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Tag: legislative

  • Southwest and impact of effective legislative governance

    Southwest and impact of effective legislative governance

    Senate Majority Leader and Leader of the South West Caucus in the National Assembly Opeyemi Bamidele spoke on the achievements of the lawmakers at the Southwest All Progressives Congress (APC) Legislative and Executive Leaders Meeting in Lagos

    It is with great pleasure and a deep sense of duty that I deliver these remarks on behalf of the South West APC Caucus in the National Assembly.

    This gathering today is not just symbolic because it marks the first time we are all meeting after the inauguration of President Bola Ahmed Tinubu, our State Governors, and the 10th National and State Assemblies. It is significant because we are sitting together under one roof, unified in purpose, after the emergence of a President whose vision and leadership gave birth to the APC—a party founded on progressive ideals, many of which have their roots in the South West.

    On behalf of the South West Caucus in the National Assembly, I warmly welcome you all to this important meeting. We are gathered to reflect on our achievements, renew our commitment to the South West and Nigeria at large, and collectively strategize for the future.

    Achievements of the South West APC Caucus in the 10th Assembly

    Since the inauguration of the 10th National Assembly on June 13, 2023, the South West Caucus has been a formidable force, contributing significantly to the progress of our legislative duties. Out of the 18 Senators from the South West, 15 are from the APC, making our zone the largest single bloc of APC Senators in the Senate. This has given us considerable influence, and we have used it effectively for the good of our people.

    First and foremost, we aligned ourselves with the party’s leadership, ensuring that the leadership structure of the Senate and House of Representatives was in line with the dictates of our great party. I must commend all members of the South West Caucus for their steadfastness during this process. Your unity ensured that we did not lose out in the leadership dynamics of the 10th Assembly.

    Moreover, we have stood firmly with the leadership of the National Assembly, especially when plots were being hatched to bring the leadership to disrepute. We remained united behind the Senate President, Godswill Akpabio, and his Deputy, Jubrin Barau, even when there were unfounded allegations of budget padding. The South West Caucus remains a stabilizing force in the Senate.

    Secondly, our zone has also received fair recognition in the leadership of the Senate. I am honoured to serve as the Senate Leader, while in the House of Representatives, we occupy the Chief Whip’s seat and other high-ranking positions. This extends to key committee leadership roles, which further amplifies our influence in national decision-making.

    One of the major achievements of our Caucus is the successful passage of the South West Development Commission Bill. This was not just a necessity but a matter of equity, as other regions have similar commissions in place. I want to particularly appreciate every member of the South West National Assembly, regardless of party affiliation, for working together to ensure this bill’s passage in the Senate. We now await concurrence from the House of Representatives.

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    We recognize that our success is not limited to members of the APC alone. Our colleagues from other political parties have been just as committed to the success of our region. This bill, and many others, remind us that when it comes to the development of our people, there is no room for division. We must continue to work together to achieve more.

    The South West Caucus has remained committed to President Tinubu’s reform agenda, particularly in the areas of security and economic recovery. We gave expeditious attention to the screening of the President’s nominees for various political positions, demonstrating our collective desire for the quick implementation of his transformative policies. We will continue to support his reforms as he steers the country towards prosperity and stability.

    As we celebrate our achievements, it is clear that we must meet more regularly. This gathering should not be a one-off; I recommend that we institutionalize this platform for regular interaction between APC stakeholders at both the legislative and executive levels. Such meetings will strengthen our unity and help us align our goals for the good of the region and the country.

    Additionally, I must commend the cordial relationship between our Governors and the National Assembly members from the South West. This cooperation is key to the success of our shared agenda for development. Let us continue to foster this relationship and work together for the greater good.

    In closing, I pledge the continued support of the South West APC Caucus to President Bola Tinubu’s reform agenda. We will work tirelessly to support him and our party at all levels, ensuring that we leave a legacy of growth, peace, and progress in Nigeria. Let us remain steadfast and united as we build on the foundation laid by our predecessors and chart a path of continued success for our people and future generations.

    May we continue to be guided by our collective vision for a greater Nigeria.

  • Wanted: legislative, judicial overhaul of insolvency process

    Wanted: legislative, judicial overhaul of insolvency process

    In light of Nigeria’s economic difficulties, stakeholders have raised urgent concerns about the country’s insolvency and business recovery processes, advocating for more effective regulatory structures and judicial approaches. Anne Agbi reports.

    In the face of Nigeria’s ongoing economic challenges, concerns about the country’s insolvency and business recovery processes have intensified.

    This was a central theme at the 2024 Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) annual international conference, which convened key figures from the legal, financial, and business sectors to deliberate on strategies for strengthening Nigeria’s insolvency framework.

    The conference, with the theme: “Restructuring and Insolvency in times of Economic Challenges” was held at the MUSON Centre, Onikan, Lagos.

    With a focus on legislative reforms, judicial expertise, and alternative dispute resolution (ADR), the event underscored the urgent need for more efficient regulatory structures to support business recovery and foster economic stability.

    Justice Simon Amobeda of the Federal High Court underscored the necessity of legislative reforms to modernise Nigeria’s insolvency framework, emphasising the role of the judiciary in driving these processes.

    In his presentation, Strategies for Fostering Judicial Expertise in Insolvency and Restructuring, Justice Amobeda argued that as the complexity of financial systems and corporate entities increases, the judiciary must be equipped with modern tools to manage restructuring cases more efficiently.

    “Legislative reforms that modernise insolvency frameworks can empower the judiciary to manage restructuring processes more effectively.”

    He lamented several challenges impeding the insolvency process in Nigeria, including limited judicial expertise, procedural delays, the absence of specialised insolvency courts, and difficulties in handling cross-border insolvency cases.

    Cross-border insolvency: a growing necessity

    Also, emphasis was on  the need for Nigeria to strengthen its approach to cross-border insolvency.

    Senior Advocate of Nigeria, Babatunde Ogala, noted that while Nigeria has yet to adopt the UNCITRAL Model Law on cross-border insolvency, this was becoming increasingly crucial as more Nigerian businesses expanded beyond national borders.

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    He said: “Our economy is evolving, and our businesses are becoming regional. But I dare say, we have not reached that stage of playing on the global arena.”

    He added that while some Nigerian businesses operate across borders, concerns over political dominance and legal complexities have slowed the implementation of cross-border insolvency laws in Nigeria and other developing countries.

    Ogala also pointed out the critical role of the Companies and Allied Matters Act (CAMA) 2020 in regulating insolvency in Nigeria. “Today, in Nigeria, CAMA and to some extent, the Bankruptcy Act, are the key statutes regulating insolvency practice.

    “CAMA introduced important reforms like Company Voluntary Arrangements (CVA) and Company Administration (CA) to improve business recovery, yet the adoption of these processes has been slow.”

    He also highlighted that CAMA recognises BRIPAN as a regulatory body for insolvency practitioners while empowering the Corporate Affairs Commission (CAC) to license them.

    In addressing cross-border insolvency, Ogala noted, “There’s a lot of talk about the UNCITRAL Model Law, which is meant to facilitate insolvency practice beyond borders, without barriers, but it hasn’t been domesticated in Nigeria.” He added that only a limited number of Nigerian businesses engage in cross-border activities, and even those are largely confined to regional rather than global operations.

    “How many Nigerian businesses can you really say are doing cross-border businesses? Most are still restricted to regional, not international, markets,” Ogala remarked.

    He further explained the challenges of opening up to international insolvency frameworks, saying, “By the time you open up to the West, they will swarm us. We know it, and that’s part of the reason why we’re cautious.”

    Ogala concluded by acknowledging the ongoing evolution of Nigeria’s business environment but noted that there is still much work to be done before Nigerian companies can truly compete on a global scale.

    Senior Partner at Punuka Attorneys and Solicitors, Dr. Anthony Idigbe (SAN), who shared this sentiment, advocated for BRIPAN to achieve chartered status and urged practitioners to deepen their knowledge and collaboration in handling cross-border cases.

    He raised concerns about Nigeria’s preparedness to handle cross-border insolvency practices amidst the nation’s growing business environment,  he emphasised the urgency for Nigeria to develop a framework that supports cross-border transactions, especially as Nigerian businesses continue to expand globally.

    “The issue of cross-border insolvency is pressing because Nigerian businesses are booming, and as they expand globally, we must be prepared to handle the complexities that come with cross-border transactions and proceedings,” Idigbe said.

