Leaked Ekiti Tape: I dare Obanikoro to go to court — Falana

Popular lawyer, Femi Falana, has attributed the shift in the dates of the general elections to the leaked tape alleging the rigging of the Ekiti State gubernatorial election last year.

Speaking at the Black History Month and Dr. Beko Ransom Kuti Memorial Program in Lagos, Wednesday, Mr. Falana said some of those implicated in the plot, who were threatening legal action, should think otherwise.

An audio recording revealing how some Peoples’ Democratic Party, PDP, chieftains connived with security agencies to rig the Ekiti State election was released by an army officer last week.

At the meeting, as evidenced by the recording, prominent officials of the PDP were heard discussing strategies for rigging the 2014 Ekiti governorship election, a poll in which the party eventually won by a landslide.

But some of the actors, including Musiliu Obanikoro, a former Defence Minister, and Ayo Fayose, who defeated the incumbent governor, denied being a party to the plot to rig the election and questioned the authenticity of the recording.

Mr. Obanikoro had also threatened a court action against news organizations who had published the conversations in the audio tape.

Despite their denials, the Minister of Police Affairs, Jelili Adesiyan, who also attended the meeting, confirmed Sunday that the tape was authentic. He however disagreed with the context of the discussion, saying the meeting was never about plans to rig the Ekiti State election.

Speaking Wednesday, Mr. Falana said that none of the participants in the recording had successfully challenged the army officer’s account of the incident.

“I understand that Mr. Obanikoro (whom he described as a ‘thug’) says he will go to court. I can assure you here, I dare him to go to court. He can’t. It’s not possible,” said Mr. Falana, a Senior Advocate of Nigeria.

“One of the reasons they postponed the election last week is that disturbing revelation by that Captain. That is what they wanted to do for the entire country. That revelation has sent them back to the drawing table. They now have to re-strategize.”

Mr. Falana criticised President Goodluck Jonathan for “embarrassing” the country with his repeated trips to the Holy Land, instead of channelling such funds to job creation.

Since he became the President in 2011, Mr. Jonathan has travelled for pilgrimage twice.

“I was reading the papers yesterday, the president said in violation of the peace accord, that governors in the north have not been sending Christians to Jerusalem. In other words, they have been sponsoring Muslims to Mecca,” said Mr. Falana.

“Please tell the president that there is no provision in our law for sponsoring anybody to Jerusalem or Mecca.

“Section 10 of the Constitution provides that the Nigerian State shall not proclaim any religion as an official religion. Therefore, appropriating billions of Naira every year, wasting money to send people to Jerusalem or Mecca is illegal.

“If you must know, less than seven per cent of Israelis are Christians, so they make jest of us. When you descend on them, that you are there to worship Jesus Christ, they’ll be like ‘are these people Ok?'”

Mr. Falana also insisted that the general election must hold and whoever emerges winner should be allowed to govern the country.

“And I’m challenging Edwin Clark and others, all those old men with expired ideas. Femi Okurounmu and others,” he said.

“We never saw them when we went to the streets of Lagos and Abuja to proclaim Goodluck as acting President. You were in the streets of Lagos, where were these characters? They were nowhere to be found.

“In fact, quote me. Baba Clark called me in one of our protests, ‘Femi, my son. Please keep it up. We from the Niger Delta cannot join this struggle now.’ I said why sir? He said ‘because he’s our son.’ I said what has your son got to do with the quest for justice?

“Professor Wole Soyinka, at the age of 71 (he was actually 76 then) led us in the protest. Please tell them this country belongs to all of us.”

On the issue of deployment of soldiers during election periods, Mr. Falana noted that nowhere in the Nigerian Constitution, Electoral Act, or the Armed Forces Act was a provision made for soldiers in election.

“So when they told Jega that they are going to be busy in the north east and they will not be able to secure the election. Please there is no provision for those Service Chiefs to police our election,” said Mr. Falana.

“Under Section 76, Section 116, Section 132, and 117, it is the exclusive responsibility of the INEC to fix dates for election. Only INEC. Not the president, not the NSA, not the security chiefs.

Knowing that, they then came in fraudulently by saying that they cannot guarantee your security.

