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Tag: impunity

  • ‘Women should seek end to impunity’

    ‘Women should seek end to impunity’

    Gender activist, writer, columnist and policy advocate, Bisi Adeleye-Fayemi, has urged women to demand end to impunity.

     She spoke at the reading of her two new books: Demand and Supply, and A Tray of Locust Beans, at Roving Height Bookstore on Victoria Island, Lagos.

     Drawing from the message of Demand and Supply, the former Ekiti  governor’s wife stressed the disparity between demands by women and inadequate response from society.

     She said women have called for a voice, equal representation, and participation in decision-making processes.

     This, she noted, reflects a shortage of supply in terms of societal responsiveness.

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     She said: “My message in Demand and Supply is women have been demanding rights, a voice, a seat at the table but  there is a shortage of supply in terms of response to the demands.

    “We need to work on these issues because no society can develop, if women are left behind.

     In A Tray of Locust Beans, the author delves into a spectrum of thematic concerns that resonate with social realities.

    The author shines spotlight on the fate of the girl-child, a subject overshadowed by inequalities and discrimination.

     “It is a compilation of fiction and poetry that I’ve written over the years and it covers a whole range of issues. But a lot of the issues I’m concerned about include the fate of the girl child, sexual and gender based violence and discriminatory practices against women. “And I’d like to believe that both women and men should be concerned about these issues, and that we should do all that we can to minimise all these acts in our community.”

     Moreover, Mrs Adeleye-Fayemi confronts the scourge of sexual and gender-based violence, a pervasive issue that continues to plague societies globally.

    Through nuanced storytelling and poignant poetry, “A Tray of Locust Beans” invites readers to confront uncomfortable truths and galvanize efforts toward meaningful change.

     The author’s work serves as a powerful call to action for both women and men to address and mitigate these challenges within their communities.

  • Impunity writ large

    Impunity writ large

    • NAF personnel who attacked EFCC offices over detained colleagues must be punished

    The clash between some personnel of the Nigerian Air Force (NAF) and some operatives of the Economic and Financial Crimes Commission (EFCC) at the Kaduna State zonal command of the EFCC leaves a sour taste in the mouth. The NAF personnel had stormed the EFCC office to effect the release of their colleagues who had been arrested for allegedly attempting to forcefully release some internet fraud suspects under custody.

    According to the EFCC, they had arrested five suspects at an eatery in the Barnawa area of the state, based on credible intelligence indicating alleged internet-related fraudulent activities there. Following the arrest, some NAF personnel and two students of Nigeria Air Institute of Technology, Kaduna, Kaduna State, who were at the venue during the arrest later stormed the Kaduna zonal command of the commission and attempted to forcibly release the suspects.

    They were subdued and subsequently detained, necessitating an inter-agency dialogue that somewhat broke down. Some officers from NAF again stormed the Kaduna State Command of EFCC and attempted a commando-style attempt to free their colleagues from custody. Restraint from the EFCC side defused tension and the officers were released after they were profiled.

    This incident is sad but not unusual in a country where there is a perennial abuse of any type of power. Some military and even para-military personnel over the years have been reported to have shown absolute disregard for discipline and respect for the rule of law in ways that have resulted to either inter-agency quarrels or even attacks against the civilian population, sometimes resulting in injuries, destruction of property or even deaths.

    We condemn the unruly attitude of the NAF personnel and their disregard for due process and display of impunity. There are legal and constitutional avenues for expressing disapproval of actions from institutions and individuals. Use of force is not one of them. Again, soldiers are trained to uphold the highest forms of discipline and hierarchical respect of offices and institutions. How did the country descend to a level where individuals wearing uniforms bought with the tax payers desecrate their offices with unruly public display of total abuse of office?

    There seems to be no other explanation other than the reign of impunity that often goes unpunished in the Nigerian society. There is an ‘above-the-law’ attitude of many officers in uniform, irrespective of their rank or status. The idea of military and para-military uniforms being seen as an armour against any kind of disciplined behaviour ought to stop. In most cases, the system does not wield the big stick against offenders, so, no deterrents are set. That is why we continue to have repeated cases of inter-agency public quarrels. 

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    We have had a series of army vs. police, Navy vs. police, EFCC vs. DSS, LASTMA vs. police and all forms of indiscipline on the streets by military and para-military personnel.

    Cyber-crimes are being tackled with serious government focus globally to protect individuals and institutions from criminals. We cannot understand how the NAF personnel tried to take laws into their hands by physically trying to confront the EFCC over a job that is exclusively the latter’s. The EFCC does not report to the NAF and as such they ought to respect their duties. If the NAF men have any complaints, they ought to channel same through the courts.

    Cyber-crimes are a major contemporary crime that affects all countries and corporate institutions, including the military. Why would the NAF not allow the agency empowered by the constitution to do their job, especially when the arrested victims are not even their personnel? This is an obvious display of the impunity in the larger society where most people with institutional power arrogate certain privileges to themselves. 

    The optics and larger import are very bad in a world inter-connected with technology.

    The actions of the NAF personnel are a clear case of the obstruction of justice which in its own is another crime that earns individuals prosecution. Institutions of state are supposed to be beacons to the citizens. Even when you feel aggrieved as an institution or individual by the actions of a government agency, physical confrontation is very wrong and illegal. Any complaints ought to be directed to the right government agency for the right adjudication processes. Storming the office of another government agency is a display of a warped sense of entitlement and show of force that rubbishes the rule of law. The NAF high command must address the issue comprehensively and warn their personnel to be more law abiding.

  • Impunity or inanity?

