Tag: Nigeria

  • You cannot waive your immunity for adjudication, Lawyer tells Osinbajo

    Dr Kayode Ajulo, a Constitutional Lawyer says Vice President Yemi Osinbajo cannot waive his constitutional immunity for adjudication of claims of libel and malicious falsehood against his person in the court

    Ajulo told the News Agency of Nigeria (NAN) on Thursday in Abuja against the backdrop of an alleged falsehood peddled in a newspaper by Mr Timi Frank and Mr Katch Onanuju against Osinbajo.

    News Agency of Nigeria (NAN) report that Osinbajo said he had instructed the commencement of a legal action against two individuals who put their names to the odious falsehood.

    Ajulo however said that the provisions of Section 308 of the Constitution of the Federal Republic of Nigeria 1999, as amended frowns at it.

    According to him, the implication of the foregoing provision of the law is that the person holding the office does not have the right to waive the immunity.

    “Because any of such waivers is ineffective as the immunity is not that of the person holding the office but of that particular office he represents during the tenure of the office.

    Read Also: Yemi Osinbajo, ‘incestuous’ bullies and tumours

    The lawyer said that the position further found backing in the use of the word “shall” which was the operative word in the section which admitted no discretion whatsoever.

    He said that the immunity granted to Osinbaji prescribed an absolute prohibition on the courts from entertaining any proceedings and civil or criminal in respect of any claim or relief against him.

    According to him, no question of waiver of the relevant immunity by the incumbent of the office concerned or indeed by the courts may therefore arise.

    “The court has laid it down as a rule that the time a person spends in office will not be reckon with in the calculation of time for the purpose of statute of limitation,’’ he said.

    Ajulo said the immunity clause remained of great antiquity in Nigeria’s nascent constitutional law jurisprudence.

    He said that the vestige of the doctrine of immunity in favour of the occupier of offices had always been a consistent feature of each successive constitutions of Nigeria.

    Ajulo however said that the only option available to the vice president in his bid to waive his immunity was to resign, adding that “Nigeria is not yet tired of the services of Osinbajo’’.

    (NAN)

  • BREAKING: $9.6b award: UK court orders stay of execution, demands $200m security deposit

    The English Commercial and Arbitration has ordered a stay of execution of the $9.6billion damages secured against Nigeria by Process and Industrial Developments (P&ID) pending the determination of an appeal by the Federal Government.

    It however asked the government to make a security payment of $200million to the court.

    The court also granted Nigeria’s leave to file an appeal against the award.

    P&ID secured the damages against Nigeria following a failed Gas Supply Project Agreement (GSPA) contract between it and the Federal Ministry of Petroleum Resources.

    A brief by the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN) from London said: “Stay of execution granted subject to payment of $200m  security payment to court pending the determination of the appeal the leave for which has been granted by the commercial court

    Read Also: Firms linked to P&ID ‘withdraw $700,000 in cash’

    “Application for leave to appeal against the award and enforcement of the award is granted.”

    The Nation had exclusively reported that the Federal Government had opted for a fight-to-the-finish legal battle against the Irish firm.

    The first leg of the war is applying for a stay of execution of the judgment when the court resumes later this month.

    It was also reported that applying for a stay of execution, the Federal Government will file an appeal against the judgment.

    Further findings by THE NATION revealed that the Act bars UK courts from attaching assets of a foreign state without the consent of the state.

    In an article, Quinn Emanuel Urquhart & Sullivan LLP (the largest law firm in the world devoted solely to business litigation and arbitration) said the Act allows a written consent of a foreign state before the enforcement of a judgment which could lead to seizure of assets or freezing of accounts.

    The March 20, 2019 article was titled “Sovereign Immunity in the United Kingdom—Lexology”

    The firm  said in part: “Section 13(2) of the Act provides that:(a) relief shall not be given against a State by way of injunction or order for specific performance or for the recovery of land or other property; and (b) the property of a State shall not be subject to any process for the enforcement of a judgment or arbitration award or, in an action in rem, for its arrest, detention or sale.