    He pointed out that despite the progress made with the Companies and Allied Matters Act (CAMA) 2020, there remains a significant gap due to Nigeria’s failure to adopt the UNCITRAL Model Law on Cross-Border Insolvency.

    “While CAMA 2020 represents a major leap in developing Nigeria’s insolvency regime, the absence of the Model Law on Cross-Border Insolvency is a challenge. Having this law in place, even though it’s not reciprocal, would enhance Nigeria’s business climate and create opportunities for practitioners to obtain relief across borders,” Idigbe explained.

    He stressed that the inclusion of this model law would facilitate cross-border proceedings and provide better protection for businesses with international dealings.

    Idigbe also discussed the recognition of BRIPAN (Business Recovery and Insolvency Practitioners Association of Nigeria) under CAMA 2020 but highlighted that the organisation is yet to achieve chartered status.

    “Although BRIPAN is recognised under CAMA 2020, it still needs to work towards achieving chartered status. Nigerian companies are going global, and when they face insolvency crises, the main proceedings are likely to be based in Nigeria,” he added, emphasising the importance of having Nigerian practitioners who can operate across borders in insolvency matters.

    With the growth of Nigeria’s financial sector, Idigbe noted that it is vital for Nigeria to develop the expertise required to manage insolvency cases for businesses with international operations.

    “The financial sector is strengthening, and it is likely to fund the global expansion of Nigerian companies. Therefore, insolvency proceedings will increasingly be held in Nigeria, and we must ensure that our practitioners are equipped to handle these cases,” he said.

    Idigbe praised BRIPAN’s efforts in professionalising the insolvency practice in Nigeria through training programmes, fellowship opportunities, and its annual international conferences.

    He urged the organisation to continue in this direction and seek legislation to become chartered. “BRIPAN’s ongoing work in professional development is commendable, and I encourage them to continue their efforts while pursuing legislation that will grant them chartered status,” he concluded.

    Promoting Alternative Dispute Resolution (ADR)

    Speaking on the topic, “Promoting Alternative Dispute Resolution (ADR) to resolve issues outside of court”, Managing Solicitor, Trizon Law Chambers, Foluke Akinmoladun said in today’s complex legal and financial landscape, lawyers are essential facilitators of debt dispute resolution through mediation and arbitration.

    “They provide invaluable expertise, guide their clients through ADR processes, and ensure that settlements and awards are legally sound and enforceable. By leveraging these alternatives to litigation, lawyers help preserve relationships, reduce costs, and achieve timely and fair resolutions,” she said.

    Corporate Affairs Commission’s Perspective

    Hussaini Magaji, Registrar General of the Corporate Affairs Commission (CAC), highlighted the critical role of the Companies and Allied Matters Act (CAMA) 2020 in transforming insolvency practice in Nigeria.

    Represented by his Special Assistant, Terver Ayua-Jor, Magaji outlined the provisions of CAMA 2020, which introduced three new major insolvency processes: Company Voluntary Arrangements (CVA), Company Administration (CA), and Netting.

    According to him, the utilitarian value of the concept of business recovery was more compelling now than in other times.

    He stated that changes in approach and in legal framework came with the promulgation of the Companies and Allied Matters Act (CAMA) No.3 of 2020 Sections 434 –549 and 718 – 727.

    Magaji said the Act introduced three new major insolvency processes which are; Company Voluntary Arrangement (CVA), Company Administration (CA) and Netting.

    He added that the Act in section 705 (1) (d) recognised BRIPAN as one of the professional associations entitled to be given automatic authorisation to practice as insolvency practitioners by the commission.

    Magaji said that in addition to the development of a framework for accreditation of insolvency practitioners, the commission issued insolvency regulations 2022 to drive the new framework.

    The CAC registrar, however, noted that the current legal and administrative reforms had not translated into quantum leap in business recovery processes.

    He said that in spite of the available legal reforms, less than 10 CVA & CA applications had been filed in the last three years of the issuance of insolvency regulation, while stating that there are still more filings of the traditional processes of liquidations and receiverships.

    Despite these legal reforms, Magaji noted that uptake of these processes had been slow, with less than 10 CVA and CA applications filed in the last three years.

    “The current legal and administrative reforms have not yet translated into a significant leap in business recovery processes,” Magaji lamented, noting that traditional processes like liquidation and receivership remained dominant.

    Focus on tax and compliance

    Ugochi Ndebbio, Associate Director at PwC Nigeria, touched on the increasing global focus on tax compliance and transparency, urging insolvency practitioners to remain vigilant about tax issues when handling business recovery cases.

    She warned that non-compliance could result in significant liabilities, which could worsen the financial plight of businesses in distress.

    She emphasised the increasing focus on tax compliance and transparency worldwide, which has significantly impacted the insolvency landscape.

    “There is an increased focus across the world, not just in Nigeria, around tax compliance,” she explained. “Most jurisdictions are looking at more stringent reporting and transparency, even across different countries. Now we have something called the automatic exchange of information, which means you can no longer hide your financial records in any country that subscribes to this system.”

    She went on to highlight the importance of insolvency practitioners understanding these global trends to prevent further financial complications for the businesses they manage. “If the Nigerian tax authority is looking for information about your assets or financial records, and you have a business in the UK, for example, they can easily request this information from UK authorities.

    “This increased transparency means insolvency practitioners must take tax compliance seriously to avoid liabilities that could worsen a company’s financial situation,” Ndebbio stressed.

    Focusing on the Nigerian context, Ndebbio noted that tax is often a priority payment. She warned that penalties and interest on tax liabilities could exceed the principal amount, further straining companies in receivership or liquidation.

    “A company that’s already in distress doesn’t want to be using the little money they have to settle tax debts,” she remarked.

    Ndebbio also discussed the role of digitization in modern tax practices, urging Nigerian companies to catch up with global trends.

    “Most jurisdictions have digitised their tax filings, and some even conduct e-audits. Unfortunately, Nigeria hasn’t fully embraced electronic audits yet,” Ndebbio said.

    She emphasised that adopting digitised tax practices can streamline tax administration, reduce paperwork, and cut down on the time spent managing tax matters.

    “It’s crucial for Nigerian companies to modernise their tax processes to avoid unnecessary delays and complications.”

    Ndebbio further highlighted the importance of tax reliefs, especially for struggling companies. “There are tax reliefs available, and insolvency practitioners need to be aware of them. For instance, if a company incurs losses, those losses can be carried forward and used to offset future profits, reducing tax liabilities,” she explained.

    She encouraged insolvency practitioners to leverage such opportunities to minimise payouts and improve the chances of business recovery.

    Reflecting on the global tax landscape, Ndebbio noted that several countries have provided bailouts and subsidies to businesses affected by economic downturns, particularly during the COVID-19 pandemic.

    She pointed out examples in Nigeria, such as government bailouts for Arik Air and Nigerian Aviation Handling Company (NAHCO). “Insolvency practitioners need to explore these reliefs, grants, and subsidies, especially for SMEs, to help businesses stay afloat during difficult times,” she added.

    Ndebbio reiterated the need for insolvency practitioners to stay updated on tax regulations and reliefs. “As insolvency practitioners, the goal is to reduce cash outflows as much as possible, while ensuring compliance with tax obligations. Staying informed about global tax trends, reliefs, and digitisation is key to achieving this,” she concluded.

    BRIPAN’s call for action

    BRIPAN’s president, Chimezie Ihekweazu (SAN), expressed concerns over the continuing struggles of businesses despite the government’s efforts to improve the economic welfare of Nigerians. He emphasised the importance of collaboration among regulators, the judiciary, and business leaders to explore opportunities for improving the business recovery landscape.

    “As leaders and key stakeholders in the insolvency and restructuring landscape, we are tasked with the responsibility of ensuring that our legal and regulatory structures are equipped to address these challenges effectively while promoting economic growth, financial stability, and long-term recovery,” Ihekweazu said.

    Ihekweazu also highlighted BRIPAN’s ongoing efforts to professionalize insolvency practice in Nigeria, with initiatives such as training programs, fellowship opportunities, and the promotion of legislative reforms to ensure that Nigeria’s legal framework keeps pace with global best practices.

    NBA President on collaboration, investor confidence

    Mazi Afam Osigwe (SAN), President of the Nigerian Bar Association (NBA), reinforced the necessity of collaboration between legal and financial experts to ensure that businesses facing financial difficulties have a fair chance at survival.

    “Effective restructuring and insolvency processes are essential to preserving business value, protecting jobs, and fostering investor confidence,” Osigwe said.

