GAMEWEWK 4 - Review and Analysis

By Opubo Nengia

The International break is over. Players are beginning to return to their various clubs, either injured or in one piece. With the high rate of injuries so far this season, one might wonder whether football associations need to reduce the number of competitions. Well... That's a topic for another day. Let's talk about Fantasy Premier League (FPL).

My team for this game week was: Petrovic (GK), Cucurella, Van de ven and Cash in defence; Salah (C), Gakpo, Palmer, Semenyo and Reijnders in midfield; Evanilson and Watkins in attack. I scored points from Van de ven, Cash, Evanilson, Palmer, Semenyo and Salah with a total points of 73. This helped me maintain my spot at the YOOKOS PREMIER LEAGUE, but the competiton is fierce. While others sold Palmer, I kept him but I hope he can stay fit. With my injury issue from last game week, I sold Cunha for Coady Gakpo, although he blanked. My plan for the next game week (Game week 5) is to roll the transfer, unless something else comes up.

I, like every other engaged FPL manager prepared for Game week 4 with hope and high expectations. A game week that was expected to see a lot of managers pop the wildcard chip due the close of the transfer window and conclusion of the first international break. Mangers, having watched 3 game weeks already have an idea of how the players on their watch list have performed well so far. Some have sworn to never own certain players again, some have decided to be patient with some players like Watkins and Rogers (Aston Villa players), whom performed well last season but can't seem to find their form yet this season. I can already imagine what Watkins' first goal for Aston Villa this season will look like. Perhaps, it will be against the promoted side, Sunderland FC.

The Game week began with an early kick-off between The Arsenal vs. Nottingham Forest. A game that all the bookies expected Arsenal to come out victorious, despite having their star men Bukayo Saka and Saliba out due to injury. As expected, Noni Madueke, the English international and former Chelsea player stepped in at the right wing, while the other new signing, Eberechi Eze had his first start on the left wing.  Nottingham Forest, on the other hand had just sacked their manager, Nuno Espirito Santo, and signed Ange Postecoglou. Arsenal beat Nottingham Forest 3-0.

AFC Bournemouth defeated Brighton Hove Albion 2-1, with goals from Alex Scott and Semenyo. Mitoma scored the lone goal for Brighton, from a Minteh's assist. Crystal Palace on the other hand ended up sharing points with newly promoted side, Sunderland (0-0). Aston Villa continued their woeful performance of not having scored a goal yet this 2025/2026 season, as Villa played a goalless draw with Everton. Fulham FC fortunately won 1-0 against Leeds United with an own goal from Leed's defender, Gudmundsson. 

As for Newcastle, the loss of Alexander Isak did not seem to affect them in their game against Wolves at the St. James' Park. Newcastle won 1-0, with a single goal from their new striker from the German league, Woltemade. He scored a header from a Murphy's cross. Solid 3 points, with a clean sheet. Tottenham Hospur had a brilliant game, as they eased past Westham United (0-3), with goals from Pape Matar Sarr, Bergvall and Van de ven.

Brentford and Chelsea was an interesting game, with both teams fighting back from losing positions. Brentford, coming from a victory against Aston Villa, started well against Chelsea with a lead from Schade. In the second half, Enzo Maresca had to correct his error of starting an inferior team by bringing in Reece James, Cucurella and Cole Palmer. Cole Palmer then equalized from a Joao Pedro assist, making it 1-1. Caicedo put Chelsea in from with a fantastic shot. Chelsea thought they had won it, only for Brentford's Carvalho to come from the bench and score a late goal. Both teams had to settle for a point each.

Sunday saw Liverpool take on Burnley at the turf moore, while the Manchester derby took place at the Etihad. Burnley made it very difficult for Liverpool by making it very tight at the back. Liverpool threw attack after attack at Burnley but it proved abortive. Not until extra time in the second half where Liverpool's Salah scored from the spot kick to give Liverpool the victory and important 3 points. Manchester city on the other hand had a dominant display against their noisy neighbours who are having a hard time adjusting to Amorim's style of play. Erling Haaland scored a brace, while Foden looked sharp as he scored a goal, making it 3-0.

It is still early days but the premier league is looking tougher with each fixture. For now, the teams that finished at champions league spot will have to play their opponents in the Champions league. Chelsea, Arsenal, Liverpool, Mancity and Newcastle will be hoping to secure victories against their opponents in order to maintain the right momentum, before returning to the premier league for the next fixtures.

The upcoming Champions League fixtures are set to deliver some truly exciting football, with a few matchups that could shake up the whole competition. One of the games everyone’s talking about is Barcelona against Newcastle United. Barcelona are dealing with some injury headaches, especially missing Frenkie de Jong, which leaves their midfield looking a bit vulnerable. Newcastle, meanwhile, will be buzzing with confidence thanks to their energetic pressing style and the electric crowd at St James’ Park. Although Barcelona’s attack is always a threat, Newcastle could have the edge if they win the physical battles and catch their opponents out on the break.

