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

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 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
Opinion
Aisha Yesufu Reacts to Soldiers’ Frustration Over Presidential Rewards to D’Tigress, Super Falcons

By: Fabian Apechihin
Political activist Aisha Yesufu has raised concerns about growing discontent within the Nigerian military, following the federal government’s generous cash gifts to national female sports teams.
In a social media post, Yesufu disclosed that several soldiers had privately voiced frustration over what they perceive as the government’s continued neglect of their welfare, particularly when compared to the lavish rewards given to the Super Falcons and D’Tigress.
“I’ve seen a number of soldiers complaining about the $100,000 gift awarded to both the female football and basketball teams,” Yesufu wrote.
She directed her criticism at the National Security Adviser, Nuhu Ribadu, questioning whether any effort had been made to ensure President Bola Tinubu—whom she described as having “rigged office to become Commander-in-Chief”—had personally engaged with troops or taken steps to uplift their morale.
“Has Nuhu Ribadu thought it fit to ensure Mr. Tinubu speaks to the soldiers, visits them, or even sends a message to give them a reason not to feel disillusioned?” she asked.
Yesufu warned that continued neglect of the military’s welfare could have serious consequences for national security, suggesting that low morale could lead to dangerous outcomes, including potential sabotage from within.
On Monday, President Tinubu hosted the victorious D’Tigress team at the State House, rewarding each of the 12 players with $100,000 and the technical crew with $50,000. The team had recently claimed their fifth consecutive title at the 2025 FIBA Women’s AfroBasket Championship in Abidjan, Côte d’Ivoire.
Similarly, the President rewarded members of the Super Falcons with $100,000 and three-bedroom apartments each for winning the Women’s Africa Cup of Nations (WAFCON). Technical staff were given $50,000, and all players were also conferred with the national honour of the Order of the Niger (OON).
However, many Nigerian soldiers have taken to social media to express outrage, pointing out the stark contrast between the treatment of athletes and military personnel. They highlighted the dangers they face daily, often earning less than ₦100,000 per month, with some dying in combat just weeks after enlisting.
“Where did Nigerian soldiers go wrong?” one soldier asked online. “The Falcons played for one month and got ₦150 million and apartments. Meanwhile, some of us earn less than ₦100k, and senators take home more in a month than we will earn in 35 years.”
Let me know if you’d like a more formal or more opinionated version.
Crime
The Arrested Benue 53: Critical Reflections

By: Fabian Apechihin
For law-abiding Nigerians, there is some consolation in the announcement by Inspector-General of Police (IGP) Kayode Egbetokun that 53 individuals have been arrested in connection with acts of terrorism in Benue and Plateau States. Yet, this development raises more questions than it answers. It is telling—and troubling—that the Nigeria Police Force only sprang into action after President Bola Tinubu publicly demanded accountability during a visit to Benue, where over 200 people had been killed.
At Yelwata, the President pointedly asked the IGP, “Where are the arrests?” and insisted that “criminals must be arrested immediately.” Other security agencies were also indirectly rebuked and urged to enhance their intelligence-gathering and operational strategies to prevent future atrocities.
While Tinubu is the commander-in-chief, it is not his role to micromanage the police or military. He has broader responsibilities and should be able to rely on professionals to carry out their duties proactively. It is disheartening that law enforcement agencies, despite being constitutionally empowered and adequately resourced, waited for a presidential directive to act.
The Police Act clearly mandates the Force to prevent and detect crime, apprehend offenders, and maintain public order. That this mandate needed reinforcement from the President reveals an institutional failure. Still, now that some arrests have been made, Nigerians hope this isn’t just a performative gesture. The arrests must lead to thorough investigations and fair prosecutions—without scapegoating the innocent for the sake of optics.
Unfortunately, public confidence in the security apparatus is already worn thin. In January 2024, coordinated attacks in Bokkos and Barkin Ladi LGAs of Plateau State left over 150 dead—despite the presence of ‘Operation Safe Haven.’ No arrests were announced, perhaps because no high-level order demanded them.
Several past incidents feed into this scepticism:
- Lack of Political Will: Successive administrations have not decisively tackled terrorism. Statements condemning attacks are often vague or contradictory, and concrete action is rare.
- Unresolved Cases: After the June 2022 massacre of 40 worshippers at a Catholic church in Owo, the then Chief of Defence Staff claimed five suspects were arrested. But they were never presented to the public, and the case quietly faded from public discourse.
- Terror Financing: In March 2024, the federal government named 15 individuals as terrorism financiers. The law is clear on their prosecution, yet there’s been little public follow-up or accountability.
- Flawed Reintegration Programme: Rather than facing justice, many self-proclaimed repentant terrorists are admitted into the government’s ‘Operation Safe Corridor’ for rehabilitation. Over 800 such individuals have reportedly been processed, with some later reoffending or causing unrest in their communities, as lamented by 59 Borno district heads in April 2024.
- Complicity Within the System: Several leaders, including the Plateau and Borno State governors, have acknowledged the presence of informants and collaborators within the military, political circles, and even local communities. The current Chief of Defence Staff, General Christopher Musa, also suspects insider collusion in the pattern of attacks. The Tor Tiv, James Ayatse, described the Benue killings as a “calculated, full-scale genocidal invasion,” and Pope Leo IV called it “a terrible massacre.”
- Failed Negotiations: States like Kaduna and Katsina previously attempted to negotiate and pay off terrorists, only to face betrayal. While Northwest governors now claim they’ll refuse further negotiations, fulfilling that commitment may prove difficult given persistent infiltration and internal sabotage.
Terrorists are not invisible. They move in convoys, seize military installations, and even occupy towns—all in plain sight. With the technology and intelligence available today, their whereabouts should not be a mystery.
According to civil society reports, over 2,400 people were killed and nearly 1,900 kidnapped in just the first eight months of the Tinubu administration. Adding the more recent killings in Plateau, Benue, and other regions, the death toll is now in the thousands.
Nigeria is facing a grave existential threat. Yet, there seems to be a disturbing complacency among those entrusted with the nation’s security. Given the strong promises in the ‘Renewed Hope’ manifesto, the Tinubu government must do more than offer rhetoric. It must act.
The perpetrators of the Yelwata massacre—and others across the country—must be swiftly and transparently prosecuted under the Terrorism (Prevention) Act. Anything less will only reinforce the pattern of impunity that has plagued the country for years. Real accountability will send a message to terrorists—and reassure Nigerians that the cycle of inaction ends here.
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Opinion
The Changing Trajectory Of Governor Zulum’s Development Initiatives In Southern Borno

