Tag: Ali

  • Senators attack Ali, AGF

    Senators attack Ali, AGF

    ‘Customs CG unfit,  should resign’

    Falana lashes Senate

    Senators yesterday told Customs chief Col. Hameed Ali to resign.

    The upper chamber declared the Customs Comptroller-General unfit to hold public office.

    The lawmakers resolved to ask Col. Ali to immediately throw in the towel in the interest of good governance and rule of law.

    The Senate also came down hard on the Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami, for allegedly advising Col. Ali to shun its invitation.

    The resolutions were made after about one hour 30 minutes closed session where issues concerning Col. Ali’s appearance in uniform were discussed.

    It was a charged session where senators took turns to criticise Col. Ali for not honouring the Senate’s invitation.

    The lawmakers concluded that Col. Ali deliberately refused to honour the invitation to appear at the Senate using an “orchestrated pending suit as a cover”.

    Briefing by the Comptroller General of Customs and Excise in line with Senate resolution was listed in Order Paper as one of the businesses of the day.

    Deputy Senate President Ike Ekweremadu told the Senate after the closed session that a letter was received on Tuesday from the AGF, asking the Senate to stay action on Col. Ali’s invitation due to a court process on the subject matter of the invitation.

    Ekweremadu asked the Clerk, Nelson Ayewoh, to read the letter.

    The letter reads: “Re: Suit Number FHC/ABJ/CS/207/2017. Mohammed Ibrahim (ESQ) Versus Col.Hameed Ibrahim Ali (rtd) and four others

    “I wish to formally intimate you that I am in receipt of a letter dated 20th March 2017 wherein I have been served with an originating summons in respect of the above subject matter (copy attached).

    “The originating summons is seeking among other declarations “whether the oversight functions of the National Assembly extends to compelling and/ or giving directive to the first defendant to wear uniform.”

    “In line with the principles of rule of law, Court decisions or most importantly, the declarations sought have been deeply rooted in the constitutional provisions; I hold the view that this matter is sub-judice.

    “In view of the above, it is the interest of justice and rule of law to stay all actions in this case until the constitutional issues raised in the matters are resolved by the law courts. I wish to further intimate you that as a defendant in the said suit, I intend to file processes and pursue it to a logical conclusion.

    “Accept my warm regards. Signed, Abubakar Malami, SAN Hon. Attorney General of the Federation and Minister of Justice.”

    Ekweremadu threw the matter open for contributions.

    Senator Jude Uwajimogu, (Imo North) who was the first to contribute, noted that Nigeria operates a democracy and no arm of government could not stop another from doing its duty.

    He said that the matter had been laid to rest by the Supreme Court that no arm of government had the authority to stop the other from performing its constitutional duty.

    Senator Dino Melaye (Kogi West)  said President Muhammadu Buhari should choose between rule of law and Col. Ali.

    Melaye said: “What we have from the AGF is an insult on the institution of the National assembly, especially on the Senate.  Where did he derive his power to suggest to us or direct us on how we should carry out our function.  This is the first time that any AGF will have the temerity to do so.

    “What we have is not a court order or injunction; it is a mere process.  The integrity and the independence of the legislature is at stake. We have a rule which says that a matter already in court cannot be treated here, but not a matter that we are already treating and somebody went to court.

    “The CG is not even fit to be the CG of Customs. The position of the CG is a rank and anybody holding that office is a public servant.  The compulsory retirement age for the service is 60 years and Hameed Ali is far above 60 and therefore not qualified to hold that office.

    “The President has a choice   to choose between the rule of law and the CG.

    “If we begin to have interference with our rules it will not work and, therefore, no amount of blackmail will deter us from carrying out our duty.”

    Senator Enyinnaya Abaribe (Abia South) said the advice of the AGF to Col. Ali not to honour the Senate invitation showed abysmal understanding of the law.

    Abaribe said: “The fact of the matter was the obnoxious policy which was introduced by the CG; this is what brought us to the matter of asking the CG to come and explain to Nigerians that policy.  I don’t want Nigerians to forget that.  I want to question the knowledge of the AGF on Nigeria law. His action shows an abysmal knowledge and  understanding of the law. I leave it to those who appointed him to tell us why he advised the Customs CG to disobey and disrespect the Senate.

    “I suggest we ignore him….and for the CG we must declare him totally unfit for the office to teach him a lesson.”

    Abaribe who quoted Order 53(5) of the Senate Standing Rules, said: “No other person is important in this matter order than the Senate President.

    “I want to question the understanding of the AGF of the laws of Nigeria. By going ahead to write to the Clerk to the Senate, it shows an abysmal lack of understanding of how things work here.

    “We have an AGF who does not understand the provisions of the law. Finally, there is a decided case by the Supreme Court that no arm of government can stop another arm from doing its work.

    “I am sure that the AGF has not seen the judgment in question. The CG has deliberately refused to come here. Let us declare the CG of Customs unfit to head the agency. We need to send a strong signal.”

    Senator Ibrahim Gobir (Sokoto East) suggested that the Senate should write the President to urge him to stop the AGF from interfering in the activity of the National Assembly.

    He said that the AGF had formed the habit of unduly interfering in the affairs of the National Assembly.

    Senator Biodun Olujimi described the position of the Customs CG as “gross impunity and arrogant display of ignorance”.

    She said “This is gross impunity. There is arrogant display of the ignorance by the CG who believes that he is bigger than the law and the CG who is ignorant of his duties.

    “There is separation of power and he has refused to understand it, forgetting that he is a mere appointee.”

    Senator Isa Hamma Misau (Bauchi Central) noted that when President Buhari was away on medial ground there was no tension or killings in the country.

    Misau said: “The enemies of this government are within the Presidency.  They are trying as much as possible to distract the President from performing.

