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

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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.

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READ ALSO: Suspended Adamawa REC’s Whereabouts Unknown, Says INEC

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.

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“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.

READ ALSO: BREAKING: Buhari Approves Suspension Of Adamawa REC

“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…

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“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.

READ ALSO: Adamawa: APC Candidate, Aisha Binani Loses Bid To Stop Guber Election Result

“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.

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“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.

READ ALSO: INEC National Commissioners In Closed-door Meeting Over Adamawa Poll

“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.

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“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.

READ ALSO: AdaDrama: Moment REC Declares Binani As Adamawa Gov-elect, Returning Officer Protests [VIDEO]

“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.

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“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.

READ ALSO: APC Sues Three Adamawa Lawmakers Over Defection To PDP

“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.

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“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.”
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FAAN Shuts KFC For Discriminating Against Physically-challenged Ex-gov’s Son

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The Federal Airports Authority of Nigeria has shut down a branch of a popular food outlet, KFC, at the Murtala Muhammed Airport, Lagos  State.

FAAN stated this on Thursday in a statement signed by its Director, Public Affairs and Consumer Protection, Mrs Obiageli Orah.

The statement, titled, ‘FAAN shuts down KFC outlet at MMIA,’ noted that the food outlet violated the Lagos State law on People with Special Needs, Part C, Section 55 of General Provisions on Discrimination.

The statement added that the directive followed a social media report by a Passenger with Reduced Mobility who alleged discriminatory treatment he received at the airport.

It read, “In line with Lagos State law on People with Special Needs, Part C, section 55 of General Provisions on Discrimination which states that “A person shall not deprive another person of access to any place, vehicle or facility that members of the public are entitled to enter or use on the basis of the disability of that person”, the management of the Federal Airports Authority of Nigeria (FAAN) has closed the KFC facility at the Murtala Muhammed International Airport in Lagos with effect from March 28, 2024.

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“This is as a result of a social media report by a Passenger with Reduced Mobility (PRM), alleging discriminatory treatment he received at the Murtala Muhammed International Airport, Lagos.

“The MD/CE of FAAN, Mrs Olubunmi, Kuku intervened swiftly by deploying a management team comprising the Director, Public Affairs and Consumer Protection, Mrs Obiageli Orah; the Regional Manager South West, Mr. Sunday Ayodele; Ag. General Manager Public Affairs, Mrs Ijeoma Nwosu-Igbo and the International Terminal Manager, Mr. Kerri, to investigate the allegation.”

FAAN said, “It is based on the findings of the team that FAAN has shut down the KFC facility at the MMA, where the incident occurred.

“The authority has instructed that the KFC Management should tender an unreserved apology, in writing, to the affected PRM and a policy statement of non-discrimination be written and pasted conspicuously at the door post of their facility at MMIA before it resumes operation.

“FAAN uses this medium to express our unreserved apology to the affected Passenger with Reduced Mobility and assures all airport users that we shall continue to work tirelessly to ensure that the rights of every passenger are not infringed upon.”

READ ALSO: Iran Sentences Police Officer To Death For Killing Protester

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The victim of the maltreatment, Adebola Daniel, son of former Ogun State Governor, Gbenga Daniel, recounted his experience at the KFC outlet of the airport in a series of tweets posted on Wednesday via his X handle, @DebolaDaniel.

Daniel, a wheelchair user, described his ordeal as “the worst sort of public humiliation” he ever had.

The Ogun State-born noted that it all started during his planned trip to  London from Lagos via a Virgin Atlantic airline.

He stated that in years past, while he was quite familiar with security and immigration processes, being a frequent traveller, he would visit the Oasis lounge of the airport to wait for his flight.

However, because “the lift to the lounge has been out of service,” for the past three years, he decided to find “solace” at the KFC outlet in the airport, alongside his wife and his three brothers, whom they were travelling together.

“Today I chose KFC – what a colossal mistake,” he bemoaned.

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His tweets partly read, “Being disabled often rolls over my spirit, leaving behind a trail of shattered dignity and forgotten humanity. Nowhere more so than in Nigeria.

“I have never been the type of person to make a fuss or complain about my disability. My approach has always been ‘laissez-faire.’ Ultimately, it is what it is. It is a part of my identity and like everyone else, I have my days of self-doubt and confusion as to how/if I fit in society.

“To be disabled in Nigeria is to be undesirable, unwelcome and unaccepted. As I’ve said before, it’s a lonely, scary and isolated place.

