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Tag: Senator David Umaru

  • Appeal Court reverses sack of Niger East Senator, Umaru

    The Court of Appeal in Abuja has reversed the judgment of a Federal High Court in Abuja, which sacked Senator David Umaru as the All Progressives Congress’ (APC’s) candidate for the Niger East senatorial seat.

    The Federal High Court had, in a February 7, 2019 judgment, declared Muhammed Sani Musa as the validly nominated candidate for the seat, a decision appealed by Umaru, the current Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters Committee.

    In a unanimous judgment of a three-man panel, the Court of Appeal upheld the appeal by Umaru and dismissed the objection filed by Musa.

    In the lead judgment by Justice Stephen Adah, the Court of Appeal voided the certificate of return issued to Musa by the Independent National Electoral Commission (INEC).

    The appellate court, in the judgment given on Monday, agreed with the appellant that the trial court erred in law to have assumed jurisdiction over the suit brought by Musa and granted the reliefs sought.

    READ ALSO: Breaking: Court sacks Sen Committee Chair, Umaru as APC candidate

    The Appeal Court held that the suit filed at the lower court was statute barred and caught up by section 285(9) of the 4th alteration Act of the 1999 constitution, therefore, the trial court lacked the requisite jurisdiction to have entertained it.

    The court also held that the suit was not filed within the mandatory 14 days period after the cause of action, as provided for by section 285 (9) of the 1999 constitution.

    “The suit was caught up by the prescribed constitutional time limit of 14 days having been predicated on the event that took place on the 2nd October, 2018. The originating summons was dated and filed on October 26, 2018 while the subject matter of the suit centred on the event of October 2, 2018,” Justice Adah held.

    Musa had, in his objection, challenged the appeal on the grounds that the appellant had no locus standi to have filed the appeal without the name of his political party, the APC.

    He equally argued that the appeal has become an academic exercise since the election had been conducted and a winner had emerged.

     

     

  • Senate passes whistle blowers protection bill

    Senate passes whistle blowers protection bill

    The Senate on Wednesday passed the Whistle Blowers Protection Bill, which seeks to encourage and facilitate the disclosure of improper conducts by public officers and public bodies.

    The bill, was presented by the Committee on Judiciary, Human Rights and Legal Matters, chaired by Senator David Umaru (Niger East).

    Entitled, “An Act to Protect Persons Making Disclosures for the Public Interest and Others from Reprisals, to Provide for the Matters Disclosed to be Properly Investigated and Dealt with and for other Purposes Related Therewith”, also seeks to ensure that persons who make disclosures and persons who may suffer reprisals in relation to such disclosures are protected under the law.

    It specified who is qualified to make disclosures of improper conduct; the procedure for making disclosures; and the protection due to whistleblowers.

    By virtue of the bill, a person who makes a disclosure shall not be subject to victimisation by his or her employers or by fellow employees.

    In addition, a person who makes a disclosure has the right to take legal action if he or she is victimised by way of dismissal, suspension vindictive transfer, harassment, intimidation or being rendered redundant.

    In his remarks after the passage, the President of the Senate, Dr. Bukola Saraki, described the passage as promise kept and protection for patriotic citizens joining the anti-corruption fight.

    He said, “This is a promise kept. Today, we have passed a landmark piece of legislation to fight corruption and protect patriotic Nigerians who are fighting corruption.

    “This Bill will protect the lives of those who take the risk to expose corrupt practices in Nigeria”.

    While debating the bill, the lawmakers described it as legal mechanism and concept, adopted by many countries in the world and which has helped in the fight against corruption.

    They also noted that the various stakeholders unanimously supported the passage of the bill as it will give more impetus to the fight against corruption and reinforce government’s policy on whistle blowing.

    Also considered was the potential to sufficiently address related issues on whistleblowing in line with global best practices.

    One of the safety catches in the bill is the guarantee of adequate protection for potential whistle blowers against reprisals, victimisation, job losses, etc.

    Also considered was the provision that contemplates monetary reward for whistle ‘ blowers whose information might lead to discovery of looted funds, proceeds of crime or improper conduct.

