The Police Service Commission (PSC) has approved  the promotion of 38 Assistant Commissioners of Police (ACP) to the next rank of Deputy Commissioners of Police (DCP). 

The Commission also elevated 100 Chief Superintendents of Police (CSP) to Assistant Commissioners of Police (ACP). 

The Commission took the decision Thursday at the continuation of its extraordinary Plenary Meeting holding  at its Corporate Headquarters in Jabi Abuja and presided over by Its Chairman, DIG. Hashimu Argungu rtd. 

The meeting was also attended by Justice  Adamu Paul Galmuje, retired Justice of the Supreme Court and Commissioner representing the Judiciary; DIG Taiwo Lakanu rtd,  Commissioner representing the Police and Chief Onyemuchi Nnamani Secretary to the Commission. 

The new Deputy Commissioners of Police (DCP) are: Emmanuel  Deenom,  Olufemi Takeet, yusuf Doki Sani, Joseph  Habakkuk Anche, Faruku Umaru, Danladi Daura, Benedict  Omotomilola Olomo,  Bernard Adedayo Ojewale, Aminudeen Mohammed, Mohammed lawal  Bello, and  Mohammed sabo Haladu.

Others are:  Baba Gana  Saje,  Maman Bello Tambuwal Abubakar  Bello Mustapha, Haruna Adamu, Uzairu Abdullahi, Dashuwar Tepnyakas,  Braide Elekima,  Usman Garik,  Musa Abdullahi, Kabiru Salisu,  Uchenna Ani, Innocent  Oguejiofor Umuerie Mathew  Obiuwevbi, Gabriel Odiaka Dibie and  Olufemi  Olabanji Kayode, State CID, Osogbo,  Osun State Command. 

Ikenna Kenneth Ezeani, Force Secretary’s Office  Afolaranmi Omotayo, Ibrahim Yidi, Isyaku Usman, Rasaq Abdulsalam, Olajide Agboola, Chioma Onwukaike, Abayomi Agbana, Ibrahim Miringa Musa, Umar  Sokoto Abubakar,  James Ekanem Usen and Dauda Buba Fika were the other Assistant Commissioners promoted to the rank of Deputy Commissioners. 

Some of the Chief Superintendents of Police who were promoted to Assistant Commissioners are: Ibrahim Mohammed  Agava, Akinloye Joseph  Oyegade, Rilwanu Mohammed  Dutse, Ibrahim  Aliyu Jauro,  Abdulmajid Isah, Fidelity Lohya Labong, Anthony Olusola Ojo, Ibrahim Muktar, Abdulrahaman  Idris and Aminu Hamza.

Also promoted Assistant Commissioners are; Clement  Ugochukwu Ezejiofor,  Peter  Obiyo Ihechere,  Benjamin  Chidozie Egbu, Joy Ugo Elemoke, Mansur Mahmud Tafida, Area Command  Ido Osi, Ekiti State, Mohammed  Ibrahim second in Command Zonal CID Zone 3, Yola, Jude Ohaja, State CID, Awka, and Chinyere Ajuolachi Akalaga,  DPO, Lokogoma, FCT.

Godfrey  Ogbeide Victor, former DPO Utako, FCT, and now Commander Scorpion Squad Abbattoir, FCT, Banawi  Ishiaku, DPO  Otu Jeremi, Ughelli  South, Delta State, Abbas Abubakar,  DPO Ikot Abasi Akwa Ibom and Celestine Tochukwu Umeh were  also promoted to the next rank of Assistant Commissioners  amongst others.

According to a statement on Friday by the Head, Press and Public Relations, Ikechukwu Ani, PSC Chairman said the Commission will continue to be faithful in granting deserving Police Officers their due promotion. 

He however advised that they should reciprocate Commission’s faithfulness by rededicating themselves to the service of our country.

Argungu said the Commission expect that the war against insurgency and banditry should be given the required attention.

[TheNation]

The Senate spokesperson, Yemi Adaramodu, has criticised Kogi Central Senator, Natasha Akpoti-Uduaghan, over a dispute concerning her seating arrangement in the chamber.

Akpoti-Uduaghan, who represents Kogi Central under the Peoples Democratic Party, had on Thursday refused to use the seat assigned to her, citing Order 10 of the Senate Standing Rules, which protects members’ privileges.

The dispute arose after Akpoti-Uduaghan’s seat was reassigned due to a reshuffle triggered by opposition members switching to the majority wing.

However, she resisted the relocation.

In defiance, the Kogi senator spoke out loudly, accusing the leadership of attempting to silence her.

“I don’t care if I am silenced. I am not afraid of you. You have denied me my privilege,” she declared.

During the session, Senate President Godswill Akpabio called on security to remove her from the chamber, but intervention from fellow lawmakers prevented further escalation.

Reacting to the incident in an interview on Channels Television’s Sunrise Daily, Adaramodu said the Senate was not a platform for entertainment.

“What we are saying is that the National Assembly is not for content creation in entertainment. National Assembly is for serious business,” he said.

Addressing Akpoti-Uduaghan’s claim of being sidelined, Adaramodu, who represents Ekiti South, said she had already been appointed chairperson of three committees, including Foreign Affairs and NGOs.

“If she is talking like that being bullied or sidelined, as a first-timer, she even had three committees that she was appointed as chairman.

“You are entitled to only committee to be the chairman and she is in charge of Foreign Affairs, NGOs now,” the Senate spokesman said.

When asked about possible disciplinary action, he noted that her Kogi colleague, Senator Isah Jubril, had apologised on her behalf.

“The Senate as a whole has already accepted that tendered apology, so we are not going to revisit that,” Adaramodu stated.

[Punch]

The Africa Union, AU, 38th Summit from February 15-16, 2025 promised to be challenging as the body had to elect a new Chairperson for the African Union Commission, AUC, which is its engine room. The Commission is the AU Secretariat and its Chair, its chief executive officer.

In the last eight years, that seat had been occupied by Mr. Moussa Faki Mahamat who seemed to have been sleeping on duty. His country, Chad, was under the French orbit, and Faki, as Chadian Foreign Minister, and then President Idris Deby, carried out questionable activities in the Central African Republic. This led to Chadian troops fleeing that country in 2014.

