Lies and propaganda appear very powerful. At first. On the surface. But, they have an expiration date. Like NAFDAC items. Such is the case of Dino. From his hospital bed, chained and manacled to the bed in the intensive trauma unit of the National Hospital, Abuja, guarded by over 50 fully armed Policemen, Dino still defeated the conspiratorial Armada of the federal government, Governor Yahaya Bello, the Police, INEC and other security agents in his recall bid. Such is the power of truth, the ephemerality of lies and expiration date of lies and propaganda.

Dino Melaye arrested at AIRPORTDino comes off easily as one of the most outspoken Senators ever to emerge from the Nigerian legislative firmament. He has a soulmate in my good friend, Shehu Sani. My elder brother, Matthew Urhoghide who dared move a motion for PMB’s impeachment over withdrawal of $496 for tucano jets purchase without NASS approval contrary to section 58, 59, 80, 81, 82, 83 and 162 of the 1999 Constitution, fits into that bill.

Though a Senator on the platform of the ruling APC party, Dino and Sani have been nudging thorns on the soft flesh of PMB and his fumbling and wobbling government. They speak truth to power and authority. They speak hard on behalf of the common man. They use facts and data, confronting the monstrous visage of lies with the angelic face of truth. For this, they are loathed by the government and leading lights in the APC. So, the Police was sent to tame both – Sani for alleged murder and Dino for alleged gun – running. Dino was charged to the Federal High Court in Lokoja. His lawyers successfully argued and got the case moved back to the Federal High Court, Abuja. The reasons were simple and verifiable. Those Dino allegedly bought guns for towards political purposes were said to have been engaged by Dino at Airport Road, Abuja. Dino lives in Maitama, Abuja. Dino works as Senator at the NASS, Abuja. The Police IGP accusing him works and stays in Abuja. So, where does Lokoja come in? Oh, because Lokoja is one miniscule local government fraction of a large senatorial District that Dino represents. The other LGAs that are more vast and far flung are Kabba Bunu, Kogi/Kotonkarfi, Mopamuro, Ijumu, Yagba West and Yagba East.

Dino cried out, that the attempt to get him to Lokoja at all cost was to probably poison or murder him in a detention cell where he would be dumped through a scripted drama. On Monday, 23rd April, 2018, his Maitama, Abuja house was condoned off by over 150 fully armed Policemen. To arrest one unarmed Senator of the Federal Republic of Nigeria. He was not at home. The adjoining streets were condoned off. His two brothers, aids and driver were promptly arrested and detained. They have since been in the Police gulag and dungeon. We have gone to court to enforce their fundamental rights to life, liberty, movement, association and dignity of the human person. Dino tweeted that he would report voluntarily to the Police the following day. Dino did. He went to the Police. He was transferred to SARS. This was a day after Immigration Officers arrested him at the Nnamdi Azikiwe International Airport, Abuja, and prevented him from travelling to Morocco on an official assignment. A script was being acted out towards preventing him from mobilizing against his recall verification exercise slated for only four days away.

On arrival at SARs, Dino and his lawyers were told that he would again be arraigned at the FCT High Court. He was happy with his lawyers. He wanted his innocence to come out. But, mid-way presumably to the court, asmathic Dino said he was tear-gassed twice in the bus, which was now headed suddenly for Lokoja. He sensed and saw danger, death. He jumped out of the bus at the intersection roundabout of Area 1, when traffic lights held the convoy. He was taken to Zankli hospital by his aids who saw him dying.

Pronto, SARs rushed to Zankli Medical Centre, Mabushi, yanked out a traumatised Dino, and took him to Intensive Care Unit (ICU) of the trauma section at the National Hospital. In a sane society, a glazy-eyed, bed-riden Dino would be cared for. But, shockingly, he was chained to his hospital bed like an armed robber or psychiatric patient just apprehended on the streets. He has since been surrounded by over 50 fully armed Policemen, cordoning off his bed, and preventing access to his friends, family members and even lawyers from interacting with him.

The two lawyers from Rickey Tarfa’s Chambers, David Amaefula and Pius Udo-Inyang, who were with him on that fateful day in the lawful performance of their professional duties, were captured like common criminals, along with Dino’s brother and aid, driven to Mpape Magistrate Court, where they were hurriedly arraigned. Rather than grant them bail through a Bench ruling after argument to that effect by lawyers from my Chamber and others from NBA, Abuja, branch, Mr Zubairu, the Magistrate adjourned to 30th April, 2018, and remanded them at Kuje prisons for six days. On 30th April, 2018, I personally led a battery of over 100 lawyers to secure the young lawyers’ release on bail at the Mpape Magistrate Court, Senior members of the Bar who joined me, included NBA, Ikeja (Tiger) branch Chairman, Mr Adesina Ogunlana, Life Bencher, Mr Ibrahim Eddy Mark, Vice Chairman Unity (Abuja) Bar, Tunde Oyefoso, Israel Usman, Abimbola Kayode, Dare Akande Yinka, and tens of others. I decried the inhuman action of the Police (and the magistrate agreed, in very deprecative words in his ruling), where the lawyers were led into the court, hand-cuffed from Kuje prisons. It was unnecessary show of executive recklessness and lawlessness.