    Bisi Ilaka, chief of staff to Seyi Makinde, new governor of Oyo State, has made some rather serious allegations on a radio programme, to which Bolaji Tunji, special adviser on media to former Governor Abiola Ajimobi, has countered: Ilaka should provide concrete evidence and quit making wild allegations.

    “We have been in government for barely a week and a half,” Ilaka had said in response to a question. “But from what we have seen so far, the scale of larceny by the last government is unprecedented. Everybody knows that getting car is not the problem of the immediate past governor. Why did he take away government vehicles?”

    “It is not limited to him,” Ilaka further alleged. “His commissioners have gone away with vehicles, same as the heads of parastatals. There are no vehicles there and a lot of these cars were bought by the end of 2018 and early this year.”

    But before the live radio programme even ended, Tunji had fired a pointed challenge, via a text message, to Ilaka, to walk his talk with concrete evidence or shut up: “Let them list the names of people who made away with official vehicles. Everything done by the Ajimobi government was done legally.  Ajimobi insisted on following due process on sensitive matters. He [Ilaka] should get appropriate advice before saying what he does not have information about.”

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    Indeed, for political office holders, the transition period from one government to another appears the high season of inanity and banality; but inanity excused by a generally felt culture of impunity with public property. Both show how little regard, over the years, politicians have for themselves as a class; and even the contempt they seem to have for the people that honour them with public office. How else would you interpret the very suggestion of a former public office holder converting official cars to private use, after his official tour of duty had ended, and expect nothing would happen?

    The thing though, is that many – if not most – of these allegations are apocryphal, and not real. Otherwise, how come, with records from the past, most of the allegations – if not all – just fizzle out until the next season of banality: the next change of guard from one government to another?

    That is why the polity must not take Ilaka’s allegation lying low. Indeed, Ilaka himself must take seriously the Tunji challenge, and respond with facts and figures. In fact, with concrete evidence, the Oyo State government should approach the police, and seek to retrieve those vehicles; and thereafter, press charges. Luckily, the former governor doesn’t enjoy immunity again. It would be strange though, for a governor who was no pauper before assuming office, to just make away with government vehicles he really doesn’t need; or if he does, could afford.

    Still, Ilaka gave the impression that the theft was near-epidemic, allegedly involving not only the governor, but also commissioners and some former parastatal heads. Those are grave allegations that must not be allowed to fade out just like that.

    However, the omens appear not good.  It has been more than one week since that allegation was made; and since June 10 when it was reported in newspapers.  Yet, it doesn’t appear as if Ilaka is taking up Tunji’s challenge, to name names and proffer proof. There, therefore, appears a looming sense of déjà vu: after the initial thunder of accusations, the allegations are quietly forgotten, and everyone moves on! That would be playing reckless politics with hard-earned reputations.

    However this present case pans out, politicians must learn to respect their class; or at least respect the people on whose behalf they claim to enjoy power and its lollies. Transition from one government to another should be a time to focus on the enormity of service ahead; not to throw wild tantrums about an old order, particularly when not backed with proof.

  • Bayelsa aspirants dump PDP, lament imposition, impunity

    Two prominent Ijaw youth leaders from Bayelsa State yesterday dumped the Peoples Democratic Party (PDP) following the fallout of the party’s primary elections in the state.

    A former President of the Ijaw Youths Council (IYC) Worldwide, Udengs Eradiri and Bayelsa Youth Council ex-President Elvis Donkemezuo, who were aspirants in the elections, complained bitterly that the process was marred by irregularities and violence.

    Donkemezuo, immediately defected to the Young Democratic Party (YDP), to actualise his aspirations of representing Kolokuma-Opokuma Constituency 2 in the State House of Assembly.

    But Eradiri, who aspired to fly a PDP flag for the Yenagoa-Kolokuma-Opokuma Federal Constituency, in a press briefing in Yenagoa said he was still consulting with his supporters and family members to decide his political future.

    He described the Wednesday primary election in which a former Secretary of State Government (SSG), Steve Azaiki, was declared the winner, as a sham adding that thugs mobilized by state forces attacked delegates and shot at him.

    Eradiri lamented that delegates from 12 wards in his constituency were not allowed to vote saying he witnessed the highest level of intimidation despite promises of a free and fair election by the party.

    He said with his experience as an aspirant, the PDP leaders had learnt nothing from the lack of internal democracy and imposition of candidates that made them lose the 2015 general elections.

    He said: “I am dissatisfied with the way the primaries went, right from when ward congresses were conducted. The ward congress election did not hold. Names were wriiten, we protested but nothing was done about it.

    “At the primaries,  I saw the height of an undemocratic process. In fact 12 wards from my Federal Constituency were excluded. It was marred by violence. People were mobilized to violently attack our supporters and I was shot at.

    “Above all the principles of the true free and fair democratic process was not adhered to. It is not as if I wasn’t expecting this but I thought that as a party which came out of 2015 wounded as a result of lack of internal democracy and inposition of candidates probably leaders would have learnt some lessons.

    “The PDP is going into an election with an opposition and ruling party that has everything that it takes to win an election. We saw what happened in Ekiti and Osun states so the only way the PDP can make progress is by ensuring internal democratic process.

    “So, having considered all the factors surrounding it I have come to the conclusion that the PDP is not where I would be able to express myself. I am a young man with a lot of energy and drive to add value to the society.

    “I think that the agitation for justice in the Niger Delta must migrate from the streets to the table of political discus and that is when people who are knowledgeable find themselves in the law-making part of governance”.

    Eradiri said it was unfortunate PDP chose to treat him like an outcast despite his loyalty and contributions to the party.

