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You lack power to summon me, AGF tells Senate

The ongoing war of attrition between the Presidency and the Senate got messier yesterday.

Attorney General of the Federation (AGF) and Minister of Justice Mr. Abubakar Malami said the Senate lacked the power to summon him for questioning.

The AGF, who was invited by the Senate to appear before its Committee on Judiciary, Human Rights and Legal Matters, said he was not answerable to the Senate.

He said the Senate did not appoint him and, therefore, lacked the jurisdiction to summon him.

The Senate fired back that it may be forced to issue a warrant of arrest against the AGF for his refusal to honour its invitation.

The Special Assistant to the President on Prosecution attached to the Federal Ministry of Justice, Mr. Okoi Obono-Obla, who represented the AGF, was walked out of the meeting room.

The altercation took place yesterday at the Senate Meeting Room 3 31.3, 3rd Floor, New Senate Building, National Assembly Complex, Abuja.

The Senate had on Tuesday invited Malami to appear before it to explain why he charged to court Senate President Bukola Saraki and Deputy Senate President Ike Ekweremadu for alleged forgery.

Saraki, Ekweremadu and two others were arraigned at a Federal High Court, Abuja on Monday to answer charges of alleged forgery of the 2015 Standing Rule of the Senate.

The upper chamber resolved to invite Malami to explain why he allegedly reopened the alleged forgery case against Saraki and others when a court of competent jurisdiction had struck it out.

The Senate that Justice Gabriel Kolawole of the Abuja High Court ruled on the matter affirming that the issue was an internal affair of the Senate.

Before Obono-Obla was asked to leave the room, he told the committee members that they lacked the jurisdiction to summon the AGF because the Senate cannot be a judge in its case.

He also insisted that the AGF, who was not appointed by the Senate, cannot be answerable to the Senate.

Obono-Obla said the Senate was over reaching itself by creating the impression that the AGF committed a crime by charging Saraki and Ekweremadu to court.

He noted that the Senate constituted itself into a court of law by summoning the AGF on an issue that was in court.

He told reporters outside the meeting venue: “The AG has not done anything wrong. The AG has not undermined democracy. He acted pursuant to his powers vested on him by the Constitution, Section 174 (1) says he can prosecute anybody. And he has done that. The Senate is not on trial. He has not taken the Senate to court. He has taken four persons to court. They are not the Senate. Being President of the Senate does not make you the Senate of the Federal Republic of Nigeria. The matter was investigated by the police and a prima facie case was established and the AG invoked his powers under Section 174 (1) to initiate criminal proceedings against those persons. And this matter is now before a court of law. There is separation of powers in Nigeria. It is not the position of senators to constitute themselves into a court of law.

“He’s (AGF) not answerable to them. By virtue of the principle of Separation of Powers, he is answerable to the President who appointed him. And he has not done anything wrong.

“You cannot be a judge in your own case. We don’t have confidence in the committee.”

Obono-Obla said he was qualified to represent the AGF because he is working in his office as an SA to the President.

The chairman of the committee, Senator David Umaru, said the purpose of the meeting was to interact with the AGF based on Senate’s resolution.

Senator Umaru, who was disappointed by the failure of the AGF to honour the committee’s invitation, said:

“We take it that the AGF did not honour our invitation. This is despite the fact that he requested for time to articulate his own position. We take it that he has not respected the Senate. We will report back to the Senate to take appropriate decision on the issue. We take it that the AGF has refused to honour our invitation. The best we can do is to report back to the Senate.”

Senator Joshua Lidani, a member of the committee, also said the AGF refused to honour the invitation.

Lidani noted that the person who purported to represent the AGF is not the AGF the Senate invited.

He added that the person was also not responsible to the AGF but to the President.

Senator Chukwuka Utazi, another member of the committee, said: “The AGF asked that we should give him time to come. We put him on notice that he is to appear today (yesterday). Today (yesterday) again he has refused to come. This is a slap on the Senate of the Federal Republic of Nigeria.”