 When on April 20, 2021, there was a coup in Chad by current Head of State, General Mahamat Deby, Faki, as AUC Chair, refused to apply the organisation’s ‘Lome Declaration’ on unconstitutional change of government. 

Faki was not particularly trusted, especially after he had smuggled Israel into the February, 2023 AU Heads of State Summit. This was detected and angry African countries led by South Africa got the Israeli mole, Ambassador Sharon Bar-li, walked out of the Summit after her accreditation and access badges were seized by the AU security.

So, for Africa, this Summit was an opportunity to rebuild, and the best place to begin was to elect a credible person to replace Faki. There were three main candidates.

Madagascar presented Richard Randriamandrato, its former Foreign Minister and later Minister of Economy and Finance. He had worked in the AU and the Common Market for Eastern and Southern Africa, COMESA, where he served for ten years. He did not appear to carry much weight and was clearly the least favoured.

Djibouti’s candidate was Mahamoud Ali Youssouf, who has been Foreign Minister since 2005. He had been educated in Djibouti, United Kingdom, France and Canada and served as Ambassador to Egypt before being Foreign Minister. He had previously served as both the Chairperson of the Council of Ministers of the Arab League and the Organisation of Islamic Cooperation, OIC. He had been Foreign Minister for two decades; it meant he had practically attended all Organisation of African Union, OAU/AU, Summits in the last 20 years.

The fact that Djibouti with a population of less than one million and a total land size of 23,200 square kilometres is one of the smallest countries in Africa, was not a disadvantage. In fact, it fits into the dream of the founding fathers of the OAU/AU, which is to give small countries greater say in the organisation. This is in line with the Constitutive Act of the AU which states that: “The Organization is based on the principle of the sovereign equality of all its Members.” So, to the AU, one way of ensuring equality between Seychelles with a population of about 100,000 people, and Nigeria with a 230 million population, is to cede leadership to small countries.

In line with this principle, since 1964, all the eleven elected chief executive officers of the OAU/AU except for South Africa’s Nkosazana Dlamini Zuma, were from countries considered small. These were Diallo Telli, Guinea; Nzo Ekangaki and William Eteki, Cameroun; Edem Kojo, Togo; Ide Oumarou, Niger; Salim Salim, Tanzania; Amara Essy, Cote d’ Voire; Alpha Oumar Konaré, Mali; Jean Ping, Gabon and Moussa Faki Mahamat, Chad.

 Except South Africa, 2012-2017, those from the big countries like Nigeria, Egypt, Ethiopia, Morocco and Algeria were never considered. The Ethiopian, Kifle Wodajo, 1963-64, and the Nigerian, Peter Onu, 1983-1985 occupied those offices in acting capacity.

To me, my main concern about Djibouti is that it is like a ball played around by the big powers. Four countries have military bases in that tiny country. China has in the Port of Doraleh, Western Djibouti; in the Southern part, the United States has its base in Camp Lemonnier; the French, in Base Aerienne 188 and, even Japan without a conventional military has its Japan Self-Defence Force Base in Djibouti.

The big fish was Raila Amolo Odinga, a famous African figure who had been Kenyan Prime Minister for five years from 2008. He is the son of famous African Pan Africanist, Jeramogi Oginga Odinga.

Odinga had support amongst the big boys and in the first round of voting, Kenya had 20 votes, Djiboiti 18, Madagascar 10 with one abstention. In the second, Kenya had two more votes and Djibouti one. But in the third round, Kenya dropped to 20 votes while Djibuoti led with 23 votes and Madagascar maintained its bottom position with five votes. At this point, Madagascar dropped out and Djibouti maintained its lead into the seventh round where it won with 33 votes.

A possible reason for Djibouti’s victory is that after Madagascar dropped out, the French-speaking bloc might have consolidated its votes in the Djibouti vote basket. Also, the age difference between an 80-year-old Odinga, and a 59-year-old Youssouf might have counted in the latter’s favour. Again, some consider Odinga a bit brash and too assertive.

Not unexpectedly, the big countries took a the next big seats. Selma Malika Haddadi was elected the Deputy Chairperson. The 47-year-old is the Algerian Ambassador to Ethiopia, its Permanent Representative to the African Union and the United Nations Economic Commission for Africa, UNECA.

In line with the AU gender principle that if the elected AUC Chair is male, the Deputy Chairperson must be female and vice versa, only females remained in the Deputy Chair race. The Algerian had to gallop past Morocco’s Ms. Latifah Akharbach, Egypt’s Ms. Hanan Morsy and Ms Najat Elhajjaji of Libya.

Nigeria, the ‘Giant of Africa’ through Ambassador Bankole Adeoye retained the powerful position of Political Affairs, Peace and Security, PAPS, Commissioner.

South Africa’s Ms Lerato Mataboge, took the Infrastructure and Energy seat, Eswatini’s Mr. Moses Vilakati took that of Agriculture and, Ghana’s Ambassador Amma Twum-Amoah became Health, Humanitarian Affairs and Social development Commissioner.

It is difficult to say at this point if Africa has a strong enough team to move it forward. There is also the argument whether Political Affairs and Peace and Security, should remained merged or surgically separated.

The theme of the AU 2025 Summit was “Justice for Africans and People of African Descent Through Reparations.”

Reparations is an old struggle and for Africa to make any headway, the AU needs to team up with African American support groups and the 15-member countries of the Caribbean Community, CARICOM. It needs to link whatever programme it is working on with the CARICOM ‘Ten Point Plan for Reparatory Justice.’ On a practical level, this will include building “bridges of belonging” between Africa and the Caribbean and, allowing those in the Diaspora who want to return to Mother Africa, to do so freely.

...Our fintech innovations have transformed cross-border payments across continent, says VP Shettima

...Calls for accelerated implementation of AfCFTA Digital Protocol

Nigeria has officially been designated as Africa's Digital Trade Champion, a role that could help create over 10 million new jobs across the continent by the end of 2025.

To this effect, Vice President Kashim Shettima has reaffirmed Nigeria’s commitment to leading Africa’s digital trade agenda under the African Continental Free Trade Area (AfCFTA).