    “The people surrounding the President are creating tension to destroy him from concentrating to do good for the people…..It is, therefore, time for Nigerians to pray for the President.  The letter from the AGF is trying to create problem between the President and the National Assembly.

    “For the 59 days the President was away did you hear about any killings, did you hear about any herdsmen attack, did you hear about Niger Delta Avengers. On the return of the President people in government are creating tension every where. The people surrounding the president are his enemies.”

    Senator Aliyu Sabi Abdullahi (Niger) said that when they intervened it was on the basis of the outcry by Nigerians over the retrospective payment of duty on vehicles.

    Abaribe moved that the Senate should declare the Customs CG unfit to hold any public office and that he should resign as Customs CG.

    Senator Francis Alimikhena (Edo North) seconded the prayer.

    The two prayers were unanimously adopted.

    Senator George Thompson Sekibo (Rivers East) moved that the Senate should resolve to condemn the AGF for attempting to derail the Senate from carrying out its functions and to write President Buhari to restrain the AGF from the unconstitutional interference in the work of the Senate.

    The two prayers were also unanimously adopted.

    payment of customs duty on old vehicle.

    It said that the service should perfect ways and means to collect customs duty on border and entry points “instead of harassing innocent Nigerians on the hinter roads.”

    The Senate resolved to write President Buhari to intimate him about all the resolutions.

    Ekweremadu who summed up the contributions insisted that the integrity of all arms of government should be respected at all times.

    He said that all arms of government are serving the same people.

    Ekweremadu said that Ali was invited because the Senate wanted him to explain a policy majority of Nigerians opposed.

  • Senate angry as Customs chief Ali shuns invitation

    Senate angry as Customs chief Ali shuns invitation

    ‘I won’t appear because of order’

    Court can’t stop us, says Senate

    Customs chief Hameed Ali will not appear before the Senate today.
    Senators have been insisting that the Comptroller-General should appear “in uniform” to explain the planned enforcement of duty collection on old vehicles.
    Col. Ali told reporters in Abuja yesterday that he would stay away from the Senate in deference to a court order.
    Attorney-General of the Federation and Minister of Justice Abubakar Malami also wrote to the Senate, urging it to suspend its invitation to the Customs CG because of the court matter.
    But the Senate insisted that no court could stop it from carrying out its constitutional duty. A source said the lawmakers might consider issuing a warrant for Col. Ali’s arrest.
    Col. Ali told reporters after attending a meeting at the Presidential Villa that “the case is in court already”.
    ”Somebody has sued us. It is subjudice. I have got my writ of summons and they said status quo ante should remain, which means nothing should move until the court makes a pronouncement,” he said, adding:
    “A private individual sued all of us; he wants an interpretation of the section that is in contention. I don’t want to talk so that I am not held in contempt of court.”
    The plantiff is Mohammed Ibrahim, a lawyer.
    The originating summons in the suit with the National Assembly and the Attorney General of the Federation as defendants seek, among many other things, a clarification on “whether the appointment of Ali by the President, having been made pursuant to sections 5 and 171 of the 1999 Constitution (as amended) can be subjected to the provisions of the Customs and Excise Act or any other law; whether there is any legal provision that prescribes the wearing of uniform as a condition precedent by the 1st defendant (Ali) in view of his appointment under Section 171 of the 1999 Constitution (as emended).
    Col. Ali also told some reporters: “Based on the advice from lawyers and briefing from the Office of the Attorney General and Minister of Justice who is also a party in the suit, I won’t be appearing before the Senate tomorrow until the court decides otherwise”.
    Chairman, Senate Committee on Media and Public Affairs, Senator Aliyu Sabi Abdullahi, confirmed the receipt of the AGF letter. “There is a communication, although I have not seen the content. So, I won’t be able to make any categorical comment on it, “he said and insisted that the court had no power to stop the Senate from conducting its constitutional duty.

  • Senate  mis-steps  on Customs chief Ali

    Senate mis-steps on Customs chief Ali

    To activist-lawyer Femi Falana, the Senate has taken every step in the wrong direction in its faceoff with Comptroller-General of Customs (CGC) Hameed Ali, a retired Colonel. In this article, the Senior Advocate of Nigeria (SAN) explains why the Red Chamber lacks the constitutional competence to invite the Customs’ chief on policy matters and compel him to appear before it in uniform. He also explains the illegality of an attempt by the Nigerian Customs Service (NCS) to collect additional duties from vehicle owners who had paid the duties charged at the time of importation. 

    Directive on uniform wearing wrong

    The timely reaction of the Senate to the policy of the Nigeria Customs Service (NCS) to compel all vehicle owners to pay appropriate duties has once again questioned the extent of the oversight powers of the National Assembly. In contributing to the interesting debate, I shall examine the legal validity of the policy, the legal competence of the Senate to summon the Comptroller-General of Customs (CGC) to justify the policy and the legality of the directive that he should appear before the Senate in uniform.

    Customs errs on payment of appropriate duties.

