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Adegboruwa, SAN disagrees with 2 decisions of Presidential Tribunal
“In any case at all, witnesses on subpoena should not be made to depose to any statement on oath. It was the court that summoned the witnesses in the first place and they obeyed the order of the court to appear. In any event, subpoenas do not normally contain any directive for the witness to depose to any statement on oath. How then can the same court that commanded a witness to appear before it to testify turn around to disqualify the same witness, who is deemed to be a witness of the court? It just doesn’t add up.”
On electronic transmission of results, Adegboruwa wrote: “One of the contentious issues before the Court was that of electronic transmission of results by INEC. It was the contention of petitioners that had INEC followed its own guidelines for electronic transmission of election results real time, then there would have been no cases of manipulation or suppression of results. In this regard, the Court held that INEC is not under any obligation to electronically transmit election results. The Court relied upon the previous decisions of the Federal High Court and the Court of Appeal which it held were binding on the petitioners. First, this was a fresh election and the petition arising from it was between different parties and under totally different circumstances.
“The Court should have x-rayed the conduct of INEC in relation to the 2023 presidential election simpliciter, being the subject matter of the petition before it. INEC was not conducting the election of the Rotary Club but the 2023 presidential election in which over eighty million people were registered to vote and over N300B spent from the common purse.
“If INEC had through its own guidelines voluntarily made a contract with the people of Nigeria, the Court should hold it bound by that undertaking and/or at least extract cogent reasons why it could not be done. A lot went into the 2022 Electoral Act, the high point of which was electronic transmission of results, which was meant to remove or reduce human intervention in the electoral process.
“The decision of the Court that INEC is not mandated to transmit election results electronically is with due respect to their Lordships, a huge setback to election administration and management in Nigeria, as we will now go back to the days of manipulation, falsification of results and general violence, thuggery and even rigging. It has been said that the most potent form of rigging an election is the stage of collation and transmission of results. By endorsing INEC’s lapses, the Court has unwittingly reversed all the gains of the new electoral law on e-voting. The Court was too fixated on technicalities rather than dwelling on the substantive flaws and misconduct of the electoral umpire. We surely should not and cannot allow INEC to run away with all the mistakes and failures of the 2023 presidential election. If nothing else, we should use the opportunity presented by these petitions to identify the observable lapses associated with the presidential election with the aim of correcting them to avoid the ugly situation where they could be deployed to haunt us in future elections.”
The erudite silk, however, agreed with the Tribunal on the status of FCT Abuja and nomination of candidates.
On the status of FCT Abuja, he wrote: “In the 2023 presidential election, the candidate who was declared as winner did not receive 25 percent of votes from the Federal Capital Territory. It was the contention of the petitioners that failure to secure the mandatory 25 percent of votes from the FCT automatically disqualifies any candidate from being declared as winner of the presidential election. On this issue, the Court held that a candidate who has won up to 25 percent votes in each of at least 25 states in Nigeria, does not need to win 25 percent of the votes in the FCT Abuja. Abuja is one of the states in Nigeria; Abuja is not different from the other states, and does not enjoy any special status.
“I tend to agree with this decision. The FCT Abuja has only six area councils. The total votes cast for Senator Ireti Kingibe to represent the FCT in the last election is less than the votes cast for the Honourable Member of House of Representatives for Alimosho local government council, one of the twenty council areas in Lagos State, not to talk of Kano or Oyo States.
“What then would qualify the voters of FCT to be rated over and above other voters in Nigeria? Is it the mere fact of its geographical location or its administrative status as the federal capital city of Nigeria? The Constitution itself states in its section 42 that no citizen of Nigeria shall suffer any discrimination, disqualification or disenfranchisement to which other Nigerians are not subjected to by reason of his geographical location or circumstances of his birth. Is it an offence to be born in Port Harcourt or to live in Awka? Why should I suffer inferiority status because I voted in Ondo State compared to my fellow free born citizens who voted in the FCT? There is no reasonable logic behind this proposition at all. The FCT has no assembly but rather it is the National Assembly that makes laws for it, it has no governor and no life of its own beyond the federal government of Nigeria. Taking it further, by the principle of federalism, it is the FCT that should be rated lower in rank to the States.”
On nomination of candidates, Adegboruwa had this to say: “To my mind, the issue of who represents a political party in any election should strictly be the internal affairs of the party in question. Although the Electoral Act now confers locus standi on any interested person to challenge the eligibility of any candidate, this should be guided by the principle that an outsider cannot cry more than the bereaved. More importantly however, this issue was decided by the Supreme Court in May 2023 and some of the lawyers for the petitioners were said to have been involved in that case and indeed other cases wherein the issue of the status of the candidates had been resolved. It amounts to professional misconduct for a counsel who is aware of a decision of the Supreme Court that has decided an issue against him and his client to seek to relitigate the same issue.
