Tag: administration

  • People’s input vital to my  administration, says Fayemi

    People’s input vital to my administration, says Fayemi

    Ekiti State Governor Kayode Fayemi has said his ongoing Town Hall meetings with communities are not politically-motivated.

    He said it was borne out of his respect for the opinions of the masses, who elected him.

    Fayemi spoke on Monday during a tour of 13 communities in Ikole Local Government Area.

    He said his pact with the people was to “do government with them and not do government to them”, so their input must be reflected in all government’s actions and decisions.’’

    Fayemi said a governor should not decide what he feels the people need because the people’s needs may differ from his perception.

    He said the Town Hall meetings were to enable communities have a direct input into budget preparation.

    At Odo-Ayedun, where the people requested more funds to complete the perimeter fencing of the Oba’s palace, the governor said his administration’s grants-in-aid programme was to support self-help projects.

    He said the intention was not to usurp the functions of the Ekiti Social and Community-based Development Agency, which is empowered by the World Bank and the state government to help communities with their priority projects.

    Fayemi urged political appointees from each community to return home and support community development projects, saying they were appointed as representatives of their communities.

    On the request of some communities for the deployment of teachers to schools in their areas, the governor warned teachers against influencing their postings.

    He said teachers posted to rural areas would be given the Rural Teacher Posting Allowance.

    Some communities complained of lack of teachers, saying some schools had only the headteacher, the assistant and one more teacher, while others have just corps members.

    Fayemi assured them their complaints would be addressed.

    He said the Oke-Ako/Itapaji road would be built, adding that the government would start an irrigation project at Itapaji Dam.

    The governor said the Itapaji Water Booster Station would get a special attention in next year’s budget.

    He urged the unemployed youth to exploit the council’s fertile land and engage in agro-businesses.

    Speaking for Iyemero Community, Mr. Moses Osasona thanked the Fayemi administration for developing the area, which “was once described as a remote area and suffered infrastructural neglect by successive governments.”

    Osasona said: “Iyemero Ekiti suffered infrastructural neglect by successive governments, but you stood up and ensured that our people are now enjoying infrastructural development.

    ‘’We cannot but make specific reference to those things that Fayemi’s three years in office has given birth to in Iyemero, which include the electrification of Iyemero.”

    The governor inaugurated seven projects in the council, which include Police Station at Ijesa-isu; Community Information Centre at Ilamo; Health Centre at Otunja; blocks of classrooms and Examination Hall at Odo Oro; and installed a 200KVA transformer at Oke Ayedun.

     

  • Administration of withholding tax (11)

    The organisations making the payments are required to withhold tax from such payments and pay over the withheld amounts to their respective relevant Tax Authorities within 30 days of receipt of payment or credit by the person or entity suffering the Tax.

    The relevant tax authorities to receive the WHT tax transactions made by companies is FIRS and for individuals and unincorporated bodies subject to Rules of Residence is SIRS or FIRS.

     

    Person liable to deduct Withholding Tax (WHT)

     

    The payer of withholding tax in respect of any of the activities covered under the withholding tax regime shall include company (corporate or non-corporate), government ministries and department, parastatals, statutory bodies, institutions and other established organisation approved for the operations of Pay As you Earn (PAYE) system .

     

    Who is taxable?

     

    •All persons, companies etc. who’s incomes are liable to income tax, are subject to Withholding Tax.

    •However, exempt entities like educational institutions, government Ministries, parastatals and other agencies of government, are Agents for the collection of WHT. They are required to deduct WHT on any payment made to a taxable body and remit same to the relevant tax authority.

     

    Withholding Tax Implication On Foreign Transactions

    Non-Resident Companies/Enterprises

     

    The Revenue practice is that non-resident companies are not empowered to deduct anytype of WHT. These categories of enterprises are practically outside the regulatory monitoring and control of the FIRS. It will be impracticable for Revenue office to inspect the accounting books of these companies in order to confirm due deduction and remittance of WHT.