    We are aware that the NCS has announced the suspension of the implementation of the policy to compel all vehicle owners in Nigeria to pay appropriate customs duties from March 13-April 12, 2017.  Notwithstanding the suspension we deem it fit to point out that the policy is illegal as the NCS is completely estopped from collecting additional duties from vehicle owners who had paid the duties charged at the time of importation. Under the doctrine of estoppel, by conduct, the NCS cannot be permitted to deny the payment of what was charged and collected as appropriate duties from vehicle owners several years ago.
    In Alhaja Abibatu Mogaji v Board of Customs (1982) 3 NCLR 552, the armed agents of the defendant invaded and raided markets in Lagos and seized contraband goods. In the process, some of the traders were brutalised. They sued the defendant for damages in the Lagos High Court. Apart from condemning the violations of the traders to dignity, the Lagos High Court cautioned: “Those in authority in customs and excise matters ought to intensify methods for apprehending offenders at the point of entry of goods into the country as it becomes more difficult to do so afterwards.” In Margaret Stitch v Attorney-General of the Federation (1986) 2  NSSC 1389,  the Supreme Court held that the appellant  was only liable to pay the customs duty based upon the rate of duty payable when she imported her used Mercedes Benz car. It was the view of the apex court that it was unjust and retrospectively punitive to impose an additional financial liability of about N13, 000 on the appellant.
    In view of the settled position of the law on the matter what is required on the part of the management of the NCS is not a suspension of the illegal policy but its outright annulment without any further delay. Of course, the authorities of the NCS cannot be precluded from arresting and prosecuting highly placed individuals who usually forge importation documents in order to evade the payment of the appropriate duties to the coffers of the Federal Government.

    Senate’s incompetence to summon CGC on policy matters

    Under the pretext of exercising its oversight powers last week, the Senate summoned the CGC to appear before it to justify the policy on payment of appropriate duties from March 13 – April, 2017. Since he did not appear in uniform the Senate decided to adjourn its debate on the matter to enable him to comply with the directive.  In spite of the importance attached to the trifle and diversionary directive on uniform, it is submitted that the Senate lacks the vires to summon the CGC on policy matters. Indeed, the oversight power of either house of the National Assembly is not at large but limited by Section 88 (2) of the Constitution to enable it to “make laws with respect to any matter within its legislative competence and correct any defects in existing laws and  expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriate by it.”
    Since the decision of the Senate has nothing to do with making laws or exposing corruption, inefficiency or waste in the disbursement of funds appropriated by it, the summoning of the CGC constitutes a blatant violation of the Constitution. No doubt, the policy was designed to generate revenue for the Federal Government. To that extent , the Senate may be accused of shielding criminal elements who have engaged in the evasion of the payment of customs duties. If the Senate had wanted to protect the interests of vehicle owners, including themselves, they ought to have entered into dialogue with the Minister of Finance. There is no legal, or moral basis for the arrogance of power being displayed by the Senate, whose leadership has recently being linked with the illegal importation of a bullet proof limousine with fake papers to evade the payment of appropriate customs duties.
    In El-Rufai v House of Representatives (2003) 46 W.R.N 70, the Court of Appeal placed heavy reliance on the case of Senate of the National  Assembly v Tony Momoh, where it was held that “No power exists under the section for general investigation not for personal aggrandisement of the house. So, the appellants were not entitled to have invited the respondent in the first instance. In the instant case, the Senate is not conducting an investigation but challenging the policy of the NCS on payment of duties. With respect, the summons served on the CGC is illegal and unconstitutional as it cannot be justified under Section 88(2) of the Constitution.

    CGC can’t be compelled to appear in uniform

    However, the Senate engaged in another illegality when it exceeded its powers by asking the CGC to appear before it in customs uniform. Neither the Constitution, nor the Rules of Procedure of the Senate has conferred on it the power to compel the CGC to wear customs union when he is not a serving customs officer. Indeed, the directive is a reckless usurpation of the powers of the Board which is the only competent body to decide on the wearing of uniform by customs officers.
    In many countries, including South Africa, customs officers do not wear uniforms. It is on record that the first four heads of the Customs department in Nigeria never wore uniforms.
    Under the defunct military junta, officials of the security agencies wore uniforms as they claimed that they were either military or paramilitary forces. With respect to the customs service, its officers are required to wear uniforms in accordance with Section 8 of the Customs Excise and Preventive Service Regulations which provides that “clothing and equipment shall be of such pattern and worn in such manner as the Board shall determine.” The suit challenging the legal validity of Col Hameed Ali’s appointment has been dismissed on the ground that the President has the power to appoint a non-customs officer to head the customs service. Since a competent court has held that he is not a customs officer, Col. Ali cannot be made to wear any uniform by the Senate.
    If I am said to be wrong, I challenge the Senate to refer to any law that supports the wearing of uniform by the head of the customs service who is not a serving customs officer. The EFCC has been headed by three serving police officers and a retired police officer, but the Senate never mandated any of them to wear uniform whenever they appeared before it. Even the embattled acting chairman of the EFCC, Mr. Ibrahim Magu who appeared for confirmation in the senate last week was not directed to wear his uniform even though he is a serving police officer.
    I should not be understood as saying that the Senate deserves to be treated with disdain. All I am saying is that the Senate should have appreciated the limit of its powers under the Constitution. Thus, instead of playing into the hands of the CGC by invoking the provision of section 88 of the Constitution the Senate could have summoned the Minister of Finance to justify the policy of the Nigeria Customs Service, a parastatal under her supervision. That would have been in consonance with section 67 (2) of the Constitution which has imposed a duty on every Minister to attend either House of the National Assembly to explain “the conduct of his Ministry, and in particular when the affairs of the Ministry are under discussion.”
    Finally, the NCS should be directed by the Minister of Finance to cancel the illegal policy on payment of appropriate excise duties. If the Federal Government remains recalcitrant on the matter we shall not hesitate to challenge the policy at the Federal High Court. However, if the Federal Government is seriously committed to end the importation of vehicles into Nigeria via neighboring countries, it should direct the NCS to reduce the prohibitive duties charged on imported vehicles.

  • Ali, Baba and the NASS mob

    It must be a sobering time for Col. Hameed Ali (retd), the Comptroller-General of the Customs who has been riding gaily in his own self-made whirlwinds. Talk of enfant terrible, talk of in-your-face-defiance and talk of haughty go-to-hell ripostes and Ali is a master of that ancient art.

