Tag: Senate

  • Senate rejects report linking Fulani herdsmen, Benue militia to killings

    Senate rejects report linking Fulani herdsmen, Benue militia to killings

    The Senate Wednesday rejected report of its committee on Police Affairs and National Security and Intelligence which linked the unabating killings in Benue State to Fulani Herdsmen and Benue militia men.

    The upper chamber said that the report is incomplete because it quoted the Inspector General of Police, Ibrahim Idris copiously while it did not feature the position of Benue State Governor, Samuel Ortom.

    The lawmakers agreed with the Senate President, Abubakar Bukola Saraki that the committee should go back and complete its assignment and report back within one week.

    The Senate at its sitting on 31st January, 2018 considered a Personal Explanation by Senator Joshua  Lidani who drew the attention of the Senate to its resolution on the Ad-hoc Committee on Security visit to Benue State which stated “that the Senate do urge the Inspector General of Police to within Fourteen (14) days apprehend and investigate the perpetrators of this act; and the Benue State Attorney General to prosecute the offender(s); and resolved to; “Mandate its Committees on Police Affairs; and National Security and Intelligence to summon the Inspector General of Police (IGP) on 1st February, 2018 and report to the Senate on 6th February, 2018.

    The 23 member committee was chaired by Chairman, Senate Committee on Police Affairs, Senator Abu Ibrahim.

    Senator Ibrahim noted in his report that the Inspector General of Police appeared before the committee on Friday, 2nd February, 2018 and in his written presentation, IGP briefed the committee as follows:

    1. i) That following the outbreak of violence in some parts of Benue State, he led a team to commence on-the-spot assessment of the situation in the state with visits to flashpoints of the crises such as Logo and Guma LGAs in Benue State and Tunga in Nasarawa State.
    2. ii) That thereafter, a stakeholders meeting was convened on Thursday, the 4th day of January, 2018 at Markurdi, Benue state, where he met with the Governor of Benue State, Religious Leaders, Traditional Leaders, Opinion Leaders and Civil Society Organizations.
    3. ii) That the meeting in Benue State was meant to interact with the State Government and other Stakeholders with the view to finding lasting solution to the lingering crisis in the state.
    4. iv) That on the strength of claims by the Benue State Governor at the stakeholders meeting alleging that there exist armed Militia camped in Tunga, in Awe LGA of Nasarawa State awaiting to unleash Mayhem on Benue people, he further visited Nasarawa State for facts finding and engagement with stakeholders there, where he found that those claims were untrue.

    v) That between the 31st day of December, 2017 and the 31St day of January, 2018 over Twenty-One (21) attacks have been recorded in Benue State, noting that while Eleven (11) were believed to have been carried out by groups suspected to be Fulani Herdsmen, Ten (10) were believed to be carried out by suspected Tiv Militia groups.

    1. vi) That having visited the flashpoints of the crisis and assessed the magnitude of the problem, the Police immediately intensified deployments of personnel, including ten (10) PMF Units, a Unit of Police Special Force, Counter Terrorism Unit, Explosive Ordinance Department to Benue State and Five (5) additional PMF Units to Nasarawa State, while Aerial Surveillance has been intensified around the two States.
    2. vi) That a total of One Hundred and Forty-five (145) suspects have been arrested, out of which One Hundred and Twenty Four (124) have been charged to court, while Twenty One (21) others are still under investigation and awaiting to be charged to court.

    viii) That while the Police is doing all that it could to restore normalcy in the State, it is important for the State Government and relevant Stakeholders to engage in continuous dialogue for peaceful coexistence.

    In its observation and findings the committee said:

    That there is a wide gap and serious defect in the intelligence gathering mechanism of the Nigeria Police and its subsequent counter operations due to inadequate funding.

    That Local Government councils have been rendered ineffective thereby unable to deal with security issues before they snowball to crisis.

    That inflammatory statements, utterances and actions of some politicians and opinion molders have been found to be promoting hatred and inciting violence.

    That there is massive proliferation of arms and ammunition in Benue State and across the country in general.