“They have not been able to crush Boko Haram in six years, what magic are you going to perform in six weeks? Please we reject their fraudulent claim.”

Mr. Falana maintained that it is the duty of the police to maintain law and order in peace time.

“Soldiers have no business in town in peace time. Their duty is to defend the territorial integrity of our country, not to police election,” he said.

“That is the business of the Police. As a matter of fact, even Boys Scouts can police elections in Nigeria. You know why? On the day of election, there is restriction of movement. It is illegal for you to leave your ward for another ward. Only journalists, observers, and election workers can move round.

“So if everybody is restricted, why do you need soldiers to come and help you? To do what? But I will tell you why they need soldiers. You know why they need soldiers? To rig the election. To manipulate the process.”

source premium-time

Senator claims GEJ ‘has been begging’ National Assembly for tenure elongation

A Senator of the federal republic, has alleged that President Goodluck Jonathan, has been urging the National Assembly for elongation of his tenure, but he has so far met a brick wall.

He uttered the comment at a social discourse organised by the ARG in Ibadan, in honour of Kayode Fayemi, a former governor of Ekiti, state.

Senator Babafemi Ojudu, speaking during the event on Wednesday, February 11, expressed apprehension that elections may not hold, in spite of the postponement.

He said: “President Jonathan has been begging us to allow him do two more years but the Yoruba must cry out and also be strategic in their call for change.

“We are resuming in the next one week and the President might likely bring the proposal for the election to be postponed for the next six months or one year. The constitution supports that once the nation is in war situation the proposal might be passed by just a simple majority,” Ojudu added.

by Kolapo Olapoju

Audio clip: Soldiers ready to testify in court – Fayemi

Former Ekiti State Governor, Kayode Fayemi, has revealed that some military officers are ready to give evidence in court over the audio clip that caught senior Peoples Democratic Party (PDP) members and military chiefs plotting how to rig the June 21, 2014 governorship election in the state.

Speaking on a live programme, “APC Change Hour,” on an Akure, Ondo State-based ADABA 88.9 FM monitored in Ado-Ekiti on Thursday, Fayemi said the postponement of the 2015 general elections was not about security but about a high-wired plot to rig the polls.

The audio clip was aired on the radio station with the alleged voices of Governor Ayo Fayose, former Minister of State (Defence), Musiliu Obanikoro, Police Affairs Minister, Jelili Adesiyan, Osun State Peoples Democratic Party governorship candidate, Iyiola Omisore and Gen. Aliyu Momoh haggling about rigging plans ahead of the poll.

He said the postponement was about a “desperate government and a desperate President that is afraid of a loss and using a military that became a willing tool.”

The former governor said the PDP-led administration was trying to re-enact the rigging perpetrated in Ekiti with the alleged misuse of the military at the forthcoming general election.

Fayemi stressed that the upper echelon of the military was guilty of treason against the state with its role in the dramatic postponement of the polls, saying the first duty of the government through the armed forces is security of lives and property.

He deplored a situation in which the military institution has been desecrated with the army generals being harassed and intimidated by politicians desperate to rig elections for their party.

THE NATION

Council of State rejects election postponement

The Council of State on Thursday rose from a seven-hour meeting, advising the Independent National Electoral Commission to go ahead and perform its constitutional responsibility of conducting the 2015 elections.

Governor Rochas Okorocha of Imo State told State House correspondents that INEC told the council that it was ready for the conduct of the election.

He said security chiefs also expressed their readiness but raised issues about some local governments currently under the control of the Boko Haram sect.

The implication, he said, is that elections will not hold in the affected areas.

But Governor Olusegun Mimiko of Ondo State claimed that the council advised INEC to consider all the inputs made during the meeting with a view to taking a decision it will announce to Nigerians later.

Details later.

punch 

Disqualification: Court orders service of documents on Buhari, INEC

A Federal High Court in Abuja on Monday ordered the service of court documents on the presidential candidate of the All Progressives Congress (APC), Gen. Mohammadu Buhari, in relation to a suit seeking to among others, restrain him from participating in the February 14 election.

Justice Adeniyi Ademola ordered a substituted service of the court documents on Buhari and the Independent National Electoral Commission after hearing the plaintiff’s application to that effect.

