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Tag: unconstitutional

  • Freezing of Benue govt account unconstitutional, says Yari

    Zamfara State Governor Abdulaziz Yari yestedday said freezing of Benue State government accounts by the the Economic and Financial Crimes Commission (EFCC) is an attempt to shut down the state.

    Yari, Chairman of the Nigerian Governors Forum (NGF), also described the EFCC action as unconstitutional.

    He spoke with State House correspondents after a meeting the Acting President Yemi Osinbajo at the Presidential Villa.

    He urged the Federal Government not to allow security agencies to become lawless.

    He said: “The freezing of any account of the state government whether Benue or anywhere is unconstitutional and not right. That is shutting down government. Government must spend, most especially Benue that is facing insecurity challenges.

    “Well, we don’t know why the EFCC took the action. But if indeed the EFFC froze the account, from my point of view, it is wrong.

    “This government will not sit down and oversee unlawful operation from security agencies. From what happened yesterday (Tuesday, Daura sack), everyone can understand that government is following due process and the laws of Nigeria.

    “For one to just send security agencies to shut down the National Assembly, and the action that followed, that is what gave credit to this government by local and international community.

    “Similar thing happened in 2011 and 2014 but nothing was done about it, this time around, government said enough is enough. The government of Muhammadu Buhari is following due process and will never oversee an unlawful activity by any security agency. So in the case of Benue, I believe something must be done.” he said

    Kano State Governor Umar Ganduje condemned Tuesday’s invasion of the National Assembly by security agents, saying that the legislature must be allowed to operate according to law.

    He said: “To use security agencies in trying to prevent them from doing there own normal legislative functions, i think it wrong.

    “But I have to salute the acting President for taking immediate action in order to save the situation.

    “The National Assembly is a very important institution and we should not embarrass ourselves and allow foreigners to view us as undemocratic.

    “The situation now has been corrected. It is something that is unfortunate, we have to move forward.” he added.

  • NPO, stakeholders reject Press Council Bill

    THE Nigerian Press Organisation (NPO) has rejected the Nigerian Press Council Bill 2018, describing it as unconstitutional and irreparably bad.

    The bill, which is at second reading stage at the Senate, seeks to empower the Nigerian Press Council on decisions relating to training institutions and professional qualifications that would be acceptable for journalism practice in Nigeria.

    The NPO comprises the Newspaper Proprietors’ Association of Nigeria (NPAN), Nigeria Guild of Editors (NGE), Nigerian Union of Journalists (NUJ), Broadcasting Organisations of Nigeria (BON) and other media stakeholders.

    A statement signed by NPAN President Nduka Obaigbena, NGE President Funke Egbemode, NUJ President Waheed Odusile, BON Chairman John Momoh, International Press Centre (IPC) Director Lanre Arogundade, Institute For Media and Society Executive Director Dr. Akin Akingbulu and Media Law Centre  (MLC) Director Richard Akinnola said the bill, if signed, would “adversely and illegally interfere in media operations in Nigeria”.

    The NPO said the bill would also be sub judice because a case against it is pending at the Supreme Court.

    The statement read: “The bill is, for all intents and purposes, draconian and anti-press freedom being an amalgamation of the obnoxious Public Officers Protection Against False accusation Decree No. 4 of 1984 and the Newspapers Registration Decree 43 of 1993.

    “The bill seeks to criminalise journalism practice despite the fact the laws of the country already have enough provisions and avenues for seeking legal redress.”

    The NPO accused the bill’s promoters of attempting to extra-judicially “usurp the powers of the courts” through the bill.

    It was also stated that the bill could incapacitate the media in the exercise of its constitutional duties and obligations to “monitor governance and hold government accountable to the people.”

    According to the NPO, the bill violates Section 39 of the 1999 constitution (as amended) and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement Act) No. 2 of 1983 which is now part of the country’s laws.