    “Pursuant to section 13 of the Act, state assets ‘shall not be subject to any process for the enforcement of a judgment or arbitration award or, in an action in rem, for [their] arrest, detention or sale’ unless the state has provided its written consent (see, for example, Gold Reserve Inc v Venezuela [2016] EWHC 153 (Comm), finding that Venezuela had submitted to arbitration in writing by entering into a bilateral investment treaty (BIT) with Canada) or the assets in question are ‘in use or intended for use for commercial purposes’ (section 13(2)-(4)). These provisions apply in respect to states alone as defined in section 14 of the Act, and do not therefore extend to separate entities (see question 8).

    “See Hazel Fox and Philippa Webb, The Law of State Immunity (Oxford University Press, Oxford 2015), pp. 504-5.

    “This provision is subject to sections 13(3) and 13(4) of the Act. Pursuant to section 13(3), a state may provide written consent to the grant of any relief against it. It follows that a state may consent to the grant of interim or injunctive relief against it; however, the mere submission to the jurisdiction of the UK courts does not constitute such consent.”

    Details shortly…

  • Rohr picks Azeez, Olayinka for Brazil game, as Omeruo, Abdullahi, Awaziem return

    Technical Adviser Gernot Rohr has invited midfielder Ramon Azeez and forward Peter Olayinka into Nigeria’s 23-man squad for the Oct. 13 friendly with five-times world champions Brazil in Singapore on Sunday.

    Ademola Olajire, Director of Communications, Nigeria Football Federation (NFF), disclosed in a statement on Thursday that Rohr is also having defenders Kenneth Omeruo, Abdullahi Shehu and Chidozie Awaziem back from injury.

    “Otherwise, the squad is largely unchanged from the side that was forced to a 2-2 draw by Ukraine in Dnipro on Sept. 10,’’ he said.

    Olajire said goalkeepers Francis Uzoho, Ikechukwu Ezenwa and Maduka Okoye were also retained in the squad.

    “But England-based Leon Balogun and Russia-based Bryan Idowu are however left out of those called up for the defence.’’

    The NFF spokesman said Azeez, a former under-20 national team captain now with Spanish La Liga side Granada was called up just as English side Leicester’s Kelechi Iheanacho was left out.

    “Girondins Bordeaux’s Joshua Maja will sit this one out, with his place taken by another new boy, Olayinka,’’ he said.

    Olajire disclosed further that England-based midfielder Wilfred Ndidi also returns after missing the Ukraine encounter with injury.

    “Alex Iwobi, Oghenekaro Etebo and Scotland-based Joseph Ayodele-Aribo, who scored on his debut against Ukraine, are all back in midfield, with Victor Osimhen, Samuel Chukwueze, Moses Simon, Samuel Kalu, Paul Onuachu and Emmanuel Dennis all back in the frontline.

    “Substantive captain Ahmed Musa is still down with injury,’’ he added.

    The News Agency of Nigeria (NAN) reports that all invited players are expected to arrive in Singapore on Oct. 9.

    Read Also: Brazil good test for Super Eagles, says Rohr

     

    Nigeria and Brazil will face each other at the Singapore National Stadium at Kallang in Singapore on Oct. 13.

    The clash is coming 23 years after Nigeria, on their way to winning Africa’s first Olympic football gold medal, spanked Brazil 4-3 after extra time in the Atlanta Games’ semi-finals.

    The match was played at the Athens Stadium in the State of Georgia, U.S.

    THE INVITED PLAYERS

    Goalkeepers: Francis Uzoho (Omonia FC, Cyprus); Ikechukwu Ezenwa (Heartland FC); Emil Maduka Okoye (Fortuna Dusseldorf, Germany)

    Defenders: Olaoluwa Aina (Torino FC, Italy); Abdullahi Shehu (Bursaspor FC, Turkey); Chidozie Awaziem (CD Leganes, Spain); William Ekong (Udinese FC, Italy); Kenneth Omeruo (CD Leganes, Spain); Jamilu Collins (SC Padeborn 07, Germany); Oluwasemilogo Ajayi (West Bromwich Albion, England)

