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READ President Buhari’s Letter Refusing Assent to Electoral Act Amendment Bill

Electoral Bill

Nigeria’s President Muhammadu Buhari has rejected the Electoral Act 2010 Amendment Bill. The president’s bone of contention with the Senate is the sole recommendation of direct primaries to political parties for the selection of flagbearers.

In a letter addressed to the upper and lower legislative chamber and read at the Senate on Tuesday the 21st of December, the president listed his reasons for his decisions among which included that direct primaries would have serious adverse legal, financial, economic, and security consequences which the country was not prepared for in view of her peculiarities.

The president further explained in his letter dated 13th of December 2021 that he had come to the decision following review and advice from relevant Ministries, Departments, and Government Agencies.

Read Also: INEC, Civil Society Call For The Amendment Of Electoral Bill

Buhari also stated that the bill, which supports the electronic transmission of votes, would hamper citizens’ rights to participate in government.

The Presidents Letter Titled WITHHOLDING OF ASSENT TO ELECTORAL ACT (AMENDMENT) BILL 2021 Reads Thus;

Further to the letter dated 18th November, 2021 forwarded for Presidential assent, the Electoral Act (Amendment) Bill 2021 as passed by the National Assembly, I have received informed advice from relevant Ministries, Departments and Agencies of the Government, and have also carefully reviewed the Bill in light of the current realities prevalent in the Federal Republic of Nigeria in the circumstances.

Arising from the review, Mr. Senate President may wish to note that the conduct of elections for the nomination of party candidates solely via direct primaries as envisaged by the Electoral Act (Amendment) Bill 2021 has serious adverse legal, financial, economic and security consequences which cannot be accommodated at the moment considering our Nation’s peculiarities. It also has implications on the rights of citizens to participate in the government as constitutionally ensured.

The Electoral Act (Amendment) Bill 2021 seeks to amend certain provisions of the extant Electoral Act 2010. Part of the objective of the Bill is the amendment of the present Section 87 of the Electoral Act, 2010 to delete the provision for the conduct of indirect primaries in the nomination of party candidates such that party candidates can henceforth only emerge through direct primaries.

Arising from the review, Mr. Senate President may wish to particularly note the pertinent issues implicated as follows to wit:

The conduct of direct primaries across the 8,809 war the length and breadth of the country will lead to a significant spike in the cost of conducting primary elections by parties as well as increase in the cost of monitoring such elections by INEC who has to deploy monitors across these wards each time a party is to conduct direct primaries for the presidential, gubernatorial and legislative posts.

The addition of these costs with the already huge cost of conducting general elections will inevitably lead to huge financial burden on both the political parties, INEC and the economy in general at a time of dwindling revenues.

The indirect consequences of the issues of high cost and monetization are that it will raise financial crimes and constitute further strain on the economy. It will also stifle smaller parties without the enormous resources required to mobilise all party members for the primaries. This is not healthy for the sustenance of multi-party democracy in Nigeria.

In addition to increased costs identified above, conducting and monitoring primary elections across 8,809 wards will pose huge security challenges as the security agencies will also be overstretched, direct primaries will be open to participation from all and sundry and such large turn-out without effective security coordination will also engender intimidation and disruptions, thereby raising credibility issues for the outcomes of such elections.

The amendment as proposed is a violation of the underlying spirit of democracy which is characterized by freedom of choices.

Political party membership is a voluntary exercise of the constitutional right to freedom of association. Several millions of Nigerians are not card-carrying members of any political party.

Thus, the emphasis should be on enabling qualified Nigerians to vote for the candidate of their choice during general elections as a means of participation in governance and furtherance of the concept of universal adult suffrage or universal franchise.

The proposed amendment may also give rise to plethora of litigations based on diverse grounds and issues of Law including but not limited to the fact that the proposed amendment cannot work in retrospect given that the existing constitution of the Parties already registered with the Independent National Electoral Commission (INEC) permits direct, indirect and the consensus primaries. This real possibility, will, without doubt, truncate the electoral program of the Nation as another electoral exercise is imminent towards a change of Government in 2023.

