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Tag: amendment

  • PENGASSAN rejects proposed NLNG Act amendment

    PENGASSAN rejects proposed NLNG Act amendment

    The Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) has opposed the  House of Representatives’s plan to amend the NLNG (Fiscal Incentives, Guarantees and Assurances) Act, describing it as unnecessary.

    It said: “The amendment can cause imminent losses that will far outweigh any doubtful gains.”

    In a statement titled: “Proposed amendment of the NLNG Act: Economic and security implications for the nation,” signed by PENGASSAN President Comrade Francis Johnson, and Acting General Secretary Comrade Lumumba Okugbawa, the union said the amendment would impact negatively on the image of the country.

    PENGASSAN argued that the international community would perceive Nigeria as a country which does not honour its promises nor take its calls for foreign investments serious.

    The amendment, it said, could affect $25 billion foreign investments, 18,000 jobs from NLNG’s Train 7 and 8 programmes, and negate the job creation and security policy of the Buhari-led administration.

    The union added that the National Assembly’s  proposed action would also not only affect recent gains from the reduction in gas flaring – from 65 per cent to less than 20 per cent – and lead to the loss of up to $124 million yearly paid as taxes and dividends to the Federal Government.

    The union noted that it was essential that the country get the confidence of the international investor community to sustain critical investments, especially the stalled Brass and OK LNG projects.

    ”Our legislators should make laws that will improve existing businesses in the country and also attract new investments, and not laws which will stifle business, employment and/or erode investor confidence. The interest of the Nigerians must remain paramount,” the union said.

  • More knocks for Senate on CCB/CCT Act amendment

    More knocks for Senate on CCB/CCT Act amendment

    The Senate received more knocks at the weekend for last week’s amendment to the Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT) Acts.

    Many Nigerians reacted angrily to the concurrence of the Senate with the House of Representatives to take the powers over the CCB away from the President to the lawmakers.

    Yesterday, the Trade Union Congress (TUC), the Conference of Nigerian Political Parties (CNPP) and Jigawa North Senator Abdullahi Abubakar joined the fray.

    The TUC accused the lawmakers of making frantic efforts to sabotage the ongoing fight against corruption by attempting to take over the controlling power of the CCB and the CCT from the President.

    In a statement, the Congress said lawmakers had consistently shown Nigerians that they were not ready to perform the function for which they were elected.

    The statement signed by National President Bobboi Bala Kaigama and Acting General Secretary Simeso Amachree, said the interest of the senators is not to enhance the anti-corruption fight, but to shield themselves from prosecution when they engage in acts of misconduct.

    The statement reads: “The Trade Union Congress of Nigeria condemns the plot by some members of the Senate to amend the Code of Conduct Bureau and Tribunal Act to their own advantage. By this, they would now take over the controlling powers of the bureau and the tribunal from the President, to shield themselves from prosecution when they engage in acts of misconduct.

    “The mission and vision of the 8th National Assembly is becoming clearer by the day, as they have abandoned pressing issues for parochial and self-serving ones.

    “It is our belief that if the people in authority do the right thing, there would be no need trying to circumvent statutory laws and acts.  For us at congress, allowing the President to maintain his power of appointment into the CCB only is not enough if the war against corruption must be won.

    “In the last one and half years the lawmakers have given the country cause to worry, to say the least. They are paid humongous wages and allowances with the tax payers’ money for doing nothing, even at a time the wages of an average worker can barely take him or her home.

    “We salute the courage of the Appeal Court on its declaration on the case involving the Senate President, Dr. Bukola Saraki, on charges of false assets declaration brought against him by the federal government.

    The CNPP also called on well-meaning Nigerians and civil society groups, including the Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC), to mount pressure on Buhari to withhold his assent to the said amendment.

    The umbrella body of all the registered political parties and associations, in a statement yesterday by its Secretary General Chief Willy Ezugwu, noted that the CNPP’s decision was taken after a careful study of the amendment and the circumstances surrounding the controversial move.

    “We are taken aback that just months after it initially suspended the move to amend the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT) Act, the National Assembly subtly passed the amendment Bill.

