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Law

Photo Speaks: Kate Onyinye Omenugha led South East LAWSAN organized its maiden and historic convention tagged “The Invigoration”.

The Law Students’ Association of Nigeria (LAWSAN) South East Directorate of policies, programs, and projects organized its maiden convention of Law students in the zone tagged “The Invigoration”.

The convention which turned out to be the biggest gathering of law students in the southeast zone was held from 29th of July 2021 to 1st of August 2021.

*Day 1: Arrival & Meet/Greet Session *

The arrival of delegates was scheduled for 29th July 2021. On that day, delegates from the various faculties of law across the South East zone converged at the venue of the convention, Golden Tulip Hotel, Agulu in Anambra State.

The delegates received a warm welcome from the officials of the Southeast directorate and registration of the delegates commenced by 1 pm. Delegates were checked into their rooms after the registration process and given a rundown of the activities expected to take place and also a set of rules to abide by during their stay at the convention.

MEET AND GREET
After a successful registration of delegates for the convention, the first program was the meet and greet session for delegates to get acquainted with one another. It was a huge success as the program featured a welcome address by the Zonal Director Onyinye K. Omenugha, AICMC, games, food, music, and fun.
After that, the delegates returned to their various rooms to rest and prepare for the next day.

Day 2: CONFERENCE AND BBQ FESTIVAL

On the 30th day of July 2021, the conference and panel discussion was held at the Golden Tulip Hotel banquet hall. The event had over 8 guest speakers and panelists in attendance to discuss the topic Restoring and building the dignity of the legal profession.
Students were engaged in the best ways to restore the dignity of the legal profession.
During the conference, the first magazine publication of the South East Directorate titled “The Invigoration” magazine was launched. It features articles written by various students of law from different faculties of law in the zone on diverse issues of law. It also features programs that have been organized by the directorate and a special interview with a double first-class holder from the zone Ebube Akpamkpo.

Later that day, the BBQ festival was set up by the poolside of the hotel. This event featured a Food competition, swimming, dance, music, board games, face painting, live performance to thrill the delegates.

Day 3: Sports Day and Grand Dinner

On the 31st of July 2021, delegates were engaged in exercise and sporting activities. The delegates were led by fitness instructor Bisi-Aretola Daniel together with the zonal director Onyinye K. Omenugha AICMC.

There were marathon, relay, and short distance race competitions organized to keep the delegates engaged.

The Grand finale of the convention was the Grand Dinner and award night.
The dinner had the National Vice President Eluma Harriet, the National Director of Policies, Programs and Projects Obinna Udochukwu, the LAWSAN Chief Judge Munir Ishaq Shu’aibu, the LAWSAN Senate President, Sen Emmanuel Williams, and a host of other LAWSAN national leaders in attendance.


The dinner was also graced by the SA to the Anambra state Governor on Legal matters, Mrs. Patricia Igwebike Esq where she delivered a speech on the process of having a successful career in the legal profession.
Later on, awards were presented to deserving winners with the highlight of the occasion being the presentation of the Iconic Leadership award presented to the Zonal Director Onyinye K. Omenugha AICMC by her executives and planning committee members for her overwhelming leadership quality and guidance.

*Day 4: Departure *
On the 1st of August,2021, the delegates that came for the LAWSAN Southeast Zonal convention all safely departed to their various destinations.

It was indeed a beautiful and top-notch convention as all expectations were reached and surpassed by the shining directorate.

SEZC2021

Categories
Law

A COMMENTARY ON THE CONSEQUENCE OF THE SUPREME COURT DECISION IN JEGEDE V AKEREDOLU VIS-A-VIS MATTERS ARISING.By Mustapha Babalola Toheeb.

A COMMENTARY ON THE CONSEQUENCE OF THE SUPREME COURT DECISION IN JEGEDE V AKEREDOLU VIS-A-VIS MATTERS ARISING.
By Mustapha Babalola Toheeb.
Recently, the Supreme Court pronounced a judgement in favour of Governor Rotimi Akeredolu in respect of his re-election as governor of Ondo State, which was received with great joy and happiness especially amongst the faithfuls of the rulling party as the apex court decision was a split judgment of four to three. It was just the decision of one Justice that would have turned the tide against him, but he was “lucky” to have escaped the hammer. The Supreme Court, in a split decision of four to three had dismissed the appeal filed by the governorship candidate of the Peoples Democratic Party (PDP), Eyitayo Jegede against the election of Governor Rotimi Akeredolu in the Ondo State governorship election.

