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Tag: Senate president

  • Senate demands First Option Policy on made in Nigeria goods

    Senate demands First Option Policy on made in Nigeria goods

    The Senate Wednesday asked the Federal Government to urgently initiate and implement the First Option Policy on purchase of locally manufactured products for government procurement in all arms of government.

    The upper chamber said that the policy should also be extended to every public funded organization.

    The lawmakers expressed commitment to amend the Procurement Act to ensure that agencies of government and government funded institution  adopted made-in-Nigeria goods First Option Policy.

    This followed a motion by Senator Enyinnaya Abaribe (Abia South) entitled “Need for patronization of made in Nigeria good in Nigeria.”

    First Option Policy on purchase of locally made goods would compel Ministries, Departments and Agencies of government to place priority on purchase of locally made products.

    Senate Abaribe, in his lead debate, expressed concern that investment in real sector had given way to trading in foreign and imported goods resulting in negative balance of trade, close down of textile companies, wood processing factories among others.

    The Abia State born lawmaker recalled that Nigeria’s economy was dependent on made in Nigeria exports, in the 60s and early 70s.

    He noted that in 60s and 70s, industries were located in the rural areas, while made-in- Nigeria products were popular in parts of the country and many other African countries.

    He said, “I recall that as at 1990, Nigeria had over 170 developed textile industries employing between 2000 and 10,000 workers each.

    “Today, only 12 are still functioning, the resultant loss of opportunities and employments is anyone’s guess.

    “The current depletion in forex earnings and forex available is a symptomatic effect of an import dependent economy, which is riddled with unemployment, negative balance of trade and low capital formation.”

    Abaribe noted that governments in other countries have developed and adopted varying measures of First Option Policy for their locally manufactured goods in their various countries.

    He listed countries like the United States, Chinese, and India, as some of the countries that made it mandatory for government agencies to source for locally manufactured goods before patronising goods from other countries.

    The lawmaker expressed optimism that if the present administration put measures in place to ensure obligatory official patronage of locally made products for all agencies of government, it would create jobs for the teeming population.

    Most Senators who contributed supported the motion and insisted that urgent action should taken by all arms of government to encourage the growth of made in Nigeria goods.

    Senator Dino Melaye in his contribution however personalized the issue.

    He said, “I want to celebrate the Made in Nigeria Senator for bringing this motion. In considering the made in Nigeria goods, we must look at enabling factors that will necessitate the made in Nigeria goods.

    “It’s beyond having one made in Nigeria attire and you have over 70 Tom Ford and Loubitins in your wardrobe.

    “We must reduce the allocation for made in Nigeria goods and services to the basics. What are those factors limiting the production of this goods. We must tackle them.

    “We must also begin to look at our legislation; we will begin to talk about made in Nigeria goods.

    “We will also move in order to encourage the made in Nigeria products in Nigeria, begin to talk about Made in Nigeria women.

    “Apologies to my uncle, the governor of Edo State, we must as a people stop paying dowries in dollars and pounds.  It is time for my colleagues here to become born again.”

    Senate President, Abubakar Bukola Saraki, commended Abaribe for his commitment for promotion of made-in-Nigeria products over the years.

    He said, “I had the opportunity to attend this year’s Made-in Aba trade fair, which Abaribe has been promoting using his own intervention fund.

    “It is commendable to see that for years he has used this money to support the trade fair. The major issue for us is the issue of job creation and we cannot do it without looking at ways to stimulate our own economy.

    “We would be spending close to N5 trillion in the 2016 budget in this regard and if that alone is going towards the local industries it will make a great deal.

    “We must see that we amend the law and oversight properly to see that we make a difference in this country.”

    Saraki called relevant committees to expedite action on amendment of the Procurement Act before passage of the 2016 budget to give First Option to two locally produced products. 