    It added: “That the bill through some of its other obnoxious provisions seeks to indoctrinate Nigerians, through the use and misuse of curricula in training of journalists and usurp the powers of the regulatory bodies in the educational sector affecting media training, especially the National Universities Commission (NUC) and the National Board for Technical Education (NBTE).

    “The bill seeks to create the impression that the Nigerian media community does not take the issues of ethics and self-regulation seriously whereas it is a well-known fact that the mechanisms actually exist including the Code of Conduct of Journalists in Nigeria, the Ethics Committees of the NUJ and NGE and the recently launched Nigerian Media Code of Election Coverage endorsed by media stakeholders.

    The stakeholders made three demands, including that the bill should be dropped, the government should “guarantee press freedom” and “borrow from best practices in other jurisdictions”.

  • ‘Nigeria’s monarchies are unconstitutional’

    The constitution of Nigeria makes no provision for the existence of Obas and Chiefs; it is, therefore, a violation of the constitution to pay traditional rulers from the public purse,” a former Attorney-General of Lagos State and Senior Advocate of Nigeria (SAN), Mr. Olasupo Shasore has said.

    He made the submission at a policy dialogue hosted by the Centre for Public Policy Alternatives (CPPA), a non-partisan public policy think tank based in Lagos, and the Lagos Court of Arbitration (LCA).

    Although according to him, he is not advocating the abolition of traditional institutions as represented by traditional rulers, he restated the need to legalise their existence and constitutionally define their powers, roles and jurisdiction in the 21st century Nigeria.

    According to him, “there is a gap between what we say and what we do. If we say traditional institutions are no longer relevant, how is it that traditional rulers were instrumental in resolving (at least temporarily) the conflicts in the Niger Delta, and the ultimatum issued to Igbos? If the traditional institutions were so revered, how come we could distort and disrupt years of history with such events as those in Oyo State? Why do state governments have the power to arbitrarily ‘upgrade’ monarchs? We need to constitutionalise these traditional institutions, and legitimatise the lies.”

    The  event was organised by CPPA and LCA to evaluate the role of traditional institutions in governance and dispute resolution in present day Nigeria, while seeking to harmonise the rule of law with traditional dispute resolution mechanisms for economic recovery and growth.

    Speaking at the event, the Obi of Onitsha, HRM Igwe Alfred Nnaemeka Achebe, observed that although the monarch’s ruling is final within the traditional council, the council in fact accepts the superiority of the civil courts; dissatisfied disputers may therefore seek resolution at the civil courts. He added that “unlike English law which uses a winner-takes-all approach, the Onitsha traditional council takes a conciliatory approach to dispute resolution and judges each case on its own merit. A case may be won or lost on the facts rather than technicalities. The traditional courts also reduce the workload of the civil courts by resolving cases in a timely manner.”

    Also present at the event were Professor Melvin Ayogu (Visiting Professor of Economics, American University of Sharjah), legal experts, community rulers, business executives and policy analysts from the Centre for Public Policy Alternatives.

    While discussing the continued relevance of traditional institutions in 21st Century Nigeria, HRM Serena Dokubo-Spiff, the Amadabo of Ada-Ama (Brass Local Government) Bayelsa State, stated that traditional institutions were largely successful in fostering an atmosphere of peace, stability and economic progress in pre-colonial, colonial and post-colonial Nigeria. If these are eroded, disruption is inevitable.

     

     

     

  • Zoning’s unconstitutional, says PRP candidate

    Zoning’s unconstitutional, says PRP candidate

    The candidate of the Peoples Redemption Party (PRP) the governorship election in Anambra State, Dr Stephen Mbah, says the idea of zoning adopted by most of the parties contesting the poll is unconstitutional.

    This, he added, led most of the political parties to pick their candidates from Anambra North senatorial zone, which is favoured to produce the next governor.

    Speaking with our correspondent in Awka, the State capital, Mbah said the idea is unconstitutional because it was not endorsed by the Anambra State House of Assembly. He described it as a winner-takes-all formula, which would not stand the test of time.

