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Tag: Annulment

  • Abia AA demands annulment of House Dep. Speaker, Kalu’s election

    Abia AA demands annulment of House Dep. Speaker, Kalu’s election

    The Action Alliance (AA) in Abia has asked the National Assembly Election Petitions Tribunal sitting in Umuahia to annul the election of the House of Representatives Deputy Speaker, Mr Benjamin Kalu of APC.

    The party hinged its demand on the alleged exclusion of its name and logo from the ballot for the February 25 poll.

    Mohammed Ndalahi (SAN), the Counsel for the party’s candidate, Mr Ifeanyi Igbokwe, made the request during the tribunal’s sitting on Saturday.

    Speaking under cross-examination by Ndalahi, the deputy speaker, Kalu, and APC witness, Cyril Kwubiri, alleged that Igbokwe was not validly nominated by AA, hence did not participate in the election.

    Kwubiri, however, admitted that none of the documents he tendered in court to support his claim that Igbokwe was not validly nominated emanated from APC.

    The three-member panel, led by Justice Samson Gang, adjourned sitting to Aug. 14 for the adoption of the final written addresses by all the parties.

    Also, speaking under cross-examination in another suit challenging his eligibility to participate in the election, Kalu denied forging his credentials contrary to the allegation by the Labour Party Candidate, Chief Frank Chinasa.

    Chinasa had alleged in his petition that the credentials presented to INEC by Kalu had fatal discrepancies.

    He, therefore, urged the tribunal to nullify his election, arguing that he was unfit to participate in the poll.

    The tribunal on Thursday, admitted in evidence, nine different documents tendered by Chinasa to support his petition that Kalu’s credentials were fraught with discrepancies in names.

    The petitioners had argued that Form EC9, submitted to INEC by Kalu, bore ‘Osisiogu Benjamin Okezie’.

    They further posited that other documents, including his birth certificate, first degree certificate, NYSC Certificate and WASC bore ‘Kalu Benjamin Okezie’, and ‘Benjamin Okezie Osisiogu’, respectively.

    In his defence, Kalu tendered seven documents, including the judgment of an Abia High Court, confirming his change of name.

    He also tendered a Certified True Copies (CTCs) of the Federal Republic of Nigeria official gazette number 49, volume 107 of 26th March 2020; letter from the Supreme Court; newspaper publication and a Deed Pool – all confirming harmonisation of his name.

    He faulted the CTCs of the petitioners’ exhibits alleging discrepancies in his documents, saying they did not bear stamps from the issuing institutions.

    Counsel for APC, Vigilus Nwankwo, also told the tribunal to reject the said CTCs since they lacked INEC stamp.

    In the same vein, the INEC Counsel, Ogochukwu Onyekwuluke, disowned the documents, pointing out that the petitioners’ CTCs did not bear the commission’s stamp.

    All the seven documents were admitted by the tribunal as exhibits, in spite of an objection by Chinasa’s Counsel, Yunus Usman (SAN).

    Usman said they would incorporate the reasons for their injection to the admissibility of the documents in their final written addresses.

    The matter was adjourned to Aug. 14 for adoption of the final written addresses by all parties.

    NAN

  • IBB speaks on annulment of June 12 election, ‘Evil genius’, ‘Maradona’ nicknames

    IBB speaks on annulment of June 12 election, ‘Evil genius’, ‘Maradona’ nicknames

    Former Military President Ibrahim Badamasi Babangida (IBB) has explained why his junta annulled the June 12, 1993 presidential election.

    TheNewsGuru.com, TNG reports that the election was adjuged by most Nigerians as the freest and fairest in the nation’s democratic experience.

    It was contested between Chief Moshood Abiola of the defunct Social Democratic Party (SDP) and Bashir Tofa of the defunct National Republican Convention (NRC).

    Babangida, while speaking on a monitored Arise TV interview on Friday explained if he had not annulled the election, a violent coup d’etat would have happened.

    He said: “If it materialised, there would’ve been a coup d’etat — which could have been violent. That’s all I can confirm.