“Never has this been more true than it has ever been today when I faced the worst sort of public humiliation that I have ever experienced. To think that this happened at an international brand @kfc @kfcnigeria at an international airport – Murtala Muhammed Airport, Lagos – is unthinkable.”

READ ALSO: Navy Arrests Suspected Oil Thief Enroute Cameroon With 15,500 Litres Of PMS

Daniel stated that he “arrived at the airport as normal for my Virgin Atlantic flight to London. I’m a frequent flyer and I’m extremely familiar with all due processes at Murtala Muhammed Airport. Years ago, after all security and immigration formalities had been completed, I would normally go to the Oasis lounge to wait for my flight.

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“For the past three years, the lift to the lounge has been out of service so I’ve often found solace in other establishments, sometimes lounges, sometimes restaurants such as @kfc @kfcnigeria.”

Daniel stated that as they were about to sit, a lady who is “apparently the manager” called out loudly, “No wheelchairs allowed.”

He added that upon hearing what she said, one of his brothers, Taiwo, asked what the lady meant, but “she refused to listen to reason and stood her ground that at @kfc @kfcnigeria Murtala Muhammed branch, wheelchairs and wheelchair users of all shapes and sizes were not permitted in the premises and we should leave immediately.

“My siblings and wife became instantly irate and proceeded to debate her position with her, ultimately cumulating in raised voices and strong verbal protests. If there’s one thing I hate more than anything in this life is to create a scene. I detest it. I do not like to draw attention to myself and as such I began pleading with my people that we should just leave.

“My wife took some video footage and my brothers took some pictures. There were at least five other witnesses at the scene, who tried to intervene as things unfolded. Eventually, our party departed to another lounge upset and quite frankly pissed off.”

Daniel stated that he wouldn’t let such an incident slide, adding that as another of his brothers alongside his wife met the lady at another time, she stressed “that the business does not allow wheelchairs into their premises,” while they took an audio record of her statement.

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He recalled the lady saying that “she recently just transferred to that branch, it is something that has been drummed into them.

It harkens back to dark periods in recent history… No wheelchairs allowed… No coloureds allowed…. No blacks allowed…,” saying, “Today, I felt less than human, like a guard dog not allowed into the house. Lonely and isolated.”

Daniel noted that he would “continue to escalate the matter “until I get a reasonable resolution and there’s no stopping me. You cannot treat people this way.

READ ALSO: Nigeria Ranks 109 In World Hungry Nations – Peter Obi Laments

“There are approximately 27 million Nigerians living with some form of disability. That’s over 13% of the country. One in six people on the planet are disabled. You must not treat people this way.

“So my question to @kfc @kfcnigeria is simple. Does this represent your approach to disabled customers or will you be looking into this? Am I not human enough for KFC?”

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He added an audio record of the conversation between his wife and the lady.

“Audio clip from my wife. I’m trying to get all the evidence up on here,” he wrote.

In response to the allegation before the outlet’s shutdown by the FAAN, KFC tweeted via its official X handle on Thursday morning, stating, “KFC is unwavering in our stance against bias or discrimination in any form, with inclusivity and respect as non-negotiable pillars of our values.

“However, this recent incident has underscored the pressing need for immediate action. We have embarked on efforts to address the situation and extend apologies and deeply regret the frustration and distress experienced by our guest.”

The food outlet added that it’s “urgently implementing sensitivity training for all our employees. This incident is not reflective of our standards, and we will act swiftly to rectify it.

“We are actively exploring solutions to equip our team members and establishments better to ensure that every guest feels genuinely welcomed and that we deliver empathetic customer service that proactively addresses the diverse needs of each guest.”

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On Thursday, the General Manager, Lagos State Office for Disability Affairs, Mrs Adenike Oyetunde-Lawal, stated in a statement that the attention of her office “has been drawn to a viral story about the discrimination against Mr. Debola Daniel, a person with a disability in a wheelchair. This incident happened on 27th of March 2024, at a KFC restaurant located at Murtala Muhammed International Airport, Lagos.”

The LASODA GM noted that “it frowns upon any form of discrimination, particularly against persons with disabilities. Every individual, regardless of their disability, deserves to be treated with dignity and respect.

“The agency is committed to ensuring that the rights of persons with disabilities are protected and upheld in Lagos State. Discriminatory actions, such as those alleged in this incident, are unacceptable and will not be tolerated.