  • Saraki: Our economic challenges blessing in disguise

    Saraki: Our economic challenges blessing in disguise

    Senate President Bukola Saraki has said current economic challenges facing the country present an opportunity to show leadership, courage and ingenuity. The situation should be used to set the stage for a post-oil era in which the private sector steers the ship of the economy while the government provides the enabling environment, he said.

    Speaking when consultants, under the auspices of the Department for International Development (DFID), came to present a-168 page report titled: Comprehensive Review of the Institutional Regulatory, Legislative and Associated Instruments Affecting Businesses in Nigeria to both chambers of the National Assembly in Abuja, Saraki said the time has come for the ruling class to show leadership and courage in addressig the economic challenges facing the nation.

    Earlier, the experts had told the legislators that 54 of the country’s existing laws have to be either amended or repealed if the country is to make progress in her quest to attract investors and become business-friendly.

    Saraki said: “The National Assembly through our legislative agenda seized on the moment to chart a new course for the nation’s economy. The legislative agenda we have adopted  is one framed largely around good governance, accountability, opening up of the economy for greater investment, ease of doing business and security of lives and property.”

    He added that the 8th National Assembly would give priority to the amendment of obsolete laws, stressing that since some of the affected laws require constitutional amendment, the process would be expedited to ensure that all stakeholders concerned make the changes happen as soon as possible.

    Saraki said the collaboration with the private sector, development partners, professional groups such as the Nigeria Bar Association (NBA) as well as the academia in on-going process to review laws affecting doing business will give birth to a new business environment that will boost the economy, solve the problem of unemployment, curb social vices and restore our national values and pride.

    According to him, the  Senate and House of Representatives are on the same page with President Muhammed Buhari’s policy on diversification of the economy. “Our President has laid out a vision to fully diversify the economy beyond oil and has been committed to the actualisation of the project.

    “The overarching objective of the agenda targets private sector investment and business development as a major plank of the plan. This is because of our belief in the ingenuity, creativity, entrepreneurship of our people and that in order to create jobs, give our people better opportunities, the private sector remains our best option.

    “This is at the heart of the clamour for diversification; from agriculture business support, to credit, economic reform bills, to MSMEs, taxation, conflict resolution, regulatory reform bills, our agenda is firmly rooted on increased participation, diversification and capital formation,” Saraki assured.

    He said the collaborative efforts between the National Assembly, DFID enable programme and GEM3, with strong participation of the organised private sector led by the Nigeria Economic Summit Group (NESG) represents a first of its kind adding that the Senate has come out with a detailed plan, cohesive legislative agenda for renewed national cohesion and development.

  • FCT Capital Budget: Senate extends implementation of N144bn

    FCT Capital Budget: Senate extends implementation of N144bn

    The Senate on Tuesday approved a request from President Muhammadu Buhari for the extension of the implementation of the N114 billion FCT capital budget to March 31.

    The Senate acceded to the request of the president and gave the bill accelerated hearing as it was considered for second reading, third reading and passed.

    However, in his remark, Senate President, Dr. Bukola Saraki, directed the Conference Committee of the Senate to harmonise its figures with the House of Representatives.

    Earlier, while presenting the bill for second reading, the Leader of the Senate, Senator Ali Ndume, noted that the 2015 FCT budget was approved on May 28, 2015, allowing only seven months for its implementation.

    He said that in order to meet the obligations of the FCT and as requested by the president, the Senate should give accelerated passage to the request for extension.

    He said that in view of the seven months period, the FCT budget implementation only stood at 40 per cent, hence the need for the extension.

    It would be recalled that Buhari on February 23 requested the Senate to extend the implementation of the budget to March 31.

  • My trial is persecution – Saraki

    My trial is persecution – Saraki

    … I won’t resign, says Senate President

    Senate President, Dr. Bukola Saraki has said that he would not resign from his position, despite his ongoing false asset declaration trial at the Code of Conduct Tribunal (CCT).