    Mbah said it was an arrangement by some group of people to favour certain persons in the race. He said the best approach was to have a rotational system endorsed by the state House of Assembly that would allow each zone to occupy the position for four years.

    Mbah said only governors that have done well in their first term should be allowed to vie for a second term.

  • SAN to court: EFCC charges against me unconstitutional

    SAN to court: EFCC charges against me unconstitutional

    A Senior Advocate of Nigeria (SAN), Dr. Joseph Nwobike, yesterday told a Lagos State High Court that the five-count charge filed against him by the Economic and Financial Crimes Commission (EFCC) was unconstitutional.

    Nwobike is standing trial before Justice Raliat Adebiyi for alleged attempt to pervert the course of justice and offering gratification to a public official.

    Yesterday, defence counsel, Mr. O. Akoni, informed the court that the charges against Nwobike were unconstitutional and he intended to make a no-case submission.

    Denying a claim by prosecution counsel, Rotimi Oyedepo, that the defence had filed “a harvest of motions”, Akoni told the court that his client looked forward to a speedy trial.

    He said: “We have another application, but we want it taken after the prosecution has closed its case so that we can start trial without delay. We intend to make a no-case submission.

    “I want us to move faster. We’re saying among other things that this charge is unconstitutional.”

    Opposing the defendant’s application, the prosecution said it was defective.

    “The applicant’s application violates S.158 of the Administration of Criminal Justice Law, if read together with Section 212.”

    He argued that if such an application is found to be incurably defective, the court would have no option but to strike it out, “instead of keeping it in abeyance”.

    In her ruling, Justice Adebiyi upheld the defendant’s submission.

    “The defendant’s application will not prejudice the prosecution’s case,” the judge ruled.

    The case was adjourned till April 21 and 22 for the prosecution to open its case.

    On April 9, Nwobike was arraigned by the anti-graft agency on allegations that he gave the sums of N750,000 and N300,000 to Justice Mohammed Nasir Yunusa of the Federal High Court to influence the judge to pervert the course of justice.

    He denied the charges and was granted bail on self recognisance.

    Nwobike, in a statement to the EFCC, had explained that the money was not meant to bribe the judge. He said it was the judge who asked him for financial assistance in respect of his mother, who was undergoing dialysis due to failing kidney.

     

  • Buhari as Petroleum Minister unconstitutional

    SIR:  ”The President of Federal Republic of Nigeria shall not, during his tenure in office, hold any other executive office or paid employment in any capacity whatsoever”- Section 138, Constitution of Federal Republic of Nigeria, 1999. Pursuant to the quoted Section, the President is expressly, definitively and unambiguously not allowed/disallowed from holding any other executive position throughout the duration of his presidency.

    President Muhammadu Buhari chose to formally inform fellow citizens of his intention to retain the Petroleum Resources ministerial portfolio during his recent visit to New York, in the United States of America.

    The unstated precedent that may have encouraged President Buhari to do likewise is the fact that his predecessor, former President Olusegun Obasanjo, also held on to the office throughout the latter’s tenure, from 1999 to 2007, in violation of Section 138 of the Constitution of the Federal Republic of Nigeria, 1999.

    It is possible that former President  Obasanjo and incumbent President Buhari may have relied, or may be relying on the seemingly broad power of the office of the President, pursuant to Section 5(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 which states: “Subject to the provisions of this Constitution, the executive powers of the Federation shall be vested in the President and may subject as aforesaid and to the provisions of law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation”.

    However, I believe it is settled in law that where certain provisions of any grundnorm are ambiguous on a particular subject matter, the existence of any prohibitive provision effectively circumscribes and supersedes every other section which may suggest otherwise.

