IPOB Protest Paralyzes Activities In Onitsha

The protest by the members of Indigenous People of Biafra (IPOB), on
Monday, paralysed activities in the commercial city of Onitsha,
Anambra State.

The army of protesters with their banners and placards marched on the
ever busy Onitsha-Enugu expressway for over two hours.

They were protesting against the continued detention of the Director
of Radio Biafra, Mr. Nnamdi Kanu by the Federal Government.

Though, they were peaceful and non-violence, in their agitation for
the actualisation of Biafra, and the release of Kanu, they dared the
military, the police, and other security out fits.

The IPOB members marched from Niger Bridge Head entry into Anambra
State, where the plaque of former Biafran warlord, late Dim
Chukwuemeka Odumegwu Ojukwu was built, to Naval Outpost, Atani Road
Ogbaru Local Government Area.

They also, went back to Uga Junction, where they again joined the
Onitsha, Asaba-Enugu expressway, down to Upper Iweka flyover.

At the Upper Iweka flyover bridge, they danced for about 30 minutes
and prevented vehicular movement before their leaders directed that
they should allow the vehicles to move, but slowly.

Some of the placards had inscriptions as "Nigeria is a lawless land,
and a terrorist state," "Biafra is a nation not a society," "Free
innocent man, Nnamdi Kanu or there will be no peace", among others.

On their march towards Zik Roundabout, they stopped in front of the
Onitsha Military Cantonment on the Onitsha-Enugu expressway, danced,
chanting anti-Federal and Anambra State Government and Military songs,
demanding the release of Kanu.

Furthermore, they warned that if anything happened to him, they would
make Nigeria ungovernable, before they left for Zik Roundabout.

The group also stopped at Inosi Onira, the home of First president of
Nigeria, the late Dr. Nnamdi Azikiwe, to pay homage to Zik's plaque
built at the roundabout, and addressed reporters.

According to the group's spokesmen, who gave their names as Emma
Powerful and Sunday Igbokenyi, from Okija, IPOB wondered why Kanu
should still be in detention after the court had granted him bail.

They alleged that a ban had been place on all the imported goods the
Igbo were major importers so as to humiliate them.

They added that IPOB was a non-violent group and its members should
not be treated like criminals, when Federal Government was petting the
Boko Haram members.

Igbokenyi said that the people, who claimed to be leaders of Ohaneze
Ndigbo branches in the Igbo-speaking states, were political jobbers,
who had been benefiting from contracts and settlements from the
Federal and State governments.

IPOB insisted that such people could not represent Ndigbo with their comments.

According to them, "whether the Ohaneze Ndigbo, South East Governors
and Igbo traditional rulers and prominent Igbo who talk from both
sides of the mouth are castigating and calling them names or not, we
are determined to achieve our objectives"

The IPOB members took their protest to Ogbunike Toll Gate from where
they turned and marched to Awka Road and Old Market Roads in Onitsha
where they stopped vehicular movement.

-DailyTimes

INEC To Conclude Kogi Gov. Elections On 5th December, APC To Replace Audu

The Independent National Electoral Commission (INEC) has at last its
decision on the governorship election in Kogi state.

With the demise of Abubakar Audu, the candidate of the All
Progressives Congress in Saturday's governorship poll in Kogi state a
new legal battle reported on the fate of the election.

APC candidate, who was buried on November 23, was leading his closest
rival and incumbent governor of the state, Idris Wada of the Peoples
Democratic Party, by 41,353 votes.

The INEC has asked the ruling party to fill the vacuum created by the
death of its candidate in order to continue with supplementary
election.

The electoral commission has issued a statement that says:
1. The Commission will conclude the election in the remaining 91 polling units.

2. INEC will allow the APC to fill the vacancy created by Audu's death

3. INEC will conduct supplementary election on December 5, 2015.

The commission has announced the poll in Kogi state inconclusive.

According to results declared the margin of votes between Audu and
Wada was 41,353. And that the poll was inconclusive because the total
number of registered voters in 91 polling units, in 18 local
government areas, where election was cancelled is 49,953.

—Naij

Jubilation In Lokoja Over Rumour Of Audu’s Resurrection

There was jubilation in Lokoja this afternoon by supporters of late
Abubakar Audu over rumours that the former governor had
suddenly"resurrected" from death.