    He said: “I have learnt the hard way. I want to formerly thank the leadership of the PDP and the leadership of the state for giving me the opportunity to learn the ropes of politics.

    “I want to formerly inform the world that today the 4th October 2018, l formerly exit the PDP. My letters will be ready and I will forward it to my ward through which it will be forwarded to the leadership of the council.

    “Going forward I am engaging in conversation with my supporters and I will communicate again to the world the next line of action”.

    On his part, Donkemezuo, who was received by the leaders of the YDP described the PDP as a wilderness and expressed happiness that the YDP had given him the light.

    “It was unfortunate what happened in the PDP. We have seen imposition of candidates. We have seen lack of internal democracy, violence, intimidation and impunity in the highest order.

    “My constituency was not allowed to vote in the National Assembly primaries. My ward chairman was beaten and stripped naked. Monies and phones were stolen and that is not the kind of ideals l have for politics.

    “Violence and intimidation does not conform to my principles in politics. It is part of these reasons l chose to pursue my ambition in other platform where there is decency”.

  • Ortom condemns impunity against journalists

    Benue State Governor Samuel Ortom has condemned acts on impunity against journalists and other people by security operatives, saying it was against the tenants of democracy.

    The governor spoke when members of the Nigeria Union of Journalists (NUJ) union staged a peaceful protest at the Benue People’s House in Makurdi.

    Ortom, who was represented by Secretary to the State Government, Prof. Tony Ijohor, was worried that security forces aided eight of the 30-member House of Assembly to serve impeachment notice, which is an act of impunity.

    He, however, promised his support to journalists to fight impunity, and also promised to deliver the letter to President Muhammadu Buhari for consideration.

    Leader of the protesters, who is the Acting Chairman of the NUJ, Comrade Kajo Martins, said members of the union nationwide are protesting the continued attacks on members in the course of collecting, processing and disseminating information.

  • Culture, impunity and politics

    We  live in a fast changing  world  and environment  and some events  and happenings   come so fast that we need  to nudge ourselves that we are not hallucinating. I   take on a few of such  unbelievable melo dramas and scenarios  today  and I am  sure you will  find them  not only fascinating  but   also  revealing about  the changes in our  world. The  events  I have picked  hover around the concepts in today’s headline and affect  our values, our  restraints and self control  as a  nation and a  people  and of course  our lack of  these simple virtues  too.

    At  an event  to mark  our Democracy Day the man  who  conducted  our  last  presidential  elections told an audience  made up richly of the results and products of  the   2015 elections   that  our National  Assembly  is made up of   bribe  taking Committees  Chairman and  federal  law makers who took  bribe with impunity  in the guise of  doing committee work. Prof Attahiru  Jega   former   INEC   Chairman  lamented and wondered what  the security  and investigative  authorities  were  doing  on the   matter.  The  following day   it was reported that the Senate  President  in the Senate  asked Prof  Jega   to  name the Committee  Chairmen  involved. That  reaction  from  the Senate  President  to me is a confirmation  that   a  culture of  corruption with impunity rules  the entire  Nigerian  political  system  and that is what Jega,  a professor of political science  was   trying  to point out at the  Democracy   Day  Lecture  titled ‘  Peace Building   and Good  Governance  for  Development  in  Nigeria. ‘

    I  have  not read  Jega’s  paper  but from  his observation  as well  as the reaction of   a  product  of   the election he   conducted  in  2015, he is not only  distancing the quality  of that election from its products  in the National  Assembly. He is also  saying that peace and sustainable development  in Nigeria are not possible under such a corrupt  political  culture which  thrives on the malfeseance  of  bribe  taking  by  legislators who  treat  such  deleterious behavior   with  levity      and   unworthy   of their attention   since    that  is their  political   norm  or  set  way  of life,  in making laws for Nigeria.

    Just  this week  a former  Minister  of  Finance  in  the last   Administration  Mrs   Ngozi   Okonjo  Iweala  revealed  at  a book  launch,  a huge amount  added  to the budget  for  legislators constituency  funding  before  the budget  for one year   could  be passed.  Yet   the legislators  in that legislature at that  time  have not found it appropriate  to  resign or  deny such financial misdemeanor. Which  also confirms the culture of corruption with impunity   as stated earlier.

    However,  as  a seasoned political scientist  and university trade unionist Prof Jega  cannot claim to be a novice on   the workings of the Nigerian presidential  system  and politics. Indeed  last  week  his former boss  the last president accused  him of irresponsibility  in wanting to go on with the   2015  presidential  elections  and assuring the security  chiefs that he could go on with the elections when  about 40%  of the electorate were  yet to  have voters  card,   which    would  have disenfranchised almost  half  of the electorate. That  was a true  accusation and I know because I was one of such potential  voters  in my area in Lagos state. That is a charge that the former  INEC  boss  must  live with  or explain forever.  In  addition  Jega  cannot  just  wonder  why  the investigative authorities   seem  powerless  in calling legislative bribe takers  to  order. The constitution has tied the  hands of the security  apparatus in making their leadership  confirmation  of appointment  a legislative   duty.  For  now the boss of the EFCC is  unconfirmed  because of  his role in   probing legislators  and the Inspector  General  of  Police has  been  proclaimed unfit  for office  because  he delegated a  function of appearing before  the Senate  which is his  legitimate  right.