July 1, 2016
Alleged Forgery: APC Scandinavia reprove Senate over AGF

The Chairman, All Progressives Congress (APC) Scandinavia, Mr Ayoola Lawal has advised the leadership of the Senate to desist from apportioning baseless faults on the Minister of Justice and Attorney General of the Federation, (AGF) Abubakar Malami (SAN) over its alleged forgery case.

Lawal, who made this known in a recent press statement, noted the Minister of Justice is merely doing his executive duty by calling the attention of the judiciary to what he perceived was not in tandem with national policy of the President Buhari-led administration.

According to him, if the Senate leadership is convinced that it did not forge the Senate rule as accused, at should stop raising dust over the matter and simply defend itself before the law court.

“I tell you the truth, the attitude of the Senate to the matter raised by the AGF over forgery of Senate rule indicates that there is skeleton in the senate’s cupboard, which it cannot defend,” he said.

Referring to the AGF’s response to the senate leadership on Friday, Lawal said: “I agree that claims by the Senate that the charge of forgery against Saraki, his deputy Ike Ekweremadu and two others, amounted to an abuse of the principle of separation of powers.”

Charged with the Senate president and the deputy Senate president are former Clerk of the National Assembly Salisu Maikasuwa and Clerk of the Senate Bernard Efeturi.

“Yes, this is democracy, and as the AGF has said, the senate president and his deputy have no immunity from trial. Forgery of Senate rules cannot be described as an internal affair of the Senate, never!“ he stressed.

He then urge the AGF to continue with his rightful duty as Nigerians are fully in support of his actions, saying: “Impunity must stop at all levels and everyone accused should face the full weight of the law, if found truly guilty by the court.”
We all deserve a better life for ourselves and generation unborn. I strongly believe that with the tenacity of Mr. President to fight indiscipline and corruption irrespective of whose ox is gored and support from majority of Nigerians, Nigeria will be great again.

June 25, 2016
Senate: AGF leads plot to jail Saraki, Ekweremadu

Senators urge Buhari to stop Attorney-Gen.

Apparently shocked that the stage is set for the trial of its key officials for alleged forgery, the Senate has launched a battle to stave off a major crisis.

It yesterday accused the Executive of attempting to force out its leaders and named Attorney General Abubakar Malami leader of the plot. President Muhammadu Buhari, the Senate said, should tell Malami to pull the brakes on the plot.

In a statement, Media and Public Affairs Committee Chairman Senator Sabi Abdullahi said the reopening of the case by the police posed a danger to the autonomy of the legislature.

Senate President Bukola Saraki and his deputy have been charged with alleged forgery of the Senate Rules to pave the way for their 2015 election. They both deny any wrong doing.

To the Senate, charging the officials is “unconstitutional” because the matter has been dealt with at plenary.

The statement reads: “After reading in the national newspapers and online platforms of the planned charges of forgery and conspiracy preferred against the Senate President, Dr. Abubakar Bukola Saraki, his Deputy, Senator Ike Ekweremadu, immediate past Clerk of the National Assembly, Alhaji Salisu Maikasuwa and the Clerk of the Senate, Mr. Ben Efeturi and reviewing the circumstances leading to the filing of these charges, we are compelled to alert the good people of Nigeria and the international community, that our democracy is in danger and that the attempt by the Executive Arm of the Federal Government to muzzle the legislature and criminalise legislative processes in order to cause leadership change in the National Assembly is a return to the era of impunity and lack of respect for due process which we all fought to abolish.

“We urge President Muhammadu Buhari to please call his Attorney General and Minister of Justice, Mr. Abubakar Malami, to order. The Senate of the Federal Republic voted freely to elect its leadership into office and continuing attempts to change that leadership through the wanton abuse of judicial processes cannot stand in the eyes of the world.

“It is clear that the Attorney General and party leaders behind this action either lack the understanding of the underlining principles of constitutional democracy, the concept of separation of powers, checks and balances and parliamentary convention or they just simply do not care if the present democracy in the country survives or collapses in their blinded determination to get Saraki and Ekweremadu by all means necessary, including abuse of office and sacking the Constitution of the Federal Republic of Nigeria.

