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

Published

3 years ago

April 22, 2023

Editor

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

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[OPINION] Jan 1 Resolutions: Why I Write What I Write

Published

5 hours ago

January 4, 2026

Editor

By Festus Adedayo

As I write this, I am listening to a line of the song of my favourite Jamaican reggae music superstar, Peter Tosh. It is a 1979 track entitled Jah Seh No, in his Mystic Man album. When life becomes too convoluted for me to comprehend, when it seems I am running mad, I run into Tosh’s embrace. But, running to Tosh for an embrace is problematic. Tosh himself was like a madman. He was unconventional, an iconoclast who didn’t see life from the prism of the living. A devout adherent of the Rastafari faith, he was highly spiritual, was a poet, philosopher and a staunch defender of African rights. At some point, life broke Tosh’s will, long before his assassination on September 11, 1987, aged 42, in Kingston, Jamaica. It would appear that his musical preachment made little impact. He was repeatedly assaulted by Jamaican police and once had his skull cracked by them. The charge was his illiberal smoking of marijuana. So, in this track, Tosh bore his frustration with orthodoxy and the system thus: “Must Rastas bear this cross alone and all the heathens go free? Must Rastas live in misery and heathens in luxury? Must righteous live in pain and always put to shame? Must they be found guilty and always get the blame?

Tosh’s Jamaica of 1979 bears similarities with today’s Nigeria. Jamaica wore, like an apron, significant economic instability. This led to intense poverty and inequality driven by global economic shocks, domestic policy choices, capital flight, and political violence. The aftermath was massive hopelessness.

The attendant hopelessness in Jamaica fired the muse of reggae musicians. They saw naked poverty as catalysts for their songs. For instance, in 1976, Maxwell Smith, known professionally as Max Romeo & The Upsetters Band, sang in Uptown Babies Don’t Cry, about a little lad hawking Kisko, a popular brand of ice pops, on Kingston streets and shouting “Kisko pops! Kisko pops!”. He also sang about another lad who, as Star newspaper vendor, shouted, “Star News, read the news!”. They were embroiled in existential survival, said Romeo, and “help(ing) mummy pay the fee, for little junior to go to school.” For Tosh, in his Get Up, Stand Up, Jamaicans must stand up for their rights while Bob, apparently frustrated by the system, in Time Will Tell, sang confidently that ”Jah would never give the power to a baldhead to come crucify the dread.”

But the Jamaican governmental and political leadership, epitomised by Edward Seaga and Michael Manley, kept on taking advantage of the people’s hopelessness. Nigeria of today is yesterday’s Jamaican mirror on the wall. The hopelessness in the land has the capacity to break the most impregnable will. Everything seems to be upside down. Seaga and Manley are replicated in Bola Tinubu and Abubakar Atiku. Or Peter Obi and other scavengers for power.

Everything is shrouded in a fog. Hope of retrieval of country from the jaws of political carnivores recedes by the day. This year, prelude to election year, will even be worse. Foes will stab friends and friends will stab foes, not in the back, but in their very before. War has begun, says So-kple-So. That line reminds me of Ghanaian Akan poet, Kojo Senanu’s poem, “My Song Burst” in the A Selection of African Poetry, authored by him and Theo Vincent, which recited that Akan war song.

Physical or psychological repression is writ large. Impunity reigns like a malevolent incubus. Those are actually not the ailment. The disease is the Nigerian people. The way Nigerians’ minds have become warped, significantly captured and compartmentalized into a binary, is mind-boggling. Never have Nigerians’ minds operated in a gross profile as this. Tribe, religion, and political parties determine where everyone stands. No one sees rot and maggots but opportunities. Everyone is running a rat race to take a bite of Nigeria’s carrion. Our sense of judgment has been significantly recalibrated. When I read comments by some otherwise knowledgeable and brilliant people on visible rots in the polity, I feel I am falling into depression. Yet, a part of me warns not to take Nigeria seriously. If you run mad and then die, Nigerians would piss on your graveside.

Many times, I have toyed with the option of abandoning this thankless ritual of column-writing which I began in 1998. It is a killing ritual for which, not only don’t you get paid but you are insulted for daring to have a voice. Maybe I could find sanity in silence and abandonment of my voice? After all, Reno Omokri and Daniel Bwala have found redefinition in becoming the biblical Lot’s wife. But my mind tells me I would face hell on earth and would even not rest in peace. But the truth is, where I stand has potentials of running me mad. Permit me to be immodest, those who know me know I have an ecumenical spirit that cannot hurt a fly. But when I sit behind my laptop, I am like a possessed Yoruba deity of smallpox called Sonpona. Chaos, otherwise known as upside-down, which Fela said has its meaning too, is meaningless to me. Everywhere I turn, I see chaos and my head spins, threatening to explode. Even when I cannot totally extricate myself from the rot in the land, I am grieved like a pallbearer. Yet, another part of me tells me that order and chaos are Siamese, built into a profile by the Omnipotent.