    “When the plan by the National Assembly to amend the Act first became known to members of the public, there was deafening outcry, which forced the lawmakers to suspend the move.

    “The CNPP, just like many other Nigerians, had thought that the National Assembly by the suspension of the earlier move to amend the CCT/CCB Act was a sign of good days ahead where the lawmakers respect the majority opinion of their respective constituencies.

    “But the subtle passage of the amendment Bill is an indication that the National Assembly is serving the interest of its principal officers, and not that of the Nigerian people who unfortunately elected this crop of lawmakers, so insensitive to the core issues bothering the ordinary citizens”, the CNPP said.

    The Conference also noted: “The speed with which the amendment was carried out at a time some principal officers were accused of false declaration of assets is an indication of the interest it intended to serve.

    “We therefore urge President Muhammadu Buhari to withhold his assent by not signing the amended Act into law as the circumstances surrounding the amendment show it was done in bad fate and the action of the National Assembly amounts to taking over executive powers to the detriment of the constitutional principle of separation of powers. It must be noted that appointment of the staff of the CCT and CCB are clear executive powers, which the National Assembly cannot be allowed to usurp.”

    Senator Abubakar (Jigawa North West) told the News Agency of Nigeria (NAN) in Birninkudu, that “laws are meant to outlive individuals not meant for individuals.’’

    The senator, who said he was away on oversight duties when the amendment was made, said he was completely opposed to the decision.

    He also described the Bill on inheritance before the Senate as a negation of the provisions on freedom of worship, adding that it would not see the light of the day.

    According to him, Christians and Muslims are against the law.

    “We are there as representatives of the people and anything that the people don’t want will not scale through.

    “We will make sure that the aspirations of the people we represent are not sacrificed at the altar of a few members of the Senate.

    “Even though the bill has passed second reading, I believe any law can be stepped down at any stage and this is not an exception,’’ Abubakar said.

  • Amendment of NLNG Act right thing to do

    SIR: The current debate following the  Public Hearing on  the  proposed Amendment to the NLNG Act, to enable it begin to pay three percent of its total annual revenue to the Niger Delta Development Commission (NDDC), makes interesting reading.

    In a full page advertorial by Prof. Jasper F Jumbo, chairman and Traditional Head of the Jumbo Major House of Bonny, published in The Nation of Tuesday May 10, it was argued that “the Niger Delta communities which the NLNG project should develop substantially are brazenly disinherited, underdeveloped and marginalized and have remained at the negative receiving end of NLNG’s growth over the years”.

    Prof. Jumbo observed that the gestation period (pre and post operational holiday tenure) should have been fixed in that Act to read between 7 to 10 years and therefore supported the amendment of the NLNG Act to incorporate fixed tenure of the tax holiday. It was his observation that gas gathering into the NLNG plant crisscrosses several Niger Delta communities, dislodging their traditional occupational skills of fishing and farming as well as neighborhood ecological sanctity and general well being. It was therefore his contention  that, in the light of contemporary development and ecological problems in Bonny, Soku, Obioafu, Obrikom and other gas supporting communities in Rivers and Niger Delta, the unspecified gestation period tax waiver should no longer be allowed by the National Assembly to remain perpetual.

    Managing Director of NLNG, Babs Omolowa, in his presentation at the Public Hearing, also reported in The Nation Newspaper of May 12, stated that it is vital for the Federal Government to respect the sanctity of agreements with investors, so Nigeria would not be seen as a nation that breaks agreements. He stated that the “NLNG needs to be in position to support the region through being a successful Nigerian company bringing value to the Delta and the nation in general, but that this would only be possible if the promises made to investors are not broken by amending the NLNG Act which will certainly portray the country as one that does not honor agreements”.

    On analysis of the face value of the two sides of the argument, one sees some merit for each side. But on a scale of balancing, it is clear that the argument of Prof. Jumbo for and on behalf of the host communities of NLNG is infallible. There is no place in the world where Agreements, Conventions or even Laws and Constitutions are static and not subject to amendments. The American and even our Nigerian Constitution have been amended many times and the present one, 1989 Constitution (as amended) is still undergoing further amendment.