Another matchup that’s sure to grab attention is Bayern Munich versus Chelsea. Bayern have been on fire lately they just crushed Hamburg 5-0 in the Bundesliga, showing off their attacking power and defensive strength. Chelsea have been pretty up and down this season, but when their forwards click, they can be a real handful. Expect a chess match here: Bayern will want to control the game with their possession, while Chelsea will look to strike quickly whenever they get the chance.

Finally, Paris Saint-Germain, the defending champions, will face the pressure of living up to last season’s triumph. Their opening fixtures are expected to showcase attacking football, but every opponent will be motivated to upset them. Collectively, these games highlight the unpredictability of Europe’s premier competition, where established giants may prevail, yet underdogs remain capable of springing surprises.

Understanding Wills in Nigeria: A Guide to estate planning

Despite knowledge of the inevitable fact that everyone will eventually die, it is quite fascinating that Nigerians cringe whenever they are told to prepare a Will. In fact, another way to threaten a Nigerian with death is by telling him/her to start preparing their will.

What is a will?

A will can be defined as a testamentary document, voluntarily made and executed according to law by a testator with testamentary capacity wherein he bequeaths his assets to beneficiaries, and give instructions to be carried out as he deems fit.

Black's law dictionary defines a will as “An instrument, executed with the formalities of law, by which a person makes disposition of his or her property, to take effect after death” - Black’s Law Dictionary, 11th ed., 2019.

A codicil on the ither hand is “a supplement or addition to a will; it may explain, modify, add to, subtract from, or confirm and republish, and is to be deemed part of the will” - Black’s Law Dictionary, 11th ed., 2019.

It is worthy to note that; a Will can exist without a codicil,  a codicil cannot exist without a Will.

The whole idea behind a Will is that someone who had assets either in form of houses, cars, shares, gold, cash, etc. makes plans for what should happen to those assets when the person dies. It recognizes the fact that death is real, and that all we can do is prepare for it, rather than avoid the inevitable.

There are a lot of situations where a person dies intestate (without a Will) so members of the deceased's family are bullied and prevented from partaking in the sharing of the assets. Ordinarily, if the deceased had died testate (with a will), the deceased would have shared his/her assets how he/she deems fit.

Features of a Will

A Will has certain features. They include;

It should be in writing; it should be executed in accordance with the law (i.e. by the testator in the presence of at least 2 credible witnesses or by someone delegated by the testator to sign but in the presence of the testator and at least 2 credible witnesses);it is testamentary (takes effect on the death of the testator); it is ambulatory (can be revoked anytime before death); it must be made voluntarily (without coercion, force, deceit, blackmail, duress); the testator should have testamentary capacity (right state of mind); must dispose of a gift; should identify the gift that is being given and to whom is it being given to.

Types of Will

1. Formal Will
2. Nuncipative Will
3. Privileged Will
4. Holographic Will

Gifts in a Will

Gifts can be classified as major and others

For major, we have:

(i) Specific gift

(ii) Demonstrative gift

(iii) General gift 

SPECIFIC GIFT: From the name, you can guess what it means. This type of gift can be easily traced and identified from the words used in the Will. The words reveal the nature of the gift, the source and particulars of the gift. Mostimes, the word "MY" preceding the details of the gift is used to identify this type of gift in a Will. A possible issue with this type of gift is that the particular gift may no longer be available at the time the testator dies. This is know as failure by ademption. A solution to this problem could be the addition of a substitutional gift clause

DEMONSTRATIVE GIFT: This type of gift where the testator instructs the beneficiaries to be satisfied out of a specific fund or pool of property . An example of this type of gift is where the Will states:  'I give one of my houses in Awolowo Road, Lagos to my eldest daughter’.

GENERAL GIFT: This type of gift is not easily identifiable. The words used don't reveal the source or particulars of the gift but just indicates that a gift should be given to the beneficiary. The good thing about this type of gift is that in case it is no longer available at the time of the testator's death, a similar gift can be used. It can most likely fail where there are no sufficient gifts available to satisfy the legacy. This is known as failure by abatement.

Besides these major gifts, there are other gifts like; pecuniary gift, conditional or contingent gift, annuities, residuary gift, etc. In the event that a Will provides for how the testator's assets should be shared but there a remaining assets that were not allocated or failed due to one reason or the other, it will be referred to as a residuary gift. In order for assets like these not to be captured in the Will, it is advised to always have a vital clause in a Will known as the "residuary clause". The importance of this clause cannot be over-emphasized, as it aids to prevent partial intestacy.

When can gifts in a Will fail?

There are certain situations when a gift in a Will can fail. They include;

(a) A gift will fail where there are certain elements that vitiate the contract like fraud, undue influence, mistake, suspicious circumstances, etc

(b) Ademption (where a gift fails due to the fact that the specific gift no longer exists when the testator dies.

(c) Lapse (where the beneficiary dies before the testator).

(d) Operation of law (where the law provides certain circumstance(s) when a gift will fail.

(e) Public policy

(f) A gift will fail when the beneficiary doesn't want the gift.

(g) A conditional gift will fail when the condition is not met.

(h) Abatement (where a gift fails due to insufficient assets to satisfy the gift).

(i) A gift will fail when the it is eventually found out that the gift/property/asset is not even owned by the testator.