“The Nigerian people have enough economic hardship at this time requiring the full attention and cooperation of the three arms of government, instead of these attempts to distract and politicise governance.

“We are in a state of economic emergency such that what the National Assembly needs at this time are executive bills and proposals aimed at resolving the crises of unemployment, currency depreciation, inflation, crime and insecurity.

“What the National Assembly needs now are executive bills to build and strengthen institutions to earn revenues, fight corruption and eliminate waste. Instead, we are getting hostile actions aimed at destabilising the National Assembly, distracting senators from their oversight functions and ensuring good and accountable governance.

“We must make it clear here to the individuals in the Executive arm and party leadership behind these plots not to mistake the maturity and hand of co-operation being extended to the Presidency by the legislature as a sign of weakness.

“The National Assembly bent backwards to accommodate various infractions and inefficiencies in pursuit of inter-arms co-operation and national interest. We did not follow up the various infractions because we believe there are bigger issues which the government has to attend to in order to ensure that every Nigerian have food on his table and live comfortably in a secure environment. We know that the country is actually in a state of economic emergency and all hands must be on deck.

“This latest plot is directed at forcing a change of leadership in the Senate or, in the extreme case, ground the Red Chamber of the National Assembly. Or how do one (sic) interpret a move in which the two presiding officers are being set up to be remanded in Kuje Prison or incapacitated from sitting at plenary through a day-to-day trial on a matter that is purely an internal affair of the Senate.

“This obviously is a dangerous case of violation of the independence of the legislature, undue and unnecessary interference in the internal affairs of the Senate and blatant abuse of the judicial process. The matter now being criminalised was brought to the plenary of the Senate in session, over a year ago.

“And because it had no support, it was overruled and roundly defeated in chambers. To now take a matter that was resolved on the floor of the Senate to the police and then make it form the subject of a criminal prosecution of freely elected legislators beats all imagination of free thinking men all over the world.

“The implication is that any matter that fails on the floor of the National Assembly will now be taken to the Police, thereby endangering every Senator and House member.

“This current move clearly runs contrary to the Doctrine of Separation of Powers and Checks and Balances which are fundamental to the successful operation of the Presidential System of government.

“It runs counter to the principle outlined by the Supreme Court in the Adesanya Vs Senate case where it was held that nobody should seek to use the courts to achieve what he or she has failed to push through on the floor of the National Assembly.

“This present effort, therefore, is clearly a coup against the legislature with the ignoble aim to undermine its independence and subject the law making institution to the whims and caprices of the executive. It is a plan to return Nigeria to the dictatorial era which we have, as a nation, voted to reject.

“It is a dangerous trend with grave implications for the survival of our democracy and the integrity of the component institutions. This rule of men as against the rule of law is also the reason why the war against corruption, one of the cardinal objectives of the present administration, is losing credibility because people perceive it to be selective and, in most cases, aimed at settling political or partisan scores.

“The Rules of the Senate and how the institution elects its leadership are internal affairs. The Rules of a new Senate are provided by the National Assembly bureaucracy. It has always been so since 1999.

“After the inauguration of the Senate, if Senators have objections to any part of the Rules, they can follow the procedure for changing it. Senators of the Eighth Senate have no control on the rules applied in the elections of June 9, 2015 because until after their inauguration, they were only Senators-elect, and therefore mere bystanders in the affairs of the Senate.

“We therefore urge all Nigerians and the International Community to rise up and condemn this blatant attempt to subject the legislature to the control, whims and caprices of the executive.

“If the Legislative branch falls, democracy fails as there will be no other institution empowered by the Constitution to check and balance the enormous powers of the Executive branch.

“We also call on the judiciary as the last hope to save our constitutional democracy and stand up for the rule of law, by doing that which is right in this case”.