Due to the fact it was a judgment that involved a Constitutional issue, a panel of seven Justices of the Supreme Court sat over the appeal as against the usual five Justices. While four out of the seven-member panel of justices of the apex court dismissed the appeal, three of the Justices, including the presiding justice, Mary Peter-Odili were of the view that the appeal should be allowed.

In its split judgment of four against three by the seven member-panel, which sat on the Ondo governorship election petition, the Supreme Court had contended that the reason it did not sack Governor Rotimi Akeredolu of the state, was because the Peoples Democratic Party (PDP) and its governorship candidate in the October 10, 2020 election, Eyitayo Jegede, failed to join the National Chairman of the party’s Caretaker Committee and Governor of Yobe State, Mai Mala Buni, even when the issues revolved around him.
As expected, the judgement has attracted a lot of reactions and analyses from legal experts, as there seems to be divided views as regards the position of law on whether Mai Mala Buni, the Governor of Yobe State and the current National Chairman of the Caretaker Committee, APC is allowed to be at the helm of affairs of the Caretaker Committee considering the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which provides as follows:
“the governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever.”
However, Article 17 (iv) of the APC constitution is clear and states that no official of the party shall at same time hold any executive position in any government institution.

Now, the above submissions particularly the laws and recent rulling of the Supreme Court has attracted two interpretations or views from legal experts across the country. The first view which was initially voiced by the Minister of State for Labour, Festus Keyamo (SAN), he was of the view that the recent rulling of the Supreme Court in the Jegede v Akeredolu case particularly taking into consideration the provisions of Section 183 of the Constitution is to the effect that Governor Buni cannot hold any other position including the position of the National Chairman of APC Caretaker Committee and that the Supreme Court has just weaponised all those that would be aggrieved by the APC Congresses to proceed to court to Challenge the competence of the Buni-led CECPC to organise the Congresses and National Convention. He further advised the APC to halt all preparations and conduct of congresses nationwide forthwith, having analysed the implications of the judgment.

Apart from Keyamo, Chief Anthony Ajulo SAN, a constitutional lawyer has maintained the same position and according to him,the Nigerian constitution does not permit the same person to hold two executive positions, therefore, he called for the immediate resignation of Buni as the Acting National Chairman of the ruling party.
Chief Ajulo then added, “It is therefore incontrovertible that the continuous stay of the Governor as Chief Executive Officer of the All Progressives Congress runs contrary to the provision of the Constitution and as such may be an albatross on the party, as all he had done before would be null and void, including the nomination of candidates within the period of his so-called Leadership of the party.”

According to the Special Adviser to the President on Political Matters, Senator Babafemi Ojudu and Senior Special Assistant to the President on Niger Delta Affairs, Senator Ita Enang have also maintained the same position with the above submissions of the learned silks and also joined the call for the Buni committee to be disbanded.

On a final note, Akintayo Balogun, a private legal practitioner has also aligned himself with the first view and also opined that if Buni had been joined as a party in the Jegede v Akeredolu suit, the judgement would have been in favour of Eyitayo Jegede, SAN and PDP, except if the Justices again find another escape route for the Respondents. It would have been another judgment from the Supreme Court and not majority of the electorate.
Furthermore, he was of the view that every activity(s), duty(s), task(s) and responsibility(s) of the Caretaker (interim) Chairman from inception of his duty as caretaker, to the day he hands over to a substantive chairman or to another caretaker chairman, is rendered a nullity and of no effect once “properly” challenged.

The other view which was led by Chief Adeniyi Akintola SAN, one of Akeredolu’s counsels during the election petition was of the opinion that by the pronouncements of the Election Petition Tribunal and the Court of Appeal which was affirmed by the apex court, Governor Buni could combine both party and elective positions and that the minority judgement stating that Buni can’t hold the two positions has no value.
He went on to assert that the provisions of Section183 of the constitution, according to the justices wasn’t violated by Buni. That was the reasoning of the tribunal.The Court of Appeal even affirmed the election petition stance that Section 183 wasn’t breached.