Can a Will be cancelled or revoked? If yes, how?

Yes, a will can be revoked by either of the following ways:

1. A will will be revoked when the testator subsequently marries under the Act. - s 18 Wills Act.
2. By personally destroying the will or someone else destroying the will in the presence of the testator and with his authorization, either by tearing, burning, with the intention of revoking the will.
3. By executing a subsequent Will or Codicil.
4. A letter stating the testator's intention to revoke the will should suffice, in so far as it complies with s 9 Wills Act, which entails signing in the presence of at least 2 witnesses.

In conclusion, a Will is an important aspect of estate planning, as it provides clarity, protection, and peace of mind for the testator and his/her dependents. If you create a valid Will, you ensure your assets are shared as you deem fit. It will also reduce potential conflicts, and safeguard the well-being of your family and dependents

GAMEWEEK 3 POINTS REVIEW AND ANALYSIS

 

Game week 3 came with a few surprises, as some teams that are expected to easily beat their opponents struggled, while a few others cruised to victory. There were also VAR controversies and late referee decisions that changed the outcome of some games.

Saturday began with the early kick-off match between Chelsea vs. Fulham at the Stamford bridge. Two teams that have shared the same home before faced each other in an interesting match. With Chelsea trying to prove a point that they are back to the top of the food chain, Fulham tried to show Chelsea that they could still rival Chelsea, no matter how good the transfer market has been to Chelsea.

It didn't take long before the game started becoming interesting, as Fulham's youngster, King scored what he thought was his first goal for the senior team, only to see it chopped off by the Video Assistant Referee (VAR). The reason is that King's teammate, Muniz,  stomped the foot of Chelsea's Chalobah in the build-up to King's goal. A lot of persons criticized VAR's decision here, as they believe that despite the foul on Chalobah,  the goal should have stood because it took away the youngster's opportunity to celebrate his first goal for Fulham.

Fulham's issues didn't end there, as Chelsea took the lead from a setpiece - Enzo Fernandez crossed a corner kick to the head of J. Pedro, who was able to direct the ball into the back of the net.

Chelsea later extended their lead as a cross into Fulham's penalty and struck the arm of a Fulham player. Enzo took the PK for Chelsea in Palmer's absence and scored by placing it at the middle of the post while Leno dove to his right, getting a slight touch of the ball with his feet.

The game ended, Chelsea 2-0 Fulham, with Chelsea sitting pretty at the top of the English Premier League table for now.

Other games were Tottenham 0-1 Bournemouth,  Man Utd 3-2 Burnley, Sunderland 2-1 Brentford, Wolves 2-3 Everton, and Leeds 0-0 Newcastle. 

It would have been a good start to FPL for me, but my gameweek was plagued with further injuries to my captain, Cunha, who scored just 2pts for me in total as my captain, and then Gudmundsson (my Cole Palmer's sub replacement) going off injured, after a scintillating performance and 9 pts. Evanilson scored the only goal against Tottenhan and gave me 8pts, while Petrovic kept a clean sheet but scored 5pts due to a yellow card. Cucurella scored 6pts, Van der ven scored 1 pt, and then Semenyo scored 2 pts.

For the Sunday fixtures, it was an opportunity for Mancity to get back to winning ways, and for Haaland to extend his goal tally but Brighton had other ideas. Mancity were expecting to come out victorious when Haaland scored the first goal from a Marmoush assist, taking Haaland to the top of the goal scoreres table with 3 goals in 3 games. Brighton's James Milner then equalized from the spot kick, making it 1-1. Mancity were expecting to get back to winning ways but it was Brighton that got their first victory of the new EPL season when Gruda dribbled, turned John Stones inside out, and put the ball into the back of the net, from a Mitoma assist. The game ended 2-1 in favour of Brighton. Mancity have now lost twice from 3 matches.

Nuno Espirito Santo has been in the news recently, but for unfavourable reasons. The owners of Nottingham Forest believe that his comments in the press lately are pointing towards disloyalty with the club. Their game against West ham did not make it any better, as West Ham piped Nottingham Forest 0-3, making it a first win for the hammers. Graham Potter has just bought himself some time, as Westham had been woeful prior to this match against Nottingham Forest. 

Liverpool vs. Arsenal was a tight affair with both teams finishing 1st and 2nd last season. Both teams were technically and tactically sound. However, the home team eventually won the match with a spectacular Szobozlai free kick goal. Arsenal then tried to fetch a draw by bringing in Ebeerechi Eze, Odegaard, and Dowman but Liverpool were able to hold in to their lead.

Finally, the late kick-off: Aston Villa vs. Crystal Palace was another shocking affair because Villa hadn't won a game this season. The situation didn't get better for Villa, as it went from bad to worse. Crystal Palace beat Villa 0-3. For now, despite playing 3 Premier League games, Villa are yet to register a goal.

For my FPL team, things started getting sour immediately Cunha, my captain got injured in the first half and didn't register a goal or an assist. Watkins hasn't returned at all yet, and Villa couldn't keep a clean sheet. Probably it was due ti the absence of Emiliano Martinez. Maybe it's the beginning of the end for Villa.