    According to Saraki, the trial is an act of persecution and not an actual fight against corruption.

    Saraki said this on Friday at Landmark Events Centre in Lagos during a social media week event organised by State- Craft Inc. the theme was; ‘Did You Say Change? Game Changers of the 2015 Nigerian elections.’

    He stated that his trial was the handiwork of powerful people who were unhappy with his emergence as Senate President.

    The Senate President said that when he got into office as a civil servant 13 years ago; he filled the asset declaration form which is a must for all public servants to fill once they enter office.

    In his words, “We are public servants and you must fill your asset declaration form when you get in office and I did mine 13 years ago.

    “The charges have nothing to do with corruption or money being stolen anywhere. I will have my day in court to prove my innocence of the charge pending against me because it is not about corruption.

    “I don’t understand how the same organisation that cleared my asset declaration to be proper in 2004, 2009 and 2011 can now say that my record is faulted,” he said.

    Among personalities present at the event were, Senator Dino Melaye; Senator Sabi Abdulahi and Senator Foster Ogola.

     

  • Marafa drags Senate to court

    Marafa drags Senate to court

    The Senator representing Zamfara Central, Senator Kabiru Marafa, has dragged the Senate to court over plan to sanction him by the upper chamber for alleged unethical remarks.

    Marafa asked the court to halt his trial by the Senate Ethics, Privileges and Public Petitions Committee.

    In a letter to the Senate President, Bukola Saraki, and dated February 18, 2016, Marafa drew the Senate’s attention to a case pending before an Abuja High Court against the alleged illegal constitution of 65 Senate Committees.

    He submitted that until that case was determined, the Senate could not investigate or try him using same committees he was asking the court to quash.

    The Senate had on Tuesday asked its committee on Ethics, Privileges and Public Petitions to try Marafa for allegedly making an uncomplimentary remark against it.

    Marafa’s letter which was written by his lawyer, Chief Ademuyiwa Adeniyi pointed stated:

    “In the light on the above and being cognisant of the fact that the legality of the committees amongst which is the Ethics, Privileges and Public Petitions committee, it would be out of place for our client to be arraigned, tried, and has his fate determined both by the said Committee and whatever the recommendation of the committee might be presided over by your Excellency ‎ without infracting the fair hearing rule “NEMO JUDEX IN CAUSA SUA” meaning that ” a person cannot be a judge in his own case”

    “Obviously, our clients cannot under this circumstance have a fair hearing.

    “Commonsense requires that the urgency of the Senate in respect of the above matter is unnecessary; it is thus prudent by stepping it down for our client’s case to be heard and determined by a Court of competent jurisdiction as provided by section 36 (1) in the constitut‎ion of the Federal Republic of Nigeria.

    “Nothing is more honourable than allowing justice to take its full course since this is a jurisprudential principle recognised by the extant rules of the Senate.”

    ‎Following the constitution of 65 new committees by the Senate last year, Marafa had instituted a case at the Abuja division of the Federal High Court in a suit titled “Senator Kabiru Marafa Vs National Assembly seeking the following reliefs:

    * A declaration that the constitution of 65 Senate special and Standing Committees was ultra vires the Senate for failing to comply with the extant provision of section 62 (1)(2) and (3) as circumscribed in the constitution of the Federal Republic of Nigeria.

    * A declaration that the increase in the number of Senate Committees from the 57 as contained in Orders 96, 97 and 99 of the Senate Standing Orders 2015 as amended has no justifiable legitimacy, illegal and unlawful.

    * A declaration that the redesignation of Senate Committees by reducing their areas of jurisdiction as set out in the extant Senate Standing Orders 2015 as amended is ultra vires the Senate President and any Committee of the Senate.

    “A declaration that the nomination of senators to serve as. Presiding officers and appointment of principal officers and other officers of the Senate is contrary to and in a violation of the provision of Order 3 Rule 2 of the Senate standing Orders 2015 as amended and thus void, unlawful, illegal and unconstitutional.