Vanguard reliably reports that the resurrection story was a complete
contrast from the reality here in Ogbonicha where his corpse is lying.

A group of prophets came into the expansive country home of Prince
Audu, with a promise to revive him back to life.

One of them even stake his life while assuring the mammoth crowd that
has gathered for the burial here of the possibility of Audu coming
back to life.

His running mate, Hon. Abiodun Faleke and Sen. Dino Melaye are among
the early arrivals here for the burial.

Audu's family refused to give the prophets access to where Audu's body
was deposited. But the youths forcibly opened the door to give the
prophets access, with the hope that the ex-governor will come back to
life.

—Vanguard

Implications Of MTN N1.4trn Fine –Stakeholders

Controversy has continued to trail the fine of N1.4trn slammed on MTN
Nigeria by the Nigerian Communications Commission (NCC).

The latest from that saga came from governors of the 36 states of the
Federation who unanimously asked MTN to pay up the fine , while other
stakeholders believe the company needs a soft landing.

Commenting on this development, an industry analyst, Femi Fasanya,
said, "governors are saying that MTN should pay the whole fine, but
many of them are yet to pay salaries of their workers.

"If there is a lay off after the payment, will NCC, the Federal
Government and the governors absolve and pay those that may be laid
off?"

Also reacting, Taiwo Jacobs, another stakeholder believes that if MTN
is asked to pay all the money, it may affect the capacity of Nigerian
financial institutions especially as many of them are not healthy
enough to withstand financial pressure any more owing to the current
state of the economy.

But some other financial experts believe that MTN can convieniently
pay the fine except that it would erode on its profitability for the
year.

In a phone interview, Dr. Mustapha Ojo, a financial expert explained
that contrary to the belief that Nigerian banks don't have the
financial muscle to pull the fine, "only three banks can covieniently
loan MTN from their minimum capital assuming it has not borrowed money
to service other projects. Banks are intermediaries between the
deficit and the surplus side of the economy. The question should be,
where will MTN get the money? Will it borrow it from Nigerian banks or
bring the money from its stock exchange in Johanesbourg?

"Although, I am certain that it can raise from Nigerian banks because
they are not loaning out because economy is not viable . Nothing is
currently moving, however, they will feel more comfortable to loan MTN
because it is exposed to banks.

"Exposure is rooted in behavioural finance and banking is based on
Other Prople's Money (OPM). OPM is the pscychology of the poor and
rich towards investment. The rich invest their money and spend what is
left. While, the poor spend thier money and invest the rest."

On the other hand, Sola Carew, a banker allayed fears that it won't
affect financial system liquidity but that more drop calls and poor
service delivery may be experienced by susbcribers.

He further explained that MTN is not an indigenous company that
retains its profits in Nigeria. They take it back to South Africa.

"The fine is an indirect way of retaining income made by MTN into the
Nigeria's tax web of a fine".

However, he cautioned that MTN may not be able to declare much profit
for the year and might need to sack workers to be able to remain in
operation".

Meanwhile, some industry watchers believe that with N1.4trillion (
$5.2bn), about 1/4 of Nigeria's total budget for 2015 is slammed on a
company. This may discourage foreign investors and destroy a workplace
with over 90 per cent of Nigerians.

"This amount could transform any country, but may end up killing the
dominant operator and discourage foreign investors".

A stakeholder and President of Association of Licensed Operators of
Nigeria (ALTON), Mr. Gbenga Adebayo said:
"There is no two way about it. This kind of fine is extremely
outrageous for any business. Government needs to decide whether it
wants to destroy or help build the nation.

"The truth is that foreign investors will not only be discouraged,
Nigeria will find it difficult to convince any foreign investor it has
conducive atmosphere. As if that was not enough, if all these
companies collapse and many Nigerians are thrown back into the
unemployment market, has NCC's effort at regulation become a plus or
minus?"

A source in MTN, who pleaded anonymity, stated that it is not too good
to throw away a baby with his bathwater.


According to the source, since MTN Nigeria started its operations, it
has paid well over N4billion yearly to NCC as operating levies and
even during this fine issue, NCC has renewed our licennse for another
five years.

