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Sunday, November 18, 2018

Investigate Billions 'Spent By Saraki' During Buhari's Campaign In 2015, SERAP Tells INEC


“SERAP urges you to prosecute anyone suspected to be involved and/or complicit in the alleged unexplained campaign spending, if there is relevant and sufficient admissible evidence of violations of international standards and national laws. We request that you take steps within 14 days of the receipt and/or publication of this letter, failing which SERAP will institute legal proceedings to compel you and the INEC to discharge your constitutional and statutory responsibilities in the public interest," the letter read.
The Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), requesting him to “promptly, thoroughly and effectively investigate the allegation that Senate President Bukola Saraki spent between N200m and N400m in every state, except the six South-West states, to influence the outcome of the 2015 elections for the All Progressives Congress (APC)".
The organisation also urged INEC to “investigate the sources of other cases of apparently unexplained campaign financing and contributions for the 2015 elections by politicians and supporters of the two main political parties, APC and the Peoples Democratic Party (PDP)"
SERAP urged INEC to collaborate with the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) in the investigation.
A statement by Ms Bamisope Adeyanju, SERAP Senior Legal Adviser on Sunday, referred to the audio recording attributed to a meeting between Saraki and some loyalists, during which the Senate President was quoted as stating that he spent billions of Naira as investment in the 2015 APC presidential campaign, across 30 states of the federation.
In the letter dated November 17, 2018 and signed by its senior legal adviser Bamisope Adeyanju, SERAP said: “Allegation that one politician spent billions of Naira on elections in several states of the country to support a political party if not thoroughly, and transparently investigated and prosecuted would undermine the public faith in the country’s democracy. It also risks distorting electoral processes and reversing the gains in the democratic and electoral processes that have been recorded since the return of democracy in 1999.
“Such spending, if allowed to continue, can shape policy-making after elections, and improperly influence the decisions taken by the country’s elected representatives who will most likely consider their contributions to political parties’ campaign as ‘investment’ and thus seek returns on their purported investment to achieve electoral success for their party.
"Probing the sources of such spending would improve transparency and accountability in campaign spending and contributions. This is essential to curb abuse and mismanagement of Nigeria’s resources, help to balance political competition, foster the integrity of officeholders, rebuild citizens’ trust in the political system’s integrity, as well as ensure that electoral processes and elected officials are not compromised by uncontrolled and unaccountable campaign funding.
The letter copied Ibrahim Magu, acting EFCC Chairman; Dr. Musa Usman Abubakar, acting ICPC Chairman, and Professor Itse Sagay, Chairman of the Presidential Advisory Committee Against Corruption (PACAC).
The letter continued: “Unexplained and unregulated spending to influence the outcome of any election can distort the electoral competition and lead to state capture by wealthy politicians and individuals.
“SERAP urges you to prosecute anyone suspected to be involved and/or complicit in the alleged unexplained campaign spending, if there is relevant and sufficient admissible evidence of violations of international standards and national laws. We request that you take steps within 14 days of the receipt and/or publication of this letter, failing which SERAP will institute legal proceedings to compel you and the INEC to discharge your constitutional and statutory responsibilities in the public interest.”
“Unexplained and unregulated spending on election campaign would encourage politicians to divert public resources for political purposes rather than ensuring and directing critical spending for socio-economic development of the country, including on improving access to public services such as electricity, health, water, and education.
“Campaign financing such as the spending allegedly disclosed by the Senate President undermines public trust and confidence in politicians and poses serious corruption risks, as it can blur the line between state and party politics, encourage the use of national resources to fund and influence elections. Such huge spending by an individual can even be converted into a conduit for money laundering.
“SERAP urges you to publicly clarify to politicians and political parties ceilings for campaign spending and contributions, and to insist that all political parties and politicians disclose sources of their spending for the 2019 elections. INEC should also require all political parties to sign ‘transparency pacts’ that would mandate candidates and their sponsors to disclose the identities of donors and publish all spending and contributions on their party website and in the press before the 2019 elections.
“SERAP therefore urges you to investigate the sources of campaign financing and contributions by Saraki and by other politicians and other individuals to APC and PDP if INEC is ever to rein in the role of money and level the playing field for candidates and political parties in the 2019 general election.
“INEC should carry out the investigation and prosecution in collaboration with the ICPC and EFCC, and send a strong message to politicians and political parties that INEC under your leadership would not tolerate any infringement of the democratic and electoral processes ahead of the 2019 general elections.
“SERAP notes that international law has increasingly recognised the importance of transparency for mitigating corruption in party politics and using disclosure of political financing as a means to improve it. The United Nations Convention against Corruption (UNCAC) to which Nigeria is a state party obligates states to enhance transparency in the funding of candidates for elected public office and, where applicable, the funding of political parties. Similarly, the African Union Convention on Preventing and Combating Corruption, which Nigeria has also ratified requires states to incorporate the principle of transparency into funding of political parties.
“Further, Sections 225 and 226 of the 1999 Nigerian Constitution (as amended) affirms the powers of INEC to monitor, inquire into and assess campaign finances, and a party’s source of and management of funds, while Section 228 provides sanctions with regard to party finance and campaign finance.
“According to Section 91(2) and 91(3) of the Electoral Act, the maximum election expenses to be incurred by a candidate at a presidential and governorship election shall be one billion naira only and two hundred million naira only respectively. Also, Section 91(4) of the Electoral Act states that the maximum election expenses to be incurred by a candidate for a senatorial and House of Representatives election shall be N40m only and N20m only respectively.”