    “It didn’t happen thanks to the engineering and the ‘maradonic’ way we handled you guys in the society. But that could’ve given room for more instability in the country.”

    Babangida said there was pressure on his junta within and outside the military to nullify the election for that reason.

    “Both. The military can do it because they have the weapons to do it, and others (civil society groups) can use agitation,” he added.

    Meanwhile, the former Military President Ibrahim Badamasi Babangida (IBB) also explained how he was nicknamed “evil genius” and “Maradona”.

    He explained the nicknames were manufactured by the media because of his “deft political moves”.

    Babaginda said: “That’s the very good thing about the Nigerian media and Nigerian people, you have to anticipate them.

    “If you anticipate them then you live well with them. They call me ‘evil genius’, I marvel at that. The contradiction — you can’t be evil and then a genius”

    “The definition of Maradona I got from the media is because of deft political moves. That’s the way the media described it.”

  • Annulment and divorce – Francis Ewherido

    By Francis Ewherido

    There are two ways to legally end a marriage – annulment and divorce. Wikipedia defines annulment as a “legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place” On the other hand, Wikipedia says “divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union.”
    Divorce is something we read about every day because the courts grant requests for divorce on a daily basis. But annulments are not frequent. So, when I heard the news of the annulment of 30 marriages in Imo, my attention was naturally aroused. According to the story, the Catholic Diocese of Orlu, Imo State, annulled the 30 marriages because they were contracted with fake certificates. Deceit is a major ground for annulment of marriages. Deceit comes in various forms: fake certificates, concealment of vital information, misrepresentation, stolen identity, etc.

    Marriage is not ordinary business with “buyers beware” clause. Normally during courtship, all parties should exercise utmost good faith. “Parties should disclose fully any condition that will make the other party have a second thought about continuing with the relationship. Specifically, if one party is infertile or has a terminal ailment, it must be disclosed to the other party. Also, if one party is in a financial hole such as to affect their finances gravely after marriage, it should be disclosed. The same applies if one party is using a falsified age at the time of courtship. If one party is an ex-convict or has been previously married or has children from previous liaisons, it should also be disclosed to the other party” (Life Lessons from Mudipapa, p.250). Medical conditions, such as genotype and HIV status, should also be disclosed. For instance, if during courtship the man misled the woman that he is AA, meanwhile he is AS, and the woman is also AS; the woman has sufficient grounds to file for annulment of the marriage rather than stay in it and risk giving birth to sickle cell carriers.

    A case for an annulment of a marriage can be initiated by either of the spouses in a marriage. The spouse initiating the annulment must prove beyond doubts that he or she has sufficient grounds to ask for the annulment and if he is able to convince the marriage tribunal or court, the marriage will be declared null and void by the church or court, depending on the institution he approached. Beyond deceit, other grounds on which marriages can be annulled are: bigamy, forced consent, marriages prohibited by law, inability to consummate a marriage, mental illness or incapacity and under-age marriage.

    Bigamy is simply marrying a person while already legally married to another person. Some people will wonder where polygamy comes in, in all this. These polygamous men did not marry their second, third or other wives in court or church. They were done in African traditional marriage ceremonies. As for Islam, it allows Muslims to marry more than one wife. So there is no case of bigamy, at least in Nigeria, as long as you did not marry two or more women in court. Annulment can also be sought and granted where one of the
    spouses was forced or threatened into marriage and only entered into it under duress. We see many of such forced marriages in Africa and Asia. Marriages that are prohibited by law can also be annulled. Such marriages include a father marrying his daughter, a mother marrying her son and two siblings marrying each other.
    Also, if either spouse was mentally ill or emotionally disturbed at the time of the marriage and concealed it from the other party, the aggrieved spouse has the option to file for annulment and it will be granted if the case is proven. The same thing applies in the case of mental incapacity where either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed decisions. In addition, minors cannot go into marriage without the consent of the parents or court approval. If a minor were to go into marriage without meeting these two conditions, it is sufficient ground for annulment of the marriage. In Nigeria, the age of majority is 18. That is when you are considered an adult.

