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Tag: 1999 Constitution

  • #NotTooYoungToRun: Joyous daybreak for the Nigerian youths

    The assurance of President Muhammadu Buhari to sign the “Not Too Young To Run” bill comes as a great beacon light of hope to millions of Nigerian youths who have been seared in the flames of political marginalization.

    It is a healthy weather and a joyous daybreak for our nascent democracy, and a momentous breakthrough for the vibrant youths of our nation as it seems like in few days our constant clamour for inclusion in the elective and political superstructure of our great nation is about to receive a constitutional approbation.

    The political stratosphere is about to become more interesting as we will see young, experienced and brilliant minds share campaign soapboxes and political portfolios with the older generations come 2019.

    The bill, which is part of the process to amend the 1999 Constitution, seeks to reduce the minimum age requirements and entry for elective offices in the country.

    It will ensure that any individual who is a citizen of Nigeria, and has attained at least the ages of twenty-five and thirty years respectively, will have the statutory right to contest elective positions.

    Some of the positions up for grabs are as follows: membership of the National Assembly, membership of the House of Assembly, Governor and President.

    Read also: Youth not fully ready for leadership -Yero

    Below is the full details of the “Not Too Young To Run” Bill:

    Qualifications for Membership of National Assembly

    1. Section 65 (1)(a) and (b) is amended by substituting the provisions with a new

    provision as follows:

    A person shall be qualified for election as a member of –

    (a) the Senate, if he is a citizen of Nigeria and has attained the age of thirty years;

    and

    (b) the House of Representatives, if he is a citizen of Nigeria and has attained the age

    of twenty-five years.

    1. Section 65 (2)(b) is amended by substituting the provision with a provision as

    follows:

    A person shall be qualified for election under subsection (1) of this section if –

    (c) He is member of a political party and is sponsored by that party or he is an independent candidate

    Qualifications for Membership of House of Assembly

    1. Section 106 (b) and (d) is amended by substituting the provisions with new provision as follows:

    A person shall be qualified for election as a member of a House of Assembly if –

    (b) he has attained the age of twenty-five years;

    (d) he is a member of a political party and is sponsored by that party or he is an independent candidate

    Qualifications for election as President

    1. Section 131 (b) and (c) is amended by substituting the provisions with new provisions as follows:

    A person shall be qualified for election to the office of the President if –

    (b) he has attained the age of thirty;

    (c) he is a member of a political party and is sponsored by that political party or he is an independent candidate

    Qualifications for election as Governor

    1. Section 177 (b) and (c) is amended by substituting the provisions with new provisions as follows:

    A person shall be qualified for election to the office of the Governor of a State if –

    (b) he has attained the age of thirty;

    (c) he is a member of a political party and is sponsored by that political party or he is an independent candidate

    1. This Bill may be cited as Constitution (Alteration) Bill, 2016

    EXPLANATORY MEMORANDUM

    This Bill seeks to alter the Section 65, 106, 131, 177 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) to reduce the age qualification for the office of the President and Governor and membership of the Senate and House of Representatives and the State House of Assembly. The Bill also seeks to allow independent candidacy in Nigeria’s electoral process.

    President Buhari is perceived to be a man of integrity who keeps to his words and promises; the days to come will validate such conjectures. Let’s see if he would transform his promises from thin paper to thick action.

    Great Nigerian Youths….our time has come.

    We are the leaders of NOW.

     

    Moses Emorinken is a reporter with The Nation Newspaper from the business desk.

    Twitter & Instagram : @memorinken

  • Breaking: Buhari, Saraki, Dogara meet in Aso Rock 

    President Muhammadu Buhari on Monday met behind closed doors with the leadership of the National Assembly.

    The meeting started around 2.p.m when the Senate President, Bukola Saraki and Speaker of the House of Representatives, Yakubu Dogara arrived the President’s office.

    While the 2018 Budget proposal submitted to National Assembly last November is yet to be passed, other issues have also made the relationship between the two arms of government not too cordial.

    The latest was the threat by the National Assembly to invoke Section 143 of the 1999 Constitution towards starting impeachment process against the President for purchase military jets without lawmakers’ approval.

    The meeting was still in progress at the time of filing this report

    Details later…

  • Senate threatens to halt budgets of 444 defaulting agencies

    Senate threatens to halt budgets of 444 defaulting agencies

    The Senate has threatened to halt work on the 2018 budgets of no fewer than 444 federal commissions, agencies, corporations and parastatals for failure to submit their account records to the Auditor General for the Federation over the years.

    The action of the agencies contravened Section 85 of the 1999 Constitution (as amended), which mandated such federal agencies to submit their audited reports to the Auditor General, for onward transmission to the National Assembly.

    Worried by the development, the Senate on Wednesday gave the affected agencies till the end of May 2018 to comply or have their 2018 budget proposals withdrawn.

