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Amid EFCC Probe, Obiano To Relocate To US After Tenure

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EFCC Seizes Passport, Releases Obiano

Anambra State Governor Willie Obiano is currently out of Nigeria and he plans to relocate to the United States after handover, according to his Information and Public Enlightenment Commissioner Don Adinuba.

The commissioner lambasted the Economic and Financial Crimes Commission for what he described as media trial of his boss.

According to Adinuba, the EFCC has not served the governor any notice or invited him to answer for any corruption-related offences yet the anti-graft agency clandestinely announced that it has placed the out-going governor of the state on its watch list.

Recall that in a letter to the Comptroller-General of the Nigeria Immigration Service dated November 15, 2021, the EFCC requested the service to place the governor on a watch list and inform it anytime he is travelling out of the country from any of the international airports and other points of entry and exit.

But Adinuba said the EFCC is being used by politicians who lost the Anambra governorship election to Obiano’s All Progressives Grand Alliance.

In a statement titled, ‘EFFC’s Inelegant Drama over Anambra Governor’, the commissioner described the move by the EFCC as politically motivated.

The statement read in part, “The EFCC knows fully well that it is acting inelegantly in this instance, and so has tried as much as possible not to make an official public statement on the alleged placing of Chief Obiano on the watch list. It furtively gave a section of the media the news report it wrote based on ostensibly its letter to the NIS on November 15.

“Governor Obiano is out of the country currently. And he travelled through one of the country’s international airports. He did not disguise himself, but rather left the country with his identity fully disclosed at the necessary immigration point.

“The EFCC sounded more inelegant when it claimed in the sponsored press report that it received intelligence reports that the governor plans to ‘flee’ from Nigeria once he hands over power next March 17 to the newly elected Anambra State governor, Professor Charles Chukwuma Soludo. Chief Obiano has never left any persons in doubt that he will relocate to his base in the United States once he finishes his tenure. As early as Wednesday, March 4, 2020, he announced his decision to a meeting of the Anambra State Council of Elders.”

“It is, indeed strange that the EFCC is making a show that it is investigating a high public officer. Anti-corruption agencies, like intelligence services, conduct their investigations discreetly, and not on pages of newspapers. Media trial has never benefitted the EFCC.

READ ALSO: APC Vows To Go To Court, Accuses Obiano, Soludo, INEC Of Rigging Anambra Poll

“The whole nation knows those behind all the present histrionics about Obiano. They are those who didn’t want the November 6 election to hold. They are those in high places who unsuccessfully canvassed for emergency rule in Anambra supposedly on security grounds. They are those who masterminded the Birnin Kudu High Court charade in Jigawa State over the APGA leadership and, more importantly, the authentic APGA candidate in the November gubernatorial election in Anambra State.

“They are those responsible for the sacrilege of a customary court in Abuja issuing criminal summons to Professor Soludo, a former Central Bank of Nigeria governor. These people are still fighting the gubernatorial battle on behalf of their badly defeated friends and political associates in the Anambra vote. They will fail badly, as they have done in the recent past.

“The EFCC should not allow itself to be used by politicians who are mere birds of passage. Its ongoing Anambra drama is in bad taste. It did not serve Governor Obiano any notice. Nor did it invite him to answer questions about his service record. It just went to the press. Yet, the governor is willing to answer any questions about his years in office,” the statement added.

 

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CAN, Churches Defeat Govt Over CAMA Act

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Emefiele Sick, Can't Meet With Reps - CBN
President Buhari

It was victory for the Christian Association of Nigeria (CAN) and churches under it as a Federal High Court, Abuja, on Tuesday, stopped the Corporate Affairs Commission (CAC) from suspending or appointing their trustees.

Justice Inyang Ekwo, in a judgment, held that the provisions of Sections 17 (1), 839 (1) and (7) (a), 842 (1) and (2), 851 and 854 of the Companies and Allied Matters Act (CAMA), 2020 and Regulations 28, 29 and 30 of the Companies Regulations (CR), 2021 were not applicable to CAN and the churches, including mosques, as a religious body.