    Osigwe stressed that in these times of uncertainty, the expertise of restructuring and insolvency professionals had become most crucial whilst stating that effective restructuring and insolvency processes were essential to preserving business value, protecting jobs, and fostering investor confidence.

     He stated that as global and national economies experienced pressures from multiple fronts, legal and financial experts needed to collaborate to find sustainable solutions.

    Osigwe added that the NBA, the largest professional body of lawyers in Nigeria, recognised the important role BRIPAN played in shaping insolvency practice in our country.

    He pledged the NBA’s continued collaboration with BRIPAN to improve the regulatory framework governing insolvency, adding that the NBA remains committed to promoting fairness and transparency for creditors, employees, and other stakeholders.

    “We remain committed to working alongside BRIPAN to improve the legal and regulatory frameworks governing restructuring and insolvency.

    “Our shared goal is to ensure that businesses facing financial difficulties have the best chance of survival while maintaining fairness and transparency for creditors, employees, and other stakeholders,” he said.

    NBA Lagos branch chairman, Olabisi Makanjuola in his goodwill message, said it is crucial as professionals and stakeholders, to continue to collaborate, innovate, and develop frameworks that promote transparency, accountability, and efficiency in the management of distressed assets and entities.

    He said: “As practitioners in the legal and business recovery fields, we are acutely aware that the way we approach insolvency and restructuring can make the difference between the survival and demise of businesses.

    “In the face of these challenges, restructuring is not just a tool for survival but also a means of rejuvenating companies and economies, providing the opportunity to emerge stronger and more resilient.”

  • Experts charge state legislators to step up legislative roles

    Experts charge state legislators to step up legislative roles

    Members of State Houses of Assembly in Nigeria have been charged to step up in their Legislative roles to make life better for their constituents.

    At a one-day Reflection Session for Majority Leaders of State Houses of Assembly on the ongoing reforms and emerging governance issues at the states, the state lawmakers were charged to enact laws that can provide pragmatic indigenous solutions to problems in their respective states.

    The objective  of the session facilitated by Partnership to Engage, Reform and Learn (PERL), a UK Foreign, Commonwealth, and Development Office (FCDO) programme was to further enhance the capacity of the lawmakers on critical Legislative skills, ideas, and experiences to enable them to discharge their mandate.

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    A Professor of Defence and Strategic Studies at the National Defence College, Professor Chinedu Udeh;  Professor of Political Science at the Nile University of Nigeria, Professor Hakeem Onapajo; and the Team Leader of Partnership to Engage, Reform and Learn, Dr John Mutu, charged state legislators to explore their oversight function to address problems facing the people in their constituencies.

    The Chairman of Nigeria Majority Leaders Forum and Majority Leader of Delta State House of Assembly, Honourable Emeka Nwaobi called for full financial and administrative autonomy for the state Legislature to enable the lawmakers at the state level to function effectively and efficiently.

    The Majority Leaders of Kaduna and Plateau State Houses of Assembly, Munira Suleiman-Tanimu and Joseph Bukar said state legislators were determined to perform their duties to enhance good governance and make  positive impacts on the lives of their constituents.

    During the session, the Forum presented the PERL Team Leader with an Award of Excellence in recognition of his unquantifiable contributions to governance reforms in Nigeria.

  • Wanted: legislative action on state/council joint account provision

    Wanted: legislative action on state/council joint account provision

    Legal experts have applauded the Supreme Court on the judgment affirming the financial autonomy of local government. They suggested ways to ensure the judgment is not undermined, including an amendment of Section 162(6) and (7) of the Constitution, which provide for a joint account, writes Assistant Editor ERIC IKHILAE.

    The Supreme Court last Thursday intervened decisively and effectively freed the third tier of government from the stranglehold of the state government.

    It interpreted constitutional provisions in a way that guaranteed independence for the local government areas (LGAs).

    The judgment was on Suit SC/CV/343/2024 filed on May 20, by the Attorney-General of the Federation (AGF), Lateef Fagbemi (SAN), on behalf of the Federal Government.

    The suit had the attorneys-general of the 36 states as respondents.

    The scope

    The suit revolved around the interpretation of constitutional provisions relating to the structure of the federation and governance at the local government councils, with emphasis on sections 1(2), 7(1) and 162(3)(5)&(6).

    Section 1(2) provides: “The Federal Republic of Nigeria shall not be governed nor shall person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Construction.”

    Section 7(1) says: “The system of local government by democratically elected local is under this Constitution guaranteed; and accordingly, the government of every state shall, subject to section 8 of  this Constitution, ensure their existence under a law which provides for the establishment, structure, composition, finance and functions of such councils.”

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    Section 162 (3) provides: “Any amount standing to the credit of the Federation Account Shall be distributed among the Federal and State Governments and the local government councils in each State on such terms and in such manner as may be prescribed by the National Assembly.

    Sub-section 5: “The amount standing to the credit of local government councils in the Federation Account shall also be allocated to the states for the benefit of their local government councils on such terms and in such manner as may be prescribed by the National Assembly.

    Sub-section 6: “Each state shall maintain a special account to be called ‘State Joint Local Government Account’ into which shall be paid allocations to the local government councils of the state from the Federation Account and from the government of the state.”

    As argued by the AGF, the essence of the suit was to curb the flagrant violation of sections 1(2), 162 and 7 of the Constitution by the states that are endangering the continuous existence of the local government councils as the third-tier of government and thereby dismembering nation’s federal governance structure, contrary to the intention of the Constitution.

    Reliefs sought

    In all, 18 reliefs were sought. They were all granted in the lead judgment by Justice Emmanuel Agim, with modifications.

    Of the seven Justices on the panel, only Justices Mohammed Garba and Habeeb Abiru declined to grant some of the reliefs as sought by the plaintiffs.

    Justices Chioma Nwosu-Iheme, Haruna Tsammani, Moore Adumein and Jamilu Tukur adopted the manner the reliefs were granted in the lead judgment.

    The decision

    In determining the suit, the court segregated it into three broad classes.

    First, it determined the preliminary objections raised by the states, which query the competence of the suit, the plaintiff’s locus standi and the court’s jurisdiction.

    In dismissing all the defendants’ grounds of objection, the court said the suit fell within its scope of original jurisdictional competence and that it was competent.

    On the right of the AGF to institute the action, Justice Agim said Fagbemi, as an agent of the Federation, has to protect the interest and rights of the Federation.

    He added: “A Federation has the right to protect the Constitution and the duty to ensure that no part of the Federation is governed contrary to the Constitution or by anybody that is not constitutionally empowered to do so.

    “It has a right to protect any tier of governance structure from being extinct or going extinct or being destroyed and has a right and interest in the money in the Federation Account and the money distributed from that account to the respective tiers of government and the allied rights of the tiers of government to whom money distributed from the Federation Account get to.

    “These are the legal rights that the plaintiff is asserting in this suit. This suit by the Federation, to protect the Constitution, to protect the federal structure of governance and to enforce public rights and duties, is validly maintained in the plaintiff as the Attorney General of the Federation,” Justice Agim said.

    After dismissing the objections for being without merit, Justice Agim proceeded to examine the legality of the practice, by the states, of retaining and utilising local government council allocations paid through them for onward transfer to the councils, vis- a- vis the provisions of Section 162(5) & (6) of the Constitution.

    The Supreme Court held that it was wrong for a state government to retain and utilise local governments’ statutory allocations paid through them.

    The highest court declared as gross misconduct the dissolution of democratically elected local governments by governors, whose responsibility, under Section 7 (1) of the Constitution, is to ensure their existence.

    It barred the Federal Government from releasing funds to local governments managed by undemocratically elected officials, such as caretaker committees.

    The Supreme Court issued an order of injunction restraining the defendants by themselves, their privies, agents, officials or howsoever called, from receiving, spending or tampering with funds released from the Federation Account for the benefit of local government councils when no democratically elected local government system is in place.

    The court also ordered the Federal Government, through its relevant officials, to commence immediately the direct payment to local government councils the amount standing to their credit in the Federation account.

    It ordered that henceforth, no state government should be paid any money standing to the credit of the local governments in the Federation account.

    The apex court also issued an order of immediate compliance by the states.

    Justice Agim faulted the contention of the states that allowing the Federal Government to pay allocations directly to the LGAs would amount to a breach of the provisions of Section 162 (5) & (6) of the Constitution, requiring that such allocations must be paid through the states.

    The sub-sections provide: “The amount standing to the credit of local government councils in the Federation Account shall also be allocated to the state for the benefit of their local government councils on such terms and in such manner as may be prescribed by the National Assembly.

