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Adamawa: Why Binani, REC, Indicted Security Officers, Others Must Be Punished – Falana

Published

3 years ago

April 22, 2023

Human Rights Lawyer, Femi Falana, SAN, has stressed on why the former Resident Electoral Commissioner REC in Adamawa, Hudu Yunusa Ari, indicted security officers among others found complicit in the state governorship election.

Recall that Ari, had defied the Chief Returning Officer, Mele Lamido, and unilaterally announced the All Progressives Congress, APC, Governorship Candidate, Senator Aishatu Dahiru, as the winner, when collation had not been concluded.

But, the National headquarters of the Independent National Electoral Commission, INEC, acted swiftly by annulling Ari’s action, suspending him, writing the Presidency to get him sacked.

The Commission immediately appointed Mele Lamido to conclude the collation.

Lamido consequently announced Governor Ahmadu Fintiri, the Peoples Democratic Party, PDP, candidate as winner, the matter has raised debates on how to safe Nigeria’s democratic process.

Speaking on the issues in an interview on Channels Television, Falana said the Adamawa REC, APC candidate and security personnel involved in the saga must be prosecuted and punished.

On calls for probe of Adamawa governorship and supplementary elections

“It is not a matter of probe; the law is very clear on these matters. One, under Section 120 sub-section 4 of the Electoral Act 2022, anybody involved in any false declaration of elections is liable to be prosecuted and the penalty is three years imprisonment which, for me, isn’t stringent enough.

“Two, there is also Section 121 of the Electoral Act which prescribes 12 months imprisonment for financial inducement with regard to the election. There are allegations that a sum of N2 billion must have changed hands. So, it is not enough for the candidate of the APC, Aishatu Ahmed Dahiru (Binani) to deny. There must be an investigation.

“Would these things have happened in the normal cause of events? Was there inducement? That has to be investigated. The officers, who were at the high table with Mr Hudu Yunusa Ari such as the Commissioner of Police, the Director of State Service and the Commander of the Nigeria Defence and Security Corps, are involved in the criminality that occurred.

“So, they all have to be tried under the law. It is not enough for the Inspector General of Police, IGP, to simply deploy the Commissioner of Police involved or for the Director of the DSS to be withdrawn from that state. We must make an example this time because this is not the first time that it has happened.

“There had been false declarations of results before now in 1983 that plunged the old Ondo State into a major violence eruption. In 2003, many false results were declared. So, we must find out what happened this time so that this terrible experience will not be repeated in the history of our country.

If the REC can be punished in line with the electoral law, what laws would be meted out to the accomplices?

“There is a provision for conspiracy. If you conspire with anybody to make a false declaration of results, you are liable to be prosecuted. The NTA must be brought in. The NTA televised the acceptance speech of the candidate of the APC. The candidate of the APC has to be brought in because she was party to the whole false declaration otherwise her acceptance speech would not have been ready and delivered.

“She has denied allegations levelled against her, particularly that from the DSS official captured in a video…

“The EFCC and the ICPC would have to be brought in to investigate. And I am not accepting the allegations for now. More so, they may be statements he made while being tortured by the crowd. So, we need to investigate and get to the root of the matter.

“However, with regard to the acceptance speech delivered by Madam Binani, she is liable to be prosecuted under Section 120 of the Electoral Act.

“On claims by Alhaji Lai Mohammed that President Buhari did not intervene in the Adamawa saga because it was the job of the INEC chairman

“I don’t want to believe that the president has not taken action because he is currently (while the interview was going on) out of the country on a tour of Saudi Arabia but the statement is not correct.

“Under the constitution and the Electoral Act, the appointment of a Resident Electoral Commission, REC, is made by the president and the nomination will have to go to the Senate for approval. That was what happened in November, last year with respect to the 19 electoral commissioners appointed last year. Unfortunately, some of us cried out with respect to all those who were appointed at that time.

“We made it clear that we wanted the Senate to reject the majority of the nominations because it was published in detail who had nominated who among the 19 RECs and we did say that they were not likely to deliver. So, INEC cannot go beyond suspending him.

On Binani’s case at the court seeking judicial review

“Section 129 presupposes an action taken by the appropriate authority. There was a returning officer, a professor who is saddled with the responsibility to make the announcement, somebody hijacked that position, usurped his authority and made a false declaration. Section 149 does not come in because the whole exercise is illegal.