    Unable to bear the stench in the Nigeria Customs Service, President Muhammadu Buhari had drafted Ali to exorcise that honeypot of its infernal quick-fingered gnomes. The old soldier came riding in gallantly, wielding long swords – an old saying suggests that a son sent on a night mission by his father knocks down doors with impunity (well, not unlike our DSS). Ali, a sole administrator of sort, had let fly numerous heads in the service since he got on board and he is still harvesting scalps.

    But he may have backed up a wrong tree when he recently encountered the National Assembly (NASS) mob. Here is the story: Ali loves his agbada and danshiki and he also thinks it’s rather infra-dig for an army officer to climb down to donning any other yeye uniform. So he would not commit such class hara-kiri. But the Senate recently got on his case and insists he must love the service plus its uniform, or leave her.

    The hell with you, Ali had shot back, at least in body language. But then Baba returned in the middle of this eyeball-to-eyeball hold out. Now, Hardball can only wager that Baba must have told Ali: Oldboy what is this fuss about donning your khaki now? Even Fela said uniform na cloth, na tailor de sew am. Do you want to quarrel about uniform or do you want to do the job I sent you, Baba must have admonished.

    Ali sure got the message and immediately embarked on nocturnal peregrinations, to lobby the Senate and probably do a dress rehearsal. It is likely that Ali would don his khaki CGC regalia soon. That would be the photo of the age and it should go viral instantly.

    Ali has also returned to earth now promising to suspend and review the vexatious customs duty on vehicles saga. While at it, it may also serve him well to get his men off the streets and markets. There are probably more armed customs men in town today than soldiers and police combined. These men should be redeployed to the borders – every nook, every cranny, every footpath, every inch of our borders should be locked down – that is where the action is.

    Finally, and by way of lesson:  governance is always by consensus, always.

  • Senate v Ali: Drama and politics over uniform

    Senate v Ali: Drama and politics over uniform

    As the face-off between the Senate and the Comptroller-General of Nigerian Customs and Excise Service peaked at the senate, Assistant Editor, Onyedi Ojiabor, traces the origin of the face-off and reports on the politics and drama

    The build-up started with the Senate Committee on Customs and Excise scolding the Comptroller-General of Nigerian Customs Service, Colonel Hameed Ali (rtd.), for refusing to wear service uniform.

    In the estimation of the upper chamber, the recalcitrance of Ali in choosing not to wear service uniform amounted to rebellion and insubordination against the institution he heads.

    As if the controversy over wearing of service uniform was not enough, the Senate picked issue with the customs comptroller for proposing what the lawmakers tagged anti-people policy.

    The parliamentarians were peeved that Ali issued a circular on retrospective payment of duty on vehicles.

    For them, gleefully compelling vehicle owners who are end users to pay duty on vehicles probably bought years ago was the height of insensitivity by the NCS.

    Like the ‘Ali Must Go’ episode of 1978, which saw students of higher institutions in the country do battle with a former Minister of Education, Colonel Ahmadu Ali, alleged excesses of Hameed Ali were itemized by the lawmakers.

    They did not just list Ali’s ‘sins’ but seemed to have resolved that enough was enough. The spoken and body language of the senators spoke volume.

    Deputy Senate Leader, Senator Bala Ibn Na’Allah, started the altercation by alerting his colleagues about a planned implementation of retrospective duty payment on vehicles.

    At the end of the debate the senate resolved to ask the Comptroller-General of Customs to put the policy on hold.

    They did not stop there; the lawmakers summoned the NCS boss to appear before the chamber to explain reasons why the policy cannot be consigned to the dust bin of history.

    The issue took a turn for the worse a day after the resolution when Senator Dino Melaye drew the attention of his colleagues that customs CG vowed to go ahead with implementation of the retrospective duty payment on vehicles irrespective of senate’s resolution.

    The senate saw the position of the customs boss as an affront on its power as the highest lawmaking institution in the country.

    Melaye who appeared to have found an opportunity to cut the customs comptroller to size was at his best.

    “Mr. President, democracy is standing on three legs; one of the most important legs of democracy is the legislature and Nigerian Customs cannot function without the National Assembly because they cannot spend or survive without appropriations and oversight.

    “If this Senate, which is one of the most vibrant Senates in the history of this country, we take a resolution and an agency of government will have the temerity, will have the guts, will have the strength to blatantly disregard the entire institution of the Nigerian Senate. It is a very dark day for democracy.

    “I am a member of the Customs Committee, and I want to educate some of us today that the position of the Comptroller-General of Customs is a rank. As I speak today, we have Deputy Comptroller-General of Customs; the next promotion, if it comes to be, is Comptroller- general of customs and we have asked this man in the committee why he is not wearing the rank of comptroller General and he said uniform men don’t wear uniform twice.

    “Then I asked under which law and I educated him by reminding him that he retired as a Colonel and General Hananiya retired as a General; he was appointed as the Corps Marshal of the Federal Road Safety Commission; he wore promptly and daily the uniform of the commission.

    “Then, if that position is a rank and you are not wearing that rank, it means you are not even proud of the Nigerian Customs. I want to believe that government exists to serve the people and not the people in government, and if we have taken a position in the interest of the Nigerian people, an institution of government will show disrespect and disparage the Nigerian senate,” Melaye said.

    The Kogi West senator reminded the senate that if the policy was implemented, the people that would be mostly affected are poor Nigerians.

    “We need to check this properly because if customs people will now start checking duty certificate on Nigerian roads, I will not be affected because if the president is coming, no customs men will stop him to ask him for his customs paper; the customs people will only salute and he will pass; if a senator is passing, including Ike Ekweremadu, when he is passing, nobody will stop him to ask for customs papers, they have to standstill till his convoy passes. But we are doing it in the interest of the Nigerian people and they have now confronted the institution of the Nigerian senate,” Melaye insisted.