In the suit marked: FHC/ABJ/CS/14/2015, filed by Max Ozoaka, the plaintiff raised eight questions for the court’s determination and prayed for among others, an order disqualifying Buhari from contesting or participating in the election.

The suit has Buhari and the INEC as defendants.

It is the plaintiff’s contention that INEC FORM CF 001 which the APC candidate submitted to the electoral body was incomplete because he allegedly failed to accompany the form with all relevant academic credentials.

He also faulted some information contained in other documents he possessed including Buhari’s voter’s card.

The plaintiff wants the court to restrain INEC from permitting Buhari to participate in the presidential election on February 14 or any other date the 2nd defendant (INEC) may fix.”

the nation

PDP lawyers to party: you can’t stop Buhari in court

LEGAL experts have advised the Peoples Democratic Party (PDP) not to launch  a legal battle over Gen. Muhammadu Buhari’s certificates.

Gen. Buhari is the presidential candidate of the All Progressives Congress (APC) in the February 14 election.

The PDP’s plan, The Nation learnt, is to go to court in a bid to stop Gen. Buhari on the ground that his certificates are not with the Independent National Electoral Commission (INEC).

The army said yesterday that Gen. Buhari obtained the West African School Certificate (WASC) in 1961. But, said the army, the original copies of his certificates could not be found in his file.

It was also learnt that apart from the court, INEC can also determine Gen. Buhari’s fate.

If in the opinion of INEC Gen. Buhari can contest, no one can stop the APC candidate, lawyers said.

The PDP leadership and some Presidency officials sought legal advice on how to get Gen. Buhari disqualified, a source told The Nation, pleading not to be named because of what he described as the “sensitivity” of the matter.

But they were shocked to learn that it was all a wild goose chase.

The legal advice made available to the party indicated that Gen. Buhari cannot be stopped because Section 318 of the 1999 says any candidate can contest for elective office with a minimum of school certificate or its equivalent.

The section also does not say a candidate must pass or fail the school certificate examination or its equivalent, which could be a primary school certificate or the ability to read or write in English.

Also, if a candidate has served in the public sector for up to 10 years, this could be the equivalent of a school certificate.

A highly-placed source said: “The legal advice sought by PDP has confirmed that even if the party goes to court, it cannot stop Buhari. The party is in a state of confusion because it has to face the electoral battle with APC.

The 1999 Constitution is explicit in its interpretation of Section 131 of the 1999 Constitution by Section 318.

Section 131 states: “A person shall be qualified for election to the office of President if (a) he is a citizen of Nigeria by birth; (b) he has attained the age of forty (40) years; (c )he is a member of a political party; and (d) he has been educated up to at least School Certificate level or its  equivalent.

“In  Section 318, School certificate or equivalent means (a) a Secondary School Certificate or its equivalent, or Grade II Teacher’s Certificate, the City and Guilds Certificate; or (b) education up to Secondary School Certificate level; or

“(c) Primary Six School Leaving Certificate or its equivalent and (i) service in the public or private sector in the Federation in any capacity acceptable to the Independent National Electoral Commission(INEC) for a minimum of  10 years; and

“(ii) attendance at courses and training in such institutions as may be acceptable to the Independent National Electoral Commission for periods totalling up to a minimum of one year, and

“(iii) the ability to read, write, understand and communicate in the English Language to the satisfaction of the Independent National Electoral Commission (INEC); and

“(d) Any other qualification acceptable by INEC.”

Another source said the PDP has realized its folly because it did not seek legal opinion before raising false alarms that Gen. Buhari is unqualified to contest.

The source added: “The PDP leaders have realised that all their alarms over Gen. Buhari’s certificate amounted to nothing.

“Out of shame, they have decided to keep their findings under wraps.”

Another reliable source in PDP said: “We have been briefed that there is little we can do to stop Gen. Buhari.”

In Abuja, the Army on former Head of State Gen. Mohammadu Buhari’s academic records, saying the All Progressives Congress (APC) candidate obtained the West African School certificate (WASC) in 1961.

The Army however added that the original copy, Certified True Copy, or statement of Buhari’s WASC result could not be found in his file.