    There is therefore no reason why the NLNG Act should not be amended to reflect present realities. If, as its being complained of, that the level of application of resources for the development of the host communities of the NLNG is grossly inadequate, why shouldn’t the Act be amended, to make the goose that lays the golden eggs happy and be in a position to continue to lay the egg in a more convenient and comfortable environment?

    Yes the country may have reaped well over $33billion from its initial investment of $2.5billion in the NLNG project, as disclosed by the MD of the NLNG at the Public Hearing. But the question still remains how much of these have gone into the development of the host communities? You cannot be paying taxes, royalties and other levies to the Federal Government for the development of all parts of Nigeria while the particular areas which bear the burden of the operations of the project are neglected, abandoned and deprived.

    An amendment to the NLNG Act will provide impetus to giving more attention to these areas which may not have been factored in, at inception of the project. Otherwise youth restiveness in the area will continue. When this happens, will it be said that the main aim and objectives of setting up the NLNG has been achieved? Our national policy thrust should indeed, be guided more by our local needs and realities than by pleasing external interest which care little or nothing about our survival and fortunes.

     

    • Chike Okeke,

    Abuja.

  • CCB/CCT Act’s amendment: NLC, TMG, Falana slam Senate

    •SERAP petitions UN special rapporteur

    More criticisms yesterday trailed the planned amendment by the Senate of the Act establishing the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT).

    The Nigeria Labour Congress (NLC) described the amendment as a legislative ambush capable of scuttling Senate President Bukola Saraki’s trial.

    In a statement, entitled: “A Dangerous Amendment” by its President, Comrade Ayuba Wabba, the congress said Nigerians believed that the amendment was aimed at scuttling the trial.

    The NLC said while the intention of the Senate might be noble and in line with their legislative function, the timing of the amendment calls to question the real intentions of the upper house.

    The statement reads: “It is quite intriguing that it took the trial of the Senate president for the Senate to discover the flaws in the law(s).  Putting it bluntly, despite the spirited defences by the deputy Senate president to the contrary, not a few believe that this legislative move is a desperate attempt to scuttle the trial of the Senate President, Dr. Bukola Saraki, at CCT.

    “On our part, we do not think the privileges of the Senate president extend to exemptions from civil or criminal trials. At the moment, only the President and his deputy, the governor and their deputies enjoy this privilege. Thus, what the Senate is trying to do is no more than a legislative ambush.”

    The Transition Monitoring Group (TMG) urged the Senate to halt the desecration of the upper chamber of the National Assembly with the amendment.

    The TMG, in a statement in Abuja yesterday by its Chairman, Ibrahim Zikirullahi, said the amendment showed the level of desperation and the despicable extent to which legislators were willing to descend.

    “As far as we are concerned, Saraki’s trial at the CCT is his personal business.

    “ It is, therefore, a vexatious affront on the sensibilities of Nigerians that the weight of the legislature would be brought to bear in this disturbing attempt at given him political rehabilitation.

    “TMG frowns at this gangster approach to legislative business.”

    Also yesterday, Lagos lawyer Femi Falana (SAN) advised the Speaker of the House of Representatives, Yakubu Dogara, not to lend his weight to the proposed amendment by the Senate.

    Falana told Dogara that the proposed amendments were illegal and unconstitutional.

    He argued that where the constitution already made provisions for an Act the National Assembly is seeking to amend, such new provisions would be regarded as invalid, duplication and inoperative.

    He contended that the CCB and CCT Act could not be amended without first amending the constitution and advised him and other members of the House to persuade the Senate to terminate the proposed amendments.

    The lawyer noted that when the Corrupt Practices and other Related Offences Act 2000 was amended in 2003, following investigation allegations of corruption involving the leadership of the Senate, the Federal High Court set aside the amendment since it violated the constitution.

    Falana gave three reasons why the amendment proposed by Senator Peter Nwaoboshi, which the Senate passed the second time is unconstitutional.

