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  • National Assembly’s integrity under attack

    Senators are under attack following the revelation by Senator Shehu Sani that a senator collects a monthly allowance of N13.5 million apart from a salary of N750, 000 per month. Assistant Editor LEKE SALAUDEEN examines the implication of the jumbo pay on the nation’s economy and the integrity of the National Assembly.

    NIGERIANS were outraged by the revelation that each senator takes home the sum of N13.5 million per month as running cost, in addition to the consolidated monthly salary of N750,000. The revelation made by Senator Shehu Sani, who represents Kaduna Central in the upper legislative chamber, has triggered widespread anger among Nigerians, who had always criticised the lawmakers for their selfish interests.

    A number of eminent lawyers and human rights activists have described the jumbo salary and allowances senators of the senators as outrageous, when compared with what their counterparts in other climes earn. They said the lawmakers are insensitive to the plight of the people they represent, who are mostly living in penury. They agree that the basic salary of the senators is modest, but say their allowances are outrageous and cannot be sustained by the Nigerian economy.

    Such analysts commended Sani for having the courage to make public the monthly emolument of his colleagues. The senator representing Kaduna Central said divulging the information on the lawmakers’ salary and allowances “is a moral issue”. He regretted that the National Assembly was being run with little accountability about how the money is spent.

    He said: “The National Assembly is one of the most non-transparent organs of government. It pricked my conscience and I decided to burst the bubble and open the National Assembly to public scrutiny.” He called for the scrapping of what he described an illegal payment, so that the National Assembly would be attractive to people who can contribute ideas.

    The salaries and allowances of the National Assembly members have been a subject of debate over the years. Sani’s revelation remained the first by a lawmaker from the Senate, since the clamour for a full disclosure of lawmakers’ earnings started.

    Irked by the bogus allowances received by senators, Second Republic lawmaker, Dr Junaid Muhammed, castigated the federal lawmakers for what he described as insensitivity to the general feelings of the populace, with their opulent lifestyle which is at variance with the economic situation in the country.

    Mohammed said: “It is unfortunate that the leadership of the country is now in the hands of people that have no feelings for the common people. They think of themselves and their families; they fix horrendous salaries and allowances for themselves at the expense of majority of Nigerians who can hardly afford a meal per day. This disproportionate allowance being paid senators is unacceptable.”

    He recalled that the jumbo pay for lawmakers was introduced by the Peoples Democratic Party (PDP) under former President Olusegun Obasanjo and that it was upheld by the Umaru Yar’Adua presidency and sustained by the Goodluck Jonathan administration.

    The Second Republic lawmaker said: “The PDP has monetised politics in this country; the elective offices are meant for the highest bidder. That is why people of integrity are very scarce in the National Assembly. The country is being blackmailed by these jokers in the National Assembly. None of them have done any serious job in their life. I pray there should be a revolution to clear all this mess and let’s see how many of them can survive it.”

    The Kano-born politician regretted that the 1979 and 1999 Constitutions empowered members of the National Assembly to fix their salaries and allowances. He added “It was a mistake that the constitution allow the lawmakers to determine what they earn. In a normal society or matured democracy, you don’t allow members of the legislature to fix their salaries.

    “In a civilised and rational society, the nation pays the people including lawmakers, based on the content of the service rendered and what the nation’s economy can afford. There is no justification for the outrageous salaries and allowances fixed by them. When the economy nose dives, the normal thing to do is to cut down the expenses and plug all the leakages in the system, so that the nation does not go bankrupt. The solution is that we should allow Revenue Mobilisation Allocation and Fiscal Commission (RMFAC) to fix the salaries and allowances of all public servants, including the lawmakers.

    “The constituency project is a conduit pipe for siphoning public funds. The lawmakers collect money for doing nothing; they collect allowances for oversight functions. It is unfortunate that what we have in the National Assembly today are people who are only interested in personal aggrandisement, rather than creating dividends of democracy for the people that they represent.”

    The way out, Muhammed said, is for the country to adopt part-time legislature. His words: “The constitution mandated both the upper and lower chamber of the legislature to sit for at least 108 days. The amount of work could have been done within three months. Already our lawmakers have been operating on part-time basis. They meet two or three days in a week; they go on recess for months. The job content does not require full-time legislators.”

    A senior lawyer, Malam Yusuf Ali, said there was no justification for the jumbo allowances collected by the lawmakers, because it was out of tune with the economic realities in the country. He said the allowance is insensitive, considering Nigeria’s minimum wage.

    Ali argued that there is nothing to justify the outrageous pay in a country where average Nigerians earn less than five dollars a day. He said if the economy is buoyant, it’s a different ball game; but morality and common sense demand we should do things in line with acceptable standard. “There is no reason we should add to the cost of governance,” he said.

    The lawyer said: “Even if there was no mass unemployment and if the economy were buoyant, such allowance was totally unrelated to our circumstances. It is very insensitive.”

    The legal luminary appealed to the lawmakers to have empathy for the common people. His words: “You can’t be on part-time and still earn this stupendous money.” However, Ali disagreed with the idea of part-time legislature, saying that plenary sessions is just one aspect of their duties. He said lawmakers hold committee meetings and carry out oversight functions. What is important is that our legislators’ earnings should reflect the state of the ailing economy, in the interest of the majority who are living in penury.”

    Lawyer and human rights activist, Mr. Monday Ubani, condemned what he called the ostentatious lifestyle of the National Assembly members. He said it is unfortunate that those elected to protect the interests of the people are insensitive to their plights; adding that they are feeding fat at the expense of the majority of Nigerians who struggle to have a meal in a day.

    Ubani said: “We can’t continue with this jumbo pay earned by senators and their counterparts in the House of Representatives. It’s time for us to take action and put an end to this mess that is making us a laughing stock in the comity of nations. Some of us may likely challenge it in the court.

    “I can’t imagine a person carting home N64 million apart from the basic salary every three months, simply because he’s a senator. The economy of Nigeria cannot sustain the greed of the members of the National Assembly who constitute less than 0.05 per cent of the populace.”