"MTN is law abiding, it has paid over N1trillion in taxes and levies
since August 8, 2001 when it started operation and invested well over
$15bn on network roll out. When NCC slammed the $5.2 billion sanction,
a network operator has to cross check, everyone has a right. It need
to respect its subscribers' right and it took a while to deactivate
the 5.1 subscribers, before it realised what was happening again, the
regualtor has slammed yet another fine.

"NCC has to look inwards so that many operators will not become
history, " the source said.
It will be recalled that MTN Group CEO Mr. Sifiso Dabengwa resigned
his appointment because of his inability to settle the issue amicably.

-TheSunNews

Zimbabwe’s New Mr. Ugly ‘Too Handsome’ For Some

Pageant judges have crowned a new winner of Zimbabwe's 4th annual
"Mister Ugly" contest, upsetting supporters of reigning champion and
prompting claims of cheating.

Judges on Saturday chose 42-year-old Mison Sere, citing his numerous
missing front teeth and a wide range of grotesque facial expressions,
over William Masvinu, who had held the title since 2012.

Masvinu and his supporters mobbed the judges upon hearing their
decision, claiming that Sere was "too handsome" to win and his
ugliness wasn't natural since it was based on missing teeth.

"I am naturally ugly. He is not. He is ugly only when he opens his
mouth," maintained Masvinu, gesturing at his rival.

"Do we have to lose our teeth to win? This is cheating," shouted
another contestant, Patrick Mupereki.

There was pushing and shoving as the results were announced and
insults were hurled at the judges.

Sere dismissed the critics as just "sore losers" as he pocketed the
$500 in winnings.

"They should just accept that I am uglier than them," he said. "I hope
to get a TV contract. I already moved around schools performing and
showcasing my ugliness so this is a chance to make it on TV."

Pageant organizer David Machowa originally told the Associated Press
that he began the contest to remove the stigma of ugliness.

"Looks are God given," he said. "We should all be proud of who we are."

The pageant involved three rounds of modelling, with individual and
group struts down a catwalk of a Harare nightclub. This year's
competition attracted a record number of 36 entries, compared to just
five in 2012 when Masvinu began his winning streak.

Beauty pageants are popular in this southern African country and even
though they are typically for women, scandal is not unusual.
Earlier this year, Miss Zimbabwe winner Emily Kachote faced a backlash
on social media, with Zimbabweans calling her ugly and undeserving of
the crown.

She was later forced to step down when just two weeks into her reign,
images surfaced of her posing nude — which incidentally also brought
down her predecessor.

-NBC NEWS

Nigerians Blast Buhari As Fuel Scarcity Bites Harder

Nigerians have taken to social media to blast President Muhammadu
Buhari over the worsening fuel scarcity across the country.

Most of them who reacted on Twitter expressed their displeasure at the
inaction of Buhari especially in his position as petroleum minister.

Similarly, some senators requested that Buhari appears before the
upper chamber to answer for the problems faced by Nigerians.

Senator Abaribe (Abia South) took the floor earlier today and said
"change has come but there is no change".

In the same vein, Senator Shehu Sani said the fuel scarcity "is a
serious issue and the Minister of State for Petroleum should be
invited".

-PMNews

Nigeria Closes Prisons Because Of Boko Haram

The Federal Government has shut down some of its prisons following
external attacks on them.

Controller General of the Nigeria Prisons Service, Dr Peter Ekpendu
disclosed this today during a meeting with the Minister of Interior,
Lt. Gen. Abdulrahman Dambazau.

More details soon

-Vanguard

Ebola Crisis: Liberia Boy Dies After Fresh Cases

A 15-year-old boy has died of Ebola in Liberia less than three months
after the country was declared free of the virus, officials have told
the BBC.

He tested positive last week and died late on Monday at a treatment
centre near the capital, Monrovia, Francis Kateh, the chief medical
officer, said.

His father and brother are being treated for Ebola at the centre.

Liberia has seen more than 10,000 Ebola cases and more than 4,000
deaths since the West Africa outbreak began in 2013.

The World Health Organization (WHO) has twice declared Liberia to be
Ebola-free, once in May and again in September.


The teenage boy's mother and two other siblings have also been
admitted to the treatment centre to be monitored, health ministry
spokesman Sorbor George said.

He told the BBC that eight healthcare workers "who are at high risk
because they came in direct contact with the boy" were also under
surveillance.