    Chairman Senate Public Accounts Committee, Senator Matthew Urhoghide (PDP, Edo State), while presenting a report at plenary on Wednesday, pointed out that of the 491 federal agencies, only 47 have fully complied by submitting their audited reports for 2017.

    The agencies that have complied included: Assets Management Company to Nigeria (AMCON); Central Bank of Nigeria (CBN); Abuja Property Development Company; Citizenship and Leadership Training Centre; National Law Reform Commission; National Agricultural Seeds Council; National Open University; University of Abuja among others.

    In all, Urhoghide revealed that 444 agencies are yet to comply.

    Among the defaulting agencies, 85 had never submitted audit report since they were created. While others are in arrears for five to 17 years.

    The report listed some of the agencies yet to submit their reports since inception to include: Bank of Industry (BoI); Bank of Agriculture (BoA); Economic and Financial Crimes Commission (EFCC); FCT Internal Revenue Service; FCT Universal Basic Education Board; Agricultural Research Council of Nigeria; Abuja Infrastructural Investment Centre; National Automotive Council among others.

    The report also named parastatals that are yet to submit their audited accounts between six and 10 years to include the Debt Management Office (DMO); Nigeria National Petroleum Corporation (NNPC); National Insurance Commission; Financial Reporting Council; Bureau for Public Enterprises (BPE); and Federal Mortgage Bank of Nigeria.

    Others are Bureau for Public Procurement (BPP); National Health Insurance Scheme (NHIS); Nigerian Maritime Administration and Safety Agency (NIMASA); Independent National Electoral Commission (INEC) among others.

    The committee chairman said that many of the parastatals were not willing to submit their audited accounts without being compelled, adding that many of the parastatals do not take issues of accountability in public expenditure seriously.

    He accused the Auditor-General of placing less premium on high profile federal agencies with huge accounts like the NNPC, NPA, NIMASA, CBN, TETFUND, etc.

    “An agency like the EFCC misinterprets the reporting requirement in their enabling Acts to violate the Constitution,” he stated.

    Other recommendations by the committee urged the Office of the Auditor-General for the Federation to constantly update and reconcile with parastatals on their status of compliance.

    It also urged the Auditor General to liaise with the Bureau for Public Enterprises (BPE) and the Office of the Secretary to the Government of the Federation to clarify status of privatised and merged/scrapped Parastatals.

    It also recommended adequate budgetary allocations to the office of the Auditor-General to enhance performance.

    Read Also: Senate, Reps bicker over NFIU bill

  • Court orders ABSU to restore Kalu’s withdrawn degree

    Court orders ABSU to restore Kalu’s withdrawn degree

    A High Court in Isuikwuato has ordered the Abia State University to restore a degree certificate which was withdrawn from former Governor Orji Uzor Kalu.

    Justice Agwu Umah Kalu held that the university’s withdrawal of the degree was unconstitutional.

    He directed the university’s Senate (the second defendant) to immediate restore the certificate to Kalu.

    Justice Kalu held that the claimant’s suit was meritorious; he granted all the reliefs sought.

    The judge nullified the university’s senate ad-hoc investigation panel report on allegations of fraud and breach of regulations concerning Kalu’s admission and graduation.

    According to the judge, the university’s March 1, 2013 decision to cancel and withdraw Kalu’s degree without affording him an opportunity to defend “the grave allegations against him” amounted to a breach of the claimant’s right to a fair hearing guaranteed by the 1999 Constitution.

    “Finally, an order issues from this court mandating and/or directing the second defendant to immediately restore the degree result and certificate of the claimant Kalu Orji,” the judge ordered.

    Kalu filed the suit on May 27, 2013. He sought a declaration that the university withdrew his certificate without affording him an opportunity to defend the serious allegations against him.

    He sought an order quashing the proceedings, as well as an order mandating the university to restore the degree result and certificate to him.

    The university, in its defence, argued that the suit was premature because the claimant did not seek or exhaust the domestic remedies as provided in Section 9[5] of the ABSU Edict No. 5 of 1995 before suing.

    ABSU urged the court to hold that the suit was, therefore, incompetent and robbed the court its jurisdiction to hear and determine it.

    The university senate withdrew the degree certificate it awarded Kalu while he was a sitting governor of the state.

    It said there was a violation of its academic regulations on admission-by-transfer, which rendered the offer irregular, ab initio.

    It said Kalu did not complete the mandatory six semesters (three academic years of study), but spent only two semesters in all.

    But, Justice Kalu dismissed the university’s objections and held that the maxim audi alterem partem accentuates the rule of fair hearing.

    “It lays down that no man should be condemned unheard. It is the first principle of the civilised jurisprudence that a person facing charges must be given an opportunity to be heard before any decision is taken against him,” the judge said.

    The judge said it was clear that the defendants did not accord the claimant his right to fair hearing.

    “He was not informed of the petition written against him. He was not shown the exhibit ‘E’. The claimant was not informed of the setting up of the senate ad-hoc panel to investigate the matter of the exhibit ‘E’ as it concerned the claimant.