“What has to happen now is that the Nigerian Bar Association, NBA, has to come in because Yunusa Ari is a senior lawyer. So, the NBA has to write a petition to the Legal Practitioners Disciplinary Committee for immediate sanction to serve as a lesson because this guy has brought the legal profession to disrepute.

“Second, the IG will have to speed up the investigation. By now, we expect him to have been arrested and if he cannot they have to get a court order to declare him wanted. Three, all the security officers that were involved in the charade will have to be investigated and prosecuted. Lastly, the president will have to send a request to the Senate next week, to remove the REC because he has betrayed the Constitution and his oath of office. Unless we do that this time around, we are not going to get out of this crisis.

“What should the process of this retribution be, who does what first and what should the sequence be in order to take these four or five issues?

“They have to be taken together. One, the INEC has done the right thing by suspending him. It is now left for the president to now embark on his removal via the Senate.

“Secondly, the investigation that will have to be conducted, contrary to the request of INEC, the IGP cannot prosecute him because he has committed an electoral offence. By virtue of Section 145 of the Electoral Act, the statutory duty to prosecute all electoral offenders is imposed on INEC.

“So, once the INEC gets the report from the IGP on the investigation, all the suspects will have to be arrested and prosecuted by the INEC. Happily, this time around, the NBA has come in to collaborate with INEC, and the anti-graft agencies are also collaborating with INEC for us to stop this menace, this colossal embarrassment, this national embarrassment.

“Happily, the INEC has decided to ensure that all those who were arrested and some who are yet to be arrested are prosecuted this time around. The police arrested 781 electoral offenders, the EFCC arrested over 100 people inducing voters, ICPC made arrests, and other agencies made arrests including the Armed Forces.

“This time around, they are sitting down to say this level of impunity cannot continue and that is why some of us are collaborating with the INEC and the NBA to ensure that all those who are indicted are brought to book.

“It appears that you disagree with Lai Mohammed, who said the Adamawa REC is a staff of INEC and it is INEC that has the responsibility to deal with him.

“He is not a staff of INEC, he is a public officer. He is an official of INEC and that point will have to be made very clear. It is like a judge if there is a strong petition against a judge the National Judicial Council, NJC, carries out an investigation and the judge is indicted, the NJC will place the judge on suspension and send it’s a recommendation to the president who is the appointing authority.

“So, this time around, the INEC has no power under the law to remove a REC because he was not appointed by INEC. The REC, like national commissioners, are appointed by the president with the approval or endorsement of the Senate. So, if you are going to remove any of them, it has to go through the same process.

“As I said earlier, the police will investigate and turn in a report, the report will have to be forwarded to INEC because INEC is the only authority under Section 145 of the Electoral Act that is empowered to prosecute electoral offenders and this is an electoral offence.

“The last point is on the role of the NTA, which televised the acceptance speech. I expect the NBC to move in speedily and sanction the NTA because, at that time, the collation was still ongoing just like I have requested the NBA to also send a petition to the Legal Practitioner Disciplinary Committee with respect to the conduct or the misconduct of Mr. Ari, who has brought the legal profession into disrepute and unless this action is taken holistically, somebody else or some other people will commit the same offence and that is why people who engage in impunity in our country must be sanctioned with respect to people going to court.

“Again, I will like to advise our judges to behave like the American judiciary. President Donald Trump filed 62 cases challenging the election of President Biden. Within two months, all of them were heard and thrown out. Some of the lawyers who engage in false allegations of electoral fraud were recommended for discipline. Unless we adopt such an approach, we are not going to get it right.

How should the recruitment process of electoral officers be done?

“We have to go back to the recommendations of the Uwais panel endorsed by the Ahmed Lemu panel, endorsed by the Ken Nnamani panel set up by this regime. The Uwais panel was set up by the late President Yar Adua. The Ahmed Lemu committee was set up by President Jonathan, and the Nnamani committee was set up by President Buhari.

“All the committees were united in demanding a transparent procedure for the appointment of electoral chiefs and that the vacancies should be advertised. At the end of the process, the NJC is recommended to do the short-listing and then recommend three candidates to the president for appointment.