     

    Double Taxation Agreement (DTA)

     

    Transactions that are ordinarily not liable to tax in Nigeria are not liable to WHT in Nigeria. Thus contracts and supplies of goods and services performed entirely outside Nigeria by non-resident individuals are not liable to WHT. Nigeria has treaty agreements with about eight countries and these countries are granted a reduced rate of WHT deduction, usually at 75per cent of the generally applicable WHT rate. 7.5per cent. These countries include UK, Northern Ireland, Canada, France, Belgium, the Netherlands, Pakistan and Romania.

    Permanent Establishment (PE) Principle

    Exists Under Nigeria Taxation

     

    The rules construe a PE where:

    •The company has a ‘‘fixed base’’ in Nigeria.

    •The company operates in Nigeria through a dependent agent authorised to conclude contracts or deliver goods on its behalf,

    •The company is executing a turnkey project in Nigeria, or

    •The operation between the company and its Nigeria affiliate does not appear to be at arm’s length.

    •Fixed base implies some degree of permanence and will include:

    •Facilities, such as a factory, office, branch, mine, oil or gas well.

    •Activities, such as building, construction, assembly or installation.

    •Provision of services in connection with the activities listed above.

    Principles Of Permanent Establishment

     

    •The rules construe a Permanent Establishment where:

    •The company has a ‘‘fixed base’’ in Nigeria.

    •The company operate in Nigeria through a dependent agent authorized to conclude contracts or deliver goods on its behalf,

    •The company is executing a turnkey project in Nigeria, or

    •The operation between the company and its Nigeria affiliate does not appear to be at arm’s length.

    •Fixed base implies some degree of permanence and will include: Facilities, such as a factory, office, branch, mine, oil or gas well Activities, such as building, construction, assembly or installation Provision of services in connection with the activities listed above.

     

    Other types of income not liable to WHT

     

    •Companies operating within the Free Trade Zones/Export Processing Zones

    •Insurance premium

    •Turnover/Income from Dealership or Distributive trade

    •Telephone Bills are not subject to WHT

     

    Application Of Withholding Tax

     

    Sections of CITA and PITA that provides for the deduction of withholding tax at the applicable rates below.

    Types of payment Applicable rates

    Companies Individual

    Dividends, Interest,

    Rent 10% 10%

    Directors Fees 10% 10%

    Royalties 15% 15%

    Commission,

    Consultation, 10% 5%

    Technical, Service Fees

    Management fees 10% 5%

    Construction/Building

    Contracts 5% 5%

    Contracts, other than outright sales and

    purchase of goods in the ordinary course

    of business 5% 5%

    Returns & remittance

    Tax Returns are filed monthly with evidence of remittance and a detailed schedule of taxable transactions.

    Submitted schedule should show the following details:

    Name of supplier    Address Nature of   Invoice     payment   Amount   Rate @ Y% Tax

    Service      Date           Date

    •Returns for corporate suppliers should be filed within 21 days from end of month of transactions.

    •Returns for non –corporate suppliers should be filed within 30 days from end of month of transaction.

    •In practice, tax returns are filed in the same month they occur.

    •Tax deducted should be remitted to the revenue in exchange for a receipt of payment.

    •Tax is payable in the currency of the qualifying transaction.

    Following payment and filing of returns, the revenue processes credit notes for the suppliers on whose income tax was deducted.

    •Credit notes can be used in applying for tax credit against current and future tax liabilities (i.e. where it is not final tax)

    •Remittances are due to either federal or state tax authorities.

    Remittances due to Federal Inland Revenue Service (FIRS):

    •Corporate entities,

    •Nonresident individuals,

    •Members of the armed forces and police,

    •Resident of Abuja,

    •Foreign officers.

    Remittances due to state internal revenue service (SIRS):

    •All other individuals / partnerships resident in the state.