As 2025 spun into oblivion, I stood to make a New Year resolution. But before I did this, I checked the literature of resolutions. It offers no comfort. Over a century ago, specifically on January 1, 1887, Rudyard Kipling, English journalist and novelist, attempted to drill into the philosophy of resolutions. In a timeless poem which explored the human desire to make New Year resolutions and the failure that attends it, he gave a tribe of New Year resolution makers a short-lived hope. He did this in a poem he entitled Little-Known Poem on New Year’s Resolutions. Billions of people in the world make resolutions on New Year’s Day. But, said Kipling, there are trials and tribulations in resolutions. In seven short stanzas, Kipling took readers on a journey. He begins by listing vices he wants to give up. They hung on him like an apparition. Chief among the vices were alcohol, gambling, flirting, and smoking. But in each of the stanzas, as he proposes a resolution, he proposes contrary sentences that nullify the resolutions and even justifying their reversals.

Matthew Wills, in his Why New Years Falls on January 1st: Why do we celebrate the beginning of the New Year on the first of January?, took the world on a journey on the frivolities of January 1st. Julius Caesar, he said, is why. The eponymous Julian calendar, said Matthew, began in Mensis Ianuarius (or Januarius) 45B.C. The month of January, he further reminded us, is named after the Roman god called Janus. Janus is a god who had two faces. While one faces the future, the other faces the past. Janus was however perceived, according to Wills, as “the god of beginnings, endings, and transitions, or, more prosaically, doors and passageways.”

Among the Yoruba, just like Jews’, the agricultural season marks the beginning of the year. For them, the newness of a year is defined by their philosophy of time, which they also approximated in the saying, the next season is here so, don’t eat your yam seedling, «Àmódún ò jìnnà, má jẹ isu èèbù rẹ». Season and time, to the Yoruba, are expressed in an embodiment of words like àkόkὸ (time around), ìgbà (season) and àsìkò (specific season) which they most times deploy interchangeably. The people also have sayings which speak to their conception of time. For instance, late professor of philosophy and my teacher at the University of Lagos, Sophie Oluwole, in one of her works, “The Labyrinth Conception of Time as Basis of Yoruba View of Development” published in Studies in Intercultural Philosophy (1997), cited Yoruba saying to illustrate this. “Tí wón bá ńpa òní, kí òla tèlé won kí ó lo wò bí won o ti sin ín (when today is being killed, tomorrow’s attendance at the murder scene is necessary so that it could see where the corpse of today is buried and for it to know how it too would be interred). The two other Yoruba sayings Oluwole cited to illustrate time and season are, one: “ogbón odún ni, wèrè èèmí ni” (this year’s wisdom is next year’s folly) and “Ìgbà ò lo bí òréré, ayé ò lo bí òpá ìbon” (a life span cannot exist ad infinitum; it is not vertical, and is unlike the straightness of the barrel of a gun).

These were all I reflected upon as I proposed to make a 2026 Resolution. The self-imposed road of a columnist I tread is a lonely, hard road strewn with briers and thorns. I remember the sermon of another Jamaican reggae great, Jimmy Cliff. It is a hard road to travel and a rough road to walk, he counseled. Many times, you are lonely, dejected and rejected on this road. You open your mouth to speak but wordless words ooze therefrom. Just as Tosh lamented in his “Must Rastas bear this cross alone and all the heathens go free?” volunteering anti-establishment opinion is like carrying a cross. Many times, I am inundated by family and friends to turn apostate of my belief. They fear death or state castration. Can’t the world see? Don’t they see the pains, grits and uncertainty on this road? Don’t they know that there is lushness, flourish and plenty on the other side? If I neglected these for a carapace-hard travel, I thought I would be hailed. No. Why is one who chose this lonely road the demon? And those who sup in the bowl of destruction heroes? Why? No response. Only echo of my own silent voice.

In this dejection, Audre Geraldine Lorde came to my rescue. Lorde was an American professor, philosopher, feminist, poet and rights activist. She was also a self-described Black lesbian. Lorde got romantically involved with Mildred Thompson, American sculptor, painter and lesbian she met in Nigeria during FESTAC 77. In a paper she delivered at the Modern Language Association›s “Lesbian and Literature Panel,” Chicago, Illinois, December 28, 1977 with the title, The Transformation of Silence into Language and Action, Lorde gave insight into the pains she encountered on account of her beliefs: “I have come to believe over and over again that what is most important to me must be spoken, made verbal and shared, even at the risk of having it bruised or misunderstood.”

It could also mean pain or death, but she said, “learning to put fear into a perspective gave me great strength” and that “I was going to die, if not sooner, then later, whether or not I had ever spoken.” Gradually, said Lorde, “I began to recognize a source of power within myself that comes from the knowledge that while it is most desirable not to be afraid, my silences had not protected me.” She died of liver cancer in 1995.

Yes, this is a rough, lonely road. It could be excruciating when you see friends, especially ones in government, desert you because they don’t want to associate with you. You walk alone like a deranged alchemist. Some even ask why, with your endowment and ascription, you live comparatively like a pauper. Your views are criminalized. Where you stand is not popular. But both madman Peter Tosh and lesbian Audre Geraldine Lorde give the will to trudge on in the New Year, regardless. Lorde was loud in my head with her admonition. After her initial apprehension of a mastectomy resulting from a breast cancer, she said: “I was going to die, sooner or later… My silences had not protected me. Your silences will not protect you…. What are the words you do not yet have? What are the tyrannies you swallow day by day and attempt to make your own, until you will sicken and die of them, still in silence? We have been socialized to respect fear.”