    Anyway  since Jega  himself  is a professor  and the last  presidential election had professors  as INEC state Chairmen  I  want  to remind the former  INEC Chairman  of the highly  suspicious  demeanor of some of these   otherwise brilliant  egg  heads  on presenting their state  results before the INEC Chairman in the 2015 presidential  elections. Especially that of  Rivers  and Kano. The professor for  Rivers  was shivering  as if he stole something  and was being probed  by the INEC  boss.  The  Prof   for Kano  surprised  even  Jega when  he  answered  by    vigorously   shaking his head   in the affirmative,  Jega’s  incredulous  question  that there were  no spoilt  ballot  in the total  massive  votes  announced  for  Kano. Of  course  Jega  believed  that the university  system  have the best  brains but by now  he must  have known disciplinary   or   professional  excellence is not necessarily the best for counting of votes and the attendant honesty  and integrity  that go  with  it. That  should  have  been in his  Democracy  Day  lecture  which  I admit  I have not read.

    Let  me round off  with a story  from another university  environment  in the USA  to show that  a culture  of corruption  and  lack  of ethics  is not limited  to  the  Nigerian politicians and legislators.  In  the University  of Southern California [ USC ], Faculty  members  have signed a petition for the University president to resign  because  he did nothing to a University Gynaecologist  who  served for 30  years  and retired  in 2017  after messing up  with  female  students and patients in the University. The randy  gynaecologist  Dr George  Tyndall was accused of inappropriate   conduct  between  1990  and 2016  in the treatment of 52  women  who have  made  reports  to the police.

    Dr  Tyndall  was accused of doing pelvic examination without  gloves with his fingersand using racist and   in appropriate   sexual  language during consultations. He made comments  ‘about  patients bodies  and their sex lives and   the  tightness of their vaginal  muscles and touched  patients inappropriately during breast examinations’.  Appropriately  though the USC President  C L Max Nikias  stepped  down  this week  after  demonstrations by thousands of students and  alumni  signed a petition  asking for  his resignation.

    The  lesson  to learn in this  USC gyni  case  of  unethical  behavior  is that power  corrupts  and absolute  power  corrupts  absolutely and professors  and doctors who wield  technical  knowledge  and power  are not immune  to temptation to misuse  and abuse  their power  and the trust  of their  patients. What is important however is that those around them  should  be bold  to expose  their  excesses. In the USC  case  nurses  who stayed  with the randy  gynaecologist  were  said  to have looked away  when  innocent   and worried patients  smelt  a rat  in the way the doctor was using his fingers on them.  Such  nurses  are being summoned  by their professional  bodies  for  severe  breach  of ethics .  In  addition  the fact  that the University  president was asked  to resign  means that those  who  put him in power  have asked him   to  bear responsibility  for  playing  Nero  while  Rome burns in the  randy   gynaecologist’s    clinic  and examination room  for  30  years in USC. There may  such  Neros in our universities  and teaching hospitals  and   indeed   globally. It  is the duty of society  to show  them that  they  are not god  because of  their knowledge  and  must  obey  the ethics of their profession and the morals of  cultured  society.  Once again, long live the Federal Republic of Nigeria.

     

     

  • Stamp duty impunity

    Almost three years into the President Muhammadu Buhari administration, Nigeria continues to walk a fiscal tight rope. The punitive wages of economic recession from which the nation has only just fragilely emerged was partly the result of the horrific corruption of the preceding PDP years of the locust, which was compounded by the initial political inertia and policy lethargy of the emergent All Progressives Congress (APC) administration at the centre. Despite the Buhari administration’s substantial stanching of the massive haemorrhaging of public resources through its anti-corruption strategies as well as its herculean efforts to diversify the economy and enhance self-reliance, millions of Nigerians still remain in the stranglehold of mass immiseration.

    As the Federal Government has no choice but to intensify its quest for foreign loans in the face of its largely inherited fiscal crisis, the World Bank this week raised an alarm over the country’s rising external indebtedness along with other African countries. A majority of state governments owe several months of workers’ salaries, allowances and pensions and are unable to meet other obligations to the general public. The virtual paralysis of federal health institutions nationwide as a result of the ongoing strike action by aggrieved health workers over unmet demands illustrates the near state of emergency into which governance has been thrown in Nigeria due to severe financial denudation.

    Against this background, is it not utterly scandalous that about N20 trillion, being revenues from Stamp Duties which ought to have been long paid into the Federation Account for onward disbursement to the federal and state governments, continue to be illegally withheld by the requisite financial institutions and authorities that ought to know better? It is significant that the creative professional and financial engineering ingenuity that led to the generation of this fund is that of Nigerians and not any foreign experts. Specifically, the credit goes to the School of Banking Honours (SBH), an Innovative Enterprise Institution (IEI) and monotechnic registered under Nigerian law to research into banking operations and collaborate with banks and government on banking matters.

    On September 11, last year, this newspaper published an exhaustive investigative story by the Group Business Editor, Simeon Ebulu, detailing how the government and people of Nigeria had for several years been denied the opportunity of benefiting from the humongous funds reaped through stamp duties from the banking public but shrouded in suspicious bureaucratic secrecy. In the report, the SBH’s Managing Director/Chief Executive Officer, Mr. Tola Adekoya, disclosed how, in pursuit of its mandate, the institution’s Job Creation and Research Department discovered that the country was losing gargantuan amounts of revenue, which ought to accrue to the Federation Account, as a result of the non-enforcement of relevant provisions of extant Stamp Duty laws as well as the Federal Government Financial Regulations (2009).

