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HUDU YUNUSA ARI A VICTIM OF POWER PLAY WHO WAS MADE A SCAPEGOAT: HEAR THE OTHER SIDE

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At the further mention of the case FRN V BARRISTER HUDU YUNUSA ARI  today in the High Court of Adamawa State, the defendant Hudu Yunusa Ari filed a motion on Notice challenging the Jurisdiction and competence of this Honourable Court to try the Defendant person for the Four Count Charges laid against him on the principal ground that since the proof of evidence does not disclose a Prima Facie case against him it will amount to an abuse of Court process to subject him to the rigours and ordeal of a criminal trial more so, in the light of the Constitutional presumption of innocence which inures in his favour.

 

Furthermore, since the Election Tribunal did not make any recommendation pursuant to section 144 of the Electoral Act 2022, it will be an academic exercise and futile to subject him to the ordeal of a criminal trial in all the circumstances of the case The grounds upon which the application was made are as follows;

 

  1. The allegations made in the Four Count Charges did not disclose any prima facie case or raise any reasonable suspicion that, the Defendant/Applicant had committed an offence to warrant his trial or requiring his explanation.

 

  1. The Charges contained in the information and their particulars constitute a flagrant and grave violation of Sections 35(1)36 (5), (9) of the Constitution of the Federal Republic of Nigeria, 1999 and Adamawa State Administration of Criminal Justice Law, 2018 amounting in law to an illegality and a not mere irregularity.

 

iii.     When, in any event, the Information/ Charges, in this case, are compared and contrasted with particulars thereof, the ingredients of the alleged offences, the result is that the entire Information/Charge amounts to an abuse of court process as they disclose no prima facie case against the Defendant /Applicant.

 

  1. The Defendant /Applicant had raised an immunity under Section 149 of the Electoral Act 2022 which was proved by very credible evidence.

 

  1. There is a pending Suit No. FHC/ABJ/CS/563/2023 instituted by the Defendant / Applicant before the Federal High Court Abuja filed against the Complainant arising from the same facts for lawful performance of official duty based on information received from the Commissioner of Police Adamawa State concerning insecurity and planned Attack on offices of the Independent National Electoral Commission including Collation Centres at Local Government and State Level and thereby acted in good faith invoking the doctrine of necessity based on firm instructions from the Office of the National Chairman of the Independent National Electoral Commission to prevent Imminent Attack and disruption from Boko Haram insurgents which is directly connected with the substratum of this Information / Charge before this Honourable Court.

 

  1. There is a pending Appeal No. CA/ABJ/CV/1112/2023 is now pending before the Court of Appeal in which the Record of Appeal has been transmitted and the Appeal entered.

 

vii.    There is also a pending Election Petition No. EPT/AD/GOV/1/ 2023 in respect of which judgment has been delivered and is now on Appeal before the Court of Appeal Yola Division sitting in Abuja in Appeal no. CA/YL/EPT/AD/GOV/18/2023 arising for the  2023 Governorship Election held in Adamawa State on 18th March 2023 and 15th April 2023 connected with the charge and from which final recommendation for prosecution of any electoral offence arising from Adamawa State Governorship Election has not been made yet.

 

viii.    As a Public Officer the defendant is entitled to Public Authority Defence having acted clear directives, warnings, and advice from other Police and /or in circumstances as to constitute Entrapment by Estoppel.

 

  1. The Honourable Court lacks the jurisdictional competence to entertain, hear and determine this Matter regard being had to Section 251 of the Constitution of the Federal Republic of Nigeria 1999 as amended.

 

  1. In the foregoing premises, inter alia, the said Complaints/Charges are prejudicial and detrimental to the Defendant/Applicant’s Constitutional right to a fair hearing, dignity, liberty, and due process, are therefore vexatious and violate the constitutional presumption of innocence which inures in favour of the Defendant/Applicant and same are also oppressive.

 

the Application maintain that the proof of evidence will show that there is no direct evidence linking the Defendant with the commission of the alleged offence and it is the law that no citizen should be put to the rigours of trial, in a criminal proceeding, unless available evidence points prima facie to his complicity in the commission of a crime.

