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  • TMG, others advise INEC on rescheduled polls

    THE Transition Monitoring Group (TMG), Human and Environmental Development Agenda (HEDA) and the Election Observation Platform have urged the Independent National Electoral Commission (INEC) to put its house in order before the rescheduled elections.

    The groups expressed their disappointment and regret over the last-minute postponement of the presidential National Assembly election scheduled to hold last Saturday.

    “We, however, hope that INEC would resolve its logistics issues before the newly scheduled dates for the elections as we urge Nigerians and friends of Nigeria not to be discouraged in exercising their civic responsibility to elect leaders of their choice to various political offices. We further urge political parties to rise above partisan considerations and call on their members to refrain from comments and actions that could jeopardise the successful conduct of the elections,” TMG Chairperson Dr. Abiola Akiode-Afolabi said.

    Read also: PT presidential candidate urges INEC to shift elections’ dates

    The group lamented that despite repeated assurances of preparedness, INEC still went ahead to dash the hopes of millions of Nigerians and international partners.

    TMG, which said it had sent over 4,000 election observers to all the states of the federation, including the Federal Capital Territory (FCT), was miffed that INEC attributed the postponement of the polls to logistics and operational challenges without elaborating on details or tendering any apology for disappointing the country.

  • TMG faults Buhari’s refusal to sign Electoral Amendment bill

    The Transition Monitoring Group (TMG)  has expressed concerns on the refusal of President Muhammadu Buhari to sign the Electoral Amendment Bill.
    The group in a statement signed by its chairperson, Dr. Abiola Akiyode-Afolabi said the President’s refusal was capable of undermining the marginal gains towards achieving credibility in the electoral system.
    TMG had in the past raised concerns over the time-frame for the amendment of the electoral act and its likely implication to the 2019 Elections.
    Condemning the act, Dr. Akiyode-Afolabi said: “While TMG recognizes this fundamental challenge, the reasons upon which the presidency is hinging its withholding of assent on is unattainable, as the journey to the version passed into law by the legislature is a product of extensive deliberation between the executive and legislature.”
    The group also called on the President to reconsider his position, assent to the bill and save the country the uncertainty that his actions might cast on the integrity and credibility of the 2019 general elections. 
    Dr. Akiyode-Afolabi while admitting that the  elections must respect international standards and protocols, noted that the ECOWAS protocol on elections on which the presidency hinges part of the decisions that forbids amendments to laws six months to an election must be properly situated and the context within which that provision was made be properly articulated.
    She said: “The provision was made to deter sight tight leaders in the region from making fundamental changes to their laws to hold onto power and gain unfair advantage in the electoral process, in this case there seems to be a general consensus and agreement of all stakeholders on the urgent necessity of the amendments to the Electoral Act.”
    Dr. Akiyode-Afolabi also reiterated the fact that the amendment as it is, gives no candidate any advantage rather it provides a level playing field to all the players in the elections and therefore the argument of the ECOWAS protocol is not tenable.
    “The Presidency rather is taking undue advantage of its political power to rescind ascent on an issue of utmost importance to the people without being mindful of the implication on the 2019 Elections and the credibility of elections in Nigeria.”
    She also said the amendments would have addressed some gaps in the present electoral act that had negatively affected the credibility of  Nigeria’s elections in the past and incorporated some of the recent innovations and developments in the system.
    She also said the off season elections had given INEC reasonable time and grounds to try out some of these key innovations especially bordering on the application of technology such as the elimination of manual accreditation which had been one of the biggest challenge of dealing with rigging in the country.
    While noting that the law does not totally address some of the key issues the TMG has raised in the past such as electoral offenses among others, the amendment she said will help to consolidate the gains made so far in strengthening the electoral system and protect the integrity and credibility of the process while providing the framework for progress in the future
    “The current impasse further serves to cast doubts on the commitment of the government to credible free and fair elections in the country.”
    “The TMG as a matter of urgency calls on the President to reconsider his position, assent to the bill and save the country the uncertainty that his actions might cast on the integrity and credibility of the 2019 general elections.”
    Dr Abiola Akiyode-Afolabi while  reiterating the fact that the survival of Nigeria’s democracy is more important than the interest of its political actors called on all Nigerians to use all the legitimate means possible to hold the leaders and institutions to account on delivering on the 2019 elections.