I ended up scoring less than my predicted points. I scored 40 points and lost in my paid mini-league.

Fantasy Premier League GW3 Diary: Reflections & Gambles

 

Hello ladies and gentlemen. It's another week of the English premier league football and we are about to be entertained with unexpected outcomes. We all have probably predicted what we think will happen but football will always be football: entertaining and unpredictable. That's why we love it.

Now, let's get into Fantasy Premier League (FPL). We have seen a season with a lot of changes, ranging from double chips, one on each half of the season so the chips are flying out. A lot of elite managers are at the bottom of the overall ranking, but we expect them to rise eventually because a lot of mangers will eventually drop once they start having poor FPL points.

Thus far, I've had decent FPL points and that's because I decided to adapt to the new season and the changes that comes with it. Let's see how long I can keep this up. In gameweek one, I scored 84 points with a bench boost. I then decided to wildcard in Gameweek 2, which is never what the experts will recommend but I did it anyway, and then scored 53 points. My overall rank is 290,563 (two hundred and ninety thousand, five hundred and sixty three), while I'm 1st (first) in my paid mini-league (YOOKOS PREMIER LEAGUE).

For Gameweek 3, I already have trouble with my team, as both Cole Palmer and Bukayo Saka are injured. The decisions I've made are: I've sold Saka for Cunha (vs. Burnley) and then I'm playing Palmer (vs. Fulham), even though Maresca's press conference revealed that Palmer is out of this game but will most likely be back after the international break. Therefore, the first player on my bench, Gudmundsson (vs. Newcastle) will come in for Palmer if he eventually doesn't play.

The rationale behind my decisions are that Saka will be out for about 4 weeks so it was an obvious decision for me to sell him for Cunha, who is playing Burnley at the Old Trafford. I may also captain Cunha because he is a midfield who may play in attack for Man Utd and he's been taking a lot of shots but has just been unlucky to not have scored 2 goals already in the premier league. I don't know what  to expect from ManUtd but they are expected to win the match despite their poor start to the season. If they win, things may just start looking good for Man  Utd.

My expectation for this Gameweek is probably 55 points, but it may be better if Cunha delivers at least 2 returns, but that may be asking for too much because Man Utd have been woeful so far. Let's just see how it goes. I predict 2-1 in favour of Manchester United. I also expect to beat my mini-league opponent and maintain my lead at the top of the league before the international break.

Alright guys, goodluck!

IS THE MARGIN OF LEAD PRINCIPLE A LAWFUL MEANS OF DETERMINING WHO WON A SENATORIAL ELECTION IN NIGERIA?

BY ADEMOLA FEBIAN ADEBOWALE ESQ.,

PURPOSE

This article aims to explore ways by which a winner of a senatorial election in Nigeria is determined vis-à-vis Constitution of the Federal Republic of Nigeria 1999 (as amended), Electoral Act 2022 and INEC’s Regulations and Guidelines for the conduct of Elections 2022.

KEYWORDS

Electoral Act, Margin of lead principle, Election, Constitution, INEC’s Regulations and Guidelines for the conduct of Elections.

INTRODUCTION

Amidst the vibrant tapestry of democracy, one timeless element reigns supreme: the sacrosanct ritual of elections. Nowhere is this revered practice more evident than in the Federal Republic of Nigeria, where it finds its rightful place in the very heart of the Constitution. Truly, the Constitution stands as “the fons et origo,” an unwavering beacon of governance and the “grundnorm”—the bedrock upon which the entire legal framework takes form, meaning and origin from.

In this great nation, the Constitution's hallowed pages breathe life into the democratic spirit, empowering citizens with the profound ability to shape their collective destiny through the power of the vote. As the substantive law for elections in Nigeria, it imparts purpose and authority to the people's voices, making every ballot cast a testament to freedom and self-determination.

But the democratic journey doesn't rest solely on ancient texts; it surges forward with the guiding light of modernity. The Electoral Act 2022, a dynamic and purposeful legislation conscientiously crafted to navigate the complexities of the electoral process. Like a skilled conductor leading a symphony, this act harmoniously orchestrates the conduct of elections, ensuring fairness, transparency, and inclusivity at every turn.

Together, the Constitution of the Federal Republic of Nigeria and the Electoral Act form an indomitable duo, safeguarding the very essence of Nigeria's democracy. Through their partnership, they inspire hope, uphold justice, and embolden the nation to stand tall on the global stage of democratic principles.

POWERS OF THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) TO ISSUE REGULATIONS AND GUIDELINES

In recent times, attempts have been made by the Independent National Electoral Commission (INEC) to ensure that elections conducted in Nigeria are free and fair, hence the issuance of Regulations and Guidelines for the conduct of Elections 2022. The extant INEC’s Regulations & Guidelines for the conduct of election was made 2022.

The power of INEC to issue regulations and guidelines is provided for in Section 148 Electoral Act 2022 which states thus; 

“The Commission may, subject to the provisions of the Act, issue regulations, guidelines, or manuals for the purpose of giving effect to the provisions of this Act and for its administration”.

Amongst such Regulations and Guidelines for the conduct of Elections 2022 is the “MARGIN OF LEAD PRINCIPLE”.