     

    Payment on Currency

     

    Section 64B of CITA empowers the tax authority that withheld tax must be remitted to the tax authority in the currency in which the deduction was made. This means that transactions made in foreign currency are to be remitted in the same currency and that the tax so withheld is to be remitted in the same currency. Simultaneously penalty for default would also be calculated in the same currency.

     

    How to claim Withholding Tax Credit (Credit Notes)

     

    A taxpayer from whom tax has been withheld is expected to gain withholding tax credit notes from the relevant tax authority via the deducting organisation. All withheld taxes are forwarded to the tax authority, which in turn records the credit against the tax payer’s account, with a schedule containing details of the contract or service, on which basis the tax authority issues a credit note. Assessed tax and related charges are usually entered as debits in the taxpayer’s tax account, while he is expected to pay only the difference between his assessed tax and withholding tax credit at the time of filing their own returns.

    •It is this credit note that a taxpayer uses as a set off against tax assessed within that year or if unutilised within that year can be applied based on the taxpayer request to transfer the credit balance in that year to offset or reduce debit balance of another year.

    •In cases where there is an excess charge of WHT on a taxpayer, the 2007 amendments to CITA (Section 63 (7)) have even further empowered FIRS to refund proven excess withholding tax to any taxpayer within 90 days of filing a claim.

     

    Offences And Penalties

    Offences

     

    •Failure to withhold tax or

    •Failure to remit or late remittance of the tax withheld

    •Non-remittance of the tax withheld within the time limit stipulated by the Revenue.

     

    Penalties

     

    a. For companies

    A fine of 200 per cent of the tax not withheld or withheld but not remitted, plus interest at the prevailing commercial rate.

    b. For individuals and other organisations

    A fine of the higher of N5,000 or 10 per cent of the amount of tax due, plus the amount of tax deductible, or withheld but not remitted, plus interest at the prevailing commercial rate.

     

    Interest on Savings Account of less than N50, 000 paid by a Bank, is not subject to WHT

     

    The WHT system has come to stay since it is a veritable source of revenue to Government. It enhances the collection efforts of Tax Authorities and it ensures that revenue is generated in advance. It is therefore imperative that the system should continue to be improved upon in the light of modern tax administration procedure. Usually an advance payment of tax provides information that an income source has been identified through a third party. Such information being provided by the payer should be readily available for use in accessing a potential taxpayer. Field officers should always be ready to follow up on such information.

     

  • ‘Teachers key to our administration’s success’

    Ekiti State deputy governor, Prof. Modupe Adelabu, said that teachers in the state have important roles to play in the success of the administration.

    The deputy governor spoke through the Commissioner for Education, Science and Technology, Mr. Kehinde Ojo, at a one-day workshop for executive members of the Nigeria Union of Teachers (NUT) held in Ado-Ekiti, the state capital.

    Adelabu stressed that “the relationship between the teachers and government must be cordial to enable all-round achievement of our goals on education.”

    According to her, the current administration has continued not only to contribute to the quality of teachers but their quality of life, adding, “this administration will not stop adding to its achievements in this regard.”

    Adelabu urged the teachers to give the workshop “every seriousness and concentration so that the efforts and intention of this administration would not come to waste.”

    She said, “Without being boastful and at the risk of even sounding immodest, this administration has surpassed every record it met in terms of teachers’ welfare. Aside the housing and vehicle loans which teachers enjoy alongside other categories of state workers, teachers now have their laptops and now enjoy their peculiar allowance.”

    “Further, the school environment has been much improved with the renovation of the entire secondary schools in the state. All these are aside the procurement and supply of modern furniture items to teachers and the latest duty posts allowance to deserving teachers.”

     

     

     

     

     

     

     

  • Policy will strengthen tax administration, says expert

    A tax expert, Mr Agbeluyi Olushola, yesterday said the effective implementation of the cashless policy and the Taxpayers Identification Number (TIN) would strengthen tax administration in the country.