Director of Army Public Relations, Brigadier-General Olajide Laleye who who addressed a press conference at the Army Headquarters said:

“Records available indicate that Major General Muhammadu Buhari applied to join the military as a Form Six student of the Provincial Secondary School, Katsina on October 18, 1961.

“His application was duly endorsed by the principal of the school, who also wrote a report on him and recommended him to be suitable for military commission. It is a practice in the Nigerian Army that before candidates are shortlisted for commissioning into the officers’ cadre of the Service, the Selection Board verifies the original copies of credentials that are presented.

“However, there is no available record to show that this process was followed in the 1960s. Nevertheless, the entry made on the NA Form 199A at the point of documentation after commission as an officer indicated that the former Head of State obtained the West African School Certificate in 1961 with credits in relevant subjects.”

He listed the subjects to include: English Language, Geography, History, Health Science, Hausa and English Literature.

“Neither the original copy, Certified True Copy (CTC) nor statement of result of Major General Buhari’s WASC result is in his personal file.

“I hope this explanation will put to rest the raging controversy surrounding the secondary school credentials of Major General Muhammadu Buhari as it affects the Nigerian Army”.

The Army spokesman said the military holds Gen. Buhari in high esteem and would not be party to any controversy surrounding his eligibility for any political office.

“Suffice to state that Major General Buhari rose steadily to the enviable rank of Major General before becoming the Head of State of our dear country in December 1983.

“The media hype on retired Major General Muhammadu Buhari’s credentials as well as the numerous requests made by individuals and corporate bodies to the Nigerian Army on this issue have necessitated that we provide the facts as contained in the retired senior officer’s service record,” Gen. Laleye stated.

Controversy on my certificate, a PDP mischief – Buhari

The presidential candidate of the All Progressive Congress (APC), Gen. Muhammad Buhari, Wednesday in Kano made clarifications on his West Africa School Certificate, describing the controversy generated by the matter as sheer mischief orchestrated by the Peoples Democratic Party (PDP).

Buhari, who spoke to reporters at Kano State Government House, explained that he initially presumed that the certificate was with the Nigeria Army, until the military high Command proved otherwise.

He, however, urged the PDP and President Goodluck Ebele Jonathan’s campaign team to give priority to issues like insecurity, official corruption, poverty and unemployment, instead of mischief and name-calling.

The former head of state also claimed that he sat for WASCE in 1961 with examination number 8200002, adding that he has formerly requested for the certificate from the Provincial Secondary School, Katsina, now Government College Katsina, which he attended.

He promised to present his certificate to the general public in due cause.

Buhari said, “I only will read the statement and I will encourage you and advise you to do what you know best. I consented to address you this morning because of the general concern of my many supporters and well-meaning Nigerians that the issue be addressed. Otherwise, I would have dismissed it for what it is—a sheer mischief, and will not have considered it an issue.

“ I assumed all along, all my records were in the custody of the Military Secretary of the Nigerian Army, a position I have been privileged to occupy myself, much to my surprise, we are now told that although, a record of the result is available, there are no copies of the certificate in my personal file. This is why I formerly requested my old school—the Provincial Secondary School, Katsina, which is now known as Government College, Katsina, to make available the school copy of the result of the Cambridge West African School Certificate. This will be made available to the press the moment this is available.

“However, let me say for the record that I attended Provincial Secondary School, Kaduna. I graduated in 1961, with many prominent Nigerians, including Shehu Musa Yar’Adua, former Chief of Staff in the Supreme Headquarters; and Justice Umar Abdullahi, former President of the Court of Appeal. We sat for the University of Cambridge WASCE examination together in 1961, the year we graduated.

“My examination number was 8200002 and I passed the examination in the Second Division, and although the ruling party may want to wish this away, the issue in this campaign may not be my certificate which I obtained 52 years ago. The issues are the scandalous level of unemployment of millions of our people, the state of the insecurity, the pervasive official corruption which has improvised our people and the lack of concern of the government to do anything order than deification of power at all cost.”

The Nation.

Army speaks on Buhari’s certificate

The Nigerian Army on Tuesday responded to the controversy surrounding the educational certificate of the presidential candidate of the All Progressive Congress (APC), Gen. Mohammadu Buhari.