“According to reports, Senate President Bukola Saraki allegedly claimed in an audio clip while addressing Peoples Democratic Party that he spent between N200m and N400m in every state except the six South-West states, to influence the outcome of the elections for the All Progressives Congress. Saraki reportedly said “Out of the 36 states, I paid election money in 30. Some collected N300m, while some collected N400m, some collected N200m. The only states where I had nothing to do with was in the South-West. Even on the phone, I was calling and giving banks instructions.”

Intra-party rancour led to PDP loss in Lagos in 2015, says PDP chieftain

Anxiety in PDP over presidential campaign in S/West
A Peoples Democratic Party (PDP) chieftain, Chief Amos Olayinka, on Sunday said the party lost the governorship seat in Lagos in 2015 because of internal rancour.
Olayinka told newsmen that intra party rancour affected the ability of members to monitor and protect the party’s governorship poll in 2015.
Olayinka, who said he founded the PDP in Lagos with Chief Dapo Sarumi, expressed hope that Mr Jimi Agbaje and the party’s presidential candidate, Alhaji Abubakar Atiku, would win in 2019 elections.
“There is no more friction in Lagos PDP. No rancour anymore. Disagreements happen but we will never again allow it to degenerate to the point of affecting our lot in the 2019 general elections.
“We know the under currents that made Agbaje to lose the election in 2015. We will not let it happen again,” he said.
He said that the party had gone back to the grassroots because it realised that it had to do a thorough homework in order to win the elections not only in Lagos but nationwide.
According him, underrating Agbaje will be the worst mistake anyone or party will make in the upcoming guber polls.
On PDP’s loss to the APC in Lagos over the years, Olayinka said that “the myth of perpetuation in office is not founded on constables.”
“It’s about 90 days to the 2019 general elections, I wish to seek the support of Nigerians and Lagosians for Atiku and Agbaje.
“I am committed to the PDP. I will remain in PDP and I believe that Atiku and Agbaje will provide purposeful leadership for Nigeria and Lagos,” he said.
He said Nigerians should jettison sentiments and lies against Atiku, describing the PDP flagbearer as a man with pedigree who was in the system for eight years and influenced economic policies still enjoyed by Nigerians.
The PDP stalwart also reiterated calls for Nigeria to restructure, insisting that regionalism would create checks and balances as well as reduce corruption.
He said that 2019 would be decided by individuals standing for the election rather than their parties, pointing out that Nigerians want to vote based on a person’s pedigree but not for a party. (NAN)