  • TMG identifies violence-prone areas

    As Osun State governorship election holds today, an independent election observation organisation, the Transition Monitoring Group, has identified some parts of the state with tendency for violence.

    The group listed Ede, Iwo, Ife, Ilesa, Iragbiji, Ikire and Osogbo the state capital among areas described as flash points security agents must pay serious attention to.

    At a press conference addressed by the group’s chairperson, Dr. Abiola Akiyode-Afolabi, in Osogbo yesterday, the TMG said it had assessed the situation before today’s poll and also sensitised voters and other stakeholders about their responsibilities before, during and after the election.

    The TMG chairperson advised the Independent National Electoral Commission (INEC) and security agencies to be professional in the discharge of their duties during the election.

    Afolabi-Akiyode, who is also the Director, Women Advocates Research and Documentation Centre, also urged the stakeholders in electoral process to shun vote buying and selling, saying everybody should work towards peaceful, free, fair and credible poll.

    Also, a non-governmental organisation, the Pan African Women Projects, has lauded the INEC for its readiness to conduct a free, fair and credible election in Osun State.

    Addressing a press conference during its pre-election assessment report in Osogbo yesterday, the Head of Mission, the Pan African Women Project, Dr. (Mrs.) Eno Udensi, noted that INEC has been transparent in its dealings.

    She said: “We observed a hardworking Independent National Electoral Commission (INEC) with a mission towards a transparent electoral process.”

    According to Udensi, the Pan African Women Projects consists of 55 nations of Africa and the Diaspora with headquarters in Johannesburg, South Africa.

    She disclosed that the NGO recruited no fewer than 150 persons who are indigenes of Osun State to form a formidable team with the international observers.

    Udensi, who identified inducement as the bane of the current electoral process as it manifested heavily in the last gubernatorial election in Ekiti State, noted that the ugly trend is also rearing its ugly head in Osun through suspicious empowerment programme, distribution of gift items among others by the politicians.

    She endorsed the steps taken by INEC to curb vote buying from the nation’s politics with measures such as restriction of electorate from carrying hand phones into voting arena and repositioning of polling arena.

    Dr. Udensi described the campaigns and rallies held by political parties across the state as expensive, adding, however, that the rallies were devoid of violence.

    In its contribution, the Director General, Centre for Credible Leadership and Citizenship Awareness, Dr. Nwambu Gabriel, called on the electorate in Osun State to conduct themselves peacefully.

  • Osun 2018: TMG identifies violence prone areas

    …Group lauds INEC’s readiness for credible election

     

    As Osun State governorship election holds Saturday, an independent civil society election observation organization in Nigeria, the Transition Monitoring Group, has identified some parts of the state with tendency for violence.

    The group listed Ede, Iwo, Ife, Ilesa, Iragbiji, Ikire and Osogbo, the state capital among areas described as flash points that the security agents must pay serious attention to.

    Read Also:NSCDC deploys over 10,000 operatives for Osun guber poll

    At a press conference jointly addressed by the group’s chairperson, Dr. Abiola Akiyode-Afolabi, in Osogbo State on Friday, the TMG disclosed that it has assessed the situation before today’s poll and also sensitized the voters and the other stakeholders about their responsibilities before, during and after the election.

    The TMG chairperson advised the Independent National Electoral Commission (INEC) and security agencies to be professional in the discharge of their duty during the election.

    Afolabi-Akiyode, who is also the Director, Women Advocates Research and Documentation Center, also urged the stakeholders in electoral process to shun vote buying and selling, saying everybody should work towards peaceful, free, fair and credible poll.