    This means that the express prohibition provision as slated in Section 138 of the Constitution of the Federal Republic of Nigeria, 1999, effectively precludes President Buhari from appointing himself Nigeria’s Minister of Petroleum Resources and, therefore, also does not allow him/disallows him from exercising the substantive power and authority of the referred executive office.

    Accordingly, the widely reported speculation that the President is likely to nominate Dr. Emmanuel Ibe Kachikwu, the Group Managing Director of the Nigerian National Petroleum Corporation (NNPC) as the Minister of State, Petroleum Resources, should also be reviewed and not be allowed to take place.

    Going ahead with this plan is most likely to violate certain provision of the Nigerian Petroleum Act, 1969, which clearly stated the functions of the Minister of Petroleum Resources, the Board of NNPC, the GMD of NNPC and other agencies.

    Since President Buhari has an established reputation as a dogged advocate for the rule of law, I hereby invite other more learned persons and constitutional authorities to weigh in on this very important subject matter, in order to prevent the President from perpetrating a constitutional breach which is ongoing.

     

    • Ademola Orunbon

    Epe, Lagos State.

     

     

  • ‘100 days unconstitutional’

    ‘100 days unconstitutional’

    The Senator representing Abia North zone, Senator Mao Ohuabunwa has said that the celebration of 100 days in office by the executive arm of government is not constitutional, but rather a creation in political settings to measure the success or failure of the executive.

    Speaking with The Nation in Umuahia, Ohuabunwa said that Abia State Governor Okezie Ikpeazu has done well in his first 100 days in office exemplified by massive road construction and reconstruction across the three senatorial zones of the state.

    Ohuabunwa regretted the constant rainfall in Aba where most of the road constructions are going on, saying that it has slowed down the work in the city.

    “We all know that Aba is the face of Ndigbo and once it is gotten right every other thing will follow,” he said.

    Ohuabunwa said, “We at the senate are working as I have moved the motion for the repair of Arochukwu Road which made the senate to set up a committee to look into the issue concerning the road which has become an albatross to our people”.

    The senator said that the erosion menace at Isuikwuato has attracted the attention of New Map, a World Bank-assisted programme on erosion control, which is based on counterpart funding, adding that they would soon move to site.

    On the issue of appointments in the federal government since the inception of President Muhammadu Buhari, Senator Ohuabunwa said that alienating Ndigbo is not good for the country.

    Ohuanuwa said that Ndigbo are part of the tripod stand on which the country stands.

    He said, “Ndigbo are disappointed with the neglect of President Buhari and his APC-controlled federal government in the area of appointments as regards Ndigbo, as there are competent Igbo people who are capable of handling any position of authority.

    However if Mr President feels that he cannot find any one in his party, I am ready to loan my elder brother, Mazi Sam Ohuabunwa to him, as he is as transparent as any man President Buhari may be looking for, since Dr Ogbonnaya Onu is not good enough for him.”

     

  • Bailout of states unconstitutional

    The government of President Muhammadu Buhari (PMB) could not have parcelled out,any so called bailout, to states, without appropriation; as some commentators represented the recent 413.7 billion naira, shared by the three tiers of government, to be. Indeed, any such conduct would be unconstitutional. So, the impression that the president, like a Father Christmas, could depending on his mood, dip hands into ournational resources, and extend largesse to states, is a throw-back to the old ways. But I doubt, if PMB wouldoffend the constitution, just to earn a few plaudits from Nigerians, knowing that the praises would dissipate,as soon as the states are back in their quagmire.In my view, what the states need, is expanded economic opportunities.

    Perhaps, the realisation that a bailout, without a legislative backing,would be unconstitutional, may have prompted the presidential media men, to strenuously emphasise that the presidency never used the word, bailout; even when some wanted the impression created that the intervention, was borne out of presidential magnanimity. Well, maybe. But the point I seek to make here, is that under the 1999 constitution, the power and control over public funds, in this case, the income belonging to the federation, is as provided for,in sections 80, 81, 82 and 83 of the 1999 constitution. And in my humble view, a revenue accruing to the federation from NLNG, whether as a dividend or tax, falls within the purview of those sections of the constitution.