    He said: “First, to the extent that the proposed amendment is designed to serve the interests of an individual, it is a violation of section 4 (2) of the Constitution, which has empowered the National Assembly to make laws ‘for the peace, order and good government of the federation or any part thereof…’

    “Second, notwithstanding that the Senate president has decided not to preside over the plenary in the Senate, whenever the bill is being debated, the whole exercise is a clear violation of Paragraph 1 of the Code of Conduct for Public Officers enshrined in Part 1 of the Fifth Schedule to the Constitution, which stipulates that ‘a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities’.

    “Third, Section 3 of the Act, which the National Assembly seeks to amend, has become spent. Senator Nwaoboshi was reported to have said that he was proposing an amendment to Section 3 of the Act to provide ‘for an opportunity for the person whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person’.

    “With respect, Section 3 of the Act is in pari materia with Paragraph 3 (e) of Part 1 of the Third Schedule to the constitution. To that extent, Section 3 of the Act is inoperative and invalid in every material particular. In Attorney-General of Abia v Attorney-General of the Federation (2001) 17 WRN 1, the Supreme Court held: ‘Where the provision in the Act is within the legislative powers of the National Assembly, but the constitution is found to have already made the same or similar provision, then the new provision will be regarded as invalid for duplication and or inconsistency and therefore inoperative. The same fate will befall any provision of the Act which seeks to enlarge, curtail or alter any existing provision of the Constitution. The provision or provisions will be treated as unconstitutional and therefore null and void.”

    The Socio-Economic Rights and Accountability Project (SERAP) yesterday said it petitioned United Nations (UN) Special Rapporteur on Extreme Poverty and Human Rights Prof. Philip Alston, asking him to request the Senate to withdraw the proposed amendments.

    In a petition by its Executive Director, Adetokunbo Mumuni, the organisation argued that the proposed amendments, “if passed into law, would weaken the act, undermine the fight against corruption, exacerbate poverty and violations of internationally recognised human rights.”

    The organisation urged the Special Rapporteur to pressure the Senate to withdraw the amendments and ensure that a climate of legislative impunity and official corruption is not allowed to undermine the mandate of the Special Rapporteur to advance human rights and address poverty.

  • Constitution amendment crucial to anti-graft war, says EFCC

    Constitution amendment crucial to anti-graft war, says EFCC

    The Chairman, Economic and Financial Crimes Commission (EFCC) Ibrahim Lamorde, has said the amendment of the 1999 Constitution is important in the anti-corruption battle.

    He made the submission at a one-day meeting of heads of anti-graft agencies on the United Nations Convention Against Corruption (UNCAC) Review, Recommendations and the Draft National Anti-Corruption Strategy at Barcelona Hotel, Abuja

    He said some relevant laws in the Constitution needed to be amended before the adoption of an action plan towards the fight against corruption.

    He also said the effectiveness of any anti-graft activity could only be judged by the number of convictions recorded

    Lamorde said: “The Constitution of the Federal Republic of Nigeria should be considered in whatever strategies being developed.

    ‘’The challenge my colleagues and I are facing, especially in the EFCC and ICPC, is the issue of prosecution of corruption and economic and financial crimes cases in regular courts.

    ‘’All these include making new laws, amending existing ones and improving on the efficiency of adjudication and sanctioning.

    He commended the efforts of the European Union (EU), the United Nations Office on Drugs and Crime (UNODC) and other agencies.

    A former Secretary to the EFCC, Emmanuel Akomaye, who spoke on the outcome of the Country Review Report and Follow-up Actions by National Partners, advocated better inter-agency coordination, building institutional capacity and legal reform.

    On his part, the ICPC Chairman Mr. Ekpo Nta, advocated better funding for anti-graft agencies.

    The Director-General, Bureau of Public Service Reforms, Dr. Joe Abah, said both the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal needed to be strengthened in order to be more effective in the fight against corruption.

    But Lilian Ekeanyanwu, representing the Technical Unit on Governance and Anti-Corruption Reforms (TUGAR), said the implementation of the strategy document would be the responsibility of the Presidency.