    Also, a non- governmental organization, the Pan African Women Projects, has lauded the Independent National Electoral Commission for its readiness to conduct a free, fair and credible election in Osun State.

    Addressing a press conference during its pre-election assessment report in Osogbo on Friday, the Head of Mission, the Pan African Women Project, Dr. (Mrs.) Eno Udensi noted that the INEC has been transparent in its dealings.

    She said: “We observed a hardworking Independent National Electoral Commission INEC with a mission towards a transparent electoral process.”

    According to Udensi, the Pan African Women Projects consists of fifty-five nations of Africa and the Diaspora with headquarters in Johannesburg, South Africa.

    She disclosed that the NGO recruited no fewer than 150 persons who are indigenes of Osun to form a formidable team with the international observers.

    Udensi, who identified inducement as bane of the current electoral process as it manifested heavily in the last gubernatorial election in Ekiti State, noted that the ugly trend is also rearing its ugly head in Osun through suspicious empowerment programme, distribution of gift items among others by the politicians.

    She endorsed the steps taken by the INEC to curb vote buying from the nation’s politics with measures such as restriction of electorate from carrying hand phones into voting arena and repositioning of polling arena.

    Dr. Udensi, however, described the campaigns and rallies by political parties across the state as expensive, adding however that the rallies were devoid of violence.

    In its contribution, the Director General, Centre For Credible Leadership and Citizenship Awareness Dr. Nwambu Gabriel, called on electorate in Osun to conduct themselves peacefully.

  • TMG hails INEC’s improvement

    AN independent civil society election observation organisation, the Transition Monitoring Group (TMG), has lauded the Independent National Electoral Commission (INEC) for its improvement in the management of the July 15 Ekiti State governorship election.

    TMG, in a statement by its chairperson, Dr. Abiola Akiyode-Afolabi, acknowledged INEC’s “extensive consultation” in the build up to the election.

    It said the electoral body managed logistics in an effective and timely manner.

    The group hailed the people of Ekiti State for conducting themselves peacefully during the exercise.

    Noting that there was an improvement in the conduct of INEC officials during the election, the group suggested that there must be minimum benchmark as the nation prepares for the 2019 general elections. TMG added that the electoral body should also look at the working of the card reader with “a view to dealing with issues identified during the Ekiti State election, which includes fingerprint authentication and the speed of the machines”.

    The statement said: “TMG is concerned with the massive deployment of security agencies and personnel during the election. The country should be working towards a less policed electoral process. The TMG is of the opinion that mobilising the whole gamut of the country’s security infrastructure is not necessary as this could intimidate voters and further drive voter apathy, which is a key concern for the electoral process, looking at the discrepancy between the number of registered voters and those who actually vote

    “While we commend the people of Ekiti State for coming out en-mass to vote, but we are struggling to come to terms if this large voter mobilisation is not hinged on the incentives of the financial inducement from political parties for their votes. This question has become necessary in the face of the massive acceptance of the financial inducement by the voters.”

    It added: “The TMG calls on Nigerians to shun partaking in such act as it has far-reaching implication for the nature of relationship that evolves between elected leaders and the people in the quest for accountability and transparency in governance. The TMG is concerned about the growing trend of vote buying by political parties and contestants in elections.”

  • Mantu: TMG tasks civil societies on future polls

    An independent civil society election moni-toring organisation in Nigeria, the Transition Monitoring Group (TMG), has called on civil society organisations (CSOs) to build synergies, share information and massively engage in the electoral process if “desperate politicians must be deterred from compromising future elections. The call was contained in a statement signed by its Chairperson, Dr. (Mrs.) Abiola Akiyode-Afolabi.

    Reacting to the recent confession of former Deputy Senate President, Ibrahim Mantu, about using bribes to undermine the credibility of past elections, TMG, in a statement, said the confession amounts to a call to duty, “which we must heed to ensure the 2019 elections are free, fair and credible.” The group maintained that the authorities must treat Mantu’s confession with a deeper scrutiny if Nigerians are to get a sense of closure from the terrible events of the recent years.