“If at all this should be allowed, counsel owe a sacred duty to the court to make full and frank disclosure of the said case, by stating the facts of that case and the decision reached on it. He can proceed to state the reasons why he is taking a different position in the present case or why he seeks a departure from the previous decision. But by all means no one should ambush the court.”
News Express
Costa Rica’s Rebeca Grynspan was the front-runner after last month’s first informal vote, in which the council’s 15 members, including the five with veto power, pass judgment in secret on the candidates.
Argentina’s Rafael Grossi — the current head of the UN nuclear watchdog — is also a candidate along with Chile’s Michelle Bachelet, Ecuador’s Maria Fernanda Espinosa, Guyana’s Carolyn Rodrigues-Birkett, Uganda’s Olara Otunnu and Senegal’s Macky Sall.
After the first round concluded, Ecuador’s Ivonne A-Baki threw her hat into the race to succeed Antonio Guterres, who will complete his second five-year term on December 31, 2026.
“While the first straw poll set the scene for the Secretary-General race, the second may give us some direction about where it is headed,” said the International Crisis Group’s Daniel Forti.
“Diplomats expect fluctuations in the vote distribution compared to the July poll. Most will be watching to see whether the early front-runners consolidate their support or slip in the standings.
“It is unlikely that any candidate will emerge from (Friday’s) poll with a decisive lead.”
Forti said the veto-wielding nations — Britain, China, France, Russia and the United States — might wait until later to express their preferences, while new contenders could emerge.
Russia’s ambassador to the UN, Vassily Nebenzia, said Thursday he could not rule out that possibility.
“If, for example — I’m speculating now — if there is a deadlock on any of the candidates we are seeing today, if nobody… flies, then I think that we may see other candidates as well,” Nebenzia said.
Even if a candidate earns the required nine votes from the 15 available in the Security Council, they must also avoid a veto by the five major powers, which are deeply divided.
Once a candidate clears those bars, their name will go to the General Assembly of all UN members for confirmation.
The Security Council straw poll was devised in the early 1980s in an attempt to break a deadlock between two candidates shut down by vetoes.
The informal mechanism has persisted, in various forms, despite criticism from countries opposed to the opaque process.
“There is a good chance that some nominees realise after (Friday’s) vote that their campaigns have reached the end of the road,” Forti added.
Each member state must anonymously assign each candidate one of three labels: “encourage,” “discourage,” or “no opinion.”
That would give those with no support the opportunity to withdraw — though they are not obliged.
In the first rounds of the process expected to take several weeks, all ballots are the same colour.
But after an unspecified number of votes, the ballots of the five permanent members will become a different colour from those of the elected members, making it possible to identify potential vetoes, without knowing which country blackballed any given candidate.
It is tradition that the UN’s top job should rotate between different regions.
Under that premise, the role should go to a candidate from Latin America this time. There are many candidates from the region, though Sall and Otunnu hail from Africa.
The civilian-contracted plane crashed at the airport of the long-range radar site in Cape Newenham, on the state’s southwestern tip, the Alaskan Command said in a statement.
Rescuers who landed near the crash site “confirmed there were no survivors,” it said.
The statement did not say what those onboard were doing at the radar site, which tracks aircraft operating in Alaskan airspace.
“This is a devastating loss for our military family and the communities we serve,” said Alaskan Command chief Robert Davis.
“These individuals were dedicated professionals carrying out a vital mission in a demanding environment,” Lieutenant General Davis added.
The African Airlines Association (AFRAA) has admitted Enugu Air as Member, extending the Association’s membership base in Nigeria’s fast-growing domestic aviation market and reaffirming AFRAA’s commitment to supporting the continued development of African carriers across the continent.
This was announced by AFRAA in Nairobi on Wednesday, making Enugu Air the 50th Member of the association, joining the AFRAA airline fraternity, collectively representing more than 85 per cent of total international traffic carried by African airlines.
Speaking on the development on Thursday, AFRAA Secretary General, Mr Abdérahmane Berthé, said, “We are delighted to welcome Enugu Air into the AFRAA fraternity.
“As a state-backed carrier serving Nigeria’s rapidly expanding domestic market, Enugu Air represents the kind of homegrown investment that is vital to building resilient air connectivity across our continent.