    Olushola, who is the Chairman, Ikeja District Society of the Chartered Institute of Taxation of Nigeria, spoke in Lagos yesterday in an interview with the News Agency of Nigeria (NAN).

    He said that cashless policy would enable banks to easily trace whoever was involved in any monetary transaction.

    The chairman said t every bank account holder was expected to have a TIN, noting that the  “Two things are going on and if we implement those two things, Nigeria will be a great country in the next five years.

    “The CBN has introduced cashless economy; maximum N150,000, you must pass your money through the banking system.

    “The other one is the introduction of TIN number. I will link these two policies of the government and how it will affect revenue generation, particularly from the informal sector.

    “You say people must not carry cash. Now, if essential portion of the money, 90 per cent of the money in circulation goes through the banking sector that means you can trace whoever is transacting what.

    “The moment you give TIN number to everybody as an accountant, the rest is history. By statutory power, the agencies have power to access your account, so the moment they print your account, they know your tax.

    “You can’t tell me that 99 per cent of the amount in your corporate account was given to you by your uncle. So if your uncle is into charity, then we need to know his own source of income too. So, one thing will leads to the other.’’

    Olushola said judicious implementation of the cashless policy and TIN would encourage people to patronise the banks.

     

  • Obama’s second administration

    Obama’s second administration

    I have just returned from the United States precisely from New York and Atlanta Georgia. During my stay, I noticed the deep division among the people of the United States and particularly between Democrats and the Republicans. It will not be an exaggeration to say that the Republicans do not wish President Obama well. The divide between the Republicans and Democrats is partly ideological but unfortunately partly racial. Somebody as eminent as President Jimmy Carter has said that Republican opposition to President Obama is sometimes rooted in racism.

    The Democratic Party has no equivalent in Europe but it is probably close to the old Liberal or Social Democratic Party in England. It is a party that believes that the state has a role in the welfare of the poor and those that cannot make it in a highly competitive society. The party is also committed to making health affordable to as many people as possible. It also believes in the upward mobility provided by education. It is therefore committed to providing subsidy for students to acquire higher education. It is committed also to gun control because violence by gun-crazy Americans has become the bane of the society. In recent times, the party has been seen as the party of the young people, women, visible minorities i.e. Blacks and Latinos, labour and also of the gay community i.e. homosexuals and lesbians.

    In foreign policy, it is a party of environmentalism and international cooperation and peaceful co-existence. The party heroes are F. Delano Roosevelt, John. F. Kennedy, Lyndon .B. Johnson and Bill Clinton. In recent times, the party has become associated with big government and consequently huge government deficits.

    On the other hand, the Republican Party is increasingly identified as a party of professional associations such as those of lawyers, medical professionals, the big churches, elderly people, white male and the military industrial complex. It is the party of big business and Wall Street. It likes to see itself as the real American party that believes in individual success and enterprise. A party of survival of the fittest. In its foreign policy, it is the party of intervention in other country’s affairs in order to preserve America’s hegemony. Its heroes are Theodore Roosevelt the 26th President of the United States of America (1901-1909), Richard Nixon and Ronald Reagan. The closest party in Europe to the Republican Party would be the Conservative Party in England. Incidentally, President Abraham Lincoln the abolitionist President was a Republican but he is more likely to be seen today by democrats as one of their heroes. The Republican Party is also opposed to non-white immigration into the United States because of wanting to preserve the United States as a White man’s country. The party’s support for small government and balanced budget is also because of its opposition to the welfare of the poor who are invariably non-white. The Republican Party is fighting for its very life because of the increasing number of non-white immigrants into the United States and it seems the Democratic Party of Obama wants the 11million illegal aliens in America to be given the chance of becoming legal immigrants and possibly citizens in the foreseeable future. This is the kernel of the ideological rift between Obama and the Republican Party.

