Tag: violates

  • Fake news violates constitution, say Olanipekun, Abati

    Fake news violates the 1999 Constitution and is therefore a criminal offence, former Nigerian Bar Association (NBA) President, Chief Wole Olanipekun (SAN) and former presidential spokesman Dr Reuben Abati have said.

    They spoke at a roundtable discussion on Fake News and the Future of the Media, organised as part of activities marking the launch of  the book: Brands In News, written by Raheem Akingbolu.

    Olanipekun, who chaired the event, lamented the damage fake news has caused in the society.

    The former NBA president, who claimed to have been a victim of fake news in the past, urged media practitioner to rise up and eliminate fake news.

    “I have been a victim of fake news before and it wasn’t a pleasant experience. This is the reason why media practitioners must sit up and eliminate the virus called ‘fake news’, which has eaten quite deep into the society since the invention of social media,” he advised.

    According to Olanipekun, the introduction of ‘Citizen Journalism’ has not helped matters, rather, it has been a key factor in the spread of fake news.

    He noted that fake news is thriving because Nigeria has not been abiding with the Constitution.

    He made reference to Freedom of the Press Law in Malawi and Section 152 of the Ghanaian Constitution that have provision for free reportage of news as well as providing sanction against fake news.

    Dr Abati, who was the keynote speaker, identified conscience, values and responsibility as salient weapons in fighting fake news.

    “In virtually every country of the world there is a presence of fake news”, which he described as fabricated news intended to “mis-inform, dis-inform, sensationalise, hurt, achieve a specific objective either for profit or mischief”.

    According to him, globalisation and technology have contributed to the spread of news stories rapidly although in different perspective.

    He said: “We are in the age of citizen journalism. However, fake news creates confusion, misleads and  is a form of distortion, which has raised questions  about media and its responsibility.”

    This, he noted, can cause a lot of damage when used with the wrong medium.

    According to him, “the media should act as an instrument of nation building. The media is to set agenda and establish standards, provide leadership and not to cause damage or tell lies.

    “Section 39 of the Constitution allows freedom of expression and the right of ownership, but Section 15 is for the media to provide security and welfare of the people.

    “Our job as journalists is to stand for the people, but the same media is being used to cause damage,” he lamented.

    Dr Abati, a former Special Advicer on Media and Publicity to former President Goodluck Jonathan, urged journalists to stick to the truth and not publish fake news in order not to breach the trust of the people.

    The author, Akingbolu, said his experience as a journalist, since his student days up to professional life, motivated him to write the book, which is his first.

    He said: “This is my own contribution to national development and the growing media”.

    Others present at the event included  Publisher of This Day, Mr Nduka Obaigbena; Publisher, Marketing Edge, Mr John Ajayi; former Editor, The Nigerian Compass, Mr Gabriel Akinadewo; Book reviwer, Mr Tony Kan; Managing Director of Precise Communication, Mr Bolaji Okusaga; President Premium Eagle Publications, Mr Dotun Oladipo; former Vice Chairman, Nigerian Institute of Public Relations (NIPR) Lagos Branch, Mrs Bolanle Olatunde; Managing Director, Proshare, Mr Femi Awoyemi and Mr  Lolu Akinwunmi, who was the moderator at the event.

  • ‘Arbitrary billing violates consumer rights’

    Arbitrary billings and mass disconnection of electricity violate consumer rights, Consumer Protection Council (CPC) Director-General, Mr. Babatunde Irukera, has said.

    He spoke at a meeting with top management of the Abuja Electricity Distribution Company (AEDC) led by its Managing Director, Ernest Mupwaya.

    The DG noted that the vast majority of complaints in the sector were about arbitrary billing and irregular disconnections.

    Irukera said:  “There is no excuse for how consumers are treated. The key complaints that we receive are arbitrary, unsupported and unreasonable billing; people not being treated with dignity, the complaint resolution process being either lacking or unclear and there’s really no respect for people.”

    The DG said consumers’ complaints had not been primarily about supply, but about billing for non-existent supply.

    “As a matter of fact, the majority of supply complaints are attributed to the fact that you are asking them to pay for something that was not supplied and the other significant reason is group disconnection.

    “DISCOs have gotten to a point where no one takes their bills seriously anymore, because they are considered outrageous. I think the pressure on metering will not be so bad if the estimated billing was more transparent and reasonable”.

    “What DISCOs are doing is connecting their balance sheets to receivables from consumers, but consumers are connecting what they owe to what they receive,” he said.

    Irukera urged the distribution companies to stop the arbitrary billings.

    “Connecting balance sheet to an opaque arbitrary metering system is the worst form of abuse, especially for an essential public utility,” he said.

    He contended that group disconnection usually adopted by distribution firms because of the debts owed by some members undermines the rights of other consumers who do not owe.

    He said: “You see people who are complaining about supply because they, as individuals, have been responsible, but the DISCOs have painted them with a broad stroke and disconnected even the responsible people.

    “As a lawyer, our approach to criminal work, even legal work, has always been that let the guilty man go free instead of punishing the innocent man.