The BBC's Jonathan Paye-Layleh in Monrovia says nearly 160 people are
now being monitored since the new cases were confirmed last week.

Radio and television stations have resumed broadcasting Ebola
awareness messages, he says.

Civil society groups have also stepped up a campaign to get volunteers
to be vaccinated against the disease in a joint US-Liberia Ebola
trial, our reporter says.

On Monday, Liberia said the US had agreed to send two experts to the
country to help investigate the sequence of the outbreaks.

Liberia recorded its first Ebola case in March last year and analysts
believe the latest cases are a serious set-back for the country.
Sierra Leone was declared free of Ebola on 7 November.

More than 11,000 people have died of the disease since December 2013,
the vast majority of them in Liberia, Guinea and Sierra Leone.

-BBC

Economic Woes Heighten As Buyers Shun Nigerian Crude

Nigeria's economy faces significant risks in the days ahead, as the
country is currently having difficulties getting buyers for its crude
oil in the international market, even as the price of its various oil
grades have been on a downward trend over the last couple of months.

Data obtained from global energy information providers, revealed that
Nigeria is currently recording supply glut in the sales of its crude,
as buyers seem to prefer other competing grades from other countries.

Analysts are of the view that unless an improvement is recorded in the
days and weeks ahead, the Nigerian economy would be plunged into a
financial quagmire, as it would be starved of funds to fund its budget
and manage the affairs of the country.

Specifically, a Reuters data indicated that Nigeria had been only able
to get buyers for 22 of its 62 December 2015 loading cargoes, leaving
around 40 cargoes of nearly every grade of its crude still unsold.

The data said that Qua Iboe was better supported, having cleared most
of its December loading cargoes, while other grades, including
Forcados, Bonny Light, and Escravos were under substantial pressure.

However, in Angola, Nigeria's fierce competitor, Reuters said there
were still at least eight cargoes from the December programme looking
for buyers, including Pazflor and CLOV.

Platts, on the other hand, said Nigerian crude oil market remained
under pressure, as many grades have lost around $1 per barrel in value
since the start of October, especially as an abundance of sweet crude
and high freight rates have failed to excite interest from refinery
buyers.

The loss of value was attributed to a number of factors — pressure
from high freight rates, competing Mediterranean and North Sea grades
and general weakness in refinery margins, which have improved over the
past week but not enough to counteract the glut of sweet crude.

The report quoted traders as saying that Nigerian grades account for
the bulk of the estimated 65 million barrels or so still unsold from
November and December West African (WAF) crude programmes.

"There is a big overhang, with such cheap Urals and Azeri (Light in
Europe) for instance, European refineries can take closer grades and
that is clearly affecting WAF grades," one European refinery trader
said.

Reuters also said that sellers of Nigeria's oil were forced to cut
differentials again, as around two thirds of the December export
cargoes remained available, and was expected to be joined by the
January exports this week.

One oil trader said: "Every crude oil grade is available, and you even
have the choice of when it is going to load. You have equity holders
in a rush to sell what they have."

However, some traders are of the view that refinery margins remained
positive still, with gasoline demand in Nigeria itself helping to
support European and United States' refining margins, and buyers in
California and Asia also keen to import more gasoline.
As a result of the glut, prices of Nigeria's crude oil grades took a
hit, as Qua Iboe was assessed last week by Platts, at Dated Brent plus
$0.20 per barrel, the lowest since January 13, and down from Dated
Brent plus $1.25 per barrel at the start of October.
Escravos, on the other hand, was assessed at Dated Brent minus $0.15
per barrel, its lowest value since April 17, 2009, when it was
assessed at Dated Brent minus $0.175 per barrel.
Bonny Light and Forcados, also premium Nigerian grades, were down $1
and 90 cents per barrel, respectively, since the beginning of October,
with the latter at Dated Brent plus $0.20 per barrel, the lowest since
mid-July.
Bonga, which has dropped 90 cents per barrel since the beginning of
October to Dated Brent plus $0.10 per barrel was offered by Vitol
earlier last week, in the Platts Market on Close assessment process,
without attracting interest even as an offer for an early December
cargo dropped to Dated Brent minus $0.15 per barrel last Wednesday.


Other Platts-assessed Nigerian grades – Agbami, Akpo, Brass River,
Erha and Usan, have also weakened. Naphtha-rich grades Agbami and Akpo
are now both a $1 per barrel discount to Dated Brent.