The Vice President, who was represented by the Minister of Industry, Trade, and Investment, Dr Jumoke Oduwole, stated this on Wednesday during the AfCFTA Digital Trade Workshop and Global Market at the State House Conference Centre in Abuja.

The workshop, which brought together officials from the federal and state governments, including Commissioners of Trades and Industry and private sector experts, has the theme: “Unlocking State Exports Potential.”

According to VP Shettima, Nigeria’s progress in digital commerce, services, and innovation, has positioned the country as the continent’s digital trade hub.

"Our innovations in mobile payments have transformed cross-border payments, financial inclusion, and digital transactions across the continent," he stated.

Nigeria’s appointment as Africa's Digital Trade Champion followed President Bola Ahmed Tinubu's December 2024 pledge in Cape Town to champion the digital trade agenda for all Africans. 

This leadership role was formally recognised at the 38th African Union Heads of State Summit, where President Tinubu received a commendation from former Niger President Mahamadou Issoufou, the AfCFTA Champion.

Speaking at the two-day workshop, the Vice President also announced that Nigeria's Ambassador to the World Trade Organization, Dr. Adamu Mohammed Abdulhamid, has been appointed chairperson of the Committee of Trade and Services Special Session, effective this month.

“The AfCFTA Digital Trade Protocol aims to increase intra-African trade from 18% in 2022 to 50% by 2030. With over 109 million internet users and a thriving mobile economy, Nigeria has the foundation to lead Africa's digital commerce evolution,” Shettima noted.

The Internet economy is projected to contribute 5.2% of Africa's GDP this year, with the continent's digital economy expected to reach $180 billion, up from $115 billion in 2020.

“Initiatives such as the Federal Ministry of Investment's National Talent Export Programme, launched by the President in September 2023, the Outsource to Nigeria Initiative backed by the Office of the Vice President, and the 3 Million Technology Talents Programme of the Ministry of Innovation and Digital Economy are leading this growth and opening up opportunities for access to high-quality Nigerian talent at a global scale,” VP Shettima said.

He further noted that Nigeria has modernised its passport application system and invested in port infrastructure to streamline trade procedures, reducing customs processing times and enhancing the country's ability to handle a major share of West Africa's cargo.

"Let us move rapidly from the text of the protocol to the actuality of a digitally enabled trade as a catalyst for prosperity for all,” he added.

Also speaking, the Minister of Youth Development, Mr Ayodele Olawande, described the workshop as a welcome development, recalling that last year, President Tinubu had approved the Nigerian Youth Investment Fund to empower Nigeria's young entrepreneurs and SMEs.

Noting that the significant approval of the Youth Investment Fund will be dedicated to supporting young Nigerians, the Minister noted that the Tinubu administration "is producing capital businesses for the young entrepreneurs engaging in agriculture, manufacturing, textile, creative industry, digital services and other export items so that they can meet the international trade standard.

"I also believe that this platform and strategic partnerships will help the youths to own their businesses to connect with the international digital trade and make Nigeria productive and globally competitive," he added.

On his part, Kaduna State Governor, Senator Uba Sani, said a nation that fails to embrace digital trade will certainly be left behind, just as he applauded the Tinubu administration for making significant strides in the ICT sector.

The Governor, who was represented by his deputy, Dr Hadiza Balarabe, said, "Digital trade platforms have eliminated traditional trade barriers, allowing businesses, both big and small, to participate in regional and global markets like never before. Today, we are reminded of the immense potential that lies within the African Continental Free Trade Area in a world increasingly defined by interconnectivity.

"We must seize this moment, not merely as a challenge, but as a powerful catalyst for growth and development. Digital transformation stands today as the cornerstone of innovation and sustainable growth. With 65% of our population under the age of 25, Nigeria possesses the demographic advantage to become a global digital powerhouse.“

On her part, the Minister of Art, Culture, Tourism and Creative Economy, Barrister Hannatu Musawa, commended the Vice President for championing digital trade innovations, saying while Nigeria has the tools to unlock its potential in the sector, AfCFTA is an opportunity to leverage the nation's strength, especially in the creative industry.

"As the Minister of Arts, Culture, Tourism and the Creative Economy, I believe that the creative and culture industries are not just mere expressions but are real powerful drivers of the economy. Our ministry is committed to positioning Nigeria's creative sector as a cornerstone of export through growth under the free trade area.

"Through the Creative Economy Development Fund that was recently approved, we are pioneering a new frontier, enabling creators to transform their intellectual property into bankable assets, and I think this is a very important and formidable initiative," the minister stated.

Also speaking, Comptroller General of the Nigeria Customs Service, Adewale Adeniyi, outlined the agency's commitment to digital trade facilitation at the workshop. 

He emphasised the central role of export promotion in Nigeria's current economic strategy.

"Customs has established a dedicated export command in Lagos, and they actively participated in AfCFTA's guided trade initiatives. We have deployed advanced digital solutions, including a new platform christened B'Odogwu, intended to improve transparency and efficiency by connecting all stakeholders on a unified system," he said.

On her part, Director General of the National Identity Management Commission (NIMC), Engr. Abisoye Coker-Odusote, presented data on how digital identity systems will transform Nigeria's trade landscape.

"This shift to digital trade presents an enormous opportunity for Nigeria to diversify its economy and leverage non-oil assets," Coker-Odusote stated, projecting substantial growth in business registrations through digital channels in the coming years.

In his welcome remarks, Special Assistant to the President on ICT Policy, Dr Salihu Dasuki Nakande, said, "AU's endorsement of Nigeria as the AfCFTA Digital Trade Champion is a testament to our country's strategic role in shaping the future of digital commerce across the continent.

"With this endorsement, Nigeria is not just a participant—we are leading the charge in designing the frameworks, policies, and innovations that will drive Africa's digital economy forward."

Also, Special Assistant to the President on Export Promotion, Aliyu Bunu Sheriff, said, "In 2024, Nigeria's non-oil exports exceeded $5.4 billion, yet this is only a fraction of our true potential. To sustain economic growth, stabilise the naira, and create jobs, we must transition from a predominantly consumption-driven economy to one centred on production and value addition.