    Midfielders: Alexander Iwobi (Everton FC, England); Anderson Esiti (PAOK Salonica, Greece); Oghenekaro Etebo (Stoke City FC, England); Wilfred Ndidi (Leicester City, England); Joseph Ayodele-Aribo (Glasgow Rangers, Scotland); Ramon Azeez (Granada FC, Spain)

    Forwards: Victor Osimhen (Lille OSC, France); Moses Simon (FC Nantes, France); Samuel Chukwueze (Villarreal FC, Spain); Samuel Kalu (Girondins Bordeaux, France); Paul Onuachu (KRC Genk, Belgium); Emmanuel Dennis (Club Brugge, Belgium); Peter Olayinka (SK Slavia Prague, Czech Republic).

    (NAN)

  • France pays tribute to former president Jacques Chirac

    France’s National Assembly and Senate stood in silence on Thursday to mark the death of former president Jacques Chirac.

    Chirac, who ruled France from 1995 to 2007, “is now part of France’s history,” National Assembly president Richard Ferrand said in an official statement.

    The conservative Chirac was best known abroad for his staunch opposition to the U.S.-led invasion of Iraq in 2003.

    At home, perhaps his greatest legacy was his acknowledgement, for the first time, of the French state’s role in the wartime round-up and arrest of Jewish people to Nazi death camps.

    But he also knew many political setbacks, including the 2005 rejection by French voters of a proposed constitution for the EU.

    Later the same year, he suffered a minor stroke, and in the closing months of the year the country saw severe rioting by frustrated youths from minority backgrounds.

    In 2011, he received a two-year suspended sentence over allegations that, as mayor of Paris in the 1990s, he put party members on the city payroll without them actually working.

    Tributes to the former president came from left and right, with Ferrand also recalling his commitment to arts and the environment.

    Read Also: France’s inhumanity to Africans

    “Personally, I cannot forget the last message he addressed to us when he left power, in which he exhorted the French people never to compromise with extremism, racism, anti-
    Semitism, or the rejection of others,” Ferrand wrote.

    Interior Minister Christophe Castaner spoke of “the strong emotion that touches, at this moment, the French people.”

    European Commission President Jean-Claude Juncker was “devastated” to hear of the death of Chirac, whom he counted as a great friend, a spokeswoman said.

    The leader of the EU executive has “no words to express his grief,” according to commission spokeswoman Mina Andreeva.

    Chirac, who suffered from severe memory problems, had disappeared from public life in recent years. His wife Bernadette, who survives him, has also faded from public view.

     

    (dpa/NAN)

  • Just in: Senate begins consideration of legislative agenda

    The Senate Thursday commenced the consideration of its Legislative Agenda.

    The Senate had on Wednesday received the report from its ad-hoc committee on the 9th Senate’s Legislative Agenda.

    Senator Adamu Aliero representing Kebbi Central Senatorial District, chaired the ad-hoc committee.

    Details later..

  • Jaha and his false compass on Boko Haram

    Interesting times have refused to go in Nigeria so much that I wondered how and why some individuals that rose to prominence through the goodwill of the people have now constituted themselves as a nuisance to the same people that voted them into office.  I must state that those that are elected as representatives of the people are most culpable in this regard.

     

    The case of Hon. Ahmadu Usman Jaha, a member representing Chibok, Damboa and Gwoza federal constituency in the House of Representatives is indeed a pathetic one and a vivid example of how politicians play to the gallery and at the detriment of the people.

     

    I say this after stumbling on a video during plenary where he stated that some wards in his federal constituency are still under the control of Boko Haram terrorists. I was a bit confused and wondered the areas he was indeed referring to given the fact that I am also conversant with  the happenings in Chibok, Dambao and Gwoza federal constituency.

     

    As the first line of action, I quickly made frantic calls to contacts in Borno state to verify the information that Hon Ahmadu Usman Jaha has just availed the country. But surprisingly my contacts in those areas wondered what I was trying to confirm because there was no such scenario in place. I was not satisfied.