Brent, the benchmark crude oil grade, was trading around $44.51 per
barrels over the weekend.
However, the reports sated that an easing in freight rates out of
Africa should also help spur buying interest in Europe and the United
States, adding that with Mediterranean and North Sea oil also under
pressure, and oversupplied, the fight for buyers could yet cause more
pain for oil producers.

-Vanguard

I Never Accused Tinubu, Others Of Killing Audu —Okorocha

Imo State Governor Rochas Okorocha yesterday denied having a quarrel
with Senator Bola Tinubu, saying the envisaged rift only exists in the
imaginations of those who have chosen the path of dishonour.

Governor Okorocha, who was reacting to a report published in a social
media on Sunday, claiming that he accused Senator Tinubu and other APC
members of being responsible for the death of the APC governorship
candidate in Kogi State, Prince Abubakar Audu, described such claim as
"ungodly blackmail."

The governor said in a statement signed by his Chief Press Secretary,
Sam Onwuameodo, that the envisaged rift between Senator Tinubu and
himself "only exists in the imaginations of those who have chosen the
path of dishonor, because only dishonourable people could have
authored such an inglorious write-up. Decent people do not do such
thing."

The governor said he never accused the former governor of Lagos State
and one of the key pillars of the APC in the country, Senator Tinubu,
of being responsible for the death of the APC governorship candidate
in Kogi State, Prince Audu.

"The report came up on Sunday evening and, of course, few hours after
the news of the death of the Kogi Prince were still being doubted by
most Nigerians.

"Those who feel they can drag Governor Okorocha down through cheap
blackmail should better be advised to find something meaningful to do,
because whoever God has blessed, nobody can curse.

This is scriptural. And that is our joy and consolation." The
governor, however, regrets the sudden death of the APC governorship
candidate in Kogi State, Prince Audu, saying that death of the APC
gubernatorial candidate came when no one expected it, but God knew why
He allowed it to happened few poles to his coming back as governor of
that state."

According to him, the death of Audu should also be a lesson to all of
us to appreciate our limitations as human beings. We are all pencils
in the hand of the creator.

-NationalMirror

Legal Implications Of Abubakar Audu’s Death

The sudden death of Prince Abubakar Audu, the governorship candidate
of the All Progressives Congress (APC) in Kogi State, on Sunday, 22nd
November, 2015 has undoubtedly ignited a constitutional crisis.

Among the issues arising from the death of Prince Audu include,
whether the running mate to Prince Audu and the APC deputy
governorship candidate can assume the position and status of the
deceased as the candidate of the APC; if the question in 1 above is
answered in the negative, can the APC substitute the deceased as its
governorship candidate; and whether it is legally permissible in the
circumstance for the Independent National Electoral Commission (INEC)
to cancel the inconclusive election of Saturday, 21st November, 2015
and conduct a fresh throughout Kogi State.

This is unarguably a novel case. This is the first time in the course
of a democratic transition that a validly nominated candidate of a
political party in Nigeria will die after an inconclusive election but
before and without participating in the supplementary election. It is
unprecedented.

On issue one, there is no argument about the fact that a person
nominated as running mate with a Governor or Governor- Elect who was
DULY ELECTED has the constitutional right of succession in the event
of death, permanent incapacity, resignation or removal of the Governor
or Governor-Elect. This proposition is well entrenched in both
judicial and statutory authorities.

However, there are only two categories of persons/running mates that
are entitled to this right of succession.

The first category is a Deputy Governor elected on a joint ticket with
the Governor. Section
191 of the Constitution provides as follows:

"The Deputy Governor of a State shall hold the office of Governor of
the State if the office of Governor becomes vacant by reason of death,
resignation, impeachment, permanent incapacity or removal of the
Governor from office for any other reason in accordance with section
188 or 189 of the Constitution."

There are avalanche of examples of Deputy Governors in Nigeria who had
automatically assumed the office of Governor following the death or
impeachment of their governors'.

The second category arises where a person DULY ELECTED as the Governor
dies before subscribing the oath of allegiance and oath of office.
That is, where a Governor-Elect dies before his swearing in.