    Senator Solomon Adeola Olamilekan who was also irked asked the senate to rise and curb the excesses of the customs boss.

    The Lagos-West lawmaker further urged senate that it was time for the amendment of the Customs Act to streamline the functions of the agency.

    The performance of the NCS under Ali, he said, had been on the downward trend.

    Adeola did not stop there. He underscored the fact that the Service had recorded dwindling revenue while officers and men of the Service would become more vulnerable to corruption if the policy was allowed to stand.

    Senator Kabiru Marafa, in his contribution said, “The customs need to know that they are under the people of Nigeria and Nigeria is under a democratic rule, and we are elected into office by the people, and we have a duty to protect the people of Nigeria.

    “This kind of impunity cannot be allowed to continue. This is one issue that all Nigerians are unanimously against; it is condemnable and we cannot allow it to see the light of day,’ Marafa said.

    Perhaps, the Customs CG did not realise the Senate may have wanted to use his refusal to wear service uniform to get at him.

    It was obvious when Ali eventually bowed to pressure and appeared before the Senate on Thursday.

    As predicted, he was attired in his traditional white caftan with cap to match. The talk when he was ushered into the Senate chamber after being left in the office of the Senior Special Assistant to the President on National Assembly Matters, Senator Ita Enang, for over two and half hours, was no longer the overzealous policy of duty payment on old vehicles.

    He was completely washed down and walked out of the chamber to go and do the needful.

    Call it “power pass power” and you may not be wrong. It appeared the Senate had made up its mind on what to do.

    Deputy Senate President, Senator Ike Ekweremadu, may have put it in proper perspective before he put the question on whether Ali should be asked to go home and return with the proper uniform.

    Ekweremadu said: “Distinguished colleagues, we have heard everybody and the CG. I’m going to put the question but let me just do a further explanation to the CG of Customs: Mr. CG, if you look at Section 2 of the Customs Act, it defines the officer and that definition is so comprehensive to include the Comptroller-General of Customs.

    “I believe there are certain things the officers take for granted, which includes wearing uniforms. So, if that is what they should take for granted, I believe as the number one Customs officer, you should lead by example. Because if you create the impression that you should not wear uniform, then every other officer can also say there is no law telling them to wear uniform?

    “So, we as leaders we must lead by example and example is the best teacher. So, I think we need to encourage those we supervise to obey the law, by ourselves obeying the law.

    “Let me also further explain to you that why we still need to meet with you regarding the policy is that you simply suspended it. The suspension means that it can still come into force. We will like to have a conversation with you on the propriety or otherwise of that policy. So, you have an opportunity to explain to Nigerians through their elected representatives the propriety or otherwise of that. And then you will hear a feedback of Nigerians, also through their representatives. If Nigerians say we don’t like this, of course we are not going to force any policy on them. I think that’s why it is necessary that even after the suspension; we still need to have that conversation with you.

    “We must ensure that we lead by example. The Senate, as you can see, is of the view that you need to come back in the proper uniform.”

    The adoption of the motion that the Customs CG should go back appear next Wednesday in proper uniform was unanimous.

    Ekweremadu amplified the resolution, saying, “The Senate observed that the Comptroller-General was not properly dressed. The Senate therefore insists to see the Comptroller-General of Customs in uniform on Wednesday, 22 of March at 10am prompt.”

    As the Customs CG walked out of the Senate chamber, he appeared to be unrepentant.

    But the import of the unfolding drama was not lost on some observers. Why take a job you are not proud to wear its uniform, was the question on the lips of some people.

  • Senate walks out Customs CG over uniform

    Senate walks out Customs CG over uniform

    The Senate on Thursday walked out the Customs Comptroller General, Col Hammed Ali  from its  chambers for not wearing uniform as directed.

    He was asked to return next Wednesday, March 22 in uniform.

    According to the Senators, Ali should lead by example.

    Deputy Senate President, Senator Ike Ekeremadu had earlier  queried the Comptroller General for not wearing his official uniform.

    Responding to the question Ali claimed that the letter inviting him did not request that he should appear in  uniform.

    Contributing to the debate on the issue Senator Ibn Na’Allah said the circular issued by the Customs CG stating to the Senate that he won’t wear his uniform is derogatory.

    Na’Allah cited sections 7,8 &10 of the Customs Act which states that the Customs shares same privileges with police and other institutions.

     Senator B Jibrin said the CG needs to go and  apply the law of the land by wearing uniform before he addresses the Senate as stipulated in the constitution.

    Faulting the refusal of the CG to wear uniform, Senator Yayi Adeola said anyone can wear the Customs uniform and appear as the Comptroller General.

    Senator Ali Wakili however said  the Senate should temper justice with mercy, noting that Ali  “is a man of integrity”

    Sen. Magnus Abe pleaded  with the CG to wear his uniform to preserve the image of the Customs and perception of other institutions.

    The motion to compel the CG to appear in uniform was moved by Senator George Sekibo and seconded by Senator Gemade who said it is respectable and important for the Customs boss to wear his uniform.

     

     

     

     

  • Breaking: Customs CG Ali fails to honour Senate’s invitation

    Breaking: Customs CG Ali fails to honour Senate’s invitation

    The Comptroller General of the Nigerian Customs Service, Col. Hamid Ali (retd) has failed to honour Senate’s invitation, citing bereavement.

    In a letter he wrote to the President of the Senate, Dr. Bukola Saraki, Ali announced that the controversial policy on car import tariff policy has been put on hold.

    After reading the Customs’ boss letter at plenary on Wednesday, senators took exception to Ali’s refusal to honour the invitation, describing it as unacceptable.