    Ubani agreed with the suggestion of part-time legislature. He said: “Already, they are operating on part time basis; they meet three days in a week. How many of them attend plenaries? What we see on the screen every time is empty chairs in both chambers. Our economy cannot sustain the flamboyant lifestyles of these senators. We should do away with one of the chambers.”

    But the Chairman of the Peoples Democratic Party (PDP), Ogun State chapter, Alhaji Sikirulah Ogundele, did not see anything wrong with the senators fixing own salaries and allowances, adding that the senators invested a lot of money to win their elections and they must find a way of recouping their investments. “The bane of our democracy is that elections have been monetised,” he said.

    Ogundele advised the electorate to always cast their votes for people of integrity. He said: “They should look for those who are acquainted with their problems; retired teachers and principals would serve them better. These are the people that can accept a take-home of one million naira, rather than the moneybags who have no interest in serving the people. Until we start considering the credibility in electing our representatives, the moneybags will continue to dominate the National Assembly. Someone that is used to extravagance lifestyle will never change.”

    Lagos lawyer and activist, Mr. Femi Falana, said the unearthing of lawmakers’ jumbo pay should provide an opportunity for Nigerians to review the entire costs of governance. He said the Buhari administration owes the nation a duty to ensure that no political office holder is paid salaries and allowances that have not been approved by the RMAFC.

    He said Section 70 of the 1999 Constitution empowered the RMAFC to approve the salaries and allowances of the legislators. He regretted that the commission had never exercised this power by questioning the payment of the unauthorised salaries and allowances to federal legislators.

    Falana said the time was ripe for government to stop the jumbo salaries and allowances of federal lawmakers. He added: “The Buhari administration owes the national duty to ensure that no political officer is paid salaries and allowances that have not been approved by the RMAFC.”

    A legal practitioner, Mr Jiti Ogunye, said Senator Sani’s revelation has confirmed the long-held fears of Nigerians that their legislators are the highest paid in the world and that they have been short changing the people.

    He said: “They are not expected to use that elevated position to serve their own interest at the expense of public interest. They are not expected to allow their selfish consideration to override their commitment to abiding by the law.”

    To a student activist, Mr Uche Ejiofor, the bogus allowance drawn by the senators clearly show that they were not representing the people. He said: “I had always ignored the speculations about the legislators pay, but the fact that the revelation came from one of them and it has been confirmed by the Senate’s spokesman made me to believe that the federal lawmakers are living in a different world.”

    Ejiofor said the senators have confirmed that they are not on the same page with the executive in the quest for prudent management of resources and efforts towards economic recovery. He recalled that President Muhammadu Buhari and his deputy, Professor Yemi Osinbajo at the inception of this administration announced a 50 per cent salary cut as their sacrifice towards economic recovery. He added: “I had expected members of the National Assembly would follow suit, because the ruling party, the All Progressives Congress (APC), has majority in both chambers of the National Assembly.”

    He said the outcry wouldn’t have been if the legislators have been living up to the expectation of their constituents. He said Nigerians no longer see the lawmakers as people who are representing their interests.

    He said: “The people are angry, because they have not been getting a fair deal from the lawmakers. Nigerians must demand a review of the lawmakers’ allowances. We have not been getting a fair deal from our legislators. If a single person will be earning that kind of money in a country where the minimum wage is N18,000, something has to be done. We must insist on a review of this jumbo pay.”

  • ‘Why I want to go back to National Assembly

    Hon. Kehinde Odeneye represents IjebuOde/Odogbolu/Ijebu Northeast Constituency in the House of Representatives. He spoke with EMMANUEL OLADESU on why he wants to represent the constituency for the third time. 

    As a Chartered Accountant and lecturer, you were comfortable. Why did you go into politics?

    I went into politics because I believe we cannot  continue to be armchair critics. A lot of us, even when we have potentials, just sit down and criticise. We call politicians armed robbers and rogues, but these people are the ones deciding our fate and those of our unborn children. So, if we continue to leave our activities it in the hands of those we call rogues, who administer and govern based on the level of their understanding, what do we expect? All of us who feel we are not concerned and are looking the other way will be affected at the end of the day. Now everybody is complaining of recession in Nigeria, is it affecting politicians alone? No, we are all in it together. When I joined politics, I realised that what most people expect is for politicians to come and give them money. I told them I won’t give you money, but I would rather teach you how to fish instead of giving you fish. This is why my legacy in human development through empowerment.

    What is your reaction to the clamour for a uni-cameral legislators in some quarters?

    The relevance of the National Assembly cannot be over emphasised. Apart from the fact that we operate a presidential system where we have three arms of government, the Nigerian National Assembly has been vocal and frontal about National issues. It is not uncommon for the House to sit on Sundays if the need arises to find solution to urgent national issues. Lawmakers are the ambassadors of the people in Abuja. Lawmakers are the real representatives of the people. How many villages does President Muhammed Buhari know? How many villages has the Minister for Works visited? How does he know that my community requires water, housing or road network? With the assistance and collaboration of the National Assembly members, we’ve been able to facilitate projects that ordinarily would not have seen the light of day. We have also fought for the cause of our constituents by presenting their petitions on the floor of the House. All the lawmakers are also involved in various forms of empowerment programs in their constituencies which plays complementary roles to Federal Government Initiatives.

    Since 1999 , the Ijebu Federal Constituency  has not voted for same person for two terms. How did you break the second tern jinx?

    Let me start by saying there is no magic. Politics is about the people. It’s rooted in relationships. Therefore, your success depends largely on how well you bond and connect with your people. Having stayed among my people for that long, I knew the needs of my constituents while seeking for their mandate to represent them at the House of Representatives. I knew what they yearn for, I understood their plights, and I saw their aspirations. It wasn’t difficult when I eventually got in, to do what they require of me.

