Tag: Buruku

  • Ministry to part mining intervention funds to boost tiles production

    The Ministry of Mines and Steel Development said on Tuesday it would commit part of the mining intervention funds to support tile producers, to reduce importation gap.

    Dr Kayode Fayemi, Minister of Mines and Steel Development, disclosed this during a tour to CIBI Nigeria Limited quarry in Buruku, Kaduna State.

    Fayemi said part of the fund would be drawn from the World Bank single digit loan and the N30 billion Mining Intervention Fund approved by the Federal Government last year, among others.

    According to him, the ministry is in partnership with the Bank of Industry (BOI) to offer loan facility from the intervention funds to ”serious minded people” already producing tiles.

    “We are working with the BOI to disburse the loans as soon as the intervention funds are released to serious tile producers across the country,” he said.

    He said the CIBI would have been able to produce more than 200,000 square metres being made annually from dimension stones, if adequate resources, including finance, equipment and others were in its reach.

    Fayemi said that Nigeria needed four million square metres of tiles annually, adding that all the local tile producers could only produce less than a million annually.

    “The bulk of tiles we use in Nigeria are imported from Italy, China and India, among others; we need to support them because we envisaged this in our roadmap.

    “We are endowed with lots of mineral resources; we have dimension stones everywhere but not exploited; there is no stone we don’t have in Nigeria,” he said.

    Alhaji Nuhu Wya, Chairman of CIBI, urged government to support its project, as there were more demands for tiles but it lacked sufficient capital to expand the business.

    Wya said the company usually received market orders from its customers two months before production.

    ”Our company needs long-term loans to run the business to increase tiles production that could reduce importation gap.

    “If investment put in oil industry is replicated in solid minerals, Nigeria does not need to depend on oil as its mainstay because we are blessed with mineral stones abundantly,’’ he said.

    The ministry’s roadmap to contribute to the nation’s GDP is to reduce importation of tiles and concentrate on the production.

    The minister, on March 13, commenced tour of mine fields across the country.

     

  • Buruku River: Confluence of trade and woes

    Buruku River: Confluence of trade and woes

    A first time traveller on water would shiver at the large mass of River Buruku, Benue State. The river which takes 12 minutes to traverse on a wooden boat is a hub for business activities amongst communities in the neighbourhood, especially on market days, as it serves as passage for farmers to transport their produce to meet traders, and passers-by. OLUWAFEMI OGUNJOBI who just returned from the community, reports.

    A one and a half hour drive from Makurdi, the Benue State capital brings one to Buruku, a river side community. The town which had existed long before the creation of Benue State in 1976 is located on the banks of River Buruku, which is an extension of the popular river Benue. Created out of Gboko Local Government about 20 years ago, Buruku local government area, with its headquarters in Buruku town, has an area of 1,246km-square and a population of 203, 721 according to the 2006 census. It shares boundary with Logo and Katsina Ala Local Government Areas, which produce yam and rice in high quantity. These food produce are transported through Buruku River to major cities like Gboko, Otukpo, Aliade and Makurdi.

    This reporter gathered that Buruku Council was created in recognition of the commitment of its inhabitants to economic growth of the state. Parts of the major villages that make up Buruku Local Government are situated across the other side of the river and they share borders with Sankera in Logo Local Government Area of the state.

    Being predominantly farmers and fishermen, the people of Buruku depend largely on Buruku River for irrigation and fishing. Meanwhile, crossing the river is regarded as the fastest way to Anyiin, hometown of former Governor Gabriel Suswam, Gbanyam village and Ugba town, headquarters of Logo Local Government. The people of Logo too are predominantly farmers and in fact, they are one of the major producers of yam in Benue State.

    A visit to the river side gives a glimpse of the enterprising nature of Buruku residents. Small huts are built to serve as restaurants to entertain travelers. Pounded yam, fried yam, locally-made cake, also known as ‘akara’ are served to customers. There is also a ‘mini-depot,’ where fuel is sold at black market price to vehicles and boat engines. On the other side, are young men and women eking a living by trading in sugar canes, oranges, pears, and other fruit items. There is also ‘kuu’, a locally-made corn. Some of them channel the profit towards their upkeep, education, and to relieve their parents of stress. One of them is Benjamin Kerter, an English/Theatre Arts student at Katsina-Ala College of Education. Benjamin sells sugarcane at the riverside; he has been in the business since he got admission into the school two years ago.

    According to him, ‘I have been in this sugarcane business for quite some time, say since I got into school, and I give it my best anytime we are on break because I use the proceeds to support my education.”