By: A G Abubakar
The last outing by HE Professor Babagana Umara Zulum to Biu in Southern Borno, where multiple capital projects were either commissioned or initiated, signified a strategic shift towards inclusion and fair play. It was a masterstroke that had the potential to engender unity and balanced development in the region. This is aside improving the deteriorating political and ethno-religious relations and the concomitant mass discontent in the affected zone(s). Kudos to His Excellency!
The citizens’ hunger for development should be seen as a legitimate aspiration. And, meeting such expectations (reasonably) should naturally be the guiding principles of governance that successive administrations in the state seemed to have jettisoned. A development that has since created a feeling of distrust between the government and the governed in the zone. The people believe, and rightly too, that they have no other polity to call their own apart from Borno State and, as such, deserve to be treated fairly in its affairs.
Professor Zulum may be a “new convert” to this noble philosophy but he seems to have his hands on the right handles going by the strategic nature of the dividends of democracy (infrastructure) his government is extending across parts of the Borno South. And, the Professor-Governor seems to be doing this, not only with the needed expediency but in style too.
The governor inaugurated (commissioned) “a state-of-the-art eye and dental hospital as well as a mega secondary school in Miringa-Biu, Biu LGA” of the state. The eye hospital is a 40-bed ophthalmological care centre. “Similarly, the dental hospital will provide comprehensive oral health services including preventive care, orthodontics, and restorative treatments.” The Mega school in Miringa has the capacity to accommodate 1,300 students students. The school consists of 60 classrooms, 4 laboratories, and an ICT centre.
Apart from the executed projects in Biu, His Excellency ordered the construction of 5 new hospitals in the state, with two coming to Askira and Uba towns in Southern Borno. The others are Gubio, Mafa, and Dikwa. To boost MSMEs in the zone, the governor launched a billion naira (N1 billion) support fund for the initiative. Governor Zulum equally laid the foundation for the construction of 600 housing units across Biu, Hawul (Borno South),Gubio, and Magumeri, with a view to addressing the housing deficits in these communities.
Not long ago, the governor was at the forefront at saving the Nigeria Army University (NAUB), Biu. His administration equally facilitated the take-off of the Federation College of Education, Gwoza, as well as that of the Federal Orthopaedic Centre in Azare, Hawul LGA.
It is common knowledge that governance is about the management of aggregate interests. Interests that may, at times, be even conflicting. It is also about inclusion and equity.
For long, the powers that be in Borno have been perceived as lacking in terms of the sense of proportion, especially in the distribution of capital infrastructure across the state’s constituent parts. For nearly two decades, capital projects have been domiciled in Maiduguri, the seat of government.
Mega schools, tertiary institutions, hospitals, urban renewable schemes (overhead bridges, mass transit systems, etc), support to MSMEs, have all been concentrated in Maiduguri.Thus, turning the polity into a one city-state that left the northern and southern Borno enclaves out. The former is due to the Boko Haram/ISWAP insurgency campaigns in the region, while the latter may not be unconnected with Nigeria’s zero-sum geopolitics underpinned by the tyranny of number.
The state of things, however, seems to be changing for the good of all. Governance is becoming more responsive by exhibiting some modicum of fairness in state craftsmanship.The people need to reciprocate the positive gesture. Trust is crucial in governance, though it has to be earned. The recent action by the government also needs to be sustained in order to maintain public trust.
Like Oliver Twist, the central character in Charles Dickens’ seminal work (1838) of the same title, the people are yearning for more. They wish to remind the Borno State government that the Biu Dam is still uncompleted after almost 40 years! The Damboa to Biu highway, as well as the Damaturu-Biu- Garkida road, need the government’s intervention, too. The poor state of the roads have rendered large chunks of the state a safe haven for Boko Haram/ISWAP. Mobility is a critical factor in prosecuting wars and in securing public support as well.
Apart from the major highways, the Borno State government initiated a rural road development programme to boost economic activities, especially agriculture and commerce. Gunda communities in Biu LGAs and some others in Chibok, Askira/Uba, etc, were identified, and work commenced. Two years down the line, nothing has been done, leaving the affected communities frustrated as they see their hopes gradually getting dashed. For some inexplicable reasons, the Miringa-Garubula-Gunda, feeder road with a possible extension to the border towns of Galabinda and Tattaba, basically remains abandoned.
The State College of Agriculture, Damboa, is still being housed in Maiduguri, the state capital. Attempts should be made to move it to its permanent site after almost three decades. Not forgetting the need to facilitate the return of thousands of Borno citizens pushed into refugee camps in neighbouring Cameroon and Niger.The government’s credibility is at stake with regard to these issues.
The people of Borno South salute the governor, His Excellency, Professor Zulum, for the commendable paradigm shift. May it be a sustainable one.
A.G.Abubakar agbarewa@gmail.com
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