    Finally, inability to consummate a marriage is a major ground for annulment of the marriage. Consummation means the couple must have sexual intercourse after becoming husband and wife, for the marriage to be valid. For instance, two parties have been engaged in pre-marital sex, but the man had an accident which rendered him impotent before the marriage and he concealed it from the other party. After the marriage, if he is unable to engage in sexual intercourse, that marriage is voidable and can be annulled at the instance of the aggrieved party. All the pre-marital sex they engaged are of no consequential. It is not recognized in church or law. In fact, for God, it is a grievous sin.

    Since the column started over six years ago, divorce has never been a topic, and it is deliberate. This column is meant to promote marital stability and happy marriage. I desire every marriage to be happy and long-lasting. I have no interest in promoting divorce, but we can review some of the causes of divorce so that we all know the landmines to avoid.
    One, lack of communication. Couples must constantly engage in empathic, sincere and genuine communication. Once couples are open to each other, there is no problem in their marriage that they cannot discuss and work through. Two, lack of forgiveness. We have a divine instruction to forgive one another. Moreover, as humans, we will always err, so forgiveness is imperative. But as I have said before, know your spouse’s red line and do not cross it. Do not also cross the red line just because he/she has a divine obligation to forgive you. Other factors include financial issues, lack of intimacy, infidelity, weight gain, constant bickering, unrealistic or differing expectations, abuse, immaturity, addictions, differences in parenting styles, insecurity, external interference, extreme jealousy, lack of contentment, differences in religious orientation, long physical separation, deceit, inability to resolve conflict, absence of shared vision, defective courtship… we can go on and on.
    The basic difference between divorce and annulment is that a divorce legally ends a valid marriage, whereas an annulment declares the original marriage invalid. In Christianity, especially Catholicism, it is more fundamental. A divorcee cannot remarry. If he/she does, he/she is excluded from participating in the sacrament of the Holy Eucharist. But a person whose marriage is annulled can remarry, because it is assumed that he was never married because the earlier marriage has been voided. Annulment can be granted by both the church and the courts, but the processes are different.

  • June 12: Obasanjo keeps mum as Abiola’s running mate, Kingibe accuses him of masterminding annulment

    A former Secretary to the Government of the Federation Ambassador Babagana Kingibe on Wednesday accused former President Olusegun Obasanjo of being one of the architects of the annulment of the June 12, 1993 presidential election, which was won by the late Chief Moshood Kashimawo Olawale Abiola.

    Recall that Kingibe was Abiola’s running mate on the platform of the defunct Social Democratic Party (SDP).

    He said although Obasanjo attempted to convene a meeting of statesmen to address the aftermath of the June 12 crisis, President Muhammadu Buhari only attended the inaugural meeting and stopped because of the direction of the session.

    Kingibe said Buhari’s position was very clear over the years that the annulment was unjustified.

    He, however, parried questions on whether or not he betrayed the late Abiola, who died in his bid to reclaim his mandate.

    He said the celebration of June 12 as a Democracy Day should not be an occasion for recriminations or for talking on who betrayed who and who abandoned what.

    He said he had never spoken over the years because he was bemused and saddened by the annulment.

    Kingibe broke his silence for the first time on the annulment of the election while appearing on a Nigerian Television Authority (NTA) programme.

    He did not give details of the roles Obasanjo played to annul the presidential poll.

    He however justified why Buhari opted to honour Abiola.

    Kingibe said: “In the aftermath of the annulment, one of the architects of the annulment, former President Olusegun Obasanjo tried to get some elder statesmen (former presidents and so on); I think at the African Leadership Forum to see how the aftermath of the annulment could be addressed or to see how the problems arising from the annulment could be addressed.

    “And I think President Muhammadu Buhari did attend the meeting once, the inaugural meeting. I understood that when he (Buhari) saw the direction of the meeting, he decided not to attend again.