    Unfortunately the debate between them is very acrimonious and bitter and the extreme wing of the Republican Party, the so called Tea Party is not averse to using racial epithet for Obama. Some of the party’s supporters while demonstrating against Obama’s policies carry placards with the caricature of Obama as a monkey and asking him to go back to Africa to feast on bananas. Some members of the Republican Party in Congress in a knee jack reaction to Obama’s policy always oppose him no matter how sensible his policies may be.

    As an outsider, one can see the point of the Republican Party in wanting balanced budget and small government and that no country can provide maximally for all its citizens. Since the rich in America do not want to pay high taxes, government will therefore have to cut back on expenditure. But taking care of the poor provides a safety valve for the American society. This simple logic does not seem to appeal to the Republicans because they think that poor people’s rebellion will be shot down by the Police and if necessary by the National Guard and perhaps individually armed Americans since the second amendment to their constitution allows individuals to carry weapons either openly or in concealed forms. This is why the National Rifle Association (NRA) is a staunch member of the Republican Party. The division in America is deep and sometimes troubling. But at the same time, one must praise America for being the only western country that would throw up a black man and a Mormon as presidential candidates of the two major parties.

    The immediate problems that would face Obama in his second term would be how to get confirmation for new members of his cabinet, how to raise the debt ceiling beyond the current 16.4trillion dollars and how to get his budget through congress and how to avoid automatic cut of defense spending and in other areas critical to the United States. If previous debates are something to go by, he is going to have a Herculean task in persuading the Republican dominated House of Representatives to go along with him. I had expected that his inauguration speech would be a unifying speech rather than a partisan speech. Unfortunately, this was not so and I think the President missed an opportunity to be conciliatory to the Republican Party. He probably felt that offence was the best strategy of defence. But I think this is wrong unless he bends over backwards to accommodate the Republican Party, he will not achieve much in his second administration. Yet he has plans to invest in education, infrastructure, environment and to make the United States self-sufficient in energy through support for appropriate technology and the development of Shale gas in continental North America. In his foreign policy agenda, he wants to wind down the war in Afghanistan and avoid getting into any war in the Middle East and elsewhere but the signs are not so good because of Iran and its nuclear programme and the determination of Israel to stop it as well as Korea and its missile programme and then the problem between Japan and China over disputed Islands in the South China Sea. All these problems may make nonsense of Obama’s pacific intentions. This is why he cannot afford to follow a policy of antagonism to the Republican Party. Because if there were to be a crisis outside the U.S in which vital American interests are at stake, he will need unity at home. Of course if history teaches us a lesson, nationalist fervour always manifest in times of crisis, particularly if it is not a long drawn out military entanglement.

  • ‘We’ve made progress in administration of justice’

    Lagos State is a trail blazer in justice administration. It was the first to review its Criminal Laws. Its Civil Procedure Rules are reviewed yearly. The state is setting another record with its establishment of a Court of Arbitration to look into cases mediated by its mediators, which do not have to go into litigation. In this interview with Adebisi Onanuga, the Attorney-General and Commissioner for Justice, Mr Ade Ipaye, speaks on the propriety of ADR and the reasons for the introduction of weekend sittings for magistrates, among others.

    How would you rate administration of justice in the state in the last one year?

    We are making steady progress. Improved cooperation within the sector and dedication of key stakeholders yielded a safer and fairer Lagos in 2012. Crimes take place, but the important thing is that they are being detected and the criminals are being prosecuted. At the moment, about 650 prosecution cases are being handled by the ministry in various courts. In addition to that, a lot of cases are prosecuted daily by the Police at the Magistrate courts. Seven hundred and fifty-three reports of various investigations reached us for legal advice in 2012 and we have exceeded the 70 per cent mark in dealing with those. In 2013, we shall be stepping up our prosecution capacity to ensure Lagosians that criminals will not go unpunished.

    What are the key achievements in the administration of justice?