    To plug this loophole and correct the anomaly, the SBH approached the Nigerian Postal Services (NIPOST) on 20th April, 2012, and intimated the latter of an unexploited opportunity in the Stamp Duties Act, 2004, to increase its internally generated revenue by affixing adhesive stamp on banking receipts as provided for in the law. On the basis of this initiative, the SBH entered into a Masters Services Agreement with NIPOST on September 14, 2012, to help facilitate the collection of Stamp Duties on banking receipts in compliance with the Stamp Duty Act, 2004. Armed with the Masters Services Agreement with NIPOST, the SBH approached the Central Bank of Nigeria (CBN) for authorization to engage Deposit Money Banks (DMBs) and other qualified institutions as collecting agents in the stamping and remittance of legally stipulated stamp duties. The CBN gave the required approval on December 3, 2012. And on October 15, 2015, the Nigerian Copyright Commission (NCC) issued the SBH a Copyright Certificate (No. LW1023) affirming its copyright ownership of the initiative on stamp duty collection.

    Before the initiative of the SBH, stamp duty on all Cheques with a value above N500,000 had been paid to the Nigeria Inter-Bank Settlement System (NIBSS) since 1993 with the revenue allegedly not remitted to the Federation Account over the years as required by law. With the intervention of the SBH, however, the scope of the Stamp Duty was vastly expanded to encompass N50 per banking transaction covering manual and e-transfers from N1000 and above. The mandatory stamp duty payment was also extended to cover Local e-transfers, international transfers, internet-banking, ATMs, Point of Sale and e-mobile all covered under the CBN Act, 1991, but inexplicably overlooked until the lapse was pointed out by the SBH.

    Apparently exhausting its patience after waiting for three years with no stamp duty revenue reportedly remitted to the Federation Account and its legal entitlement on the project not met, the SBH issued a Demand Notice to the NIBSS dated 10th March, 2015, entitled ‘Stamp Duty on Electronic Receipts (2013-2014)’ alleging that the sum of N7.719 trillion accruing from stamp duty on electronic cashless transfer between 2013 and 2014 had been illegally kept with the NIBSS rather being transferred to the Federation Account for the benefit of the federal and state governments. According to the SBH, the over N7 trillion in question represents an average of N160 billion realized daily from the specified banking transactions in only five states in 2013 and 2014.

    The institution estimates that when account is taken of the amount that has inevitably accrued on stamp duty over an additional three-year period (2014-2017), the unremitted revenue to the Federation Account stands at about N20 trillion. This implies that the 36 states will be entitled to no less than N200 billion each from the first tranche of the inexplicably withheld revenue.

    In an editorial on the issue published in its 18th September, 2017, edition, this newspaper wrote: “For a country just getting out of the throes of recession and needing every kobo it can get to accelerate the rate of economic recovery and further growth, the SBH’s allegations are too serious to ignore. The appropriate authorities must urgently look into the issue with a view to unearthing the truth and recovering any due amount into the Federation Account if the SBH’s claims are found to be credible”. And true to his anti-corruption credentials, President Buhari reportedly authorized that the issues in contention be investigated and the verified facts made available to him expeditiously.

    It was certainly on this basis that the presidency on 12th October, 2017, approved the retention of the SBH in partnership with Messrs. International Investment Law & Arbitration LLC as the legal Stamp Duties recovery Agent/Consultant with a mandate to “recover over N20 trillion from Nigerian Inter Bank Settlement System (NIBSS) to the Federation Account in line with your patent right now in force”. While the Presidency assured the SBH that “the Federal Government will provide you and your partner (International Investment Law & Arbitration LLC) with adequate security during the assignment”, it however stated that “your consultancy fee is 7.5% of the total amount recovered as against 20% earlier agreed in the Master Services Agreement with the Nigerian Postal Service (NIPOST)”.

    And obviously to underscore its seriousness on the matter, the Presidency followed up with a written directive to the Central Bank Governor on 19th October, 2017, stating the official role of SBH and International Investment Law & Arbitration LLC in the recovery of “the sum of N20.0 trillion Stamp Duty through the Nigeria Inter-Bank Settlement System Plc. (NIBSS)” and stressing that “The Consultants will introduce a sustainable template to meet the CBN directive of 3rd December, 2012, for Messrs. School of Banking Honours to sweep Stamp Duty accruing from banks and other financial institutions into Government coffers, as patented under the Law”. The apex bank was further mandated to “direct the Management of NIBSS, Banks and other Financial Institutions to cooperate with the Consultants to access all records relevant to the success of the assignment”.

    Despite the unequivocal presidential directive, the SBH claims it has met a brick wall in its efforts to commence work on its mandate particularly from the NIBSS. While the SBH met with legal representatives of the CBN on February 1st, 2018, its meeting with the NIBSS scheduled for 5th February, 2018, was reportedly aborted with the latter claiming to be still awaiting a directive from the CBN on the issue. As millions of Nigerians continue to wallow in ever deepening poverty, it is unconscionable to allow N20 trillion that ought to be paid into the Federation Account to ameliorate the plight of the people to continue to lie idle for no apparent just cause.

    If the NIBSS has alternative facts to render the claims of the SBH nugatory, it should make them available for the consideration of the presidency. To continue to stonewall as the NIBSS seems to be doing in the face of the SBH’s legal claims and the clear position of the presidency is an act of intolerable impunity.

  • Senate vs Senator Omo-Agege: The deepening of impunity

    The recent suspension of Senator Ovie Omo-Agege reignites the debate as to whether the upper house of the National Assembly has the power to oust a duly elected lawmaker from his seat. In this report, Jide Babalola, examines whether the Senate in descending into a reign of impunity.

    FOR the Buhari administration, the All Progressives Congress (APC) and even the entire nation, the Senate presents countless sad epochal ironies.

    Top of the list is the ruling party promising change and the APC-dominated Senate confronting ‘change’.