     

    I also reached out to more and more people, and in one instance I had to mobilize a friend who was resident in Maiduguri to visit these areas to get the first-hand information for me, and guess what? He returned with the same response as those I earlier contacted and this time around told me not to dissipate energy on issues that concern Hon. Ahmadu Usman Jaha, as he is a known hypocrite and one of those that have benefitted from the system and also one of those that does not want an end to the insurgency so that he  can continue to smile to the bank.

     

    It was then that it dawned on me that I was indeed confronted with a mediocre individual that had thrived on exploiting the people for his selfish gains right from when he was a member of the State House of Assembly. To put in succinct terms, Hon Ahmadu Usman Jaha is such a cantankerous individual that is far from intelligence and one that is given to political and emotional blackmail when he wants his bread to be buttered.

     

    I recall in 2014 when he failed to clinch the APC ticket for the House of Representatives elections, he went to town badmouthing his political mentor, Senator Ali Ndume and threatening to work against the APC during the elections. An account stated that the disrespect so piqued senator Ali Ndume that he gave him some slaps for his despicable behaviour and utterances that did not contain an iota of truth.  That is the Ahmadu Usman Jaha for you.

     

    Read Also: How to avoid fire outbreaks, by experts

     

    So in a way, I wasn’t surprised when he went to town spreading half-truths about the occupation of some wards in his constituency by Boko Haram terrorists. I only suspected he was up to something in his usual cantankerous manner of raising false alarms, especially when his interest is not met. I can bet that if we dig further, we would realize that there is more to why Hon. Ahmadu Usman Jaha indeed raised this false alarm.

    As stated earlier, as one conversant with  how politicians have been exploiting the insurgency situation in North-East Nigeria, I know for a fact that the likes of Ahmadu Usman Jaha would do anything and everything possible to throw clogs in the wheels of progress as far as the insurgency in Borno state is concerned. For them, the status quo must remain.

     

    So in a way, some of us were not surprised when some months back, he gathered over 5,000 youths in Gwoza constituency and handed them shoe shining kits which came fully equipped with polish and brushes as a way of empowering the people.

     

    Wait for this? The situation is so pathetic that in Government Secondary School Ngoshe, in Chibok constituency, students learn under terrible conditions. When it is raining, the classrooms are flooded. When the sun shines, students take cover. Yes, this is the situation of things in the constituency of the self-acclaimed and self-righteous member of the federal house of representatives.

     

    The questions that require honest answers are: How many people in Jaha’s constituency have received scholarships in his name? How many schools in his constituency has Jaha renovated? How many books has Jaha bought for school kids? How many have learned trades like tailoring, mechanics, carpentry, or other better paying artisanal jobs? Your guess is as good as mine.

     

    This is more worrisome when it is realized that the same Hon Ahmadu Usman Jaha is  a former commissioner of Higher Education in Borno State until his recent political sojourn in the Federal House of Representatives to represent a people that he is part and parcel of their present predicament.

     

    I am afraid that the likes of Hon Ahmadu Usman Jaha are nothing but misfits and merchants of fortunes. They can go any length to protect their evil interest. They don’t care whose ox is gored. They speak from both sides of the mouth. Also, they feast on the commonwealth of the people with recklessness.

     

    I am not sure Hon Ahmadu Usman Jaha is such that should be taken seriously on the floor of the House of Representatives and by the generality of Nigerians given his antecedents. Mind you they have been in this business of spreading half-truths, and it has worked for them in Borno state. But whether it would work at the federal level remains to be seen given the level of political awareness and enlightenment at the centre.

     

    This first shot by Hon Ahamdu Usman Jaha, in my opinion, is more like testing the waters to see if it would be business as usual. However, I dare say this is the wrong environment for him and his travellers. The politics of Borno should remain in Borno.

     

    Ainoko is a public affairs commentator and wrote this piece from Kaduna.

     

  • Kogi Guber: No Plan to Step Down – Bamaiyi

    Ahead of the November Governorship election in Kogi, Mr Umar Bamaiyi of the All Blending Party (ABP) says he has no plan to step down for any candidates contesting the election.

    Bamaiyi stated this in a statement made available to the News Agency of Nigeria (NAN) in Lagos State on Thursday.

    According to Bamaiyi, he will not be intimidated by moneybag politicians to jettison his governorship ambition or support the PDP candidate as reported by some sections of the media.