    “The claimant was not invited to the sittings of the said ad-hoc panel and the second defendant before each arrived at the decision adverse to the interest of the claimant.

    “In a nutshell, the defendants did not afford the claimant common courtesy, decency and natural justice.

    “Even God, in all His omniscience, did not pass a sentence upon Adam before he was called upon to make his defence.

    “In the immortal words of Lord Denning in Pett v. Greyhound Racing Association [1968] 2 ALL ER 545, when a man’s reputation or livelihood is at stake, he not only has a right to speak by his mouth, he also has a right to speak by counsel, if he so desires.

    “Following all I have said above, the court holds that the suit of the claimant is meritorious and grants all the reliefs sought by the claimant,” the judge held.

  • Section 143 of the constitution ‘satanic’ – Dogara

    Section 143 of the constitution ‘satanic’ – Dogara

    The Speaker of the House of Representatives, Yakubu Dogara, has foreclosed any possibility of removing a Nigerian President unless the 1999 Constitution is amended.

    He described Section 143 of the 1999 Constitution “a satanic verse” for making it impossible for the National Assembly remove the President or Vice President.

    Dogara spoke on the topic: ‘Deepening Democracy: Role of the Legislature’ at the Third Public Lecture series of Nasarawa State University, Keffi, where he regretted that with provisions of section 143, the President  can choose the laws to obey without any retribution forgetting that democracy is a government  of laws and not of men.

    The Speaker, however, noted that the National Assembly has contributed a lot in stabilising and deepening Nigeria’s constitutional democracy through strengthening of due process and the rule of law.

    He said democracy cannot thrive without citizens’ active participation because it is the responsibility of the people to protect democracy and hold leaders accountable

    He said: “There can be no democracy without the active participation of the citizens. Any country where the government fears the citizens then it is a democracy.

    “The legislature in Nigeria has contributed immensely in deepening the practice of constitutional democracy in Nigeria, especially since the introduction of the 1999 Constitution, in its various functions. If Democracy rests on the due process and the rule of law, it therefore means that our democracy can only be as deep as the laws upon which it is built.”

     

  • Agbakoba to court: Disqualify Buhari as Petroleum Minister

    Agbakoba to court: Disqualify Buhari as Petroleum Minister

    A former President of the Nigerian Bar Association (NBA) Mr Olisa Agbakoba has asked a Federal High Court in Abuja to disqualify President Muhammadu Buhari from holding office as Petroleum Minister.

    Agbakoba prayed the court to declare that by Section 138 of the 1999 Constitution, the holder of the office of President of Nigeria cannot simultaneously, legally hold another executive office, such as that of a petroleum minister.

    The court is yet to fix a date for hearing of the suit.

    Read Also: FG lauded by Ekweremadu on 41Km Enugu-Ebonyi road rehabilitation

  • Knocks for Senate over amendments to 1999 Constitution

    Knocks for Senate over amendments to 1999 Constitution

    Senators have drawn the ire of some senior lawyers over the passage of what they called self-serving amendments to the 1999 Constitution. The lawmakers, they said engaged in futile exercise.Robert Egbe and Adebisi Onanuga report.

    Senior lawyers yesterday expressed dismay over the Senate’s amendments to the 1999 Constitution.

    They said most of the amendments would fail as they are not well intended but self-serving.

    The Senior Advocates of Nigeria (SAN) included Femi Falana, Babatunde Fashanu, Sebastin Hon and Seyi Sowemimo.

    While they agreed that the National Assembly (NASS), comprising the Senate and the House of Representatives, has the power to  amend the Constitution as laid down in Section 9 of the 1999 Constitution, they said the on-going exercise may not be in good faith.

    Activist lawyer Falana described the amendment as another exercise in futility.

    He claimed that when the immunity conferred on the legislators is considered and the vote against devolution of powers,” the proposed amendment is going to be another exercise in futility”.

    “If the amendment is passed, it will not affect the on-going review of the Constitution as it cannot have a retrospective effect.

    “The proposed amendment bill will have to be signed into law by President Muhammadu Buhari. If he withholds his assent, the votes of two thirds majority of National Assembly members and 24 states will be required to pass the proposal”, he stated.

    Fashanu said some of the amendments will fail because of the heavy conditions imposed on them. He listed those that fall into that category to include the amendments made on states creation and boundary adjustment.

    The lawyer maintained that many of the amendments by the Senate to the Constitution are “obviously self-serving, like removing assent to bills from the president, giving immunity to lawmakers from criminal prosecution and membership of the Council of States”.

    He, however, admitted that some of the amendments may be viewed as progressive, “like devolution of power to states and putting a lid as to time for budgetary and appropriation matters and appointment of ministers.

    “I take the position of my teacher, Professor Akin Oyebode of the Faculty of Law, University of Lagos, that what the National Assembly should be doing right now is to be deliberating on and enacting laws for the setting up of a Constituent Assembly to produce a brand new constitution”, he said.

