Opinion

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

Published

2 years ago

November 23, 2023

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;

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.

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.

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

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.

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.

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.

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 6^th 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

Opinion

Ben Okezie Kalu: The Lawmaker in Our Hearts

Published

3 months ago

December 20, 2025

Our Reporter

By Kassim Omomia

We have watched Ben Okezie Kalu the deputy speaker of the House with all admiration. He exudes humour, humility and hardwork.
Kalu did not catch our glimpse from the wrong side but from a prism of competence, dedication and above all patriotism in his legislative duties. Even though we may not have a full grasp of Okezie’s elementary political life up till his ascension to the exalted office of Deputy speaker, House of Representatives, Federal Republic of Nigeria, but it is on record that he served extremely well and meritoriously when as a first time member of the House of Representatives he was chairman Media and Publicity committee, doubling as spokesperson and image maker.

Okezie stirred the House public outlook to the approval of Nigerians and the outside world,comparing that unit of the Nigerian bicameral legislature he managed its image to world parliaments, like the US Congress and the British House of Common,among others. At home, the House of Representatives earned “the Peoples Parliament” accolade “.
Recalling Okezie’s past,the nostalgia breeds excitement and a continuous commitment to legislative and representatives’ service to his people and the country.

Albeit these well delivered services, his underscoring accomplishments were reinforced by his promotion and advancement to the post of Deputy Speaker House of Representatives, a divine elevation to yet, many exalted offices to come.Kalu qualifies to be governor, and Vice President, even the President of this great country ,if young men are roundly supported for such enviable positions.

Notwithstanding, his Bills , motions are not watery but of immense value to democratic governance, systemic reforms and overall growth and welfare of Nigerians. Call it democratic dividends, the Bende constituents have never had it so good, until now. Similarly his quest for a people’s constitution brings to fore his worthy contributions in the current alteration of the1999 Constitution exercise which he midwife’s for the House of Representatives. He speaks continually about a people’s inclusiveness in people’s document. He speaks about equity, justice and fairness for all. He’s concerned about security, a community policing strategy where states look critically into domestic security and policing. Okezie speaks for all: about good life for Nigerians, not only the Abia people he represents.

Curiously, I have also come in good terms and stead with his leadership style, especially his legislative prowess in presiding, either as Speaker in Chair or Chairman at the Committee of Whole”,a serious and critical aspect of legislative business, where reports become laws made by the parliament. At this critical level of legislative engagement, Ben Okezie Kalu has performed extremely well ,surpassing past deputies. This scoring is without prejudice or gainsaying but with all modesty.

I have written about parliamentary activities,from plenary to investigative hearings, to deliberations and considerations of reports , either in Committee of Supply for money issues -budgets etc, since 2000. I have also been privileged to sit for longer periods listening from the gallery, deliberations at the “Committee of Whole’, a tedious and significant session of legislative processes and never seeing a deputy speaker as pragmatic and intelligent like Kalu. it takes a Chair that is not lazy but with dexterity, humility, patience and resilience to succeed in any report consideration at the “Committee of Whole”.And one former deputy speaker who comes close to Kalu in assesment was Hon Lasun.But with this current Deputy Speaker, the magic wand to navigate these trying moments where every member appears uninterested in their legislative function, is unprecedented.

Two manoeuvres that beat my imagination and exhibit Kalu’s superb style is his smooth management of deliberations and final consideration of the 2025 Electoral.Amendment Bill and the passage of the 2026-2028 MTEF and FSP, on Thursday December 18 2025, few moments to the 2026 Budget presentation by President Ahmed Tinubu to the joint session of the National Assembly.

His mental alertness, understanding of the subject matter, his assessment of the mood and psyche of the members and his strategic demeanour coupled with the patience and resilient approachas well as his humility, diplomacy in getting an unwilling session sit for hours, unknowingly to the members that they had sat for so long and passed a record two critical national assignments, still leaves even the members amiss how it began but ended well.