The Learned Silk is not the only one on this path as the Deputy Senate President, Ovie Omo Agege also aligned himself with the second view and furthermore opined that going by the explicit provision of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), it is absolutely impossible and untenable to argue that the provisions of Section 183 bars a Governor from being a Chairman or member of a Caretaker Committee set up by his or her political party. Moreso, the position of the Chairman of a Caretaker Committee cannot by any sense of imagination, logic or simple common sense be classified as being a salaried Executive office.

He added that there is no law under our legal jurisprudence that bars or prohibits a Governor who is a member of a political party and won elections under the political party from carrying out specific assignments on behalf of his party. How this will amount to holding an Executive office is beyond every stretch of human comprehension.

On a final note, he opined that Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) only bars a Governor from holding Executive positions like being a Minister, or any other executive positions for which he shall be paid for. It does not by any scintilla of imagination, render the appointment of Governor Bumi as APC Caretaker Committee Chairman incompetent and will not in any way, affect the legality or competence of the APC scheduled Congresses.

Going by the analyses from both sides, it is imperative that the rulling party need to get it right this time particularly on how to solve this legal conundrum as any wrong decision on the part of the party might threaten the existence of the party. Subsequent court pronouncements and time will tell whether an attempt to continue with Governor Buni on the part of the rulling party would not jeopardize their future or lead to a misfortune which might be worse than what happened to the party in Zamfara few years ago but before then God bless Nigeria.

ABOUT THE AUTHOR:
Mustapha Babalola Toheeb is a Pupil of Law, a content creator, a blogger & a student of Faculty of Law, Bayero University, Kano. He is the Founder of Lex Updates Publications, and the Zonal Director, Directorate of Programs, Policies and Projects, North West Zone, Law Students Association of Nigeria.
He is interested in advocacy, academic writing, legal writing/history, activism and a plethora of positivism. To reach him,email:toheebmustapha15@gmail.com or contact/whatsapp:08106244073.

REFERENCES.

  1. APC IN JEOPARDY OVER BUNI’S CONTINUED STAY
    THE IMPLICATION OF THE SUPREME COURT JUDGMENT TODAY IN JEGEDE VS AKEREDOLU AS IT AFFECTS THE APC IS THAT THE PARTY MUST HALT ALL PREPARATIONS AND CONDUCT OF CONGRESSES NATIONWIDE FORTHWITH
    AS NATIONAL CHAIR BY THISDAY NEWSPAPER.
  2. GOVERNOR MAI MALA BUNI AS APC INTERIM CHAIRMAN, A NULLITY ABI INITIO BY AKINTAYO BALOGUN ESQ.
  3. WHY MAI BALA BUNI SHOULD STEP DOWN NOW BY ANTHONY AJULO SAN.
  4. THE IMPLICATION OF THE SUPREME COURT JUDGMENT TODAY IN JEGEDE VS AKEREDOLU AS IT AFFECTS THE APC BY FESTUS KEYAMO SAN.
Categories
Law

FARUK ABDULLAHI (SIR MUTUM) EMERGES AS NEW LAWSAN BUK PRESIDENT.

Reporters: Mustapha Babalola Toheeb and Mubarak Adebayo.

In the early hours of today, Abdulahi Faruk popularly known as Sir Mutum was sworn in today as the newly elected President of Law Students Association of Nigeria, BUK Chapter by Justice Munir Ishaq.

The LAWSAN election was conducted few days ago and there was massive turn out which was unexpected considering the political apathy in the faculty for the past few years.

Below are the names of the candidates according to the post they went for.

President:

Abubakar Dauda Shehu (NEPA)
Sen. Faruk Abdullahi (Sir Mutum)

Vice-President Lawsan BUK
Halima Yusuf (Hamlam)
Khadeejah Ibrahim (Smally)

Secretary-General Lawsan BUK
Abdulsamad Muhammad (Senegalese)
Muhammad Sanu Ammar (Ammar)

Assistant Secretary-General Lawsan BUK
Ibrahim Muhammad Usman (Police)
Dan Yazid

Social Director
Sadiqat Musa Abdullah (Boss Madam)
Shamsudeen (Shamo)

Below are the breakdown number of voters according to classes.