    He said this would enable the nation to “take the opportunity to rebrand itself for proper devolution of powers, restructuring and real federalism. One cannot but agree with him when we realise that the 1999 Constitution of the Federal Republic of Nigeria (CFRN) itself was drawn up by the military without the involvement and participation of the citizenry and so many problems have arisen in its implementation because of this fundamental flaw including the current agitations for secession and restructuring”.

    Hon queried the Senate for wanting to preclude the President from the constitutional process of amending the constitution.

    “It is not well intended. It is a sharp break from our constitutional history of amending the constitution.

    “The Senate needs to convince Nigerians if they have good intentions for introducing that amendment.

    “The President  had been assenting to all constitutional amendment. There is no possible reason why that constitutional tradition should break at this point.

    “Additionally, the President is the number one citizen at any time and a major stakeholder. One begins to wonder why the Senate will propose to exclude the President from his constitutional functions.

    “I do not support that amendment. I think we should maintain status quo” he said.

    Sowemimo reasoned that a law in favour of stripping the President’s power of veto was not one of the important areas engaging the minds of the nation at the moment.

    He said Nigerians are more preoccupied with “issues that can help devolution of powers, more or less political and economic restructuring.

    “Those are the sort of things I think they should be concentrating on in order to help defuse the heat in the polity.

    “Presently, the topic engaging the minds of the people now is usually restructuring. I don’t think scrapping the president’s power to assent to amendments is what we need now. They were supposed to deal with issues such as removal of the Land Use Act, but they probably didn’t want to deal with that because they felt it would impact on the issue of resource control.

    “Those are the important areas. The areas they have dwelt on now to me,    are not really the important areas we require constitutional amendments. They should focus on devolution of powers, restructuring generally, not this other things which they have done.”

    Two other SANs, Dr. Paul Ananaba and Abiodun Owonikoko backed the senators’ bid to remove the President’s power to veto constitutional amendment.

    Ananaba said: “The president shouldn’t have a veto over constitutional amendment. When a bill goes through the National Assembly and state houses of assembly, it is an expression of the will of the people, the constitution says ‘We the people…’ So, it’s different from any other bill. The president can assent to those other bill, but there’s no need for presidential assent for constitutional amendment.”

    Ananaba noted that the president himself is from a constituency “and is represented by those in the National Assembly.”

    He, however, disagreed with the passage of a bill requiring former Senate Presidents and Speakers of the House of Assembly to attend council of state meetings.

    “It would make Council of State meetings a rowdy crowd. I don’t agree with that. With the way we change speakers, it will become another National Assembly,” Ananaba said.

    Owonikoko shared Ananaba’s view  on the president’s veto powers.

    He said: “The bill for removal of presidential assent to constitutional amendment is well reasoned. In a republic, the groundnorm is the constitution. It should derive its validity from the people directly or through their duly elected representative. The interposition of presidential assent for its coming into effect is an aberration. Though not so stipulated by the constitution, it generated animated controversy in the past.

    “When it is recalled that a bill for such an amendment requires special and greater majority of votes in parliament as well as concurring resolution of super majority of state houses of assembly afterwards, I can see no functional benefit in subjecting it to potential veto of the president by requiring his assent.

    “The normal effect of a veto is to return the bill for passage by two-third majority of the National Assembly in the case of simple legislation. That reassurance of popular override is not provided in the case of constitutional amendment. The threshold would already have been crossed at the first passage. The amendment will therefore bring clarity to the constitutional amendment legislative process.

    “The first, second and third alterations Act of 2010 and 2011 were assented to by President Goodluck Jonathan though many scholars thought it a surplus age but the propriety was never tested as it became an academic issue .

    “This present effort however implies a concession that for the present fourth alteration to the constitution to come into force a presidential asset will be required. It may then be the last time a president will ever have an opportunity to assent to a bill amending the constitution.  That will further entrench the republican underpinning of our constitution.”

    Owonikoko, however, expressed reservations about the lawmakers’ attempt to “entrench privilege and immunity of the legislature sitting in plenary and in committee.”

    He said: “I must say it is debatable whether it is desirable. The Legislative House Privileges Act already provides for that. I cannot see the amendment as being responsive to any threat or lacuna in the protection the lawmakers already enjoy.

    “The only issue is that as against mere privileges; they are legislating immunity for themselves. The history of abuse of such licentiousness by the executive does not inspire endorsement of the amendment which merely extends the space for impunity into the legislative realm.

    “Immunity unlike privilege excuses illegality whereas privilege merely legitimises some predetermined conduct on the part of the protectee. I will be loath to support the initiative being entrenched in the constitution. Privilege -Yes ; Immunity – total no. The present law and Sections 88-89 of the constitution suffice. Same holds for state houses of assembly.”