In such situation the person elected with him as Deputy Governor (his
running mate/deputy governor-elect) shall be sworn in as the governor.
The authority for this is Section 181 (1) of the 1999 Constitution.

The relevant question is whether any of the two categories above is
applicable to the present case in Kogi State. The answer is clearly in
the negative. The reasons are obvious.

Section 179 of the 1999 Constitution stipulates two mandatory
conditions that a candidate must satisfy before he/she is deemed duly
elected.
Firstly, the candidate must score the highest votes cast at the election.
Secondly, the candidate must obtain not less than one quarter of the
votes cast at the election in each of at least two-thirds of all the
local government areas in the State.

Based on the results declared by the Returning Officer, Emmanuel Kucha
(Vice-Chancellor of the University of Agriculture, Makurdi), Abubakar
Audu of the APC scored 240,867 while Idris Wada of the Peoples
Democratic Party (PDP) scored 199,514 votes.

According to Mr. Kucha, the margin of votes between Messrs Audu and
Wada is 41,353. And that the election was inconclusive because the
total number of registered voters in 91 polling units, in 18 local
government areas, where election was cancelled is 49,953.

That figure is higher than the 41,353 votes with which Mr. Audu is
ahead of Mr. Idris Wada of the Peoples Democratic Party (PDP).
The returning officer in compliance with Sections 26 and 53 of the
Electoral Act refused to make a return until supplementary election is
held in the areas where election were cancelled.

INEC is not allowed by law to make a return if the number of
registered voters in the areas that elections have either been
postponed or cancelled can affect the outcome of the election. 41, 353
cannot be greater than 49, 953. Whether it is possible for Mr. Wada to
garner is a political question.
The law does not operate based on political calculations and
conjectures. Only a supplementary election can legally determine the
ultimate winner of the Kogi State governorship election. It would have
been wrong for INEC to declare a winner as canvassed by some
commentators without allowing the 49, 953 registered voters in the 91
polling units to exercise their constitutional right of franchise.
That would have afforded the aggrieved candidates the right to have
the election nullified by the Election Tribunal.
From the foregoing, the deceased APC candidate Abubakar Audu was not
duly elected as the Governor of Kogi State in the governorship
election held on Saturday 21st November, 2015. Therefore his running
mate cannot be sworn in as the Governor. This argument has become an
academic exercise since INEC has already declared the election
inconclusive and indicated its intention to conduct supplementary
governorship election in the 91 polling units where elections were
cancelled.
Under the current constitutional regime, a Governor, Deputy Governor,
Governor-Elect or Deputy Governor-Elect cannot emerge through an
inconclusive election. The summary on issue one is that Section 181
(1) and 191 of the Constitution are not applicable to Hon. James
Abiodun Faleke, the running mate to the late Prince Abubakar Audu. He
cannot be sworn in as the Governor of Kogi State since Prince Audu had
not been elected Governor before his death owing to the fact that the
election is inconclusive for the reasons stated earlier.
On the second issue, the law on substitution of candidates has evolved
over the years. A brief history is apposite.
Under the repealed 2002 Electoral Act, the right of political parties
to substitute candidates was not restricted.

This led to series of litigation candidature of political parties. By
Section 34 (2) of the repealed 2006 Electoral Act, substitution of
candidates by political parties was allowable only if a political
party gives "congent and "verifiable reason" for seeking to substitute
a candidate whose name had been submitted to INEC. The cases of
Amaechi v. INEC (2008) 5 NWLR (Pt. 1080) 227 and Ugwu v. Ararume
(2007) 12 NWLR (Pt. l048) 365 were principally decided by the Supreme
Court based on the failure of the political party -the PDP, to give
cogent and verifiable reason for seeking to substitute its candidates
in the 2007 governorship elections in Rivers and Imo States,
respectively.

However, the current position of the law on substitution or change of
candidate is encapsulated in Section 33 of the Electoral Act 2010 (as
amended). It provides as follows:

"A political party shall not be allowed to change or substitute its
candidate whose name has been submitted pursuant to section 32 of this
Act except in the case of DEATH or withdrawal by the candidate."
(capitalized for emphasis).