Police question 21-year-old student who allegedly killed her baby

The police in Enugu State have arrested a 21 year-old student for allegedly killing her baby soon after delivery.
The spokesman for the Police Command in Enugu State, SP Ebere Amaraizu, in a statement on Sunday said the suspect, Sandra Dimbo, allegedly carried out the action at Royal Lodge, Agbani, Nkanu West Local Government Area, on Saturday.
“It was gathered that the mother of the late infant was said to have given birth to the baby on Nov. 17 and allegedly killed the child immediately after birth inside her room before the arrival of neighbours.
“It was further gathered that on that fateful day, the cry of a baby was heard in the suspect’s room which attracted neighbours to her room but they could not gain access until they forced themselves in.
“The neighbours only discovered after gaining access into the room that the baby that was delivered had been allegedly killed by the mother,’’ he said.
Amaraizu said that full scale investigation had commenced into the incident, adding that the suspect was helping the police in their investigations.
“The dead body of the baby was also recovered by police operatives,’’ he said. (NAN)

NDIC says N28.48bn recovered from debtors of DMBs in-liquidation

NDIC to host IADI workshop in Lagos
The Nigeria Deposit Insurance Corporation (NDIC), said it recovered N28.48 billion from debtors of Deposit Money Banks (DMBs) in-liquidation as at Dec. 31, 2017.
Alhaji Umaru Ibrahim, NDIC’s Managing Director/Chief Executive Officer said this in the Corporation’s 2017 Annual Report, a copy of which was made available to the News Agency of Nigeria (NAN) on Sunday in Abuja.
Ibrahim said the sum was higher than the N28.16 billion realised in 2016.
“To date, a total of N125.13 million was realised from debtors of closed Microfinance Banks (MFB) as at Dec. 31, 2017.
“Debt recoveries from Primary Mortgage Banks (PMBs) increased by 22.60 per cent from N195.17 million in 2016 to N239.27million in 2017.
“The sum of N21.39 billion was realised from disposal of physical assets of closed DMBs compared to N21.21 billion in 2016.
“The sum of N386.11million was also recovered from the sale of physical assets of MFBs in the period under review as against N361.45 million recovered in 2016.
“Also, the value of physical assets recovered from PMBs was N77.87 million in 2017, compared to N75.50 million as at Dec. 31, 2016,’’ Ibrahim said.
According to Ibrahim, the NDIC paid N11.50 billion to depositors, creditors, shareholders and other stakeholders of closed financial institutions in the year under review.
The NDIC boss said the corporation’s Deposit Insurance Fund (DIF) stood at N959.55 billion, Special Insured Institutions Fund (SIIF) was N114.39 billion, and its Non-Interest Deposit Insurance Fund (NIDF) stood at N0.693 billion in the period under review.
Ibrahim said NDIC operating income increased from N122.68 billion in 2016 to N146.47 billion in 2017 and its total operating expenses decreased from N93.60 billion to N63.55billion in 2017.
He further said that the corporation remitted N22.77 billion per audit to the Consolidated Revenue Fund (CRF) of the Federation as at Dec. 31, 2017. (NAN)