"The European Union imports over $120 billion worth of fruits and vegetables annually. If Plateau State, which is rich in fruits and vegetables, captures just 2-5% of this, that translates to $2.4 billion to $6 billion in exports."

Principal Research Fellow at Overseas Development Institute (ODI), Max Mendez-Parra, said, "The AfCFTA Protocol on Digital Trade certainly has the potential to advance digitally-driven industrialisation in Africa by fostering a conducive environment for digital commerce and innovation. 

"To fully harness the benefits of the AfCFTA DTP and realise the opportunities it offers, Nigeria's public and private sectors need a robust implementation strategy that would also improve domestic regulations and unlock growth in GDP, employment and digital trade.”

Also, Country Director for the British High Commission's Department for Business and Trade in Nigeria, Mark Smithson, said, "AfCFTA is the African Union's most ambitious regional economic channel. The AfCFTA holds the potential to be a game changer for Nigeria's inclusive economic change, driving industrial growth, generating jobs and delivering inclusive prosperity across the continent as well as in Nigeria."

Stanley Nkwocha

Senior Special Assistant to The President on Media & Communications

(Office of The Vice President)

The power drunk leadership of the Benue State House of Assembly has been reported to have suspended the 13 members of the House who opposed the illegal resolution directing Governor Hyacinth Alia to remove the Chief Judge of Benue StatebJustice Maurice Ikpambese from office. 

The purported suspension of the 13 legislators is a reckless breach of the Constitution. In the cases of Hon Dino Melaye & Ors v House of Representatives, Senator Ovie Omo Agege v The Senate and Senator Ali Nduma v The Senate, the Federal High Court nullified the illegal suspension of the Plaintiffs on the ground that the Defendants acted ultra vires.

In the case of the Speaker of the Bauchi House of Assembly vs Honourable Rifkatu Danna (2017) 49 WRN 82, the Court of Appeal affirmed the judgment of the Bauchi State High Court which had earlier set aside the indefinite suspension of Rifkatu Danna as member of the Bauchi State House of Assembly. The Court held that the suspension of an elected legislator is illegal and unconstitutional as it constitutes a denial of representation by his or her constituency.

Since the suspension of the legislators cannot be justified under the Constitution, the leadership of the Benue State House of Assembly should recall them without any delay. 

Femi Falana SAN

... Donates N8bn to Presidential Library, Pledges N2bn Annually Until Completion

The President and Chief Executive of Dangote Industries Limited, Aliko Dangote, has praised former Head of State, Gen. Ibrahim Badamasi Babangida, popularly known as IBB, for implementing policies that liberated the private sector in Nigeria during his regime.

Dangote made this statement on Thursday during the unveiling of the book “A Journey in Service”, the autobiography of the former Head of State. The event also served as a fundraiser for the IBB Presidential Library.

Africa’s wealthiest man donated N8 billion to the IBB Presidential Library, to be paid at N2 billion annually over the four years allocated for the project’s completion. He further pledged that if the project extends beyond this timeframe, he would continue to donate N2 billion annually until it is finished.

Dangote, who is the largest employer of labour after the government, commended Babangida for his transformative policies that encouraged Nigerian investors to play prominent roles in the economy. He particularly highlighted the abolition of import licences, which helped stimulate domestic industries. These reforms, among others, ensured that Nigeria now has more private-sector involvement than any other country in Africa. This shift, he said, led to a contribution of 85% of the country’s GDP from the private sector, while the government contributes just 15%.

“Your Excellency, I would like to express my sincere gratitude for all you have done for Nigeria. Many may not realise that you were the architect of the private sector in Nigeria. Anyone in the private sector who has achieved prominence today owes it to you, as you provided us with the necessary licences. In the past, we used to struggle to obtain licences through intermediaries, including Indians,” he said.

Dangote recalled how Babangida’s policies facilitated the growth of Nigerian businesses, enabling them to thrive. “Your Excellency, in 1986, you abolished the requirements for import licences, and it was because of that decision that we were able to reach the highest levels of growth. I recall a day when you granted almost 30 of us banking licences. You also instructed five Nigerians to pay N1 million each for oil blocs.

“Your Excellency, I could continue to list all the reforms you introduced that liberated the private sector, which is why Nigeria has more private sector involvement than any other country in Africa. It is only in Nigeria where government contribution to GDP is a mere 15%, with the remainder being driven by the private sector,” he added while expressing hope that future Nigerian leaders will adopt similar policies for the betterment of the country. “I want to thank you once again, and I am confident that future leaders will continue to follow your example, working closely with the private sector.”

On his contribution to the IBB Presidential Library project, Dangote said, “Your Excellency, based on what I have observed, I believe this project will require at least four years to complete. I would like to contribute N2 billion each year for the next four years, amounting to N8 billion in total. Should the project extend beyond four years, I will continue to contribute N2 billion annually.”

Other prominent Nigerians also pledged contributions to the library’s construction. The Chief Launcher and Founder of BUA Group, Abdul Samad Rabiu, donated N5 billion, while the co-Chief Launcher and Founder of the TY Danjuma Foundation, Theophilus Yakubu Danjuma, donated N3 billion.

Former President Olusegun Obasanjo, who chaired the event, remarked that by writing his memoir, Babangida had not only contributed to making history but also to documenting it. However, he cautioned the former military Head of State to expect varied reactions to the book, including good, bad, and ugly ones.

Former President Goodluck Jonathan also praised Babangida for the launch of his memoir and stated that Nigeria’s history would be incomplete without the story of the former Head of State.

During the book’s review, former Vice President Yemi Osinbajo quoted Babangida as saying that late Moshood Abiola, who contested the 1993 presidential election on the platform of the Social Democratic Party, won the election. However, Babangida described the annulment of the election as the most difficult decision of his life.

“There was no doubt in my mind; MKO Abiola won the election. He satisfied all the requirements,” Babangida was quoted as saying.

The former military leader noted that while the annulment of the election remained a defining moment in his career, he took solace in the fact that former President Muhammadu Buhari posthumously honoured Abiola with the Grand Commander of the Federal Republic title, a recognition reserved for Nigerian presidents.

There was a mild drama on Wednesday as a standoff over seating arrangements led to a heated exchange between Senator Natasha Akpoti-Uduaghan (PDP, Kogi Central) and the senate leadership.