    There is so much to talk about. Our Civil Procedure Rules, which had already become a model in the country has been further revised and the High Court will start applying them this year. Apart from the courts, the Lagos State Citizens Mediation Centre dealt with over 18,000 disputes last year. Can you imagine a Lagos without that unique avenue to resolve disputes free? Of course, we also have the Multidoor Courthouse, the Office of the Public Defender, Public Advice Centre, Consumer Rights Protection Unit, etc. All more active than ever towards making our society fairer. On the criminal aspects, we have now an increased co-operation in the sector with the activation of the Administration of Criminal Justice Committee, which has the Chief Judge, Attorney-General, Commissioner of Police and Comptroller of Prisons as members. We meet quarterly to consider prison decongestion, criminal prosecutions and monitoring of detainees, among other issues of mutual concern. We have also established a sub-committee where representatives of all the concerned agencies meet more regularly to discuss and resolve problems. You have seen already what is going on with prison decongestion with the Chief Judge and the Ministry of Justice taking active parts.That is clearly unprecedented. With the establishment of Community Service as a sentencing option, the gains are enormous.

    You were reported to have said that magistrate courts would start sitting at weekends from next year. What are the situations that informed the idea?

    It is all about access to justice. People arrested on Friday would spend the weekend in prison or police custody, just because there is no magistrate sitting to hear their case or grant them bail. For instance, on environmental sanitation Saturdays, it is not unusual for defaulters to end up in custody. With Saturday sittings, such cases can be processed immediately. By doing that, we decongest the prisons, we decongest the police cells and we lighten the weekly cause list of these Magistrate courts. To that extent, we speed up the administration of justice. Most importantly, we promote justice and give the arrested person a fair chance to vindicate himself or herself as early as possible.

    What are the offences they would be adjudicating on?

    All cases they normally take. They will have exactly the same jurisdiction on Saturday as they have during the week. I expect that they will be taking a lot of bail applications though.

    What are the impediments in the implementation of the new Lagos Traffic Law 2012 in spite of the high level of enlightenment?

    I must say first that we are seeing a remarkable level of compliance and this has improved the traffic situation as well as the security and safety of Lagosians. You would be surprised at the number of arrests made daily. If you know where we were coming from, you should realise that we are making steady progress. For instance, as we have few motorcycles on the road, it becomes easier to identify and arrest defaulters. However, I must say that we do not have enough policemen out there. That is a general problem, not peculiar to traffic law enforcement.   And, unfortunately, we still see some policemen and military personnel violating the restrictions. This is, however, being dealt with. We have the commitment of their superior officers that the Law will be enforced on all and they are doing their best.

    Reports quoting Police Commissioner Umar Manko indicated the seizure of 6,972 motor cycles between September when the new traffic Law took off and as at date. There has been this great debate on the crushing of such motorcycles. What is the official position?

    We are obliged to hold them for a while as the defaulters may be prosecuted and the machines may be required as evidence. Also, whether we intended prosecution or not, any alleged defaulter who says he has a defence must be given the opportunity to come before a judge or magistrate. We cannot dispose of the machines unless we have given a reasonable opportunity to the owner or rider to make his case or to face prosecution as the case may be. When the machines are well and truly abandoned, the state reserves the right to dispose of them in the most reasonable manner. Crushing is just one of the options that may be considered.

    The world marked the Human Rights Day last week. How would you access the human rights situation in Lagos State?

    Never better. All of the programmes I spoke of earlier, that is Office of the Public Defender, Citizens Mediation Centre, Public Advice Centre, Consumer Rights Unit, etc are all geared towards human rights protection or enforcement. Making their services free means that even the poor and the vulnerable are given access to justice. All our vocational centres are concrete institutions for the realisation of rights. People are given the opportunity of learning a trade and living a productive lives. Our free health screening, immunisation and health care programmes are also very relevant. The right to live must be interpreted to mean the right to live a healthy life. So are our programmes on the environment. Even where we clear illegal developments and take the hard decision to displace people sometimes, it is so that the great majority might have a functional drainage or a clean environment; or so that the displaced people would not unnecessarily endanger themselves, such as when they set up businesses and residence right under high tension power lines or when they dwell in totally unsanitary conditions. If you look at all these efforts and institutions, such as our Office of Disability, Child Rights Centre, etc., you will realise that this government is doing so much for human rights, hence our decision to commemorate the day along with our friends.  What level of success would you ascribe to Alternative Dispute Resolution (ADR) for justice delivery?