    “Each state shall maintain a special account to be called ‘State Joint Local Government Account’ into which shall be paid all allocations to the local government councils of the state from the Federation Account and from the Government of the State.”

    Justice Agim noted that where the literal and narrow interpretation is adopted in constructing the word “shall” in sub-section 5, it will impose a mandatory duty on the Federation to pay local governments statutory allocations from the Federation Account only through the states.

    The Justice added that where such literal and narrow interpretations will cause injustice or create an unworkable situation, a purposive or teleological interpretation should be adopted to allow for discretion on the part of the Federation in determining the most appropriate mode of paying the allocations of the LGAs to them.

    He said the adoption of a purposive interpretation would mean that the Federation could pay Local governments’ allocations to them either directly or pay to them through the states.

    He added: “In this case, since paying them through states has not worked, the justice of this case demands that the local government allocations from the Federation Account should henceforth be paid directly to the LG councils.

    On whether state governments or governors could lawfully dissolve democratically elected local government councils, Justice Agim held that it is a mandatory duty of the state government or governor, under Section 7(1) of the Constitution, to ensure their existence.

    He said what obtains today is that the states, in the abuse of their powers, have continued to work against the provisions of the Constitution.

    Referring to past decisions of the court, Justice Agim held that a democratically elected local government does not exist at the pleasure of the governor or the House of Assembly.

    He added it was common knowledge and needs no proof that governors want to hold on to and manage council allocations and, therefore, do not want the existence of democratically elected chairmen.

    Lawyers hail judgment

    Legal experts have hailed the Supreme Court for its pro-democratic interpretation of the Constitution with the aim of further entrenching federalism of democracy in the country. They suggested ways to make the verdict work.

    Dr Joseph Nwobike (SAN) said: “What the Supreme Court did in that case was simply to direct the states and Federal Government to obey the clear provisions of the Constitution as they relate to local government finance in Nigeria. It is, indeed, a welcome development.”

    Chief Mike Ozekhome (SAN) noted that part of what the judgment did was more like interpreting Section 162 of the Constitution, which provides for a joint State-Local Government Account.

    He added: “In which case, money is normally paid to state governors’ accounts and then for them to disburse to the local governments for them to share.

    “But, what has been happening is that, as I noted in 2020, over three years ago, the state governors, have been behaving like ‘bandits’ waylaying local government funds along the way and thus impoverishing them, leaving them with nothing to work, just a little for salary, and nothing to work for the people whom they represent.

    “I agree with the judgment of the Supreme Court to grant full financial autonomy so that money is released and paid directly to the 774 local government councils which constitute the third-tier of government, to develop their places because the LGAs are grassrooted and nearest to the people.”

    A former Lagos Attorney-General, Moyosore Onigbanjo (SAN), said the Supreme Court correctly re-stated and interpreted constitutional provisions on council autonomy.

    He added: “The court further tightened the screws against the control of LG funds by the states, by mandating that council funds should be released to them directly and not through the states or any joint account.”

    As noted by an Abuja-based lawyer, Otunba Tunde Falola, the judgment is a welcome development and long overdue. 

    He said: “It will, in no small measure, add credence and value to our democratic governance in Nigeria.

    “To me, the judgment of the Supreme Court has indeed given life to the provision of Section 7(1), which guarantees the system of local government by the democratically elected local government council in the country.

    “With this decision, it is expected that all these practices of denying local government councils of their funds and other sundry entitlement will be a thing of the past.”

    Abiodun Olatunji (SAN) commended President Tinubu and Fagbemi for their decision to approach the court on the issue.

    He hailed the President “for his courage and the political will to allow such an action to be filed by the AGFat the Supreme Court”.

    Olatunji added: “Such political will has been absent since the advent of the current constitutional democracy in 1999. The President deserves the commendation of everyone.”

    Also hailing Fagbami, he said: “The AGF’s steadfastness in the face of the stiff opposition by all the 36 state governors to the suit at the Supreme Court, is a testament to his exemplary leadership qualities.”

    Implications of judgment

    On a closer assessment of the judgment, Olatunji identified what he termed key implications of the decision.

    The Senior Advocate argued that the decision has the potential to end governors’ stranglehold on local government administration.

    He said: “The decision effectively curtails the pervasive influence that state governors have wielded over local governments.

    “This influence has often led to the manipulation and misappropriation of funds, impeding local governance and development.”

    He also noted that the apex court’s declaration that the appointment of caretaker committees to run local councils is unconstitutional reinforces the constitutional mandate for democratically elected local government officials.

    “This eradicates the practice of governors appointing loyalists to caretaker positions, which undermined democratic principles and accountability,” he said.

    Olatunji said the direct allocation of funds to democratically elected local government councils, as mandated by the court, will ensure funds are utilised for their intended purposes, promoting local development and reducing opportunities for corruption.

    “This shift empowers local governments to address the specific needs of their communities effectively.

    “The judgment addresses the long-standing issue of state governors’ overbearing influence on local government administrations,” Olatunji said.

    Signal for further restructuring

    According to Ozekhome, the judgment should provide the impetus for the government to embark on a holistic restructuring of the entire governance structure to attain true federalism.

    He added: “If you take a look at our situation, Nigeria is operating a very lopsided federation, more like a unitary system of government.

    “Where the Federal Government is supposed to be a small government, it is controlling 67 items on the Exclusive Legislative List.

    “That is why the Federal Government gets the lion’s share of the federation account to the tune of 52.68 per cent.

    “The states get 26.72 per cent while the entire 774 local government councils get just 20.60 per cent of the monthly allocation.

    “The question is: what is the Federal Government doing with almost 53 per cent of the national income?

    “That is because it is a government that is a behemoth, that is elephantine, a government that intrudes and intervenes in areas that should not concern it at all. 

    “What is the Federal Government’s business with licensing cars and trucks for states? What is its business with the Marriage Act, dealing with how people marry and wed in Nigeria and how they live together as husband and wife and separate or divorce? 

    “What is the Federal Government’s business with unity schools, operating secondary schools?

    “Why is the Federal Government not allowing states to generate their power, operate their railway stations and have their police if they have the capacity?”

    Avoiding challenges

    For Nwobike, Onigbajo and Falola, measures must be put in place to prevent a reversal of the successes that will accrue from the apex court’s decision.

    Nwobike recommended that both state and federal legislatures should ensure that a clear legislative framework is in place to ensure strict fiscal and official accountabilities.

    He added: “It is very possible that the local government officials, at both the political and administrative levels, may abuse this opportunity donated by this decision.

    “It, therefore, behoves those with the legislative authority to control public finances at the local council level to be creative in ensuring that public funds paid directly to the local governments are not wasted on bogus and phantom projects,” Nwobike said.

    Onigbajo observed that while the judgment is commendable, the problem lies in its enforcement.

    He added: “Can council chairmen look their governors in the eye and refuse to either send the funds back to the governor, who anointed him/her as the Chairman or use the funds in the manner directed by the governor? Time will indeed tell.

    “Be that as it may, however, the additional hurdles put in the way of diversion of LG funds by states is a welcome development.”

    Falola urged the National Assembly to amend Section 162(6) and (7) of the Constitution, which relates to the operation of a joint account between the states and LGAs.

    Such an amendment, he believes, will pave the way for each LGA to independently operate its account.

    He added: “Without this, the state governments will still hide under those provisions to circumvent the operation of the apex court’s decision.”

    On whether or not the judgment has any implication for the Local Council Development Areas (LCDAs), Falola said: “They are not LGAs recognised under Part 1 of the First Schedule to the 1999 Constitution.

    “In order words, these LCDAs, not being part of the 774 LGAs mentioned under the Constitution, the judgment of the Supreme Court cannot be interpreted in relation to them.”

    Prof. Damilola Olawuyi (SAN), Deputy Vice-Chancellor, Afe  Babalola University, Ado Ekiti (ABUAD), described the verdict as a positive development that should lead to true federalism and constitutional democracy.

    He said: “It is a misnomer under a federal constitution for state governments to arrogate the finances, autonomy and responsibilities of the local governments to themselves, thereby choking the local governments for many years.

    “This verdict corrects this and would indeed strengthen the abilities of local governments, which are the closest to the people, to perform their constitutional functions of delivering basic infrastructure and services to the poorest of the poor, especially those living in very remote parts of the country where federal and state interventions may not easily reach.

