Kogi East; Legal Icon,Abadaki Bares His Mind On Appeal Court Ruling,Lack Of Jurisdiction

By Yusuf Abubakar

A Notary Public and Constitutional lawyer,Abadaki Obin has reacted to the ruling of the Appeal court that declined jurisdiction over kogi east senate,as a decision in retrospect


The legal luminary avered that there was no point of law that allowed a reverse gear on issues that boarders on constitutional matters, particularly when a law exists before an amendment,even though the Appeal Court panel decided otherwise,the Apex court will need to see more to the legal implications of the whole issue

 He hinged his position that"the amended constitution is never applicable to this case, on the ground that ;
(a)"As at the time the course of action  arose, (that is, at the time the incidence of the primary election took place,)2014, the amended section 285(12)was not in force.

(b) "Consequently, section 285(12)which came into force on1/6/2018 has no legal effect on your case that arose sometimes in 2014", and similarly,


(c)"Section 285(12)has no retrospective effect on issues or course of action that gave rise to your case".


(d) "It is again trite law that the applicable laws to every matter is the prevailing law in force at the time the course of action arose ,and not any other subsequent law, or amended law thereafter".


(e)"In the light of the above, the  court of Appeal acted in fatal error when the Justices applied s.285(12),and thereby struck out your appeal..


(f) "Relevant authorities are available,
7.the court of Appeal error is fatal and crucial to the judgement"

Lawyers of AM isaac Alfa led by Rueben Egwuaba relied on oral application of amendment of 285(12),to argue his matter as first respondent,that says

Subsection 12 (285)

"An appeal from a decision of a court on a pre-election matter shall be had and disposed of within 60 days from the date of filing of the appeal"

While the Appelant lawyer's,P.I.N. Ikwueator(SAN), and PDP lawyers led by Orih Odumogu canvassed strongly on 285(10),Court Of Appeal Act(2010 Amendment),Rule 15 under General Powers of the Court Of Appeal that says


Subsection 10(285)

"A court in every pre-election matter shall deliver its judgement within 180 days from the date of filing of the suit"

And

Court of Appeal Act  (2010 Amendments) 15

 "The court of appeal may ,from time to time, make any order neccessary for determining the real question in controversy in the appeal, and may amend any defect or error in the record of appeal,and may direct the court below to inquire into and certify its finding or any question which the court of appeal thinks fit to determime before final judgemet in the appeal,and may make interim order or grant any injunction which the court below is  authorised to make or grant or may direct any neccessary inquiries or accounts to be made or taken,and,generally shall have full jurisdiction over the whole proceedings as if the proceedings had been instituted in the court of Appeal as court of first instance and may rehear the case in whole or in part or may remit to the court below for the purpose of such re-hearing or may give such order or directions as to the manner in which court below shall deal with the case in accordance with the powers of that court,or in the case of an appeal from the court below,in that court's appellate jurisdiction,order the case to be re-heard by a court of competent jurisdiction"

Another dimension that would have added impetus to the controversial ruling if argument was allowed to fly, is the provision of section 285(8), of the same amedment that argued inter alia

"Alteration of section 285 of the constitution
Section 285 of the Principal act further altered by-

8 (a) Substituting for the marginal note,a new "marginal note"

"Time for determination of pre-election matters,establishmemt of Election tribunals,and time for determination of election petitions

(b)Substituting for subsection(8), a new section "(8)"

."Where a preliminary objection or any other interlocutory issue touching on the jurisdiction of the tribunal or court in any pre-election matter or on the competence of the petition itself is raised by a party,the tribunal or court shall suspend its ruling and deliver it at the stage of final judgment" and

(c) inserting,after subsection(8),new subsections"(9)"...."(14)"

With all these provisions in the amedment act and the Appeal Court act,the court had inherent power to entertain the case rather than feign jurisdiction as leeway to further the political logjam in kogi east

The Supreme Court reserved the right to arrive at a point of law, or as a matter of exigency in the public interest as the contending tenure expired in June 2019,and another primaries for 2019 elections had been concluded

Senator Atai Aidoko Ali has since appeal the case to the Supreme Court through his legal counsels

Biafra: Arewa youths vow to stop Atiku over alliance with Fani-Kayode, Nnamdi Kanu to destabilize Nigeria

By Dansu Peter

The Arewa Youth Integrity Forum (AYIF) has frowned at the ‘unholy romance’ between the Peoples Democratic Party’s presidential candidate, Atiku Abubakar and former Minister of Aviation, Femi Fani-Kayode as well as leader of the outlawed Indigenous People of Biafra, IPOB, Nnamdi Kanu.

