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Still On Autonomy Of Judiciary And Legislature

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In 2018, President Muhammadu Buhari assented to the constitutional amendments, granting financial autonomy to state legislature and state judiciary.
Also, the president later inaugurated Presidential Implementation Committee on Autonomy of the State Legislature and State Judiciary.
Buhari directed the members of the committee to be meticulous and diligent in the discharge of their duties.
He said that the setting up of the committee was necessitated by the realisation that legislative and judicial autonomy were necessary preconditions for nation’s democracy to endure.
According to him, the committee is expected to foster effective implementation of the autonomy constitutionally granted the state legislature and judiciary in the 1999 Constitution (as amended).
Further to Buhari’s assent, on May 16, Nigerian state governors on the platform of the Nigeria Governors’ Forum (NGF), expressed their commitment to work with the Federal Government to implement the law.
The then Chairman of NGF, former Governor Abdulazeez Yari of Zamfara, said: I align with the motion that the legislature and judiciary autonomy is a necessary precondition for an enduring democracy’’.
The governors observed that the autonomy would ensure that “money due to the judiciary will go to the account of the judiciary directly and money due to the legislature will go to the account of the legislature directly.
“It is intended to ensure that money for the judiciary is not spent on the judiciary or on the judiciary but it is spent by the judiciary for the judiciary and on the judiciary and the same goes for the legislature’’.
Irrespective of the constitutional provision for the independence of the three arms of government and the efforts of the Buhari administration to promote this in governance, the legislature and the judiciary in states are still battling to remain independent, reports have shown.
A survey across the states shows that the judiciary and the legislature still depend on the executive arm of the state government for their survival.
The Speaker of the House of  Assembly in Ondo State Bamidele Oleyelogun, said that although the process of becoming autonomous had been initiated, the House had been waiting for Governor Oluwarotimi Akeredolu for final endorsement.
Oloyelogun said that all arrangements had been made and necessary documents required from the legislative arm of government for full implementation of autonomy of the judiciary and the legislature had been submitted to the executive.
Oleyelogun, said “much now depends on the executive arm of government for full implementation’’.
However, a lawyer, Mr Seun Sogbeso, said that state governments had not given both legislative and judiciary arms of government free hand to operate.
Sogbeso said that every government would always want to be in charge of the two arms of government, adding: “it is hard to see the arms of government being free’’.
Similarly, in Ogun, the Speaker of the Assembly, Olakunle Oluomo, said that the implementation of financial autonomy for the state legislature had yet to be implemented in the state.
Corroborating Oluomo, the Chairman of the Ogun chapter of the Nigeria Bar Association, Mr Olu Alade, admitted that the law had to be put into effect.
In spite of this, he noted that since the constitution had granted autonomy and the president had demonstrated willingness and determination to implement it, autonomy would soon be operational.
In Ekiti State, the Speaker of the House of Assembly, Mr Funmiyi Afuye, said that the state was still in the various stages of implementation of the 2018 Act which supported autonomy for the state’s assembly.
Also speaking, the Deputy Chief Registrar of the State High Court, Mr Ariyibi Apuabi, said that the judiciary arm of government in the state had yet to enjoy autonomy.
Apuabi, however, disclosed that a committee had been set up to hasten its implementation for the judiciary.
Reviewing the situation of the implementation, Mr Kayode Martins, the Chairman of Judiciary Staff Union of Nigeria (JUSUN) in Oyo State, accused governors of frustrating the implementation process, adding that a presidential executive order would fast track the process.
He said that the national body of the body was doing everything possible to ensure that the president issues an executive order on autonomy.
In the same vein, the Deputy Majority Leader of the Oyo State House of Assembly, Mr Kunle Akande, admitted that the executive had yet to grant financial autonomy to the assembly.
Akande, however, said that efforts towards the financial autonomy for the assembly had started that would be completed soon.
Lawmakers in Kwara State believe that the legislature has been enjoying autonomy without interference by the executive in its affairs.
The Chairman of Kwara House of Assembly Committee on Ethics, Privileges and Judiciary, AbdulGaniyu Salaudeen, said that the legislature would continue to remain independent to achieve the desired result.
Some lawyers in the state, however, argued that without financial autonomy, no institution or establishment of government could be totally free from interference.