  • Ambode calls for closure of Federal Land Registry in Lagos

    Ambode calls for closure of Federal Land Registry in Lagos

    …Says revenue sharing formula unfair, unacceptable

    Lagos State Governor, Mr Akinwunmi Ambode on Friday described the continuous operation of the Federal Land Registry in Lagos as an aberration which the current ongoing Constitutional amendment process must address in line with the principle of fiscal federalism.

    Speaking at a joint working retreat of Senate and House Representatives Committees on the Review of 1999 Constitution held in Lagos, Governor Ambode also called on the National Assembly to jettison the proposed Stamp duties Bill currently being considered, which according to him, would cripple the internally generated revenue due to States in the federation if allowed to scale through.

    While faulting the Federal Land Registry in Lagos which was established when Lagos was Federal Capital Territory, the Governor said the continuous operation of the registry was an aberration and it ought to have been closed and all title therein moved to the Lagos State Land Registry, urging the federal lawmakers to urgently correct the anomaly.

    He also called for the restriction of Land Use Act only to the Federal Capital Territory on the basis of the fact that land had always been and should remain a residual matter for the State Houses of Assembly to legislate upon, hence the need for the Act to become Land Use Law of the States.

    On the Stamp Duties Bill, the Governor said: “I will also like to express the imminent dangers inherent in the proposed Stamp duties Bill which no doubt seeks to cripple the internally generated revenue due to States in the federation in favour of a Federal Government Agency- NIPOST.

    “The Bill is presently before the National Assembly and it is a grave threat to the principles of fiscal federalism and as representatives of the true beneficiaries of the Act as it presently stands, there is need to put an urgent and immediate end to its further coordination by the National Assembly which also has the noble tradition that once a matter is before the Court, all activities on the matter would be suspended.”

    He said the call became imperative in view of a case currently pending before the Supreme Court between Lagos State Government Attorney General and Attorney General of the Federation.

    While highlighting some of the unhelpful provisions in the Constitution, Governor Ambode attributed the imbalance in the financial resources of States and Local Governments to the current unhealthy revenue sharing formula which is heavily tilted in favour of the Federal Government, calling for an urgent review to enable other tiers of government realise their potentials and accelerate growth and development.

    He said: “The current revenue allocation formula by which the Federal Government takes as much as 52.68% of centrally-collected revenues in the Federation Account, leaving the States and Local Governments with 26.72% and 20.60% respectively has created a glaring and unacceptable imbalance in the financial resources of the three tiers of government.

    “The sharing formula should be limited to Federal and State governments. Since Local Governments are to come under the purview of the States, allocations to them should be shared to States as they can have as many Local Governments as they wish. The 774 formula is inequitable.”

    Governor Ambode also reinstated his call for special status to be granted to Lagos in the proposed Constitutional amendment being the former federal capital territory of Nigeria, the economic and commercial nerve centre of the nation, and taking into cognizance the high population density and continuous influx of people into the State.

    He said such was even more important considering the fact that whatever comes to Lagos would be in the overall interest of all Nigerians, as the State holds the trigger of Nigeria’s growth and development.

    Besides, Governor Ambode said it was time for Section 214 (1) of the Constitution to be amended to allow States to establish their own Police Service, as the current arrangement was unhelpful to truly protect the citizens.

    He said over the years, the Federal Government had been unable to provide resources necessary to pay, equip and train policemen to the level required by the challenges they face, adding that the situation whereby only about 300,000 policemen are policing more than 140 million which is a ratio of 1 to 467, confirmed the fact that the country was grossly under-policed.

    He said the situation had negatively affected States like Lagos with huge population saying despite the massive financial support to security agencies by most States including Lagos, such was still inadequate mainly because State Governments have no influence over the number of men recruited for or deployed to their domains.

  • Senate moves against Osinbajo over Magu

    Senate moves against Osinbajo over Magu

    …Suspends all confirmation requests

     

    What appeared to be the resumption of the face-off between the Executive and the Legislature took place in the Senate Tuesday.

    The upper chamber resolved to ask the Acting President, Yemi Osinbajo, to immediately take steps to implement its resolutions including the immediate removal of Acting Chairman, Economic and Financial Crimes Commission (EFCC), Ibahim Magu.

    It also resolved to suspend any form of confirmation of nominees referred to it by the executive until issues relating to the power of the Senate to confirm executive nominees as contained in the constitution are resolved.

    The lawmakers further resolved that the Acting President must respect the constitution as it relates to the issue of confirmation.

    The Senate insisted that its resolutions especially the rejection of nominees must be adhered to by the Acting President.

    Those, whose nominations were rejected, the lawmakers said, must be relieved of their duties.

    The lawmakers wondered why the Acting Chairman EFCC whose nomination was turned down was still being haboured by the Executive.

    The Senate also resolved to ask Osinbajo to withdraw a statement credited to him that the Senate lacked the powers to confirm nominees.

    The resolutions came after over one hour closed session where the lawmakers were said to have discussed the issues that formed the thrust of the decisions.

