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NSCDC Can’t Regulate Varsities’ Security Depts, Court Rules
A Federal High Court in Abuja has voided the directive by the Nigeria Security and Civil Defence Corps (NSCDC) to universities to register their security departments with it, failing which the institutions would be shut and their Vice Chancellors arrested.
In a judgement, yesterday, Justice Evelyn Maha, held that the NSCDC was not empowered by any law to regulate activities of the security department of any university in Nigeria.
Justice Maha held that if the National Assembly wanted the NSCDC to have control over activities of universities and their security departments, the Legislature would have made law to that effect.
The judgment was on a suit marked: FHC/ABJ/CS/1032/2019 filed by the University of Calabar (UNICAL) and its Vice Chancellor.
The plaintiffs claimed that sometime in August, 2019, the NSCDC wrote a letter to the University of Calabar, a statutory body established by the University of Calabar Act 1979, demanding that the university should register its security department as a Private Guard Company or the NSCDC will enter the university and arrest the Vice Chancellor and the institution’s other staff for ostensibly breaking the law.
On receiving the NSCDC’s letter, the institution asked its lawyer, Emmanuel Umoren to write a reply to the letter, which he did.
Upon its receipt of the university’s reply, the NSCDC issued a 14-day notice for the university to obey the directive, failing which it will close down the school and arrest its staff.
The threat made the university to sue in a bid to determine its rights as a body created by statute vis a vis the directive from NSCDC.
Defendants in the suit are the Attorney General of the Federation (AGF), Minister of Interior and NSCDC.
In the judgment delivered on February 20, 2020, a certified true copy (CTC) of which was sighted in Abuja, yesterday, Justice Maha granted the reliefs sought by the plaintiffs.
The judge struck down Paragraph 25 of the Private Guards Companies Regulation (PGCR), 2018 which gave the NSCDC powers to compel persons generally carrying on security work to register as private guards companies.
She held that the portion of PGCR was ultra vires the powers donated by the National Assembly to the Minister of Interior (NSCDC’s supervising minister) under the Private Guard Companies Act.
Justice Maha proceeded to declare that the 1st plaintiff’s (UNICAL’s) security department, by its nature and being an apparatus of an organisation established by an Act of the National Assembly, University of Calabar Act, 1979, does not fall within the jurisdictional scope and or category of persons and/or bodies to be regulated by the 3rd defendant and cannot therefore be required and or compelled to be registered and/or licensed by the 3rd defendant.
She also declared that the 2018 Private Guard Companies Regulations (PGCR) do not confer authority on the 3rd defendant to regulate the activities of University of Calabar.
The judge further declared that the Private Guard Companies Act, Cap P30, LFN 2004, Nigeria Security and Civil Defence Corps Act, Cap N146, LFN 2004 would have been amended by the National Assembly to enable the defendants, especially the 3rd defendant regulate activities of the 1st plaintiff, if it was the intention of the Legislature.
Justice Maha granted an order of perpetual injunction, restraining the defendants jointly and severally, whether by themselves or through their officers and members from embarking on any action against the 1st plaintiff’s security department, including but not limited to sealing up the 1st plaintiff under the guise of purportedly enforcing the provisions of the Private Guard Companies Act, Cap P30, LFN 2004, the Private Guard Companies Regulations 2018 and therefore disturbing the 1st plaintiff and its security department in the discharge of its lawful duties.
The judge equally granted an order of perpetual injunction, restraining the defendants jointly and severally, whether by themselves or through their officers and or agents, from embarking on any action against the plaintiffs including but not limited to the arrest and prosecution of the 2nd plaintiff and any other officer or staff or agent of the 1st plaintiff under the guise of purportedly and unlawfully enforcing the provisions of the Private Guard Companies Act, Cap P30, LFN 2004, Nigeria Security and Civil Defence Corps Act, Cap N146, LFN 2004, the Private Guard Companies Regulations 2018, and therefore, disturbing the 1st plaintiff and its security department in the discharge of their lawful duties.
“A declaration is hereby made that Paragraph 23 of the Private Guard Companies Regulation, 2018, is null and void and of no effect and struck out,” the judge held.
Rivers State Head of Service, Dr (Mrs) Inyingi Brown, has called on rural communities in the State to embrace the Rural Access and Agricultural marketing project (RAAMP) with a view to improving their living conditions.
This follows the ongoing sensitization campaign by the State Project Implementation Unit (SPIU) visits to Degema, Abonnema, Afam headquarters of Degema, Akuku Toru and Oyigbo Etche and Omuma local government areas respectively.