    Other participants at the meeting included the Corporate Affairs Commission (CAC), Bureau of Public Procurement (BPP), National Planning Commission (NPC) and Public Complaints Commission.

    Also yesterday, the EFCC said the U.S. Federal Bureau of Investigation (FBI) had donated a forensic work station to it.

    It said the donation of the equipment was a way of enhancing the collaboration between the EFCC and the U.S. in the fight against economic and financial crimes.

    A statement by the Head of Media and Publicity, Mr. Wilson Uwujaren, said: “The equipment, technically referred to as FRED (Forensic Recovery of Evidence Device) was presented to the Head of Operations, Lagos Zonal office of the EFCC, Iliyasu Kwarbai by the U.S. acting Consul General, Dehab Ghereab.

    Ghereab on her part praised the long-term partnership between the FBI and EFCC which has existed for more than a decade. She commended the EFCC for its professionalism and encouraged it to keep up the good work.

    She said the equipment will enhance the EFCC’s effort in the fight against cyber crime and standardise its operations.

    She said: “As we engage in these practices, we needed our counterparts. So, the FBI office made an assessment of the prevailing cases of cyber-based crimes which are not unique to Nigeria.

    “In the views of Fritz Kennely, a technical personnel with the FBI, the device will help the EFCC in analysing, processing and preservation of digital evidence which can be presented in court in a clear, concise and understandable manner, thereby aiding judges to adjudicate effectively.”

    After receiving the device, Kwarbai thanked the FBI for their support to the Commission in the areas of manpower development and investigation.

  • Why Constitution amendment deal collapsed

    Why Constitution amendment deal collapsed

    Former President Goodluck Jonathan could not assent to constitution amendments because of the collapse of talks between the Federal Government’s team and the National Assembly, it was learnt yesterday.

    The National Assembly could not abide by the terms of the agreement by both parties.

    The Assembly was also unable to satisfy the constitutional provisions which could make the former President to sign the amendments into law.

    But with five working days left for the 7th National Assembly to wind up, the principal officers of the Senate and the House of Representatives are in a dilemma on whether or not to override Jonathan’s veto and pass the amendments into law.

    Jonathan ought to sign the amendments into law on May 28, it was learnt.

    Although the Federal Government and the National Assembly presented the terms of settlement or agreement to the Supreme Court on Wednesday, the two parties still disagreed sharply between Wednesday  night and Thursday morning.

    It was gathered that the National Assembly could not “clean up” the amendments and fulfill constitutional requirements for Jonathan to assent to the amendments.

    The National Assembly reportedly retained some of the contentious amendments which forced the Federal Government to go to the Supreme Court.

    For Jonathan to sign the amendments into law, the Federal Government demanded that:

    •the sections removed by the National Assembly ought to be ratified by the Committee of the Whole and not a few members of the Assembly negotiating with the government;

    •there must be substantial compliance with the threshold specified in Section 9(3) of the 1999 Constitution on amendments;

    •alteration to constitution cannot be valid with mere voice votes, unless supported by the votes of not less than four-fifths majority of all members of the National Assembly and two-thirds of all the 36 State Houses of Assembly;

    •the involvement of few members in the clean-up was illegal because the process was irregular and improper;

    •the fresh amendments made available to the former President should also be presented to the 36 State Houses of Assembly for scrutiny and endorsement;

    •the review of the amendments through mere agreement with the Federal Government is subject to challenge in court and could be declared illegal; and

    •it was too late in the day for the ex-president to sign the amendments

    A highly-placed source, who spoke in confidence with our correspondent, said: “The Deputy President of the Senate, Chief Ike Ekweremadu, tried unsuccessfully to mobilize the Constitution Review Committee to clean up the amendments on Thursday.

    “But by the time the ‘clean copy’ was taken to the Presidential Villa on Thursday for assent, the National Assembly leaders were told that Jonathan had given his handover note to President Muhammadu Buhari and he could no longer sign any bill into law.

    “The Assembly leaders were also made to realise that Jonathan did not include the controversy over the amendments in the handover note.”