Dino’s Failed Recall Exercise
Now the icy on the cake. The entire one week scenario painted above was geared towards completely demobilizing Dino, wearing him down and out physically, mentally, psychologically, and thus preventing his physical presence during his recall exercise. But the same God that delivered the Israelites from the wicked hands of Egyptian Pharaoh, ensured that Dino defeated all of them roundly from his sick bed.

His traducers garnered a shockingly meager 5.34% of the necessary votes, in an exercise where under section 69, they required at least 51%! Here the disgraceful figures: there are a total of 351,146 registered voters in the 7 LGAs that make up Dino’s senatorial District. Allegedly, a total of 189,870 registered for Dino’s recall in an exercise that was said to have gulped about N5 billion in a state where workers have not been paid salary for over one year! Dino has been very critical about the workers welfare. On the D-Day, only a pittance 20,868 constituents turned out to vote, in an exercise in which INEC (obviously acting out a script, defied my Supreme Court processes duly served, including a motion for stay of execution of his recall, with letters), they nonetheless went ahead, goaded by interests of this number, only 18,742 were actually verified by the Professor Okente Morthy – led verification panel – a meager 5.34% where at least about 51% was needed. Where are the remaining 171,128 (94.66%) signatories? Are they still alive? Are they not aware of the verification exercise date fixed by INEC? Have they decided to change their mind? Were they stopped from carrying out their constitutional duty to recall him? Or were the remaining signatures forged? Albeit, the process of recalling of a legislator is not against the provision of the Constitution, it should however be done only on genuine demand by the people and in accordance with their will. Again, the Kogi West recall experience shows that power still resides in the people. No amount of financial inducement and coercion will change the will of the people of Kogi State in future elections.

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The exercised died on arrival, as dead as dodo. It could not even live up to the referendum stage. The people (vox populi vox dei) exercised their real sovereignty under section 14 (2) (a) of the 1999 Constitution. The exercise was not only heavily boycotted, many of those who participated said their names and signatures were forged. A traumatized father, Mr Thomas, whose daughter, Miss Thomas Faith, died in 2016, found her name on the list. Other constituents confessed that they merely signed so as to partake of the largesse dished out by Yahaya Bello’s government. Others vowed that it is the Governor, not Dino, that needed recalling. The latest news is that the 550 Special “Advisers” to the governor from that District who fleeced the governor of humonguous sums towards the exercise, are in trouble for non-performance. Those who still take God for granted in His inimitable, ineffable and incomprehensible ways should go and read Gen18:15; Jer. 32:27; Lam 3:37; Isaiah 55. They will know better. The 2019 elections will shock many Nigerians beyond words. Read my lips.

Short takes
The president cannot approve $1Bn insurgency fund without national assembly approval (part 1)

Introduction
The constitutional blueprint on the appropriation of monies to run the government of Nigeria is crystallized in sections 80 – 83 of the 1999 Constitution, as altered. The essence of the provisions is to disclose the legitimate and legal means by which the government may appropriate monies payable into the Consolidated Revenue Fund, herein-after referred to as CRF. Thus, the objective is two-fold: firstly, to bring the act of appropriation within the purview of the legislature’s mandatory oversight; secondly, to delineate or determine a procedural guide by which the legitimacy of any appropriation made pursuant thereto, is measured.

Pursuing this analysis, Sections 80(1) establishes the Consolidated Revenue Fund and subsection (2) stipulates, without equivocation, that, no monies shall be withdrawn or appropriated from the CRF, except those monies are originally intended to meet the expenditure charged upon the fund and authorized by an Appropriation Act, or a Supplementary Appropriation Act, or an Act passed by the Legislature in pursuance of section 81.

The legislative intendment
The intendment of the framers is never in doubt, considering the section cited above. It is thus, manifestly clear, that appropriation or withdrawals of any kind and for whatever purpose, by the government and indeed any government, for that matter, must in the contemplation of the Constitution, be intended for expenditures clearly stated and listed in an Appropriation Act or Supplementary Appropriation Act, or any other law.

Sub-section (3), partially limits the source of the withdrawal to the CRF, and that, where, an appropriation will be sourced from any account other than the CRF, such, must be subjected to the same measure stipulated in subsection (2).
Subsection (4) restates with emphatic and compelling character, the primacy, the oversight-ship, and overlordship of the National Assembly over all public funds. It is, simpliciter, a grave constitutional imperative for which an infraction of those provisions, amounts to a compulsive sabotage that defeats not just the intendment of the draftsman, but also the spirit behind the letters of the constitutional language. (To be continued next week).

Thought for the week

“If you have a positive attitude and constantly strive to give your best effort, eventually you will overcome your immediate problems and find you are ready for greater challenges.” (Pat Riley).