The News Agency of Nigeria (NAN) reports that the Registered Trustees of CAN, in the originating summons marked: FHC/ABJ/CS/84/2022 field by Joe Gadzama, SAN, had sued the CAC and the Minister of Industry, Trade and Investment as 1st and 2nd defendants respectively.

The plaintiff, in the suit, had posed five questions for determination.

CAN had asked the court to determine that whether Section 839, Subsections (1), (7) (a) and (10) of the CAMA, 2020 and regulations 28 – 30 of the CR, 2021 are inconsistent with Sections 4 (8), 6 (6) (b) and 40 of the 1999 Constitution (as amended) which guarantees the its right to freedom of association and the right to seek redress in court, among others.

It, therefore, sought 13 reliefs which include a declaration that Section 839 (1), (7) (a) and (10) of the CAMA and Sections 28 – 30 of the CR are inconsistent with |Section 40 of the 1999 Constitution, and thus unconstitutional, null and void.

“An order striking down Sections 839(1), (7) (a) and (10), 842(1) and (2), 843, 851 and 854 of the CAMA for being unconstitutional.

“A declaration that Section 17(2) (a) and (d) of the CAMA demand an impossible and impracticable action; thus, void and for being impracticable and unknown to Law.”

CAN also prayed for an order of perpetual injunction restraining and barring the defendants from taking any step to give effect to the provisions of Sections 17(2) (a) and (d), 839(1), 842(1) and (2), 842(1) and (2), 842, 843, 851 and 854 of the CAMA against it as mentioned in Article 4 of its constitution, to prevent further contravention of the provisions of Sections 4(8), 6(6)(b), 251(1)(e) and 251(3) of the 1999 Constitution.

It argued if CAC was allowed to suspend its trustees and appoint interim managers to manage its affairs, it would be usurping its powers under the constitution and the powers of the standing committee and the plenary session which would not be in line with the constitution.

Delivering the judgment, Justice Ekwo said that the CAC did not controvert the averment of CAN that it was constituted by the churches.

“It is settled law that averments without contradicting evidence or averments are deemed admitted.

“There is a need at this point to define what a church is in order to see how applicable the provisions of the CAMA 2020 can be applicable to it,” he said.

Citing a previous case, the judge said “a church in its true definition is the body of Christ. One person cannot constitute the body of Christ; it connotes a congregation, an assembly of people. An individual cannot own a church. A church property must be the collective responsibility of all the members.”

He said the summary of the above was that “the church is an ecclesiastical being.

“Each church is characterised by its distinct dogma or creed and same for each congregation and denomination that constitute the church.

“It is on this ground that it is impossible for one church to be administered by another church and the church being what it is for the soul of man, the doctrinal distinctness and difference must be respected by the authorities within and without.

“This being so, it is then impracticable for the church or a denomination thereof to be administered by secular arrangement such as interim manager or managers stated in

Section 839 of the CAMA 2020 or any other arrangement put in place by the CAMA which does not take into account the doctrinal composition of the church.

“It is also my opinion that to suspend the trustees and appoint an interim manager or managers to manage the affairs of the church will conflict with the sacerdotal order of its divine administration and desecrate same.”

Justice Ekwo, who observed that the Minister of Trade (2nd defendant) neither filed any application nor represented in court despite being served by the plaintiff, held that the effect of the failure of a defendant to file pleadings is that the assertions of the claimant stands unchallenged and are deemed admitted and established.

According to him, therefore, the case of the plaintiff succeeds on the merit.

The judge, consequently, made a seven declarations, which include a declaration that Section 839 (1), (7) (a) and (10) of the CAMA 2020 and Regulations 28, 29 and 30 of the CR , 2021 are not applicable to religious organisation as CAN and the churches as they violated the right to worship guaranteed by Section 40 of the 1999 Constitution (as amended).

He also made an order of perpetual Injunction, “restraining the defendants from taking any step to give effect to or implementing and/or continuing with any act to implement the provisions of Sections 839 (1), 842 (1) and (2), 842, 843, 851 and 854 of the CAMA 2020.

Justice Ekwo, however, did not make the generic order striking down the sections of the CAMA 2020 as prayed by the plaintiff.