    “Every patriotic Nigerian should therefore celebrate this timely and important decision which reinforces the sacrosanct role of the Supreme Court as the last hope for the common citizen.

    “The Federal Government should ensure prompt and timely implementation of the verdict and monitor and seriously take up any act of contempt or delayed compliance by any state.”

    For Jibrin Okutepa (SAN), the pronouncement is rooted in the progressive canon of interpretations.

    He said: “There is also a purposeful canon of interpretations. This interpretation done by the Supreme Court was rooted in the knowledge and understanding that the system of payment stipulated in the constitution has made local governments in Nigeria worse off in terms of financial autonomy and even development…

    “As a policy court, the Supreme Court needs to engage in more progressive and purposeful interpretations of our law and constitution to save democracy.

    “There is a need for the Supreme Court to rise to the occasion to make democracy flourish by giving interpretations to our electoral jurisprudence and laws that respect the sovereignty of the people rather than any narrow interpretation that perpetuate those who engage in wrongful conduct to continue lording it over the affairs of the people.

    “Those who have no respect for the sovereignty of the people and the people should not be aided and abetted with narrow interpretations of laws to keep them in power. I salute the Supreme Court in the judgment on the local government autonomy.”

  • Assessing 25 years of legislative democracy in Nigeria

    Assessing 25 years of legislative democracy in Nigeria

    The legislature is regarded by many as the beacon of democracy. It is the only institution of governance that does not exist during the military as it is often suspended, while the military performs its role. It is also the closest level of government to the people. 25 years after the return to democracy, the Nigerian parliament, especially the House of Representatives has continued to grow. TONY AKOWE reports.

    The return to democracy in 1999 and the inauguration of the government on May 29, 1999, paved the way for the return of the National Assembly which was suspended with the intervention of the military in governance. With the proclamation of former President Olusegun Obasanjo following the provision of the 1999 constitution, the National Assembly was inaugurated on the 3rd of June, 1999.  Before then, the last time the National Assembly held any session was in 1993 when General Sani Abacha dissolved the National Assembly and took over government following the now famous June 12 Presidential elections. The parliament has remained, growing from strength to strength. In addition, it has developed institutions that will aid in the research and development of manpower for the legislature. The National Institute for Legislative and Democratic Studies and the National Assembly Library and Research Centre are such two institutions. However, unlike several other countries, the parliament in Nigeria was not able to have a settled leadership until almost eight after. But the House of Representatives settled its leadership tussle earlier than the Senate. The first attempt ended in a disaster as the House ended up producing a Speaker who turned out to have forged his certificates to contest elections. The discovery paved the way for the emergence of another Speaker. Aside from that event early in the life of the parliament which gave rise to two Speakers in one year (Salisu Buhari and Ghali Umar Na’abba), the leadership crisis in the 6th Assembly when Patricia Etteh was impeached as Speaker and Dimeji Bankole enthroned, the House has had steady leadership over the years.

    In 25 years of legislative democracy, the House has produced nine Speakers and eight Deputy Speakers. The Speakers are Salisu Buhari (Kano) whose tenure was short-lived by certificate scandal, Ghali Umar Na’abba (Kano), Aminu Bello Masari (Katsina), Patricia Etteh (Osun), Dimeji Bankole (Ogun), Aminu Waziri Tambuwal (Sokoto), Yakubu Dogara (Bauchi), Femi Gbajajabiamila (Lagos) and the current Speaker, Abbas Tajudeen (Kaduna). The Deputy Speakers are Chibudum Nwuche (Rivers), Austin Okpala (Rivers) Babaginda Ngoroje (Taraba), Usman Bello Nafada (Gombe), Emeka Ihedioha (Imo), Yusuf Lasun (Osun), Ahmed Idris Wase (Plateau) and the current Deputy Speaker, Benjamin Kalu (Abia).

     Interestingly, since the return to democracy in 1999, the South-South, South-East, and North Central have never produced a Speaker of the House of Representatives. In the Senate, the President of the Senate had continued to elude the North West and South, the two regions with the highest voting population in the country. Out of the two, only the Southwest is yet to produce a Presiding officer for the Senate, having not occupied the position of Deputy Senate President also since the return to democracy. The Senate Presidency has rotated between the South East (1999 to 2007), North Central (2007 to 2019), North East (2019 to 2023) and South South (2023 to date). On the other hand, the deputy Senate President position has been occupied by the North Central, South East, South-South and currently, North West. For the position of the Deputy Speaker of the House of Representatives, the position has rotated between the South-South, South East, North East, South West, and North Central.

    There is no gainsaying the fact that the Nigerian parliament has recorded quite a number of landmark achievements in the last 25 years, one of which is killing the third-term ambition of former President Olusegun Obasanjo. While many believed that the idea of having a third term was foisted on him by Nigerians, the National Assembly declined to amend the constitution to allow for any sitting President or governor to have a third term in office. Senator Ken Nnamani who was Senate President during the third term struggle said the decision to adjourn the Senate contributed to killing the third-term dream as it afforded the Senators who were in support of the idea the opportunity to have a rethink. Speaking at the public presentation of his book ‘Standing Strong: Legislative Reforms, Third Term and Other Issues of the 5th Senate,’” in 2021, Nnamani also said that the fact that the consideration of the constitution review was broadcast live also forced some of the lawmakers to change their mind.

    He said “I wanted Senators to vote with their mind on the question of whether we should amend the constitution to allow President Obasanjo a third term. I also wanted their votes to represent the views of their constituents.

    “To be an informed trustee, the Senators need to understand the view of their constituents before casting their votes. On this basis, the Senate adjourned to allow the Senators to consult with their constituents about the constitutional amendment.

    “With this intervention, some Senators returned with enlightened views. We decided to televise the proceedings. Publicizing the proceedings was not supported by those who wanted to smuggle into the Constitution the extension of tenure through undefined and darkened procedures. They knew that if we had sidelined Nigerians from the proceedings, and therefore reduced public pressure on the legislature, it would be possible to ram through, but I stood strong.

    “We overcame intense pressure even from the highest level of government. We continued to broadcast the proceedings. The result of the publicity and openness was that we secured our democracy. The degree of public interest the debate generated owed largely to the decision to televise our proceedings. This was the origin of the now institutionalized use of television to publicize proceedings of the National Assembly. The publicising of the proceedings made lawmakers sit up and take the act of law-making, because no one wants to be caught on camera, either sleeping.”

    The doctrine of necessity adopted by the parliament in 2010 to save the country from a major crisis is another landmark achievement of the parliament since the return to democracy. Section 145 of the 1999 Constitution requires the president to transfer power to his deputy while he is away or not able to perform his duties. This section states that the President shall, whenever he is proceeding on vacation or is otherwise unable to discharge the functions of his office, transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect. It states further that “This declaration shall empower the Vice-President to perform the functions of the office of the President as Acting President until the President transmits to them a written declaration to the contrary.”

     However, there were attempts to sideline the then Vice President, Dr Goodluck Jonathan, and deny his constitutional role as an acting president since the then President, Umar Musa Yar’dua did not transmit a written declaration to the National Assembly informing them that he was away from the country. The National Assembly intervened by invoking the doctrine of necessity to proclaim Goodluck Jonathan as the acting president without recourse to the constitutional obligation that requires such a proclamation to be done by the president. The failure of the President would have led to a constitutional crisis since there was no clear provision transferring power to the Vice President, Goodluck Jonathan. However, the intervention of the National Assembly through a resolution passed on February 9, 2010, empowered Jonathan to assume the role of Acting President and subsequently President when Yar’adua died. This decision set a precedent for future situations where the President’s absence or incapacity might require the transfer of power to the Vice President or other officials.