    When I was campaigning, I made two things clear, one was to concentrate on human capital development through empowerment. The second was to use my position to facilitate community infrastructural development to my constituency. Upon my victory at the polls, I made it clear to everybody that I’m not just an APC party representative, rather I am representing every citizen of Ijebu Central Federal Constituency, regardless of political affiliations or religious background. This is why my empowerment programmes cuts across party affiliations. All the people of Ijebu Central Federal Constituency are included whether PDP, Labour Party, SDP, APC and even those who do not belong to any political party. Empowerment is for all of my people not only APC party members. As a result of this, the people were surprised during my first term in office when they saw what is not typical among politicians. They reasoned and responded by giving me a second term mandate in the Federal House.

    Can you highlight some your empowerment projects?

    My interventions are in many phases but let me start with the phase that deals with economic empowerment of our people. As I speak, I have about 8,000 registered artisans, men and women with different skill sets enrolled under what I call OK SAP -Skills Acquisition Programme. I’ve been doing skills empowerment programme since 2011. I have empowered over 3000 people within Ijebu Central Federal Constituency in various fields of endeavour. Today, my people have started clamouring for third term in the House, just so the constituency continues to enjoy the growth through my empowerment initiatives. Those who share this sentiment believe that it will do our people in Ogun State a lot of good, if we support a legislator with experience as we begin to prepare for the 9th National Assembly that would be inaugurated in 2019.

    Another thing working in my favour is that I run an inclusive programme.

    What is your ambition as the polity prepares for next year’s elections?

    If my people say I should represent them again, of course, I will. The second thing is that I believe I have not done enough. Some are saying with my achievements so far, I should go to the Senate. No, I am not interested in the senatorial ticket. I still intend to remain a congressman. My constituency is my strength. My people are what keeps me going. I’m close to the grass root as a member of the Federal House of Representative. If you look at Ogun State, after Hon. Dimeji Bankole’s stint as Speaker of House of Representatives, there has not been anybody from Ogun State in the leadership position of the National Assembly. Why? It’s because of inconsistency. We change our representatives always. There is need for consistency of purpose and mandate. This is how to grow in politics. Above all, like I have stated earlier, I have not done enough. I believe I can still do more for my constituents as a member of the Federal House of Representatives.

    What have you done for your constituency that will make them give you another term?

    I have been able to facilitate a number of projects and influence government decisions at various levels for the benefit of my people. I’m not just talking about employment or empowerment but infrastructural projects that have been achieved through lobbying and consultation. I have facilitated construction of School buildings at Idomila/Idomowo primary school, Molipa High school, Parako Community School, Igbile, a school in Idode community, Ogbogbo Baptist Grammar School (ongoing) and a school in Odogbolu town (ongoing). Some of the ongoing school buildings renovations are at Ijebu Ode Grammar school, Iloti community school, schools in Okun Owa, Aiyepe, Ibefun and Isiwo all in my constituency. I have water projects at Ogbogbo, Oke Eri, Oke Aje Market, Akio, Odomolasa (Ilese) and Obanta Market in Ijebu Ode. I also facilitated the building of a Vocational centre at Itanrin, a 600 seater hall at Tai Solarin University of Education with 600 chairs and 110 computer systems, Food Processing Centre and Maternity Health Centre in Ogbogbo. It is also to my credit that construction of Odo Aye/Isaki road and solar street lights projects were facilitated at Ogbogbo/Erigo, Iworo, Abeokuta Road (Ijebu Ode), Atan, Odogbolu town, Army Barracks Ilese, Oke Aje Market and Odosiwonade all in Ijebu Central Federal Constituency. These projects and more did not come automatically but as a representative of the people, it is my duty and charge to fight for my constituency. I have also organised football competition to discover talents from the constituency. Some of them have been opportune to get into the Nigerian League, earning their own income and following their dreams.

    I thank God for my constituents for understanding and supporting me in the House.

     In Ogun State, do you see the party still pulling the strings in the next election?

    A lot of people have been saying all sorts but, if you come to Ogun State, you will see that the infrastructural development in the state is second to none. I am not saying previous administrations did not perform, nevertheless Governor Ibikunle Amosun has taken infrastructural development of Ogun State to a greater height. Ogun state under his leadership has become the industrial hub of the South West. The number of industries in Ogun State has increased exponentially and this has brought economic development to the state. With all these laudable achievements by the APC government of Ibikunle Amosun coupled with various empowerment programmes and support from other elected members at the National and State

    House of Assemblies, I can tell you confidently that APC will continue in power come 2019 in Ogun State.

     

  • Senate slams critics of its passed Bills  

    The Senate Tuesday warned critics of Bills passed by the National Assembly to desist from misinterpreting such Bills.

    The warning may not be unconnected with the ruling of a Federal High Court which restrained it from taking further action on the controversial Electoral Act amendment Bill, 2018.

    The upper chamber noted that such alleged misinterpretations of passed Bills, “breeds roadside Appeal and Supreme Courts entities who always see Bills passed by the National Assembly as either self-serving or infractions on extant laws of the land.”

    It said that the critics, most often than not fail to participate in the process of passing the Bills even when opportunities are created for participation.

    Making the warning in his remarks at the one day public hearing organised by the Senate Committee on Judiciary, Human Rights and Legal Matters on three separate bills,   the

    Senate President, Abubakar Bukola Saraki made the remarks at a public hearing organized by the Senate Committee on Judiciary, Human Rights and Legal Matters for then consideration of three Bills.

    Saraki noted that it was unfortunate that critics of Bills passed by the National Assembly were never present at legislative forums for the necessary cross fertilisation of ideas.

    Represented at the event by Deputy Senate Leader, Senator Bala Ibn Na’Allah, Saraki said that the Senate does not take preconceived position on the Bills before they are passed.

    He listed the Bills as Legal Practitioners Act (Amendment) Bill 2018; Data Protection Bill and Facial Mutilation Prohibition Bill.

    He said, “No particular position has been taken in respect of these bills. Relevant stakeholders were invited to make input to the Bills but unfortunately ardent critics of laws made by us are not here to make their inputs.

    “These critics are no doubt, roadside appeal misinterpreting our laws and by extension turning the decision of the National Assembly upside down as being experienced with one of the bills recently passed and being litigated against.

    “Our appeal to these critics is to stop misinterpreting our laws and make themselves available at the public hearing stage of passing such laws.”