The Margin of lead principle is provided for in paragraph 62 of INEC’s Regulations and Guidelines for the conduct of Elections 2022 which provides thus; 

“Where the margin of lead between the two leading candidates in an election is not in excess of the total number of voters who collected their Permanent Voters’ Card (PVCs) in polling units where elections are postponed, voided or not held in line with Sections 24 (2 & 3) 47(3) and 51(2) of the Electoral Act 2022, the Returning officer shall decline to make a return in the affected polling units and the results collated into the relevant forms for Declaration and Return. This is the Margin of Lead Principle and shall apply whenever necessary in making returns for all elections in accordance with these Regulations and Guidelines”.

In simple terms, it means when the difference between the scores of two leading candidates in an election is less than the total number of voters who collected their Permanent Voters Card (PVCs) in polling units where elections are postponed, voided or not held in consonance with Sections 24(2) & (3) 47(3) and 51(2) of the Electoral Act 2022, the Returning Officer shall decline to make a return in the affected polling units and the results collated into the relevant forms for Declaration and Return. It can be interpreted that such elections should be declared inconclusive.

INSTANCE WHERE THE MARGIN OF LEAD PRINCIPLE WAS APPLIED IN NIGERIA

The Margin of Lead Principle was applied in the 2015 governorship elections in Kogi State. The election was held as scheduled on 21/11/2015, at the close of the polls, the late Prince Audu/Faleke ticket was leading with 240,867 votes while the Peoples Democratic Party (PDP) was in second place with 199,248 votes. However, as a result of certain electoral malpractices discovered to have occurred in 91 polling units, INEC relying on its Manual for Election Officials (updated version) declared the election inconclusive on the ground that the total number of registered voters in the disputed 91 polling units where elections had been cancelled, which was 49,953, exceeded the margin of votes between the APC and the PDP, which was 41,353 votes and would therefore affect the final outcome of the election.

THE PURPOSE OF INTRODUCTION OF THE MARGIN OF LEAD PRINCIPLE

The Margin of Lead Principle has been introduced in elections in Nigeria to prevent disenfranchisement of a relatively large number of people who collected their Permanent Voters Card (PVCs) with the intention to vote in an election. Notwithstanding its advantage, the principle contravenes the provisions of the Constitution of Federal Republic of Nigeria 1999 (as amended) and the Electoral Act 2022. It is important to elucidate here that the Constitution of the Federal Republic of Nigeria 1999 (as amended) is the grundnorm and the apex law in Nigeria while the Electoral Act 2022 is the specific legislation enacted by the National Assembly regulating elections in Nigeria; both legislations provides the criteria to determine the winner of an election in Nigeria.

Section 66 Electoral Act 2022 states thus; 

“66. Declaration of result

In an election to the office of the President or Governor whether or not     contested and in any contested election to any other elective office, the result shall be ascertained by counting the votes cast for each candidate and subjected to the provisions of sections 133, 134 and 179 of the Constitution, the candidate that receives the highest number of votes shall be declared elected by the appropriate returning officer”. (Underline mine for emphasis).

  Section 133 CFRN 1999 (as amended) states thus; 

“A candidate for an election to the office of President shall be deemed to have been duly elected to such office where, being the only candidate nominated for the election-

(a) he has a majority of YES votes over NO votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all States in the Federation and the Federal Capital Territory, Abuja”

Section 134 CFRN 1999 (as amended) states thus; 

“(1) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being only two candidates for the election-

(a) he has majority of votes cast at the election; and 

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the states in the Federation and the Federal Capital Territory, Abuja.

(2) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election-

(a) he has the highest number of votes cast at the election;and

(b) he has not less than one-quarter of the votes cast at the election in each of  at least two-thirds of all states in the Federation and the Federal Capital Territory, Abuja.

(3) In default of a candidate duly elected in accordance with subsection (2) of this section there shall be a second election in accordance with subsection (4) of this section at which the only candidate shall be-

(a) the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and

(b) one among the remaining candidates who has a majority of votes in the highest number of states, so however that where there are more than one candidate with a majority of votes in the highest number of States, the candidate among them with the highest total of votes cast at the election shall be the second candidate for the election.

(4) In default of a candidate duly elected under the foregoing subsections, the Independent National Electoral Commission shall within twenty-one days of the result of the election held under the said subsections, arrange for an election between the two candidates and a candidate at such election shall be deemed to have been duly elected to the office of President if-

(a) he has a majority of votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all States in the Federation and the Federal Capital Territory, Abuja

(5) In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral Commission shall, within twenty-one days of the result of the held under the aforesaid subsection (4), arrange for another election between the two candidates to which the subsection relates and a candidate at such election shall be deemed to have been duly elected to the office of President, if he has a majority of the votes cast at the election”.

Section 179 CFRN 1999 (as amended) states thus; 

“(1) A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected to such office where, being the only candidate nominated for the election-

(a) he has a majority of YES votes over NO votes cast at the election; and

(b) he has not less than one-quarter of the votes at the election in each of at least two-thirds of all the local government areas in the State, but where the only candidate fails to be elected in accordance with this subsection, then there shall be fresh nominations.