    It recommended that 1) The Nigeria Police Force should strengthen and fully utilize its intelligence gathering capabilities

    2) The Police is grossly underfunded, therefore it is recommended that a percentage of excess crude oil fund of about 2 dollars should be made available through appropriation to the Police in order to beef up its operations.

    3) Politicians and opinion leaders should desist from statements capable of inciting violence.

    4) Deliberate steps should be taken to disarm all armed militia groups in Benue State and in the country in general.

    5) The Inspector-General of Police should speedily prosecute those arrested and intensify efforts to arrest those still at large.

    Deputy Senate President, Senator Ike Ekweremadu was the first to fault the report when he said that the committee should have invited the state governor who was mentioned severally by the Inspector General of Police for his comment.

    Ekweremadu said, “Let me start by commending Sen. Abu Ibrahim for this report and the effort to bring it back on time. I just have one single observation. I noted that in the statement made by the IGP, he copiously mentioned the governor of Benue in most of the paragraphs but I didn’t see where the committee made an effort to speak with the governor. Because if in the circumstance, they did not interview the governor, and his name has been mentioned in respect to certain statements and actions, it would only be fair to him, to be invited by the committee and hear his own side of the story so that we have a balanced view of what transpired.”

    Also Senator George Akume (Benue North West) also faulted the report and descended heavily on the Inspector General of Police for “misleading Nigerians on what happened in Benue State.”

    Akume said, “I have gone through this summary, what I want to say is that this report would have been more rounded if the governor who has been so massively accused by the IGP was also invited to make input into it. The committee would have had opportunity to interact with him. I am informed that the mandate of the committee was restricted to the office and person of the IGP. And the IGP said he moved immediately to Benue state.

    “He didn’t move to Benue state on his own. Following out cries from the senate, the president directed him to relocate to Benue state for one week. He went to the state and stayed there for one day. He spent two days in Nasarawa and he left. His comment has always been very jaundiced. They are not based on professional soundness and they do not show any detachment and impartiality. As far as this issue is concerned. I want to draw your attention to page 3 subsections 4 that based on claims by the Benue state alleging that there exist armed militia camps in Tunga in Awe local government of Nasarawa state, waiting to unleash mayhem on Benue people. He further visited Nasarawa state, fact finding and engagement with stakeholders there.

    “Those claims are untrue. What he is saying is not true. Every security agency has made comments on this. Huge numbers are there, and many of them are from outside the country and they are armed with assorted weaponry system. It is unfair to this country for IG to make this comment on what the governor said which is untrue. What he is saying is untrue. What the governor said is true and it is from there that they moved and we have seen video clips of them moving to Benue and very well armed.

    “He said in Benue State, that there are livestock guards and this has been the issue that have been repeatedly made by media but we have thousands who are moving with AK-47 freely and they have not been arrested. As we speak, people are being killed in Benue, Nasarawa, Zamara and Taraba States. It is not that we a talking anything out of the ordinary. We are simply saying that there are armed people who are going round killing our people. For me, it has nothing to do with religion. It has everything to do with mischief and economic deterministic. The IG has not been fair to the Nigerian people whom he has sworn to an oath to serve.”

    The submission of the Inspector General of Police to the committee obtained by our reporter said: “On the strength of the various claims at the stakeholders’ meeting, I (IGP) visited Nasarawa State for facts finding/stakeholders engagement.

    “However, the meeting at Nasarawa was a complete opposite of what happened at Makurdi. Stakeholders from Nasarawa in a revised narrative of the incidence in Benue State attributed the clashes to the untimely, unnecessary, unfriendly Anti-Grazing Law enacted by the Benue State Government.

    “The stakeholders in Nasarawa State submitted that since the law was a prohibition of open grazing and establishment of ranches, the implementation of the law to ban open grazing in isolation of recommended provision of ranches as proposed by the law itself, was simply provocative and insensitive as such, a catalyst for conflict.”

    The IGP told the committee that Nasarawa stakeholders also debunked the allegation of existence of militia group any part of Tunga community in the state and cited the Anti-Grazing Law of the Benue State Government as the remote and immediate cause of the conflict.