    The lawmaker tacitly warned of dare consequences should the resolutions be ignored by the Executive.

    Senate President, Abubakar Bukola Saraki had read a letter of request for the confirmation of the appointment of Mr. Lanre Gbajabiamila, as Director General, National Lottery Regulatory Commission sent to the Senate by Osinbajo.

    Hardly had Saraki concluded reading the four paragraph letter dated 12 June, 2017 when Senator Ahmed Sani Yerima moved a point of Order that Acting President’s position on confirmation of nominees should be discussed before the nomination Gbajabiamila should be treated.

    Senator Yerima’s Point of Order opened a flood gate of attack on the Executive as senators took turns to bear their minds on the relationship between the two arms of government.

    Senate President, Abubakar Bukola Saraki, who summed up the contributions of apparently angry senators, alluded to this when he insisted the resolutions must be complied with.

    Saraki said “Distinguished colleagues, let me thank Senator Yerima for coming under Privileges. I think this matter is a very important matter but I think we need to address it once and for all and put it behind us.

    “Because as a society, we can’t pass laws and say these laws should not be obeyed. It is very clear these resolutions as passed must be acted upon by the Acting President.

    “And ensure that we continue to respect our democracy, our laws and constitution. It is not for us to choose which laws we obey and which laws we don’t obey.

    “That is not the way any civilised, modern society work. And we hope that the Acting President will take appropriate action in line with these resolutions.”

    Yerima (Zamfara West) who raised Order 14 of the Senate Standing Rules (Previleges) noted that since the Acting President concluded that the Senate lacked the power to confirm nominees, there was no need to acknowledge any letter from the executive on issues related to confirmation of appointments.

    He said, “I want to draw the attention of the Senate to a statement credited to the Acting President, Professor Yemi Osinbajo that the Senate does not have the power to confirm.

    “I was surprised to see the Senate President read a letter from the same Acting President who said the Senate does not have the power to confirm a nominee from the executive.

    “I am raising this point of order to draw the attention of the Senate to this issue and urge that we suspend any further action on confirmation of any nominee until the issue is resolved.”

    Senator George Sekibo (River East) on his own asked the Senate to take a firm position and reject any attempts to weaken the National Assembly.

    Sekibo said: “A careful look at what is happening will tell Nigerians that they are trying to indirectly take over our responsibilities. The main function of the National Assembly is to make laws. The clearing of nominees from the President is one of the major functions of the Senate.

    “All the various laws made to establish agencies of the Federal Government state that we will confirm nominations into such bodies. When an Acting President says that the Senate has no powers to confirm, I wonder if he is familiar with the provisions of the 1999 Constitution as amended.

    “In a civilian democracy, there is nothing like an executive order. You cannot wake up and issue executive orders. You cannot also wake up and tell nominees to take over office. This goes contrary to the provisions of the constitution.

    “The moment you are playing down on the constitution,then you are playing down on the integrity of the Nigerian people. If the Acting President said we do not have the powers to confirm and he is sending a name that we should confirm, then what do we do? Senate should place a suspension on nomination until we determine whether we have the powers to confirm or not.”

    Senator Isa Hamma Misau (Bauchi North) lamented what he described as “the hypocrisy of the executive.”

    Misau wondered why “the National Assembly should always blackmailed by the executive to do their bidding.”

    He said, “This is a double standard or an act of hypocrisy. It is like they do not want this National Assembly to function properly. Sometimes, we associate corruption with only financial misappropriation. But there is also corruption in the area of appointments. When you appoint your friend into an office, it is corruption. We are here to serve the people.

    “The National Assembly is being blackmailed. They stormed the house of the Deputy President of the Senate and the house of the Appropriation committee chairman. They lied that it was the police that carried out the raid. But we know that it was the EFCC. It is time that we challenge the executive whenever they attack us.”

    Senator Samuel Anyanwu (Imo East) said “We must situate this issue. I am surprised that we still accept nominations in this chamber. We agreed that we will not take nominations again from the executive until certain things are resolved. We must take a stand. The leadership does not do anything about this issue within 48 hours, we will move against the leadership.”

    Senator Dino Melaye (Kogi West) on his on his own said that the Executive is always playing  “blues and ragea.”

    Melaye who is fighting a battle of his life to fence off attempts by some of his constituents to recall, said that the Senate should stand up to the Executive and its antics.

    He said, “There is a call on senators to serve Nigerians. It is time for us to tell the executive to stop playing blues and dance reggae. The executive must stop approbating and reprobating powers to itself.  In this same chamber, we invited the Acting EFCC chairman. We invited him for a job interview and he failed. We rejected him.

    “As I speak, Magu is still parading himself as EFCC chairman. Now, the same executive is sending a name for us to confirm. We confirmed Resident Electoral Commissioners before we went on break. They have sworn-in some people and have refused to do same for others. This Senate leadership must act and take a position.

    “It is time for the Senate to apply force. I am moving a motion that it becomes abominable for the Senate President to read another confirmation letter until the integrity of this Senate is respected by the executive.”

