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Nigerian Guild of Editors Commends Federal High Court Over Perpetual Order Against NBC

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The Nigerian Guild of Editors (NGE) has commended the Federal High Court Abuja, over its order of perpetual injunctions restraining the National Broadcasting Commission (NBC) from imposing fines on broadcast stations in the country.

Ruling on originating motions marked: FHC/ABJ/CS/1386/2021, instituted by the Incorporated Trustees of Media Rights Agenda against the NBC – as sole respondent in the suit, Justice James Omotosho, also set aside the N500, 000 fines imposed on March 1, 2019 on each of 45 broadcast stations.

The judge also held that the NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.

He further held that the Nigeria Broadcast Code, which gives the commission the power to impose sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law.

In a statement signed by its President, Mustapha Isah and the General Secretary, Dr. Iyobosa Uwugiaren, on Wednesday, the Guild saluted the courage of the MRA – for testing the draconian NBC Act, saying the judgement has vindicated the position of the editors that NBC could not appropriate the constitutional responsibility of the judiciary arm of government.

‘’Justice Omotosho’s ruling on Wednesday vindicated our consistent position over the years that the NBC cannot be the accuser, the investigator and the judge on matters relating to alleged breach of the Broadcast Code.

‘’Our position has always been that an independent body or institution should be the one to examine any perceived infraction by the broadcast stations, which should be given the opportunity to defend themselves.

‘’The court is right in its ruling – by saying that it would not sit idle and watch a body imposing fine arbitrarily without recourse to the law’’, the Guild stated.

The court yesterday said that the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.

The judge agreed that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body such as the NBC to enforce its provisions cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.

He also agreed that the commission, not being Nigerian police, had no power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions.

“This will go against the doctrine of separation of powers”, he said.

Justice Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much powers in one organ.

The umbrella of all the editors in Nigeria reiterated its earlier resolution to engage the incoming government and other stakeholders over the NBC Act and the Broadcast Code of Conduct – with the aim to amend and reform them to conform to the global best practices.

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2027: Hurdles Before The Coalition, By Emeka Monye

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The 2027 presidential election in Nigeria is shaping up to be a crucial contest between the ruling All Progressives Congress (APC) and a potential coalition of opposition parties. Several hurdles need to be overcome for the opposition coalition to succeed.

The political class is already preparing for this quadrennial event, holding consultations, meetings, negotiations, among other contending factors.

The ruling party, The All Progressive Congress, appears to be the most beautiful bride at the moment as members of other opposition parties have been courting the party, in a gale of defections, in what many political pundits and analysts described as a political tsunami.

While the APC seems to be enjoying the foray of defections by other party members into their fold, the main opposition party, The Peoples Democractic Party, PDP, appears to have lost its steam in the run of play.

The once dominant party is plagued by a series of internal crises which many political analysts believe will be the party’s undoings.

The once largest political party in Africa and oldest in Nigeria since it was created in 1998 by some elder statesmen, is now a shadow of itself, living in past glory and trying to win its way back to national prominence.

Already, some past and present leaders of the party have been consulting, negotiating, discussing, even though they have agreed yet, all in a bit to wrestle power from the stronghold of the Bola Tinubu-Led APC at the centre.

Former Vice President Atiku Abubakar, Former Presidential Candidate of the Labour Party in the 2023 General elections, Peter Obi, former Governor of Kaduna state, Nasir El-Rufai, among other bigwigs, are believed to be in talks with one another of how to build a possible coalition to edge the ruling APC in the power game.

Although, no concrete decision has been reached by the major actors, their negotiations and their inability to reach a consensus remain critical factors that might endanger the birth of a viable coalition.

Factors like who will step down for who as the realignment begins, remains a major issue, taking into consideration their individual experiences, exposures, skills, knowledge, capacities and egos.

Except this issue is resolved in the run up to the 2027 presidential polls, it will be a mirage for them to unseat the Tinubu-Led government.

While the running party is busy strategizing ahead of the 2027 presidential polls, the other parties are still grappling with their internal crisis.

Some analysts believe that Atiku’s past experience as Vice President under the regime of Olusegun Obasanjo, might give him an edge, while others think Peter Obi’s popularity in the South could bring a geographical balance to the ticket.