    The Inspector General of Police added: “In view of the foregoing, there is indeed no doubt that the implementation of the Anti-Open Grazing Law by the Benue State Government as expressed by stakeholders in Nasarawa State and Ayim in Benue State, is the root cause of the crisis.

    “This is exacerbated by the recruitment and arming of untrained Civilian JTF/ Livestock Guards with prohibited firearms whose composition is lopsided and comprising majorly persons of Tiv Ethnic Nationality.

    “Also worthy of mention, is the public display of corpses, coupled with unguarded and inciting speeches by the Benue State Governor before and during the mass burial of the victims of the crisis.

    “These utterances renewed tension leading to youths of Tiv ethnic group unleashing violent attacks on the residents of Wadata, Wurukum, Northbank and Angwan Jukun areas of Makurdi on Saturday 13th January, 2018.”

    According to the police boss, “The establishment of a vigilante group of youths composing of only Tiv ethnic tribe at this critical occasion is a recipe for crisis. In addition, arming them with prohibited firearms (AK-47) has aggravated intra tribal and inter communal clashes especially the Shittile Militias of Katsina-Ala and Livestock Guards of Ukum LGAs of the state which resulted to loss of lives and destruction of hundreds of houses and properties.”

    Idris told the committee that from the beginning of the crisis on 30th December to date, at total of 145 suspects were arrested out of which 124 suspects were charged to court while 21 suspects are under investigation and awaiting to be charged to court.

    Among others, the police boss suggested that Benue State Government should revisit the Anti-Open Grazing and Establishment of Ranches Law with the aim of first providing ranches with the aim of a gradual implementation.

    Re-establishment or bringing out of known cattle routes that hitherto used to exist.

    Disbandment and disarming of the Livestock Guards, Shittile Tiv Militias and any other militias groups in order to forestall prohibited firearms in hands of unauthorized individuals

  • Senate summons Dan-Ali over Cameroon soldiers’ invasion

    Senate summons Dan-Ali over Cameroon soldiers’ invasion

    The Senate on Wednesday invited the Minister of Defence, Mansur Dan-Ali, over the invasion of several Cross River communities by Cameroonian soldiers.

    The upper legislative chamber said the minister should appear before its relevant committees, including Defence and Security and National Intelligence to throw light on the reported invasion of Nigerian communities by the soldiers.

    The invitation followed the adoption of a motion by the Senator representing Cross River Central, John Owan Enoh and two others on the “Influx of refugees from the Republic of Cameroun to some border communities in Cross River State and its attendant security fallout.”

    Enoh, in his lead debate, noted that the current agitation for the independence of Southern Cameroun has caused influx of refugees to some border communities in Cross River State.

    He said over 6,000 refugees are currently squatting at Obanliku, Bold, Etung and Ikom Local government areas of the state.

    Enoh said as at December 16, 2017, the United Nations Human Rights Commission (UNHCR) had biometrically registered 10,000 arrivals in remote areas of Cross River and indicated that thousands more are awaiting registration.

     

  • 2019: Senate, Reps joint committee adopt reordered sequence of election

    2019: Senate, Reps joint committee adopt reordered sequence of election

    Senate and House of Representatives joint committee on Electoral Act amendment yesterday adopted the proposed reordered sequence of elections.

    The National Assembly conference committee on Electoral Act (amendment) bill, which met in Abuja, said that reordered sequence of elections, which places the presidential election last in the order of elections, is the best for the country.

    The House of Representatives Committee on Electoral Act (amendment) bill had in its amendments to the 2010 Electoral Act included section 25(1) into the Act by reordering the sequence of the   elections to start from that of the National Assembly, followed by governorship   and  state assembly election before the Presidential election.

    This is against the old sequence by the Independent National Electoral Commission (INEC), which slated the Presidential and National Assembly election first before governorship and state assembly elections.

  • Tobacco: Groups hail Senate, Senator Tinubu

    Tobacco: Groups hail Senate, Senator Tinubu

    Two major tobacco control groups, the Nigeria Tobacco Control Research Group (NTCRG) and Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN), have commended the Senate for passing  a resolution seeking total ban of the sale of tobacco products around schools.