Trouble began when Senator Natasha’s seat was relocated upon resumption of the session presided by the Senate President, Godswill Obot Akpabio, but she refused to comply with the change.

The Chief Whip, Senator Mohammed Ali Monguno drew the attention of the Senate President to “Senator Akpoti-Uduaghan’s improper seating position of the lawmaker.”

Upholding this position, Senate President Godswill Akpabio ruled in favor of the order. However, when Senator Natasha raised her hand to speak, she was denied recognition because she was not addressing the chamber from her newly assigned seat.

Refusing to back down, Senator Natasha raised her voice in protest, directly confronting the Senate President.

“I don’t care if I am silenced. I am not afraid of you. You have denied me my privilege,” the Kogi lawmaker said.

The lawmaker also accused Akpabio of sidelining her, stating that she had been denied several opportunities to present bills for a second reading since their last confrontation.

The argument added an unexpected layer of drama and tension during the plenary. The Senate President even ordered the sergeant at arms to walk the Kogi Central senator out, but after the intervention from various lawmakers, calm was restored but she adamantly declined to move.

[DailyTrust]

In a landmark decision in ATTORNEY GENERAL OF THE FEDERATION V. ATTORNEY GENERAL OF ABIA STATE & ORS (2024) LPELR-62576(SC) last year, the Supreme Court gave the local government system full autonomy, warning governors to keep their political fingers off Local Government Councils (LGCs). The legal status of the LGCs in Osun State has however been the subject of intense political and judicial debate following the 2022 local government elections. The matter has seen multiple judicial determinations, culminating in two critical Federal High Court judgements; one obtained by the People’s Democratic Party (PDP) and the other by the Action Peoples Party (APP). While both judgements invalidated the elections conducted by the Osun State Independent Electoral Commission (OSSIEC), the judgement secured by APP remains the extant, binding, and subsisting legal authority, as no superior court has set it aside.

DISTORTION OF THE ESSENCE OF THE JUDGMENTS

In recent times, misinterpretations and misinformation have sought to distort the legal position, with some claiming that a recent Court of Appeal judgement reinstated the sacked local government officials. However, a critical examination of the Court of Appeal’s latest decision shows that it merely struck out the PDP’s appeal on the ground that no cause of action had arisen at the time of its filing. The position of the law in this regard is that when judgements are not to the substance of a case, they do not change the rights and liabilities of parties. See the case of IGBUNBOR V. AFOLABI (2001) FWLR (Pt. 59) 1284 at 165. Importantly, the Court of Appeal did not nullify or overturn the subsisting Federal High Court judgement granted in favour of APP, which therefore remains the authoritative and binding authority affecting the rights of the parties.

It is therefore meet that we clarify the foggy situation by analyzing the relevant judgements, applicable laws, and legal principles that govern the status of the 2022 Osun local government elections. This analysis will demonstrate that the local government councils were legally dissolved and that no subsequent judicial pronouncement had restored them. It will also demonstrate that the latest foiled invasion of many LGCs across Osun State by some APC persons is unconstitutional, illegal and amounted to self-help.

THE 2022 OSUN LOCAL GOVERNMENT ELECTIONS HALLMARKED LEGAL CHALLENGES

The dispute over the Osun local government elections actually commenced in 2022, following the conduct of the elections by OSSIEC. The elections were challenged in court on the basis that OSSIEC had failed to comply with the mandatory provisions of the Electoral Act, 2022, specifically sections 28, 29, 32, 98, and 150 thereof.

The People’s Democratic Party (PDP) and the Action Peoples Party (APP) had separately instituted legal actions at the Federal High Court, seeking to have the elections nullified. The basis of these suits was OSSIEC’s alleged non-compliance with statutory provisions and constitutional violations.

THE PDP SUIT IN BRIEF

In the case of PDP, it was alleged that OSSIEC was planning to conduct local government election in Osun State in violation of the provisions of the Electoral Act, 2022, specifically sections 28, 29, 30 and 150 thereof. PDP also called on the Federal High Court to apply the decision of the Supreme Court in OSSIEC & ANOR V. ACTION CONGRESS & ORS (2010) LLJR-SC (delivered in 2010), to the effect that any notice of a local government election which is not in compliance with the Electoral Act is null and void. The law in existence as at the time of filing the said suit was the OSSIEC Law, 2015 (as amended).

While the suit was pending, the Osun State House of Assembly repealed the existing 2015 amended OSSIEC Law, and enacted the new OSSIEC Law, 2022, which prescribed 360 days’ notice for election, same as contained in the Electoral Act, 2022. OSSIEC then, during the pendency of the action, published a notice of election prescribing only 60 days as against the 360 days specified by the OSSIEC Law and the Electoral Act.

PDP, then, by an order of court, amended its processes to bring in the new development. OSSIEC still went ahead with the conduct of the election and the All Progressives Congress (APC) participated despite the pendency of the suit at the Federal High Court. It was after the election that the APC and some of its candidates brought a joinder application to the suit in a representative capacity, for all its candidates who reportedly participated at the election. The Federal High Court granted their application for joinder and the whole court processes were amended to reflect all the parties and issues. On 25^th November, 2022, the Federal High Court delivered a judgment in the suit, nullifying the election and consequentially sacking all the purported elected officials.

SUMMARY OF THE APP SUIT

The APP’s suit was similar to the PDP suit in all respects; the only difference being that the APP’s suit was filed after the enactment of the OSSIEC Law 2022 and after the publication of the 60-day election notice by OSSIEC, as against 360 days provided by the OSSIEC Law and the Electoral Act.

While both parties obtained favourable judgements, the judgement in the APP suit has become the legally binding decision, as APC’s appeal against it was dismissed by the Court of Appeal on the 13^th of January, 2025, for want of diligent prosecution. This dismissal rendered the APP judgement the final and only subsisting authority on the matter.

 JUDICIAL INTERVENTION ON THE VALIDITY OF THE ELECTIONS

1. The FHC Judgement in APP v. OSIEC (Suit No. FHC/OS/CS/75/2022)

In this case filed by the Action Peoples Party (APP), the Federal High Court (FHC), delivered a landmark judgement that rendered the October 15, 2022, Osun Statw local government elections null and void. The court held that the elections violated the Electoral Act, 2022, and were also inconsistent with the 1999 Nigerian Constitution.