Evans: Police hid me from Falana in a toilet

Evans trial
A Lagos High Court in Igbosere Friday heard that the police hid suspected kidnap kingpin, Chukwudumeme Onwuamadike, alias Evans, from rights activist Mr Femi Falana SAN, in a toilet.
Evans told Justice Adedayo Akintoye that the event occurred in the office of the Lagos Coordinator of the Inspector-General of Police (IGP) Response Team, Mr Phillip, a Chief Superintendent (CSP), soon after his arrest in 2017.
He alleged that the lawyer was contacted by his wife, (Uchenna Precious Onwuamadike) shortly after his arrest.
He said the police told Falana that they had taken the suspect out for investigation, but the lawyer suspected otherwise and warned the police prosecute rather than execute him.
Evans, in tears, made the claims while testifying in a trial within trial to determine whether his confessional statement to the police should be admitted by the court.
According to the Lagos State Government which is prosecuting Evans on twin kidnapping, murder and attempted murder charges before the judge, the suspect’s statement was voluntarily made.
Its witness, Inspector Idowu Haruna, whose testimony preceded Evans’ yesterday, told the judge that he took the suspect’s statement.
Haruna, a member of the IGP Response Team which arrested Evans, said Evans never requested for a lawyer and none of his family members were present when the confessional statement was made.
He said: “The statement was recorded in an open office. He (Evans) was cautioned in English and he narrated the story of his involvement in the kidnapping of victims.”
Haruna’s testimony was corroborated by CSP Phillip, who added: “The defendant was brought to my office after his statement was taken. I read the statement to him and asked him if he was forced to make the statement. He (Evans) said no.”
According to him,  “Evans was in a good mood when he was brought before me by Inspector Idowu. He was very okay, he looked healthy, hence I asked him questions about the confessional statement.”
But, led in evidence by his counsel, Olanrewaju Ajanaku, Evans disputed their version of events.
He accused the police of assaulting him, and, after allegedly murdering several suspects in his presence in a “Saddam Hussein” style execution, he was terrorised into signing an already prepared confessional statement he never made.
Explaining Falana’s knowledge of his arrest, Evans said: “Immediately after my arrest, my wife called Femi Falana SAN, he came to SARS (Special Anti-Robbery Squad).”
He claimed that CSP Phillip told two armed policemen to hide him inside his office toilet and to tell the SAN that he (Evans) was not around.
He told the judge that he heard the lawyer and Phillip exchange pleasantries.
Evans said: “I heard Phillip greet him, ‘Good afternoon sir.’ Falana said he wanted to see me.”
According to him, Phillip told the lawyer that he had been taken out for investigation, but the SAN warned the police against summarily executing him.
Evans, wiping tears with a handkerchief, added: “Falana warned him that he did not want to hear that I had been taken for investigation only to be shot dead. He said he didn’t want to hear that I was trying to escape and then I was shot dead. He told them that if I had committed any offence, I should be charged to court.”
The defendant repeated his claims under cross examination by prosecution counsel, Mr Y. G. Oshoala.
Justice Akintoye adjourned till December 10 for continuation of trial.
Evans’ testimony followed the continuation of proceedings in the fourth and fifth in a series of kidnap, murder and attempted murder charges brought against him by the Lagos State Government.
But only two charges are before Justice Akintoye. Three others are before Justices Hakeem Oshodi and Oluwatoyin Taiwo of the Ikeja High Court.
In the first charge before Justice Taiwo, Evans and three others – Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba – pleaded not guilty to a five-count charge of conspiracy to kidnap, kidnapping and attempted murder.
In the second charge, Evans is being tried alongside Joseph Emeka, Linus Okpara and Victor Aduba.