“We look forward to supporting the airline through the IOSA certification process and to its continued growth within the AFRAA membership, as we work together to advance the cause of unified African skies.”
Reacting to the development on Thursday, the CEO of Enugu Air, Capt Tolu Ita, described the admission into AFRAA as a major milestone in the airline’s short history.
“We are honoured to join the AFRAA fraternity. This membership underscores Enugu Air’s commitment to safe, reliable, and affordable air travel for Nigerians while contributing to the vision of a unified African aviation market.
“We look forward to collaborating with fellow AFRAA members and leveraging the association’s support as we grow our network and pursue IOSA certification,” Tolu stated.
Founded on July 7, 2025, Enugu Air commenced commercial operations with a fleet of Embraer E170/E190/E195 aircraft.
The airline, which has its headquarters in Enugu and operates from the Akanu Ibiam International Airport, currently serves nine domestic destinations including Enugu, Abuja, Lagos, Port Harcourt, Kano and Benin City.
As part of the airline’s growth strategy, Enugu Air plans to expand further across Nigeria and, in subsequent phases, to launch regional and international routes across Africa, Europe, and beyond.
As part of its growth strategy, Enugu Air plans to expand further across Nigeria and, in subsequent phases, to launch regional and international routes across Africa, Europe, and beyond.
The admission of Enugu Air aligns with AFRAA’s strategic priorities and strengthens the voice of the association. Nigeria, as Africa’s most populous nation and one of its fastest-growing economies, remains central to the realization of a truly integrated African aviation market.
Meanwhile, AFRAA association, which was founded in Accra, Ghana, in April 1968, and headquartered in Nairobi, Kenya, has a mission meant to promote, serve African Airlines and champion Africa’s aviation industry.
The association envisions a sustainable, interconnected and affordable air transport industry in Africa, where African airlines become key players and drivers of African economic development.
AFRAA membership cuts across the entire continent and includes all the major intercontinental African operators.
The association’s members represent over 85 per cent of total international traffic carried by African airlines.
The Minister of Finance and Coordinating Minister of the Economy, Taiwo Oyedele, has rejected calls for the Federal Government to publish details of how it plans to spend funds drawn from its $5bn financing facility with First Abu Dhabi Bank.
Oyedele said the transaction had been subjected to unnecessary scrutiny, arguing that the facility was approved by the National Assembly and was structured to help the government refinance more expensive debt.
He spoke on Wednesday during a media briefing in Abuja.
The Federal Government recently drew about $1.5bn, the first tranche of the $5bn Total Return Swap facility arranged with First Abu Dhabi Bank, despite concerns from the International Monetary Fund and Fitch Ratings over the transparency and risks associated with such financing structures.
The $5bn facility was approved by the National Assembly on March 31, 2026, while the initial drawdown was expected to support the 2026 budget, infrastructure projects and the refinancing of existing debt obligations.
Responding to a question on the borrowing plan and whether details of the First Abu Dhabi Bank transaction would be made public, Oyedele said the government would publish information on how it spends public funds but questioned why the particular facility was receiving special attention.
“We will not publish how we are spending it. We will publish how we spend government money. There’s nothing special about that loan,” he said.
He added, “Nobody has asked us whether we’re going to publish the money we took from the World Bank, whether we publish the one from Eurobond, whether we publish the one from Sukuk. Why is this one special?”
Oyedele also dismissed suggestions that the transaction was conducted without due process, noting that it had been presented to the National Assembly.
“The loan was approved not only by FEC, it was taken to National Assembly because what some people are doing is they comparing with other countries where they did it under the table.
“What else can be more public than what you gave to the National Assembly?” he said.
The minister said the government had assessed the transaction carefully and was accessing the funds in phases to avoid incurring unnecessary costs.
“We’re assessing it in phases. You don’t want to take all the money at once because if you don’t spend it at once, you incur cost on the extra amount you’ve taken,” he said.
He explained that the financing arrangement was different from Nigeria’s traditional fixed-rate borrowing because the First Abu Dhabi Bank facility had a flexible interest rate.
“You need to understand the transaction. You know, there’s always the textbook analysis and there’s the real life of what you’re doing.
According to him, Nigeria could not benefit from the lower yield on its existing fixed-rate debt.
“This First Abu Dhabi Bank transaction is flexible rates. It means if rates go up, we pay more. If rates come down, we benefit more.
“There’s nothing that says we must always do one thing. And the all-in rate for this transaction is lower than our existing portfolio,” he said.
Oyedele said the primary objective was to refinance more expensive debt and reduce the government’s borrowing costs.