 

the formidable and impregnable defence of entitled to Public Authority Defence having acted clear directives, warnings and advice from other Police and /or in circumstances as to constitute Entrapment by Estoppel raised by the Defendant  My noble Lord, a panoramic perusal of the said further affidavit and annexures will show clearly that no offence is disclosed and that the First Information Report did not disclose any prima facies case or raises any reasonable suspicion that Hudu Yunusa Ari has committed a criminal offence.

 

that given the peculiar circumstances of this case, it is the Federal High Court that is the proper forum and imbued with jurisdiction to hear this case because the information and/or charge against the defendant is arising from, connected with, and pertaining to the validity of executive and/or administrative decisions or action of the defendant as the Resident Electoral Commissioner of the Independent Electoral Commission in his official capacity in the performance of his official duties. the purport of sub-section (3) of Section 251 of the 1999 Constitution is that it comes into play to divest the State High Court of jurisdiction in any criminal matter that involves any administrative action of any Federal Government agency. Here, the defendant is an officer of INEC and clearly, the charge bothers his administrative action or decision in his capacity as the INEC’s Resident Electoral Commissioner in charge of Adamawa State

 

Barrister Hudu Yunusa Ari also stated that the Prosecution cannot hide under any guise to persecute, investigate, or detain the defendant / Applicant wanted for performing or carrying out his official duties which are not criminal in nature or constitute criminality. Even if not conceding, that the defendant/applicant committed a criminal offence (which is not conceded), in the performance of his electoral duties, section 144 of the Electoral Act does not permit the complainant to prosecute the Defendant until after a determinate recommendation from Election Tribunal.

 

Hudu Yunusa Ari also contended that the charge filed against him is an Abuse of the Court Process in the light of the pendency of Appeal No. CA/ABJ/CV/1112/2023 is now pending before the Court of Appeal Abuja and another Election Appeal There is also a pending Election Petition No. EPT/AD/GOV/1/ 2023 in respect of which judgment has been delivered and is now on Appeal before the Court of Appeal Yola Division sitting in Abuja in Appeal no. CA/YL/EPT/AD/GOV/18/2023 arising for the  2023 Governorship Election held in Adamawa State on 18th March 2023 and 15th April 2023 and Suit No. FHC/ABJ/CS/563/2023 is now pending before the Federal High Court Abuja will show clearly that the Complaint is not acting in good faith in the public interest and interest of justice but brought this case in order to harass, irritate, and annoy the defendant. We should not cross the bridge until we come to it and when we do so we should cross the bridge by touching the stones.

 

in the light of the provision of section 251 of the Constitution of the Federal Republic of Nigeria 1999 as amended which expressly conferred jurisdiction in a criminal matter in respect to any matter that arises from, and connects with its civil jurisdiction and the actions or decision of the defendant sought to be impugned and for which he is being charged before this court is related directly to exclusive jurisdiction of the Federal High Court, the that is the proper forum if there reasonable suspicion that despite the peculiar circumstances of this case he is alleged to have committed a crime and not before the State High Court.

 

Hudu Ari also stated that the court stands at an important crossroads of our democratic and civilized experience and draws the line between this era and the stone age where men ruled men by a system of survival of the fittest. That era is long gone, and this Hon. Court will not watch the powerful, the armed and the uniformed men take liberties into their hands when the citizens have a constitutional court to run to.

 

It’s important for the general public to hear both sides of the story before you come to a conclusion. We are all subject to cognitive bias. It is a fundamental legal principle in which each party is entitled to a fair hearing and given the opportunity to respond to evidence against them. He stated that he is a victim of power play and has been made a scapegoat.

 

The court adjourned the case to 6th December 2023 to enable Hudu Yunusa to recuperate and appear in court. The application of the prosecution for a warrant of arrest was not taken in the circumstances.

 

By zechariah Demien, writes from yola

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Opinion

OF GOVERNANCE AND THE ZULUMFICATION OF GOVERNANCE IN BORNO: RANDOM MUSSINGS ON GOV. ZULUM’S 3RD YEAR 2ND STANZA.