    Attorney General of the Federation (AGF) Abubakar Malami was absent at the public hearing.

    Malami was represented by Barrister Yusuf Abdullahi from the Office of the AGF.

    Chairman of the Committee, Senator David Umoru asked Abdullahi why the AGF was absent from the event

    Abdullahi told the committee that the AGF went to court in respect of the litigation against the Electoral Amendment Bill 2018.

    He said the AGF Office has a contrary view on the intendment of the Legal Practitioners Act (Amendment) Bill.

    He noted that it is the view of the AGF Office that certain clauses in the Bill would affect the operation of state counsels.

    President of the Nigeria Bar Association (NBA) Abubakar Mahmoud (SAN), however said that proposed amendments to the Act were necessary to address the archaic nature of the Act having been enacted in 1962.

    He said, “The move by the Senate to amend the Legal Practitioners Act through an amendment Bill is a welcome development because to us, that would help in bringing the needed reforms  for the review of regulation of the legal profession.”

    Read Also: Senate passes National Transport Commission Bill

     

  • National Assembly lacks power to fix election dates

    Lagos lawyer Femi Falana (SAN) argues that going by the provisions of the constitution, which is superior to the Electoral Act, only the Independent National Electoral Commission (INEC) can fix election dates

    Since the return to democratic rule in 1999, the Independent National Electoral Commission (INEC) has conducted the general elections on a two-tier or three-tier basis. Even though the national assembly had attempted in the past to use the Electoral Act to alter the sequence of elections fixed by the INEC it did not succeed. In spite of the ongoing controversy surrounding the sequence of elections our recent experience as a nation has shown that there is nothing sacrosanct about it. In 1999 and 2007 the presidential election came up last while it came up first in 2015.  In influencing the order of elections in 2015 the ruling party had thought that holding the presidential election first would have bandwagon effect on the outcome of the other elections. But the result was a disaster for the ruling party.

    It has equally been confirmed that when elections into the legislative houses were held before other election in the past majority of sitting legislators lost their seats.  So, there is no indication that President Mohammadu Buhari stands to benefit electorally from the decision of the INEC to retain the 2015 sequence of elections. But notwithstanding the reactions of the presidency and the national assembly to the sequence of elections announced by the INEC it is pertinent to review the relevant provisions of the Constitution, the Electoral Act and judicial authorities on the vexed issue.

    In preparations for the 2019 general elections the INEC recently released a timetable for party primaries and the elections into the various offices in exercise of its powers under Sections 76, 116, 132 and 178 as well as paragraph 15 of Part 1 of the Third Schedule made pursuant to section 153 (1) of the Constitution. Under the arrangement the presidential and national assembly elections will be held on February 16, 2019 while the governorship and house of assembly elections will take place on March 2, 2019.  But in the Electoral Bill 2018 recently passed by the national assembly the sequence of the general elections has been altered. The sequence of proposed by the new amendment is A. National Assembly Election, B. Governorship and State Assembly Elections and C. Presidential Election.

    No doubt, the matter has generated a needless controversy to the extent that little or no attention is paid to the other provisions of the Electoral Bill which have the capacity to promote internal democracy and enhance the credibility of the electoral process. Perhaps not aware of the state of the law the INEC has announced its intention to approach the Supreme Court to test the constitutional validity of the Electoral Bill 2018 if it is eventually signed into law by the President. Since there are indications that the President may withhold his assent in the circumstance, the national assembly has threatened to override his veto.

    Having watched the trend of the debate it is regrettable to note that the parties involved in the dispute have not studied the decision of the Court of Appeal in the case of National Assembly v. President (2003) 9 NWLR (PT 824) 104 at 143-144. In that case, President Obasanjo had refused to assent to the Electoral Bill 2002 which had been passed by both Chambers of the National Assembly and transmitted to him June 24, 2002. Subsequently, by a motion of veto-override the national assembly passed the bill into law. In an originating summons filed at the Federal High Court the INEC challenged the validity of the passage of the Bill into law and the constitutionality of Section 15 of the Act which had provided that general elections shall be held in one day.

    The trial court held that the Bill was properly passed into law but that Section 15 thereof was inconsistent with Sections 76, 116, 132 and 178 of the Constitution. Dissatisfied with the annulment of Section 15 of the Electoral Act, the national assembly filed an appeal at the Court of Appeal. On his own part, the Attorney-General of the Federation filed a cross appeal to challenge the passage of the Bill into law. In its judgment the Court of Appeal held that the manner of passing the bill into was unconstitutional but declined to set it aside on ground of public policy as the 2003 general elections were being conducted under the law. However, the Court of Appeal affirmed the decision of the Federal High Court on the illegality of Section 15 of the Electoral Act.

    In his contribution to the judgment of the Court, Oduyemi J.C.A (as he then was) stated that ”in so far as Section 15 of the Electoral Act, 2002 seeks to fetter that discretion and limit the 3rdDefendant to only one day in the year for all elections to the offices concerned, that provision of the Act is inconsistent with the provisions of the Constitution above referred to and is to that extent a nullity. Section 1(3) of the Constitution… All in all, I agree with the reasoning in the judgment of the lower court and with the conclusion in the judgment that Section 15 of the Electoral Act, 2002 is inconsistent with the specific provisions of the Constitution of the Federal Republic of Nigeria, 1999 in Section 132(1), 76(1), 178(1), 116(1), 78, 118 and Item 15(a) of the 3rd Schedule: that it infringes upon the absolute discretion vested by the Constitution on the 3rdRespondent with regard to the fixing of dates for election into the various offices concerned.”

    However, the national assembly took advantage of the 2010 Alteration of the Constitution to attempt to overrule the judgment of the Court of Appeal in the case of the National Assembly v. The President (supra). Thus, in the first alteration made to the Constitution, the national assembly amended sections 132(1), 76(1), 178(1), 116(1), 118 and 178 of the Constitution by adding the phrase ”in accordance with the Electoral Act”. Although the power of the INEC to ”organize, undertake and supervise” the general elections conferred on it by paragraph 15 of part 1 of the third schedule made pursuant to section 153 of the Constitution was left intact, the national assembly members erroneously believed that they had conferred on themselves the power to fix the dates for general elections in Nigeria. Hence, in the 2018 Electoral Bill, the national assembly is alleged to have tampered with the discretion of the INEC to fix the dates for the 2019 general elections.