    The groups also hailed Senator Oluremi Tinubu who sponsored the resolution, saying she has “demonstrated uncommon courage at this point that tobacco addiction is becoming an endemic problem among the youth.”

    The resolution, which was adopted at the floor of the Senate on Tuesday, urged  the Federal Ministries of Health, Education and Information to harmonise efforts at banning the advertisement and sales of tobacco within 100 metres of all schools in Nigeria.

    It also requested the Federal Ministry of Health and other relevant enforcement agencies to ensure the “comprehensive prohibition of Tobacco Advertising Promotion and Sponsorship; work with other agencies to ban advertisement and location of Point of Sales (POS) of tobacco products within 100m of all schools; create a framework for the monitoring of the implementation of the ban on single sticks and cigarette packs with less than 20 sticks as detailed in the National Tobacco Control Act, 2015.”

    The Coordinator NTCRG, Dr Akindele Adebiyi said: “we particularly applaud the the bold effort of the Senate, Senator Tinubu and other co-sponsors of this resolution. It is a giant step towards protecting our children from the deliberate marketing tactics of the tobacco companies aimed at luring our children to smoking. We want to plead with relevant agencies to put in place necessary mechanisms to ensure that this Resolution is given immediate attention and enforcement”.

  • 2019: Senate, Reps joint com’ttt adopt reordered sequence of election

    2019: Senate, Reps joint com’ttt adopt reordered sequence of election

    -‘Presidential election must come last’

     

    Senate and House of Representatives joint committee on Electoral Act amendment yesterday adopted the proposed reordered sequence of elections in the country.

    The National Assembly conference committee on electoral Act (amendment) bill which met in Abuja said that reordered sequence of elections, which places the Presidential election last in the order of elections, is that best for the country.

    The House of Representatives committee on electoral act ( amendment) bill had in its amendments to the 2010 Electoral Act included section 25(1) into the Act by reordering the sequence of the  elections to start from that of the National Assembly, followed by governorship  and  state assembly election before the Presidential election.

    This is against the old sequence by the Independent National Electoral Commission (INEC) which slated the Presidential and National Assembly election first before governorship and state assembly elections.

    Adopting the reordered sequence of elections as contained in the House of Representatives  version of  the   amended Electoral Act, Chairman  of the Committee,  Senator Suleiman Nazif  (Bauchi North), put it to a voice vote.

    The 12 members committee unanimously answered in the affirmative.

    After the adoption of the reordered sequence of elections, Senator Nazif insisted that the bill did not in any way violate any provisions of Section 76 of the 1999 Constitution which empowered INEC to fix dates and conduct elections.

    He noted that the words which empowered INEC to fix dates and to conduct elections were duplicated in the bill just as the power that confers on the National Assembly by Section 4 subsection 2 of the Constitution were exercised in relation to rescheduling of elections ..

    Nazif said, ” For the avoidance of doubt , this bill with the inclusion of Section 25(1) which makes provision for sequence of election different from the one earlier rolled out by INEC has not in any way violated any provisions of the laws governing the operations of the electoral body. ”

    The Chairman, House Committee on INEC, Hon. Edward Pwajok, on his own, said that what the House did and concurred to by the Senate was very necessary in giving credibility to the electoral process in the country .

    Read Also: Senate committee begs for funds for programme

    He said, ” The sequence of election provision in the bill is not targeted at anybody but aimed at further giving credibility to the electoral process by way of giving the electorate the opportunity to vote based on individual qualities of candidates vying for National Assembly seat.”

    Pwajok noted that if the bill was not assented to by the President, the lawmakers, would, based on national interest, “surely used constitutional provisions at their disposal to make it see the light of the day.”

    He said, “On whether it would be assented to or not by the President, as far as we are concerned remains in the realm of conjuncture for now but if such eventually happens, we will know how to cross the bridge.”

    A member of the Committee, Senator Dino Melaye ( Kogi West), noted that date for election is the prerogative right of INEC.

    Melaye said that the extant laws of the land give the schedules for such elections as sole responsibility of the National Assembly.