    Asked how much he makes from the business, he said; ‘Sugarcane business is not really profitable, and has so many people into it. We make around N700 (Seven hundred naira) in a day, but it depends largely on how many people cross the river. We make good sales on market days, or during important occasions that require people to travel across the river. And that’s when we make around N1, 500 (One thousand, five hundred naira).”

    The river-side is always busy, especially every Wednesdays – which is Ugba market day, a community that is 30 minutes from the riverside. Buruku residents also trade at the market every five days. Most times, students in government schools defy school work for farm work and trade on market days.

    Transportation problems

    However, despite its economic potentials, the people of Buruku lack modern transportation system as well as a bridge over the Buruku River. The inhabitants of these communities have suffered these challenges for decades. The problem has made transportation of farm produce to the cities a difficult task. It has also caused many deaths. Though the communities have made several attempts to tackle the problems themselves, their efforts have yielded no fruitful result. The communities have also lodged several complaints to successive governments in the state, requesting them to extend their cries to the federal government, but all these to no avail. Presently, they have resorted to boats and canoes to enable them move around. Some farmers are left with no option than to board canoes with their produce on their heads to cross the river.

    Interestingly, it is not only humans that ride on the boats to cross Buruku River. Cars and motorcycles also get to ‘enjoy’ the privilege, even though the experience is a risky one and not funny at all for the faint-hearted.

    Although it has become a lucrative business and an opportunity for some inhabitants to make thousands of naira especially, during the rainy seasons, the operators are, however, forced to relocate their usual boarding points at the river bank, whenever it rains, to avoid the boats and people capsizing in the river.

    Zador Akinde, a native, gives an insight into how transportation across the river works. There are two kinds of boats; the ferry and the small boats. Travelling on the river in the small boat takes five minutes to the other side of the river, while travelling in the ferry boats takes 10 to 12 minutes depending on state of the engine. The small boat can take maximum of 15 passengers, while the ferry takes up to 100 passengers at once. The ferries can also convey vehicles, motorbikes alongside passengers. A ferry can take maximum of two vehicles. This route links to Zaki-biam, Katsina-Ala, Anyiin, Ugba and other communities of Benue State. It is also a shortcut for travelers going to Jalingo, Plateau, Kaduna and other northern states.

    Although there is a road across the river in the far end of Kastina-Ala town, the River Buruku terminal point located in the Ihungu Igor village mainly provides the needed shortcuts for motorists plying the route. Most commuters prefer using the route to reach their destinations quicker, at least to save time and resources by passing through the Kastina-Ala axis by road. Consequently, both private and commercial vehicles find it suitable to ferry their cars and passengers for a fee at the Abuku crossing point.

    Even former Governor Gabriel Suswam, this reporter learnt, finds the route most appropriate to travel to his village of Anyiin in Logo Local Government Area. Indeed, for various reasons, people have used the Buruku River crossing to engage in profitable and cheaper economic and social activities.

    Tersoo, a ferry boat driver, explained that charges depend largely on the type of vehicle that wants to cross, and how heavy they are. Charges for taxis are from N400 upwards, while buses range from N700 upwards. In some cases, they charge N1, 000 for heavy-loaded vehicles. Charges for Motorcycles range from N200 to N300.  As for humans, N50 is charged per head to cross the river. In some cases where the ferry is already loaded with vehicles, passengers are given free ride across the river. Corps members, whose places of primary assignment are across the river most times, enjoy this favour.

    They also make brisk sales on market days and during important events, when more vehicles throng in. During important occasions, charges, especially for private vehicles, are based on how highly-placed the person is – far from the normal fee.

    The cost of constructing the boats is huge. Zador explained that it costs N400, 000 to N500, 000 to construct a ferry boat, which doesn’t include the engine while it costs around N200, 000 to construct the smaller ones. Buying new engines is also quite expensive and beyond the reach of the local boat operators. According to him, the engines in their boats are the ones they can afford. The ‘Belgium’ (second hand) Yamaha 30 horse power cost N350, 000 while a brand new one is about N750,000. Smaller engines are also sold for around N200, 000.

    A year to remember

    Aside trade and transportation, the banks of Buruku River also serve as recreation. Overtime, picnickers and fun seekers in Benue State have made it an annual event to mark the Boxing Day celebration on the river bank. Fun-seekers turn out massively to do sight-seeing, picnic and play games and also win various prizes. Some even use the day to make marriage proposals to their loved ones. The picnickers have also succeeded in attracting government attention, as the Buruku Local Government Council now sponsors lots of games at the beach to encourage picnickers and create an enabling tourism potential for the state.