Nigeria is at the moment still grappling with the issues of monetization of the political process and vote buying at both party and general elections. The direct implication of institutionalizing only direct primaries is the aggravation of over-monetization of the process as there will be much more people a contestant needs to reach out to thereby further fuelling corruption and abuse of office by incumbent contestants who may resort to public resources to satisfy the increased demands and logistics of winning party primaries.

Direct primaries are also subject or susceptible to manipulation or malpractices as most parties cannot boast of reliable and verified Membership Register or valid means of identification which therefore means non-members can be recruited to vote by wealthy contestants to influence the outcome. Rival parties can also conspire and mobilize people to vote against a good or popular candidate in a party during its primaries just to pave way for their own candidates. Whereas where voting is done by accredited delegates during indirect primaries, the above irregularities are not possible.

The major conclusions arrived at upon the review are highlighted hereunder, to wit:

Asides its serious adverse legal, financial, economic, and security consequences, the limitation or restriction of the nomination procedures available to political parties and their members constitutes an affront to the right to freedom of association. It is thus undemocratic to restrict the procedure or means of nomination of candidates by political parties, as it also amounts to undue interference in the affairs of political parties.

Indirect primaries or collegiate elections are part of internationally accepted electoral practices. More so, direct primaries are not free from manipulations and do not particularly guarantee the emergence of the will of the people especially in circumstances like ours where it is near impossible to sustain a workable implementation framework or structure thereof.

In the premise of the above, I hereby signify to the National Assembly that I am constrained to withhold assent to the Electoral Act (Amendment) Bill 2021 in line with the provisions of Section 58(1) & (4) of the 1999 Constitution (as amended).

It is my considered position that the political parties should be allowed to freely exercise right of choice in deciding which of direct or indirect primaries to adopt in the conduct of their primary elections as their respective realities may permit.

Many including Senators, Governors, and Stakeholders have openly lauded or opposed the president’s decision.

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EFCC Detains Former Governor Of Delta State Ifeanyi Okowa

okowa sacks Latimore Oghenesivbe

Operatives of the Economic and Financial Crimes Commission (EFCC) have detained a former governor of Delta State, Ifeanyi Okowa, for the alleged diversion of N1.3 trillion of the 13 percent derivation fund from the Federation Account between 2015 and 2023.

A source close to proceedings says that Mr Okowa was detained on Monday, 4 November, in Port Harcourt, Rivers State, when he reported at the Port Harcourt Directorate of the EFCC on the invitation of investigators handling his matter.

The former governor allegedly failed to account for the funds and another N40 billion he allegedly claimed to have used to acquire shares in the UTM Floating Liquefied Natural Gas.

Mr Okowa allegedly bought N40 billion worth of shares in one of the major banks in Nigeria, representing eight percent equity, to float the offshore LNG.

The funds were allegedly used for other purposes. The anti-graft agency is also investigating the former governor’s alleged diversion of funds to acquire estates in the nation’s capital, Abuja, and Asaba in Delta State.

He is being held at the EFCC holding facility in Port Harcourt.When contacted on Monday evening, the EFCC spokesperson, Dele Oyewale, confirmed Mr Okowa’s detention but declined to give details.

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400 Sex tapes of Equatorial Guinea Government Official Causes Ripples Across The Continent

Baltasar Ebang Engonga, a top government official in Equatorial Guinea, is at the center of a scandal causing ripples across the world. Engonga, who leads the National Agency for Financial Investigation (ANIF), is responsible for tackling financial crimes and corruption. But in a surprising twist, he’s now under fire for his involvement in an alleged sex tape scandal involving hundreds of private recordings.

According to reports, Engonga secretly recorded over 400 explicit videos that allegedly feature high-profile individuals and their family members, including some very close to Equatorial Guinea’s political elite. In the various tapes circulating online, Engonga is seen having sexual intercourse with various married women, including his brother’s wife, cousin, the Director General of Police’s wife, about 20 of the country’s ministers’ wives, and a sister of the President of Equatorial Guinea. According to reports, the 400 sex tapes were retrieved during an investigation of the official for alleged fraud and released online to the general public. The tapes show Engonga in places like his office, hotels, and toilets recording the act with the consent of his partners.