    He said, “So contrary to reports and comments by some Nigerians on the reordered sequence of election, National Assembly have not overlapped its boundaries.”

    Other members of the committee including Senator Shehu Sani ( Kaduna Central), Gilbert Nnaji ( Enugu East), Abiodun Olujimi (Ekiti South), Peter Nwaoboshi ( Delta North), all spoke in favour of thh reordered sequence of elections .

    The sequence of elections adopted by the 8th National Assembly was first proposed by the 4th National Assembly in the 2002 electoral bill.

    It was later amended by merging Presidential and National Assembly elections.

    The chairman Senate committee on INEC and his counterpart in the House of Representatives will report back to their respective chambers for final adoption before the amendment will to transmitted to the President for his assent.

     

  • 2019: Senate, Reps joint committee adopt reordered sequence of election

    2019: Senate, Reps joint committee adopt reordered sequence of election

    Senate and House of Representatives joint committee on Electoral Act amendment Tuesday adopted the proposed reordered sequence of elections in the country.

    The National Assembly conference committee on electoral Act (amendment) bill which met in Abuja said that reordered sequence of elections, which places the Presidential election last in the order of elections, is that best for the country.

    The House of Representatives committee on electoral act (amendment) bill had in its amendments to the 2010 Electoral Act included section 25(1) into the Act by reordering the sequence of the elections to start from that of the National Assembly, followed by governorship  and  state assembly election before the Presidential election.

    This is against the old sequence by the Independent National Electoral Commission (INEC) which slated the Presidential and National Assembly election first before governorship and state assembly elections.

    Adopting the reordered sequence of elections as contained in the House of Representatives version of the   amended Electoral Act, Chairman of the Committee, Senator Suleiman Nazif (Bauchi North), put it to a voice vote.

    The 12 members committee unanimously answered in the affirmative.

    After the adoption of the reordered sequence of elections, Senator Nazif insisted that the bill did not in any way violate any provisions of Section 76 of the 1999 Constitution which empowered INEC to fix dates and conduct elections.

    He noted that the words which empowered INEC to fix dates and to conduct elections were duplicated in the bill just as the power that confers on the National Assembly by Section 4 subsection 2 of the Constitution were exercised in relation to rescheduling of elections ..

    Nazif said, ” For the avoidance of doubt , this bill with the inclusion of Section 25(1) which makes provision for sequence of election different from the one earlier rolled out by INEC has not in any way violated any provisions of the laws governing the operations of the electoral body. ”

    The Chairman, House Committee on INEC, Hon. Edward Pwajok, on his own, said that what the House did and concurred to by the Senate was very necessary in giving credibility to the electoral process in the country.

    He said, ” The sequence of election provision in the bill is not targeted at anybody but aimed at further giving credibility to the electoral process by way of giving the electorate the opportunity to vote based on individual qualities of candidates vying for National Assembly seat.”

    Pwajok noted that if the bill was not assented to by the President, the lawmakers, would, based on national interest, “surely used constitutional provisions at their disposal to make it see the light of the day.”

    He said, “On whether it would be assented to or not by the President, as far as we are concerned remains in the realm of conjuncture for now but if such eventually happens, we will know how to cross the bridge.”

    A member of the Committee, Senator Dino Melaye ( Kogi West), noted that date for election is the prerogative right of INEC.

    Melaye said that the extant laws of the land give the schedules for such elections as sole responsibility of the National Assembly.

    He said, “So contrary to reports and comments by some Nigerians on the reordered sequence of election, National Assembly have not overlapped its boundaries.”

    Other members of the committee including Senator Shehu Sani ( Kaduna Central), Gilbert Nnaji ( Enugu East), Abiodun Olujimi ( Ekiti South), Peter Nwaoboshi ( Delta North), all spoke in favour of thh reordered sequence of elections .

    The sequence of elections adopted by the 8th National Assembly was first proposed by the 4th National Assembly in the 2002 electoral bill.

    It was later amended by merging Presidential and National Assembly elections.

    The chairman Senate committee on INEC and his counterpart in the House of Representatives will report back to their respective chambers for final adoption before the amendment will be transmitted to the President for his assent.