    Senate Chief Whip, Senator Olusola Adeyeye, (Osun Central) in his contribution insisted that it is incumbent on the executive to obey the provisions of the constitution.

    Adeyeye warned against attempts by the executive to destroy the institution of the Senate and insisted that anybody who is uncomfortable with any law should go to court to challenge it.

    He said: “These are frightening times. This is because many Nigerians, including many of us here put our lives on the line to ensure that we have democratic governance in Nigeria.

    “We need to remind the republic that the difference between the military and a democratic regime, is the existence of the legislature.

    “Every public servant is bound to obey every law of the republic. Nobody, not the President, vice or the Senate President has the right to disobey our laws. Whoever has problems with our laws should go to court and declare them null and void. Until that is done, every law of the law must be respected.

    “I voted yes for Magu. But the Senate of the Federal Republic of Nigeria voted no. I stand with the Nigerian Senate. I choose a strong institution. We should not allow our institutions to be weakened. I want to lend the whole of my being to the first realm of the estate which is the legislature. I pray that we assert the independence of the legislature and not as a sign of power mongering, but to show that this is not the government of strong individuals.”

    Deputy Senate President, Senator Ike Ekweremadu, who also added his voice to the debate said that the executive must obey the contents of the constitution.

    Ekweremadu who cited different sections of the constitution said that Section 171 of the Constitution relied upon by the Executive to retain Magu talked about personal staff of Mr. President.

    He noted that the issue under discussion has nothing to do with Magu or the DG National Lottery Commission but has a lot to d with what the Constitution said.

    Ekweremadu said, “Let me make it clear that this has nothing to do with the Director-General of Lottery Commission or Ibrahim Magu, but about our constitution. One of the features of the Senate is the power of confirmation. The framers of the constitution gave the power to the Senate.

    “If the law says that an appointee requires confirmation, we must obey what the law says. The executive must follow the provisions of the constitution.”

    Senator Enyinnaya Abaribe (Abia South) caused a stir in the Senate when he said that there is a vaccum in the Presidency.

    Abaribe  drew the attention of the Senate to what he tagged a vacuum created in the country, following the two-day absence of the Acting President, Professor Osinbajo from the country.

    Osinbajo travelled to Ethiopia on Sunday to attend an African Union (AU) meeting and returned to the country yesterday.

    Abaribe said, “The Acting President is the head of government now. We have a serious problem. As of today, there is nobody who is the head of government. The law and the procedure state that you cannot have a vacuum. The Acting President is out of the country and there is a vacuum.”

    Abaribe’s comment threw the chamber into confusion as some Senators agreed with him while others attempted to shout him down.

    He persisted until Senator Kabiru Marafa moved a Point of Order to stop him.

    For over 10 minutes, the Chamber was rowdy.  Senator lined up on political affiliation.

    Senator Marafa who relied on Order 53(4) of the Senate Standing Rules said the issue Abaribe raised was not part of the issue before the Senate. Marafa said that the constitution made it clear that in the absence of the President, the Vice President takes over and in the absence of the Vice President, the Senate President is the next in command and the President.

    There was a loud roar in the chamber as some Senators shouted “you are correct.”

    Saraki agreed and ruled Abaribe out of Order.

    The issue we are discussing has nothing to do with what Abaribe raised. We may have to discuss that at another day if need be. I have to rule you out of order Abaribe.”

    Saraki called Melaye who reeled out the resolutions adopted by the upper chamber.

    Chairman, Senate Committee on Media and Publicity, Senator Aliyu Sabi Abdullahi who spoke at a news conference said that the import of the resolutions of the Senate was that rule of law should be supreme at all times no matter who is involved.

    He noted that the resolutions were clear that the Senate Should suspend all confirmations referred to it until issues relating to confirmation as contained in the constitution were resolved.

    Abdullahi said that the Executive must do what “needs to be done at all times.”

    “We are asking the Acting President to respect the resolutions of the Senate. The Senate rejected Magu and Magu is still acting as EFCC chairman,” he said

     

  • Ademola Adeleke was not a member of our party – Osun APC 

    Ademola Adeleke was not a member of our party – Osun APC 

    The Osun Chapter of the All Progressive Congress (APC) has described as total falsehood the reasons put forward by Otunba Ademola Adeleke for his withdrawal from the primary election for the Senatorial ticket for the Osun West district conducted on Wednesday by the party.

    In a statement by the Publicity Secretary of Osun APC, Barr. Kunle Oyatomi, the party said the purported withdrawal and resignation by Adeleke, was purely a reconsideration as well as an admission of his apparent weakness to confront a tough challenger with substantial grassroots backing.

    Adeleke had alleged that he withdrew from the APC primary because of manipulation and interference by some political godfathers and the decision of the party not to conduct the primary election in Iwo, being the headquarters of the Osun West Senatorial District.

