By Bwala Daniel
WHETHER A SERVING YOUTH CORP MEMBER CAN BE A MINISTER
In the case of MODIBO v. USMAN & Ors (2019) LPELR-59096 (SC) where the appellant contested and won election into the House of Representatives while he was undergoing the national youth service. The Federal High Court ruled that a youth corps member was not qualified to contest election in Nigeria. The Court of Appeal set aside the judgment on the ground that a youth corps member is not constitutionally disqualified from contesting election.
But the Supreme Court held that the Court of Appeal erred in law and proceeded to affirm the decision of the trial court. In the leading judgment of the Supreme Court in Modibbo v Usman, Eko JSC stated inter alia: “It appears that the lower court had suggested quite obliquely that the appellant, an undoubted NYSC member and indeed any NYSC member, could combine the full time activities as a member of the House of Representatives. That to me appears absurd. The lower court failed to be guided by the overall public policy in the National Youth Service Act.
Neither the lower court nor the appellant satisfactorily addressed the point raised by the trial court and the 1st Respondent/cross appellant that public policy “under National Youth Service Corps (NYSC scheme and the Bye-Law (Revised) 2011 made pursuant to the NYSC Act forbids a corps member from going into politics” or holding a partisan political appointment.”
In his contribution to the leading judgment, Okoro JSC had this to say; “Also, it is not in dispute that the appellant was still a serving corps member at the time he contested and “won” the primary election. This was a clear violation of section 2 (1) and (3) of the National Youth Service Corps Act and section 4 (9) of the National Youth Service Corps Bye-Laws (Revised 2011). The court below was wrong to suggest that the appellant could combine full time activities as a member of the House of Representatives with his primary assignment as a Corps member.
By virtue of section 2 of the NYSC Act, a person called upon to serve in the service Corps is under an obligation to serve for a continuous period of one year from the date specified in the call-up letter. Section 4 (9) of the NYSC Bye Laws (Revised 2011) provides as follows: Every member shall “Not take part in partisan politics. Any member who takes part in partisan politics is liable to extension of service for a period not less than three (3) months without pay.’
By section 13 (i) (3) and (5) of the NYSC Act, it is an offence not to make oneself available for the service for a continuous period of one year as prescribed in section 2 of the Act. The section also prescribes punishment for an employer which aids or abets a Corps member to contravene the provisions of the Act.
It is instructive to note that the National Youth Service Corps Decree has been validated by section 315 (5) of the 1999 Constitution. The appellant could therefore not be eligible to contest the said primary election while still undergoing the compulsory one year service period. The law will not allow the appellant in this appeal to benefit from his wrongful act. See Solanke v Abed (1962) 1 SCNLR 37.”
Having been proved to have contravened some provisions of the National Youth Service Act and Bye-Laws, Augie JSC said: “With a prison sentence hanging over his head, if he refuses to make himself available for his NYSC, the appellant cannot be a member of the House of Representative and Youth Corper at the same time.”
REMEMBER UMDER OUR LAW, THE QUALIFICATION TO BE A MINISTER IS THE SAME AS THE QUALIFICATION TO BE A HOUSE OF REPRESENTATIVES MEMBER.
August 30, 2023
Press Statement
PDP to Gov. Uzodimma, APC: Your Attacks on Imo Citizens Cannot Stop Your Defeat
…Lampoons APC for Renting Crowd for Dep. Gov Candidate’s Unveiling
The Peoples Democratic Party (PDP) in very strong terms condemns the recourse to violence, smear campaign and propaganda by the embattled Governor Hope Uzodimma-led All Progressives Congress (APC) administration against the people of Imo State.
It is clear that Governor Uzodimma and the APC-administration in Imo State are in mortal fear of imminent defeat by the PDP, having become overwhelmed by the towering popularity of our Governorship Candidate, Senator Samuel Anyanwu and Deputy Governorship Candidate, Hon. Jones Onyereri across the State ahead of the November 11, 2023 Governorship election.
The APC is frustrated by the open rejection of Governor Uzodimma by majority of the people of Imo State due to his abysmal failure in office, the excruciating economic hardship and mindless killing of thousands of innocent Imo citizens under his horrifying watch.
Having realized that there is no way Governor Uzodimma can win in a peaceful, free and fair election, the APC has resorted to deploying instrument of State power to hound and harass opposition voices in the State.
APC’s sinister approach of attacking the people of Imo State is apparently to heighten the already tensed security situation in the State, instill fear in the people, prevent them from coming out to exercise their democratic right to vote, with the intention to creating an enabling situation for the APC to rig the election.