For them to form a strong force against the APC, then, they must find common platform and agree on a candidate, which might be challenging given their different ideologies and interest.

Other factors which some political analysts have highlighted that may pose as a stumbling block agents the coalition is the timing. The time between and 2027 is quite a short time for the coalition to gather and make the desired impact.

This of course, is no brainer. Any merger of alliance must be arranged within a reasonable timeframe to be effective. Also, the coalition will have to convince the Nigerian voting public of its purpose and demonstrate a clear vision for the country’s future, particularly in the area of addressing the economic misfortunes of majority of the people. Another hurdle that would be staring the coalition in the face remains the issue of power rotation.

While the south believe it’s that turn to complete their second term in 2027, the north on the other hand argue that they have been short-changed in the governance structure of the country – in terms of number of years – since the return of democracy in 1999.

Out of the total 26 years, the north has ruled for 11 years, with the south 15 years. The issue remains a key factor that would affect the coalition to birth.

The coalition, must as a matter of urgency, decency decide on this unwritten agreement about rotating power between the North and the South, potentially present a southern for one term to allow the South to complete its own two terms for the office of the president.

In conclusion, the coalition, if it really wants to win power in 2027, must make a compelling case for itself, highlighting its unique strengths and vision, rather than just criticizing the incumbent.

It needs to differentiate itself and show Nigerians that it has a better alternative.

Emeka Monye Is A Journalist And Works With ARISE NEWS.

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Mauritania’s Tah succeeds Adesina as 9th AfDB President

Tah was elected to succeed Adesina after rounds of voting conducted by the AfDB Board of Governors during the Bank’s Annual Meetings held in Abidjan, Côte d’Ivoire.

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Mauritania’s Sidi Ould Tah has been elected as the ninth president of the African Development Bank Group (AfDB) as Nigeria’s Akinwumi Adesina prepares to bow out.

The Bank announced his election on its website on Thursday.

Adesina’s 10-year tenure will end this year and Tah is expected to assume office on September 1, 2025.

Tah was elected to succeed Adesina after rounds of voting conducted by the AfDB Board of Governors during the Bank’s Annual Meetings held in Abidjan, Côte d’Ivoire.

The Board comprises finance ministers and central bank governors from the Bank’s 81 member countries.

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JUST IN: Appeal Court Affirms Okphebholo as Edo Governor

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‎‎The Court of Appeal in Abuja has affirmed Monday Okphebholo as duly elected in the September 21, 2024 Edo Governorship polls, as it affirms the decision of the Tribunal which on April 2 dismissed the petition of Asue Ighodalo of the People’s Democratic Party (PDP) for lacking merit. ‎‎

A three-man panel of the Appeal court, presided over by Justice Mohamed Danjuma, restated the position of the Tribunal which held that the PDP failed to provide sufficient and credible evidence to substantiate their claims of electoral malpractice, irregularities, and non-compliance with the Electoral Act.‎‎

The panel held that the PDP failed to provide sufficient and credible evidence to substantiate their claims of electoral malpractice, irregularities, and non-compliance with the Electoral Act. ‎‎

The Appellate Court agrees with the Tribunal that the Bimodal Voter Accreditation System (BVAS) Machines which the appellants tendered were merely ‘dumped’ as they weren’t demonstrated to prove overvoting.

‎‎This the Court held after it earlier expunged the 133 BVAS machines admitted in evidence at the Tribunal stage of the Governorship tussle. ‎‎

Ighodalo and the PDP were further faulted by the Appellate Court for failing to tender the voter register to prove overvoting.

The Court further adds that BVAS extract doesn’t constitute items with which to prove overvoting. ‎‎It says the documents tendered by the PDP at the Tribunal did not, on their own, prove overvoting, non-holding or cancellation of elections at the polling units.

‎‎To further puncture the case of the PDP, the panel says the 19 witnesses called by the appellants during the Tribunal hearing didn’t help their case.

It says the majority of them did not witness what they spoke about. Moreso, it adds they were insufficient to prove irregularities in polling stations at over 4,000 locations.

‎‎Nigeria’s electoral body, INEC, had declared Okpebholo the winner with 291,667 votes, against Asue Ighodalo of the PDP who garnered 247,274 votes.

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