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Lopsided Appointments: NASS Gets 30 Days To Respond To Suit Against Buhari

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The Abuja Division of the Federal High Court, on Wednesday, gave the National Assembly, 30 days to respond to the suit that elder statesmen and leaders of socio-cultural groups in the Southern and Middle Belt regions of the country, filed to challenge alleged lopsided appointments by President Muhammadu Buhari.
The sixteen elder statesmen told the court that most appointments Buhari made since the inception of his administration in 2015, were in breach of the 1999 Constitution and the Federal Character Principle.
The plaintiffs, led by Chief Edwin Clark, Chief Reuben Fasoranti, Dr. John Nnia Nwodo, Dr Pogu Bittus, Chief Ago Adebanjo, Alaowei Bozimo, Mrs Sarah Doketri, Chief Chukwuemeka Ezeife and Air Commodore Idongsit Nkanga, alleged that the Southern and Middle Belt regions have been deliberately marginalized by the Buhari-led government.
They are praying the court to among other things, determine whether it was not “reckless and adverse to the interest of Nigeria”, for President Buhari to obtain a loan facility from the Islamic Development Bank, African Development Bank, the World Bank, China, Japan and Germany amounting to $22.7billion, for infrastructural development, only to allocate the bulk of the fund to the Northern region.
They are seeking a declaration that the loan facility purportedly for infrastructural development wherein less than 1% of the amount is to be allocated to the South-East Zone of Nigeria for specific infrastructural development, violates Section 16 (1) (a) (b) and S16 (2) (a) (b) (c) of the 1999 Constitution (as amended), as well as, “A declaration that the 1st Defendant’s procurement of any loan which would increase Nigeria’s outstanding debt by up to 30% of its GDP or which would increase its interest payment above 50% of government revenue is unconstitutional”.
Other plaintiffs in the suit marked FHC/ABJ/CS/595/2020, are Senator Kofoworola Bucknor-Akerele, Prof Julie Umukoro, Elder Stephen Bangoji, Alhaji Tijani Babatunde, Mrs Rose Obuoforibo, Mr Adakole Ijogi and Dr. Charles Nwakeaku.
Aside from Buhari, also listed as 2nd to 4th Defendants in the matter are the Attorney-General of the Federation, Clerk of National Assembly and the Federal Character Commission.
When the matter came up on Wednesday, Justice Okon Abang, gave the NASS which has been included as the 5th Defendant the leave to file its response.
The court also directed the AGF to regularize his own process which it noted was filed out of time, even as the case was adjourned till January 13, 2021, for hearing.
Specifically, the Plaintiffs, in the suit they filed through a consortium of lawyers comprising of 10 Senior Advocates of Nigeria led by Chief Solomon Asemota, SAN, and Chief Mike Ozekhome, SAN, are further praying the court to determine: “Whether the power to appoint designated public officers, including permanent secretaries, principal representatives of Nigeria abroad, which is vested in the 1st Defendant has been lawfully exercised by him since the inception of his administration from 2015 till date and Whether his actions are in breach of Sections 171(5), 814(3) (4) of the 1999 Constitution (as amended).
“Whether the power to appoint Nigeria’s Armed Services Chiefs, other Commanders or top officials of the respective Armed Forces Higher and High Commands’ General Staff; namely the Chief of Defense Staff (CDS), Chief of Army Staff (COAS), Chief of Naval Staff (CNS) and Chief of Airforce Staff (CA8); the other statutorily established Nigerian National Security agencies or services , namely: The Inspector General of the Nigerian Police (1GP), the Directors General (DGs) of the State Security Service (SSS), National Intelligence Agency (NIA) and the Defense Intelligence Agency (DIA); the Heads of National Security Associated Federal Government (FG) establishments, namely the Nigerian Civil Defense and Security Corps (NCDSC), Economic and Financial Crimes Commission (EFCC), the Nigerian Customs and Excise Service, the Nigerian Immigration Services (NIS), the Nigerian Correctional Services (NCS), the National Emergency Management Authority (NEMA), the National Youth Service corps (NYSC), the National Security Adviser (NSA), the Ministers of Defense, Interior, Police and the respective National Security ministries’ Permanent Secretaries’ which is vested in the 1st Defendant, has been lawfully exercised by the 1st Defendant since the inception of his administration and whether these appointments are in compliance with 81(2), 814(3)(4), 8217(3) of the 1999 Constitution (as amended).
“Whether by virtue of Section 5 of the 1999 Constitution (as amended) which vests the Executive arm of government with a constitutional responsibility and obligation to execute and uphold the tenets of the 1999 Constitution (as amended), particularly the country’s national interest, sovereignty and security is not violated by the lopsided nature of the current appointments into federal agencies are parastatals made by the 1st Defendant.