    Read Also: Obaseki draws battleline with Oba of Benin, insists on ban of youth leaders

    The passage of the bill establishing the Niger Delta Development Commission to address the challenges in the region is another major landmark decision of the National Assembly since 1999. It, however, became the one instance when the parliament exercised its power to override a Presidential veto. Even though the lawmakers have passed several bills that should impact the lives of the Nigerian people positively, past Presidents have vetoed those bills, stopping them from becoming laws for one reason or the other. Former President Olusegun Obasanjo had vetoed the NDDC Bill. But in line with the constitutional provision, the House of Representatives override the veto on the 3rd of June, 2000 with an overwhelming vote of 302, with one voting against and three abstaining. Four days later, on the 7th of June, the Senate also passed the bill overriding the President’s veto, thus giving birth to the NDDC. After the NDDC Act, there have been several opportunities for the National Assembly to exercise the constitutional power of overriding Presidential veto but failed to do so. For example, in 2018, the Nigerian parliament attempted to override President Muhammadu Buhari’s veto of the Electoral Act Amendment Bill but failed to achieve that forcing the country to use the 2015 electoral act for the conduct of the 2019 general election. Many felt that the infighting between the leadership of the parliament and the President was an ample opportunity to achieve that, but they failed to use the opportunity to their advantage. This also happened in 2021 during the making of the 2022 electoral act. On several occasions, during the making of the law, the President had to return the Electoral Act to the parliament with one excuse or the other until it was finally signed on the 25th of February, 2022 to allow for its use for the conduct of the 2023 general elections. Section 58 of the constitution provides among others that “(1) The power of the National Assembly to make laws shall be exercised by bills passed by both the Senate and the House of Representatives and, except as otherwise provided by subsection (5) of this section, assented to by the President. (2) A bill may originate in either the Senate or the House of Representatives and shall not become law unless it has been passed and, except as otherwise provided by this section and section 59 of this Constitution, assented to in accordance with the provisions of this section. (3) Where a bill has been passed by the House in which it originated, it shall be sent to the other House, and it shall be presented to the President for assent when it has been passed by that other House and agreement has been reached between the two Houses on any amendment made on it. 4) Where a bill is presented to the President for assent, he shall within thirty days thereof signify that he assents or that he withholds assent. (5) Where the President withholds his assent and the bill is again passed by each House by a two-thirds majority, the bill shall become law and the assent of the President shall not be required”.

    Another opportunity to override the President’s veto came through a constitutional amendment in 2023. The 9th National Assembly, even though considered by many as a rubber stamp Assembly carried out one of the most comprehensive reviews of the 1999 constitution. The President failed to assent to about 16 of such alterations sent to him by the National Assembly after concurrence by state Assemblies. The constitution provides that “a bill for the alteration of the provisions of this Constitution passed by the National Assembly as aforesaid shall be presented to the President for assent”. It also states that “where the President withholds assent, the bill shall be sent back to the National Assembly, which may, by a two-thirds majority vote in both the Senate and the House of Representatives, pass the bill again, and the assent of the President shall not be required.” In other words, if the President vetoes a constitutional amendment bill, the National Assembly can override the veto by passing the bill again with a two-thirds majority in both chambers. After that, the President’s assent is no longer required for the bill to become a part of the Constitution. This ensures that the legislative branch has the final say in constitutional amendments, preventing the executive branch from unilaterally blocking reforms. This explained why in 2023, senior lawyers wanted the National Assembly to override President Buhari’s decision to withhold assent to 16 of the Constitution Alteration Bills.

    The Police Act and the Customs and Excise Management Act passed by the 9th National Assembly are part of the landmark laws that have been passed by the National Assembly since 1999 to bring landmark reforms to the two agencies. Interestingly, before the passage of the CEMA Act in 2023, the Customs Act had not been amended for over 60 years, thereby making reforms in the agency cumbersome. In addition, there are agencies and institutions that have been created by the Act of Parliament. The minimum wage bill which pegged the national minimum wage at N30,000 was also passed by the National Assembly. The Petroleum Industry Act which was passed by the 9th Assembly is another landmark; legislation by the National Assembly since the inception of democracy in 1999. As a bill, the PIA reportedly scaled through after about 20 years in parliament and provides a legal, governance, regulatory, and fiscal framework for the development and management of the Nigerian Petroleum industry as well as the development of host communities. Before then, the

    However, one legislation that tends to libralise information gathering and governance process is the Freedom of Information (FOI) Act which supports accountability, openness, and good governance. The law seeks to promote an open and democratic society by giving the people access to information, especially from government agencies. Even though it was first introduced to parliament in 1999, it was not until 2011 that it was finally signed into law by former President Goodluck Jonathan on May 28, 2011.

    Not Too Young to Run Bill is one of the constitutional amendments by the 8th Assembly allowing younger persons to contest elective positions. It reduced the age qualification for presidents from 40 to 30, governors from 35 to 30, senators from 35 to 30, House of Representatives membership from 30 to 25, and state legislatures from 30 to 25.

    The disability bill, which aims to curb discrimination against persons with disabilities, was passed in 2016. The bill was signed into law by then-President Muhammadu Buhari on January 23, 2019. The Disability Act prohibits all forms of discrimination on the grounds of disability and imposes a fine of N1 million for corporate bodies and N100,000 for individuals, or a term of six months imprisonment for violation. It gave a moratorium of five years before coming into full operation. It provides for public institutions to put in place additional facilities that will aid persons with disabilities in having access and moving freely.

    The National Health Bill signed into law in 2014 clearly defines the various roles and functions to be played by the three tiers of government on health-related issues. It was expected to help Nigeria achieve universal health service, guarantee improvement in the health sector, regulate healthcare practice, promote professionalism among healthcare providers, set standards for healthcare services rendered across Nigeria, and help eliminate medical quacks in the system.

    Unfortunately, the parliament has been weak in the area of oversight, while doing so much in the area of representation. Today, respect for the parliament by several agencies of government is lacking and nothing has been done to punish any of these agencies aside from mere threats of warrant. Section 88 of the constitution grants them the power to summon anybody to come and answer questions in the parliament, while section 89 grants them the power to issue a warrant of arrest for anyone who fails to honour its invitation. The subsection 1 provides that “The power of the National Assembly to conduct an inquiry or investigation shall include the power to (a) procure all such evidence, written or oral, and examine all such persons as witnesses, as may be necessary or desirable for the purpose of the inquiry or investigation; and (b) require the attendance of any person, including a Minister or other government official, and require him to give evidence or produce any document or other thing in his possession or under his control. Subsection 2 states that “A warrant issued under this section shall be under the hand of the Clerk of the National Assembly, and shall be served by such person as may be specified therein.” This power allows the National Assembly to issue a warrant of arrest to compel the attendance of a witness or the production of evidence, if necessary, to aid in its inquiries or investigations. Though this power is not unlimited and must be exercised in accordance with the Constitution and other applicable laws, the National Assembly has never utilize it since the return to democracy in 1999 even when Ministers and other officials of government refused to honour invitations from the parliament.

    Francis Waive, Chairman of the House Committee on Rules and Business believes that in 25 years of legislative democracy, the National Assembly has matured so much and has impacted the lives of the Nigerian people through representation.

    He said the lawmakers have passed a series of legislations that have had a direct impact on the lives of the people, in addition to the zonal intervention programmes otherwise known as constituency projects.

    He believes that the only federal presence in some local government areas across the country today are the constituency projects initiated by members of the National Assembly.

     He, however, stressed that the high turnover rate of lawmakers since 1999 has largely impacted their functions as they spent several months coming to the Assembly to learn the rudiments of lawmaking.

    Waive who represents Ughelli Federal Constituency of Delta State on the platform of the APC, however, paid tribute to the parliament for their achievement over the years through the passage of the NDDC Act, and the Petroleum Industry Act among others.

    He also commended the innovation introduced into the constitutional amendment process by the lawmakers with the introduction of bill-by-bill amendments. This, he said, is to ensure that the entire amendments are not thrown away because the President did not like one clause in the amendment.

  • Legislative aide backs aspirant

    Legislative aide backs aspirant

    The Senior Legislative Aide to the Senate President on Stakeholders’ Engagement and Mobilisation, Femi Odere, has identified Senator Jimoh Ibrahim as the only All Progressives Congress (APC) candidate, who has shown the ability to become the next governor of Ondo State.

    Odere, who spoke yesterday during his visit to the corporate headquarters of Vintage Press Ltd, publishers of The Nation newspapers and Gbelegbo, in Matori, Lagos, said Ondo State people yearned for a governor who was sensitive to their needs and was prepared to advance the state.

    Read Also: I’m ready for any form of primary, says Jimoh Ibrahim

    He said Sen. Ibrahim possessed all the attributes that qualified him to win not only the APC primary, but also the November governorship election.

    Odere added that the senator’s popularity, track record, competency, idea-driven nature, academic qualifications and networking would influence the outcome of the APC primary in his favour.

    The Senate President’s legislative aide advised the party against fielding any candidate with political ‘baggage’, to avoid losing the governorship election and lawsuit.

  • Lawyers: why four lawmakers can’t conduct legislative business

    Lawyers: why four lawmakers can’t conduct legislative business

    Senior lawyers yesterday said four lawmakers of the 32-member Rivers State House of Assembly cannot validly consider the budget presented to them by Governor Siminalayi Fubara because they do not form a quorum.