The Director of Army Public Relations, Brig. General Olajide Olaleye, at a press conference in Abuja, said neither the original copy, Certified True Copy (CTC) nor statement of result of Buhari’s WASC results is in his personal file.

Olaleye, however, said Buhari’s application was duly endorsed by the Principal of Provincial Secondary School, Katsina, who also wrote a report and recommended him as suitable for military commission.

Full text of Olaleye’s statement on the issue reads:

“I will begin with the Major General Muhammadu Buhari certificate controversy. Gentlemen, let me state clearly that the Nigerian Army holds the retired senior officer in very high esteem and respect and would not be a party to any controversy surrounding his eligibility for any political office. Suffice to state that Major General Buhari rose steadily to the enviable rank of Major General before becoming the Head of State of our dear country in December 1983.

“The media hype on retired Major General Muhammadu Buhari’s credentials as well as the numerous requests made by individuals and corporate bodies to the Nigerian Army on this issue have necessitated that we provide the facts as contained in the retired senior officer’s service record. Records available indicate that Major General M Buhari applied to join the military as a Form Six student of the Provincial Secondary School, Katsina on October 18, 1961.

“His application was duly endorsed by the Principal of the school, who also wrote a report on him and recommended him to be suitable for military commission. It is a practice in the NA that before candidates are shortlisted for commissioning into the officers’ cadre of the Service, the Selection Board verifies the original copies of credentials that are presented. However, there is no available record to show that this process was followed in the 1960s.

“Nevertheless, the entry made on the NA Form 199A at the point of documentation after commission as an officer indicated that the former head of state obtained the West African School Certificate (WASC) in 1961 with credits in relevant subjects: English Language, Geography, History, Health Science, Hausa and a pass in English Literature. However, neither the original copy, Certified True Copy (CTC) nor statement of result of Major General Muhammadu Buhari’s WASC result is in his personal file.

“I hope this explanation will put to rest the raging controversy surrounding the secondary school credentials of Major General Mohammed Buhari as it affects the Nigerian Army.”

The Nation.

Count us out of Fayose’s death-wish advert – PDP

The Peoples Democratic Party (PDP) presidential campaign organisation has distanced itself from the controversial death-wish advertorial authored by the Ekiti State Governor, Ayo Fayose.

In the said advertisement, published in two national newspapers, Fayose had listed a former military head of state, the late Gen. Murtala Mohammed who was assassinated in the failed military coup of February 13, 1976. Murtala hailed from Kano State.

He also listed the former military dictator, the late Gen. Sani Abacha who died in office on June 8, 1998.

Abacha also hailed from Kano. Fayose had followed it up with the late President Umaru Yar A’dua, who similarly died in office on May 9, 2010, two years after he was elected.

The Ekiti governor then warned Nigerians against voting for the presidential candidate of the All Progressives Congress (APC), Gen. Muhammadu Buhari, predicting that if elected, Buhari too would die in office.

Reacting to the advertisement on Tuesday, the Director of Media and Publicity of the PDP presidential campaign organisation, Chief Femi Fani-Kayode, said the views expressed in the publication were personal to Fayose.

According to him, the message in the said advertorial did not in any way reflect the views of the PDP presidential campaign organisation, adding that questions regarding the advertisement should be directed to the Ekiti State Governor.

Fani-Kayode said: “Governor Ayo Fayose is a distinguished leader of our party. A democratically elected governor and someone we have immense respect and affection for, but he released this advert in his own name.

“That represents his own personal opinion which he is entitled to. What I can tell you on our part as the presidential campaign organisation is that does not represent the opinion of the campaign organisation or indeed that of the President.

“It is his opinion which he is entitled to and he is somebody that we have immense respect for, he is a leading member of the party. I have spoken with him and we respect him, but for anybody to suggest that this is the position of the presidential campaign organisation or President Goodluck Jonathan that will be most unfair.

“If we wanted to say something like that we will say it without any kind of apology but of course we will never say that because we believe in the sanctity of life. Age is not a function of how long you will live. It is important that we recognize the fact that age is not an indication of how long somebody will live.

“We believe strongly that we must continue to show immense respect for the person of Gen. Buhari in terms of his person and his health, though we believe it is important to always raise questions about facts, you know what these questions are and we will continue to raise them.”

The Nation.