He said such an order would affect other bodies and organisations registered under Part F of the Act.

“These provisions are applicable in respect of the administration, supervision and regulation of other bodies like company, limited liability partnership, business name or incorporated trustee registered for other purposes stated in Section 823 (1) of the CAMA 2020.

“The court is also unable to strike down the provision of Section 17 (2) (a) and (d) of the CAMA 2020 which provides for mandatory pre-action notice to the 1st defendant, as prayed, as the practicability of compliance with such provision depends on the circumstance of each case thereby affected,” he said.

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BREAKING:Confusion As INEC Rejects Irregular Votes In Abia, Enugu Governorship Election Results

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INEC Chairman Mahmood Yakubu

There is confusion over the governorship election results of Enugu and Abia States as the Independent National Electoral Commission (INEC) has rejected some votes it considered irregular.

The Labour Party agents and governorship candidate in Enugu State opposed results collation of Nkanu East council, claiming that the votes were padded.

This was as political thugs reportedly disrupted collation of results in Obingwa council area of Abia State.

These have led to the suspension of the exercise by the electoral umpire on Sunday in the two states.

An INEC official said that the commission had rejected the allegedly padded results after a careful review of the exercise on Tuesday, and wanted the right things to be done.

“For Abia State, INEC ordered that the results should be announced based on the accredited voters,” the source said.

On Enugu’s case, the commission according to the source has similarly ordered the review of the results of the Enugu State Governorship Election of last Saturday.

The collation was suspended following controversy over the alleged padding of results from Nkanu East Council, which returned over 30,000 votes in favour of Peoples Democratic Party candidate, Mr Peter Mbah, while only about 7,000 voters were accredited in the area by the Bimodal Voter Accreditation System (BVAS).

The suspension of the announcement of results of Abia and Enugu gubernatorial elections had heightened tension in the two states.

The supporters of PDP’s Mbah have been calling on INEC to announce the results that had been collated and declare their candidate the winner, saying those who opposed the result should go to court.

In Abia, Dr Alex Otti of the Labour Party had won a total of 10 out of the 16 Local Government Area results so far declared by INEC, while his counterpart in Enugu, Hon Chijioke Edeoga, has won nine local governments and is currently in the lead in the state.

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Why We Won’t Congratulate Oborevwori On Delta Gubernatorial Victory – Deta APC

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URS Congratulates Omo-Agege, Oborevwori On Becoming Governorship Candidates
Omo-Agege and Oborevwori

The Delta All Progressives Congress, (APC), Campaign Council will not congratulate Sheriff Oborevwori on his winning the state gubernatorial election.

To the APC, Oborevwori’s victory at the gubernatorial election held on 18 March, as announced by the Independent National Electoral Commission (INEC) is false and thus it stands rejected.

In a statement, Director, Communications and Media Strategy of the council, Ima Niboro, said that Oborevwori’s victory would be overturned by the sheer weight of evidence against it.

The candidate of the PDP, Sheriff Oborevwori, was on Monday, declared winner of the election by INEC.

Mr Oborevwori polled a total of 360,234 votes to defeat his closest opponent, Ovie Omo-Agege of the APC who scored 240,229 votes.

The APC campaign council said it has evidence that the process was characterised by irregularities and that the people of the state were denied the right to freely expressed their will.

“We have an entire arsenal of evidence showing the disenfranchisement of the people, non use of, and tampering with BVAS machines, declaring double results at polling units, issuing of fake result sheets to agents and uploading cooked up results into the BVAS.

“We also have evidence of widespread vote suppression, voter intimidation, thuggery and violence against our supporters. The PDP was at its worst during the election: wickedly denying the people of their will freely expressed at the polls.

“Look at the streets of Delta today. It is gloom everywhere. Our people are wearing long, mournful faces. No sign of jubilation anywhere. Our streets would have been throbbing with life, song and dance, were this the will of the people.This rape of the will of the people will not stand. It must not be allowed to stand,” it said

“We call on our party faithful and supporters to remain calm. Weeping may endure for the night, but joy cometh in the morning,” it said.

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