  • Buhari writes Senate, withholds assent on three bills

    Buhari writes Senate, withholds assent on three bills

    President Muhammadu Buhari has refused to sign three bills passed by the National Assembly over inconsistency and conflict with the Constitution.

    The bills are – the Police Procurement Fund (Establishment) Bill 2017, Chartered Institute of Management of Nigeria Bill 2017, and the Nigerian Council for Social Works (Establishment) Bill 2017.

    The President informed the Senate about the development in a letter read by the Deputy Senate President, Ike Ekweremadu, at Tuesday’s plenary.

    Ekweremadu presided over the plenary in the absence of the Senate President, Bukola Saraki, who is standing trial at the Code of Conduct Tribunal (CCT) for false assets declaration.

    The trial resumed on Tuesday after the Court of Appeal had in December last year restored three out of the 18-count charge and ordered the Senate president to present himself for trial on the matter.

    The letter reads: “I hereby convey to the Senate my decision on 25th January 2018 to decline presidential assent to three bills recently passed by the National Assembly, namely Police Procurement Fund (Establishment) Bill 2017, due to lack of clarity regarding the manner of disbursement of the fund as well as constitutional issues regarding the powers of the National Assembly to appropriate funds allocated to the 36 states and 744 local governments which conflicts with Sections 80 to 82 and 120 to 122 of the 1999 Constitution as amended.

    “The Chartered Institute of Management of Nigeria Bill 2017, due to lack of clarity over the scope of the profession of public management, that this bill prohibits persons who are not members of the institute from practising.

    “Nigerian Council for Social Works (Establishment) Bill 2017, due to lack of clarity over the scope of the profession of social works, that this bill prohibits all persons who are not members of the institute from practising.”

  • Jang: Senate not for young people

    Jang: Senate not for young people

    Senator Jonah Jang (Plateau North) at the weekend said the Upper Chamber is for people with pedigree and political experience.

    The Senate, he declared, is not for young people without political experience.

    Speaking in an interview programme at the weekend, Jang said the House of Representatives would be good for younger politicians.

    He spoke on the backdrop of reports that his political protégé were warming up for his seat based on insinuations he might not seek reelection at over 70.

    But the former Plateau State Governor said: “The Senate is not for good for young people, only the House of Representatives is good enough.”

  • Senate renews push for Magu’s ouster

    Senate renews push for Magu’s ouster

    The controversy trailing the appointment of Ibrahim Magu as Chairman, Economic and Financial Crimes Commission (EFCC), may be far from over.

    The Senate yesterday asked President Muhammadu Buhari to nominate a replacement for Magu in line with the verdict of an Abuja Federal High Court which affirmed its powers to confirm or reject the President’s appointments.

    The upper chamber vowed not to consider the President’s confirmation requests until its resolution rejecting the appointment of Magu is complied with.

    Justice J.I. Tsoho on January 15th said that the Senate has statutory duty to confirm appointments referred to it by Mr. President.

    The chairman, Senate Committee on Media and Public Affairs, Senator Aliu Sabi Abdullahi, who briefed reporters on the court verdict, said:

    “By this (court) judgment, for those who have been worried that the Monetary Policy Committee never met, I think this is a window for the MPC to see the light in meeting.

    “If the Executive does the needful, provides another Nigerian of credible character of which we have millions of them – 180 million of them – even by arithmetic error, we should be able to get good people.

    “So, it is our hope and prayer that our amiable President will find this judgement in order and will be submitting very soon another nominee to carry on with the good work of anti-corruption, especially now that we are very proud of him as the African Union Anti-Corruption Ambassador.”

    Abdullahi recalled that the Senate rejected Magu’s nomination twice.

    He noted that the then Acting President, Prof. Yemi Osinbajo, was reported to have said that the Senate lacked the power to confirm Magu.

    “The issue was taken to the floor of the Senate and we resolved that the statement has to be withdrawn or we will take it that we will not confirm any other person, except those expressly listed in the Constitution,” he said.

    Abdullahi said the issue was taken to court by Oluwatosin Ojaomo for the court to determine.