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By: Inuwa Bwala. inuwabwala3@gmail.com

By the time I put down my pen, the media space would have been awash with narratives about the achievements of Mr President and governors, as a mark of celeberation of their third year in office.
I will not bother chronicling what will be told of their achievements, rather I want to look into the curious magic wand that made my own governor to stand differently tall.
One will not find the definition of title coinage for this piece in any conventional English lexicon, but no Nigerian will claim ignorance of what it signifies in our present governance discourse.
Many words have today been personified after certain people, who popularize an idiosyncritic mannerism.
And so, in Borno’s 15-year war against insurgency, Governor Babagana Umara Zulum seem to have chosen an unconventional playbook: governance style, reminisceint of an emergency doctor, not a distant administrator, which led to above coinage.
Three idiosyncrasies define his second term in particular, and the gains are showing on the ground to the effect that, these idiosyncracies gave rise to the coinage: Zulumfication.

Zulum’s trademark has been his unannounced visits; 2am checks on General Hospitals, surprise trips to IDP camps in Monguno, Baga, Damboa and others. Sudden stops on bad roads in Gwoza and unsheduled night overs in dangerous localities, as his routine.
He inspects projects with torchlight and asks hard questions: sometimes sacking absentee staff on the spot.
And the gains have added speed and discipline to government Contracts and civil servants.
They promptly deliver, knowing Zulum could appear any day any time.
This obviously explains how, 238 projects got completed in year one of his second term and 1,195 projects in five years. That urgency earned Governor Babagana Umara Zulum the Nigeria Union of Journalist’s Good Governance Award on Education in 2023.
And while Borno spent about N100bn on security in 2025, Zulum kept prioritizing people, with N727m going to 28,801 tertiary students. N1.5bn covered nursing students’ fees, besides the cash support reacheming 343,293 women.
His logic, has been that, “Education is the real antidote for insurgency. The payoff is human recovery.
Records indicate that, over 1,000 teachers were recruited, 150+ schools rebuilt, and the 104 Mega School Initiative launched. And so, when President Tinubu commissioned three mega schools in Maiduguri in 2026, he called them “tangible evidence of effective governance.” Kids who once hawked on Maiduguri streets are back in class because opportunity replaced despair.

Again, Zulum is known to have zero tolerance for waste. He has queried commissioners live on TV, sacked ghost workers, and confronted contractors who abandoned sites. It nay be uncomfortable in politics, but it works. Borno scored 89.7/100 on the 2025 Governance Accountability & Transparency Index, up from 86.3 in 2024, ranking among Nigeria’s top 10. Ministries now expect scrutiny, and leakages have shrunk.

Zulum blends this with reconstruction plus reconciliation. While 20,000+ resettlement homes house over 1 million returned IDPs, his “Borno Model” has convinced 200,000+ fighters and families to surrender and got reintegrated. Markets in Bama, Dikwa and Gwoza are reopening. Roads are being rebuilt, though insecurity still stalls some projects in southern Borno.

He remains low-profiled but with very high-output, avoiding political noise and letting the work speak. The Muslim News Nigeria honored him with its 2025 Transformational Leadership Award for “courage, accountability, compassion.”

Perfection is not claimed. Pockets of violence persist, and security costs strain finances, but Zulum’s style proves a point
In a crisis situation, presence builds trust, empathy rebuilds people, and accountability restores institutions. Borno is moving from “state of emergency” to “state of reconstruction” — one unannounced visit produces uncommon results.
Thiese in my opinion are amingst the exceptional things governor Babagana Umara has done, which have given rise to his national acclaim as an outstanding performer.

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Opinion

Aondoakaa, a Leader Who Opens Doors: My Personal Story of Chief Michael Kaase Aondoakaa, SAN

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By Iorwuese Tyopev, PhD

Chief Michael Kaase Aondoakaa, SAN, is, in my experience, a transformational leader, and I can personally testify to this from years of direct engagement with him.

Although I initially knew him only casually as an elder brother from Ushongo, our relationship deepened when I approached him to patronise the business I managed as a hotel manager in Abuja. From that point, Siman Suites in Garki became his preferred accommodation whenever he was in the Federal Capital Territory.

Each time he was travelling to Abuja, his usual call would come: “Tyopev, my brother, please keep a room for me, I’m on my way.”

A defining moment in 2006

One of the most memorable moments in our relationship came in 2006 when he was conferred with the rank of Senior Advocate of Nigeria (SAN). For his swearing-in ceremony at the Supreme Court, he booked almost the entire hotel for family, friends, and well-wishers who travelled from far and near to celebrate with him.

Beyond the business value, his consistent patronage strengthened my professional standing at the time and positively influenced my performance evaluation at work.