Engonga’s job is to lead investigations into financial misconduct (just like the EFCC boss does in Nigeria), but this scandal has nothing to do with his professional responsibilities. Instead, it focuses on his alleged private activities. Reports reveal that Engonga allegedly made secret recordings of intimate moments of those involved. To make things even more controversial, some of the tapes are said to involve his cousin and even the sister of President Teodoro Obiang Nguema Mbasogo.

This scandal has rocked Equatorial Guinea’s political circles, where privacy and loyalty are highly valued. Engonga is well-connected within the government and even has ties to the president, which makes these accusations especially shocking. Many people are now questioning the integrity of those in power, wondering if leaders who enforce laws and fight crime are also breaking ethical boundaries

For a country that’s already under international scrutiny for corruption, this scandal is drawing even more attention. Engonga’s role as head of the financial crime agency means he’s supposed to promote transparency and fight corruption. But with these allegations hanging over him, people are wondering if these values are genuinely upheld within the government or if it’s all just a front

This scandal goes even deeper. Engonga was initially under investigation for corruption. Authorities claim he redirected approximately 1,223 million CFA francs (about $2 million) of state funds into his personal accounts during his leadership at ANIF. This led to asset seizures and his initial arrest. But it was during this financial probe that officials stumbled upon the tapes on his computer, revealing another layer of Engonga’s controversial lifestyle.

The Attorney General’s Office, led by Anatolio Nzang Nguema, is now fully investigating the case against Baltasar Ebang Engonga. This isn’t just about the tapes themselves, the authorities are also examining whether Engonga may have exposed others to health risks by potentially spreading sexually transmitted infections (STIs). According to sources, Engonga could face serious charges for “endangering public health” if it’s proven that he knowingly put others at risk.

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Court Siezes $2.04m worth of properties linked to Emefiele

On Friday, a Federal High Court in Lagos ordered a final forfeiture of 2.04 million dollars, linked to the suspended Central Bank Governor, Godwin Emefiele. Justice Isaac Dipeolu also ordered the final forfeiture of landed properties and share certificates of Queensdorf Global Fund Ltd Trust, all linked to Emefiele. The court made the final orders of forfeiture, after holding that the former CBN governor or any other interested party did not contest the same after an earlier interim forfeiture order

The court held that the respondent could not connect his lawful earnings from Zenith Bank and the CBN to the acquisition of the properties. The Economic and Financial Crimes Commission (EFCC) counsel, Rotimi Oyedepo (SAN) had by a motion on August 15, sought an order to forfeit the properties on grounds that they were reasonably suspected to be proceeds of unlawful activities.

Oyedepo had added that the orders sought were under Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act 2006, Section 44 (2)(b) of the 1999 Constitution of the Federal Republic of Nigeria and the court’s inherent jurisdiction.

The court had granted the interim order of forfeiture on the properties and had adjourned for any interested party to appear in court and show cause. In its ruling on Friday, the court held that the respondent failed to provide documents or links to show that he owned the properties.

The court held that the conclusion that can be deduced is that there must be something dark about the acquisition of the properties, which the respondent and the companies do not want to come to light.

The judge consequently, held that “the interested party has failed to demonstrate any lawful interest in the properties and that they were acquired from his legitimate earnings”.

“I, therefore order the final forfeiture to the Federal Government of Nigeria, of all those properties, which are reasonably suspected to have been acquired with proceeds of unlawful activities”.

The properties are two fully detached duplexes of identical structures, lying and situated at No. 17b Hakeem Odumosu Street, Lekki Phase 1, Lagos

An undeveloped land, measuring 1919.592sqm at Oyinkan Abayomi Drive Ikoyi, Lagos; a bungalow at No. 65a Oyinkan Abayomi Drive, Ikoyi, Lagos and a four-bedroom duplex at 12a Probyn Road, Ikoyi.”

Others are an industrial complex under construction, 22 plots of land in Agbor, Delta State; eight units of an undetached apartment at No. 8a Adekunle Lawal Road, Ikoyi, and a full duplex together with all its appurtenances on a plot of land at 2a Bank Road, Ikoyi, Lagos

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