The FHC in the APP case held as follows:

• “The election into local government councils across Osun State held on the 15th of October 2022, pursuant to the notice of election issued on the 15th of August 2022, is hereby declared unconstitutional, invalid, null, and void for violation of the Constitution and breach of Sections 28, 29, 32, 98, and 150 of the Electoral Act, 2022.”
• “All persons or individuals occupying offices in the state local government councils by virtue of the said election are accordingly sacked from holding such offices.”
• “Sections 25 and 26 of the Osun State Independent Electoral Commission Law, 2022, having been enacted in contravention of Paragraph 12 of Part II of the Second Schedule to the Constitution and being inconsistent with Sections 29 and 32 of the Electoral Act, 2022, are hereby struck down.”

I agree with the decision of the FHC because it is trite law that any law that is inconsistent with the Constitution is null and void and must be struck down because the Constitution is the grundnorm of the land (see section 1(3) of the Constitution of the Federal Republic of Nigeria, 1999 [as amended]). The Supreme Court, Per JAURO, JSC, pronounced on the supremacy of the Constitution in NPF & ORS V POLICE SERVICE COMMISSION (2023) LPELR-60782(SC) (P.154, paras. A-F), thus:

“It is equally imperative to restate the elementary principle of the supremacy of the Constitution. The Constitution of the Federal Republic of Nigeria is the grundnorm, the basic law of the land. It stands head and shoulders above any other law or instrument enacted by the National Assembly, State House of Assembly or any other person or authority empowered in that regard. It is from the Constitution that every other enactment or instrument derive their validity and binding force. The doctrine of the Supremacy of the Nigerian Constitution is traceable to Section 1(1) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), which provides thus: "1. Supremacy of the Constitution (1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria. (3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.”

Consequently, as was decided by the Supreme Court in the case of PEENOK INVESTMENTS LIMITED V HOTEL PRESIDENTIAL (1982) 12 SC 1, there is undoubted power in the Court to declare null and void any law that conflicts with the provisions of the Constitution”. See also the cases of HON. INAJOKU & ORS V. ADELEKE & ORS (2007) ALL FWLR; OLAFISOYE V. FEDERAL REPUBLIC OF NIGERIA (2004) ALL FWLR 1106; AINABEBHOLO V. EDO STATE UNIVERSITY WORKERS FARMERS MULTIPURPOSE COOPERATIVE SOCIETY LTD (2007) ALL FWLR 712; PDP v. EDEDE & ANOR (2022) LPELR-57480(CA); PRESIDENT OF THE FRN & ORS v. ISA & ORS (2015) LPELR-25981(CA); and, AG FEDERATION & ORS v. ABUBAKAR & ORS (2007) LPELR-3(SC).

The legal implication of this judgement cannot be overstated. By declaring the 2022 Osun State LG elections unconstitutional, null and void, the court completely erased any legal foundation for the existence of the local government councils elected through that flawed process. The said APP judgement was also a judgement in rem, meaning that it applied to the whole world, all parties and stakeholders, and non-parties alike, irrespective of whether or not they participated in the litigation. In DIKE & ORS V. NZEKA II & ORS (1986) LPELR-945 (SC), the Supreme Court underscored this point most lucidly when it held:

“... A judgment is said to be in rem when it is an adjudication pronounced upon the status of some particular thing or subject matter by a Tribunal having the jurisdiction and the competence to pronounce on that Status. Such a judgment is usually and invariably founded on proceedings instituted against or on something or subject-matter whose status or condition is to be determined. It is thus a solemn declaration on the status of some persons or thing. It is therefore binding on all persons in so far as their interests in the status of the property or person are concerned. That is why a judgment in rem is a judgment contra mundum - binding on the whole world - parties as well as non-parties. ...."

See also the cases of OYETOLA & ANOR v. INEC & ORS  (2023) LPELR-60392(SC); and, A.G. ABIA STATE & ORS V. A.G. OF THE FEDERATION (2022) LPELR-57010 (SC).

1. The Dismissal of APC’s Subsequent Appeal and the Finality of the APP Judgement

Following the Federal High Court’s judgement, the All Progressives Congress (APC), which had benefited from the October 2022 elections, appealed the judgement in the case filed by APP. However, the Court of Appeal dismissed the appeal on the 13^th of January, 2025, for want of diligent prosecution.

The legal implication of that dismissal is that the FHC’s judgement in the APP case remains the extant and binding position of the law. Under section 287(3) of the 1999 Constitution, all authorities and persons within Nigeria, including government institutions, political parties, and law enforcement agencies are obligated to enforce and abide by the said judgement, the appeal arising therefrom having been dismissed.

The current legal position on the status of the Osun State LGCs following these decisions of both the FHC, Oshogbo, and the Court of Appeal is that the earlier judgment of the FHC, which nullified the local government elections conducted on October 15, 2022, remains binding and validly subsisting. The election conducted by OSSIEC in 2022 therefore stands nullified, while all candidates in that election remain sacked. This will continue to be the position of the law until the judgment is set aside by the apex court of the land at the instance of the APP.

1. The PDP Case and the Court of Appeal’s Technical Dismissal of Same

The PDP had in a separate case similar to APP’s, also challenged the legality of the OSSIEC conducted elections. The FHC sitting in Oshogbo had held in its favour. However, upon appeal, the Court of Appeal sitting at Akure struck it out on technical grounds. The court held that the PDP’s case was premature and speculative, having been filed prematurely when notice of the election had not yet been issued at the time of filing. This, in the intermediate Court’s view,  deprived the FHC of jurisdiction to entertain the case. It is respectfully submitted that the Court of Appeal was right as is trite that where a matter is instituted when no cause of action has arisen, the doctrine of ripeness applies and such a matter becomes merely speculative and amounts to an academic exercise. This position of the law was upheld in the cases of EDEVIE V. OROHWEDOR & ORS (2022) LPELR-58931 (SC); OGBIMI V. OLOLO & ORS (1993) LPELR-2280(SC); and, UWAZURUONYE v. GOVERNOR OF IMO STATE & ORS (2012) LPELR-20604(SC).