     Two Senior Advocates of Nigeria (SANs), Robert Clarke and Wahab Shittu, and legal experts Dr Fassy Yusuf, Ige Asemudara and Chuks Uguru said the constitutional provision on legislative duties has not been complied with.

    They cited Section 96 (1) (2) of the 1999 Constitution, which provides that a quorum of the House of Assembly must be at least one-third of the members.

     The sections say: “The quorum of a House of Assembly shall be one-third of all the members of the House.

     “2. If objection is taken by any member of a House of Assembly present that there are present in that House (besides the person presiding) fewer than one-third of all the members of that House and that it is not competent for the House to transact business, and after such interval as may be prescribed in the rules of procedure of the House, the person presiding ascertains that the number of members present is still less than one-third of all the members of the House, he shall adjourn the House”.

     Asemudara explained that sub-section two envisages where it is not clear whether there is a quorum.

     “A quorum is not formed, so the presentation before four lawmakers will be improper. A four-man House is not up to one-third of 32, so it is an illegality,” Asemudara stressed.

    Law teacher Shittu added that under Section 98(2) of the Constitution, a simple majority is required to determine a legislative “question”.

     He said: “Proceedings of the Rivers State House of Assembly involving only four of its members is a nullity when the seats of the other members have not been declared vacant.

     “The danger of a constitutional crisis in Rivers with possible breakdown in law and order is real.

    “Security agencies in the state ought to be on red alert and prevent possible descent into anarchy.

    “The path to the resolution of the crisis is respect for constitutionalism, law and order and due process.”

     Yusuf described the situation as “a sad reminder of the recklessness of the political actors.”

    On whether the judge was wrong to issue an ex-parte order allowing the four lawmakers to sit, Yusuf said: “Ex-parte motions are heard on merit and fact presented to the court.

    “Normally, an ex-parte order will last for seven days. Let’s see what happens after seven days.

     “The orders are coming from different courts, so they are making a mockery of the judiciary.

     “I think the judiciary should be spared all these. They are the ones that ran to the judiciary and they are the same people who condemn the judiciary.

     “I may not have seen the documents attached to the affidavits but I would like to say that I see the ex-parte order in bad faith.

    “For too long, Rivers’ political situation has been dominated by Gestapo gangsterism. It has not known peace politically.

     “The latest development appears to be another dimension to what we had witnessed in the past.

     “The governor presenting the budget to four legislators out of 32, the demolition of the House of Assembly, with the governor leading about 10 bulldozers – he is wasting taxpayers’ money because of political expediency; the overbearing attitude of the former governor; all these are pointers to the fact that they have learnt nothing and they have forgotten nothing.

     “The situation is condemnable, is irresponsible, is embarrassing to the nation, and is a disservice to democracy.”

    Read Also: UPDATED: Obasa lifts suspension of four lawmakers

     Clarke urged the people to resist what he described as “rascality”.

     Asked what he thought of the governor presenting the budget to four lawmakers, the elder statesman said: “If you Nigerians can’t stand up and stop all this rascality, for the next 20 years we’ll be repeating the same thing.”

     Uguru condemned the degenerating development and called for restraint.

     Asked whether the lawmakers who left the Peoples Democratic Party (PDP) for the All Progressives Congress (APC) had lost their seats in effect, he said: “Defection or cross-carpetting may be justified if there is a division in the political party that elected them or there is a merger between that political party and another political party.

     “But the Constitution has not defined what it meant by division within the political party.”

     This, he said, has created a lacuna that is open to interpretations by the courts.

     Uguru said the judge had discretion to make orders, and parties have the right to appeal any decisions they are not satisfied with.

     “However, if I were the judge, I would not make such order ex-parte. The order I saw on the subject matter was ex-parte and that’s worrisome.

     “I think that those orders are too weighty to have been granted ex-parte.

     “I would have thought that it would be more agreeable to put the other side on notice so that both parties could be heard before any decision would be made.

     “However, the judge has his discretion to make orders.

     “Again, I have not read the facts of the case. What I saw was the order made. I do not know the facts that were presented before him.”

     The lawyer said four members cannot validly conduct the legislative business of deliberating on a budget.

     “The constitutional provision is that all such businesses must be done by 2/3 majority.

     “The worst case scenario is 1/3 in some situations, but whether four members will constitute a majority is left for the world to give interpretation.

     “However, if they are proceeding on the ground that 27 members have already lost their seats, well…” he said.

  • Legislative road to confusion

    The motion by Hon. Khadija Bukar Ibrahim, passed by members of the House of Representatives last week, halting the move to use only concrete technology to build federal roads can be described as another road to confusion. While the Minister of Works, Engr. David Umahi, has secured the approval of President Bola Ahmed Tinubu, and certificates of no objection by the Bureau of Public Enterprise, to henceforth use only concrete technology to build federal roads, the House of Representatives’ motion has put a spanner in the works.

    Without gain saying, despite the best efforts of the immediate past regime, most federal roads have remained an embarrassment to the nation. While Nigerians are in haste for road-repairs to begin, the House of Representatives doubt Umahi’s proposed concrete technology. In her lead debate, Khadija Ibrahim raised succinct arguments which swayed her colleagues. Amongst others posers, she said: “The House is worried that the Hon. Minister of Works’ new policy on cement concrete pavement adoption, without in-depth studies of the comparative advantages and disadvantages with asphalt, may contradict technical specifications, potentially leading to contract breaches and potential arbitration and litigation during a challenging economic time.”

    She further claimed: “The House is also concerned that several studies have revealed that the use of rigid or cement concrete pavements in road construction has significant technical limitations and constraints.” This column urges the minister to answer the legislators as quickly as possible, as Nigerians can’t wait for the rehabilitation of the death traps that our roads have become. For many Nigerians, the appointment of Dave Umahi as the Minister for Works was considered one of the best ministerial appointments by the Tinubu administration. Apart from being an engineer of repute, as governor, he had transformed Abakaliki, the capital of Ebonyi State, to a glistering capital city, with infrastructure littering the landscapes.

    So, it is strange that what many considered a deft move to solve the decayed road infrastructure across the country is already enmeshed in confusion. If Khadija Bukar Ibrahim is to be trusted, that her motion is in the interest and welfare of Nigerians, then it means that Umahi did not carry out due diligence before approaching the president for approval. Or could Kadija’s intervention be a mere hogwash to give cover to mundane interest whitewashed as national interest?

    The 10th House of Representatives has regrettably started their tenure on a very unfriendly note to the challenged national economy, with the irresponsible and unconscionable acquisition of luxury SUVS for their grossly abused oversight functions. According to reports, each of the 360 members will get a new Prado SUV at a whopping cost of N130 million per unit, which translates to about N57.6 million naira. In presenting the news to the public, the spokesman of the House gave the impression that the purchase is to enable members effectively discharge their responsibilities.

    He also justified the purchase of the luxurious vehicles on the premise that previous members of the House engaged in similar purchase, which they converted to personal use, after paying a token to the federal purse, at the end of their tenure. He made a feint reference to the executive branch as also guilty of engaging in luxurious lifestyle, when the rest of Nigerians are asked to tighten their belts to survive the economic challenges. While the others may be guilty as charged, the House has confirmed her inconsideration for the dire economic quagmire facing our dear country.

    But while confusion may linger over which of the arms of government is more wasteful, the House members must not walk the roads taken by their predecessors, who used oversight functions to undermine the work of the executive, while lining their private pockets, with public resources. The previous assemblies where so ingrained in personal aggrandizement to the extent that the so-called constituency project became a pork for their welfare. There were established instances, where members cornered billions for projects that they never executed. Other instance existed where a solar power was cited in the personal farm of a member as constituency project.

    Read Also: Otukpo bank robbery: Slain female Police Inspector buried in Okene

    The abuse of constituency project became so rampant that the ICPC had to establish a tracking procedure to monitor it. No doubt, if a thorough investigation of the execution of constituency project is carried out, many former and serving legislators would spend time in prison for corrupt practices. So, when Representative Khadija Bukar Ibrahim, stirs the hornet’s nest about the use of concrete technology to build our roads despite the claims of Minister Umahi that it would serve the country better, many are asking whether the intervention is in the spirit of oversight, or to stir a bargain for constituency road projects.