    Bamaiyi said the mandate he was pursuing was sacrosanct to the development of the state, as such reports of his adoption of a consensus candidate was untrue.

    He said there was no plan or any arrangement for him to step down for any candidate, advising that such report should be disregarded.

    “I have a passion to fix Kogi, which has been there since I was younger. I am working on how this state can achieve the desired greatness.

    “I am propelled by the appalling situation of this state that in spite of its abundance, we are yet to achieve anything; the older generation has failed the state.

    “I am aware of some governorship candidates stepping down or the coalition of political parties having a consensus candidate. I won’t step down for anybody, because we don’t have anything in common.

    “We are in the injury time before the election, so no stepping down. I am not scared, my desire to fix Kogi was the driving point of my governorship ambition,’’ Bamaiyi stressed. (NAN)

  • NBC fines 20 stations in second quarter of 2019

    Twenty stations violated the nation’s broadcasting codes in the second quarter of 2019, the National Broadcasting Commission (NBC) has said.

    The stations were fined for breaching the provisions of the broadcasting code on hate speech.

    A breakdown of the offences, which were allegedly committed between April and June, according to NBC’s Director General Is’haq Modibbo Kawu, include breaching broadcasting code on hate speech, use of vulgar lyrics and obscene content.

    Kawu berated African Independent Television (AIT) for defying all actions to ensure compliance with the Nigeria Broadcasting Code.

    Sections of the breached codes are: Section 1.16.1(f): The law of contempt, relating to matter pending before law court’s, and Section 5.1.12: News and current affairs programme shall be guided by the ethical standards of journalism.

    Kaduna Zone recorded the highest in obscenity, while Abuja Zone topped the chart in hate speech.

    In the area of unverified claims, the Ibadan Zone recorded the highest.

    On fines meted out to the errant stations, Abuja Zone recorded the highest with 47.17 per cent, Ibadan Zone came second with 15.09 per cent and Benin came third with 13.22 per cent while the lowest was Enugu Zone with 1.89 per cent.

    Forty-five stations were fined in the first quarter of the year for similar offences.

    Addressing reporters on the second quarter monitoring of broadcast stations’ profile, Kawu said: “Coming shortly after the National and State Elections in the first quarter of the year, the report indicates that though there is a drop in breaches related to hateful, abusive and inflammatory broadcast, which peaked during the elections, and for which as many as 45 stations were fined, the second quarter indicates that the trend has continued among certain stations, especially in political programmes.

    “Therefore, 20 stations were fined in the second quarter for breaching provisions of the Nigeria Broadcasting Code on hate speech.

    “Other breaches were in the area of Obscene and Vulgar Lyrics – 10 stations were fined for infractions related to use of vulgar lyrics and obscene content. It is worth mentioning that the programme, Big Brother Naija (BBN4) was cautioned against unwholesome content on its broadcast.

    “Use of unsubstantiated and misleading claims by advertisers, especially trado-medic advertising, also dropped significantly from the last quarter, but a total of 30 stations were fined for infractions related to same.

    “Ten broadcast stations were fined for breaches related to station announcers turning themselves into advertisers, hypers and promoters of products.”

    On AIT, Kawu said: “Our monitoring activities indicate that some stations, especially AIT, are deliberately meddling in the cases before the election tribunal. It is trite knowledge that the media cannot comment on or discuss the details of any matter in court. The Broadcast Code in Section 1.16.1(f) requires all broadcasters to comply with the law of contempt relating to matters pending before the law courts.”

  • El-Rufai goes to school

    It was an audacious pronouncement. In a state broadcast in December, 2017, the Kaduna State Governor, Mallam Nasir el-Rufai, had made a pledge to the people of the state that “I will by personal example ensure that my son that will be six years old in 2019 will be enrolled in a public school in Kaduna State by God’s grace.” The governor urged other public officers in the state to do likewise to demonstrate his administration’s determination and sincere commitment “to fix public education and raise their standards so that private education will become only a luxury”.