In the North-Central part of the country, reports show that some states, especially, in Benue, Plateau and Kogi, have yet to begin the implementation of financial autonomy for the judiciary and the legislature.
However, reports indicate that there is partial implementation of the directive in Nasarawa State and the Niger.
The Speaker, Benue State House of Assembly, Mr Titus Uba, said that the state judiciary and the legislature had yet to be granted autonomy, but that the process had started.
The Chief Registrar, Plateau State Judiciary, Mrs Ladi Madaki, said that the bill or template on the issue had passed second reading at the State House of Assembly.
“Until and unless it is passed in to law by the House, we can’t have a functional and effective independent judiciary,’’ he said.
The Chief Registrar of Kogi High Court, Mr Yahaya Ademu, said: “we are still operating the old system; we are still receiving subventions from the state government. The last we received was that of July salary.
“The problem is from the Federal Government. The committee has submitted its report; we are waiting for the presidential directive. I think that is what is delaying it’’.
The Nasarawa State House of Assembly Clerk, Mr Ego Maikeffi, said that the financial autonomy of the Assembly had yet to begin.
“A bill for a Law to Provide for Self Accounting of the state House of Assembly has been passed by the fifth assembly but was not signed into law by the immediate past governor of the state.
“We have been receiving our monthly subvention that is salary and overhead as we had been doing in the previous years from the executive,’’ he said.
The Chief Judge of Niger State, Mr Aliyu Mayaki, also noted that the state judiciary enjoyed partial financial autonomy.
According to him, the head of courts no longer have to go cap-in-hands to the governor asking him for funds.
He attributed many of the infrastructure development and reform of the state judiciary to the partial autonomy it enjoyed.
In Cross River, the Registrar of the state judiciary Mr Edem Okokon, said: “nothing has been done to actualise the Federal Government’s directives on the implementation of financial autonomy of the judiciary.
“We have yet to receive any document from the Federal Government to that effect, maybe it is due to normal government bureaucracy.’’
Similarly, the immediate past Speaker of the Edo State House of Assembly, Mr Kabiru Adjoto, said: “I can tell you that we enjoyed a substantial level of compliance in Edo, especially as it regards funding.
“The parliament got what it wanted from the government in terms of fund based on budget performance.’’
In his view, the Chairman, Ikorodu Branch of the Nigeria Bar Association (NBA) in Lagos State, Mr Bayo Akinlade, said that major issues, including salaries of judges, magistrates and high ranking civil servants as well as building of infrastructure, were still handled by the executive arm.
“There is partial compliance with the law as to the financial autonomy of the judiciary as I observed in Lagos State.
“Monies are still paid into government accounts and go through a lot of bureaucratic structures for release; that is why we have courts with no fans, no air conditioners, bad generators and minimal chairs not sufficient for the lawyers and the litigants to seat,’’ Akinlade said.
A member of the Lagos State House of Assembly, Mr Tunde Braimoh, noted that there was the need for compliance.
But the Chief Registrar, High Court of Justice, Gombe State, Mr Abdulsalam Jatau,said that financial autonomy had yet to be implemented in the state.
According to him, every requirement of the judiciary is being taken care of by the executive in terms of training, basic office facilities and maintenance of the courts.
He, however, expressed optimism that financial autonomy for the judiciary would help to address some of their challenges.
“The condition of our courts is pathetic, especially area and magistrates’ courts; we will do everything humanly possible to address these problems,’’ he said.
Also, The Acting Chief Register, Hajiya Aisha Abubakar in Yobe State, said: “all judiciary finances come from the executives, meaning they have powers or control over the judiciary,’’
Abubakar added that another major constraint that affected the autonomy of the judiciary was the role the executives played in the appointment of chief judge.
Sharing similar sentiments, the Adamawa branch chairman of Judicial Staff Union of Nigeria (JUSUN), Alhaji Baba Gurin, said that the judiciary in the state was waiting for the implementation of the autonomy.
Mr Solomon Kumangar, the Director-General, Media and Communication to Governor Ahmadu Fintiri of Adamawa State, said that the governor was committed to the autonomy and is working towards that.
The Director of the El-Kanemi Peace and Development Centre, Mr Grema Kyari, observed that there ought to be community advocacy and mobilisation to facilitate successful implementation of the implementation of financial autonomy to state legislature and judiciary.
“Awareness creation on civic right is necessary to stem the undemocratic trend and guarantee autonomy for the legislature,’’ Kyari said.
All in all, Nigerians insist that stakeholders should ensure that the implementation of financial autonomy to state legislature and judiciary is effective to strengthen democracy.
Olaitan is of the News Agency of Nigeria (NAN)