    Interestingly, PMB had already emphasised that the era of unconstitutional handling of the resources of the federation, including the obnoxious withholding of national resources and extra-budgetary expenditure by federal ministries, parastatals and agencies, like the Nigerian National Petroleum Corporation (NNPC), belongs to the past, and must be discarded. So, how could PMB be encouraged, to engage in the same conduct that he had publicly decried. In taking a stand, the President had instructed all government agencies and departments, to pay in all money derived by them into the federation account, in accordance with section 80, and to desist from all the illegal deductions, which offends the constitution, in the name of costs.

    That is the correct position of law; for section 80(1) provides: “all revenues or other moneys raised or received by the federation … shall be paid into and form one consolidated revenue fund of the federation”. Furthermore, the sub-section 2 provides: “no moneys shall be withdrawn from the consolidated revenue fund of the federation except to meet expenditure that is charged upon the fund by this constitution or where the issue of those moneys has been authorised by an appropriation act, supplementary appropriation act or an act passed in pursuance of section 81 of this constitution”.

    Significantly, section 81(4) on its part, provides: “if in respect of any financial year it is found that – (a) the amount appropriated by the appropriation act for any purpose is insufficient; or (b) a need has arisen for expenditure for a purpose for which no amount has been appropriated by the act, a supplementary estimate showing the sums required shall be laid before each house of national assembly and the heads of any such expenditure shall be in a supplementary appropriation bill”.

    To give the executive some latitude in times of emergencies, the national assembly under section 83(2) “may by law make provisions for the establishment of a contingencies fund for the federation and for authorising the president, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the fund to meet the need”. But as provided in sub-section 3 “where any advance is made in accordance with the provisions of this section, a supplementary estimate shall be presented and a supplementary appropriation bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced”.

    So, considering PMB’s avowed integrity, on the basis of which Nigerians gave him an overwhelming mandate, nearly four months ago, I am inclined to believe that the billions of naira, shared by the three tiers of government,was within the purview of the 2015 appropriation act, or an expenditure within the contemplation of the contingencies fund, of the federation. In helping the states out of their financial quagmire, what PMB must do,going forward, if he wishes to make a considerable difference within his four year tenure, is to encourage and foster greater economic activities within the states, and the six-geopolitical zones of the country.

    While pushing for federalising the ownership of natural resources of the country, by tinkering with the exclusive legislative list of the constitution; PMB could without offending the laws as is, offer financial and joint-venture opportunities to states and zones willing to expand their economic horizon. Considering the existence of legal regimes for Public Private Partnerships, interested states could establish business enterprises, and partner with federal agencies,to engage in mining, electricity generation and distribution, railways, development of ports, aviation, construction of federal roads, and other viable business enterprises, on exclusive legislative list.

    Interestingly, the business relationship canvassed here,could also borrow a leaf from the NLNG ownership model. There, private equities of international oil companies hold 51 percent stake, while NNPC holds 49 percent. Perhaps, it is such ownership structure that has imbued the company with the requisite discipline,to soar to great heights in the last 20 years, while NNPC that is nearly 40 years old, is still doddering. So,while enterprises representing the federal and state governments,mayhold 49 percent equity, and provide stability and security of business environment; private entrepreneurs will hold the balance 51 percent, and provide discipline and technical knowhow.

  • May 28 handover date unconstitutional

    SIR: Right now, almost every Nigerian is anxious or cannot wait to embrace the forthcoming handover ceremony, which is constitutionally expected to take place on Friday May 29. Regarding the handover, several concerned Nigerians, likewise myself, are currently apprehensive or filled with mixed feelings which is not unconnected to the news making the rounds that the incumbent administration intends to hand over power to the incoming one on Thursday May 28, contrary to the constitution of the Federal Republic of Nigeria.