    This week, Governor el-Rufai proved that his promise was not just the empty rhetoric often associated with politicians. In an unusual and commendable move, he has enrolled his son, Abubakar, Al-Saddique el-Rufai in primary one at the Capital School, Malali, Kaduna State. Some cynics have referred sarcastically to the fanfare that attended young Abubakar el-Rufai’s going to school with all the media hype it attracted in comparison to other less privileged children who started school across the state in relative anonymity.

    Well, the child of the first citizen of the state can surely not be registered to commence his primary education in a public school, a practice against the prevalent norm, without attracting considerable attention. This is returning to the example of statesmen like Chief Obafemi Awolowo and Alhaji Lateef Jakande, in the first and second republics, respectively, whose children attended public schools even when their fathers held high political offices.

    Read Also: El-Rufai’s son public school enrolment, deceptive game for 2023 – Shehu Sani

    Even then, that was a period when there was still a lot of confidence in public schools and they compared favourably with private ones. Given the level of gross deterioration of public education at all levels in contemporary Nigeria, el-Rufai’s example is a remarkable and refreshing one.

    The el-Rufai administration in Kaduna State has taken commendable steps to re-position education in the state and transform the sector into an efficient and effective vehicle for achieving rapid development. Sometimes it has had to take courageous but painful decisions in this regard. For instance, the administration introduced proficiency tests for primary school teachers and had no option but to weed out those who were patently ill-equipped to impart qualitative education to pupils. In their place, 25,000 new qualified teachers were recruited to raise the quality of instruction in primary schools, the foundational level of education.

    In recognition of the critical role of education in extricating the state from debilitating poverty and underdevelopment, the el-Rufai administration declared the first nine years of schooling free for boys and the whole 12 years of primary and secondary education free for girls, thus doubling school enrolment from 1.1 million to nearly 2.1 million in the state. And through the Kaduna State Universal Education Board, the government has embarked on a massive school rehabilitation programme with humongous funds committed to the provision of modern classrooms, furniture, water, and toilet facilities.

    About 1,069, 140 pupils from primary one to primary three in 3,922 primary schools are also benefitting from the state’s school feeding programme at the cost of N70/child a day. This has impacted positively both on school enrolment numbers and the healthy growth of school children who are fed daily nutritious meals. Governor el-Rufai’s enrolment of his son in a public school demonstrates that his administration’s huge investment in the sector is no fluke. After all, the governor would not want his child to receive substandard education.

    Some critics contend that el –Rufai is only playing to the gallery and seeking publicity for the sake of politics. Whatever may be his motives, this is a salutary example of leadership worth emulating. If more prominent public officers follow in this path, governments would care more both for the quality of public education and the safety of pupils who attend them.

     

  • Panasonic holds training in Lagos, Enugu

    To boost its after-sales support capacity, Panasonic Middle East & Africa Division and Panaserv Nigeria Limited, promoters of the Panasonic brand of electronics, have organised a special training in Lagos and Enugu for its key technical staff members, channel partners and freelance technicians and engineers on air conditioners installation and repairs.

    The training, which took place this week, was facilitated by delegates and engineers from Panasonic Japan, Malaysia Factory & UAE as major resource persons, in conjunction with the best of the company’s core technical staff members at all Panaserv service centres in Lagos, Abuja, Kano, Port Harcourt and Enugu.

    On the reason for the training, one of the two chief trainers from Panasonic, Mr. Premsankar Vijayan, said delivering the skill enhancement for technical partners was an activity ingrained in the culture of the organisation, noting that the company would continue to empower more technicians with requisite skills.

    Read Also: Panasonic India mulls hike in phones, consumer appliances prices

    Vijayan explained: “These training sessions offer participants the opportunity to update their skills in residential air conditioner installation and the use of ultra-modern tools for accurate diagnoses and repairs of air conditioners. This is why among the equipment being deployed for practical demonstrations here includes the latest models of gas leakage detectors, digital temperature thermometers, and vacuum machines, automated gas refilling machines, portable welding machines, clamp meters and several others.”

    Vijayan further explained that the training would deepen the pool of well-trained technicians that would not only assist the company in offering after-sale services to its customers but also help to bridge the technical skills gap in Nigeria.