    The annual events and celebration has also gone smoothly since the beach was discovered, until December 26, 2013. On that fateful day, many young students of various higher institutions in the area who had come to socialise had  finished catching their fun, and were about to leave at about 8:45pm. However, only one ferry boat was available to convey the 125 fun-lovers across the river. As the story goes, the Maritime Union tried to stop them but the passengers insisted, because it was the last boat for the day. Problem however started when they got to the middle of the river and a boy brought out some fireworks. Some guys who were not comfortable with the development challenged him. In the process, they started exchanging words and the same boy brought out a knife to stab his challengers. The action triggered a fight in the boat. It led to pandemonium as other occupants of the over-loaded boat ran towards the driver’s side for safety. According to Zador Akinde, the weight of the people rested heavily on one side of the boat and as a result, the boat drifted, tilted and suddenly capsized before anyone could calm the warring parties.

    Stories have it that the driver lost control following the distraction from the warring occupants barely 500 meters to the berthing point, and the passengers were thrown into the river.

    The incident, which happened at the Abuku crossing point of the river, left 18 people dead.

    The Maritime Union and the Marine Police regulates the activities of the boat drivers. They ensure that the boats are in good condition, and the ferries do not carry more than they can safely convey. They enforce protocols or set rules at the river banks to ensure safety in water transportation, and also watch for criminal activities. They also defend the riverine area against subversive elements and external threats.

    It took 11 hours to recover the bodies of the drowned passengers. Ironically, the boy who was said to have instigated the pandemonium escaped unhurt because he could swim, while those that drowned died because they could not swim.

    When our correspondent asked if there are life jackets for passengers, they said, the locals consistently refuse the use of life jackets, which are dumped in the union’s office at the riverside. Their refusal is because Buruku River isn’t as deep as other rivers in Benue State, and there are no wild animals in it. Also, a handful of Buruku residents are good swimmers, who can easily rescue drowning passengers when accidents, which they say are very rare, occur. The life jackets are said to be donated by politicians seeking votes and non-governmental organisations.

    Election time, busy time

     As elections approach, the river is always as busy as market days. Residents who have left neighbouring cities travel down to their communities to exercise their civic right. Even politicians return home during this period. But, it’s not always rosy at this time, especially for electoral officers deployed to wards and polling units across the river. Corps members and the natives are used for the elections.

    At the last 2015 general elections (which our correspondent was one of the Presiding Officers), electoral materials were transported across the river around 3am in the night to the RAC Centre ahead of Saturday’s polls. “Our polling area was Agwabi, and I was posted to LGEA School, Buter.  The exercise went well, but encountered problems after we left the collation center for the INEC office. We got reports not to dare cross the river because there were some aggrieved parties who were not satisfied with the results in their wards, waiting to pounce on the electoral officials as it happened during the 2011 elections. On that occasion in 2011, aggrieved natives attacked electoral officials and poured the election materials into the river. We were only able to escape unhurt, with the quick intervention of Logo Police Command, who saw us through another route through Katsina-Ala to Buruku.”

    Government’s neglect and a people’s appeal

    In 2011, former president, Goodluck Jonathan promised two bridges across the River-Benue to avert frequent deaths resulting from water accidents. One of the bridges was to be built in Buruku to link Gboko direct to Ugba and Ayin – all in Logo Local Government. And the other was to be built at Kwata, to link Abinsi/Agasha from Makurdi straight to Wukari in Taraba. Four full years after, none of these bridges have been constructed. All the Federal Government roads inherited from the administration of President Olusegun Obasanjo in 2007, that were in manageable states, are presently in bad shapes, with criminals taking full advantage of the situation to unleash terror on commuters. They include the Katsina/Ala–Takum, Vandekya–Katsina/Ala–Zaki/biam that connects Taraba and Cross-River. Others are Lafia–Makurdi, Makurdi–Otukpo and Aliade–Gboko. Federal roads like Makurdi–Naka–Adoka–Ankpa, Adoka–Agatu–Oweto roads are death traps and have never been good since 1999 till date.

    Since that ugly incident of December 2013, the Maritime Workers Union of Nigeria (MWUN), Buruku branch has called on the Federal Government to provide its members with more sophisticated engine boats capable of ferrying heavier capacity of passenger weights. They have also appealed to the Federal Government to build a bridge across the river, to serve as a major crossing point to the three local councils of Logo, Buruku and Ukum (all in Benue), as well as linking parts of Taraba.

    My host and guide, Akinde has a good command of English language. He completed his secondary school education few years ago, but was called home from Lagos because of family responsibilities. He aspires to further his studies. His utmost cry is a bridge across the river for easier transportation. Will the government ever hearken to their plea?