    The senators noted that provisions of the bill will further strengthen the policy currently being adopted by the Federal Government, which is already yielding positive results.

    They also observed that similar legislation has been enforced in other jurisdictions and it has helped in the fight against corruption and improper conducts by public officers, individuals and corporations.

    It’s the third anti-corruption related bill to be passed by the Senate this year. The Senate had earlier concluded work and passed the Mutual Assistance in Criminal Matters Bill the Witness Protection Bill.

    However, the bill requesting the establishment of special anti-corruption court has been sent to the Constitution Amendment Committee.

    Also, the Proceeds of Crime Bill has been sent to the Senate Joint Committee on Anti-Corruption and Judiciary for further deliberation.

     

     

  • Senate proposes two-year jail term for false witnesses

    Senate proposes two-year jail term for false witnesses

    If the Senate had its way, false witnesses will be liable to two years in prison, courtesy of the Witness Protection Bill which scaled a third reading on Thursday.

    The bill seeks to enable certain persons receive protection in relation to certain information, evidence or other assistance rendered to law enforcement agencies during enquiries, investigation or prosecution.

    However, the other side of the bill seeks punishment for anyone witness giving false testimony under the cover of the bill, or pulling out of an ongoing case for no justifiable reason.

    But there is an option of N500, 000 fine in lieu of the two-year jail term for an offending witness.

    Incidentally, the bill was a brainchild of the late Senator Isiaka Adeleke (Osun West) who died in May.

    Senator David Umaru who anchored the bill on behalf of Adeleke said the witness protection programme contained in the bill is a universally accepted concept for the protection of witnesses who are willing to provide information and evidence for the purpose of enhancing the justice system but whose lives may be threatened.

    Umaru added that the bill seeks to address a major lacuna in Nigeria’s justice system as there are no extant laws in place to protect witnesses that may volunteer to give testimony to advance the cause of Justice.

    “It is to give impetus to the current anti-corruption drive of this administration. No doubt it would restore confidence to our justice system.

    “It also seek to provide an enabling environment to effect government policies that enhance the administration of criminal justice and the fight against corruption and assist unravel criminal activities which has constituted major challenges in corporate existence”, Umaru said.

    Deputy President of the Senate, Ike Ekweremedu who presided over plenary, commended the late Adeleke for initiating the bill.

    “This is one of our contributions to the judicial process. I believe that going forward, those in the judiciary, especially those in the prosecution process will have it easy securing witnesses when they are sure of protection”, Ekweremadu said.

  • Senate passes anti-corruption bill

    Senate passes anti-corruption bill

    The Senate on Tuesday passed the bill on Mutual Assistance in Criminal Matters between Nigeria and other foreign countries in the fight against corruption and other cross-border crimes.

    The bill seeks to enhance collaboration and mutual assistance between the Nigerian government and its foreign counterparts.

    It will also facilitate identification, tracing, freezing, restraining, recovery, forfeiture and confiscation of proceeds of crime wherever they are located.

    The bill was presented by the Chairman of the Committee on Judiciary, Senator David Umaru.

    Senator Umaru said when passed, the bill promotes mutual assistance in criminal matters between Nigeria and other foreign countries.

    The bill was a joint effort among the Judiciary, Human Rights, Anti-Corruption, Financial Crimes, and Foreign Affairs committees of the upper legislative chamber.

    One of the highlights of the bill is the removal of territorial jurisdictional constraints to the fight against corruption.

    “The globalisation and advancement in information and communication technology have made it imperative for a legislation of this nature to be put in place, in order to promote cooperation in the prosecution of cross border offenders and transnational organized crimes,” Umaru said.

     

  • Senate threatens to arrest AGF

    Senate threatens to arrest AGF

    The Senate Tuesday threatened to invoke necessary legislative powers including arrest warrant to drag the Attorney General and Minister of Justice, Mr. Ababukar Malami, to appear before it.

    The resolution followed explanation by the Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Senator David Umaru, on the circumstances surrounding the failure of Malami to honour the invitation of his committee.

    Senate President, Abubakar Bukola Saraki, said that the Senate would be guided by Constitutional provisions to deal with the AGF if he failed once again to honour the invitation of the upper chamber.