    Another source said: “The former Attorney-General of the Federation, Mr. Mohammed Bello Adoke (SAN), was of the view that since the report of the National Conference had been sent to the National Assembly, the 8th National Assembly will do a better job to effect the constitutional amendments.

    “The development made National Assembly leaders to leave the Presidential Villa dejected and disappointed.

    “In fact, Ekweremadu openly complained that Adoke deceived the National Assembly into out-of-court settlement.”

    A member of the legal team involved in the botched agreement said: “Our deal collapsed because the National Assembly did not clean up the amendments on time.

    “The Assembly leaders retained some of the amendments opposed by the Federal Government. And time was not just on the side of the National Assembly to fulfill the requirements for constitution amendment.”

    National Assembly leaders are said to be in a dilemma on the next step.

    A Senator said: “It will be difficult for the Senate and the House of Representatives to now sit and claim that they are overriding the veto of a former President.

    “There is no way President Muhammadu Buhari can be liable for the veto exercised by his predecessor. This is the challenge at hand.

    “The National Assembly can also not present the amendments to Buhari to sign into law. With five working days left, we are really helpless.

    “The worst aspect is that we cannot go back to the Supreme Court because time is no longer on our side.”

    The former President rejected 10 of the 65 amendments to the 1999 Constitution by the 7th National Assembly.

    Some of the errors in the amendments are:

    •non-compliance with the threshold specified in Section 9(3) of the 1999 Constitution on amendments;

    •alteration to constitution cannot be valid with mere voice votes unless supported by the votes of not less than four-fifths majority all members of National Assembly and two-thirds of all the 36 State Houses of Assembly;

    •right to free basic education and primary and maternal care services imposed on private institutions;

    •flagrant violation of the doctrine of separation of powers;

    •unjustified whittling down of the Executive powers of the Federation vested in the President by virtue of Section 5(1) of the 1999 Constitution; and

    •30 days allowed for assent of the President.

    The others are:

    •limiting expenditure in default of appropriation from six months to three months;

    •creation of the Office of Accountant-General of the Federation distinct from the Accountant General of the Federal Government;

    •empowering National Economic Council to appoint the Accountant-General of the Federation instead of the President;

    •allowing the National Judicial Council (NJC) to appoint the Attorney-General of the Federation rather than the President;

    •unwittingly whittling down the discretionary powers of the Attorney-General; and

    •Life pension scheme for principal officers of the National Assembly.

  • Akpabio’s N100m medicare pension for amendment

    The Akwa Ibom State House of Assembly may on Tuesday expunge some contentious clause in the 2014 Former Governors and Deputy Governors’ Pension Law.

    The contentious clause that sparked public outrage was the N100million and N50million medical expenses for former governors, deputy governors and their spouses.

    Following the controversy that greeted the signing of the bill, Governor Godswill Akpabio wrote to the House on the need to remove the controversial N100million and N50million medical expenses clause.

    What is not clear is if the House would reduce the cost of the medical care or leave the law open with no price tag.

    A lawmaker, who pleaded for anonymity, said the House only considered the amendment of the local government law which passed through the second reading during its sitting on Tuesday.

    He said: “On the issue of the letter, you can confirm from the clerk or the speaker. I don’t want to say the letter has not come when the letter is in the House already.

    “We sat on Tuesday. We didn’t get it then but we are resuming next Tuesday.

    “When we met on Tuesday, we adjourned till next Tuesday. What we looked at yesterday was the amendment of the local government law. The bill has passed through second reading.”

    Governor Akpabio had in a statement said former governors and deputy governors pension law was first enacted in 1998 and that the law did not place a limit on the amount that would be spent for the treatment of former governors and their deputies annually.

    The governor, however, insisted that the latest amendment was to protect the law from abuse by limiting the amount that could be spent.

    Akpabio said: “Let it revert to the open-ended situation inherent in the law, before the amendment.”

    He promised to institute, through extant circulars, a medical insurance scheme for the management of former governors, deputy governors and their spouses, to ensure that the open-ended nature of the law was not abused.