    Only time will tell.

  • Buruku: Why Supreme court ordered fresh election

    Buruku: Why Supreme court ordered fresh election

    This ruling is on a motion on Notice brought by the 1st Respondent/Applicant praying the Court for the following orders:

    “AN ORDER of this Honourable Court to amend, correct and/or set aside the consequential order made by this Honourable Court in its judgment of 30th May, 2014 pursuant to the provisions of Section 141 of the Electoral Act 2010 (as amended) to wit: that the 1st Respondent/Applicant stand for a fresh election with other candidates for the Buruku Federal Constituency of Benue State.

    AN ORDER directing that the 1st Respondent/Applicant be immediately issued with the certificate of Return by the 2nd Respondent and sworn in as a member of the House of Representatives.

    AN FOR SUCH FURTHER ORDER OR ORDERS as this Honourable court may deem fit to make in the circumstances.”

    In support of this application was a 15 paragraph affidavit. Annexed to the affidavit were two exhibits. Exhibit 1 was the judgment of the Supreme Court containing the consequential order sought to be amended or set aside while Exhibit 2 was the judgment of the Federal High Court which nullified Section 141 of the Electoral Act 2010 (as amended). The 1st Respondent/Applicant filed his written address which was adopted and relied upon at the hearing of this motion. The Respondents did not oppose the application. In the written address of the Applicant, the Learned Silk, Yusuf Ali, SAN, who represents the Applicant, formulated one issue for consideration. It states:-

    “Whether in view of the facts and circumstances of this application and given the provisions of Section 22 of the Supreme Court Act and Order 8 Rule 16 of the Supreme Court Rules 1999 (as amended), the reliefs in the application ought not be granted?”

    In his argument, the Learned Silk submitted that a combined reading of Section 22 of the Supreme Court Act and Order 8 Rule 16 of the Supreme Court Rules 1999 (as amended) empowers the Supreme Court in certain circumstances to review its judgments, notwithstanding the finality of its judgments. Also, that by virtue of Section 6 (6) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), there is an inherent power in the Supreme Court to grant the prayers of the Applicant.

    On the grounds upon which the Supreme Court may review its judgment the Learned Silk cited the following cases:

    Alao v. ACB Ltd (2000) 9 NWLR (Pt.672) 264, Ede v. Mba (2011) 18 NWLR (Pt.1276) 236, Ojiako v. Ogueze (1962) 1 All NLR 58, and Igwe v Kalu (2002) 14 NWLR (Pt.787) 435 at 453.

    Learned Silk submitted further that the basis of the refusal of the Supreme Court in declaring the Applicant as the winner of the said election was exclusively on the provision of Section 141 of the Electoral Act 2010 (as amended) whereas the Federal High Court in Suit No: FHC/ABJ/CSI/2011 between the Labour Party Vs Hon. Attorney General of the Federation (Exhibit 2) delivered on 21st July, 2011 had annulled the said provision. According to him, Section 141 of the Electoral Act (supra) has been completely wiped out of the Electoral Act by the said judgment of the Federal High Court. He opined that the Supreme Court in its judgment in Exhibit 1 was obviously oblivious of the fact of the nullification and obliteration of the provision of Section 141 of the Electoral Act upon which the consequential relief ordering a fresh election was hinged. It was his further submission that given this factual situation, and in view of the fact that Courts exist for justice, the Supreme Court was urged upon to correct the error varying the consequential order for fresh election with an order swearing in the Applicant herein as the member representing Buruku Federal Constituency of Benue State. He cited the cases of Amaechi V INEC (2008) All FWLR (Pt.407) 1, Odedo v. INEC (2009) All FWLR (Pt 449) 844 and Inakoju v. Adeleke (2007) All FWLR (Pt.353) 3 at 203. Relying on Amaechi V INEC (supra) and other cases decided by the Court on the issue, he urged the Court not to deviate from its previous decision on the matter. He urged the Court to grant this application.

    In considering the application, the Court stated clearly from the outset that by virtue of Section 235 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Supreme Court cannot sit on appeal over its own judgment, noting that the provision gives a stamp of finality to any decision of the Supreme Court. The Court further stated that there is no constitutional provision for the review of the judgment of the Supreme Court by itself or any other body. And that is without prejudice to the powers of the President or of the Governor of a state with respect to prerogative of mercy. See Eleazor Obioha V Innocent Ibero & Anor (1994) 1 NWLR (Pt 322) 503. The Court stated its position in several decided cases that the Supreme Court possesses inherent power to set aside its judgment in appropriate or deserving cases but that such inherent jurisdiction cannot be converted into an appellate jurisdiction as though the matter before it is another appeal, intended to afford the losing litigants yet another opportunity to re-state or re-argue their appeal.