    Reacting to Ali’s letter, Senator Kabiru Marafa, described his action as an affront and a slight on the Senate.

    The Customs chief was invited by the Senate to explain the rationale behind the introduction of import duties on old vehicles.

  • Ali: smugglers import arms, ammunition via land borders

    Ali: smugglers import arms, ammunition via land borders

    • Customs eyes N900b revenue

    The Nigeria Customs Service (NCS) yesterday said it decided to ban vehicle importation through land borders because it discovered that unscrupulous elements were using it as a decoy to flood the country with arms and ammunition.

    Its Comptroller-General, Col. Hammed Ali (rtd) who spoke  in Abuja during this year’s International Customs Day with: Data Analysis for Effective Border Management as its theme, said the ban would help boost the economy.

    He said Customes  hopes to generate between N700billion and N900 billion as revenue for the Federal Government this year.

    Ali said the service generated N898 billion from the N937 billion target set for last year.

    He said: “We are looking at between N700 billion and N900 billion. The budget has not been finalised. Until the budget is finalised, we will get the final approval. We never had N1trillion, it was N937 billion. We got N898 billion.

    “We are a little bit short but if you appreciate the trading volume, you will know that the NCS has done extremely well.”

    Speaking further on the ban, he said it would help tighten the security of the country.

    “I think it is (the ban on vehicles through land borders) is coming up very well; we are about 26 days into it; it always takes time to have these things really driven into our stakeholders.

    “The actual fact is that we want to boost the economy of this nation. We want to bring back those money that is been exported back to this country.

    “We want to tighten the security of this country because we have discovered through the importation of these cars through the borders where most of them are smuggled, arms and ammunition are being squeezed into these cars and driven into this nation,” he said.

  • Court strikes out Buhari’s N50b suit against NTA, IG, Ali, others

    Court strikes out Buhari’s N50b suit against NTA, IG, Ali, others

    A Federal High Court in Abuja has struck out a N50 billion suit by President Muhammadu Buhari against two media houses, the Inspector General of Police (IGP), former Director of ex-President Goodluck Jonathan’s presidential campaign organisation, Ahmadu Ali and others.

    The suit was filed by the President on March 23, 2015, through a team of lawyers led by the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN).

    The suit sought to, among others, prohibit the defendants from further airing and publishing an offensive documentary produced by then President Jonathan’s campaign organisation, which portrayed Buhari and his party, the All Progressives Congress (APC), in bad light.

    Defendants in the suit included Daar Communication Plc – owner of African Independent Television (AIT), National Television Authority (NTA), National Broadcasting Commission (NBC), IG, Peoples Democratic Party (PDP) and Ali.

    Buhari had argued in his statement of claim that the documentary titled: “The Real Buhari,” aired on NTA and AIT during the last presidential campaign, amounted to hate speech, which contravened Section 95(1) of the Electoral Act 2010.

    He stated that the hate broadcast by Daar Communication (AIT) and NTA contained fabricated and concocted facts about the purported past of the 1st plaintiff (Buhari), meant to mislead the electorate for the benefit of then President Jonathan, then Vice President Namadi Sambo and the PDP.

    The plaintiffs – Buhari and the APC – sought, among others, a declaration that the publication and airing of the documentary breached Section 95 (1) of the Electoral Act 2010 and Section 2(g) – (n) of the NBC Act 2010.

    The plaintiffs urged the court to award N50 billion in exemplary and aggravated damages against the defendants and in their (plaintiffs’) favour.

    They equally sought an order directing the 1st, 2nd, 5th and 6th defendants (Daar Communication, NTA, PDP and Ali to publish “unreserved apologies” in the Economist of London, the Wall Street Journal, Bloomberg, Cable News Network (CNN), among others.

    When the case was mentioned yesterday, no lawyer announced appearance for any of the parties.

    In a brief ruling, Justice John Tsoho noted that the case was filed on March 23, 2015, but that the plaintiffs failed to take any follow-up steps.

    “It (the case) is deemed abandoned. And it is hereby struck out,” the judge said.

  • Ali, Trump and Clinton: The greatest, the baddest and the saddest (part two)

    Ali, Trump and Clinton: The greatest, the baddest and the saddest (part two)

    He who leads by impulse escorts his people from one calamity to the next

    There is something terribly wrong when the two remaining candidates for the American presidency, Hillary Clinton and Donald Trump, are the moral inadequacies now before the electorate. Neither one of them seeks anything beyond self-aggrandizement. They would rather expend the greatness of an entire nation in order to satiate their appetites.  Searching for noble principle in either of them is as futile as hunting for a snowflake in an active blast furnace. Basic goodness has melted from them long ago.

    That either of them is poised to become president jeopardizes America more than any threat from ISIL or other foreign enemy. Their media hirelings will proclaim the coming election is a battle for America’s soul, its very future. That is a lie. Should these two be the only choice on the menu, then America has no choice. The battle has been waged and it has been lost. If either Trump or Clinton come to reside in the White House, America would be reduced and the world made a more dangerous place because of it. Decay of the national purpose and institutions of governance would be the order of the day. The place they would take America is not the place those who fought and died for America had in mind when they made their sacrifices.

    Trump would send the nation cascading to Hell, boasting all would be fine because he had enough money to make a deal with the devil to sell ice to all the inhabitants below and build a golf course/water resort for the wealthiest among them. Clinton would whisper all would be fine because an old friend was assigned to tending Hell’s backdoor. That friend owed her a favor and would allow her to secret in air conditioners. Distinct styles and different routes leading to the destination: calamity then ruination.