 

Kayode Olaitan

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Presidency Lists Beneficiaries Of External Borrowing Plan

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The Presidency has said that a total of 15 projects, spread across the six geo-political zones of the country, are to be financed with more than $4 billion from multilateral institutions, under the 2018-2021 medium-term (rolling) external borrowing plan.
President Muhammadu Buhari had requested the Senate to approve sovereign loans of $4.054 billion and €710 million as well as grant components of $125 million for the proposed projects.
According to the letter by the President, the sovereign loans will be sourced from the World Bank, French Development Agency (AFD), China-Exim Bank, International Fund for Agricultural Development (IFAD), Credit Suisse Group and Standard Chartered/China Export and Credit (SINOSURE).
The President’s request to the Senate listed 15 proposed pipeline projects, the objectives, the implementation period, benefiting States, as well as the implementing Ministries, Departments and Agencies (MDAs).
A statement by the Senior Special Assistant to the President on Media and Publicity, Mallam Garba Shehu said a breakdown of the ‘‘Addendum to the Proposed Pipeline Projects for the 2018-2021 Medium Term (rolling) External Borrowing Plan,’’ shows that the World Bank is expected to finance seven projects including the $125 million grant for ‘‘Better Education Services Delivery for All’’.
According to the statement, the Global Partnership for Education grant is expected to increase equitable access for out-of-school children and improve literacy in focus states.
It further stated that the grant, which will be implemented by the Federal Ministry of Education and the Universal Basic Education Commission (UBEC), will strengthen accountability for results in basic Education in Katsina, Oyo and Adamawa States.
Other projects to be financed by the World Bank are, the State Fiscal, Transparency, Accountability and Sustainability Programme for Results as well as the Agro-Processing, Productivity, Enhancement and Livelihood Improvement Support Project.
The statement said, “The benefiting States for the agro-processing project are, Kogi, Kaduna, Kano, Cross River, Enugu and Lagos with the Federal Ministry of Agriculture and Rural Development as the implementing ministry.
“The objective of the project is to enhance agricultural productivity of small and medium scale farmers and improve value addition along priority value chains in the participating states.
“Similarly, the World Bank is also financing the Nigeria Sustainable Water Supply, Sanitation and Hygiene (WASH) project in Delta, Ekiti, Gombe, Kaduna, Katsina, Imo and Plateau States, for the next five years.
“The project, when completed, is expected to improve rural water supply, sanitation and hygiene nationwide towards achieving Sustainable Development Goals (SDGs) for water supply and sanitation by 2030.
“Under the external borrowing plan, the World Bank-supported projects also include Nigeria’s Covid-19 Preparedness and Response Project (COPREP), under the supervision of the Federal Ministry of Health and Nigeria Centre for Disease Control (NCDC).
“The project, which has an implementation period of 5 years, will respond to threats posed by Covid-19 through the procurement of vaccines.
“Furthermore, no fewer than 29 states are listed as beneficiaries of the Agro-Climatic Resilience in Arid Zone Landscape project, which is expected to reduce natural resource management conflicts in dry and semi-arid ecosystems in Nigeria.
“The benefiting states for the project to be co-financed by World Bank and European Investment Bank (EIB) are Akwa Ibom, Borno, Oyo, Sokoto, Kano, Katsina, Edo, Plateau, Abia, Nasarawa, Delta, Niger, Gombe, Imo, Enugu, Kogi, Anambra, Niger, Ebonyi, Cross River, Ondo, Kaduna, Kebbi, Jigawa, Bauchi, Ekiti, Ogun, Benue, Yobe and Kwara.”
Continuing, it said, “The World Bank is also funding the Livestock Productivity and Resilience project in no fewer than 19 states and the federal capital territory (FCT).
“The China EXIM Bank is expected to finance the construction of the branch line of Apapa-Tin Can Island Port, under the Lagos-Ibadan Railway modernisation project.
“The French Development Agency will finance two projects, which include the National Digital Identity Management project and the Kaduna Bus Rapid Transport Project.
“The digital identity project will be co- financed with World Bank and EIB.
“The Value Chain Development Programme to be financed by IFAD and implemented in Anambra, Benue, Ebonyi, Niger, Ogun, Taraba, Nasarawa, Enugu and Kogi States will empower 100,000 farmers, including over 6,000 and 3,000 processors and traders respectively.
“The loan facility to be provided by European ECA/KfW/IPEX/APC will be spent on the construction of the Standard Gauge Rail (SGR) linking Nigeria with the Niger Republic from Kano-Katsina-Daura-Jibiya-Maradi with a branch to Dutse.
“The specific project title, Kano-Maradi SGR with a branch to Dutse, has an implementation period of 30 months and will be implemented by the Federal Ministry of Transport.
“The Chinese African Development Fund through the Bank of China is expected to provide a loan facility of $325 million for the establishment of three power and renewable energy projects including solar cells production facility Phase 1 & II , electric power transformer production, Plants 1, II, III and high voltage testing laboratory.