For over two weeks now, there have been several adjournments to consider the Electoral amendment Bill. The constraints at times point to the inconsequential number of members in session , or when there’s a seeming quorum, inertia and unwillingness sets in.
According to checks, members’ lacklustre attitude in these ending times, come from failed promises from the executive branch such that it was gathered that the lawmakers were adjourning for the yuletide break without cash -backings.This development not only worries the legislators who are at a loss over how to satify their insatiable constituents during the Christmas festivities, but has resulted to the lethargy displayed by them in carrying out their statutory duties of law making . Fears are that, the members may not chorus “on your mandate we stand”, going forward, especially on 19 Friday December 2025, when the President presents his 2026 budget to the joint session of the National Assembly
While the outcome of that session is awaited, the success gained in the House of Representatives for completing and finally passing the MTEF/FSP in record time and upon which premise President Tinubu submits the 2026 Appropriation Bill, after the Senate hurriedly put out their own since Tuesday evening,underscores the goodwill the deputy speaker enjoys from his colleagues,expectedy due to his humility and resilience,such that in over six- unstoppable hours, he successfully managed a tensed session to effectively pass the MTEF and Electoral.amenment Bill. This is all kudos to a young PAN- Nigerian legislator in our hearts

That Ben Okezie Kalu displays an uncommon leadership acumen, which promotes unity and which with he won the hearts of all who sat in plenary on that faithful Thursday 18 2025,is an understatement . This is so because all the lawmaker at that Thursday session,wether Hausa, Fulani, Yoruba,Edo, TIV ,Idoma,Gbagy and of course Ibo were in sync with, aligning with his master stroke with which he chaired that earlier unpredictable session that later became a huge success. I have a dream that Ben Okezie Kalu shall accomplish more in his political career, given his character, competence and leadership capacity.

He will excel beyond this time, tide and position. Ben Okezie Kalu is the lawmaker in our hearts and qualifies for our award as ‘ A Legislature- Exemplar’ even as we watch him deliver again during the final voting of the alteration to the 1999 constitution ( As Ammended) in the days to come.

Kassim Omomia of the Bigeyeonline writes from Abuja

Opinion

MAKING THE OIL AND GAS SECTOR WORK FOR CITIZENS: NUPRC RESCUE MISSION

Published

3 months ago

December 17, 2025

milcah

By James Itodo

The Nigerian oil and gas sector, since its discovery, exploration, and exploitation at the turn of the century, has become the goose that lays the golden egg, likened only to the much-sought-after bride.

This is because oil, and later gas, remained the main economic sustainer, accounting for virtually all the revenue utilised for the economic sustainability and stability of the country—a nation driven by a monolithic economy.

Various attempts at sustaining its viability failed because those reforms lacked the necessary ingredients and the political will of their drivers to succeed. Moreover, the temptation of the enormous amounts generated, and the ease of generating this revenue, became stronger than the moral responsibility and patriotic devotion of the country’s leaders, causing various rulers to rely completely on oil while abandoning or ignoring agriculture and every other means of generating revenue, including all forms of diversification and integration.

The present Nigerian Upstream Petroleum Regulatory Commission (NUPRC) was born out of necessity: first, to inherit the abnormalities of the past; and second, to set in motion reforms aimed at effectively repositioning the sector. Key among these is strong political will and the appropriate sensitisation of the country’s political leaders to look beyond oil and gas revenue and think towards diversification.

To carry this out effectively, there is a need to build trust and confidence on the fulcrum of accountability and transparency.
So far, the verdict has been positive. The basic recipe for repositioning and bringing about a volte-face in the sector is now present: accountability and transparency.

A new era, based on a better concept of transparency and accountability, is enhancing the effective repositioning of the Nigerian oil and gas sector, which will work for the overall benefit of all citizens and indeed residents.

Today, Nigerians are now seeing the oil and gas sector as a blessing, with transparency and accountability becoming the fulcrum of operations at the NUPRC.

There is no doubt that, for decades, Nigeria’s oil and gas sector was a cesspit of abhorrent and odious corruption, coupled with mismanagement—a centre of graft, earning the moniker “resource curse.”
Instead of bringing blessings to the country, it became an avenue for self-aggrandisement and self-enrichment at the detriment of national interest, economic growth, prosperity, and development.

As a whole, the sector’s opacity and lack of accountability led to widespread corruption, where the few who had access to this national wealth enriched themselves and their families—buying choice houses at highly exorbitant prices in prime cities of the world and sending their children to schools abroad on ear-splitting school fees, all with our common patrimony—at the expense of the country. This resulted in environmental degradation and human rights abuses, leaving citizens with little to show for the country’s vast oil resources, world oil production status, and its derived and associated wealth.