Continued relationship in public service

Our relationship continued after his appointment as Attorney General of the Federation and Minister of Justice in July 2007 under the administration of President Umaru Musa Yar’Adua.

Coincidentally, around the same period, my late boss, Senator J.I. Akaagerger, was elected into office and invited me to serve as his Senior Legislative Aide at the National Assembly. Chief Aondoakaa also expressed interest in bringing me into the Ministry of Justice as an aide. Although I chose to remain with my principal at the National Assembly, he respected my decision and maintained a cordial, brotherly relationship with me.

Prison decongestion intervention

Shortly after assuming office as Minister, he launched a prison decongestion initiative. In September 2007, I submitted an application requesting allocation of prison decongestion cases. He immediately asked whether I had legal representation, and upon confirmation, he promptly assigned several cases to me.

That support continued throughout his tenure until 2010.

Career support and mentorship

By mid-2008, I expressed dissatisfaction with my role at the National Assembly. He advised patience and assured me of better opportunities.

True to his word, in January 2009, he informed me of an opportunity with Dr Paul Orhii, then Director-General of the National Agency for Food and Drug Administration and Control (NAFDAC), who agreed to engage me as Special Assistant.

Although I resumed duty, I was later informed—within 30 days—that my services were no longer required due to a change in preference. Chief Aondoakaa was abroad at the time, but upon his return, he reassured me, saying: “Don’t worry, another opportunity will come.”

New opportunity at NAPTIP

Shortly after, I was invited to his residence in Apo, where I met Barr. Simon Chuzi Egede, MON, who had just been appointed Executive Secretary of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP).

There, I was informed that I would serve as Special Assistant to the new Executive Secretary.

In a remarkable turn of events, I received my appointment letter the next day as Special Assistant at Grade Level 16 Step 5, along with an official vehicle and chauffeur. I was also integrated into top management committees and exposed to both national and international engagements.

End of an era and lasting gratitude

Following the death of President Yar’Adua in 2010 and subsequent political changes, Chief Aondoakaa left office as Minister, which also affected my position at NAPTIP due to its political nature.

Looking back, I remain deeply grateful to Chief Michael Kaase Aondoakaa, SAN, for his loyalty, mentorship, and willingness to uplift others.

Some leaders inspire with words; others transform lives through action. Chief Aondoakaa, in my experience, belongs firmly to the latter category.

NB: This is Part 1 of a series of reflections on my personal experience with MKA, highlighting his mentorship and support to those around him, shared in anticipation of his birthday on June 12.

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Opinion

Odua People’s Assembly defends NSA Ribadu, criticizes Ishola Williams’ call for removal

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The Odua People’s Assembly (OPA) has come out in defense of National Security Adviser (NSA) Nuhu Ribadu, condemning recent remarks by retired Nigerian Army General Ishola Williams calling for Ribadu’s removal.

In a statement issued by OPA Chairman Richard Olatunji Kayode, the group described Williams’ comments, made during a Channels Television interview on March 15, 2026, as “irresponsible and counterproductive,” arguing that they lacked factual basis and risked undermining efforts to address Nigeria’s security challenges.

“His assertions lack factual support and are driven more by emotional manipulation than by evidence-based reasoning,” Kayode said. “Such rhetoric contributes to a culture of ‘permanent pessimism’ that undermines the morale of our security forces and the integrity of our national institutions.”

Kayode emphasized that irresponsible criticism, unlike constructive feedback, damages reputations, fosters mistrust, and distracts from meaningful solutions.

He urged that public discourse focus on actionable measures rather than unsubstantiated accusations.

The OPA highlighted Ribadu’s proactive initiatives, including the National Forest Guard programme, as well as his record as former Chairman of the Economic and Financial Crimes Commission (EFCC), where he gained recognition for anti-corruption efforts.

“Under the leadership of President Bola Ahmed Tinubu, Ribadu has been recognized for his effectiveness in combating banditry and terrorism. His ability to coordinate security forces and solve criminal cases demonstrates his competence and dedication to public safety,” Kayode said.

The group called on influential Nigerians to engage in responsible and constructive dialogue on national security issues, urging Williams to reconsider his position and contribute to solutions rather than criticism.

“Our collective responsibility is to foster an environment of trust, collaboration, and constructive criticism, ensuring that our security forces are equipped and supported to protect our great nation,” Kayode concluded.

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