    The Court cited the case of Chief Kalu Igwe & 2 Ors V Chief Onwuka Kalu and 3 Ors (2002) 14 NWLR (Pt.787) 435 at 453 paragraphs F – H and page 454 paragraphs A – C, where the Supreme Court, per Ogwuegbu, JSC held as follows:-

    “I shall state that this Court possess inherent power to set aside its judgment in appropriate cases. Such cases are as follows:-

    (i) When the judgment is obtained by fraud or deceit either in the court or of one or more of the parties such a judgment can be impeached or set aside by means of an action which may be brought without leave. See Alaka V Adekunle (1959) 6 Ch. D 297, Olufunmise V Falana (1990) 3 NWLR (Pt.136) 1.

    (ii) When the judgment is a nullity. A person affected by an order of court which can properly be described as a nullity is entitled ex debito justitiae to have it set aside. See Skenconsult Ltd. V Ukey (1981) 1 SC 6, Craig V Kansen (1943) KB 256 and 263, Ojiako & ors V Ogueze & Ors (1962) 1 NCNLR 112, (1962) 1 All NLR 58, Okafor & Ors v. Anambra State & ors (1991) 6 NWLR (Pt.200) 659 at 680.

    (iii) When it is obvious that the court was misled into giving judgment under a mistaken belief that the parties consented to it. See Agunbiade V Oku-Noga & Co (1961) All NLR 110 and Obimonure v. Erinosho (2000) 2 NWLR (Pt.643) 14.”

    The Court affirmed that the Supreme Court made a decision in appeal No. SC.164/2012 decided on 30th May, 2014. In that judgment, the Court made three consequential orders, one of which was that the 2nd Respondent i.e INEC should conduct fresh election into the vacant seat of Buruku Federal Constituency of Benue State in the House of Representatives within three months (90 days) with the first Respondent/Applicant as the candidate of All Progressives Congress. The Court noted that the basis for that consequential order was Section 141 of the Electoral Act 2010 (as amended) which states:-

    “An election tribunal or court shall not under any circumstances declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election.”

    The Court in interpreting the above section stated that it is quite clear that the said section refers to some Courts for which the Supreme Court is not part of citing Section 133 (2) of the Electoral Act 2010 (as amended) which define “tribunal or court” in Section 141 which states:

    “(2) In this part, “tribunal or court” means:

    (a) in the case of Presidential election, the Court of Appeal and

    (b) in the case of any other elections under this Act the election tribunal established under the constitution or by this Act.”

    Thus, the Court held that the Supreme Court not being one of the Courts mentioned in Section 133 (2) of the Electoral Act is not one of the Courts to which Section 141 regulates. The Court further held that this is much more so since the issue for consideration was not an election petition appeal but a pre-election matter stating that in appropriate cases, the Supreme Court has exercised its Power to order successful litigants to be sworn in immediately without the rigour of having to go through another election and the Applicant herein should not be an exception. See Amaechi v. INEC (2008) All FWLR (Pt.407) 1 Orhena Adugu Gbileve & Anor V Mrs. Ngunan Addingi & Anor Appeal No. SC. 193/2012 delivered on 31st January, 2014, Jenkins Giane Divine Gwende v. INEC & 3 Ors, Appeal No. SC.255/2013 delivered on 24th October, 2014.

    The Court held that clearly, the definition of “tribunal or court” does not include the Supreme Court or the Federal High Court hearing and determining pre – election matters. The Court held that it is trite law and an unassailable legal principle that the express and unambiguous mention of one thing in a statutory provision, automatically excludes any other which otherwise would have applied by implication with regard to the same subject matter. This the Court stated is usually captured in the Latin maxim which states “Expressio unis est exclusio alterus.”

    See Ogbuniyinya v. Okudo (1979) 6 – 9 SC 92, PDP V INEC (1999) 11 NWLR (Pt.626) 200, Buhari V Yusuf (2003) 14 NWLR (Pt.841) 446.

    On the whole, in its well considered opinion the Court held that the application is meritorious and was thereby granted as prayed. Accordingly, the consequential order No 2 made in the judgment of the Supreme Court in appeal No SC.164/2012 delivered on 30th May, 2014 which ordered the Independent National Electoral Commission (INEC) to conduct fresh election into the vacant seat of Buruku Federal Constituency of Benue state in the House of Representatives was set aside.

     

    LawPavilion Citation: (2015) LPELR-24420 (SC)

    Compiled by:  LawPavilion