However, a new dawn has emerged with the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) leading a rescue mission to reposition the sector with renewed vigour, intentionality, and patriotic commitment under the leadership of Engr. Gbenga Komolafe, who has turned the NUPRC into a beacon of hope for Nigerians.
Unambiguously, the NUPRC’s commitment to transparency is demonstrated through its proactive disclosure of key industry data—which had previously been shrouded in obscurity—including production figures, revenue streams, and contract awards.

The demystification and openness of this key information have greatly enhanced the fostering of trust and confidence among stakeholders, including local communities, civil society organisations, and international partners.
Another signature reform is the strengthening and implementation of the Nigeria Extractive Industries Transparency Initiative (NEITI), which ensures that oil and gas revenues are transparently tracked and accounted for, thereby reducing corruption and ensuring that revenues are channelled for the overall benefit of all citizens.

Projecting the ideals of the Renewed Hope Agenda of the Tinubu-led administration, the NUPRC has also prioritised increased utilisation of local content development, bringing on board many more Nigerian companies to participate in the oil and gas value chain, thereby creating more jobs, stimulating economic growth, and empowering local communities.

The sector’s transformation is an unequivocal demonstration of the power of transparency and accountability.
Daily, Nigerians are beginning to see oil and gas resources as a direct blessing rather than a curse, with a sector and operators poised to drive economic growth, create jobs, and improve living standards.

However, this is just the beginning; the journey is far from over, and the best is yet to come—for all of us.
While Nigerians holistically embrace these reforms, they must also continue to demand transparency and accountability from their leaders, while the NUPRC’s efforts must be supported and sustained to ensure that the sector remains a catalyst for national development.

There is no doubt that the oil and gas sector can be a powerful catalytic tool for poverty reduction, wealth creation, and economic transformation. This can be imminently and necessarily achieved when the NUPRC continues in its commitment to transparency and accountability, predicated on the resilience of Nigerians, who will look forward to a brighter future where their natural resources work for them, not against them.

It must be a collaborative and conscientious responsibility of all Nigerians not only to support the NUPRC’s efforts and reforms targeted at transforming the oil and gas sector but also to demand consistent transparency and accountability from our leaders, as this will ensure that our natural resources benefit all Nigerians, securing a brighter future for Nigeria and Nigerians.

Itodo writes from Abuja

Opinion

Chief Kaase Aondoakaa, SAN to Receive Ivaaniyange Chieftaincy Title

Published

3 months ago

December 10, 2025

milcah

The Tiv Supreme Council has announced that former Attorney General of the Federation and Minister of Justice, Chief Kaase Michael Aondoakaa, SAN, will be conferred with the Ivaaniyange chieftaincy title.

The title, according to the Council, recognizes individuals considered to have made notable contributions to the advancement and welfare of the Tiv people.

Chief Aondoakaa, a Senior Advocate of Nigeria, currently serves in various public and private sector roles, including Chairman, Endowment Fund Raising Committee at Joseph Sarwuan Tarka University, Makurdi. He also provides advisory support on foreign investment, entrepreneurship, and agricultural development. He is associated with the West African Rice Processors Association (WARIA) and the Rice Processors Association of Nigeria (RIPAN).

He is a member of the Nigerian Bar Association and the International Bar Association.

Associates describe him as a supporter of youth development and educational advancement. According to persons familiar with his philanthropic activities, he has supported scholarship initiatives and facilitated opportunities for several indigent beneficiaries over the years.

The Tiv Supreme Council stated that the new honour acknowledges what it views as his years of service in legal, governance, and agricultural sectors. The Council expressed confidence that he will continue to contribute to community development following the conferment.

Chief Aondoakaa previously received a traditional chieftaincy title, Tsar-U-Tiv Mba Sha Nasarawa, from the Mutual Union of Tiv People in Nasarawa State in 2008.

He has participated in various international engagements across Europe, Asia, the Middle East, the Americas, and Africa, representing Nigeria in official and professional capacities. He has also been recognised with awards by different organisations for what they described as service and excellence.

Chief Aondoakaa is a practicing Catholic and is married with children.

The formal conferment of the Ivaaniyange title is expected to hold in Makurdi on a date to be officially issued by the Council.