Such nefarious scheme by the APC apparently informed the vicious invasion and demolition of part of the All Seasons Hotel, Owerri; an attack intended to cow the people of Imo State and subdue their resolve to rescue the State from the stranglehold of the APC.
Nigerians can also recall how, earlier this month, the APC administration in Imo State attempted to arrest and put the PDP Deputy Governorship Candidate, Dr. Onyereri out of circulation under false labelling and trumped-up charges.
The overwhelming solidarity by Ndi Imo, who stood behind Dr. Onyereri in resistance to the APC plot was a clear signal that the Will of the people, particularly in this election, cannot be subdued.
Recently, the people of Imo State openly demonstrated their rejection of the APC and Governor Uzodimma by refusing to turn out for the unveiling of the APC Deputy Governorship Candidate; a situation that forced the APC to rent a motely and disorganized crowd from neighbouring States for the event.
Ostensibly dispirited, Governor Uzodimma, rather than focusing on the unveiling ceremony further exposed his frustration by remaining fixated on the popularity of the PDP candidate, Senator Anyanwu during the event.
The PDP in clear terms, cautions the APC to know that it is fighting a lost battle and that Imo people are bigger than any individual or group. From history, the people of Imo State have never and will never succumb to tyranny.
Governor Uzodimma knows that he had never won any election in Imo State. He and the APC should therefore come to terms with the reality of their rejection in this election. No amount of violence, inducement, intimidation and harassment can subdue the Will of the people of Imo State in their resolve to take back and Make their State Safe and prosperous again on the platform of the PDP.
Signed:
Hon. Debo Ologunagba
National Publicity Secretary
Chairman PDP Special National Publicity Committee
for Imo, Bayelsa and Kogi Governorship Elections.
South-South women call NDWL officials, Timi Frank idle talkers, bunch of worthless wimps
- Praise Akpabio
South-South women on Sunday criticized calls for the Senate President, Godswill Akpabio to resign.
They also described the Niger Delta Women League (NDWL), former Deputy National Spokesman of the All Progressives Congress (APC), Mr Timi Frank and other critics of the Senate President as idle talkers and a bunch of worthless wimps.
‘’We must speak out for reason and balance. Anyone taking a thoroughly objective look at the views of the Niger Delta Women League (NDWL) has to be dismayed and shocked. All sense of logic and balance has been lost’’.
A statement issued in Port Harcourt by the South-South Women Vanguard (SSWV) applauded Akpabio for working towards the common good of the country, putting Nigeria in the right perspective and placing the interests of Nigeria ahead of his own.
‘’Senate President Godswill Akpabio is dedicated, honest and devoutly religious. He understands the country’s problems, has a good grasp of what needs to be done to resolve them and is working to make the necessary changes. Nigerians are turning to him to solve their problems’’.
The women hailed Akpabio for his morals, values and respect for Nigerians, particularly his colleagues.
‘’Desire for perverted materialism and government hand-outs are the two things motivating some traitorous individuals and groups in the country’’ the statement said.
The statement signed by Dr Margaret Ani underscored strong leadership, Akpabio’s hatred for greed and corruption.
The highly respected women in the zone described calls for Akpabio’s resignation by Niger Delta Women League (NDWL), former Deputy National Spokesman of the All Progressives Congress (APC), Mr Timi Frank and other individuals as foolish.
‘’Senator Godswill Akpabio is the epitome of success and a stumbling block to the plans of self-interest groups’’ the statement added.
Okumagba apologizes after comments on Uduaghan, Warri land
A member of the Okumagba Royal Family in Delta State, Prince Louis Okumagba, on Monday apologized to the Alema of Warri Kingdom, Chief Emmanuel Oritsejolomi Uduaghan, for his comments on Warri land.
‘’I sincerely apologise for dragging the name of the Alema of Warri Kingdom, Chief Emmanuel Oritsejolomi Uduaghan, in the mud’’ Louis Okumagba said in a statement entitled ‘’Okumagba: Warri Land Scandal’’.
Louis Okumagba said he was sorry for his comments.
‘’Everything I earlier mentioned is false and untrue. I regret any embarrassment I might have caused him. I hereby undertake never to bring his name to disrepute’’ the statement said.
Last year, key families in Okere-Urhobo took steps to foil the divisive and land grabbing plan of Louis Okumagba.
They also urged the good people of Delta State and the general public to completely discountenance the false publication by Louis Okumagba.
Heads and members of the Olodi, Oki and Ighogbadu families of Okere-Urhobo of Warri South spoke on prejudices of some local and foreign publishers on the land opposite Don Domingo College, Warri.
Chief Gideon Okumagba, a representative of the three families, read the statement of the royal families aloud to newsmen.