    “Every time the issue of the annulment came up over the years, his position was very clear; it was very firm that the election was free, fair and there was a clear winner. And that the annulment was unjustified.

    “So, having had the opportunity, perhaps, to right the wrong, I won’t be surprised he did so because it is in his character to try and do justice, however, belated and under whatever the circumstances.”

    Asked if he was surprised by the declaration of June 12 as Democracy Day, Kingibe said: “In a way, yes. I was surprised more by the timing of it than that it happened.

    “I was actually on lesser Hajj in Saudi Arabia when the announcement was made. I was not surprised that it was made because I knew President Buhari felt strongly about June 12.”

    He paid glowing tributes to Abiola for being the arrowhead of the campaign for the actualisation of the June 12, 1993 mandate.

    He added: “You know, June 12 was the creation of all Nigerians. All Nigerians were the architects of June 12.

    “Like all collective endeavours, there is always a leader, and one can never diminish the role of MKO Abiola in the final stages of this political journey to democracy in giving the leadership; in being the arrowhead and the symbol of that struggle for democracy.”

    Kingibe was, however, non-committal on whether or not he betrayed Abiola.

    He said: “I think we are now going to celebrate the first of the June 12 being a Democracy Day. It is an opportunity to recall all the positive takeaways of the June 12 experience, what it represented and how we can learn lessons for the future.

    “I don’t think it as an occasion for recriminations, who betrayed who, abandoned what. The whole process leading to June 12 was a unique experience in Nigerian political journey towards democracy.

    “The facts of June 12, the elections that took place on that day, were unique. We have held many elections but the elections of June 12 were unique.

    “The annulment of the elections was unique in the life of all Nigerians and being unique and novel, I think everybody reacted accordingly to their understanding of what reaction was required.

    “I do not think that we have the time to go through who played what role, who did what on this occasion. All I said, let us celebrate the event of June 12.”

    Kingibe said he did his best to ensure that the annulment did not stand.

    His words: “Suffice it to say that there are many ways of pursuing a goal. To me, the immediate goal was to make sure that the annulment did not stand. That I had a very strong opinion about. Don’t forget, from the annulment and the enthronement of Interim National Government (ING), there were 82 to 84 days or so.

    “During those days, we all worked together to make sure the ING did not stand. And it did not stand. Thereafter, we all had our reflections collectively and individually as to the way forward, and we moved on

    Responding to a question on why he has never spoken, he said: “Indeed, I never.

    “This is the first time that I am addressing the issue. Sometimes, I am bemused; I am saddened, perhaps sometimes I am not surprised about the comments that people were making about June 12; the claims on June 12, those who stood on June 12 and so on.

    “I know every detail of what happened and there is no way that one can tell the truth about June 12 without perhaps diminishing some people’s own; without taking away from the significance and the solemnity of that day.

    “I have actually recorded my recollections of those days and those events. I hope that I will have the opportunity to air my recording one day. It is in video recording, not audio recording.”

    However, there was no comment from Obasanjo on Kingibe’s claim.

    Speaking through his media aide, Kehinde Akinyemi, Obasanjo simply said: “No comment.”

    “I have no comment.”

  • JUST IN: Appeal Court dismisses Omo-Agege’s appeal on annulment

    The Court of Appeal sitting in Benin, the Edo State Capital, has dismissed an exparte motion filled by Senator Ovie Omo-Agege seeking a leave of court to appeal the Federal High Court Judgement which sacked the Prophet Jones Erue-led faction of the Delta State chapter of the All Progressives Congress (APC).

    It also dismissed a suit filed by the House of Representatives-elect, Rev Francis Ejiroghene Waive.

    Justice Philomena Mbua Ekpe in her ruling dismissed both applications for lacking in merit and fined them N300,000 each.

    The court held that the plaintiffs could not claim to be unaware of the case thus could not seek to be joined or challenged the judgement, at this moment.

    Omo-Agage and Waive, whose candidacy had earlier be annulled by the Federal High Court, Asaba have to wait for the party at the National level who are party to the case to appeal the judgement.