    “Without doubt, Senator Mantu’s confession goes to the heart of the problem of morally bankrupt political leadership, which has been the bane of Nigeria’s nation building, since the return of democracy in 1999. Although we have always known that the political elite would do anything possible to undermine the electoral process, yet the stark reality of a legislator, who effectively was the nation’s number two lawmaker at some point, owning up to shady schemes to undermine the electoral process, is more worrisome.

    “The last time we checked, using bribes to tamper with the electoral process and all actions undermining the vote of the people, are crimes punishable by the extant laws of the land. Sections 124 and 130 of the Electoral Act 2010, as amended, make it punishable offences for anyone to pay or receive bribes to influence the outcome of elections. These clear provisions of the law must be invoked in addressing specific cases like these.”

    TMG also called on Mantu to go further by mentioning the particular elections, which he and his co-travellers at the time used bribes to undermine. It also charged Mantu to be patriotic by giving names of all the Independent National Electoral Commission (INEC) and members of the security agencies who participated in the act of subverting the votes of the people.

     

  • TMG tackles INEC for inconclusive polls

    TMG tackles INEC for inconclusive polls

    The Chairman, Transition Monitoring Group (TMC), Dr. Abiola Akiyode-Afolabi, yesterday condemned the comment by Chairman of the Independent National Electoral Commission (INEC) Prof. Mahmoud Yakubu that he could not guarantee conclusive elections in 2019.

    She urged the commission to conclude the 2019 general election, for it to be taken serious by the local and international community.

    Speaking in Abuja shortly after her inauguration, she advocated the electoral offences commission to address  electoral irregularities, including violence and immunities.

    The civil society, she said, must consolidate their work with Nigerians and set agenda to guarantee good governance and accountability.

    She said: “One major concern to the polity is the recurring problems of inconclusive elections, which TMG is poised to work with other stakeholders to address so that subsequent elections are duly concluded, legitimate and reflect the wishes of the voters and the populace. This task becomes the more urgent with the recent position of the chairman of INEC that the electoral umpire cannot guarantee the Nigerian people conclusive polls in 2019; that is a defeatist statement, which does not augur well for the country.”

    Akiyode-Afolabi said while it is true that chronic insecurity in the electoral space has been largely responsible for the inconclusiveness of elections, INEC has an important role to play “if we must address inconclusiveness in the electoral process.”

    “The commission must be proactive in putting systems in place and in educating voters in electoral constituencies to help them understand the realities of the process. We are therefore call for an Electoral Offences Commission to address electoral impunity”, she suggested.

    She said: “In essence, we have a historic responsibility to make the aspirations of Nigerians come true by empowering them to demand, defend and claim their electoral rights and holding our leaders and the system accountable. The task before us is to engage the civic space and other critical stakeholders, to ensure election results reflect the wishes of the people. This is the road to travel to ensure effective representation at all levels of government, without which good governance would not be possible.

    “On our part, TMG on my watch will provide the leadership required by civil society to engage the most fundamental issues facing the electoral process. We have an electoral law that deserves review; there is the impunity in the system which we must never be tired of mobilising Nigerians to reject. However, we will not achieve these laudable goals without a united front. I, therefore, seek a united front and urge everyone to join hands with us as we begin this important journey.”

     

  • TMG wants Kachikwu to resign over hike in fuel price

    TMG wants Kachikwu to resign over hike in fuel price

    The Transition Monitoring Group, TMG Thursday demanded the immediate resignation of the Minister of State for Petroleum Resources and the Chief Executive of the Nigerian National Petroleum Corporation, NNPC,  Ibe Kachikwu over the hike of the price of Petrol.

    The TMG in a statement issued in Abuja Thursday and signed by its Chairman, Ibrahim Zikirullahi said it “stoutly rejected  the N145 pump price of petrol imposed by Federal Government”

    TMG said, “to  say the least, this imposition portrays the government as insensitive, and out of touch with the daily unbearable plight of the ordinary Nigerian.