    This is not a matter of reaching an agreement; even if the leadership of the All Progressives Congress (APC) or the incoming administration concurs with the proposal, I still don’t believe it would be fair and legitimate for such intended practice to take place; it won’t be healthy to the nation at all. This is about Nigeria; it is about the entire citizenry; it is about the electorate; it is about the nation’s nobility; it’s about the impression we are about to create in the sight of the international community; it’s about the anticipated implication of the intended illegitimate act.

    The judiciary, which remains the law custodian, must come in at this juncture; they shouldn’t be silent at a time their services are needed most. They ought not to await our reminder before they do what is expected of them, or before they take up their due responsibility. Or, are they on sabbatical?

    We should note that as we lead, some other persons are rightly watching our footsteps; so we must endeavour to showcase exemplary ideas at all times in order not to mislead our teeming followers. Mind you; he who thinks he is leading but has no one following him, is only taking a walk.

    I know Nigeria is in a hurry to embrace ‘a change’, but she can’t afford to encounter a comatose state. Besides, the difference between Thursday May 28 and Friday May 29 is barely 24 hours; so why the rush?

    • Comr Fred Nwaozor

    Owerri

  • IGP Abba’s unconstitutional call

    IGP Abba’s unconstitutional call

    SIR: Millions of Nigerians have been having a good laugh since the Chairman of Independent National Electoral Commission (INEC), Prof. Attahiru Jega last Friday punctured the illegal and unconstitutional warning of the Inspector General of Police (IGP) Suleiman Abba a day before that voters should vote and go home; that the police will to protect our votes.

    On the national television a day after, the INEC chairman came on air to educate and sensitize Nigerians that there is no provision either in the constitution or in the Electoral Act that gives the police the right to tell voters what to do on election day, that they can wait but should conduct themselves peacefully and in orderly manner in policing their votes so that it is counted and announced publicly in their presence. The duty of the police is constitutionally and solely to provide security on election day, just like other days, no more, no less.

    IGP Abba must be a wag to think in his wildest imagination that Nigerians will be intimidated or gullibly surrender the protection of   their sacred votes to the Nigeria police bearing in mind their antecedents, which is not endearing. This same IGP whose organisation cannot recover over 200 girls abducted by criminals for about 340 days now; what a shame! Is this not the same IGP that ordered his men to desecrate the federal legislature through unlawful closure last year and who in solidarity with President Jonathan, illegally withdrew the security aides of the speaker? It is this same IGP that sat in his office while behaving like the Lord of the Manor by assaulting our sensibilities and democracy.

    Honestly, this IGP is a first class example of a lawless officer who has no respect for the constitution and constituted authority, hence one is not surprised that he has good company in AIG Mr. Mbu Joseph Mbu of “I will kill 20 civilians for every one policeman killed,” amongst others.

    However, to say that we weren’t expecting this illegal and irresponsible warning from Mr. Suleiman Abba prior to the 2015 general election is to be economical with the truth about the antecedents and character of this police officer and his office. It was in this same country and during elections in the past that Suleiman Abba’s predecessors like Hafiz Ringim, Ogbonnaya Onovo and M.D. Abubakar warned voters not to take their phones to polling units.

    So in effect, Mr. Abba is not saying anything new but only following the tradition of his predecessors with regards to perpetuation of illegality and unconstitutionality. Therefore, like the Nigerian voters dealt with his predecessors in the past by ignoring and daring them, so also will Nigerians do with Mr. Abba’s latest reckless, inciting and offensive warning which should be ignored for what it represents – illegality.

    Come March 28th and April 11th, 2015, Nigerians should go to the polls in a peaceful and orderly manner to vote wisely for a candidate of their choice and wait till the votes are counted and publicly announced in order to engender citizen’s participation and ownership of the process.

    Your vote is your power; use it wisely, so says a popular aphorism.

     

    • Nelson Ekujumi,

    Surulere, Lagos.