    He noted that the judgment had been given that the Senate has the power to confirm presidential nominees.

    “In fact, the intendment of the law is that we should not be a rubber stamp,” he said.

    Abdullahi added: “We are happy with the judgment. We want to salute the Nigerian judiciary for always rising to the occasion when it matters most. The judgment is consistent with what has happened in the past. By this judgment, the executive will be guided to uphold the law, do the needful and it will be good for verybody.”

    He said that the President should be persuaded to find another nominee in place of Magu.

    Abdullahi said that the position of the Senate remained that “we have rejected a nominee and that nominee cannot continue to act as if there is no law in the country”.

    Insisting that “there is nothing personal about what we did”, the Senate spokesperson said their action was guided by the Constitution.

    He said: “The issue of Magu is not on our door, it is on the door of the executive to do the needful.”

    Abdullahi said that until a superior court sets aside the January 15th, 2018 judgement, it remains the law.

    The defendants in the suit were the Senate President, National Assembly of the Federal Republic of Nigeria and the Attorney General of the Federation, Federal Republic of Nigeria.

    The judge said that the Plaintiff began the suit vide an originating summons supported by an Affidavit of 20 paragraphs deposed to by Oluwatosin Ojaomo and a written address both dated and filed on the 24th of January, 2017.

    He said that the respondents di not file any reaction to the Originating Summons.

    The judge said that the issue of locus standi is a threshold matter and must be first dealt with.

    Justice Tsoho noted that it is also trite law that the nature of the claim and /or the cause of action determines the locus standi of the party bringing the action.

    The judge said that having regard to the questions presented for determination and the reliefs sought in the Originating Summons by the Plaintiff in this instant suit, his locus standi, in my humble opinion, is doubtful.

    He said that the affidavit depositions which gave background information of the Plaintiff and others ,— this in my humble view, does not establish any special or unique interest of the Plaintiff above those of others, that entitles him to institute this action.

    “On this premise, the suit is liable to be struck out for lack of standing to maintain the action,” Justice Tsoho said.

    The judge said: “Nevertheless, the court will consider the merits of the issues raised for determination by the Plaintiff.”

    He said that issue 1 bordered on the power of the Senate in respect of statutory appointment under the EFCC Act referred to it by the President.

    The judge said that the provision relating to appointment of the chairman of the EFCC is Section 2 (1) &(3) of the EFCC (Establishment) Act, 2004.

    He said that Section 2 (3) provides as follows:  “The Chairman and members of the Commission other than ex-officio members shall be appointed by the President and the appointment shall be subject to confirmation of the Senate.”

    He declared: “Firstly, the use of the word ‘shall’ in a legislation usually denotes mandatoriness. Therefore, while the Plaintiff recognizes the use of the word ‘shall’ as conferring mandatory and unqualified powers on the President to appoint the Chairman of the EFCC, sight must not be lost that the same word is used in respect of confirmation by the Senate of such appointment. Therefore,  interpretation of the word ‘shall’ should logically have the same effect regarding both situations.”

    The judge said: “More importantly, the expression ‘subject to’ used in Section 2(3) of the EFCC Act is very instructive. The expression ‘subject to’ has been interpreted to mean: liable, subordinate, subservient, or inferior to; governed of affected by; provided that or provided; answerable for. It has been categorically stated that the phrase ‘subject to’ introduces a condition, a restriction, a limitation, a proviso.”

    The judge said that on the strength of these authorities he cited, therefore, “the expression subject to” should be understood to simply mean “depending on”.

    “Accordingly, the import of Section 2(3) of the EFCC Act is that the appointment of a Chairman made by the President is dependent on confirmation by the Senate.”

    He added: “The 1st Defendant can therefore reject a statutory appointment of a Chairman of the EFCC made by the President, if there is good basis for doing so.” Issue 1 stands resolved.

    On issue 2 for determination, “there is no doubt that that 1st defendant is bound by the provisions of the EFCC Act with respect to appointment of Chairman of the EFCC by the president.