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Fintiri Commences Work On PDP Nat’l Convention

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The Chairman of the National Convention Planning Committee of Peoples Democratic Party (PDP), Rt. Hon. Ahmadu Fintiri, has commenced work.
Fintiri, who is also the Adamawa State Governor, assumed his new office at the PDP headquarters in Abuja, on Saturday, with a pledge to ensure a smooth convention for the party.
Fintiri’s Press Secretary, Humwashi Wonosikou, said in a statement that Fintiri had hit the ground running towards ensuring a flawless convention for the main opposition party.
According to him, he assumed duty at the PDP Legacy House Abuja, which is to serve as the secretariat of the Convention Committee.
He said the 2021 convention organising committee chairman expressed satisfaction with the state of facilities at the Legacy House and reiterated the determination of his committee to deliver a process that would produce an acceptable National Working Committee to lead the party to victory in 2023.
The Convention Committee, which has Bayelsa State Governor, Senator Douye Diri, as deputy chairman, was inaugurated on Friday.
The National Executive Committee (NEC) of the PDP had earlier, on September 9, 2021, announced Fintiri as the party’s convention planning committee chairman, with Oyo State Governor, Mr Seyi Makinde as Secretary.

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2023: Group Warns Against Corruptible Candidates

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The Centre for Anti-Corruption and Open Leadership (CACOL) in Collaboration with the Civil Society Legislative Advocacy Centre (CISLAC) has taken its ongoing voter education to Epe, Lagos State, in the move to ensure a free and fair election in 2023.
The anti-graft group, in a statement made available to newsmen on Saturday, said that it had organised a one-day consultative meeting with residents of Epe division during which it warned them to guard their votes jealously in the 2023 elections and ensure that corruptible candidates would not be voted into power.
Presenting a paper titled, ‘Prioritising Anti-Corruption And Accountability Issues During The Upcoming 2023 General Elections In Lagos State’ at the chamber of Epe Local Government Area, CACOL chairman, Comrade Debo Adeniran, lamented that corruption had flourished so much in Nigeria and eaten deep into the country’s economy, hence the hardship and sufferings in the land. 
He said the solution that Nigerian citizens could proffer to the menace was to ensure that frontline contestants for the office of the Governor and State House of Assembly would be to articulate their anti-corruption stance and plans to tackle corruption, improve transparency and citizens’ involvement and other governance challenges.
Adeniran said since the Nigerian constitution did not permit independent candidates to run for elective offices, the voters should vote for the political party, whose candidates would be accountable, transparent and genuinely fight corruption.
He condemned the rate at which lawlessness had been thriving in the country generally due to high levels of corruption.
He lamented the high level of youth’s involvement in cybercrime, popularly known as Yahoo-Yahoo, even as he described as worrisome the situation where many parents had been seeing the crime as legitimate work, noting that such parents encouraged and supported their children to succeed in the illegal work.
Adeniran maintained that if care was not taken, the soonest, corruption would be viewed and accepted as a normal way of life, and the future generation might not see anything bad in corruption.
He opined that the negative effects of that would destroy things far beyond the current hardship being experienced across the country.
Mr Adeniran also frowned at the rate at which kidnapping was fast becoming a money-making venture in Nigeria.
He pointed out that both the rich and the poor had become vulnerable to kidnapping, because some  people kidnapped for ritual or to harvest organs, or to get the ransom and some others kidnapped for fun.
He said if the poor had known before now that they would be victims of kidnapping when the rich were the only targets, they would have taken necessary steps to end the illicit act.
He advised the people to be proactive in fighting corruption, stressing, “You need to take community action against anyone who wants to use your own lives to over-fatten his own.
“You have the right to demand your entitlements from your representatives in government. If you don’t speak against their reckless spending and corruptible acts now, they will eat up all your entitlements with theirs. Your power is your vote and by voting them into offices, you have given them all their needs.
“It is, therefore, their duty to serve you well; and not embezzle our general wealth.”
The CACOL chairman advised that in order not to be incorruptible, everyone must acquire skill as means of legitimate livelihood, explaining that since no religious book taught and encouraged people to get involved in corruption, it must be shunned by all Nigerians.

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