“The president will then take one of them based on different considerations and send the name to the Senate for confirmation. That is the only way to prevent the system from appointing members of political parties or sympathizers of the ruling party.”
VANGUARD

News

Senate Backs Death Penalty For Kidnappers, Informants, Others

Published

3 minutes ago

December 3, 2025

Editor

The Senate on Wednesday moved to tighten Nigeria’s anti-kidnapping laws by pushing for the death penalty for kidnappers — and anyone who finances, enables, or provides information to them — as lawmakers debated amendments to the 2022 Terrorism (Prevention and Prohibition) Act.

The proposal, sponsored by the Leader of the Senate, Opeyemi Bamidele, seeks to classify kidnapping, hostage-taking, and related crimes as terrorism, giving security agencies wider powers to track, disrupt, and prosecute criminal networks across the country.

The debate dominated Wednesday’s plenary, drawing contributions from key senators including Adams Oshiomhole, Orji Uzor Kalu, and Minority Leader Abba Moro.

The session was presided over by Senate President Godswill Akpabio.

After hours of deliberation, the Senate unanimously approved the amendment bill for further legislative work and referred it to the Committees on Judiciary, Human Rights and Legal Matters (lead committee), National Security and Intelligence, and Interior.

The committees are expected to report back within two weeks.

Leading debate on the bill, Bamidele said the purpose was to “designate kidnapping, hostage-taking and related offences as acts of terrorism and prescribe the death penalty for such offences without option of fine or alternative sentence.”

He warned that kidnapping had evolved into “coordinated, commercialised and militarised acts of violence perpetrated by organised criminal groups.”

“Kidnapping has instilled widespread fear in communities; undermined national economic activities and agricultural output; interrupted children’s education; bankrupted families forced to pay ransom; overstretched our security forces, and claimed countless innocent lives,” the Senate leader lamented.

According to him, the patterns of brutality associated with kidnapping “now carry all the characteristics of terrorism,” making it necessary to treat the offence under the counter-terrorism framework.

Bamidele added that the bill would empower security agencies with “broader operational authority, intelligence capabilities, and prosecutorial tools” to pursue terrorists and their enablers.

He stressed that the death penalty would apply not only to kidnappers but also to “their informants, logistics providers, harbourers, transporters, and anyone who knowingly assists, facilitates, or supports kidnapping operations,” adding that “attempt, conspiracy or incitement to kidnap attracts the same penalty.”

“Nigerians are kidnapped on highways, in schools, in homes, on farms and in markets,” he said. “This is not a mere crime. It is terrorism in its purest form.”

Backing the amendment, Oshiomhole criticised deradicalisation programmes for terror suspects, arguing that many offenders returned to crime.

“We should not continue with deradicalisation programmes again,” he said. “No more de-radicalisation. If you are caught and convicted for acts of terrorism, then the penalty should be death.”

Kalu also supported the bill, insisting that informants and sponsors of kidnappers must “face the consequence.”

“Nigerians have suffered at the hands of kidnappers. Young girls have been raped. Women have become widows for no reason. This must not continue again,” he said.

Senate Minority Leader Moro described the bill as “a unanimous decision of the Senate,” noting that it was necessary to impose capital punishment “with the hope that kidnappers will face the penalty.”

Senator Victor Umeh, in his contribution, condemned the rising trend of abductions and the killing of victims even after ransom payments. He said financial institutions aiding such crimes must also be scrutinised.

Last week, the Senate took a similarly tough stance as it debated a motion following the November 18 attack on Christ Apostolic Church, Eruku, in Ekiti LGA of Kwara State, where gunmen killed two worshippers and abducted 38 others.

Although all victims were later rescued, lawmakers said the incident exposed the spread of insurgent cells into the South and worsening insecurity in rural communities.

The debate stemmed from a motion by Senator Yisa Ashiru titled ‘Urgent Need to Address Escalating Insecurity in Kwara, Kebbi, and Niger States and Strengthen National Security Frameworks.’

Senators also raised concerns over rising school abductions, which have led to shutdowns in parts of Kebbi, Niger, Kwara, and all 47 Federal Unity Colleges nationwide.

The latest amendment effort signals a tougher legislative push as insecurity — particularly kidnapping for ransom — continues to devastate communities across the country.