There and then, I made a bold vow, a New Year resolution: I will continue to speak truth to power. Regardless.

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What I Saw After A Lady Undressed Herself — Pastor Adeboye

Published

7 hours ago

January 4, 2026

Editor

General Overseer of the Redeemed Christian Church of God (RCCG), Pastor Enoch Adeboye, has recounted a remarkable experience in which he said a woman was miraculously healed after prayers.

Adeboye shared the testimony while speaking at the RCCG annual gathering, describing the incident as a clear demonstration of divine intervention and the power of prayer.

According to the cleric, the incident occurred during a visit to a city where he had checked into an undisclosed hotel.

He said the lady approached him, greeted him and insisted on following him to his hotel room despite his objections.

“I told her, ‘Please don’t put me into trouble, I can pray for you here,’ but she insisted on following me,” Adeboye recounted.

He said that upon getting to the hotel room, the woman revealed the condition that prompted her persistence.

“When she pulled her dress up, what I saw shocked me. Her body was covered with scars,” he said.

Adeboye explained that he immediately began to pray for the woman, adding that he did not mind being loud during the prayers.

“I began to pray for her, and before I knew it, all the scars were gone,” he said.

The RCCG leader described the experience as a powerful testimony of faith, stressing that it reinforced his belief in prayer as a tool for healing and transformation.

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Missing N128bn: SERAP Demands Probe Into Power Ministry, NBET Expenditures

Published

8 hours ago

January 4, 2026

Editor

The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Ahmed Tinubu to immediately order an investigation into allegations that more than N128 billion in public funds is missing or has been diverted from the Federal Ministry of Power and the Nigerian Bulk Electricity Trading Plc. (NBET), Abuja.

The allegations are contained in the latest annual report of the Auditor-General of the Federation, published on September 9, 2025, which highlighted multiple cases of financial irregularities, undocumented payments, ents and suspected diversion of public funds across both institutions.

In a letter dated January 3, 2026, and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation called on President Tinubu to direct the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, alongside relevant anti-corruption agencies, to promptly probe the findings and ensure accountability.

SERAP stressed that any individual found culpable should be prosecuted where sufficient admissible evidence exists, while all missing or diverted funds should be fully recovered and paid back into the national treasury.

The group further urged the president to deploy any recovered funds to address the deficit in the 2026 budget and help ease Nigeria’s growing debt burden.

According to SERAP, Nigerians continue to bear the consequences of entrenched corruption in the power sector, which has contributed to persistent electricity shortages, frequent transmission line failures and unreliable power supply nationwide.

The organisation argued that addressing corruption in the sector would significantly improve access to regular and uninterrupted electricity.

The civil society group described the allegations as a grave breach of public trust and a violation of the 1999 Constitution (as amended), Nigeria’s anti-corruption laws and international obligations, including the United Nations Convention against Corruption.

Detailing the audit findings, SERAP noted that the Ministry of Power failed to account for over N4.4 billion transferred to the Mambilla, Zungeru and Kashimbilla project accounts, with no evidence provided on how the funds were utilised.

The Auditor-General expressed fears that the money may have been diverted and recommended its recovery.

The report also revealed that the ministry paid over N95 billion to contractors for various projects without documentation or proof that the projects existed or were executed.

Additionally, more than N33 million was reportedly spent on foreign travels for the minister and aides to attend international events in Abu Dhabi and Dubai without required approvals from the Secretary to the Government of the Federation or the Head of Civil Service.

Further concerns were raised over unaccounted expenditures, including over N230 million on the GIGMIS platform and more than N282 million paid as non-personal advances to staff beyond statutory limits, all without adequate documentation.

At NBET, the Auditor-General uncovered multiple cases of irregular contract awards and payments. These include over N427 million in contracts awarded without evidence of procurement advertisements, more than N7.6 billion transferred into purported sub-accounts of unnamed beneficiaries, and over N9.3 billion paid to Egbin Power Plc without documents to authenticate the transactions.

The audit also cited payments exceeding N8 billion made without proper record-keeping, over N420 million paid to ineligible consultants without evidence of services rendered, and more than N1.1 billion spent as extra-budgetary expenditure without approval from the Minister of Finance or the National Assembly.

Other questionable expenditures highlighted include payments for vehicles without due process, unapproved legal fees, undocumented staff welfare packages, and consultancy services not captured in approved budgets.

SERAP warned that if decisive action is not taken within seven days of the receipt or publication of its letter, the organisation would consider legal steps to compel the government to act in the public interest.

Citing constitutional provisions, SERAP reminded President Tinubu that Section 15(5) of the Constitution mandates the abolition of corrupt practices, while Section 16 obliges the government to ensure that the nation’s resources are managed to promote the welfare and happiness of all citizens.