June 20, 2016
Fuel price hike strike: Court stops NLC

The Nigeria Labour Congress (NLC) was on Tuesday asked by the National Industrial Court to shelve its planned strike pending the determination of a suit filed by the Attorney General of the Federation (AGF) challenging the decision.

The NLC, the Trade Union Congress of Nigeria (TUC) and their civil society allies on Sunday gave the Federal Government till 12 midnight on Tuesday, 17th May, 2016 to revert to the old pump price of petrol or face a nationwide shut down of the economy.

A meeting between the organised Labour and the Federal government held Monday to resolve the brewing crisis caused by hike in fuel price. The meeting was said to have ended in deadlock.

May 17, 2016
Appeal Court to hear Saraki’s fresh appeal May 31

The Court of Appeal, Abuja has fixed May 31 for the hearing of a fresh appeal by Senate President, Bukola Saraki, challenging the jurisdiction of the Code of Conduct Tribunal (CCT) to try him on charges of false asset declaration.

A five-man panel of the court, led by Justice Abdul Aboki, chose the date Monday to accommodate a request by Saraki’s lawyer, Kanu Agabi (SAN) for a 14-day adjournment to enable him study the response filed on behalf of the respondents, the Code of Conduct Bureau (CCB) and the Attorney General of the Federation (AGF).

When the case was called Monday, Agabi told the court that he was just served with the respondents’ cross appellant’s reply brief and would require time to look at it.

Respondents’ lawyer, Henry Ejiga, who apologised for the absence of his principal, Rotimi Jacobs (SAN) did not object to Agabi’s application for a 14-day adjournment, following which the court adjourned to May 31 for the hearing of both the appeal and cross-appeal.

Saraki is, in his appeal, challenging the jurisdiction of the CCT to try him based on a charge initiated by the office of the AGF. It is his contention that it is only the CCB that is empowered to prosecute cases before the CCT.

CCB and AGF crossed appeal and argued that the motion, on which the CCT ruled, which formed the basis of the appeal by Saraki was an abuse of court process.

They contend among others, that the issue of jurisdiction, having been resolved by the Supreme Court in an earlier appeal by Saraki, ought not to be raised again.

It argued that the apex court, having held in a judgement of February 6, that the CCT was with the jurisdiction to try Saraki, the CCT ought not to entertain another motion filed by Kanu Agabi (SAN) for Saraki, challenging the tribunal’s jurisdiction.

Meanwhile, Saraki’s trial before the CCT resumes today with his team of lawyers expected to resume their cross-examination of the first prosecution witness, Michael Wetkas.

On May 11 when proceedings were last held, Wetkas said his investigation team relied on information provided by the Presidential Implementation Committee on the Alienation of Federal Government Properties in reaching the conclusion that Saraki made anticipated asset declaration.

Wetkas said the presidential committee informed his team that it did not have on its record, 15 A and B, Mcdonald Road, Ikoyi, Lagos, as declared by Saraki in his 2003 asset declaration form.

He said contrary to Saraki’s claim, the committee identified the property it sold as No.15, and Block 15, Flat 1 to 4, Mcdonald Road, Ikoyi, Lagos.

Wetkas noted that, Saraki, on assuming office as Kwara State governor in 2003, declared that he acquired 15A and B, Mcdonald Road, Ikoyi, Lagos in 2000, whereas, the presidential committee wrote to his investigative team that it sold 15, Mcdonald Road, Ikoyi, Lagos to Saraki through his company, Tiny Tee Limited, in 2006.

“The only authority that we could refer to was the presidential committee or the Lagos State Land Registry or the Presidential Implementation Committee. The other letters referred to by them (Saraki’s lawyers) were by private individuals.

“We relied on the document from the Presidential Implementation Committee which said they only had 15, Mcdonald Road and Block 15, Flat 1 to 4, Mcdonald Road, Ikoyi, Lagos, which was occupied by another lessee.

“We relied on the numbering of the properties by the presidential implementation committee and they stated that 15, Mcdonald Road, Ikoyi was sold to Tiny-Tee. That was the strength of our conclusion,” the witness said.