(2) A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected where, there being two or more candidates-

(a) he has the highest number of votes cast at the election; and

(b) he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas in the State.

(3) In default of a candidate duly elected in accordance with subsection (2) of this section there shall be a second election in accordance with subsection (4) of this section at which the only candidates shall be-

(a) the candidate who secured the highest number of votes cast at the election; and

(b) one among the remaining candidates who secured a majority of votes in the highest number of local government areas in the State, so however that where there are more than one candidate with a majority of votes in the highest number of local government areas, the candidate among them with the next highest total of votes cast cast at the election shall be the second candidate.

(4) In default of a candidate duly elected under subsection (2) of this section, the Independent National Electoral Commission shall within twenty-one days of the result of the election held under that subsection, arrange for an election between the two candidates and a candidate at such election shall be deemed to have been duly elected to the office of Governor of a State if-

(a) he has a majority of votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of at least two-thirds of all the local government areas in the State.

(5) In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral Commission shall, within twenty-one days of the result of the held under that subsection, arrange for another election between the two candidates to which that sub-paragraph relates and a candidate at such election shall be deemed to have been duly elected to the office of governor of a State if he has a majority of the votes cast at the election”.

Flowing from the above sections for a candidate to be declared winner in an election whether Presidential, Governorship, Senatorial election the candidate must score the highest number of votes cast in the Election (accompanied with some other requirements for Presidential and Governorship election but which is not within the purview of this discourse). There is no provision for margin of lead principle in the Constitution of the Federal Republic of Nigeria 1999 (as amended) neither is there a provision for margin of lead principle in the Electoral Act 2022. It is important to elucidate further that the Regulations and Guidelines for the conduct of elections 2022 made by INEC (Independent National Electoral Commission) is a guide for the conduct of elections and not a law enacted by the National Assembly. Although, it was said in Faleke v. I.N.E.C (2016) 18 NWLR (PART 1543) 61 @156 thus;

“it is not out of place to say authoritatively therefore that the Manuals for Election Officials 2015 (Updated Version) issued are not mere instructions or directions; rather, they are subsidiary legislations which have the force of law. They have their origin from the Constitution and the Electoral Act.”

Section 148 Electoral Act 2022 provides thus; 

“The Commission may, subject to the provisions of this Act, issue regulations, guidelines or manuals for the purpose of giving effect to the provisions of this Act and for its administration.

It is worthy to note that an act contrary to the Instructions of INEC which is not contrary to the provisions of the Electoral Act 2022 cannot be a ground to question an election or determine the winner of an election.

Section 134(2) Electoral Act 2022 provides thus;

“An act or omission which may be contrary to an instruction or directive of the Commission or an officer appointed for the purpose of the election but which is not contrary to the provisions of this Act shall not itself be a ground for questioning the election.”

In NYESOM V. PETERSIDE (2016) 7 N.W.L.R (PART 1512) PG 452 @528 The Supreme Court held thus;  

“so long as an act or omission regarding such regulations or guidelines is not contrary to the provisions of the Act itself, it shall not of itself be a ground for questioning the election”.

In CHABO & ANOR V. ACHIR & ORS (2019) LPELR-48757 (CA) ONYEKACHI AJA OTISI, J.C.A (Delivering the Leading Judgment) stated thus; 

“In other words, although the 3rd Respondent is endued with powers to issue regulations, guidelines or manuals for smooth conduct of elections, by Section 138(2) of the Act, so long as an act or omission regarding such regulations or guidelines is not contrary to the provisions of the Act itself, it shall not of itself be a ground for questioning the election. Therefore, the act or omission complained about by a petitioner must be covered by the Electoral Act itself to qualify as a ground for bringing a petition, and not merely be an act or omission found in the Regulations and Guidelines, albeit made under the Act”.

In Nyesom v. Peterside (supra) a point was strenuously made by the apex Court of the land that the Guidelines and Manual cannot be elevated above the provisions of the Electoral Act. In his concurring opinion, I.T Muhammad, JSC (as he then was) said thus;  

“I agree with my learned brother, Kekere- Ekun, JSC that failure to follow the Manual and Guidelines which were made in exercise of the powers conferred by the Electoral Act, cannot in itself render the election void. And, this should not be understood to mean that the innovation of the Card Reader is in conflict with the relevant sections of the Electoral Act.

Permit me, again, Your noble Lordships, to state, with emphasis, that the Card Reader was Introduced by INEC with good intentions. However, a distinction must always be drawn between the effect of a law made by the legislature (National Assembly: i.e. the Electoral Act; the constitution, etc) and a rule of procedure (by whatever name called) by any authority with a view to facilitating smooth running or operation of a given institution. Breach of the former can be severe and fatal than breach in case of the latter”.

In CHABO & ANOR V. ACHIR & ORS (2019) LPELR-48757 (CA) ONYEKACHI AJA OTISI, J.C.A (Delivering the Leading Judgment) stated thus; 

“ I agree with Mr. Hyundu that there cannot be any enlargement or addition     made to unambiguous provisions of the Electoral Act by the Guidelines and Regulations, more particularly described in FALEKE V.INEC (Supra), a subsidiary legislation.