Also of relevance to the issue of substitution of candidate by reason
of death is Section 36 (1) of the Electoral Act. It states thus:

"If after the time for the delivery of nomination paper and before the
commencement of the poll, a nominated candidate dies, the Chief
National Electoral Commissioner or the Resident Electoral Commissioner
shall, being satisfied of the fact of the death, countermand the poll
in which the deceased candidate was to participate and the Commission
shall appoint some other convenient date for the election within 14
days."

The combined effect of Sections 33 and 36 (1) reproduced supra offers
a remedy to the constitutional crisis arising from the death of Mr.
Abubakar Audu. It is humbly submitted that the APC has the right in
law to substitute its deceased governorship candidate in Kogi State.


Audu was supposed to participate in the supplementary poll since the
first poll did not result in the return of any candidate. Any
interpretation of the expression "the poll in which the deceased
candidate was to participate" that excludes 'supplementary poll' will
lead to absurdity and injustice.
Death is a natural occurrence. The death of a candidate is beyond the
control of a political party. The law recognises the right of a
political party to sponsor a candidate for election and equally
provides for remedies where a candidate dies either before or after
the conclusion of polls.

Where a candidate dies before the commencement of polls, Section 36
(1) of the Electoral Act allows the political party that sponsored the
deceased candidate to substitute him/her. But where the death occurs
after the conclusion of polls but before the deceased candidate
subscribes the oath of allegiance and oath of office, Section 181 (1)
of the Constitution mandates the running the running mate of the
deceased candidate to be sworn in as the governor.
I will now address the last issue, that is, whether INEC in the
circumstance can countermand (cancel) the Kogi State governorship
election held on Saturday, 21st November, 2015.
The power of INEC with respect to cancellation of election is very
limited. The law allows INEC to postpone or cancel election in only
two situations, namely: postponement due to violence, insecurity,
natural disasters or other emergencies; and cancellation due to over
voting.
There is no provision in all of the 320 sections of the Constitution
or the 158 sections of the Electoral Act that empowers INEC to
nullify, cancel or void either a concluded election or an inconclusive
election. The death of a candidate of a political party does not
confer any power on INEC to set aside either a concluded or an
inconclusive election. The law has already catered for such
eventuality by allowing for the substitution of the deceased candidate
in the case of an inconclusive election.
Like the Rock of Gibraltar, the inconclusive election held on Saturday, 21st
November, 2015 in Kogi State cannot be altered or interfered with by
INEC. The Supreme Court had settled in the Amaechi's case supra that
votes casted at an election stand to the credit of political parties
and not the candidates.
Although Mr. Abubakar Audu has died, the party that sponsored him -
the APC, is still alive. The votes belongs to the APC and not the
deceased. That is the position of the law in Nigeria today.
Although the Kogi State governorship election is inconclusive and
Section 36 (1) of the Electoral Act allows for substitution if the
death occurs before commencement of poll, it is humbly submitted that
the word "poll" in this context includes supplementary poll. The
rights that accrues to a political party that participated in an
inconclusive election cannot be extinguished merely because of the
death of its candidate as where there is a right there must be a
remedy.
A contrary interpretation will mean that INEC will have to cancel the
entire election in Kogi State and conduct fresh election. Such
interpretation will do violence to the letters and spirit of Sections
33 and 36 (1) of the Electoral Act and occasion a miscarriage of
justice. That cannot be the intendment of the law. In any event, INEC
does not have the power to do so for the reasons stated earlier.
In conclusion, the APC should immediately substitute its deceased
governorship candidate with another person and communicate same to
INEC in writing.

INEC is advised to proceed with the supplementary elections in the
outstanding 91 polling units. The supplementary elections must be held
within 14 days from Sunday, 22nd November, 2015 in line with Section
36 (1) of the Electoral Act after which the candidate that scores the
highest overall votes should be returned elected.

Effiong is a legal practitioner (inibehe.effiong@gmail.com)

-DailyTrust

Imo Residents Lament Purchase Of Petrol At 200 Naira

Residents of Owerri, Imo State capital, have been groaning in agony
over the lingering fuel crisis across Nigeria.

This is because many of them have had to stay over two days on long
queues to buy petrol for 87 Naira per litre at Nigerian National
Petroleum Corporation (NNPC) petrol stations.

Other independent petroleum marketers have been selling petrol at the
rate of 200 Naira per litre, a situation which the people have
bitterly complained about.

They appealed to the Federal Government to, as a matter of urgency,
find a lasting solution to this problem, as it is crippling activities
in all sectors in the state.