Wetkas said he did not physically inspect the property at 15, 15A and B, Mcdonald Road, Ikoyi, but ylthat other members of his investigative team did, and that they are in a better position to tell th tribunal what they found.

On why he did not personally visit Mcdonald Road, Ikoyi, Wetkas said he needed not to because the letter from the Presidential Implementation Committee to his team had clarified issues on the existence o otherwise o th property.

“There was no need for me to ask the implementation committee to take me to the properties. The letter clarified that there were only two properties as 15 and Block 15, Flats 1 to 4,” the witness said.

Wetkas confirmed that the asset at 15, Mcdonald Road, Ikoyi, was at various times offered to a company, Energy Marine Resources and occupant of the house, Mr. Virtus Nwosu.

The witness also confirmed that it was eventually sold to Saraki’s company.

May 16, 2016
AGF denies frustrating recovery of looted funds

•Malami replies Buhari’s query

Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami has denied allegation that he was frustrating moves by the Federal Government to recover looted public funds.

Malami’s position is contained in his response to a query issued to him in relation to a petition written against him to President Muhammadu Buhari by a security expert, George Uboh, of Panic Alert Security System (PASS).

Uboh was engaged by the AGF on February 9 to recover public funds stashed away by individuals in different Nigerian banks and some Ministries, Departments and Agencies (MDAs). The minister revoked Uboh’s appointment through a letter dated March 24 on the grounds that he exceeded his brief.

Angered by the development, Uboh petitioned the President, alleging among others, that the minister had allegedly entered into an unholy alliance with authorities of the affected banks.

He was particular about the case of Access Bank Plc, alleging that a senior official of the bank called him, few days before Malami revoked his contract, that the AGF has agreed to prevail on him to soft pedal.

Uboh’s petitions are captioned: “AGF Malami’s failure to recover over N300 billion traced by our firm within 27 days; AGF worked against us” and Abubakar Malami’s failure to allow us trace the N1.993 trillion EFCC failed to remit to the FGN, while promising to set up a phantom committee to investigate EFCC.”

Malami described as false Uboh’s claims that he deliberately frustrated him in his (Uboh’s) effort to recover the over N300 traced to some Nigerian banks, and that he (Malami) made an unholy alliance with the banking sector mafia not to cooperate with PASS, and/or that he promised Access Bank that he would call Uboh to soft pedal on the bank.

The AGF said: “I must state that the above allegations are untrue, incorrect, false, a figment of the imagination of the author and a smear campaign by Dr. Uboh to tarnish my name.

“I did not make, never made and will never make any alliance with anyone in and outside of the banking industry to frustrate PASS or any firm from recovering any FGN’s funds stashed/trapped in the listed banks or any bank or company in Nigeria or elsewhere.

May 9, 2016
Earnings from oil revenue down to 35 per cent, says AGF

Nigeria currently earns only 35 per cent of what it used to earn from oil, the Accountant General of the Federation (AFG), Alhaji Ahmed Idris, said yesterday.

He regretted that although the nation depends largely on oil as its major revenue earning resource, the country is now confronted with lower oil price at the international market.

He said: “Nigeria is being inundated with lack of revenue, with lack of resources, in the present state of our history arising from our mono-nature economy, depending largely on oil as a main source of revenue.

“And we all know that the price of oil at the international market has gone down and that Nigeria is only earning about 35% of what it hitherto earned from that source of revenue.”

The AGF spoke at Abuja while receiving members of the Association of Financial Professional Women who paid him a visit to congratulate him on his appointment into the Membership Panel of the International Public Sector Accounting Standards Board Consultative Advisory Group (IPSASB CAG).

Idris noted that the situation that the country has found itself requires facing the reality in line with the lean resources now available for meeting financial obligations.

He implored the association and finance managers in the country to “be prudent in managing financial resources, to reduce cost as much as possible, and to be efficient in terms of delivery, in terms of spending, so that each kobo is justified, and can be accounted for and seen to have been spent for the benefits and purposes it is meant.”