Dr Brown who was represented by the Deputy Director, Special Duties in her office, Mrs Dein Akpanah, said RAAMP was initiated by the Federal Government and World Bank to economically empower rural dwellers.s
She said the World Bank understands the plights of rural farmers and traders in the State, and therefore came up with the programme to address them.
According to her, RAAMP will improve the conditions of farmers, traders and fishermen, and therefore, behoves on every rural communities in the State to embrace the programme.
The Head of Service also said the programme would support the youths to be gainfully employed while bridges and roads will be built to link farms and fishing settlements.
Also speaking, the State project coordinator, Mr Joshua Kpakol, said the programme has the potential of creating millionaires among farmers and fishermen in the State.
Kpakol who was represented by Engr. Sam Tombari, said RAAMP would help farmers and fishermen to preserve their produce.
According to him, the project will build cold rooms and Silos for preservation of crops and fishes while access roads will also be created to link farmers and fishermen to the market.
He, however, warned them against any act that will lead to the suspension of the projects by the World Bank.
Kpakol particularly warned against acts such as kidnapping, marching ground, gender based violence and child labour, adding that such acts if they occur may lead to the cancellation of the project by the World Bank.
During the visit to Oyigbo local government area, Mr Joshua Kpakol, said the team was there to let them know how they will benefit from the Raamp.
The coordinator who was personally at Oyigbo said the World Bank introduced the project to check food insecurity in the State.
He said already 19 states in Nigeria are already benefitting from the project and called on them to embrace the project.
Meanwhile, stakeholders in the three local government areas have commended the World Bank for including their areas in the project.
They, however, complained over the incessant attacks by pirates on their waterways.
At Degema, King Agolia of Ke kingdom said land was a major problem in the kingdom.
King Agolia represented by High Chief Alpheus Damiebi said many indigenes of the kingdom are willing to go into farming but are handicapped by lack of land.
Also at Degema, the representative of the Omu Onyam Ekeim of Usokun Degema kingdom, Osoabo Isaac, said Degema has embraced the programme but needed more information on the implementation of the programme.
Similarly, while High Chief Precious Abadi advised that the project should not be narrowed to only crop farming, a community women leader, Mrs Orikinge Eremabo Otto, called for the construction of cold rooms in all fishing settlements in the area.
At Abonnema, Mr Diamond Kio linked the problem of the area to incessant piracy along waterways.
He also expressed fears over the possibility of the project being hijacked by politicians.
Also at Abonnema, a stakeholder, Ikiriko Kelvin, called on the World Bank to design an agricultural project that will suit the riverine environment, while at Oyigbo, HRH Eze Boniface Akawo expressed satisfaction with the project.
John Bibor
The political mudslinging between the Senate leadership and Senator Natasha Akpoti-Uduaghan continued yesterday as the Senate named Senator Aniekan Bassey as the new Chairman of the Committee on Diaspora and Non-Governmental Organisations.
Senate President, Godswill Akpabio, announced the appointment during yesterday’s plenary, confirming Bassey’s replacement of Senator Natasha Akpoti-Uduaghan, who is currently on suspension.
Akpoti-Uduaghan was reassigned to the Diaspora and NGOs Committee in February after she was removed as Chair of the Senate Committee on Local Content during a minor reshuffle.
Bassey is the senator representing Akwa Ibom North-East Senatorial District.
Although no reason was given for her removal yesterday, the change is believed to be connected to her unresolved suspension.
In May, Justice Binta Nyako of the Federal High Court ordered her reinstatement and directed her to tender an apology to the Senate.
However, the Senate has insisted it has not received a certified true copy of the court judgment.
Akpoti-Uduaghan who represents Kogi Central, has yet to resume her legislative duties despite a recent court ruling that voided her suspension.
In a televised interview on Tuesday, Akpoti-Uduaghan said she was awaiting the Certified True Copy of the judgment before officially returning to plenary, citing legal advice and respect for institutional process.
Although the Federal High Court described her suspension as “excessive and unconstitutional”, a legal opinion dated July 5 and attributed to the Senate’s counsel, Paul Daudu (SAN), argued that the ruling lacked any binding directive to enforce her reinstatement.
Akpoti-Uduaghan, one of only three female senators in the current assembly, said the continued delay in allowing her return was not only a denial of her mandate but also a blow to democratic representation.
“By keeping me out of the chambers, the Senate is not just silencing Kogi Central, it’s denying Nigerian women and children representation. We are only three female senators now, down from eight,” she said.