Speaking to Channels Television, an official from one of the NNPC mega
stations within the metropolis disclosed that the product was
available in large quantity, but lack of patience and panic buying has
been the cause of the long queues.

He added that the station had to extend their selling time till late
in the night, for people to get petrol.

The leadership of the Nigeria Union of Petroleum and Natural Gas
(NUPENG) has said that total deregulation of the downstream sector and
complete removal of fuel subsidy would solve the nation's prolonged
fuel crisisand scarcity.

The National President of NUPENG, Mr Igwe Achese, said that Nigerians
would continue to experience scarcity and inflation in prices of
petroleum products from time to time unless the NNPC returned to its
statutory role, as the sole importer of petrol.

—ChannelsTV

Biafra: DSS Asks Court To Stop Kanu’s Trial

The Department of State Services (DSS) on Monday requested a Wuse Zone
2 Senior Magistrates' Court in Abuja to discontinue trial of Nnamdi
Kanu, Director of Radio Biafra, charged with criminal conspiracy.

Kanu is standing trial on a three-count charge of criminal conspiracy,
intimidation and belonging to unlawful society, to which he pleaded
not guilty.

At the resumed sitting of the case, prosecution counsel, Moses Idakwo,
informed the court that after the arraignment of the accused, the
complainant stumbled on some facts which took the matter out of the
jurisdiction of the court.

According to him, the complainant found out that the accused was
involved in terrorism and has been financing it.



"The complainant is, therefore, applying to discontinue the matter
under section 108(1) of administration of criminal justice act 2015."

Idakwo said that the DSS had also obtained an order from the Federal
High Court, Abuja, dated Nov.10, to detain the accused in its custody
for 90 days.

Objecting, Kanu's counsel, Vincent Obetta, prayed the court not to
discontinue the case because the prosecution did not present any
information from the Attorney-General of Federation who had the
authority to approve such.

Obetta told the court that the DSS violated the order of the court
which granted bail that was perfected but not granted, adding that the
accused had been in DSS custody since he was arrested.

Subsequently, the magistrate, Mr Usman Shuaibu, after listening to
both counsels, adjourned the matter until Dec.1 for ruling.

-PMNews

Nnamdi Kanu Appears In Court For Trial

Reports from eye-witnesses say embattled Director of Radio Biafra and
Leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, was
finally arraigned on Monday, in an Abuja Magistrate Court.

This followed an order last Wednesday by the Court that the Department
of State Services (DSS) must produce, the detained Kanu in court
today.

Recall that the DSS was expected to produce him in court last week,
but failed to do so.

-Zubby Blog

APC Candidate In Kogi Governorship Election Abubakar Audu Is Dead

The governorship candidate of the All Progressives Congress (APC) in
Kogi State, Mr Abubakar Audu, is dead.

Mr Audu is reported to have died of undisclosed medical reasons
shortly after the Independent National Electoral Commission (INEC)
declared the governorship election inconclusive on Sunday.

He was leading in the results announced by INEC, scoring 240,867 votes
while the incumbent Governor, Wada of the Peoples Democratic Party
polled 199,514 votes.

State government sources have confirmed news of Mr Audu's death.

He will be buried on Monday by 9:00am in his home town.

Mr Audu was a former Governor of Kogi State born on 27 October 1947 to
the family of his Royal Highness, the late Pa Audu Oyidi, Orego Atta
of Igala Land and the paramount ruler of Ogbonicha-Alloma in Ofu Local
Government Area of Kogi State.

During campaigns, Mr Audu unveiled a three-point agenda, which he said
he would pursue if elected.

He promised to focus on power shift, declare a state of emergency in
critical sectors of the state and concentrate on the interest of the
people.

"Let me make my three-point agenda known to the people of the state
because I want to be held responsible for my word later when I gain
power. First, I will make sure that power shift becomes sacrosanct. I
will be the first governor to change power in the state. I must honour
my agreement that after my full tenure I will ensure power rotation
either to Kogi West or Kogi Central.

"I will declare state of emergency on the critical sectors of the
state especially in the infrastructural sector.

"The welfare of the people of the state remains a priority to me. Let
no one deceive you, I have nothing but the best interest of the people
at heart," he said.

—ChannelsTV