    The most obvious deficiency is Mr. Trump’s although both contenders are equally dangerous but in different ways and means. This flailing man is a walking sarcophagus of prejudices and biases that refuse to die. His campaign thrives on the fears and hatreds that till the souls of the mean and petty. He has said evil things about almost every minority, all faiths but the one he claims, and about women. If the mouth speaks from the abundance of the heart, then hatred perhaps is one thing Trump loves more than money.

    The man has shown himself to be grossly ignorant of the most basic tenets of both foreign and domestic policy. He claims that his expertise as a businessman well suits him to rebuild the economy. This is his most solid claim to office; yet, if it is anything, it is but spittle and mud. Just because a man is expert at fashioning hubcaps does not mean he knows how to design an engine or even drive the car. Trump’s prowess as a real estate dealmaker does not automatically make him adept in macroeconomic policy. Thus far, much of what he has proffered as economic policy has been effluent.

    Trump is an untalented hurdy-gurdy man too much in love with the ramshackle noises he makes. He hears a symphony. Most reasonable ears hear the sound of falling rocks. He is the public affirmation of the caution that vast wealth can be as much a debilitation as an attribute. If America wants to be great again, an essential task must be the construction of an insuperable wall between Trump and the White House.

    Clinton’s situation is more nuanced but also parlous. Superficially, she appears to be the right answer for the moment. Yet, the only real difference between her and Trump is one of veneer.

    While he is brash and abrasive, she has a polished appearance and speaks with a professional restraint. Yet, her deeds reveal an impetuous streak and a heart as disdainful of democratic practice as Trump’s.

    The danger Trump poses is clear and bulbous. He relishes showing us he is an epic collision in the making. Both believe themselves more than us mere mortals. As such, both would undermine American democracy more than perfect it. Both might bring the world to the cliff’s edge, to leave it hanging on a razor-thin balance.

    Clinton’s words profess compassion. Her long resume pretends competence. Her deeds are the problem. Her accomplishments are more hollow than she would rather they be. This relegates her to argue the mere holding of office is sufficient accomplishment regardless of what occurred while there.

    Because she has been around so long and has held many posts, we have been induced to believe her and believe in her. Yet, to believe in her is to believe she is what she is not. Secretary of State was the last major office she held. She turned the State Department into a place of erroneous policy as in Libya, Syrian and Ukraine. She treated the august department as her personal fiefdom. She proved to be a sly manager who mishandled sensitive public resources as if they were her own and treated the public trust as if nonexistent.

    While Trump is a daylight assault with an axe, Clinton is a nocturnal bacillus whose attack comes subtly from within while our defenses are down and slumbering.

    Hillary Clinton’s run for office has now become a moral dilemma for her allies. One cannot back her yet support good governance and the rule of law at the same time. In clinching the Democratic Party nomination, Clinton has achieved two firsts. She is the first woman to clinch the nomination of one of the two major parties. That a woman has done so is long overdue. That it is Clinton will be recorded as one of America’s bittersweet occurrences. It is to bestow a true honor on one of the most counterfeit personalities of this or any era.

    She is also the first presidential candidate of any major party to enter the election race under criminal investigation for serious breaches of national security. As to which ‘’first’’ will history lay her greater remembrance looms as an open question.

    For those unversed in diplomacy and national security matters, the storm about her use of a private email account and server seems unintelligible or petty. For those knowledgeable about American national security matters, what she did is of utmost seriousness; it was criminal in nature and should disqualify her for office. It reveals a frightening disdain for the rule of law and the intelligence of the people, both warning signs that democratic good governance may not be Clinton’s strong suit. I consider myself in this latter group.

    This is important to all. If she can be so callous regarding the nation and the constitution she professes to love, grave dangers lurk for those nations that win her ire. Remember Clinton publicly joked about how Qaddafi was tortured and killed as if sodomizing then illegally executing an opposing leader is the stuff of jokes instead of the crime that it was. Such dark levity is unbefitting a world leader. In Libya, she pushed the Obama Administration to work in concert with regional terrorists to upend a secular leader who had long ago ceased being a threat to any measurable American interests. She championed this avenue more as a function of pique than of sage policy. After witnessing and joking about the destruction she, Clinton turned her back and left that nation to rot and ruin. If indicative of her purported competence, then we are in palpable trouble for the Libyan caper is a picture book example of foreign policy by guttural impulse.

    Clinton has never encountered a war she did not like yet she has proven to be a truant housekeeper after the damage has been wrought. She has thirsted for every American war in the past twenty years. If she had her way, what happened in Libya would have repeated itself in Syria. Judging by her published emails, she pines for an excuse to war against Iran. Russian and American military might would be in nose-to-nose proximity on the steppes of the Ukraine due to her lack of geopolitical prudence and blind arrogance. A Clinton presidency is like to cart the world closer to a major war of untold consequence.

    Because of the leadership and personality flaws the scandal reveals, perhaps a bit of explanation about the national security and legal implications underlying her email scandal may help the reader understand the gravity of Clinton’s derelictions. For this is not an artificial fuzz over the sloppy handling of inconsequential emails such as what friends exchange between themselves. This concerns the wanton and perhaps willful misuse of emails that contained some the nation’s most closely guarded national security considerations.

    As Secretary of State, her official communications belong to the people and to the United States government, not to her. They were meant to be restricted to encrypted official channels for archival purposes and, more importantly, to safeguard information from foreign snooping. The use of a private server trashed both goals.

    Clinton acted as if her want to control access to her official communications was of greater weight than the true ownership rights and national security concerns of the government that employed her. She acted as if the government was her agent and servant instead of the other way around. In treating sensitive government documents and work product as belonging exclusively to her, she behaved imperiously, like spoiled royalty doing the nation a favor rather than a citizen grateful for the privilege to serve her country.  The lack of character which she has exhibited in the matter is revealed in a quick examination of the claims she has made to dance around her culpability.