“So the objective is to use it to refinance expensive debt so you can save money,” he said.
The Federal Government is required to pledge securities worth about 133 per cent of the amount drawn as collateral under the arrangement.
The International Monetary Fund and Fitch Ratings had raised concerns about the financing structure, including issues around transparency and sovereign debt risks.
The IMF had warned that derivative financing structures such as total return swaps could be difficult to track and value in real time, potentially obscuring the extent of a country’s financial obligations.
Fitch Ratings also warned that Nigeria’s planned $5bn arrangement could increase sovereign debt risks and reduce transparency in public debt reporting.
Oyedele, however, said the government would soon publish frequently asked questions on the transaction to provide further clarification.
“In the next few days, you will see on the website both the Ministry of Finance and DMO the frequently asked questions about this particular debt or bond, just so everybody can please themselves,” he said.
He added that there was “nothing special” about the loan, despite the attention it had received from critics and international media.
“I spend time on it because I think it’s important and the international media also, for some reason, have taken so much interest in it. But that is what it is.” Oyedele said.
News
2027 Elections: 146 Presidential, Governorship Candidates to Spend Not More Than N571bn on Campaigns
No fewer than 146 candidates currently in the race for the 2027 presidential and governorship elections could collectively spend up to N571bn under the campaign expenditure limits prescribed by the Electoral Act 2026.
The figure comprises 19 presidential candidates, each with a campaign spending ceiling of N10bn, and 127 governorship candidates, each allowed to spend a maximum of N3bn under Section 92 of the new Electoral Act.
The 19 presidential candidates alone have a combined spending ceiling of N190bn, while the 127 governorship candidates could collectively spend up to N381bn.
The combined ceiling for the two categories therefore stands at N571bn, although the amount represents the maximum permissible expenditure and not money guaranteed to, or actually received by the candidates.
The development comes as the Independent National Electoral Commission published the personal particulars and credentials of the 19 presidential candidates and their running mates ahead of the 2027 poll, paving the way for the commencement of the presidential campaign on Wednesday, August 19, 2026.
According to the election tracker NGelections.com, 127 candidates across 28 states will be running for governor in 2027. Of the number, 122 have been nominated, four have declared, and one is still being monitored.
A check on the INEC website showed that the commission had yet to publish the total number of 2027 governorship candidates, with its official 2027 election page stating under the list of candidates that “This will be available soon.”
INEC has confirmed that governorship elections will be held in 28 states in 2027, with Anambra, Bayelsa, Edo, Ekiti, Imo, Kogi, Ondo and Osun excluded because they are on the off-cycle schedule.
The commission had fixed January 16, 2027, for the presidential and National Assembly elections, while the governorship and State House of Assembly elections are scheduled for February 6, 2027.
New spending limits
Section 92 of the Electoral Act 2026 substantially raises the amount candidates are permitted to spend on election campaigns compared with the previous statutory limits.
Under the new law, a presidential candidate may spend up to N10bn, while a governorship candidate is limited to N3bn.
For the National Assembly, the ceiling is N500m for a senatorial candidate and N250m for a House of Representatives candidate.
A candidate seeking election to a State House of Assembly may spend up to N100m, the same ceiling prescribed for an Area Council chairmanship candidate, while the maximum campaign expenditure for an Area Council councillorship election is N10m.
The law also places a ceiling on individual contributions to candidates, providing that no individual donor may contribute more than N500m to a single candidate.
Section 92 further provides sanctions for candidates who knowingly exceed the prescribed limits.
Such a candidate faces a fine equivalent to one per cent of the permitted expenditure limit, or imprisonment for up to 12 months, or both.
The provision makes compliance with the new spending thresholds a statutory obligation rather than a voluntary guideline.
It could not ne confirmed if INEC has successfully prosecuted and secured a conviction against a Nigerian politician specifically for exceeding the statutory election/campaign spending limit.
Also, there is no reported case of a politician or party being prosecuted for exceeding campaign-spending limits.
When asked how INEC would enforce the spending limits, the INEC National Commissioner and Chairman Information/Voter Education Committee, Mohammed Haruna, simply stated, ‘’It’s the Commission’s statutory responsibility to monitor the campaign finance of all political parties.’’ The anti-graft agencies are expected to collaborate with the INEC in monitoring and enforcing the spending limits.
The restriction on individual donations means that while a presidential candidate can spend as much as N10bn, a single donor cannot contribute more than N500m.
Similarly, a governorship candidate’s N3bn spending ceiling is six times the maximum individual donation.
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