Spill Over 1 – Nil
Spill Over 2 – Nil
Level 1 – 94 students
Level 2 – 154 students
Level 3 – 144 students
Level 4 – 145 students
Level 5 – 47 students

Total Number of Voters 584 Students

In Polling Unit 1 – 286 Voters/Students
In Polling Unit 2 – 298 Voters/Students

Total No. of Votes Cast 584 Votes
In Polling Unit 1 – 286 Votes
In Polling Unit 2 – 298 Votes

Total Ballot Papers – 800
Unused Ballot Papers – 213
Used Ballot Papers
Polling Unit 1 – 286
Polling Unit 2 – 298
Total Used – 584

Total ballot papers accounted for 797 while three (3) were not and this may be due to voters who just choose not to vote anymore or destroyed ballot papers due to errors or whatever reason.

Votes as casted for the respective posts:

SOCIAL DIRECTOR:

Sadiqat (Boss Madam)
In Polling Unit 1 – 128 Votes
In Polling Unit 2 – 133 Votes
Total Number of Votes – 261 Votes

Shamsudeen (Shamo)
In Polling Unit 1 – 143 Votes
In Polling Unit 2 – 158 Votes
Total Number of Votes – 300 Votes(Winner)

Invalid Votes
In Polling Unit 1 – 15 Votes
In Polling Unit 2 – 7 Votes
Total No. of Invalid Votes – 22 Votes

Total Votes – 584 Votes

ASSISTANT SECRETARY-GENERAL
Muhammad (Police)
In Polling Unit 1 – 118 Votes
In Polling Unit 2 – 133 Votes
Total Number of Votes – 251 Votes

Dan Yazid
In Polling Unit 1 – 151 Votes
In Polling Unit 2 – 153 Votes
Total Number of Votes – 304 Votes(Winner)

Invalid Votes
In Polling Unit 1 – 17 Votes
In Polling Unit 2 – 12 Votes
Total No. of Invalid Votes – 29 Votes

Total Votes – 584 Votes

SECRETARY-GENERAL
Abdulsamad Muhammad (Senegalese)
In Polling Unit 1 – 134 Votes
In Polling Unit 2 – 137 Votes
Total Number of Votes – 271 Votes

Muhammad Ammar
In Polling Unit 1 – 133 Votes
In Polling Unit 2 – 149 Votes
Total Number of Votes – 282 Votes ( Winner)

Invalid Votes
In Polling Unit 1 – 19 Votes
In Polling Unit 2 – 12 Votes
Total No. of Invalid Votes – 31 Votes

Total Votes – 584 Votes

VICE-PRESIDENT
Halima Yusuf (Hamlal)
In Polling Unit 1 – 118 Votes
In Polling Unit 2 – 144 Votes
Total Number of Votes – 262 Votes

Khadija (Smally)
In Polling Unit 1 – 157 Votes
In Polling Unit 2 – 147 Votes
Total Number of Votes – 304 Votes Winner

Invalid Votes
In Polling Unit 1 – 11 Votes
In Polling Unit 2 – 7 Votes
Total No. of Invalid Votes – 18 Votes

Total Votes – 584 Votes

PRESIDENT

Abdullahi Faruk (Sir Mutum)
In Polling Unit 1 – 177 Votes
In Polling Unit 2 – 163 Votes
Total Number of Votes – 340 Votes (Winner)

Abubakar (NEPA)
In Polling Unit 1 – 106 Votes
In Polling Unit 2 – 130 Votes
Total Number of Votes – 236 Votes

Invalid Votes
In Polling Unit 1 – 3 Votes
In Polling Unit 2 – 5 Votes
Total No. of Invalid Votes – 8 Votes

Total Votes – 584 Votes

In all honesty, the election was free and fair. The CTC/ELCOM performed their duty to their best capability with all sense of professionalism which is laudable.

While not forgetting the observers groups under the aegis of Student Union Bar, BUK Campus led by the duo of Hassan Musa Jeni (The immediate former Attorney General of LAWSAN BUK) and Yusuf Olalekan Emiola (The President of the Student Union Bar, BUK) and other members of the team.

They did a good job as the statistics and data above were provided by them under the purview of Adebayo Mubarak after being scrutinized and checked by the members.

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