    “An Order of Court. Declaring as invalid all appointments in violation of and infractions of the Constitution and extant Senate Standing Orders, thus voiding all such appointments; thus declaring them as invalidly made‎.”

  • Supreme Court okays Saraki’s trial at CCT

    Supreme Court okays Saraki’s trial at CCT

    The Supreme Court on Friday dismissed an appeal filed by the  Senate President Bukola Saraki to stop his trial at the Code of Conduct Tribunal (CCT)  for lack of merit.

    The  6-man panel of judges  led by Justice Walter ruled that the CCT was properly constituted to exercise jurisdiction over the Senate President’s trial.

  • CCT: Saraki knows fate today

    CCT: Saraki knows fate today

    [dropcap]C[/dropcap]an the chairman and  a member of the Code of Conduct Tribunal (CCT) conduct proceedings where the Constitution says it must be constituted by two members and a chairman?

    Was the CCT wrong to have assumed jurisdiction over the trial of Senate President, Bukola Saraki, charged with false asset declaration, without one of its members?

    These are some of the issues to be decided today by the Supreme Court as it delivers judgment in the appeal brought before it by Saraki.

    Saraki appealed the October 30, 2015, judgment of the Court of Apeal, Abuja, which dismissed his appeal challenging the jurisdiction of the CCT to try him for alleged false declaration of assets.

    Saraki was arraigned before the CCT on September 22, last year on a 13-count after initial resistance, prompting the tribunal to issue a bench warrant for his arrest.

    Although he pleaded not guilty to the charge, he not only challenged the power of the CCT to try him, but the composition of the tribunal and the legality of the charge, which he said was not endorsed by the attorney general of the federation (AGF).

    In its October 30 judgment, a three-man panel of the appellate court, in a split decision of two-to-one held that Saraki’s appeal lacked merit.

    Justices Moore Adumein and Mohammed Mustapha resolved the six issues in favour of the respondents, including the CCT, while Justice Joseph Ekanem dissented on one issue, which was whether an official of the Federal Ministry of Justice was competent to endorse a charge in the absence of the AGF.

     While Justices Adumein (who read the lead judgment) and Mustapha dismissed the appeal, Justice Ekanem upheld the appeal, discharged and quashed the Senate president’s trial before the CCT.

    Justice Adumein rejected Saraki’s arguments, including his contention that the CCT, being an inferior body to the Federal High Court, ought not to have proceeded with his trial despite an order by the court.

    He held that Saraki’s complaint about not being personally served with the charge “was of no consequence having appeared and taken his plea before the tribunal.”

    On whether two of the CCT’s three members formed a quorum, Justice Adumein, noted a “lacuna”  in the law,  but held that the Interpretation Act provided that a member of the tribunal and its chairman could sit and conduct proceedings.

    Justice Adumein upheld the argument by the respondents’ lawyer, Rotimi Jacobs (SAN),  that by Section 28 of the Interpretation Act, two members of the tribunal (including the chairman) form a quorum to validly conduct its proceedings

    He also held that by Section 174(1) and (2) of the Constitution, where there is no substantive AGF, any law officer in the Office of the AGF could validly file charges.

    On the tribunal not being a court, Justice Adumein held that “there is no inherent difference between the tribunal and the court.”

  • CCT: Supreme Court decides Saraki’s fate Friday

    CCT: Supreme Court decides Saraki’s fate Friday

    Can the Chairman and a member of the Code of Conduct Tribunal (CCT) legally conduct proceedings where the Constitution says it must be constituted by two members and a Chairman?

    Was the CCT wrong to have assumed jurisdiction over the trial of Senate President, Bukola Saraki, charged with false asset declaration, without one of its members?

    These are among the issues to be decided Friday by the Supreme Court as it delivers judgment in the appeal brought before it by Saraki.