Kwara bye-election: Outcome daylight robbery -PDP

Ahmed commends Kwara monarchs on peaceful coexistence
The Peoples Democratic Party ( PDP ) in Kwara state has described the outcome of the House Representatives bye-election in Ekiti/Oke-Ero/Isin/Irepodun Fderal constituency as a daylight robbery.
PDP added that the result did not reflect the will of the people as its members were harassed and intimidated during the poll.
It rejected the results of the bye-election in which  the candidate of the All Progressives Congress (APC),Raheem Tunji Olawuyi, was declared winner .
Addressing reporters in Ilorin, the state PDP Chairman, Engr. Kola Shittu, further described the election as a charade and direct assault on the nation’s democracy.
Shittu noted that some of the concerns raised by the party prior to the conduct of the election, which included alleged importation of thugs and heavy deployment of security personnel later manifested during the poll.
He lamented that the poll was characterised by ballot box snatching, widespread  irregularities and illegal arrest of members of the PDP before and  while the election was on going.
Shittu, however, called for outright cancellation of the election because it fell short of the expectations of the people of the constituency.
He added that the brazen subversion of the will of the people, which the outcome of the election represented was an indication that the APC led federal government was not ready to deliver free, fair and credible elections in 2019.
“The PDP condemns in strong terms the conduct of the bye-election also rejects its outcome, as it does not reflect the will of the people of Ekiti, Oke-Ero, Isin and Irepodun Local Government Areas.
“The announcement of the candidate of the APC, Raheem Olawuyi as the winner of the election by the Independent National Electoral Commission is a daylight robbery, subversion of the will of the people and direct assault on the nation’s democracy.
“Indeed, the election was a contest between the PDP and the security agents, as they both collaborated with the enemies of democracy, APC, to manipulate the electoral process and stole the mandate of the people”, Shittu said.

I married Atiku for his integrity – Titi Abubakar

Hajiya Titi Abubakar, wife of the Peoples Democratic Party (PDP) Presidential Aspirant, Atiku Abubakar, said she married her husband because of his honesty, sincerity and integrity.
Mrs Atiku made the remarks when a group, Women for Atiku, paid her a courtesy visit at her Maitama residence in Abuja.
“I get confused whenever I read the false allegations of corruption being peddled by mischief makers against my husband in the media.
“I ask myself if they are referring to my husband whom I have been married to for 47 years or a different person.
“No one knows my husband like I do and their descriptions of him are totally that of a different person and not that of the man I love and adore because of his uprightness.
She said they were brought together by destiny and had been endeared to him because of his sterling qualities and patriotism to his fatherland.
“I was on my way back to Nigeria from Benin Republic where I visited my aunt and was accosted by custom officials at the Idi-Iroko Boarder who demanded for payment of a duty for the pair of brocade material which was a gift from my aunt.
“An argument ensued between us and I told them to keep the material because I would not pay duty for a pair of brocade, and a gift at that.
“The officer, who was Head of the Command at that time intervened, paid for the duty charge and gave me the receipt.
“One thing led to the other, we hooked up later and the rest is now history.
“As the head, he could have chosen to order that I be allowed to go, but he paid for the duty and that act from that time impressed me and I fell deeply in love with the man Atiku,’’ she said.
The National Coordinator of Women for Atiku, Mrs Blessing Ebera, thanked Mrs Abubakar for the warm reception accorded her group and pledged that it would continue to mobilise women across every ward to vote for Atiku Abubakar come 2019.
She said that the National leadership and the 36 state coordinators of the group visited to inform her that with the commencement of campaign, the group was set to penetrate every corner of Nigeria to mobilise support towards an Atiku victory in 2019.
Ebera said that the group would also embark on voters’ mobilisation and education.
She said that the acquisition of Permanent voters Card (PVC) would be mandatory for every female of voting age in Nigeria.
She urged those that registered but were yet to collect their PVCs to visit the Independent National Electoral Commission (INEC) for collection.
She assured Mrs Abubakar that members of the group had strategized to mobilise at least 50 women in every ward across the country through synergy with other women support groups.(NAN)

Teenager Kidnapped in Enugu found in Niger

A 14- year-old boy, Lucky Godwin  who was kidnapped from Avuna river in Enugu has escaped from  his abductors in Niger state.
Narrating his ordeal in Minna, Godwin who said he was kidnapped with another boy said that he escaped his abductors by jumping out of the bus when the bus arrived in Bida and ran away. 
 
