nominated by the Tanimu Turaki-led National Working Committee.
The court also ordered INEC to list the PDP logo on the ballot ahead of Saturday’s gubernatorial election.
The Court held that access code is neither a creation of the Constitution nor the Electoral Act; rather, a creation of INEC’s guidelines and cannot, in any way, override the provisions of the Constitution.
Section 288 of the Constitution does not specify the method for nominating candidates; it only states that the names of candidates should be forwarded to the Commission.
The court further held that the defendant (INEC) should take steps to include the name of the appellant on the ballot paper.
Additionally, the court ruled that the primary election conducted by the Tanimu Turaki-led National Working Committee (NWC) of the PDP was a valid primary election in law.
The three-man panel of justices—Justice Mahmud, Justice Jaro, and Justice Ankawere, was unanimous in its judgment.
News
Breaking: NHRC sets up situation room to monitor and document hate speech, intimidation, threat to life ahead 2027
The national Human Rights Commission, NHRC, has set up a situation room to monitor and document all incidences of hate speech, intimidation and threat to life by politicians and other actors ahead of the 2027 general election.
The National Human Rights Commission (NHRC) has expressed concerns over rising incidences of hate speech, intimidation and outright threat to life by highly placed individuals, especially politicians and religious leaders.
The Executive Secretary of the Commission, Chef Tony Ojukwu, SAN, revealed this on Thursday in Abuja at a press conference.
He said the situation room would enable the Commission harvest data, analysis and document persons, agencies and others involved in the negative statements in order to ensure they are properly tracked and brought to book by relevant agencies.
Ojukwu also took journalists on a tour of the newly set up situation room.
Details later…..
News
Breaking: NHRC expresses concern over rising incidences of hate speech, threat to life ahead 2027 elections
The National Human Rights Commission (NHRC) has expressed concerns over rising incidences of hate speech, intimidation and outright threat to life by highly placed individuals, especially politicians and religious leaders.
At a press conference in Abuja Thursday, the Executive Secretary of the Commission, Chef Tony Ojukwu, SAN, recalled statements credited to Senator Francis Fadahunsi and Sheikh Yahya Jingir and described the das dangerous with capacity to set the nation ablaze.
He called on politicians, religious and traditional rulers, among other stakeholders to call their supporters and faithful to orders.
He urged government to act before rhetorics turn to violence, saying the forthcoming election in Osun State should serve as example of Nigeria’s capacity to conduct political contest in compliance with international best practices.
Details later…..
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