    Very high. I already told you that over 18,000 cases came up for mediation at CMC. The Multidoor Courthouse also achieved a lot during the last Settlement Week. The Lagos Court of Arbitration is coming up and, in Lagos State, we have one of the most modern Arbitration legislations. We really are very serious about ADR.

     

  • Senior lawyers lament delay in justice administration

    The Body of Senior Advocates of Nigeria yesterday decried what it described as the delay in the country’s administration of justice process.

    It called for urgent measures to reverse the trend and ensure quick and efficient justice delivery system.

    Louis Mbanefo (SAN), who represented the body at an event in Lagos, also condemned a practice whereby lawyers are only informed in courts on the date scheduled for the hearing of cases that the courts are not sitting.

    He spoke at a valedictory court service held in honour of the retiring Justice Gloria Okeke of the Federal High Court.

    Mbanefo said the practice whereby lawyers would not be notified that their cases would not go on must stop.

    He appealed to judges of the Federal High Court to endeavour to notify counsel in the event that the court would not sit.

    Lagos State Attorney-General, Ade Ipaye, decried a situation where judges are criticised in the media because of the judgments they deliver.

    He said: “In the event that a party loses at the trial court, or a decision is not what the public or press expects, the practice of castigating judges in the media must be deprecated.

    “They must be left to take their decisions as they feel it should be done. After all, this is why the appellate courts are there. The point is that every commentary that tends to denigrate the judiciary drags our society downwards. Loss of faith in the judiciary may be the beginning of the loss of this civilisation, which we hold so dear.”

    Goodwill messages were presented by eminent people including the Chief Judge of the Federal High Court, Justice Ibrahim Auta; Attorney-General of Ondo State, Eyitayo Jegede (SAN); Chair, Nigerian Bar Association (NBA) Lagos, Taiwo Taiwo; and Chair, NBA Ikeja branch, Monday Ubani.

    They eulogised the retiring judge, praising her sterling qualities.

     

  • ‘Frivolous applications hamper administration of justice’

    ‘Frivolous applications hamper administration of justice’

    The Acting Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Mr. Ekpo Nta, yesterday said trivial interlocutory injunctions debar speedy administration of justice.

    He urged lawyers to desist from filing what she called frivolous interlocutory appeals before judges.

    The ICPC chairman noted that such actions do not only damage cases before the court but also run down the integrity of the Judiciary.

    The ICPC chair spoke in Lagos at a media roundtable with the theme: Promoting ethics and integrity within the courts system – Towards citizens access to justice, organised by the Socio-Economic Rights and Accountability Project (SERAP), in collaboration with the Royal Netherlands Embassy.

    Nta, who was represented by the Director of Legal Services of the commission, Mrs Christiana Onuogu, described the court as a major stakeholder in the fight against corruption.

    He urged lawyers to always advise their clients to tell the truth in court to ensure easy and quick dispensation of justice.

    The ICPC chief averred that delay tactics by lawyers in cases before the court should not be encouraged.

    Nta said: “Let me use this medium to charge all Nigerians to join in the moves to fight corruption head-on. I also want to call on the authorities concerned for the appointment of assistant judges in the Nigerian judicial system to help substantive judges in the dispensation of justice.”

     

     

     

     

     

     

  • Controversy over administration of Imo councils

    Activities at local government councils in Imo State have grounded to a halt following the dispute between the council chairmen and the state government.