    “It should be realised that the provision of Section 2(3) of the EFCC Act empowers the Senate, headed by the 1st defendant to confirm an appointee to the Office of the Chairman EFCC by the President. The Senate is thus conferred with authority to ensure the choice of only suitable and credible persons for appointment to that office. The submission of the plaintiff however gives the impression that the Senate only exists to rubber stamp the president’s appointment of a Chairman. Such viewpoint runs counter to the proper intendment of Section 2 (3) of the EFCC Act and is misconceived. Issue 2 is also resolved.

    “The point must be made that it is trite law generally, that where a plaintiff’s claim is unchallenged and uncontroverted, the court will accept the available evidence and act on it.

    “There is however exception to this, where the court finds that the plaintiff’s action is not maintainable, despite being unchallenged. This, I humbly hold to be the position in the instant suit, as I regard as doubtful the plaintiff’s capacity or competence to maintain the action. Consequently, this suit is struck out.”

  • Senate alarmed over spread  of Lassa fever to 14 states

    Senate alarmed over spread of Lassa fever to 14 states

    The Senate yesterday expressed concern over the spread of Lassa fever to fourteen states of the federation.

    It listed the affected states to include Edo, Ondo, Ebonyi, Nasarawa, Imo, Kogi,  Bauchi, Anambra, Benue, Federal capital Teritory, Abia, Ekiti and Delta.

    It also said that the outbreak of the disease which was first recorded on the 5th of January, 2018, has risen to 363 as against the lesser number of cases recorded in previous years.

    It said of the 363 cases, 81 persons have tested positive, while 44 persons have been admitted at the Institute of Lassa Fever Research and Control, Irrua Teaching Hospital, Edo State.

    About 11 deaths have been recorded, of which 3 are health workers, it said.

    The senator representing Edo Central, Clifford Ordia, drew attention of his colleague to ravaging spread of disease in a motion entitled “Urgent need to support the Centre for Research, Control and Treatment of Lassa Fever disease in Nigeria.”

    The upper chamber mandated its joint committee on Health and Primary Health Care and Communicable Diseases, to investigate steps taken by the Ministry of Health to curb the spread of the disease.

    It asked the Federal Government through the Ministry of Health to urgently provide the Center  all necessary equipment to enable it meet its responsibilities to Nigerians seeking medical care at the center.

    It also resolved to urged the Ministry of Information and National Orientation to engage in sensitisation and education of the public on the prevention, control and treatment of Lassa fever.

    The upper chamber urged the National Emergency Management Agency (NEMA) to quickly visit the center in Irrua Specialist Hospital for on the spot assessment, with a view to providing relief material to the victims.

    Ordia said: “The institute is the only centre in Nigeria known for excellence in the management, control and treatment of Lassa fever in Nigeria. The centre received samples from all states referred above for the purpose of examination and treatment.

    “The centre also engages in the training of Health care workers, i.e. Doctors, Nurses and Laboratory Technologists on the management of Lassa fever in Nigeria. Last year alone, the centre trained 67 health workers from 15 states with reported cases of the outbreak.

    “The centre is presently overwhelmed by the number of samples received, including patients on admission which has stretched the bed space, beddings, Dialysis Machine,  X-Ray equipment, Ultra Sound Scan, ECG Machine, Ventilators monitors, human and financial resources beyond limit.”

    “The centre is confronted with the challenges of Inadequate protective instruments for the health workers engaged in the management of  victims; inadequate drugs, i.e Ribarvirin for patient treatment; inadequate disinfectants and other infection prevention and control consumables; and lack of operational vehicles, public address system and health education materials for contact tracing and community sensitization.”

    The Edo Central lawmaker said that the Senate should resolve to make more funds available for the centre in the 2018 budget.

    It also urged the Federal Government to set up centres in different parts of the country.

    Deputy Senate President Ike Ekweremadu, who presided, said health care should be one of the major responsibilities of government.

    Ekweremadu noted that “If this matter is not addressed, we will be fail in our responsibilities. And to know that this issue has been going on for years is worrisome.

    “We need to give this issue the attention it needs. We have enough medical doctors. We need to provide the needed equipment they need to work with. I believe that the committee will help us address the issue. We cannot allow this to continue to spread.”