    Apart from the illegality of subjecting the provisions of the Constitution to the Electoral Act, the Alteration of the Constitution did not confer on the national assembly the power of fix dates for holding the general election in Nigeria. To that extent, the national assembly cannot use the Electoral Act to usurp the powers exclusively conferred on the INEC to appoint dates for holding the general elections in the country. Indeed, the Supreme Court has had cause, after the first 2010 Alteration of the Constitution, to confirm the discretionary power of the INEC to fix the dates for holding the general elections.

    In PDP V. SYLVA (2012) 13 NWLR (PT 1316) 85 the respondent challenged the decision of the INEC to cancel and reschedule the 2012 governorship election in Bayelsa State. In dismissing the contention the Supreme Court (per Rhodes Vivour JSC) held that ‘’INEC has the sole responsibility to fix dates for election and to my mind if INEC fixes a date for elections and for whatever reason, be it logistic, I do not think anyone has a cause of action against INEC for canceling an election (not held) and rescheduling elections for another day’’.

    Similarly, in NDP V INEC (2013) 20 WRN 1 at 45 the Supreme Court (per Ariwoola J.S.C.) held that ”It is not in doubt that the Independent National Electoral Commission (INEC) that is, the respondent, has the sole responsibility to decide when elections are to hold. See Peoples Democratic Party v Timipre Sylva & Ors (2012) 13 NWLR (Pt 1316) 85 at 122. The respondent also reserves the prerogative to decide what Timetable to of Activities to publish for a General Election.”   Furthermore, in Hon. James Abiodun Faleke v INEC (2016) 50 WRN 1 the Supreme Court reiterated the view that by virtue of paragraph 15 of Part 1 of the Third Schedule made pursuant to section 153 (1) (f) and (i) of the Constitution, the Independent National Electoral Commission has power to organize, undertake and supervise all elections to the offices of the President, Vice President, the Governor and Deputy Governor of a State and the membership of the Senate, the House of Representatives and the House of Assembly of each state of the Federation.

    No doubt, the national assembly would have achieved its objective if it had incorporated the sequence of the general elections in the Constitution. But by providing that the INEC shall fix election dates ”in accordance with the Electoral Act” the interference in the exercise of the discretionary power of INEC’s constitutional power to fix the dates for the elections cannot be justified in law. As far as the Constitution is concerned, the power of the INEC to organize, undertake and supervise the elections which has been interpreted to include the power to fix the dates for the general elections or determine the sequence of the elections has not been altered in any material particular.

    It is the height of legislative absurdity to say that the power donated to the INEC by the Constitution shall be exercised in accordance with the provision of an inferior legislation. InAttorney-General, Abia State v. Attorney-General of the Federation (2002) 1 WRN 1 at 45 Kutigi CJN (as he then was) held that ”where the provision in the Act is within the legislative powers of the National Assembly but the Constitution is found to have already made the same or similar provision, then the new provision will be regarded as invalid for duplication and/or inconsistency and therefore inoperative. The same fate will befall any provision of the Act which seeks to enlarge, curtail or alter any existing provision of the Constitution. The provision or provisions will be treated as unconstitutional and therefore null and void.”

    From the foregoing, it is submitted that the interference in the exercise of the powers of the INEC to appoint dates for holding the general election in Nigeria is illegal as the provision of the Electoral Bill, 2018 is inconsistent with Sections 76,116,132 and 178 of the Constitution. To the extent of such inconsistency, the provision of the Electoral Bill is illegal, null and void as stipulated by section 1 (3) of the Constitution. In other words, since the INEC has been empowered to organize, undertake and supervise all elections the National Assembly cannot rely on the provision of the Electoral Act to usurp the powers of the INEC to fix the dates for the elections. In view of the settled position of the law the INEC should not waste public funds by rushing to the Supreme Court to contest its own constitutional duty to organize, undertake and supervise the 2019 general elections.

  • Cautious optimism over proposed ban on palm oil import

    Prompted by the need to boost local production and halt the huge import bill for palm oil, valued  at N116.3 billion in 2017, the National Assembly has renewed the push to ban the importation of palm oil and its allied products. It is envisaged that this will conserve foreign exchange, create jobs and boost the economic diversification agenda. However, with palm oil refineries operating at 30 per cent installed capacity, there are fears that without first addressing the product’s demand/supply gap, the proposed ban will amount to putting the cart before the horse, Assistant Editor CHIKODI OKEREOCHA reports.

    The Senate has renewed the call to ban the importation of palm oil and its allied products. It came at an auspicious time, which was perhaps, why it enjoyed an overwhelming support of members of the Upper Chamber of the National Assembly and indeed, operators and stakeholders in the palm oil value chain.

    Although the fresh push to ban the importation of the product came at a time the Federal Government’s diversification agenda, anchored on increased agricultural production and export, was gathering momentum, the move has come under scrutiny by some experts and critical stakeholders.

    Some of them, who spoke with The Nation, described the proposed ban as a welcome development. They were, however, quick to point out that at the 30 per cent installed capacity of the crude palm oil refineries, banning the importation of the product without first addressing its demand/supply gap would be tantamount to putting the cart before the horse

    For instance, General Manager, External Affairs, PZ Cussons Nigeria Plc, Mr. Muhammed Tahir, said he supported the move to ban the importation of palm oil into the country as this would boost local production. He, however, told The Nation that  the crude palm oil refineries operate at about 30 per cent installed capacity.

    The implication of this, he said, was that there was the need to ramp up local production by addressing the issues around the supply of crude palm oil to the refineries. According to him, at 30 per cent installed capacity, the refineries cannot meet demand by individual and industrial users. To him, addressing the demand and supply gap for palm oil is important before banning its import.