    The chairmen have continued to report in their offices although the government had mandated the newly appointed Directors of Administration and General Services (DAGS), to take over the councils.

    Civil servants have stayed away from their offices. Some of the council secretariats have been taken over by grass and rodents.

    The offices of the treasurers, DAGSs and secretaries to the local governments were locked yesterday.

    It was learnt that computers and files had been moved to unknown destinations, from where senior council officers operate.

    At Ngor Okpalla local government, some structures have been destroyed by rain.

    A junior council worker, who pleaded for anonymity, said: “We are disturbed by the ugly situation. We live in the fear of being attacked by thugs anytime we come to work.”

    Some of the embattled chairmen said they run the councils with their personal money.

    The Chairman of Ngor-Okpalla Local Government, Mr. Enyinna Onuegbu, said: “I run the council from my pocket. Since the Appeal Court granted our prayer, Governor Rochas Okorocha has refused to hold the Joint Account meeting, thereby denying the councils their allocations.”

    At Owerri North Local Government, the Chairman, Dr. Eric Ogwo, said: “The DAGS and Local Government Secretary are operating outside the council. Since we were reinstated by the Appeal Court, we have not received salary. Last Thursday, I learnt that my workers were asked to come to another local government, Owerri Municipal Council, to collect their salary.”

    The Commissioner for Local Government Affairs did not pick his calls when The Nation phoned him.

    In a statement, the governor’s media aide, Mr. Ebere Uzoukwa, said the chairmen lack the competence to discuss the JAAC meeting and the disbursement of council funds, because their tenures expired on August 8. Uzoukwa said the chairmen’s tenure elongation suit was dismissed by Justice Ngozi Opara of an Owerri High Court.

    He said: “Okorocha is running an open administration and has nothing to hide. Against the backdrop of the erroneous impression created in some quarters by some disgruntled element that activities in the 27 LGAs are being stalled, the state government states emphatically that various activities, including developmental projects, are moving on smoothly under the management of the DAGS, who are presently in charge of council activities, pending the conduct of the local government polls.”

  • ‘Jonathan needs good advisers’

    ‘Jonathan needs good advisers’

    General Leader of C&S Movement Church, Prophet Gabriel Olubu Fakeye has said that he is not competent to assess President Goodluck Jonathan’s administration, saying there are no bad leaders, but bad advisers. He said bad advisers are the worst enemies any nation can have at the corridors of power, adding that there are enemies around and the President is doing his best.
    Fakeye, however, urged Nigerian political leaders to sit right, think right and act right if the nation must survive the increasing threat to its existence. He identified corruption and insecurity as major threats, which must be tackled by all, noting that if ‘we are not careful, corruption might lead us into revolution.’ He said corruption gave birth to Boko Haram and militancy, and has consequently ruined the image of the country. He spoke on Building an enduring future for the Nigerian youths in Lagos at the opening of the 25th anniversary of the church’s youth fellowship in Lagos.   He reiterated his call for a day of national mourning to appease the blood of the hundreds of Nigerians killed by Boko Haram terrorists. He noted that so long as these killings are left unresolved and justice is not done, the nation shall continue to be under curse.
    “We continue to ask in this nation who killed Dele Giwa?, who killed Pa Alfred Rewane? How do we appease the blood of the hundreds already killed by Boko Haram terrorists? So long as these killings are left unresolved and justice is not done, the nation shall continue to be under curse.  The way out as I said, is to call for a day of national mourning. When we have done this, then we must sit down to tackle the educational crisis in the nation, the energy problem, poor industrialisation, lack of basic infrastructures and poor health facilities,” he said.
    He stressed that the nation must destroy the monster called corruption, which has grown into a plague that affects even the hearts of most political leaders. The C&S leader said Nigeria cannot continue to allow greed and lack of fear of God to dominate the life of the people as they are the roots of corrupt tendencies. “It is sad to note that we are the laughing stock of the world because we are among the most corrupt nations in the world,” he added.