    “Coming at a time when the implementation of the recently signed 2016 Budget, is yet to take off, the hike in the face of groaning and pains, is ill-timed and badly advised.

    “It is tantamount to killing a willing horse to ask the Nigerian people, who are already carrying the heavy burden of the failure of governance over the years, to take on one more load of extreme economic hardship, as represented by the imposed price of petrol.

    “As a grassroots coalition, which has tried to rally patriotic support for the anti-corruption crusade and other government initiatives, which we believe would make the lives of Nigerians better, we must stress that our support of the government is conditioned by the impact of its policies on the long suffering people of this country.

    “Our allegiance is to the Nigerian people, and whenever they come under the hammer blows of insensitive policies, we are duty-bound to speak up in defence of ordinary citizens.  As is the case with this latest hike, we must place it on record that it is absolutely anti-people.

    “TMG will join forces with Labour and other activists to resist this hike. With the many economic woes afflicting the country, including job losses, massive unemployment and galloping-inflation, the least we expected the government to do was to give Nigerians a breather, and allow some form of recovery to take place through a stimulus package injected into the economy to rev it back to life before placing any further burdens. To our utmost disappointment however, ordinary Nigerians have been hung out to dry, and left at the mercy of shylock fuel importers. These importers who can mobilize funds to import petrol, but cannot invest in refineries, are the ones being given a free rein to exert profit from the blood and sweat of ordinary citizens.

    “The Nigerian people feel particularly let down by the unending flip-flopping of the Minister of State for Petroleum Resources, Ibe Kachikwu. Kachikwu’s chameleonic pronouncements on the fuel situation over the past months have left many Nigerians befuddled. One minute he is declaring that refineries have started production, the next minute, he is telling the nation all manner of cock and bull stories about strategic reserves, and the effect of the activities of economic saboteurs. We wonder why ordinary Nigerians would be made to bear the brunt of the crimes of economic saboteurs, whom government with all its might is not ready to deal with.

    “This endless prevarication has kept Nigerians in the dark about the real issues in the oil and gas sector. Kachikwu’s trumpeted move to unbundle the Nigeria National Petroleum Corporation was touted by him as panacea to the issues in the oil and gas sector. As it stands it has all become motion, at the expense of real impact. As if to add insult to injury, Kachikwu’s announcement of the hike failed to provide any road map towards ending importation of petrol, which is the root cause of the current crisis. On the basis of these and many more indiscretions, TMG calls on Kachikwu to immediately throw in the towel, as he has serially demonstrated a lack of understanding of the issues in the oil and gas sector. TMG calls on all Nigerians to reject this insensitive hike in the price of petrol, and prepare for mass action to send a clear message that this imposition cannot stand,” the statement said.

  • Jonathan’s agents offered us N2bn ahead of 2015 elections – TMG

    Jonathan’s agents offered us N2bn ahead of 2015 elections – TMG

    The Transition Monitoring Group (TMG) – a coalition of over 400 civic organizations –alleged yesterday that agents of the Jonathan administration offered it a bribe of N2 billion for the  purpose of  compromising the outcome of the 2015 elections.

    The bribe offer came by way of  what the  TMG chairman, Comrade Ibrahim  Zikirullahi, branded a dubious proposal.

     ”Specifically, some errand boys from the Presidency at the time came to us with a dubious proposal that 50,000 agents of the PDP be fielded as TMG observers,”  Zikirullahi said in a statement.

    “In financial terms, the errand boys expressed the Presidency’s readiness to fund the fraud with the sum of N2 billion Naira.”

    The allegation is coming on the heels of ongoing   investigation by the Economic  and Financial Crimes Commission (EFCC) into how $115million (N23.299billion) was  contributed by some oil barons  and shared to some electoral officials to rig the elections in favour of ex-President Goodluck Jonathan.