It is worthy of note that the Regulations and Guidelines for the conduct of Elections, 2019, as did the Approved Guidelines and Regulations for the conduct of the 2015 elections clearly stated:

‘These Regulations and Guidelines complement the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); (Emphasis mine)

The word complement has the following meanings:

‘to make something else seem better or more attractive when combining with it’ ….. Cambridge English Dictionary.

The Guidelines and Regulations therefore complement the Electoral Act more in the light of a policy document to guide officials of the 3rd Respondent in their duties and responsibilities under the Electoral Act. Its provisions remain a guideline and cannot override the Act in any particular. What this simply means is that the effect must be given to every provision in the Electoral Act, which includes Section 138(2) as follows:

(2) An act or omission which may be contrary to an instruction or directive of the Commission or of an officer appointed for the purpose of the election but which is not contrary to the provisions of this Act shall not of itself be a ground for questioning the election.

“Therefore, having regard to the decision in Nyesom v. Peterside (supra), failure by officials of the Commission to use the margin of lead principle  provided for in the Regulations and Guidelines, by itself and without more, is not a competent ground for a petition”. 

CONCLUSION

To sum it up, it is worthy to note that the INEC Regulations and Guidelines which is birthed from the Electoral Act can be interpreted as a subsidiary legislation and has the force of law as stipulated in the case of Faleke v. INEC (2016) 18 NWLR (PART 1543) 61, nonetheless, INEC Regulations and Guidelines is inferior to the Constitution and the Electoral Act and both legislations determines who wins an election and not the INEC Regulations and Guidelines.

STUDENT LOAN ACT 2023; A BRILLIANT STEP TOWARDS EQUAL ACCESS TO HIGHER EDUCATION

 

By Efe Precious Rukevwe

Students Loan (Access to Higher Education); Interest-Free Loans for Higher Education is an innovative bill introduced by Hon. Femi Gbajabiamila, which was signed into Law by His Excellency, President Bola Ahmed Tinubu (GCFR) on the 12th of June, 2023 as a “fulfillment of one of his campaign promises to liberalize education funding” according to Dele Alake, a member of the Presidential Strategic Team. It aims to revolutionize access to higher education in public institutions in Nigeria by establishing the Nigerian Education Bank. This bank will provide interest-free loans to students, ensuring equal opportunities for all.

However, in an interview with PUNCH, Prof. Emmanuel Osodeke, the National President of ASUU, expressed strong concerns about the newly implemented Students Loan Act. He emphasized that introducing tuition fees through the law would be counterproductive, as over 133 million people in the country live below the poverty line. Osodeke highlighted the reliance of many Nigerian students on tuition-free education and hinted at the possibility of future legislation that could introduce such fees.

METHOD OF APPLICATION AND REPAYMENT: The method of application and repayment of the student loan are provided in section 18 to 22 of the Act as follows:

Eligibility Criteria: Secure admission to a public Nigerian educational institution. Ensure income is below N500,000 per annum and provide two eligible guarantors: civil servants (Not less than 12 years in service), Lawyers(10 years post-call experience), Judicial Officer or Justice of Peace. Although, students who have been found guilty of exam malpractice, felony and students whose parents has defaulted on previous loans will not be considered.

Submit Application: Apply through your institution's Students Affairs Office with required documents.

Loan Approval and Disbursement: The Nigerian Education Bank reviews applications within 30 days and disburses approved loans for tuition.

Repayment Commencement: Start repaying two years after completing the NYSC program. For employees, 10% of monthly salary is deducted by the employer. Self-employed individuals remit 10% of total monthly profit to the designated Students Loan Account.

CRITICISMS

The Nigerian Education Bank as provided in Section 5 and 6 holds tremendous potential for transforming the educational landscape in Nigeria. By providing interest-free loans, it reduces the financial burden on students and their families, enabling them to focus on their studies and pursue their career aspirations without the worry of exorbitant tuition fees.

However, it does not go without criticism, The Act’s provision that students should start repaying the loan two years after completing the National Youth Service Corps (NYSC) overlooks the potential challenges of finding employment immediately after NYSC. It does not account for individuals who may face difficulties securing jobs within that timeframe.

Likewise, the National President, Academic Staff Union of Polytechnics, Mr Anderson Ezeibe, said he has seen one area that will not be practicable. He said: “It says that students should refund the money two years after NYSC. But what is the provision for someone who is not working after NYSC? And will they all get jobs immediately after NYSC?”

RECOMMENDATIONS

Federal Government should introduce flexible repayment terms that consider graduates' employment status, providing a grace period or alternative repayment options for individuals who are unable to secure immediate employment after NYSC.

CONCLUSION

In Conclusion, The Act revolutionizes access to higher education for all Nigerians. By establishing a dedicated bank and interest-free loans, it breaks down financial barriers, unlocking the potential of countless individuals.