    Saraki’s appeal is against the October 30, 2015 judgment of the Court of Appeal, Abuja which dismissed an earlier appeal by Saraki with which he challenged the jurisdiction of the CCT to try him for alleged false declaration of assets.

    Saraki was arraigned before the CCT on September 22 last year on a 13-count charge after much resistance for the Senate President, prompting the tribunal to issue a bench warrant for his arrest.

    Although he pleaded not guilty to the charge, he subsequently challenged the power of the CCT to try him he challenged the composition of the tribunal and the legality of the charge, which he said was not endorsed by the Attorney general of the Federation (AGF).

    In its judgment on October 30, a three-man panel of the appellate court, in a split decision of two-to-one held that Saraki’s appeal lacked merit.

    Justices Moore Adumein (presiding) and Mohammed Mustapha resolved the six issues raised in the appeal in favour of the respondents including the CCT, while Justice Joseph Ekanem dissented on one issue, which was whether an official of the Federal Ministry of Justice was competent to endorse a charge in the absence of the Attorney General of the Federation (AGF).

    While Justices Adumein (who read the lead judgment) and Mustapha dismissed the appeal, Justice Ekanem, in his dissenting judgment‎,‎ upheld the appeal, discharged and quashed the Senate President’s trial before the CCT.

    Justice Adumein, in the lead judgment, rejected all argument by Saraki, including his contention that the CCT, being an inferior body to the Federal High Court, ought not to have proceeded with his trial despite an order by the court.

    He held that Sarakiks complaint about not being personally served with the charge “was of no moment having appeared and taken his plea before the tribunal.”

    “On September 21, his counsel also appeared before the tribunal and made series of application without raising the issue of non-service,” Justice Adumein said.

    On whether two of the CCT three members form a quorum, Justice Adumein, though noted that  there was “lacuna”  in the laws, held that “the Interpretation Act has resolved the has becomes a helpful piece of legislation” by providing that a member of the tribunal and its Chairman could validly sit and conduct proceedings.

    Justice Adumein upheld the argument by respondents’ lawyer, Rotimi Jacobs (SAN), to the effect that by the provision of Section 28 of the Interpretation Act, two members of the tribunal (including the Chairman) form quorum to validly conduct its proceedings

    He also held that by the provisions of Section 174(1) and (2) of the Constitution, where there is no substantive AGF, any law officer in the office of the AGF could validly file  charges.

    “M.S Hassan, a Deputy Director in the department of the AGF is eminently qualified to initiate criminal proceedings.

    “The Solicitor-General of the Federation, in the absence of the AGF may perform any of the duties and shall have the same powers as are imposed by law on the AGF,” the judge said.

    On the issue of the tribunal not being a court, Justice Adumein held that “there is no inherent difference between the tribunal and the court.”

    He noted that “the terminologies and phrases used in the CCT Act, such as “arraignment”, “arrest”, “taking plea”, “guilty” and “conviction” are associated with criminal proceedings.

    “The Code of Conduct Tribunal is a criminal court, albeit with limited jurisdiction,” he held.

    “Having resolved all the issues against the appellant, I hold that the appeal lacks merit and it is hereby dismissed,” Justice Adumein said.

    Justice‎ Ekanem, who dissented on a single issue, held that the absence of Attorney-General of the Federation had made the charge to become defective.

    He was of the view that the failure by M. S. Hassan (who endorsed the charge) to indicate who authorized him to file the charge, in his letter to the tribunal seeking leave to file the case, rendered the charge incompetent.

    While arguing his client’s appeal before the Supreme Court on December 3, Saraki’s lawyer, Joseph Daudu (SAN), who said six issues were formulate for the court’s determination, argued that the CCT was wrong to have assumed jurisdiction over his client’s trial because it was not properly constituted.

    He argued that by the provision of Paragraph 15(1) of the 5th Schedule to the Constitution, the CCT could only legally conduct its affairs where the Chairman sits with two members. He said it was only the Chairman and a member that sat in the trial of his client.