    Claim 1: The State Department approved the private setup. This claim has proven bogus. In an official report, the Department claimed it never was asked to approve the private server and if so would not have done so. Clinton lied.

    Claim 2: Her private arrangement was consistent with those of her predecessors. The only other Secretary to use a private email account was Colin Powell. However, he never contemplated a private server and did not exclusively use the private email account for official business. He also had the imprimatur of the Department for his limited use of private email. His rather limited official use of that account came during a completely different era regarding the use of emails for government business. At that time, the Department did not have an unclassified email system as during Clinton’s tenure. Again, she lied.

    Claim 3: The private server and account were done merely for convenience purposes.She did not want to have to constantly flip between a government and a private system. This does not wash.  If she did not want to operate two systems, the wisest route would have been to opt for the government device solely.

    For instance, she was prohibited from using her private device in her office because that office was considered highly classified space. Whenever she wanted to deal with emails during office hours, she had to leave her office suite. Thus, we are left with the incongruous sight of the Secretary walking about the building, followed by security and other officers, as she went to another room or floor to treat emails. This might have happened several times a day. This does not seem convenient. It does not even make sense. A government devise usable in the comfort of her office and at home would have been inherently easier and wiser.

    Her staff even refused Department attempts to give her a government-issued secured device because they wanted to maintain Clinton’s privacy. The position is as indefensible as it is corrupt. She has no privacy right to hide official communications from the very government that employed her to handle those communications.

    Even if she opted for the private route, convenience would have pointed to only the creation of a private account. Setting up a private server in her residence is actually significant extra work. There is only one plausible reason to resort to a private server: to control access to the material, in effect obscuring from government what belonged only to it. On this point, either she lied or her judgment is so obtuse that she should not be trusted again with high public office.

    Claim 4: The server was secure because armed Secret Service men guarded the residence. Having an armed guard standing on the porch might prevent a physical assault against the location. Yet, it is beyond explanation how a gun at the front door deters a computer hacker who can accomplish his theft from the other side of the planet. A gun at the porch was no more a defense to hacking the infernal machine than putting an oar in the car helps a person drive cross a bridge over a wide river.

    Sadly, her personal server was extremely vulnerable. Her network lacked encryption. For a brief period, it lacked even the firewall and other lower-level security features employed by medium and small private businesses that do not handle sensitive documents. Establishing her server in order to avoid government retention of her records seemed to be her sole concern. Her obligation to safeguard important information was treated as a damnable nuisance. Again, she has lied or exposed herself as a supreme dunce.

    Claim 5: No wrong was committed because no document was marked classified. This is as disingenuous as an argument can get. When she became Secretary she underwent training about classified information. She signed a formal oath that classified information could be marked or unmarked and that the mishandling of such is a criminal violation. She went into the job with eyes open. She cannot now profess a dumb blindness.

    What makes information classified are not the markings but the content. Documents are not classified just because they are marked so. They are marked so because they are classified. The classification arises from their substance. The markers just acknowledge what already exists.

    Over 1000 emails she returned have been found to be classified. Refuting her claim that the documents were “retroactively classified,” there is no reasonable explanation that can be offered how such documents would be classified now but were not when initially transmitted. Sensitivity of a message generally moves in inverse relationship to the passage of time. The older the message, the less sensitive. For her to argue the emails were not then classified but now are lacks credence. She knows better than to make this argument but she makes it anyway.

    Claim 6: She is innocent because she bore no criminal intent. Neither fact nor law gives her succor. Under the several applicable criminal statutes, she can be held feloniously liable for the wrongful and willful transmission of classified material or for being grossly negligent in the handling and storage of the same. There is ample intent of willful violations.  Roughly 20 emails have a classification of top secret or higher and over 60 as secret. Unless all of these 20 documents fit into a mitigating narrow exception that grave emergency dictated the use of the unclassified system, then at least two people committed a crime, the sender and serial receiver thereof, the latter being Clinton.

    The sender would have to deliberately transfer information from a secured device to put on Clinton’s unsecured private network. Such a deliberate trespass has almost no defense and is clearly punishable. Clinton would have known this criminal process was being done for her benefit if not at her explicit behest. She condoned the misdeed over the course of her tenure. This is an intentional breach of national security, a felony. The penalty for this is a fine or up to 10 years imprisonment for each violation.

    She also kept these emails on her unsecure private server for several years. By any objective legal measure, this would have to constitute the grossly negligent storage of classified material. To compound this, she placed the material on an unsecure thumb drive which is another violation.  She then gave the server and thumb drive to her attorney who lacked any security clearance. This comprises another set of violations. Worse, it seems that she also used two companies to monitor her server. These companies had no clearance, another set of violations.  One of the companies made back-up copies of the emails and stored them in an unsecured location, two more sets of violations. Keep in mind that every email, ranging from the 20 top secret to the over 1000 classified, is a distinct violation that carries a potential prison term of 10 years. You can figure the potential maximum time behind bars. My calculator does not count that high.

    If America seeks to continue to portray itself before the world as the land of the rule of law, then it must apply the law fairly and equally even against its most favored and privileged citizens. The Clinton national security scandal will test the legal system in an open and blatant way. If she is allowed to walk, penalty free from her misconduct, then you should realize that the American legal system is an object of barter and that justice is considered a rare but not a valuable commodity. Already the major media outlets have been found out. They downplay the scandal because they work for the same big money, vast military establishment that brings us the Clintons. If Clinton is called to answer for what she has done, perhaps just perhaps the United States would have taken an important step in reasserting the destiny its noble documents and republican doctrines claim for the nation. Next week, we explore how all of this may undermine President Obama’s legacy if he fails to exercise judgment.

     

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