It must be understood that this judgement did not invalidate the decision earlier obtained by APP at the FHC. Rather, it was a purely procedural decision that had no bearing whatsoever on the substantive matter – the validity or invalidity of the Osun State LG elections. The Court of Appeal held as follows:

“As at the time the PDP brought the suit, the cause of action had not arisen because the notice of election had not been issued. The suit was therefore premature.”

This judgement merely struck out the PDP’s appeal without ruling on the legality or otherwise of the elections. Nor were  consequential orders made. More significantly, no declaration or consequential orders were made reinstating the ousted local government officials. When no consequential orders are made in a suit, the status quo remains as contained in the judgement appealed against. See the cases of AKINBOBOLA V. PLISSON FISKO (NIG) LTD & ORS (1991) LPELR-343(SC) and FCDA STAFF MULTI-PURPOSE (COOP) SOCIETY & ORS V. SAMCHI & ANOR (2018) LPELR-444380(CA). The fundamental issues that could have propelled the Court of Appeal to pronounce on the validity or otherwise of the notice of election and the propriety or otherwise of sacking the APC purported elected council officials who had participated in the said election were never considered by the Court of Appeal as they were treated as academic.

LEGAL IMPLICATIONS: THE INCONTROVERTIBLE DISSOLUTION OF THE LOCAL GOVERNMENT COUNCILS

1. The 2022 Osun State LG Elections Were Null and Void

By virtue of the APP FHC judgement, the 2022 Osun local government elections were clearly unconstitutional and void from the outset. As a matter of law, a void act confers no legal right. When an act is void, it is void for all times and is not required to be set aside. In the case of OYENEYIN & ANOR V. AKINKUGBE & ANOR (2010) LPELR-2875 (SC), the apex court held that:

“In law, a void act is an act which has no legal effect or consequence. It does not confer any legal right or title whatsoever, and it does not impose any legal obligation or liability on any one or make any party liable to suffer any penalty or disadvantage.”

In simple terms, one cannot put something upon nothing and expect it to stand. It will collapse. See the cases of LEONARD MACFOY V. UAC LIMITED (1962) AC 152; OKWUOSA V. GOMWALK & ORS (2017) LPELR-41736 (SC); IFEANYI V. OGBA & ORS (2022) LPELR-58787(SC); and, MUSTAPHA & ORS V. ADENOPO & ORS (2020) LPELR-51409(CA). Consequently, no political party, individual or group can lay any valid claim to any Osun State local government offices based on the voided election.

2. All Purported Local Government Officials Remain Legally Removed from Office

Since the FHC in the APP case had expressly sacked all persons occupying the local government positions and no appellate court has reversed that judgement, all the said officials remain legally removed from office. The said judgement remains binding on all parties and the whole world until set aside.

Indeed, the Supreme Court had upheld this position of the law in NGERE & ANOR v. OKURUKET & ORS (2014) LPELR-22883(SC), where it held:

“...The judgment of a Court of competent jurisdiction subsists until upset on appeal. While the judgment subsists, every person affected by it or against whom an order is made must obey it even if it appears wrong. Judgments take effect immediately they are delivered and every Court has inherent power to proceed to enforce judgments at once. The enforcements on delivery can only be interrupted by a stay of execution provided there is an appeal.”

3. The Court of Appeal’s Judgement in the PDP Appeal Did Not Reinstate Anyone

Contrary to the position of the sacked LG officials who had sought to forcibly gate-crash into their offices, the Court of Appeal never reinstated any sacked LG officials. It merely struck out the PDP’s case without considering or commenting on the validity or otherwise of the voided elections. Consequently, any claim that the Court of Appeal reinstated the ousted chairmen is a deliberate distortion of facts and a result to sophistry.

4. The APP Judgement Is Binding on All Parties

Since APC’s appeal against the APP FHC judgement was dismissed by the Court of Appeal, that judgement remains final and binding on all political parties, individuals and institutions in Osun State. See the case of NOEKOER V. EXECUTIVE GOVERNOR OF PLATEAU STATE & ORS (2018) LPELR-44350(SC), where the apex court held that:

“it is well settled law that the  judgement of a competent court subsists and remains binding until it is set aside on appeal”.

5. Any Attempt to Reoccupy Local Government Offices Is Unconstitutional and Amounts to Self Help

Any action taken by political actors to forcefully invade and reoccupy LG offices as was witnessed few days ago is not only illegal but also constitutes a contemptuous disregard of a valid and subsisting court judgement; and indeed a resort to self help, viet armis. The law forbids such resort to self-help by parties in a pending matter with a view to usurping the functions of a court of law. The Supreme Court in AGBAI & ORS V. OKOGBUE (1991) LPELR-225 (SC) 69-70, F-A, trenchantly cautioned that:

“The ratio decidendi of the decision of this Court in Ojukwu’s case is that once there is lis inter partes and the Courts of law are seised with the dispute, no person or authority, whether parties to the lis or not, is allowed by the Constitution to usurp the functions of the Court of law. It is the duty of every person or authority not to interfere with the legal and judicial process from taking its due course.”

The Supreme Court further confirms this position in NWAKIRE v COP (1992) LPELR-2097 (SC) 42-43, A-D, where it held thus:

“That self-help is not allowed in adjudication has been firmly ensconced in the jurisprudence of this nation like the Rock of Gibraltar, which position remains as constant, in Caesar’s words in Shakespeare’s Julius Caesar, “as the Northern Star”.

See the causa celere case of MILITARY GOVERNOR OF LAGOS STATE V. OJUKWU & ANOR (1986) LPELR-3186 (SC). See also GARBA V. FCSC (1988) LPELR-1304 (SC) 28-29.

6. The Court of Appeal did not make any consequential Order of Re-instatement of the Sacked LG Officials

It must again be emphasised for the umpteenth time that the Court of Appeal in the PDP appeal decision never validated the election conducted by OSSIEC in 2022 under any guise as the issues on the validity of the election that could have led to a pronouncement on whether or not the APC candidates were rightly sacked were never considered. As a result, there was no consequential order for reinstatement by the Court of Appeal. The only consequential order by the Court of Appeal was an order directing PDP to pay a cost of N250,000 to the Appellants. NO MORE, NO LESS!