On his appointment, he said: “The appointment into the board is not about me. With all sense of humility, I believe that the appointment is in recognition of Nigeria as a country that is making a lot of giant strides in public finance management reform initiative.

“So, we must appreciate the present political atmosphere that has given us the latitude to do what we are doing and to achieve what we have been able to achieve. And which makes not only at domestic front but also at international front-recognition to be conferred on our country.

“The recognition is not just about the reforms being made, yes the reforms being made is part of it, but more importantly-the atmosphere of change, the atmosphere of better leadership, the goodwill that Nigeria is enjoying outside there, our zeal and commitment to ensure good governance, to ensure public expenditure transparency and accountability in spending and management of public resources.

“I think these are part of the issues that are making international community to recognise Nigeria is a very important member of the international community and to confer on Nigeria some of these appointments.”

May 8, 2016
TSA Senate report: CBN, AGF in dilemma over Remita

The Central Bank of Nigeria (CBN) and the Accountant-General of the Federation are in a dilemma over how to handle the Senate’s request on the Treasury Single Account (TSA). The Senate wants the CBN and AGF to cancel the contract with owners of Remita, which manages the TSA.

The Federal Government has mopped more than N3 trillion into the TSA in 12 months.

A CBN director said the bank received a second letter last week from Systemspecs, owners of Remita, requesting for payment of outstanding debt and clarifications on their future collaboration.

The source said Remita has not been paid for its services since March, last year when the platform began to track cash in Ministries, Departments and Agencies (MDAs). It was learnt that the Nigeria Interbank Settlement Systems (NIBSS), which is being positioned to coordinate collection with Remita is not ready to undertake the assignment if the apex bank breaches the Remita contract.

The initial payment to Systemspecs was stopped via a CBN letter dated October 27 last year and signed by the Director of Banking and Payments Systems Department, Mr Dipo Fatokun.

In the letter, Fatokun said: ”I have been directed to inform you that you should refund all charges made into MDAs accounts as a result of the implementation of the TSA.

“Since the cost of collection must have been shared by all the stakeholders, you are hereby required to also provide a schedule of the total amount collected and the portion that was shared to each of the participants.”

But the Executive Director of Systemspecs Ltd, Mr Aderemi Atanda, declined to confirm if such a letter was sent to the CBN last week.

“We are talking to the CBN, the Accountant-General of the Federation and the Ministry of Finance about the way forward because we are not averse to renegotiation of the contract to move forward in the interest of the TSA success,” Atanda said, adding: “this is normal because they are the key stakeholders in the project”.

The letter, a copy of which was sent to the AGF and the Ministry of Finance, is believed to be the second three weeks, seeking clarification on the contract and its payment.

While the CBN, the MoF and the AGF are believed to be disposed to upholding the contract and the use of Remita for the continued success of the TSA, the Senate has a different view.

The Senate, in a 42-page report prepared in February, asked the CBN to cancel the contract.

April 29, 2016
TSA Senate report: CBN, AGF in dilemma over Remita

The Central Bank of Nigeria (CBN) and the Accountant-General of the Federation are in a dilemma over how to deal with Senate’s request to cancel a valid contract with the owners of Remita platform that drives the Treasury Single Account (TSA) of the Federal Government.

The system has helped the Federal Government to mop more than N3 trillion into the TSA in 12 months.

A director of the CBN admitted that it received a second letter last week from Systemspecs, owners of the Remita platform, requesting for its outstanding payment and clarity on future collaboration with the apex bank.

The source said Remita has not been paid for its services since March, last year when the platform began to track monies in Ministries, Departments and Agencies (MDAs) even though the Nigeria Interbank Settlement Systems (NIBSS) which is being positioned to coordinate collection with Remita and partly owned by the CBN, is not ready to undertake the assignment should the apex bank decide to breach the Remita contract.