    Special Assistant to the President on Prosecution attached to the Federal Ministry of Justice, Mr. Okoi Obono-Obla, had told the committee that it lacked the power to summon Malami since the AGF was not an appointee of the Senate.

    Obono-Obla who represented the AGF at a sitting of the committee insisted before he was walked out of the meeting that Malami did not commit any offence by dragging Saraki and his Deputy, Ike Ekweremadu to court over alleged forgery of Senate standing rule.

    Umaru who came under personal explanation said: “The resolution of the Senate was for the committee on Judiciary, Human Rights and Legal Matters to invite the Attorney General of the Federation and Minister of Justice to appear before it and explain the reason behind attempts to prefer charges against the principal officers of this hallowed chamber.

    “In line with the directive, we invited the Honourable Attorney General, first on the 23rd of June and on that date he did not appear but a letter was received by our committee to the effect that he needed more time to articulate its position and that he was out of the country.

    “The committee obliged him, we scheduled another meeting for the 30th of June, on that day, the Attorney General of the Federation and Minister of Justice did not appear before the committee.

    “However, somebody who claimed to be Mr. Oblar appeared to say that he was appearing on behalf of the minister.

    “The committee therefore told him that he was not an invitee and that we will not attend to him and we asked him to leave.

    “I have being informed by Senator Ita Enag (Senior Special Assistant to the President on National Assembly Matters) and I have received lots of attempts to reach me by the Hon. Attorney General. Senator Ita Enag have informed me that the Attorney General regrets his inability to respond to our petition and that he requests time to appear before us.

    “I think it is important for the distinguished colleagues to be informed about this development and for us to request for more time to give him the opportunity to appear since he has indicated his willingness to appear before the committee.”

    Saraki who did not allow debate of the matter said insisted that the AGF must appear before the committee in line with the resolution of the Senate.

    He noted that failure to comply with the resolution of the Senate to appear before the committee necessary constitutional steps would be taken to enforce Senate resolution.

    The Senate President noted that they would have no choice than to follow strictly what he Constitution dictates if the AGF failed to honour the Senate.

    Saraki said, “We all heard the explanation of the chairman Judiciary. What he is trying to get across to us here is to tell us the status of the situation because what we have been reading in the papers was of great concern where the number one judicial officer of the country will be the one that will be flouting the Constitution.

    “Section 89 (c) of the Constitution is very clear. But it appears from what you are saying that the Attorney General is requesting for one more chance to be given to appear before you.

    “The Senate is always in the progress of development; as such we will do that and ensure that he does come this time.

    “Otherwise, we will have no choice than to follow the constitution strictly.

    “So, you will report back to us before the end of the week to let us know the status of that situation.

    “If that does not happen, we will go ahead and go in line with the Constitution very clearly.”

     

     

  • Education in Nigeria deplorable – Senator

    Education in Nigeria deplorable – Senator

    The Senator representing Niger East Senatorial district of Niger state, Senator David Umaru has bemoaned the deplorable condition of the education sector in the country urging federal and state government to put in more effort in the sector.

    He expressed fear for the future of the nation when the state of the education sector which is meant to educate the future leaders is in deplorable state.

    Umaru who spoke to newsmen in Minna stressed on the need to place premium attention to education lamenting a situation where most rural schools have no teachers and government abandon such schools because they are in the rural area.

    “We need to go premium to education because the education sector is in a deplorable condition. I wonder what the future of the nation will be like if government do not put in more effort in education.”

    The Chairman of the Senate committee  on Judiciary, Human Rights and Legal matters disclosed that he is poised for intervention and innovation in the education sector across his senatorial district adding that he has expended N10 million to carry out various education programmes and initiative.

    Umaru explained that 325 students have been sponsored to write CBT JAMB examinations, 300 students have been sponsored to write NECO common entrance examinations under the education programmes while there have been direct payment of school fees to indigent children.

    He further said that 412 women and widows are currently undergoing a four month traing programme in tailoring in the nine local government areas of the senatorial district.

    The Senator assured that he will not relent in his struggle to make life better for all individuals within the senatorial district.