“Whether the 1st Defendant’s frequent arbitrary extension/elongation of appointment tenure beyond statutory prescription is not unconstitutional and inimical to the wellbeing, morale and harmony within the government workforce?
“Whether the 1st Defendant’s frequent appointment of retired persons instead of the most senior staff, is unconstitutional and tantamount to an abuse of office and threat to national unity?”
Upon determination of the questions, the plaintiffs prayed the court to declare, “That the present composition of the government of the federation, and most of its agencies, especially as regards the composition of its security and quasi-security architecture do not reflect the Federal Character of Nigeria but rather there is a predominance of persons from a few states and sectional groups dominating the opportunities and threatening national unity and integration.
“A declaration that the various appointments into positions in government, especially into strategic government agencies such as NNPC, NIA and other strategic infrastructural and regulatory institutions are ethnically discriminatory and lopsided and these violate the express provisions of the constitution as contained in Sections 14, 171 (1), 171 (5) of the 1999 Constitution (as amended)and therefore unconstitutional, illegal and ultra vires.
“A declaration that the country’s security architecture is in substantial, noncompliance, nonconformity and violation of Sections 217 (3), 218(2), 219 of the 1999 Constitution (as amended) and is therefore unconstitutional and ultra vires.
“A declaration that the 1st Defendant’s exercise of his power to make appointments as contained in S171 is not only governed by S171 (5) but also by the Public Service Rules, 2008.
“Consequently, the 1st Defendant’s indiscriminate and unlawful elongation of tenure of persons due for retirement and wanton extension of the tenure of heads of various government departments and agencies is also a violation of S14 (2), S15 (5) of the Constitution which prohibits abuse of power and promotes social justice.
“A declaration that the Defendants deliberate misinterpretation, misapplication and/ or non-application of the 1999 Constitution (as amended) and other extant laws herein enumerated have marginalized, discriminated against, and treated citizens that the Plaintiffs represent as second class and inferior citizens in their own country.
“A declaration that Section 10 CFRN prohibits the government from passing laws, legislation or engaging in activities, programmes, and projects seen as establishing an official religion or preferring one religion over another in Nigeria.
“A declaration that the Defendants derive their powers from the Nigerian Constitution, and must act within the ambit of the supreme provisions of the 1999 Constitution (as amended). Consequently, actions taken by the respective organs of government in violation of the 1999 Constitution (as amended) are unconstitutional, ultra vires and null and void. “A declaration that because the 1999 Constitution (as amended)is not suspended; it must be obeyed and adhered to.
“A declaration that Nigeria is a federal system of government, with federating states, and a Federal Capital Territory in accordance with Section 2(2) of the 1999 Constitution (as amended). Therefore, any system of governance operated contrary or inconsistent with the provisions of the 1999 Constitution (as amended) shall be deemed unconstitutional or illegal.
“An order of perpetual injunction restraining the Defendants, whether by themselves, servants, agents and/or privies, howsoever, from further appointing persons from only favoured sections of the country as Heads of key government positions and security and quasi security agencies of Nigeria to the detriment and exclusion of other sections of the country.
“An order of perpetual injunction restraining the Defendants, whether by themselves, servants, agents and their privies howsoever, from further violating the Public Service Rules 2008 and Armed Forces Act 2004 by extending tenures of personnel who have reached retirement age in accordance with the law.
“An order directing the 1st Defendant to forthwith revert the lopsided appointments complained about in the security and quasi security agencies and immediately take steps to appoint persons from other states and geopolitical zones, in line with the provisions of the 1999 Constitution (as amended) of the Federal Republic of Nigeria, as amended.
“An order directing the 1st Defendant to forthwith reverse the lopsided appointments made in the public service, diplomatic service and other principal Representatives of Nigeria abroad.
“An order suspending any further admission of Africans into Nigeria without e-visas, the requisite visas or e-migrant visas, until the adequate border control guidelines, training and bilateral reciprocity and waivers are agreed upon”.
Besides, the court was urged to award N50billion against the Defendants to represent punitive, aggravated and exemplary damages to the constituents of the Plaintiffs for the illegal, wrongful discriminatory and unconstitutional acts committed by the 1st Defendant against the people of the Plaintiffs’ states and geopolitical zones.

 

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Southern Govs Back Wike, Insist On VAT Collection …A’Court Urges Rivers To Submit Written Application For Receiver

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Southern Governors met in Enugu, yesterday, and declared their support for Rivers State Governor, Chief Nyesom Wike, insisting that it is within their purview to collect the Value Added Tax (VAT).
This is coming amid row between the Rivers State Government and the Federal Government, a case that is now subject of litigation.
The governors also reaffirmed their stand on open-grazing ban, urging every state in the region to quickly pass a law to that regards.