CONCLUSION

UPHOLDING THE RULE OF LAW

The Judiciary’s intervention in both the PDP and APP cases rather than show a Judiciary that is complicit, actually underscored the supremacy of the Electoral Act over state laws in regulating local government elections. Under Nigerian legal jurisprudence, the doctrine of “covering the field” applies here, which provides that all state laws which are inconsistent with federal laws are to the extent of those inconsistencies, null and void. In the case of A.G LAGOS STATE V. EKO HOTELS (2017) LPELR-43713(SC), the apex court expounded on the doctrine of covering the field thus:

“If any law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the Law made by the National Assembly will prevail, and that other law shall to the extent of its inconsistency be void” – Section 4(5) CFRN 1999 {As Amended}. This, in clear language, means that only the law validly enacted by the federal legislature will prevail on that which is also validly made by the state house of assembly but this is only where that State Law is inconsistent with that of the Federal law.”

Similarly, in FRIDAY & ORS v. GOV OF ONDO STATE & ANOR (2012) LPELR-7886(CA), the appellate court held thus:  

“...It is thus legal and legitimate for both the National Assembly and a State House of Assembly to legislate on same subject matter provided there is no inconsistency from the State law. Where there is inconsistency however, the State law will be declared null and void to the extent of its inconsistency, and in order not to create any vacuum, resort will be had to the old jurisprudential principle of covering the field, that is to say, that since there is a Federal Legislation on the subject matter, it is not necessary for a Federating State to legislate on that area and the provision made by the National Assembly covers the subject matter in question."

See also the cases of O.S.I.E.C. V. A.C (2010) 19 NWLR (Pt. 1226) 273;  NPF & ORS V. POLICE SERVICE COMMISSION (2023) LPELR-60782 (SC); INEC V. MUSA (2003) LPELR-24927 (SC); and, AIRTEL NETWORKS LTD V. AG OF KWARA STATE & ANOR (2014) LPELR-23790 (CA).

All the judgements involved in these cases actually reaffirmed the necessity for electoral bodies to adhere strictly to established legal frameworks, ensuring transparency and compliance in the electoral process. See the cases of AUGUSTINE & ANOR V. INEC & ORS (2024) LPELR-61876(SC) and BUHARI Vs. INEC (2008) 19 NWLR (1120) 246. Such a judgement serves as a significant precedent for future electoral disputes in Nigeria, thus emphasizing the importance of lawful conduct in the governance process. The Court of Appeal in the PDP appeal having struck out the suit without considering the merit of the decision as regards the validity or otherwise of the election conducted by OSSIEC in 2022, the effect is that the suit filed by the PDP never existed in the eyes of the law.

However, the Court of Appeal in the PDP case did not strike down the judgment of the FHC in the APP case, nor did it validate the 2022 LG election and re-instate the sacked LG officials. The FHC’s decision in the APP case thus remains the only definitive legal authority on the status of the 2022 Osun State LG elections. Until and unless the Supreme Court decides otherwise, the said elections remain null, void, and of no effect whatsoever. No person elected in that flawed process can lay any lawful claim to any office.

Any claim to the contrary is a deliberate misinterpretation of the legal position and  constitutes an attempt to undermine the rule of law and subvert the judicial process. Such would also serve as a subterfuge to the powers and decisions of arguably the most important arm of government – the Judiciary.

THE COURT’S DECISION IN THE OSUN LG BROUHAHA MUST BE EXECUTED

It is now the duty of law enforcement agencies and government institutions to ensure that all judicial decisions involved in these cases are respected and upheld. It is trite that all persons and authorities must obey judgements of courts and parties are not permitted to pick and choose which judgements to obey, or which to disobey. This legal principle was emphasised in the case of PDP v. LALONG & ORS (2023) LPELR-61629(CA), where the intermediate court held thus:

“By the provision of Section 287 of the 1999 Constitution of the Federal Republic of Nigeria, all authorities and persons, including this Court, are expected to observe and ensure the compliance of order/judgments of the Court including High Court particularly orders/judgments that are in rem...An order of a competent Court of law, no matter its nature, is absolute and binding on all and sundry without question until it is legally and legitimately set aside by a competent Court of appellate jurisdiction. The fact of its being final or interim does not therefore affect its application and effectiveness. It remains valid and enforceable and must be obeyed”.

See also the cases of NGERE & ANOR v. OKURUKET & ORS (2014) LPELR-22883(SC); SHUGABA V. U.B.N. PLC (1999) LPELR – 3068 (SC); and, OBOH & ANOR V. NFL & ORS (2016) LPELR-50559 (CA).

THE LAW MUST BE VISITED ON THOSE WHO RESORTED TO SELF-HELP

I watched with dismay and disgust the act of certain LG officials who forcefully barged into the LG headquarters, attempting to reclaim office in the false and erroneous belief that the judgment of the Court of Appeal in the PDP case had re-instated them to their official positions, such was nothing short of brigandage and crude resort to self help. It must be condemned in the strongest terms and I so condemn it. It was selfish and uncalled for. In the same vein, all those who aided and abetted this democratic aberration must be fished out and charged before the law courts, however highly placed they are.

ANY AVAILABLE REMEDY?

My above take is not to say that there is no remedy available to the sacked officials; they still have a right of appeal to the Supreme Court in the APP case. But until the Supreme Court overturns the valid and subsisting judgment in rem of the FHC in the APP case, the said judgment remains binding on all parties.

The irresistible conclusion to be drawn from these events is that all LG offices across Osun State remain vacant and that the sacked APC officials cannot lay claim to the benefit of any judgement to occupy the council offices until they obtain a different outcome, if any, from the apex court. This is the LAW.

THE WAY FORWARD

To save themselves from needless orchestrated violence, all the political parties in Osun State should go for fresh polls and test their popularity in a free, fair and credible election. Politicians should leave the Judiciary alone by playing clean politics. As to the title of this piece, my humble submission is that the Judiciary was not in any way complicit in the Osun State LG imbroglio. Rather, it acted in good faith, striving fiercely to defend the rule of law and uphold electoral integrity.