    Fidelity Bank, which handled the disbursement of the funds, has already refunded the N49.7million profit it made from the deal while the EFCC  is said to have  recovered N408.7million from some of the beneficiaries of the slush funds.

    The TMG said yesterday that it has now been “vindicated by the latest revelations from the EFCC about how some INEC chiefs and election monitors shared from N23.3 billion slush provided by former Minister of Petroleum Resources, Mrs. Diezani Allison Madueke.”

     It added:”With the realization that a good name is better than silver and gold, we stoutly rejected the Greek gift, just as we held our head high in defence of the truth and the best interest of Nigerians.

     ”The participants in this grand scale bazaar had only one objective: to subvert the electoral process, undermine the votes of the Nigerian people and rig in their paymaster.

    “It is utterly shocking that people entrusted with the sacred and heavy responsibility of superintending the electoral process would descend so low to stake the credibility of a critical democratic institution on the altar of quick enrichment.

    “In any case, the TMG had always known that the day of reckoning would come for all those who sought to exchange the sacred position they occupy for a mess of pottage.

    “The bigger tragedy is the case of so-called civil society organizations which threw the very basis of their credibility as election observers to the dogs.

    “We cannot mince words about the fact that these indicted INEC officials and their monetized co-conspirators masquerading as election observers have betrayed the nation.

    “They are the unscrupulous elements who give the nation a bad name in the international community.

    “It is, therefore, imperative for the EFCC to do a clinical investigation and ensure all those culpable are named, shamed and jailed.

    “It is pertinent to recall that in the build-up to the 2015 elections, the TMG kept on announcing that there were anti-democratic forces heavily funded by filthy lucre from the immediate past Presidency which wanted to undermine the electoral process.

    “We repeatedly warned all stakeholders to be on their guard in order to wade off all machinations bent on subverting the express wishes of Nigerians.

    “It is also worthy to note that the TMG itself was not spared the excruciating pressure and inducement aimed at pushing us to compromise our position.

    “For daring to turn down what the enemies of democracy termed, a “juicy” offer, the TMG was repeatedly vilified and persecuted by institutions of the state.

     “Even after the elections, TMG Chairman, Comrade Ibrahim M. Zikirullahi, was severally trailed by unknown men, who obviously had sinister intentions.

    “In the end, the TMG, as an organization, chose not to travel on the path of least resistance.

    “As the chickens come home to roost with these weighty revelations from the EFCC, it is time to separate the patriots from the chaff both in civil society and in the INEC.

    “For us, the INEC, as an institution, should immediately set up a far-reaching and transparent disciplinary process to make a public example of all those rotten elements who descended so low to drag the institution in the mud.

    “It is only by implementing this process of thorough cleansing that INEC can begin the process of restoring public confidence.

    “As for those weak characters in civil society, who decided to sell their conscience and shirk their responsibility to the Nigerian people, it is time to account.

    “And because our vindication as a civil society coalition rings clear, all we can say is: let the music play and let the traitors who attempted to toy with the nation’s destiny face the melody.”

  • CCB/CCT Act’s amendment: NLC, TMG, Falana slam Senate

    •SERAP petitions UN special rapporteur

    More criticisms yesterday trailed the planned amendment by the Senate of the Act establishing the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT).

    The Nigeria Labour Congress (NLC) described the amendment as a legislative ambush capable of scuttling Senate President Bukola Saraki’s trial.

    In a statement, entitled: “A Dangerous Amendment” by its President, Comrade Ayuba Wabba, the congress said Nigerians believed that the amendment was aimed at scuttling the trial.

    The NLC said while the intention of the Senate might be noble and in line with their legislative function, the timing of the amendment calls to question the real intentions of the upper house.

    The statement reads: “It is quite intriguing that it took the trial of the Senate president for the Senate to discover the flaws in the law(s).  Putting it bluntly, despite the spirited defences by the deputy Senate president to the contrary, not a few believe that this legislative move is a desperate attempt to scuttle the trial of the Senate President, Dr. Bukola Saraki, at CCT.