The families accused Louis Okumagba of distortion and inciting fear in Delta State.
‘’The families of Olodi, Oki and Ighogbadu collectively owned landed properties in Warri’’
The Okere-Urhobo leaders said the land was acquired by the defunct Bendel State Government.
‘’The families are represented by Heads of the Kindred family and are the original owners of the land until it was acquired by the then Bendel State Government. The families currently have their administrative office at No 60 Okumagba Avenue Warri where they meet frequently to deal with issues on family lands and other related family matters’’
They offered an itemized and caustic indictment of Louis Okumagba’s behavior in Warri South.
‘’As one of the elders in the family, specifically as related to the false claims by Louis Okumagba, I am well abreast of the issues raised in that publication. The good people of Warri are not in any war or in a battle over the landed property opposite Don Domingo College, Warri, and it is very shameful that the said Louis is trying to incite tribal/ethnic battle in that publication’’.
They promised to file a libel suit against individuals and organizations publishing Louis Okumagba’s false narrative.
‘’It is not true that the Alema of Warri Kingdom, High Chief Emmanuel Oritsejolomi Uduaghan, used officials of the Delta State Government to intimidate and arrest Louis Okumagba. To be candid, it was Chief Gideon Okumagba that reported his criminal extortion of money from developers to the Police Area Commander Office in Warri’’.
The statement emphasized how the matter was dragged to the office of the Inspector General of Police Abuja.
Particularly, the families accused Louis Okumagba of trying to sow discord amongst Deltans through falsehood.
‘’Louis Okumagba claimed that he has been in the forefront of the land in dispute is false and misrepresentation of facts. The land was acquired by the then Bendel state for public purposes. The Delta State government has since done the needful by releasing/returning parts of the land to the Olodi, Oki and lghogbadu families who are the rightful owners. 4.6 hectares of land was released to the family on the 26 day of June 1988 and another part of the unused land was released to the Olodi, Oki and 1ghogbadu families on the 14 of January 2000. Also, the Olodi, Oki and Ighogbadu families have an agreement with the Government of Delta State over the remaining parts of the land’’
The families told news men there was zero evidence for Louis Okumagba claims of land grabbing.
‘To be more specific, the remaining portion of the land was released to Seriviri Nigeria Limited wherein Chief Emmanuel Oritsejolomi Uduaghan is one of the directors of that company and the said company also have an agreement with the families and half of the land was released to the families. Indeed, the three families benefited from the land including Louis Okumagba ’’.
They scolded Louis Okumagba for rendering a real disservice.
‘’There was never any consultation by Louis Okumagba with the well-known families of Olodi, Oki and Ighogbadu before that Publication was made by him. It’s a futile attempt to incite the Urhobo and Itsekiri into a needless bickering. There is no dispute as far as the land in this narrative is concerned. The said Louis should avail himself to enable the police conclude their investigation in the crime levied against him. The land in question belongs to the Olodi, Oki and lghogbadu families of Okere-Urhobo and he should stop spreading false claims and division among the families and tribes in Delta State. If there are disputes in any land owned by these families, it is the heads and members of the family who will collectively decide to institute an action in court’’,
The notable families also condemned the role of Chief Louis Okumagba in the 30 plots released to the Olodi, Oki and Ighogbadu families of Warri in the Okere – Urhobo kingdom of Delta State.
They described it as a negative development and a minus for peace and development in Delta State.
In a letter titled: ‘’Attempt / efforts to cause communal war, fanning embers of communal dispute, conduct likely to cause breach of peace and criminal defamation of characters of our clients; Olodi, Oki and Ighogbadu families of Warri in the Okere – Urhobo kingdom of Delta State, all committed by Mr. Louis Okumagba – a call to investigate the allegation herein, the families urged the Inspector General of Police to investigate allegations against Louis Okumagba, so as to prevent a monumental communal war/crisis between Itsekiri and the Urhobo of Okere Urhobo Kingdom.
’’God forbid a repetition of what happened in 1997/98 in Okere-Urhobo Kingdom’’
Counsel to the Olodi, Oki and Ighogbadu families of Warri in the Okere – Urhobo Kingdom, L O. Egboyi & CO said in the 1974/76, the then government acquired a part or portion of our client’s land for public purpose.
‘’In 2017, the Delta State government gave part of this acquired land to Messrs. Seriviri Nig. Ltd. for the purpose of partnership (Leisure Park) with the state government, covered by a certificate of Occupancy. Considering the size of the land given to Seriviri Nig. Ltd, for the partnership, it could not utilize the entire land. So, it entered into agreement with our client family, wherein, it released 30 plots thereof back to the family – our clients’’
The Olodi, Oki and Ighogbadu families of Warri are made up of the popular Okumagba family of Warri, Okere- Urhobo kingdom.