    The upper chamber of the National Assembly, recently started fresh move to ban the import of palm oil and its allied products. Waxing patriotic, Senator Francis Alimikhena of the All Progressives Congress (APC), Edo State, said the importation of the product was a threat to the government’s campaign on diversification.

    The lawmaker, who sponsored the motion, titled: “Urgent need to halt the importation of palm oil and its allied products to protect palm oil industry in Nigeria” and also led the debate, recalled with nostalgia that Nigeria, before the 1970s, was a global powerhouse in palm oil production and export.

    Alimikhena, however, lamented that the country lost her leadership position in the global palm oil trade, forcing her to import about 450, 000 tons of palm oil to the tune of N116.3 billion in 2017 alone. He, therefore, insisted that the government must reverse this trend.

    The lawmaker was right. Nigeria was the world leading producer of palm oil in the 1950s and mid-1960s. She was reportedly supplying about 645,000 Metric Tons (MT) of palm oil yearly to markets across the world and boasting an enviable global market share of about 43 per cent.

    Palm oil alone accounted for 80 per cent of Nigeria’s export earnings. It also created millions of direct and indirect employment opportunities for Nigerians. Malaysia, one of the Asian emerging markets, was even said to have obtained the oil palm seedling with which she built her thriving oil palm business from Nigeria.

    Although the Asian Tiger has since refuted this claim, it, nonetheless, underscored Nigeria’s towering status and visibility in the global palm oil industry. Curiously, from controlling over 40 per cent market share, Nigeria has since lost her grip on the business. She  accounts for a paltry seven per cent of total output.

    Malaysia and Indonesia have since surpassed Nigeria as world’s leading palm oil producers and exporters, retaining the second and first position, respectively. Sadly, Nigeria, as at 2016, fell to an unenviable fifth position.

    While Indonesia produces 32 million tons of palm oil, Malaysia boasts 17.7 million tons. And they have been exporting palm oil products to Nigeria. The country, which was once the bride of the international palm oil business, is now a net importer of palm oil to meet her growing domestic demand.

    Africa’s largest economy has between 450, 000 and 500, 000 tons annual palm oil supply shortage, made up of about 300, 000 tons of Technical Palm Oil (TPO) for the production of soap and about 200, 000 tons of Special Palm Oil (SPO) used in the food industry.

    The fact that much of these are  being met through imports, with the attendant humongous loss to Nigeria in foreign exchange is something Alimikhena and, indeed, other concerned stakeholders cannot comprehend hence the current wave of campaign to reverse the trend.

     

    Private operators support ban

    This time, the public sector (Senate) is in the vanguard of the renewed push to return Nigeria to its glory in palm oil production and export. However, the imperative of repositioning the sector to contribute to diversification is not lost on the private sector, which includes farmers, refinery operators and companies that utilise palm oil as raw material for production.

    To them, the proposed ban bode well with the private sector’s age-long agitation to embrace the Backward Integration Policy (BIP) to encourage local production and ultimately, create jobs and conserve foreign exchange. This was why, for instance, the Plantation Owners Forum of Nigeria (POFN) has thrown its weight behind the move.

    The Forum through its Executive Secretary, Mr. Fatai Afolabi, said the Senate’s move deserved the commendation and support of all Nigerians. According to him, the importation of palm oil and allied palm products were threats to Federal Government’s campaign on diversification of the economy through increased agricultural production and exports.

    Afolabi was particularly peeved that Nigeria, which once held sway in palm oil production and export, imported about 450,000 tons of the product valued at N116.3 billion last year. He, therefore, urged the Federal Government to halt the importation in order to boost local production.

    As far as POFN and indeed, other private sector operators are concerned, Nigeria has no reason spending scarce resources importing the product when Mother Nature has strategically positioned her to call the shot in global palm oil production and export.

    For one, Nigeria and indeed, most parts of Africa, especially West Africa, lie in the world’s oil palm belt – a region which produces the best results for oil palm plantations. Also, she was, and is still, endowed with enormous human resources and fertile arable land to support large scale cultivation of palm oil.

    According to experts, Nigeria’s all-year-round hot weather, a lot of sunshine, abundant rain, rich, deep, flat and permeable soil, among others, are some of the features that make Nigeria most suitable for cultivation of oil palm plantations.

    While hot temperatures allow the oil palm to grow many leaves and, as a result, produce more fruit, oil palms need a lot of sunshine to grow well. It also needs access to water and mineral salts deep in the soil to do well hence the need for a permeable soil like Nigeria’s.

    But, sadly, the country has evidently failed to translate these huge advantages into maintaining a strong position in palm oil production and export.

     

    Where Nigeria got it wrong

    According to experts, Nigeria put the wrong foot forward and lost its economic bearing when she turned her back on agriculture following the discovery of crude oil in commercial quantity in the 70s. Before independence, agriculture was Nigeria’s economic mainstay, with more than 70 per cent of the population engaged in the sector.

    Alimikhena observed, for instance, that apart from various food crops produced in the country, Nigeria was a major producer of palm oil/kernel, cocoa, groundnut and rubber. But following the discovery of crude oil in commercial quantity, agriculture was neglected, while attention was shifted to oil.

    While acknowledging that Nigeria is endowed with the land and manpower to boost palm oil production, the lawmaker noted that the focus should be directed towards returning to pre-independence status in palm oil production. “We have no business importing palm kernel or any oil palm product from any country,” he pointed out.

    Alimikhena said the focus should be directed towards returning Nigeria to pre-independence status in palm oil production, noting that importation was hurting the local palm industry and depleting the nation’s foreign reserve.

    He also said it was threatening the industry’s viability into which many Nigerians have sunk huge sums of money in support of government’s export promotion drive. He expressed hope that if the palm oil industry is fully developed, it will guarantee mass employment and boost the nation’s foreign exchange earnings.

    Some of his colleagues in the Senate could not agree less, with Senator Theodore Orji (Abia-PDP), saying, for instance, that there was need to establish a special fund to encourage local production of palm oil.

    Orji expressed concern that many oil production plants were moribund. While pointing out that palm oil used to be a major income ear      ner for the country, he said unfortunately many plants are dead.