    “On our part, we do not think the privileges of the Senate president extend to exemptions from civil or criminal trials. At the moment, only the President and his deputy, the governor and their deputies enjoy this privilege. Thus, what the Senate is trying to do is no more than a legislative ambush.”

    The Transition Monitoring Group (TMG) urged the Senate to halt the desecration of the upper chamber of the National Assembly with the amendment.

    The TMG, in a statement in Abuja yesterday by its Chairman, Ibrahim Zikirullahi, said the amendment showed the level of desperation and the despicable extent to which legislators were willing to descend.

    “As far as we are concerned, Saraki’s trial at the CCT is his personal business.

    “ It is, therefore, a vexatious affront on the sensibilities of Nigerians that the weight of the legislature would be brought to bear in this disturbing attempt at given him political rehabilitation.

    “TMG frowns at this gangster approach to legislative business.”

    Also yesterday, Lagos lawyer Femi Falana (SAN) advised the Speaker of the House of Representatives, Yakubu Dogara, not to lend his weight to the proposed amendment by the Senate.

    Falana told Dogara that the proposed amendments were illegal and unconstitutional.

    He argued that where the constitution already made provisions for an Act the National Assembly is seeking to amend, such new provisions would be regarded as invalid, duplication and inoperative.

    He contended that the CCB and CCT Act could not be amended without first amending the constitution and advised him and other members of the House to persuade the Senate to terminate the proposed amendments.

    The lawyer noted that when the Corrupt Practices and other Related Offences Act 2000 was amended in 2003, following investigation allegations of corruption involving the leadership of the Senate, the Federal High Court set aside the amendment since it violated the constitution.

    Falana gave three reasons why the amendment proposed by Senator Peter Nwaoboshi, which the Senate passed the second time is unconstitutional.

    He said: “First, to the extent that the proposed amendment is designed to serve the interests of an individual, it is a violation of section 4 (2) of the Constitution, which has empowered the National Assembly to make laws ‘for the peace, order and good government of the federation or any part thereof…’

    “Second, notwithstanding that the Senate president has decided not to preside over the plenary in the Senate, whenever the bill is being debated, the whole exercise is a clear violation of Paragraph 1 of the Code of Conduct for Public Officers enshrined in Part 1 of the Fifth Schedule to the Constitution, which stipulates that ‘a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities’.

    “Third, Section 3 of the Act, which the National Assembly seeks to amend, has become spent. Senator Nwaoboshi was reported to have said that he was proposing an amendment to Section 3 of the Act to provide ‘for an opportunity for the person whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person’.

    “With respect, Section 3 of the Act is in pari materia with Paragraph 3 (e) of Part 1 of the Third Schedule to the constitution. To that extent, Section 3 of the Act is inoperative and invalid in every material particular. In Attorney-General of Abia v Attorney-General of the Federation (2001) 17 WRN 1, the Supreme Court held: ‘Where the provision in the Act is within the legislative powers of the National Assembly, but the constitution is found to have already made the same or similar provision, then the new provision will be regarded as invalid for duplication and or inconsistency and therefore inoperative. The same fate will befall any provision of the Act which seeks to enlarge, curtail or alter any existing provision of the Constitution. The provision or provisions will be treated as unconstitutional and therefore null and void.”

    The Socio-Economic Rights and Accountability Project (SERAP) yesterday said it petitioned United Nations (UN) Special Rapporteur on Extreme Poverty and Human Rights Prof. Philip Alston, asking him to request the Senate to withdraw the proposed amendments.

    In a petition by its Executive Director, Adetokunbo Mumuni, the organisation argued that the proposed amendments, “if passed into law, would weaken the act, undermine the fight against corruption, exacerbate poverty and violations of internationally recognised human rights.”

    The organisation urged the Special Rapporteur to pressure the Senate to withdraw the amendments and ensure that a climate of legislative impunity and official corruption is not allowed to undermine the mandate of the Special Rapporteur to advance human rights and address poverty.