 
“I do not know where they were taking us to until they stopped over at Bida. I opened the door and ran away. When they could not see me they quickly zoomed off with the other boy in the bus.
“I was not sure where they are taking us, I never knew that we were in Niger state until I jumped down from the bus and met one Igbo man who took me to Child Right’s  Agency for more interrogation.”
Describing how he was kidnapped, the victim said, Godwin said that two men came to the Avuna river where they were fetching water and forced them into their red bus where they were zoomed off to unknown destination.
The notorious Avuna river is said to have connecting links to five villages, making it to look like bar beach where a lot of people visit on daily.
The Director General of the Niger state Child Rights Agency, Barrister Mariam Kolo confirmed the incident saying the victim was kidnapped in Avanu river, Enugu state and later found in Bida.
Kolo said Godwin was kidnapped along side with one other boy who could not jumped out from the bus when their kidnappers arrived Bida town.

According to her, the victim was brought to our office by an Igbo man living in Bida and after interrogation the agency found out that Godwin was living with his grandmother in Enugu while the biological mother lives in Jos.
She added that the investigation is on going admonishing parents to always know the whereabout of their children at any given time.

Traders lose millions in Aba inferno

Aba
Traders in  Nkwo Ngwa market in Aba South Local Government Area of Abia State have lost goods worth millions of naira in a midnight fire that engulfed the market.
While police and other agencies have launched investigation to unravel the cause of the fire incident, sources at the market told our reporter that they suspected that it  was as a result of the carelessness of a food vendor who couldn’t properly put out fire in her shop before closing for the day.
Another source has it that the fire started in a wood processing factory in the market.
Our reporter who visited the market on Sunday in the company of Abia State Commissioner of Police, Chris Ezike gathered that over 100 shops were engulfed in the inferno.
It was learnt that the fire incident which started at about 8pm lasted several hours before it could be put out by some of the callers to the scene and through the efforts of personnel of the State Fire Service who were on hand to stop the fire from spreading to other parts of the market.
Some of the affected traders who could not hold back their tears said that their loss run into millions and lamented the bad situation of the road leading to the market which prevented the Fire Servicemen from arriving the scene in record time, causing them to suffer more damage.
Prince Okechukwu Lawrence, chairman of the market confirmed that there was no loss of live, but regretted the level of damage suffered by the traders as a result of the inferno.
Lawrence while debunking that the traders attacked personnel of the fire service, disclosed that hoodlums capitalized on the incident to loot from other shop owners in the market.
He appealed to Abia State governor, Dr. Okezie Ikpeazu to come to their aid as many of them have lost their means of livelihood through the inferno.
In his speech, the Commissioner of Police in the state who said that he was on a sympathy visit and to have firsthand information of the incident, called on the traders to be calm and peaceful as police had already launched investigation into the matter.
Ezike added that they have started compiling the names of the affected traders with the intention of forwarding same to the state government for necessary actions to be taken.
The Senior Special Adviser to Abia State Governor on Security, Captain Awa Udensi (rtd) who was also at the scene expressed the regret over the loss, adding that the state government would see ways of coming to the assistance of the affected victims.
Awa assured the traders that their plight would be tabled to the Governor of the state as soon as he (Ikpeazu) arrives the state from his trip.
Some residents who spoke to our reporter described the incident as unfortunate, stressing that they were all afraid that the damage could be much going by the rage of the inferno.
They thanked the commissioner of police for showing concern and prayed that efforts would be put in place to check a recurrence of such ugly incident.