The initial payment made for the services of Systemspecs was taken back via a CBN letter dated October 27 last year and signed by the Director of Banking and Payments Systems Department, Mr Dipo Fatokun.

In the letter, Fatokun said: ”I have been directed to inform you that you should refund all charges made into MDAs accounts as a result of the implementation of the TSA.

“Since the cost of collection must have been shared by all the stakeholders, you are hereby required to also provide a schedule of the total amount collected and the portion that was shared to each of the participants.”

But the Executive Director of Systemspecs Ltd, Mr Aderemi Atanda, declined to confirm if such a letter was sent to the CBN last week.

“We are talking to the CBN, the Accountant-General of the Federation and the Ministry of Finance about the way forward because we are not averse to renegotiation of the contract to move forward in the interest of the TSA success,” Atanda said, adding that “this is normal because they are the key stakeholders in the project”.

The letter, a copy of which was sent to the AGF and the MoF, is believed to be the second in a space of three weeks demanding for a position regarding the contract and its payment.

While the CBN, the MoF and the AGF are believed to be disposed to upholding the validity of the contract and the use of Remita for the continued success of the TSA, the Senate has a different view.

The Senate, in a 42-page report prepared in February this year, asked the CBN to cancel the contract.

Curiously, the upper legislative house, which had declined to put its own fund in the TSA for transparency reasons, had told the CBN in one breath to terminate the contract with Systemspecs claiming that the one per cent commission to be shared by all the parties involved are prohibitive (50 per cent to platform providers Systemspecs; 40 per cent to banks; and 10 per cent to CBN).

In another breath, the Senate said the CBN could continue with Remita but renegotiate the charges to between between N500-N700 per transaction even though transactions run into millions and some transactions captured on the Remita platform had been as little as N200.

According to the Senate report, “given that the systemspecs provided solution and services at the nick of time, and has allowed it to be used in spite of a freeze on its upfront deduction, as transaction fees, the committee hereby recommends that its efforts should be rewarded based on the CBN approved rate band of between N500- N700 per transaction for electronic transfer/ payment as specified in the CBN revised guideline.”

The apex bank source, however, said it will amount to financial suicide to follow the Senate’s recommendation by allowing payment of up to N700 per transaction to platform owners. “Imagine paying N700 each for all the single transactions entering the system to Remita and other parties,” he queried.

The source, however said a more probable arrangement would be the submission of a committee led by the MoF to cap N100 payment per transaction not exceeding N5000 effective January 1 this year and the payment exemption of the big collection chunks that arrived through Remita between September and October last year. It is unclear if such offer will be acceptable to Systemspecs because of the significant loss of anticipated revenue from the software resource.

When asked about the MoF-led committee recommendation, Aderemi said: “We are open to renegotiation of the terms and to continue working with the stakeholders to make the TSA a success story.”

The AGF who spoke at the Institute of Chartered Accountants of Nigeria (ICAN) United Kingdom (UK) international zonal conference in London in the previous week, said the TSA is supported by two core systems, namely the Government Integrated Financial Management and Information System and also the CBN Payment Gateway–Remita@CBN.

Represented at the event by Mr M. Zakari, the AGF said total inflow into the TSA as at end of March this year was about N3 trillion from over 17,000 accounts of 976 MDAs. The A GF said the TSA has instilled fiscal discipline and eliminated the process of cash backing MDAs account with the commercial banks. He said the Federal Government, which is the key promoter of TSA, will continue to provide guidelines on its implementation to ensure the maximisation of its expected benefits.

April 27, 2016
AGF intervenes in Bayelsa Assembly’s refusal to swear in members

THE Federal Government, through the Office of the Attorney-General of the Federation and Minister of Justice, Justice Abubakar Malami, may have intervened in the alleged breach arising from refusal of the Bayelsa State House of Assembly to swear in three minority members.

Kombowei Benson, the Speaker, allegedly refused to administer oaths on Watson Belemote, of the All Progressives Grand Alliance (APGA), representing Brass 2; Gibson Munalayefa, of the Labour Party (LP), for Ogbia 2 and Gabriel Ogbara, of African Democratic Congress (ADC), for Ogbia 3.