    “For me, there’s something fundamentally, absolutely irreparable and, inexcusably, wrong with penalising people because of the conduct of others. It is just not excusable.

    “The government should never do that to its people. But if the government does it as a state actor, as inexcusable as it is, it might even be permissible.

    “But one person who has absolutely no right and should never have the prerogative to do it is a private citizen to another private citizen. And that is what DISCOs do. They group-disconnect consumers.

    “If there’s one responsible consumer, who is being disconnected unjustly, what you are doing is that you are discouraging responsibility,” he added.

    The CPC boss observed that group disconnection was antithetical to the promotion of an enabling environment for investment, stressing: “It is the quintessential case for mistreatment of an otherwise responsible consumer.”

    Earlier, the AEDC MD spoke of the need for the company to have a cost-reflective tariff for it to have a seamless and a more robust operation.

    He stressed that fluctuation in foreign exchange rates and inflation impact on its activities.

    On estimated billing, he said efforts were being made to address the metering gap with more meters for consumers and the adoption of an interim plan of metering transformers for a more accurate estimation.

    He said: “The issue of estimated billing has not been fully resolved because of the low rate of metering, and this is closely tied with the impairment on the balance sheet which is tied to tariff issues.

    “The balance sheets are impaired to the extent that we are facing huge challenges to attract investments. But I must say that the government, through the power sector recovery programme, has put up a plan that will address these gaps.

    “There will be a reset this year, and there will be some level of adjustments in such a way that the balance sheets will look better, and this will give us impetus to get more finances.

    “I think the whole plan is premised on DISCOs being able to meter customers 100 per cent over 24 months. So, we have positioned our sales to meet this challenge of metering.

    “But beyond that, we realised that whereas it is important to meter every customer, there is a very quick win to meter all the transformers,” he said.

    According to him, the value of metering transformers is that “even in cases where we have to do an estimate, the estimate becomes very accurate, because it is being done on the basis of measured energy up to the level of distribution transformers, unlike now where these formulas are being applied over a large cluster.

    “If you pick a large cluster, there will be distortions of the outliers. There will be customers who will have high estimated bills. There will be others who will have low estimated bills.

    “But, if you are doing your estimated billings at the level of the transformer, then you are more accurate, and the other benefit is that you can quickly identify areas, transformers and even customers where electricity is being stolen, because it is important to identify leakages in power, because leakages distort the sharing formula.

    ‘’If everybody is identified and there is equitable sharing, then the estimated billing becomes very accurate. And this will be followed by the actual mass metering. But before the mass metering arrives, we think we can have every means to do the transformer metering,” Mupwaya said.

  • ACN: Boko Haram’s ban violates Constitution

    ACN: Boko Haram’s ban violates Constitution

    The Action Congress of Nigeria (ACN) has said that the recent proscription of Boko Haram and Ansaru, desirable as it may be in tackling the terrorist organisations, violates the Constitution.

    According to the party, the proscription stifles the press and tampers with the fundamental human rights of Nigerians.

    In a statement yesterday by its National Publicity Secretary, Alhaji Lai Mohammed, the ACN said the order also makes it easy for an increasingly intolerant government to clamp down on the opposition, which it sees more as an irritant than an indispensable part of democracy.

    It urged professional media organisations to challenge the Order in court to save journalists from long jail terms “simply for carrying out their constitutional duties”.

    The ACN urged the Federal Government to clarify “the knotty and vague areas” of the open-ended Order, that may end up punishing journalists and infringing on the civil liberties of the citizens more than it will curtail the activities of the sects.

    ‘’Against the background of insinuations in government circles, let us be clear that we do not condone the activities of these sects that have killed and maimed innocent Nigerians and turned a section of the country into a battle field. Terrorism in all its ramifications is condemnable, and no responsible government will allow any group, no matter its name, grievances or ideology, to carry out terrorist acts unchecked.

    ‘’But we believe that whatever action government takes – even in an emergency – must pass the Constitutional test, especially since the relevant sections of the Constitution have not been suspended,’’ the party said.

    It said the offensive section of the Order is Section 5 (1), which prescribes a term of imprisonment of not less than 20 years ‘’for any person who knowingly, in any manner, directly or indirectly, solicits or renders support for the commission of an act of terrorism or to a terrorist group’’.

    The ACN said “support”, as defined by the Order, includes ‘’incitement to commit a terrorist act through the Internet, or any electronic means or through the use of printed materials or through the dissemination of terrorist information.

    ‘’Is this subsection not in conflict with Chapter II Section 22 of the Nigeria constitution, which says ‘The press, radio, television and other agencies of the mass media, shall AT ALL TIMES BE FREE (emphasis ours) to uphold the fundamental objectives contained in this chapter and uphold the responsibility and accountability of the government to the people?’

    ‘’By stifling the press, is the Order not abridging a part of the fundamental human rights guaranteed every citizen under Chapter Four of the Nigerian Constitution in Section 39 (1), which states thus: ‘Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference?’(emphasis ours).