    The party however, countered that the allegations by Adeleke were not only baseless and unsubstantiated; they were equally unfounded and had no direct or indirect bearing with the candidate’s decision to abandon his quest for the party’s ticket.

    Oyatomi said Adeleke was not conversant with the established procedure for the nomination of a candidate to contest an election in the APC.

    The party scribe said that checks also revealed that Adeleke was never a member of APC in the state as there is no evidence of his registration as a member in his Abogunde/Sagba Ward 2 in Ede North LGA, his ward, adding that there were also no records of his involvement in party meetings at all levels.

    He noted that the party also received petition dated the 9th day of June, 2017, which was to the effect that Adeleke is not a member of the APC in the state.

    The statement said in part: “It is obvious that Otunba Ademola Adeleke is not conversant with the processes for the nomination of a candidate to contest an election in our party.

    “Contrary to his erroneous claim of obvious manipulations and interference, paragraph 16(d) of the 2014 Guidelines for the Nomination of Candidates for Public Office makes it clear that the National Working Party (NWC), acting on behalf of National Executive Committee (NEC), is the ultimate authority on the qualifications of candidates to contest a primary election.

    “This is more so if an appeal is lodged by any aggrieved aspirant or candidate. Therefore, the decision of the NWC cannot be seen as manipulation as this has been the standard practice of our great party since its formation.

    “Second, the claim that the primary was not held at the Senatorial District headquarters is baseless. For one thing, there is no such thing as a senatorial district headquarters in the 1999 Constitution.

    “As such, there is no provision either in the Constitution of the APC or the 2014 Guidelines for the Nomination of Candidates for Public Office that the primaries must be held at a particular venue. For example, the presidential primary in 2015 was held in Lagos. It could have been held in Osogbo or anywhere else in the country.

    “Third, available records now reveal that Otunba Adeleke was never a member of APC in the state, as there is no evidence of his registration as a member in his Abogunde/Sagba Ward 2 in Ede North LGA. There are also no records of his involvement in party meetings at all levels.

    “Rather, there is a petition, dated the 9th day of June, 2017, which is to the effect that Otunba Adeleke is not a member of the APC.  At best, his only affiliations with the party were his occasional appearances with his late brother, Senator Isiaka Adetunji Adeleke, at party functions, particularly the campaigns.

    “The fact that he is a member of the Adeleke family therefore cannot and does not confer membership of the APC on him. This is like the case of Fadeyi Oloro, a popular YorubAartiste, who always attends APC functions, without being a member of our great party.

    “In any event, at the Security Stakeholders Meeting held just Thursday, where Otunba Adeleke was represented by his brother, Dele Adeleke, he did not object to the arrangements for the primary, but rather concurred with the outlined procedure, including the venue, security and logistic arrangements.”

    Oyatomi averred that the purported withdrawal and resignation of Adeleke was therefore, a second thought as well as an admission of his obvious weakness to confront a formidable opponent with massive grassroots supports.

    He said that APC Osun State Chapter cannot be blackmailed by an opportunists and an upstart, who was committed to stealing the party’s mandate to the detriment of loyal and committed members that have toiled and sacrificed to build a formidable party of choice in the state and the country at large.

    Oyatomi noted that the lesson anyone should learn from the above scenario is that it would be right for party to always queue behind a loyal member when a very important political decision is to be taken.

    He continued; “The lesson to be learnt from this unfortunate event is that the party should stand at all times by its committed and loyal members, and abide by the constitution and core values that bind loyal party members. Our members should henceforth understand the hypocrisy of political jobbers, who are affiliating with us for pecuniary benefits.

    “It is instructive to reflect on the sad irony of Otunba Adeleke’s behaviour. It will be recalled that it was

    Senator Mudashiru Olatunji Husain, who, in 2015, voluntarily relinquished the senatorial seat, which he won in the 2011 senatorial election against Senator Isiaka Adetunji Adeleke with a landslide margin of 112,000 votes, at the behest of the party.

    “As a loyal party member, Senator Hussain accepted the demand of the party to surrender the Senate seat he occupied to Senator Isiaka Adetunji Adeleke without a contest, as a mark of honour for the deceased Senator and respect for the decision of the party.

    “Let us contrast this with the noise and cacophony of Ademola Jackson Adeleke on the just decision of the apex decision making organ of the party, the NWC, to have a fair contest within the party, involving him and Senator Hussain, who yielded the seat for his brother two years ago, for the determination of who is the democratic choice of the party for the senatorial ticket in the West Senatorial election of July 8, 2017. Otunba Adeleke’s behaviour is aptly captured in the popular 1970s lyric of Chief Commander Obey, which spoke of a proverbial fortune finder, who wants to die with it. You would wonder about what the person who lost the fortune should do.

    “The nature and character of the individuals involved in the ongoing political drama are well exposed for our people to know and judge. Finally, we wish to assure the general public of our preparedness and commitment towards winning the bye-election slated for 8th of July 2017.”