    The Nigeria Labour Congress (NLC) yesterday described the law as absurd and shocking.

    Its President, Abdulwahed Omar, warned the lawmakers not to legalise waste of public resources, saying the law was a perfect example of how not to make law.

    NLC said the law showed that the lawmakers are Akpabio’s stooges.

    Omar urged the National Assembly to use its extant power to overrule the House of Assembly, if it fails to overrule itself.

    His words: “The recent passage within 11 days of the bill which makes it possible for ex-governors to draw a pension allowance of N140 million annually is as shocking as it is absurd.

    “We at the NLC believe it is a perfect example of how not to make a law and a clear demonstration of what the electorate has always feared, that most Houses of Assembly are in the pockets of governors.”

    The NLC president said the fact that the state has witnessed infrastructural improvement under Akpabio’s watch was no justification for this level of waste.

    “Accordingly, rather than seek to waste state’s resources on frivolities,  Governor Akpabio is advised to demonstrate his commitment to people-driven projects or services.”

    Omar urged Akpabio to submit himself to the law that empowers only the National Wages, Incomes and Salaries Commission to fix salaries and allowances for modification by the National Assembly.

    The statement said: “The Akwa Ibom State House of Assembly has clearly set a bad precedent that will surely become a burden on the economy. This must not be allowed to stand.

    “In the light of the foregoing, we urge the National Assembly to use its extant powers to overrule the Akwa Ibom State House of Assembly, if it fails to overrule itself.”

  • NBA: Constitution amendment incomplete without referendum

    NBA: Constitution amendment incomplete without referendum

    The Nigerian Bar Association (NBA) has said any amendment of the Constitution without a referendum is incomplete.

    It said the amendment should be an ongoing exercise, and that the process should be initiated through a bill.

    NBA said some institutions should be constitutionally insulated from executive interference. Such institutions, NBA said, include the courts, the police, the electoral umpire, the accountant-general, the central bank, human rights commission, among others.

    NBA President Okey Wali (SAN) spoke at the association’s Annual General Conference in Calabar, Cross River State.

    Wali said a good Constitution should be measured against the standards of inclusivity (whether owned by the people to ensure credibility), validity (through referendum) and transparency.

    “The only way to achieve a people’s Constitution is through a referendum,” Wali said.

    On governance and rule of law, NBA said impunity and executive lawlessness must give way to law and order, which is essential for good governance.

    One method of doing so, the association said, is incorporation of independent national institutions vital to democratic consolidation in the Constitution.

    Wali said: “There should be solid guarantees that make them independent and free from interference, funding, tenure, etc. The NBA suggests adoption of Chapter 9 of the Constitution of South Africa titled: ‘Institutions Consolidating Democracy.”

    Former Chief Justice of Nigeria, Mohammed Alfa Belgore, described the presidential system of government as wasteful.

  • No to anti-workers’ constitutional amendment

    SIR: The Social Justice Institute (SJI) strongly condemns the attacks on democratic rights proposed through the amendments to the 1999 Constitution carried out by the Senate of the Federal Republic of Nigeria. The most maddening is the legalization of child marriage which represents a mighty attack on child’s rights in Nigeria through the retention of Section 29(4) (b) in the Constitution.We express our total solidarity with the opposition against this move and the mass actions being held to reject it.

    We reject the life pensions that the members of the National Assembly through the same amendment process. It validates the fact that the entire ruling elite in Nigeria are bankrupt, backward and anti-development. While the ruling elite has failed to achieve the Fundamental Objectives and Directive Principles of State Policy as contained in Chapter 2 of the Constitution, it is showing its neo-liberal character by awarding life pensions to themselves. Yet, many working class pensioners are suffering from unpaid pensions.

    We are equally opposed to the planned total exclusion of Labour matters including the minimum wage from the Exclusive List and its transfer to the Concurrent List. We express our solidarity with the Nigerian Labour Congress and Trade Union Congress which has also rejected this action. We hold that this represent a monumental attack on the mass of Nigerian workers and call on the two labour centres not to limit their opposition to press statements but also mobilize mass actions including but not limited to two-day general strike to show their total and vehement resistance to such move.