    ‘’Can journalists escape being sentenced to 20-year jail terms for publishing statements issued by the sects? Can they freely report on videos periodically posted on YouTube by Boko Haram leader Shekau? Can the media freely report the kind of massacre that took place in Baga in April without being held liable for ‘supporting’ terrorism? Can radio and television stations organise talk shows on terrorism without the discussants being held liable for ‘supporting’ terrorism?

    ‘’Can the opposition criticise the government’s strategies against the terrorist sects, through its regular intervention, without being perceived as offering support to the sects? Does this Order cover the satellite broadcast channels that can be accessed in many homes across the country? Who determines when this Order has been breached? These are some of the questions that arise under the proscription Order,’’ the party said.

    It said the government must take a cue from what obtains in other countries, especially in the US, which are also battling terrorism, adding that the media in those countries have continued to report freely on the activities of the global terrorist organisation Al-Qaeda, despite the horrendous attacks it has carried out in the US and Europe, among others.

    ‘’In a statement we issued on May 5th, we said inter alia: ‘The Jonathan Administration is steadily descending into despotism with a brazen assault on the freedom of expression and the press, the use of national institutions against perceived enemies and a growing inclination to denigrate opposition leaders.

    ‘’The Jonathan Administration is anchored on a Transformation Agenda. But the only transformation that we can see is the one from a democratically-elected

    President to an Emperor, a despot…If the President is not prevailed upon to change course, Nigeria may be in for another season of anomie, reminiscent of the days of the maximum ruler who took the country to the brink before his sudden demise.’

    ‘’We hate to say this has turned out to be prescient, in view of the dangerous provisions of the Boko Haram’s and Ansaru’s proscription Order. The Order’s assault on the press freedom and the Constitutionally-guaranteed rights of ordinary Nigerians is unprecedented in the country’s history. We call on the Federal Government to take a second look at this Order, with a view to resolving any conflict it may have with the Constitution,” the ACN said.

    In a reaction to the AC N statement, House of Representatives Minority Leader Femi Gbajabiamila said: “You make a controversial butb an interesting and valid point. The order itself is in order but for the word support which is ambiguous n needs interpretation.”

  • ‘Abuse of Sure-P violates Constitution’

    The Action Congress of Nigeria (ACN) has said the Federal Government’s abuse of the Subsidy Reinvestment and Empowerment Programme (SURE-P), set up in the wake of last year’s partial removal of fuel subsidy, amounts to a gross violation of the Nation’s constitution and constitutes an impeachable offence.

    In a statement in Lagos yesterday by its National Publicity Secretary, Alhaji Lai Mohammed, the party alleged that the Peoples Democratic Party (PDP)-controlled Federal Government is using part of the fund accruing to the programme to empower the party’s cronies ahead of the 2015 general elections, instead of using it for the benefit of Nigerians.

    It advised SURE-P’s Head, Dr. Christopher Kolade, a respectable citizen, known for his transparency and integrity, not to allow the skewed and partisan implementation of the programme by the Federal Government to tarnish his reputation.

    ACN said: “Ordinarily, SURE-P seems laudable as it is aimed at the empowerment of the citizens through job creation and infrastructure development. But in reality, PDP has hijacked it to empower its members.

    “It has created State Implementation Committees (SICs) to handle the disbursement of SURE-P cash to party members as a strategy to arm it with a war chest ahead of the 2015 elections.

    “To worsen matters, PDP is denigrating the traditional institution by using traditional rulers in some states as the conduit to distribute SURE-P funds, ostensibly to empower Nigerians, but in reality to put money in the pockets of PDP supporters.”

    The party reminded the Federal Government that only the bodies created by law can disburse funds accruing to the Federation Account, and warned that since SIC is not recognised by the law, it is an illegal body and its operations violate the constitution of the Federal Republic of Nigeria.

    It went on: “The money being spent on fuel subsidies was in the past taken out of the Federation Account. Hence, it is money that would have been divided among the three tiers of government in accordance with the revenue allocation formula.

    “But, by virtue of the SURE-P arrangement, the funds are now available for the Federal Government to share by approving contracts, programmes and activities in accordance with its whims and caprices. The PDP-controlled Federal Government has seen the accruing huge funds as the money, which may be spent with special favour for its cronies and party affiliates.

    “This is very dangerous for the polity as the funds are being used to empower PDP and its points-men to begin early preparations for the 2015 elections. It risks undulating the playing field ahead of the 2015 general elections, thus giving the ruling party an edge over others.”

    ACN warned that the abuse of SURE-P would create a monument to corruption, since accountability and transparency are being sacrificed on the altar of political expediency.

    It said: “The abuse of SURE-P by the PDP-led Federal Government, which is now awash in free funds, may blow up in Nigeria’s face unless urgent steps are taken to ensure due process in its disbursement and transparency, especially concerning the origin and track records of those entrusted with this hard-earned money for the benefit of Nigerians.

    “We will like to remind the Federal Government that any kobo spent outside the ambit of the 2013 budget and without going through the regular government agencies and processes is illegal and fraudulent. It violates the constitution, which is clear on the question of public expenditure. Therefore, setting up a phoney structure for the disbursement and expenditure of public funds will have consequences for those involved,” the party said.