Nigerian Senator, Ike Ekweremadu's Human Trafficking Case By Judge Jeremy Johnson

 

Senator Ike Ekweremadu, his wife Beatrice Ekweremadu and the doctor, Obinna Obeta have each been convicted for the offence of conspiracy to commit human trafficking. They brought a young man to London to exploit him by proposing to give him money, coupled with facilitating his stay and getting a job in London for the donation of one of his kidneys on behalf of their sick daughter, Sonia.

People trafficking across international borders for the harvesting of human organs is a form of slavery. It treats human beings and their body parts as commodities to be bought and sold. It is a trade that preys on poverty, misery and desperation. The evidence shows that those who are impoverished and often living in multidimensional poverty desperate for a better life and ignorant of the true risks are sometimes willing to donate their organs for money or the chance to work in the UK. Significant risks  are attached to such without proper care.

Judge Jeremy Johnson, in delivering the judgment said that they each played a part in that despicable trade. Obinna Obeta in the past, underwent a kidney transplant at the Royal Free hospital in London in 2021 and said that himself and the donor were cousins, which was a lie. The clinicians at the Royal free and the independent assessors at the Human Tissue Authority were taken in by the lies of Obinna. They believed that the donor was acting altruistically as a good Samaritan. The transplant went ahead. There is no evidence that the donor was given the necessary aftercare. It is not necessary for the judge to make a finding as to whether Obinna exploited the donor. However, what is clear is that you learn from your experience that it was possible to manipulate and corrupt the regulatory system by using a fabricated affidavit by lying about his relationship with the donor and by coaching the donor to lie.

The Senator and his wife have a daughter Sonia who’s very ill, suffering from FSGS Nephrotic syndrome and needs a kidney transplant. Everybody has enormous sympathy for her and the impact on the family. Sonia’s uncle Diwe Ekweremadu knew Obinna Obeta from medical school and got in touch. Obinna then offered to get a donor and a possible donor was then identified. By law, his name will not be published, as his identity will be reserved for some reasons including for his safety.

The donor grew up in a village where he had no electricity or running water. He left school at the age of 15 and went to Lagos where he sold phone accessories from a wheel barrow in a market. He was earning about N3,500 (three and half thousand naira) a day, which is about just 7 pounds. Tests in Nigeria shows that his blood group was the same as Sonia and so he agreed to come to the UK but the court is very certain that the donor did not intend to carryout the donation altruistically.

 

“There was no reason why he should do so”, Judge Jeremy said, as he was not related to the family of Ekweremadu and did not know Sonia or any member of the family. Nothing was put in place to support his future healthcare needs if he donated his kidney. The wealth and power in equality and disparity between the donor and the Ekweremadu family could not have been more marked. The court further pointed out that Ekweremadu is a Senator in Nigeria, has many staffs, owns multiple properties across the globe and more than 400,000 pounds went into his account in a period of 6 months. Unlike the donor who cannot afford a 20 pound fare to travel from Lagos to Abuja. “You each conspired together to bring the donor to UK in order to exploit him. You all knew it was unlawful”, the Judge said.

Ikweremadu was also a Senator in Nigeria that made this same act of human trafficking an offence in Nigeria but still went ahead to commit the offence knowing the full extent of the consequences. Obinna Obeta secured the visa and said that the donor and Sonia, Ekweremadu’s daughter are cousins, which is the same lie he, Obinna had told in the past. To further add salt to injury, Obinna fabricated an affidavit where he testified that Sonia and the donor are indeed cousins.

Obinna also asked Ekweremadu family to pay the donor a fee of N3.5 million naira but the jury rejected that this money was for his loss of earnings. The evidence suggests that a corrupt relationship was established. The clinicians at the Royal Free hospital refused to perform the operation for the kidney transplant because there were concerns about the donor’s age and ethnicity. The doctors, after interviewing the donor were concerned that the donor was not motivated and physically mature to be an organ donor so the transplant was not approved. The court went further to implore clinicians to report situations like these to the police whenever there are suspicious circumstances like these in order to help curb human trafficking. Obvious indicators in the situation were: the donor was not really the cousin of Sonia and they lied about it, the donor did not really understand the risk he was taking and did not have the complete understanding of the consequences.

When the hospital decided not to go ahead with the transplant, there was a sinister development; a consultant and another man examined the donor at the place where he was being kept but did not know the true purpose of the examination. The donor then believed that he was going to be taken back to Nigeria for the transplant to be conducted there. On the 3^rd of May, when the donor was meant to return to Nigeria, he ran away. He spent two nights sleeping rough. On the 5^th of May about a year ago, he went to the police station and told a police enquiry officer and a detective who then carefully listened to the donor. They also made arrangements to protect the donor. Subsequently, Ekweremadu, his wife, Beatrice Ekweremadu and the doctor were all arrested, charged, prosecuted and convicted.

The court was about to give a compensation on behalf of the donor but he refused to be compensated. The police said that the donor spoke with moral conviction despite knowing the benefits of the compensation considering his circumstance.

They were finally sentenced as follows:

Obinna Odetta - 10 years (²/₃ in custody and the remaining on license)

Ike Ekweremadu - 9 years and 8 months (²/₃ in custody and the remaining on license )

Beatrice Ekweremadu - 4 years 6 months (¹/₂ in custody and the remaining on license).