    We are equally opposed to the proposed amendment by the Independent National Electoral Commission (INEC) to the Electoral Act 2010 (2011 as amended), and the 1999 Constitution (as amended). Among other things, INEC is currently seeking, as evidenced by a letter dated June 13, the power to “disqualify candidates who evidently do not satisfy the requirements for the position, he or she is vying for as provided in Sections 65,66,106,107,131,137,177 and 182 of the Constitution”. The condition for this unilateral disqualification is that if “there is a prima facie case shown from the presentation that the candidate is unqualified”. How this is to be determined, INEC did not state! We hold that if the National Assembly allows these proposed amendments, they would trigger anarchy and disaster.

    On the contrary, we call for the immediate removal of the provisions of the Electoral Act 2010 (2011 as amended) and the 1999 Constitution (as amended) that restricts genuine multi-party democracy in Nigeria. We call for the deletion of the arbitrary provision of Section 78(7) (a) which empowers INEC to deregister political parties. We hold that this provision is a graveyard for democracy in Nigeria and amounts to sheer tyranny. We oppose the statutory disbursement of grants to political parties, which is the major ground upon which INEC came up with this provision and submit that the internal funding of political parties be driven through subscription by their members.

    We hold that Nigeria’s warped polity is a reflection of the lopsided socio-economic arrangement, wherein one-percent of the population control 99 percent of the oil wealth, which is the mainstay of the economy in Nigeria.

     

    • Ayo Ademiluyi,

    Director, Social Justice Institute,

    Lagos

  • Senate votes on Constitution amendment today

    Senate votes on Constitution amendment today

    •32 clauses to be voted on may kill Mayoral status for FCT

    The Senate will today in plenary vote on clauses of the 1999 Constitution slated for amendment.

    The upper chamber concluded debate on an Act to alter the provisions of the 1999 Constitution and for other matters connected therewith 2013 on July 11.

    There are 32 clauses slated for amendment by Deputy Senate President Ike Ekweremadu’s led Committee on the review of the 1999 Constitution.

    During the three day debate, Senators rejected the proposition for six-year single term for the President and Governors. But majority of the lawmakers endorsed autonomy for local government.

    Some other issues assigned to the committee to consider included state creation, state police, fiscal federalism, role for traditional rulers, autonomy of local government, financial autonomy for State Houses of Assembly and regionalism, indigene and settler issue, separation of the office of the Attorney General and Minister of Justice and others.

    Clause by clause voting by the Senate would enable the two chambers of the National Assembly to meet in conference committee to harmonise areas of differences before sending the report to the State Houses of Assembly for their approval or rejection of the clauses.

    Chairman, Senate Committee on Rules and Business, Senator Ita Enang, who spoke on voting pattern in Abuja yesterday said that the Senate is likely to reject the proposal for Mayoral status for the Federal Capital Territory (FCT).

    He noted that the sentiment by majority of the lawmakers is that approving a mayoral status for the FCT may challenge the position of the sitting

    President and pose a security threat to the country..

    Enang who represents Akwa Ibom North East said most of them feel that granting of mayoral status to the FCT is not in the best interest of the country.

    He added that in the United States, its capital Washington DC, is under the President and legislature, making the position of the mayor similar to the position of the local government chairman.

    According to Enang, the approval of mayoral status for the FCT is capable of challenging the authority of the President since the intent behind the establishment of the FCT was supposed to be based on neutrality.

    He said, “In Nigeria, there are 774 Local Government Councils. If you have a Mayor elected on another party different from that of the President there is bound to be crisis. The idea behind the establishment of a capital territory was intended to make for neutrality.

    “It is not in the interest of national security for us to create a mayoral status for the FCT while there is a sitting President.”

    “The trustee of the federation is the President of the country. That is the practice all over.

    “It will not be in the interest of national security and best practices to have a mayor of the FCT.

    “The FCT was not created to have a governor, instead it was supposed to have a minister appointed to administer it.”