They were declared winners in their constituencies four months ago by the Appeal Court, sitting in Port Harcourt, the Rivers State capital.

But the Assembly’s leadership, dominated by the Peoples Democratic Party (PDP), ignored them.

It was gathered that the aggrieved lawmakers-elect sent letters of complaint, with copies of the judgments and their certificates of return to Malami.

The AGF, who reportedly met with them, was said to have called the development a breach of the constitution and an affront to the rule of law.

A source from the Attorney-General’s Office, who spoke in confidence, confirmed that the minister received the complaints and said the matter was receiving attention.

The source said a department responsible for such matters, had been directed to draft and send a letter of warning to Benson and the Assembly.

He said the office had concluded discussions on the matter and would issue a 48-hour ultimatum to Benson to swear in the elected members.

He said: “What is happening in Bayelsa State is a flagrant abuse of the Constitution and the rule of law. It is also a matter of national security. The Office of the Attorney-General, under the dispensation of President Muhammadu Buhari and the All Progressives Congress (APC), acting within its powers, will not tolerate it.

“It is a breach of the rule of law for any organ, arm or personnel of the government to flout any order issued by a court of competent jurisdiction. The lawmakers-elect were declared winners of the elections held in their constituencies by the Court of Appeal.

“Following the court order, INEC issued them certificates of return. But for about four months, they have not been sworn in. Their constituencies are not represented in the Assembly. It is impunity and it is against our constitution.

“The attorney-general is taking the matter seriously and has directed that a 48-hour ultimatum be issued to the Assembly to inaugurate the elected legislators or face the consequences.”

Also, the Ijaw Youths Council (IYC) Worldwide described the refusal of the Assembly’s leadership to swear in the three opposition lawmakers as unfair and unconstitutional.

IYC President Udengs Eradiri said Benson, by his action, was violating his oath of office.

Eradiri said the refusal was an act of cowardice which had exposed him to public ridicule and outrage.

According to him, the action of the Speaker grossly impinged on the rights of the affected constituencies to fair representation.

He said: “We call on the Assembly to swear in the affected legislators. It is an injustice against the legislators and the constituents they represent.

“The action of the Speaker negates his oath of office to be fair and just to all… When you hamper the voice of the constituents in the Assembly, you have trampled on their rights and committed a grievous offence.

“It is unacceptable. The Bayelsa State Speaker, who is well respected, should not allow himself to be used; he must do what is right before the people and the law.

“If the Assembly refuses to heed this call, its leadership should know that these members are Ijaw indigenes from Bayelsa State. Their action is an abuse of the oaths they took. The people are beginning to suspect that the House of Assembly is doing the bidding of some persons.

“There is no need for what is happening. Why are they afraid? How can three persons outpower 21 PDP members? If the excuse is that the APC states are refusing to swear in PDP elected legislators, the House of Assembly should not degenerate to that level. We should grow above such petty politics.”

Also, elders from the state, under the auspices of Bayelsa First Initiative (BFI), said it was unfortunate that Bayelsa was being run as a Gestapo state.

BFI’s Leader Chief Nathan Egba blamed the travails of the lawmakers-elect on Governor Seriake Dickson.

He accused the governor of ruling the state without recourse to the constitution.

Egba said: “The secretary to the state government (SSG) is a senior lawyer; even the governor is a lawyer, who is supposed to know the constitution and the right thing. The Speaker of the Assembly, the day he was sworn in after his rerun in March, said the Assembly was fully constituted.

“How can an Assembly of 24 members with only 21 members be fully constituted? We don’t know where this administration is headed as we speak.”

But the government, in a statement by the Commissioner of Information and Orientation, Chief Jonathan Obueibite, dissociated Dickson from the alleged controversy.

He said: “Governor Seriake Dickson has never interfered in the affairs of the House of Assembly. The Assembly is not subject to the unilateral control of the executive.

April 22, 2016