Court upholds CAC’s rejection of same sex group

court, sex
Proponents of same sex union have suffered a major defeat as a Federal High Court in Abuja has rejected their move to legitimise their activities in the country.
Justice Nnamdi Dimgba, in a judgment on Friday, upheld the decision by the Corporate Affairs Commission (CAC) to reject an application for the registration of a lesbian group.
The judgment was on a suit, marked: FHC /ABJ/CS/827/2018 filed by Pamela Adie, through her lawyer, Mike Enahoro-Ebah.
According to court documents, Pamela founded the group – Lesbian Equality and Empowerment Initiatives (LEEI) – sometime in October 2017, with the aim to advocate for the rights of people with same sex sexual orientation.
She subsequently applied to the CAC for registration, an application the agency turned down on the ground that it, among others, offends public policy.
Pamela then approached the court, by way of a fundamental rights enforcement application, contending the CAC’s decision amounted to a violation of her constitutionally guaranteed right to form and belong to an association.
She prayed the court for an order of mandamus, compelling the CAC to forthwith issue notice of approval for her group, the “Lesbian Equality and Empowerment Initiatives” for onward registration with the Commission.
Justice Dimgba, in the judgment on Friday, upheld the counter-argument by the respondent (the CAC), to the effect that its refusal to register the group was in compliance with Section 30 (1)(C) of the Companies And Allied Matters Act (CAMA) Cap C20 Laws of Federation of Nigeria 2004.
‎The judge said: “It is my view that, where either the proposed name of the company or its aims and objectives are caught by the provisions of Section 30 (1)(C) of CAMA, the respondent (CAC) is duly empowered to reject such an application for reservation of name or registration as it has done in this case.
“Section 30(1) (c) of CAMA reads: ‘No ‎company shall be registered under this Act by a name which- (c) in the opinion of the Commission is capable of being misleading as to the nature or extent of its activities or is undesirable, offensive or otherwise contrary to public policy.’
“There is no doubt that the applicant has the right to form or belong to any association of her choice as provided by Section 40 of the 1999, in so far as the enjoyment of such a right is not limited by Section 45 of the same Constitution, which provides the basis for the limitation of the enjoyment of the rights guaranteed by Section 40 above.
“Instances where the right to form and belong to an association can be limited, as provided in Section 45 (1) (a) of the 1999 Constitution, includes situations where such a right is in conflict with public safety, public order, public morality.
“As such, the rights of the applicant to form and register an association are not absolute. They are to be exercised and enjoyed within the precincts of the law.
‎”Strictly speaking, it is on the basis of the protection of public morality, as provided  by Section 45 (1) of the 1999 Constitution, that some laws were enacted by the National Assembly to safeguard same.
“The Same Sex Marriage (Prohibition) Act of 2013 is an example of one of these laws. Section 4 (1) of the Same Sex Marriage Act prohibits the registration of same sex associations.
“It provides as follows: ‘The Registration of organisations, of their meetings is prohibited. Gay clubs, societies and sustenance, processions and meetings are prohibited.’
“It could not have been the intention of the Legislature to prohibit the registration of gay associations, while allowing lesbian associations, as learned counsel (for the applicant) appears to be advocating with this distinction.
“The court, being a court of law and justice, must give effect, not just to the literal meaning of words, but also give effect to the real intention of the Legislature in the construction of statutes.
“Moreover, it is common knowledge that in recent times, the word “gay” is used to denote homosexuals, lesbians, bisexuals and transgenders.
“On the contention that the rejection of the reservation of the applicant’s proposed name of an association is a violation of the applicant’s right to freedom of expression, it is my view that such an argument merits a summary dismissal as the arguments in support of this contention are similar to the one earlier dismissed,” the judge said.
He agreed with the applicant that she has the right to freedom of expression, but held that the CAC did not violate Pamela’s right to freedom of expression in rejecting her application.
 The judge noted that the name of Pamela’s group was, in itself, in collision with an existing and operational law.
Justice Dimgba added: “The respondent being a regulator, was established to carry out functions as listed in Section 7 of CAMA, which includes the regulation and supervision of the formation, incorporation, registration, management, and winding-up of companies.
“It is also empowered under Section 30 of CAMA to exercise its discretion in the approval of names for registration.
“So far as the Same Sex Marriage (Prohibition) Act is still much operative in Nigeria and has not been repealed, the case of the applicant must fail,” the judge said and proceeded to dismiss the suit.

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