    For Deputy Senate President Ike Ekweremadu, the importance of reviving the palm oil industry cannot be over-emphasised. He, therefore, said there was need to properly position the sector to play its role as one of the major income earners for the country. He added that reviving the sector will boost employment.

    However, those  critical of the fresh move to ban the importation doubt if the Federal Government has the political will to do so let alone follow up with the introduction of policies targeted at encouraging local production.

  • Soyinka condemns spate of killings, kidnappings in Nigeria

    Nobel Laureate, Prof. Wole Soyinka, on Thursday condemned the spate of killings and kidnappings in several parts of the country.

    Soyinka made the condemnation in Lagos while speaking at a programme “The Ripples Dialogue: Rebuilding a Divided Nigeria.”

    He described wanton killings of innocent Nigerians by criminals and herdsmen as “homicidal fiesta”, saying the situation was unfortunate.

    Soyinka said the government’s response to the security challenges was poor, especially those associated with herdsmen.

    He said it was bad for herdsmen to invade and kill people across communities in the country to graze their cattle.

    “The Lake Chad Basin is receding.The water is drying up. But that should not be a reason for herdsmen to attack people in Bayelsa, down in Oyo and Ogun, that should never be an excuse,”he said.

    Soyinka also condemned the abduction of school girls in Daphchi in Yobe State by Boko Haram members .

    He said that the abduction would have been prevented if those saddled with ensuring security in the school had done the right thing.

    The Nobel laureate described Boko Haram as “blood sucking “, saying their activities are a threat to humanity.

    On  the myriads of problems facing the country, Soyinka said Nigeria would be a better country if leaders were committed to service and the welfare of the people.

    The Nobel Laureate, however, said the followership also had its share of blame for some of the problems.

    He said working nations were not built by leaders alone but by good followers too.

    On the “shit hole” remark made by President Donald Trump about Nigeria and some other countries, Soyinka said the American president latched on the numerous problems in the country.

    According to him, if Nigerians had made the country work, Trump would not have had the opportunity to use such derogatory term to refer to the country.

    Soyinka, however, said he was not disappointed by President Trump’s  comment as he had always seen him as not fit for the office.

    The Nobel laurate condemned a bill being proposed by the National Assembly prescribing death penalty for those who made hate speeches.

    He said the bill was an attempt by the lawmakers to silence speech so that they could be immune to  scathing criticisms.

    While describing hate speeches as “dangerous and destructive”, he said hanging people was not the right  punishment.

    “Hate speech is bad and destructive, but do I want anybody hanged? No, I would rather want people shamed, “he said.

    Soyinka also urged the government at all levels to be alive to their responsibility.

    In his contribution, Dr Reuben Abati, immediate past  Special Adviser to former President Goodluck Jonathan on Media and Publicity, said there was a disconnect between leadership and followership in the country .

    He  attributed the disconnect to  the mistrust between the two, in the light of failure of leadership to deliver the goods.

    Abati urged  leaders to discharge their responsibilities to the people, not only to earn the trust of their followers, but also to promote the development in the country.

    NAN

  • EU seeks ways to bridge Nigeria’s gender gap

    The Head of the EU Delegation to Nigeria and ECOWAS, Mr Ketil Karlsen, said on Wednesday that the union was seeking ways to bridge gender gap in Nigeria, ahead of the country’s general elections next year.

    A statement by the press officer to the delegation, Mr Modestus Chukwulaka, in Abuja quoted Karlsen as saying that “the EU is committed to seeing more Nigerian women participate in politics”.

    Karlsen said the EU was putting measures in place to ensure active involvement of women in politics in the country.

    He said that to this end, the EU was organising a one-day seminar to mark the International Women’s Month, in Abuja, which he said would focus attention on women’s participation in politics in Nigeria.

    He said that the seminar, scheduled to take place on March 23 would discuss how Nigeria’s leadership selection process could be made more inclusive to accommodate women.

    Participants, according to him, will explore ways in which women can be empowered to succeed in party primaries and in elections.

    He said that they would also discuss how the playing field could be levelled and made less hostile to female candidates.

    Chukwulaka said that the seminar, with theme: “How Do Women Win Elections in 2019?’’, would draw participants from the National Assembly, civil society and female politicians.

    According to him, the EU has been working with governments, institutions and civil society actors to bridge the gender gaps in Nigeria.

    “The EU has been supporting programmes, aimed at empowering girls and women, protecting their rights, transforming their lives and strengthening their voice as drivers of sustainable development.

    “Less than five per cent of Nigeria’s 469-member National Assembly is women.

    “The event will allow us to reflect on and celebrate the progress made towards full attainment of women’s rights as well as to build momentum and support for further action,” Karlsen said.

    NAN

  • Buhari and the National Assembly

    The gulf between the Presidency and the National Assembly widened yesterday.

    President Muhammadu Buhari may have drawn the battle line with the parliament. The bone of contention is the Election Sequence Adjustment Bill, which the lawmakers passed  despite the criticisms that trailed it.

    The President has refused to assent to the bill, making its fate to hang in the balance. But, not for long. According to the constitution, the bill will revert to the National Assembly, following the withholding of the critical presidential assent. Should the National Assembly override the presidential veto, the frosty relationship will continue. It is not in the interest of the ruling All Progressives Congress (APC). It will not be in national interest.

    Tempers rose in the chambers when the bill was introduced. The National Assembly began the debate on it after the Independent National Electoral Commission (INEC) released the time table for next year’s general elections. Whose agenda is the bill serving?

    Many critics have insinuated that the motive of those behind the bill is to make the electoral commission to retrace its steps and reorder the election timetable so that the presidential election will come last. It was speculated that after the parliamentary and governorship elections have been completed, forces against President Buhari will swing into action and abort his second term bid. Instructively, the President is yet to unfold any re-election bid. But Senator Abdullahi Adamu from Nasarawa State is adamant that the bill is targeted at the president’s second term ambition.