    Engaging in oversight has also turned to a corrupt practice for members of the National Assembly. There are claims that when legislators engage in oversight, it is merely an opportunity to extort the executors of the projects, the parastatals and departments of government concerned. The allegations against the legislators are that they use that constitutional power to overreach the executive branch and when they are ignored, they make life unbearable for that executive branch during the budget defence.

    Open allegations of abuse of oversight were made against the legislators by ministers in the past, so it is hoped that the sweeping claim of the House of Representatives against concrete roads is for national interest. The dilapidated state of roads across the country should have received the motion of the House of Representatives more than the hammer on concrete roads, which has been experimented with successfully in many parts of the country, including the Apapa to Oworoshonki road, one of the busiest and heaviest laden in the country.

    Nigerians earnestly await the outcome of the inquiry by the House of Representatives, as the motion adopted by members gave their committees three weeks to conduct their research and reach a conclusion on which road to follow between asphalt and concrete, for the construction and rehabilitation of all the federal road projects going forward. If the Representatives rode on the federal roads across the country while they were campaigning, they already know that a lot of the roads require immediate attention. One such road that needs urgent attention by the Ministry of Works is the Benin bye-pass.

    There are several others, like the East-West Road, which from the broadcasts on television, can be described as government engineered economic sabotage against those that ply the road. That road like others similar to it, are avenues for forced sacrifices of peoples’ lives and hard earned goods. With food inflation over the roof, one can just imagine the losses usually incurred, when trucks loaded with tomato or rice or corn fall into the craters that have become permanent feature of such road.

  • National Assembly legislative aides protest non-payment of salaries, allowances

    legislative aides at the National Assembly yesterday welcomed lawmakers back from their annual recess with a protest over alleged non-payment of salaries, Duty Tour Allowances (DTA) and other entitlements.

    The protesters, numbering over 50, besieged the chambers’ lobby, carrying placards with various inscriptions and rendered solidarity songs.

    The leader of the workers, Mr Nyakmo Etuk, alleged that they were owed two months’ salary arrears, and DTA since the beginning of the 8th Assembly in 2015.

    “We have been here for the past three years, getting to four years, and have been witnessing issues of delay in payment of salaries.

    “Sometimes, it will linger for months. As I talk to you now, the last time we were paid was on Aug. 15, which is very pathetic because that was the eve of the last Sallah celebrations.

    “Since then, we have not received any salary from August to September. Today is October 9, almost the middle of the month.

    “We have children, we have mothers, and we have bills to pay, yet we are working here without salaries,” he said.

    Etuk said besides salary, every legislative aide was entitled to DTA, which had not been paid in the last three and a half years.

    He said that every time the workers complained, the management told them they were working on the matter.

    “We have waited, we have calculated this DTA across board, and some on us are being owed up to N1.8 million.

    “It is from the DTA we go on errand and do some other miscellaneous things.

    “I don’t know what we have done wrong, because the last National Assembly leadership paid us up to date.

    “We are not talking about training, lack of which is also an issue here. You can’t expect efficient service from people you have not trained.

    “We are supposed to be undergoing four trainings in a year, and ever since we started, we have not had even one,” he added.

    As the protest was going on, Speaker Yakubu Dogara arrived at the complex at 11:09 a.m.

    Dogara walked past the protesters, who had gathered around the back entrance through which he entered the lobby, and headed to the chambers, waving at them.

    Some minutes later, Senator Ali Ndume arrived and walked into the crowd of protesters, who started hailing him.

    “Ladies and gentlemen,” he said after the crowd had calmed down, “you know my nature; I am always with you.”

    “So, if you want me to carry this (the placard) and show the world, I will gladly do that.”

    He held one of the placards and posed for a photograph with the now jubilant workers, before heading to the Senate chambers.

    The workers staged a similar protest in September.

  • Executive, legislative feud slows down govt, says Buhari

    Executive, legislative feud slows down govt, says Buhari

    The seeming frosty relationship between the Executive and the National Assembly is slowing down governance, President Muhammadu Buhari has said.

    The President, who spoke at the National Executive Committee meeting of the All Progressives Congress (APC), however, said the government was working hard to resolve the differences between the Executive and the National Assembly so that the country can move forward.

    Buhari acknowledged that the government had not met the expectations of many members of the party, but was quick to add that a few Nigerians, however, appreciate the depth of the rot in the country when the APC took over the government.

    He said: “I must acknowledge that the face of government has not met the expectations of many within our party. But few of us know or appreciate the depth of the rot when we took office and that we spent the last two years bringing the country out of the mess we met it.

    “Furthermore, the stand-off between the executive and the National Assembly slowed down the process of government. We are working hard to resolve the differences so that the country can move forward.”

    The President paid tribute to Nigerians for massively supporting the government in spite of what he called distractions from proponents of business as usual.

    He said: “Nevertheless, I am not asking us to relax and take things easy. We all know that elections are looming in the horizon. We must therefore get our acts together. Accordingly, I implore all members of the party to give the Asiwaju Committee full cooperation to resolve existing differences among our members in the states affected.

    “It is perhaps inevitable that there will be differences of opinion within the party. If we resolve them, then we can build a genuinely democratic party. But we must not lose sight of our common purpose as a party to break the mule of Nigerian politics and take the country to new heights. Therefore, we have asked Asiwaju Bola Ahmed Tinubu to lead this process of restoring order, manage differences and strengthen the party.”

    While expressing appreciation to the leadership at all levels for service to the party, President Buhari said: “In particular, I commend the National Chairman for steering the party from success to success. From our resounding election victory in 2015, we have won elections in Edo, Kogi and Ondo as well as the much improved performance in Anambra elections and the party has moved from the party in government to the party of the Nigerian people.

    “Much credit is due for our APC state chairmen for stabilising the country and to our Armed forces and the police and other security agencies for stopping Boko Haram in the country and driving them from their bases. No country, no matter how well secured, can isolate acts of terror as we have seen in the United States, Europe, Asia and here in Africa.

    “We must support our security agencies to safeguard our country so that the job of development as outlined in our manifesto can proceed without too much interruption. We cannot afford to fail in reminding Nigerians where we came from in 2015.

    “I am happy to report that slowly and steadily, we have managed to stabilise the country and redirect the ship of state. We have restored prudence to the management of resources and confidence in Nigeria has been restored.

    “On February 23, Nigeria floated a 12-year and 20-year Eurobond in the international market, which were both oversubscribed. The 12-year bond was, within days, oversubscribed by 332 percent while the 20-year bond was oversubscribed by 372 percent.

    “We have stabilised the naira and increased our foreign reserve from 20 billion dollars to 40 billion dollars. Inflation rate is down. With considerably less resources available to the country, we have improved all the indices towards a stronger economy.

    “Soon, primaries at the wards, local governments, states and the centre will soon be due. I urge all members to take account of the fact that APC has a history of conducting free and fair primaries whenever consensus about any position is not reached. Regardless of the outcome of the primary processes which is imperative, we should all work together to ensure victory for our party.”

    National Chairman Chief John Odigie-Oyegun said the party had a tough year ahead of it, with the general election as well as governorship elections in Ekiti and Osun states.

    He pleaded that party members do everything possible to minimise disputations within the party and ensure that the party is in a fighting shape in 2019.

    “We obviously have a very tough year ahead of us. It is year of challenges, multiplicity of activities beginning from the month of April when the processes for replacing officers of the party whose tenure will expire by June, the process of conducting challenging elections in Ekiti in July, in Osun in September.

    “These elections are precursors of the national elections. It is therefore necessary that we treat them with great seriousness because they are elections we should do everything to win. They are signals and signposts, indicators of what is to come in 2019. Preparations are also well underway for those elections.

    “In an atmosphere like that, contests whether at party level or primaries to select candidates for all positions from the House of Assembly members to the exulted position of Mr President always present challenges.

    “I want to make a passionate appeal that everything be done to minimise the stresses within the party. We must do everything to minimise the disputations within the party and do everything to ensure that we are in fighting shape come 2019.

    “For that reason, I want to say once more that we are fully behind and in support of the initiative taken by Mr President in setting up a team headed by Asiwaju Bola Ahmed Tinubu to effect such a reconciliation that are necessary within the party.

    “We have had challenges, we have had storms and weathered the storms. We have a government that took over at a very difficult circumstances but today, we can proudly say that the basic foundation of a new Nigeria economy is finally in place.

    “We are not talking now of a foundation that is based on easy money, not a foundation based on crude which for a long time sent all of us to sleep but an economic foundation built on the sweat and labour, resources,  material and otherwise, of the Nigerian people. That is the foundation that lasts. The economic indices tell a clear story.”