The youth group vowed to stop Atiku because his alliance with the Fani-Kayode and the pro-Biafra group leader would destabilize Nigeria.

Recall that Kanu, who went missing since September following the invasion of his house by troops of the Operation Python Dance, was spotted in Jerusalem, Israel praying at the Wailing Wall.

Kanu is billed to address his supporters today.

Few minutes after his reappearance, Fani-Kayode, a chieftain of the PDP took to his Twitter handle to announce that he spoke with Kanu and he had agreed to work with the PDP to oust President Muhammadu Buhari in 2019.

Reacting to the development, Adamu Adamu, the National President of AYIF, said Atiku would lose support of northern youths if he failed to distance himself from the union.

Adamu wondered why Atiku, who is eyeing the nation’s number one seat could get the support of an outlawed orgnisation like IPOB or its leader who has been declared wanted by the Nigerian security operatives.


According to him, “AYIF has followed with concerns the reappearance of the wanted leader of the terrorist Indigenous People of Biafra (IPOB), Nnamdi Kanu and the invitation to anarchy by one of those standing trial for corruption, Femi Fani-Kayode (FFK), who disclosed that Kanu has agreed to work for the People’s Democratic Party (PDP) in the forthcoming elections.

“We find it odd that Fani-Kayod, who had alleged a military abduction and assassination of Nnamdi Kanu did not deem it proper to apologise to Nigerians for his lies but simply pretended as if he never made such outlandish claims and switched to talking political alliance.

“His lies about the “Hausa/Fulani imperialists” killing Kanu had placed the lives of persons of these ethnicities at risk while also pushing the entire country to the edge of a meltdown. His lack of remorse shows that it is something he will attempt again in no distant time.
“AYIF further reminds Nigerians that prior to jumping bail, Kanu, with his followers, had consistently referred to Nigeria as a zoo and the citizens as animals that do not deserve to live. His inflammatory provocations got to a point where Nigerians were angered to a point of issuing quit notices against each other along ethnic lines even as Kanu’s IPOB continued to call for the disintegration of the country.

“It, therefore, borders on insanity for the same Kanu to reappear today and be declaring to be part of the nation’s political process without first renouncing his separatist stance and demand for violence against Hausa/Fulani.

“The hatred of the two men against Hausa/Fulani remains evident from the comments of their followers on online platforms and there is no proof they have tried to call their radicalized followers to order.

“We recognize that Fani-Kayode and Kanu are running their personal battles against substance abuse but our empathy cannot extend to the willful choice to demonize other ethnic groups and call for violence against them. The alliance they are talking about is nothing but trying to create a publicly acceptable platform for their hate mongering. They have nothing good to offer Nigerians.

“Ordinarily, the alliance between the duo do not bother us in the least since the leading candidates in the race for presidency are from the north; but we find it repulsive that men who have not properly proven themselves as being free of mental illness are jostling to take leading role in how Nigerians decide.

“One of them is standing trial for treason and the other is on trial for capital corruption so they have the incentives to deliberately cause provocations that will destroy the country and ensure that Nigeria no longer exists as a country to conclude their trial.

“We, therefore, warn the PDP presidential candidate, Alhaji Atiku Abubakar that he risks losing the support of Arewa if he associates his campaign with Femi Fani-Kayode and Nnamdi Kanu, who have both repeatedly declared their disdain and hatred for Nigerians from the northern parts of the country.


“We find it abominable that Fani-Kayode who sees Arewa as a plague and Kanu that sees us as animals can today be attempting to hitch a ride on Atiku Abubakar’s PDP ticket when they still hold steadfastly to their genocidal views against Hausa/Fulani. If they successfully hitch the ride they seek then we will rather mobilize for the person the PDP is seeking to unseat.

“Alhaji Atiku Abubakar and the PDP must immediately formally distance themselves from FFK and Kanu failing which AYIF will be compelled to mobilize other Arewa youth groups to express their displeasure with the PDP. The dissociation from this duo include restricting them from making any statement whatsoever on behalf of Alhaji Abubakar or the PDP presidential campaign. We do not envisage that the party has anything to lose because four years ago when Fani-Kayode was serving as PDP Chief media strategist his only strategy was to alleged that the then candidate Muhammadu Buhari will die but not only did he win the election but has remained alive.”