    It started with a confounding disregard of party leaders on whose back many had an easy ride into the Red Chambers of the National Assembly. In subsequent moves, the Senate resorted to both sly and obvious steps to dare the party’s founding fathers, show contempt for their much-touted progressive principles and even, the Presidency with which an APC-dominated Senate was supposed to run a well-calibrated agenda for governance.

    In spite of rationalizations being advanced from various sources, citizens find it extremely perplexing that for one reason after the other, the May 29 third anniversary of this administration is approaching without much wisdom for resolving the challenge  of undue delay in the  passage of the annual national budget. The Senate has indeed made itself ‘busy’ on diverse issues.

    The story of how the APC-dominated Senate leadership launched straight away  into  horse-trading with  the Peoples Democratic Party, which it uses to maintain a hold today is too well known. Nonetheless, the known and unpublicized continuous accretion of mischief by the Senate’s leadership appears to be beyond most citizens’ comprehension.

    Senate President Bukola Saraki  and his deputy,Ike Ekweremadu, have been having puzzling and rather unbecoming encounters in the courts. In April last year, a civil society organisation – Citizens United for Peace and Stability (CUPS) – staged a peaceful rally to demand the immediate resignation of the Senate President over the myriad of corruption cases preferred against him.

    Those who sacrifice all and fought for the restoration of democracy in Nigeria must be extremely appalled that the nation’s highest legislative body is yet to grasp all the fine ethos of representative governance.

    Although it tends to accuse the executive arm of lawlessness, the Senate under Saraki appears to be much more lawless and irresponsible. Critics are quick to remember its  fiat order that  the  pro-Buhari group in the Senate  should disband following the suspension of Senator Omo-Agege from the chambers.

    The pro-Buhari group comprises the likes of Alhaji Abdullahi Adamu and Agege.

    The existence of such intra-parliamentary groupings is not strange to democracy.In deed they  make for even more robust debates and healthy democracy.

    Several of such groups,notably the Congressional Black Caucus, have thrived in the US Congress for decades and are even getting stronger, organizing around manifestos, development agenda, candidates and other sundry priorities.

    It is intriguing how anyone  who rode into power with the backing of  such groupings will turn round to deem any such group illegal.

    The view is canvassed in some quarters that Buhari was the ultimate target of the Senate suspension of Omo-Agege.

    For instance, Senator  Saraki said the ‘suspension’ was a ‘sanction’ against Senator Omo-Agege for associating with about 60 other serving senators as a frontline member and the Secretary of the Parliamentary Support Group (PSG) for President Muhammadu Buhari. Omo-Agege was also accused of holding and expressing a dissenting opinion on a contentious amendment to Section 25 of the Electoral Act, 2010 regarding election sequence to the extent that, “there is a perception out there that the amendment is targeted at Mr. President (Buhari)” – a perception repeatedly confirmed by many authoritative sources, as the Senate President put it.

    Thirdly, the embattled Senator was found guilty of seeking proper legal interpretation of certain areas of the 1999 Constitution in the court of law!

    Unfortunately, none of what the Warri North Senator is being accused of, constitutes any civil or criminal offence in Nigeria and it clear by reasoning that a Senator cannot be ‘sanctioned’ by suspension/removal from his seat by any authority because he committed  any of these ‘sins’. Indeed, they are all within the scope of fundamental rights expressly guaranteed by the Constitution. Sections 39 (1), 40 of the 1999 Constitution obviously affirm this.

    The removal or suspension of a duly elected Senator cannot be subjected to anyone’s whims and caprices. Sections 68 and 69 of the 1999 Constitution exhaustively state how a lawmaker may vacate his seat. This can only be done by death, resignation or recall of the Senator by registered voters or electors in his electoral constituency; or in case of defection from the party platform on which he was elected (without a division in that party).

    In addition, a court or tribunal of competent jurisdiction may remove a legislator.

    Is it legally possible or impossible to suspend a Senator? The answer is yes but it has to be in clear accordance with constitutional provisions.  Under Section 21 of the Legislative Houses (Powers and Privileges) Act, 2018, a member of a Legislative House may be suspended but such a suspension is limited to 48 hours.

    Even by Order 67(4) of the Senates Standing Orders, 2015, a Senator cannot be suspended for more than 14 days.

    However, these provisions of the Act/Standing Orders are inconsistent with the Constitution and therefore invalid.

    Even with an assumption that they are valid; the Senate still lacks the power to suspend a Senator for more than 14 days.

    The 8th Senate of which Senator Saraki is President ought to be on familiar grounds on this matter. The fact that the Senate has no power to suspend a member at all is well settled in the case of Ali Ndume v Senate. It was also reflected in a case lost by the Bauchi State House of Assembly that had suspended Hon. Danna. There is  also the Usman v. Kaduna State House of Assembly case as well as that of Hon. Melaye v. House of Representatives.

    By the legal principle of judgment, the decisions in these cases are binding on the Senate and it may be deemed to be acting in breach of the law, to the point of gross impunity.

    A related matter was Senator Omo-Agege’s attendance of the Senate sitting of Wednesday, April 18, 2018 to represent his constituents. With the suspension being unlawful, it can be logically argued that he was within his constitutional right and lawful boundary to be present in the Senate chamber for the conduct of his legal and democratically-assigned senatorial duties.

    What makes the unfolding scenario in the Senate even more baffling is the presence of lawyers, including at least one or two Senior Advocates of Nigeria among them. If Omo-Agege’s membership of a pro-Buhari group in the Senate is wrong, what of Senator Saraki who became Senate President through the machinations of a group.

    However, the recalcitrance in the Senate is becoming even more pronounced. When Senator Ali Ndume won his case, the court ordered that payment of his arrears must be made in full but has Ndume been paid as directed by the court?