News

FG Approves N54tn MTEF For 2026 To 2028

Published

28 minutes ago

December 3, 2025

Editor

The Federal Executive Council has approved the 2026–2028 Medium-Term Expenditure Framework and Fiscal Strategy Paper, fixing a conservative oil price benchmark of $64.85 per barrel and a budget exchange rate of N1,512/$1 for 2026.

Briefing State House correspondents after the Council’s meeting in Abuja on Wednesday, the Minister of Budget and Economic Planning, Atiku Bagudu, said the framework, drawn with inputs from MDAs, the private sector, civil society and development partners, will be transmitted to the National Assembly on Monday, December 8, at the latest.

Bagudu said the MTEF proposed two oil production targets, split between an ambitious 2.06 million barrels per day and a lower 1.80mbpd used for budgeting.

“For the first time, a target oil production as well as benchmark oil production were adopted.

“The target oil production is 2.06 million barrels per day, which the management of the oil industry is tasked to produce.

“However, so that we don’t run into revenue problems, we use a benchmark oil production figure of 1.8 [mbpd] for budget purposes,” Bagudu said.

On price, he added that the $64.85/bbl benchmark is deliberately below Nigeria’s typical realisations.

“Even the oil benchmark of $64.85 which is being used this year, is lower than the average selling price of Nigeria’s crude oil, because Nigeria is a premium Bonny Light producer. But for an abundance of caution, we are using $64.85,” he explained.

Bagudu noted that the 2026 macro assumptions also include a growth rate projection of 4.68 per cent and a budget exchange rate of N1,512/$1.

He noted, “Given that 2026 is a pre-election year, there is a lot of election activity spending that can typically affect the exchange rate.”

According to the minister, gross Federation revenue is estimated at N50.74tn for 2026, to be shared as follows: Federal Government, N22.60tn; states, N16.30tn; and local governments, N11.85tn.

Consequently, total Federal Government revenue from all sources is projected at about N34.33 trillion, inclusive of N4.98 trillion remitted by government-owned enterprises.

“This figure is 16 per cent lower than that of the 2025 budget estimate,” Bagudu said.

He outlined the major spending heads which include statutory transfers of around N3tn; debt service of N15.91tn; and non-debt recurrent (personnel and pensions) of about N15.27tn.

With a projected deficit of N20.10tn, about 3.61 per cent of the estimated GDP, Bagudu said the implied federal spending envelope is roughly ₦54.43tn.

The former Kebbi state governor said the draft also reviews 2025 budget implementation and embeds stakeholder inputs across the macro background, parameters and fiscal risks.

“Relevant inputs from stakeholders have been integrated into the framework,” he said.

Beyond the paper, he disclosed that Tinubu has secured National Economic Council buy-in for tighter policy coordination and priority spending.

“The President called for more collaboration and coordination between fiscal and monetary policies and sought the approval of the National Economic Council to invest more in security spending, in particular, the rehabilitation of training institutions of security agencies,” Bagudu said.

He added that FEC endorsed increased “Federation vigilance to eliminate revenue loss from illegal activities in the oil and gas sectors as well as critical mineral sectors,” alongside a push for “critical minimum transformational investment for infrastructure” through the Renewed Hope infrastructure funding and measures to boost domestic production.

The minister also revealed that the memo to FEC was presented by the Director-General of the Budget Office, supported by his team and the Economic Management Team, after “technical discussions, bilateral engagement as well as expert consultations” with stakeholders to ensure the framework reflects “collective aspiration.”

The MTEF/FSP, a statutory three-year fiscal guide, sets the assumptions that will underpin the 2026 Appropriation Bill, including oil/output benchmarks, revenue profiles, deficit limits and the spending mix.

News

Edo Assembly Recalls 324 Employment Letters

Published

3 hours ago

December 3, 2025

Editor

The Edo State House of Assembly Service Commission has cancelled earlier employment offered to 324 personnel.

In a statement jointly signed by Ezehi Igbas and Mrs Isoken Nehi-Olotu, Chairman and Secretary of the commission respectively, declared the employment letters issued to the 324 affected persons null, void and of no effect whatsoever.

The statement said issuance of employment letters to the affected persons was unauthorized, illegal and unlawful.

The statement reads: “The Edo State House of Assembly Service Commission hereby tenders an unreserved apology to all recipients of the unauthorized and unlawful employment letters and deeply regrets all inconveniences caused to all persons affected by its actions.”