‘’Our clients are the owners of all the land in the entire Okere-Urhobo kingdom Warri. Certain Mr. Louis Okumagba who is the black sheep of the family started to foment trouble, disturbing and threatening Seriviri Nig. Ltd, with thugs and dangerous weapons which led to his arrest in 2019 to the Police Force Headquarters’, Abuja. After being granted bail by the police, the suspect (Mr. Louis Okumagba) rushed to file a fundamental Human Rights action against the Police, at the Delta State High Court, sitting in Warri. The action stalled the prosecution of the suspect (Mr. Louis) by the Police’’.
The families said the suit of the suspect against the Police was dismissed by the Delta State High Court, sitting in Warri, with a specific order of the Court directing the police to arrest and prosecute the suspect (Mr Louis Okumagba).
‘’While the Police were looking for the suspect for arrest and prosecution as directed by the Court, the same suspect went to social media (Opera news) to declare that “there will be looming danger of war/crisis between the Itsekiri and Urhobos”, thereby inciting, promoting and instigating communal war between the two peaceful co-existing communities of Itsekiri and Urhobo’’.
This incitement, according to the families, created several apprehensions in the minds of locals, which has affected the hitherto peace that reigned and pervaded the two communities.
‘’Furthermore, the suspect posted on the same social media that some named members of our clients namely, Chief Gideon Okumagba, Stanley Oki, Chief Victor Okumagba, Engr. Prince Ojuvwu Okumagba and others, sent assassins to his house to kill him, but he escaped by the whiskers. He confirmed that he had a one-on-one confrontation with the assassins, who confirmed the named members of our clients above, as the people who commissioned them to eliminate him’’.
The legal practitioners described Olodi, Oki and Ighogbadu as bunch of responsible families
‘’Olodi, Oki and Ighogbadu families are known throughout Nigeria for their peaceful disposition. The named individuals are distinguished and respected members of the Okumagba family and the Nigeria Society. Our clients therefore take the allegation of hiring assassins by its members very seriously, especially in this era of Security challenges in the country’’.
The families also deplored the actions of Louis Okumagba and urged the Inspector General of Police to use his good offices to investigate the allegations and anyone found culpable to be brought to book.
UDUAGHAN GREETS IBORI AT 65
- PRAISES EX-DELTA GOVERNOR FOR BUILDING INFRASTRUCTURE, INSTITUTIONS, PEOPLE
- CALLS HIM EXCEPTIONAL, COURAGEOUS MAN
Former Delta State Governor, Chief James Onanefe Ibori, has been described as a rare gem, prime nationalist and redeemer of the masses.
‘’Chief James Onanefe Ibori is a leader of great stature, a symbol of unity and the well-being of individuals within and outside the country ‘’ the Alema of Warri Kingdom, High Chief Emmanuel Oritsejolomi Uduaghan, said on Monday.
Uduaghan in a statement in Abigborodo acknowledged Ibori’s ability, will, humility and dogged commitment to the Nigerian project.
He praised the heroic deeds of the former Delta State governor in the struggles leading up to the abrogation of the onshore/offshore dichotomy.
‘’Delta State is blessed to have a personality of great honour and a man of the people in person of Chief James Onanefe Ibori’’.
Popularly called ‘’Mr. Resource Control’’, Uduaghan described Ibori as a brave man, bridge builder and totally detribalized Nigerian.
He commended Ibori for giving a new dimension to Nigerian politics, promoting harmony, diversity, and inclusivity.
‘’Chief James Ibori is a practical, rational person by temperament. He is also a fine example of how to contribute while not holding a legal post’’ the business mogul said.
The statement underscored strength, encouragement, purposeful direction, Nigeria’s unity, peace and stability.
The statement also emphasized problem solving capacity, Ibori’s policy of accommodation, foresight in economic development, his magnificent achievements in the country and Uduaghan’s deepest respect for the former governor of Delta State.
Particularly, the man of high title applauded Ibori for providing important political guidance on the development of Nigeria, upholding Christian values, strengthening the traditional institution of family, putting feelings first and responding to the needs of the people with understanding regardless of their appearance, reputation or mood.
‘’Thank you for the great job you do for the family, Delta State and for our country’’ Uduaghan, a brilliant, very generous and tolerant man, said.
Ending the statement, the Warri High Chief and Chief Executive Officer of Webster Group of Companies said “I wish His Excellency robust health, much joy, unlimited strength and energy, as well as productive activities to the benefit of the Nigerian people