    All these give rise to very troubling questions. Is Saraki running the Senate as a despot, tyrant or a democrat, considering the errant abuse of the laws of the land? Is there a hidden agenda to outflank President Buhari, weaken the government and break out of the ruling party towards strengthening another platform as the 2019 elections draw nearer?

    Only the Senate President and a few of his trusted ones have answers to some of the questions that agitate the minds of ordinary citizens.

    As the Latino-American writer, Isabel Allende wrote: “What I fear most is power with impunity. I fear abuse of power, and the power to abuse.”

    Abuse of power and impunity makes Nigerian citizens feel helpless as elected officials turn their positions into inglorious fiefdoms. It is even more disappointing and shocking that all these are unfolding under the era of change where citizens had expected a united and common front of progressive forces against the forces of retrogression that have continued to hold back genuine change and development. Certainly, not all those who currently benefit from the mass ‘blind’ support for APC will benefit from riding on the back of someone else during the 2019 elections.

  • Stamp duty impunity

    Almost three years into the President Muhammadu Buhari administration, Nigeria continues to walk a fiscal tight rope. The punitive wages of economic recession from which the nation has only just fragilely emerged was partly the result of the horrific corruption of the preceding PDP years of the locust, which was compounded by the initial political inertia and policy lethargy of the emergent All Progressives Congress (APC) administration at the centre. Despite the Buhari administration’s substantial stanching of the massive haemorrhaging of public resources through its anti-corruption strategies as well as its herculean efforts to diversify the economy and enhance self-reliance, millions of Nigerians still remain in the stranglehold of mass immiseration.

    As the Federal Government has no choice but to intensify its quest for foreign loans in the face of its largely inherited fiscal crisis, the World Bank this week raised an alarm over the country’s rising external indebtedness along with other African countries. A majority of state governments owe several months of workers’ salaries, allowances and pensions and are unable to meet other obligations to the general public. The virtual paralysis of federal health institutions nationwide as a result of the ongoing strike action by aggrieved health workers over unmet demands illustrates the near state of emergency into which governance has been thrown in Nigeria due to severe financial denudation.

    Against this background, is it not utterly scandalous that about N20 trillion, being revenues from Stamp Duties which ought to have been long paid into the Federation Account for onward disbursement to the federal and state governments, continue to be illegally withheld by the requisite financial institutions and authorities that ought to know better? It is significant that the creative professional and financial engineering ingenuity that led to the generation of this fund is that of Nigerians and not any foreign experts. Specifically, the credit goes to the School of Banking Honours (SBH), an Innovative Enterprise Institution (IEI) and monotechnic registered under Nigerian law to research into banking operations and collaborate with banks and government on banking matters.

    On September 11, last year, this newspaper published an exhaustive investigative story by the Group Business Editor, Simeon Ebulu, detailing how the government and people of Nigeria had for several years been denied the opportunity of benefiting from the humongous funds reaped through stamp duties from the banking public but shrouded in suspicious bureaucratic secrecy. In the report, the SBH’s Managing Director/Chief Executive Officer, Mr. Tola Adekoya, disclosed how, in pursuit of its mandate, the institution’s Job Creation and Research Department discovered that the country was losing gargantuan amounts of revenue, which ought to accrue to the Federation Account, as a result of the non-enforcement of relevant provisions of extant Stamp Duty laws as well as the Federal Government Financial Regulations (2009).

    To plug this loophole and correct the anomaly, the SBH approached the Nigerian Postal Services (NIPOST) on 20th April, 2012, and intimated the latter of an unexploited opportunity in the Stamp Duties Act, 2004, to increase its internally generated revenue by affixing adhesive stamp on banking receipts as provided for in the law. On the basis of this initiative, the SBH entered into a Masters Services Agreement with NIPOST on September 14, 2012, to help facilitate the collection of Stamp Duties on banking receipts in compliance with the Stamp Duty Act, 2004. Armed with the Masters Services Agreement with NIPOST, the SBH approached the Central Bank of Nigeria (CBN) for authorization to engage Deposit Money Banks (DMBs) and other qualified institutions as collecting agents in the stamping and remittance of legally stipulated stamp duties. The CBN gave the required approval on December 3, 2012. And on October 15, 2015, the Nigerian Copyright Commission (NCC) issued the SBH a Copyright Certificate (No. LW1023) affirming its copyright ownership of the initiative on stamp duty collection.

    Before the initiative of the SBH, stamp duty on all Cheques with a value above N500,000 had been paid to the Nigeria Inter-Bank Settlement System (NIBSS) since 1993 with the revenue allegedly not remitted to the Federation Account over the years as required by law. With the intervention of the SBH, however, the scope of the Stamp Duty was vastly expanded to encompass N50 per banking transaction covering manual and e-transfers from N1000 and above. The mandatory stamp duty payment was also extended to cover Local e-transfers, international transfers, internet-banking, ATMs, Point of Sale and e-mobile all covered under the CBN Act, 1991, but inexplicably overlooked until the lapse was pointed out by the SBH.

    Apparently exhausting its patience after waiting for three years with no stamp duty revenue reportedly remitted to the Federation Account and its legal entitlement on the project not met, the SBH issued a Demand Notice to the NIBSS dated 10th March, 2015, entitled ‘Stamp Duty on Electronic Receipts (2013-2014)’ alleging that the sum of N7.719 trillion accruing from stamp duty on electronic cashless transfer between 2013 and 2014 had been illegally kept with the NIBSS rather being transferred to the Federation Account for the benefit of the federal and state governments. According to the SBH, the over N7 trillion in question represents an average of N160 billion realized daily from the specified banking transactions in only five states in 2013 and 2014.