“LASODA, therefore, encouraged anyone who has experienced discrimination based on their disability to report such incidents to lasoda@lagosstate.gov.ng We are committed to working towards a society that is inclusive and accessible to all.”
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Detained Binance Executive Drags EFCC, NSA To Court

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The detained Binance executive, Tigran Gambaryan, has accused the National Security Adviser, Nuhu Ribadu, and the Economic Financial Crimes Commission of violating his fundamental human rights.

Gambaryan, in an originating motion marked: FHC/ABJ/CS/356/24 sought a declaration that his detention and seizure of his international travel passport, contravened Section 35 (1) and (4) of 1999 Constitution.

He urged the court to order the NSA and the EFCC to release him from their custody and return his international travel passport with immediate effect.

Gambaryan also sought an order of perpetual injunction restraining the respondents and their agents from further detaining him in relation to any investigation into or demands from Binance.

READ ALSO: Soldiers’ Killing: Wanted Delta King Surrenders To Police

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He also urged the court to order the respondents to issue a public apology to him.

Gambaryan averred that he was in Nigeria alongside fleeing Nadeem Anjarwalla to honour the invitation of the ONSA and EFCC to discuss issues relating to Binance in Nigeria.

Anjarwalla escaped from the guest house where he and Gambaryan were being held

He argued that he had not committed any offence during the meeting, and neither was he informed in writing of any offence he personally committed in Nigeria at any other time.

The only reason for his detention is because the government is requesting information from Binance and making demands on the company,” he added.

READ ALSO: Shaibu Impeachment: Panel Fixes Date For Commencement Of Sitting

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The fleeing Anjarwalla also filed a similar suit, marked: FHC/ABJ/CS/355/24.

At the proceedings on Thursday, T.J. Krukrubo (SAN) appeared for the plaintiffs, while the respondents had no representation.

Krukrubo informed the court that the respondents were served two days ago.

Shortly after that, he announced to the court that he was withdrawing from the matter as counsel for the fleeing Anjarwalla.

He did not give reasons for his withdrawal.

The trial judge, Justice Inyang Ekwo, adjourned the matter till April 8.

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Malabu Oil Scam: EFCC Loses Case As Court Discharges Ex-AGF Adoke, Others

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A Federal Capital Territory, FCT, High Court on Thursday discharged a former Attorney-General of the Federation, AGF, Mohammed Bello Adoke, and six others after dismissing charges filed against them over the controversial Oil Prospecting Licence, OPL, 245, otherwise known as Malabu Oil scam.

Recall that the Economic and Financial Crimes Commission, EFCC, dragged Adoke and other defendants before the court on an amended 40-count charge bordering on disobeying direction of the law, offering and receiving gratification, conspiracy and forgery, among others.

Adoke, who served as AGF and Minister of Justice under the administration of former President Goodluck Jonathan, was prosecuted by EFCC in the suit marked FCT/HC/CR/151/2020.

READ ALSO: Shaibu Impeachment: Panel Fixes Date For Commencement Of Sitting

Other accused persons are Aliyu Abubakar, Rasky Gbinigie, Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, Shell Nigeria Extra Deep Limited and Shell Nigeria Exploration Production Company Limited.

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Ruling on the no-case submission filed by the defendants, Justice Abubakar Kutigi held that any trial processes are evidence driven but the prosecution failed to produce certain documents or call some witnesses to prove its case.

He further held that the prosecution has failed to prove the essential elements of the offences the defendants were charged with before the court.

According to him, though the defendants were constitutionally presumed to be innocent, to establish prima facie case against them, the prosecution had to produce sufficient evidence to warrant the court to call on them to enter their defence.

READ ALSO: Full Text Of President Tinubu’s Speech At Burial Ceremony Of 17 Slain Soldiers

Justice Kutigi held that in the current case, the prosecution failed to establish any prima facie case against the defendants.

He cited the situation whereby about three counts involved forgery, yet the prosecution failed to tender relevant documents as exhibits.

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The judge further held that a charge must not be filed for the purpose of doing so, submitting that frivolous charge does damage to the judicial system.

He commended the prosecution counsel for accepting in his final written address that no case has been made by the prosecution against the defendants.

Justice Kutigi, however, lamented that it took the prosecution four years before realising it.

”The defendants ought not to have been charged in the first instance.

“This, stemmed from the fact that the prosecution failed to produce before the court the minimum evidence to enable the court to order the defendants to enter their defence,” he said.

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