    A few weeks ago, the umpire raised the alarm that the bill came late, stressing that its retroactive implementation might throw spanners in its plans for the elections. Irked by the scenario, former INEC Chairman Attahiru Jega, advised his successor, Prof. Mahmud Yakubu, to go to court to seek legal interpretation.

    What is worrisome to observers is that the ruling party has majority in the National Assembly.  Why are APC senators, now supported by their Peoples Democratic Party (PDP) colleagues, at war with the president under the guise of separation of powers? Is a special reconciliation not necessary now between the APC-Presidency and the APC-dominated National Assembly? Where will the acrimony lead the party to?

    When the legislature, the first and the most important organ of government is at loggerheads with the so-called power-loaded executive, is the eclipse of democracy not imminent?

    The party is battling with many crises in an election year. Its troubled state chapters are on the edge. Some founding fathers are complaining that they have been sidelined.  Calls for congresses and convention and resistance to the legitimate clamour have boxed party supporters into anxiety. Is APC being indirectly subverted or undermined to deliberately weaken and decimate it? Are some APC stalwarts bent on reinventing the strategy that led to the mass exodus from the PDP, ahead of 2015 elections?

    The weakness of the party leadership is underscored by its aloofness, its lack of capacity to restore order into a state of pandemonium and lack of skill for crisis resolution. Indeed, the leadership may have become an albatross to the political family. What is the position of the party, for example, on the contentious bill? Where is the party caucus? How can the party be supreme when the party caucus is ineffective? How can a party avert indiscipline and promote consensus building when such a towering party organ is dormant? How can a party position be canvassed when there is none?

    The party caucus should be the conscience of the party. It is an avenue for closing communication gaps and intra-party ventilating grievances. It is a forum for the articulation of party positions. It is an arena for projecting party policies and programmes, and motivating members to support the government.

    Party language is spoken by members at the caucus. Decisions are collectively taken and defended afterwards. Although senators elected on a party platform have the constitutional right to engage issues on the floor, negation of the party directive will be tantamount to indiscipline and anti-party activities.

    Many things are wrong with the APC. It is not laying a good example for other parties.

     

  • National Assembly passes NFIU Bill to save Nigeria, says Saraki

    National Assembly passes NFIU Bill to save Nigeria, says Saraki

    •’13 Executive nominees rejected in two years’

    The prompt passage of the Nigerian Financial Intelligence Unit (NFIU) Bill by the National Assembly will facilitate the country’s readmission into the EGMONT Group rather than being expelled, Senate President Bukola Saraki has said

    He said the Bill, when assented to, will make the NFIU an independent entity and also help the country in the fight against corruption.

    Saraki spoke following the adoption of the Conference Committee Report on the NFIU by the Senate.

    According to the amended Act, the NFIU will now be domiciled with the Central Bank of Nigeria (CBN) instead of the Economic and Financial Crimes Commission (EFCC), a situation that led to Nigeria’s suspension from the EGMONT Group.

    After suspending Nigeria, the Egmont Group had demanded that the NFIU should be pulled out of the EFCC, among other requirements.

    The Bill was earlier passed by the House of Representatives on Tuesday.

    Saraki, in his remarks, thanked Chairman of the Senate Committee on Anti-Corruption Senator Chukwuka Utazi and senators for their work on the Bill and said their action will ensure that Nigeria remains a member of the EGMONT Group.

    Saraki said: “I hope that with this (NFIU) Bill that we have passed today, that they will have a second view and re-admit us (Nigeria) into the process (EGMONT Group).

    “I hope on the part of the Executive, they will quickly assent to this Bill and also ensure that the independence of the financial unit goes beyond just signing this Bill into law.

    “It is important that we see it being practised — this is very important. I hope on their part, this will be done so that our country stays as part of the EGMONT Group that has a lot of benefits for our fight against corruption. I thank you all, my colleagues, for how quickly you responded to this. You came quickly to save the country.”

    Meanwhile, the Senate President said since the 8th Senate was inaugurated in June 2015, it has confirmed 227 out of 240 nominees that it received from the Executive.

    Speaking after the confirmation of Ibrahim Rufai Imam, as the new Grand Khadi of the Sharia Court of Appeal, Saraki said: “So far, we have treated about 240 confirmations here in the Senate, of which 227 have been affirmative and only 13 have been negative.

    “Sometimes, we get the impression that this Senate tends to say more ‘No’ than ‘Yes.’ But these numbers today show the level of cooperation that we will continue to give the Executive.”

     

  • N650bn debt: DAPPMAN calls off 14-day ultimatum

    N650bn debt: DAPPMAN calls off 14-day ultimatum

    The Depot and Petroleum Products Marketers Association of Nigeria ( DAPPMAN ) has called off its 14-day ultimatum earlier given to the Federal Government over N650 billion debt owed its members.

    The Executive Secretary of the Association, Mr Olufemi Adewole, called the 14-day ultimatum off in a statement in Lagos on Monday.

    On Feb. 20 DAPPMAN gave the Federal Government a 14-day ultimatum to settle a N650 billion debt owed its members or disengaged its workers.

    According to Adewole, following the 14-day ultimatum to commence staff disengagement given to government by DAPPMAN in the light of over N650 billion owed to petroleum marketers.

    “A series of constructive engagements and meetings were held with NNPC, Ministry of Labour, the Presidency and DAPPMAN/MOMAN.

    “Marketers have been reassured about the FGN’s commitment to make payment as evidenced by the request for approval for appropriation of same to the National Assembly.

    “It is our hope that this approval will be given promptly and these long overdue payments made subsequently,’’ he said.

    Adewole said that consequently, DAPPMAN/MOMAN hereby suspend the issued 14 days ultimatum and use this medium to plead with all our staff under the various umbrella unions.

    He urged NARTO, PENGASSAN, NUPENG/PTD to please bear with them whilst the approval for appropriation by the NASS is being deliberated on and processed.

    The statement expressed the belief that it would not exceed two weeks in view of the adverse implications of any delays.
    It, however, said that all marketers were to ensure there was no disruption in the supply and distribution of petrol nationwide.

    “We thank all Nigerians for their understanding and support in many forms as always,’’ the statement said.

    NAN