    The institution estimates that when account is taken of the amount that has inevitably accrued on stamp duty over an additional three-year period (2014-2017), the unremitted revenue to the Federation Account stands at about N20 trillion. This implies that the 36 states will be entitled to no less than N200 billion each from the first tranche of the inexplicably withheld revenue.

    In an editorial on the issue published in its 18th September, 2017, edition, this newspaper wrote: “For a country just getting out of the throes of recession and needing every kobo it can get to accelerate the rate of economic recovery and further growth, the SBH’s allegations are too serious to ignore. The appropriate authorities must urgently look into the issue with a view to unearthing the truth and recovering any due amount into the Federation Account if the SBH’s claims are found to be credible”. And true to his anti-corruption credentials, President Buhari reportedly authorized that the issues in contention be investigated and the verified facts made available to him expeditiously.

    It was certainly on this basis that the presidency on 12th October, 2017, approved the retention of the SBH in partnership with Messrs. International Investment Law & Arbitration LLC as the legal Stamp Duties recovery Agent/Consultant with a mandate to “recover over N20 trillion from Nigerian Inter Bank Settlement System (NIBSS) to the Federation Account in line with your patent right now in force”. While the Presidency assured the SBH that “the Federal Government will provide you and your partner (International Investment Law & Arbitration LLC) with adequate security during the assignment”, it however stated that “your consultancy fee is 7.5% of the total amount recovered as against 20% earlier agreed in the Master Services Agreement with the Nigerian Postal Service (NIPOST)”.

    And obviously to underscore its seriousness on the matter, the Presidency followed up with a written directive to the Central Bank Governor on 19th October, 2017, stating the official role of SBH and International Investment Law & Arbitration LLC in the recovery of “the sum of N20.0 trillion Stamp Duty through the Nigeria Inter-Bank Settlement System Plc. (NIBSS)” and stressing that “The Consultants will introduce a sustainable template to meet the CBN directive of 3rd December, 2012, for Messrs. School of Banking Honours to sweep Stamp Duty accruing from banks and other financial institutions into Government coffers, as patented under the Law”. The apex bank was further mandated to “direct the Management of NIBSS, Banks and other Financial Institutions to cooperate with the Consultants to access all records relevant to the success of the assignment”.

    Despite the unequivocal presidential directive, the SBH claims it has met a brick wall in its efforts to commence work on its mandate particularly from the NIBSS. While the SBH met with legal representatives of the CBN on February 1st, 2018, its meeting with the NIBSS scheduled for 5th February, 2018, was reportedly aborted with the latter claiming to be still awaiting a directive from the CBN on the issue. As millions of Nigerians continue to wallow in ever deepening poverty, it is unconscionable to allow N20 trillion that ought to be paid into the Federation Account to ameliorate the plight of the people to continue to lie idle for no apparent just cause.

    If the NIBSS has alternative facts to render the claims of the SBH nugatory, it should make them available for the consideration of the presidency. To continue to stonewall as the NIBSS seems to be doing in the face of the SBH’s legal claims and the clear position of the presidency is an act of intolerable impunity.

  • Ekiti 2018: No imposition, impunity, PDP pledges

    THE National Working Committee (NWC) of Peoples Democratic Party (PDP) said yesterday there would be no imposition of candidate or display of impunity in its primary election for Ekiti State governorship race. National Organising Secretary of the party, Colonel Austin Akobundu (retd), made the pledge while receiving Nomination and Expression of Interest Forms from two aspirants to the governorship seat at the party’s National Secretariat, Abuja, yesterday. The aspirants are a former deputy governor of the state, Senator Abiodun Olujimi and Professor Kolapo Olusola, incumbent deputy governor of the state. Akubundu said the party’s primary poll scheduled for May 8, would be free, fair and credible. He said that the mandate given to the NWC was sacred and that it would be demonstrated in the conduct of the primary.

    His words:“I want to assure you that there will not be imposition of candidate or impunity. We will respect the wish, expectations and aspirations of the people as one of the mandates given to us is to do what is right. “The guideline of the party has stipulated the process to follow; we will follow it. “I assure you that the primary will be free, fair and credible in Ekiti, which is the first state we are going to conduct it.” The organising secretary asked the aspirants and their supporters to play by the rule so that whoever emerged would be supported. Akubundu told Olujimi, a female lawmaker representing Ekiti Central at the Senate, that PDP would give equal opportunity to all aspirants, including women, saying that PDP was a gender- friendly family.

    “This is why we feel exited whenever we see any woman contesting in any election,” he said. Speaking to newsmen, shortly after submitting his form, Olusola appealed that Gov. Ayo Fayose should not be crucified for supporting him, saying “he is my mentor and leader. “It is not just human backing; I also have God’s backing.” Olusola denied knowledge of any governorship aspirant in the state being harassed or intimidated, saying that he would not be part of any process of the primary that would not be free and fair. The deputy governor, who expressed optimism that he would win the primary, however, pledged to support any other aspirant who emerged at the primary.

    He promised to diversify the state’s economy, adding that he would encourage investors to come to the state. On her part, Olujimi said that as the only woman among the four aspirants who had indicated interest in the race, she would win the primary “if it is free and fair’’. Olujimi said that she had been involved in Ekiti politics and programmes over the years. She said that she had used her positions as Commissioner for Works, House of Representatives members and now senator, to influence the execution of many projects in the state. These projects, according to her, include construction of drainages, roads, provision of over 124 solar power boreholes and electrification of communities as well as empowerment programme.