    Daudu also argued that the CCT was not a court with the capacity to exercise criminal jurisdiction.  He contended that having not been a court created under section 6 of the Constitution, it lacked the power to exercise the inherent jurisdiction of superior courts.

    He also argued that the CCT, being an inferior court with the status of mere disciplinary body for erring public officers, cannot apply the Administration of Criminal Justice Act (ACJA) 2015 in its proceedings.

    He urged the court to allow his client’s appeal and grant all his prayers.

    Lawyer to the Federal Government, Rotimi Jacobs (SAN) urged the court to dismiss the appeal and uphold the majority decision of the Court of Appeal, to the effect that Saraki’s trial before the CCT, with two judges sitting out of three, was in order.

    He argued that Paragraph 5(1) of the 5th Schedule to the Constitution only relates to the composition of CCT, but that the Constitution was silent on the number of members that constitute its quorum.

    He said where such lacuna exits, it was for the court to recourse to the Interpretation Act for help. He said under the Interpretation Act, two member of a three-man tribunal form quorum and could legitimately conduct business.

    Jacobs also argued that the CCT, being a body with limited criminal jurisdiction could apply ACJA 2015 in its proceedings. He contended that since the tribunal had applied the Criminal Procedure Act (CPA) and Criminal procedure Code (CPC) for its proceedings before the introduction of the ACJA, the new law, which replaces the CPC and CPA automatically, becomes an applicable law in the proceedings before the CCT.

    As against Daudu’s argument that the enforcement of the Attorney general of the Federation (AGF) was necessary before a charge could be validly filed before the CCT, Jacobs argued that any officer in the office of the AGF could validly initiate proceedings before the CCT where there is no AGF in office.

  • Justice Uwais, others back Buhari on anti-corruption war

    Justice Uwais, others back Buhari on anti-corruption war

    Former Chief Justice of Nigeria, Justice Mohammed Lawal Uwais and Former Nigeria Ambassador to the United Nations, Professor Ibrahim Gambari has urged President Muhammed Buhari to remain resolute in his administration’s fight to free the country from corporate and individual corruption.

    They described as callous “the allocation of Nigeria’s scarce resource to individual for political interests at the expense of huge losses of lives and properties, especially, in the North-East, where the fight against Boko Haram continues to rage.”

    Acting under the Umbrella of the Council of the Wise, they said “ten months after Nigeria’s historic elections that pushed out of power, the 16-years PDP Government, President Buhari’s APC-led Government remains trapped by massive state corruption that has almost grounded the country to a halt”.

    They also applauded former President Olusegun Obasanjo for his recent letter to the National Assembly, and called on the Senate President, Bukola Saraki to do the needful by releasing details of the expenditures of the National Assembly for public scrutiny.

    The Executive Director of Savannah Centre for Diplomacy, Democracy and Development (SCDDD) and former Ambassador of Nigeria to Chad, Ambassador Abdullahi A. Omaki spoke on behalf of Justice Uwais and Professor Gambari.

    The Council of the Wise operates under the auspices of the Savannah Centre for Diplomacy, Democracy and Development. Justice Uwais is the Chairman of the Centre, while Professor Gambari is the Founder and Chief Executive Officer of the Centre.

    In a statement signed by Amb. Omaki they urged President Muhammadu Buhari, “to remain resolute in his administration’s fight to free Nigeria from the claws of corporate and individual corruptions that have held the country hostage”.

    President Buhari is the only Nigerian politician and leader that has the pedigree to engage this systematic corruption because of his own personal record of high integrity which was personalized during the campaigns for the highest office in our country,  Amb.Omaki observed in the statement.

    He said the need for the appeal was “hinged on the mind-boggling revelations on institutional rots that permitted for such callous and heartless lootings to take place under the PDP-Federal Administration until May 2015.”