The resolution by the Southern Governors Forum is part of the six-point communique reached at its meeting at the Government House, Enugu, Enugu State, and read by Chairman of the Forum and Ondo State Governor, Rotimi Akeredolu, SAN.
The meeting of the Southern Governors Forum, which reviewed the state of the nation and the progress of the implementation of the decisions reached in its previous meetings, expressed satisfaction with the rate at which the states in Southern Nigeria were enacting and amending the anti-open grazing laws which allowed a uniform template and aspiration of Southern Governors, and encouraged the states that were yet to enact the law to do so expeditiously.
Reading the communique after the closed door meeting to journalists, Akeredolu said that the meeting reiterated its earlier position that the next President of Nigeria most come from the southern part of Nigeria, in line with politics of equity, justice and fairness.
According to the communique, the Southern Governors agreed to encourage the full operationalization of already agreed regional security outfit which will meet, share intelligence and collaborate to ensure the security and safety of the region.
Akeredolu opined that the meeting also reaffirmed its earlier commitment to stick to fiscal federalism as resolved at the inaugural meeting of the forum held on Tuesday, May 11, 2021, at Asaba, Delta State, and emphasize the need for the Southern States to leverage the legislative competence of their respective state Houses of Assembly, as well as representation in the National Assembly to pursue its inclusion in the Nigerian Constitution, through the ongoing constitutional amendment.
The communiqué, according to the forum’s chairman, expressed satisfaction with the array of issues around the Petroleum Industry Act (PIA) and ownership of NNPC by the larger Nigerian Governors Forum.
The forum thanked the host Governor, IfeanyiUgwuanyi, and chose Rivers State as the next host for the Southern Governors Forum meeting in November, 2021.
Present at the meeting were Rivers StateGovernor, Chief NyesomWike; Delta StateGovernor, Dr.IfeanyiOkowa;AkwaIbom StateGovernor, Chief Emmanuel Udom; and Osun StateGovernor, IsiakaAdegboyegaOyetola.
Others were Enugu StateGovernor, IfeanyiUgwuanyi;Bayelsa StateGovernor, Senator DuoyeDiri;Lagos State Governor,BabajideSanwo-Olu; and Ogun State Governor,EngrOluwaseyiAbiodun.
The governors of Oyo, Ekiti, Edo, Imo, Abia, and Ebonyistates were represented by their deputies.
The communiqué read in full, “The Nigerian Southern Governors’ Forum at its meeting of Thursday, September 16, 2021 held in the Government House, Enuqu, Enugu State, reviewed the state or the nation and the progress of implementation of the decisions reached in her previous meetings and further resolved as follows:
“Expressed satisfaction with the rate at which the states in the Southern Nigeria are enacting or amending the Anti-Open Grazing Laws which align with the uniform template and aspiration of Southern Governors and encouraged the states that are yet to enact this law to do so expeditiously.
“Encouraged the full operationalization of already agreed regional security outfits; which would meet, share intelligence and collaborate, to ensure the security and safety of the region.
“Reaffirmed its earlier commitment to structural and fiscal federalism as resolved at the inaugural meeting of the Forum held on Tuesday, May 11, 2021 at Asaba, Delta State, and emphasized the need for the Southern States to leverage the legislative competence of their respective State Houses of Assembly as well as representation in the National assembly to pursue its inclusion in the Nigerian Constitution through the ongoing constitutional amendment.
“Following from paragraph 3 above, the meeting resolved to support the position that the collection of VAT falls within the powers of the states.
“Expressed satisfaction with the handling of issues around the Petroleum Industry Act (PIA) and ownership of Nigerian National Petroleum Corporation (NNPC) by the larger Nigerian Governors’ Forum.
“Reiterated their earlier position that the next President of Nigeria must come from the Southern part of Nigeria in line with politics of equity, justice and fairness.
“The forum thanked the host Governor, IfeanyiUgwuanyi, and chose Rivers State as the next host for the Southern Governors’ Forum meeting in November, 2021″.
However, the Court of Appeal, yesterday, declined to accede to the request of Rivers and Lagos states for the appointment of Receiver or Manager for the purpose of collecting and keeping Value Added Taxes (VAT) in place of the Federal Inland Revenue Services (FIRS) pending the resolution of all legal disputes in the matter.
The two states separately canvassed that the order of status quo ante bellum granted on September 10 in favour of FIRS to continue the collection be put on hold given the appeal already lodged at the Supreme Court against the order.
Counsel to Rivers State, IfedayoAdedipe, SAN, in his oral application, pleaded with the appellate body to exercise its power under Order 4 Rule 6 of the Court of Appeal to appoint a Receiver or Manager to take custody of the VAT in the interest of justice to parties in the matter.
The Attorney General of Lagos State, Mr MoyosoreOnigbanjo, SAN, who stood for his state, toed the path of Rivers in canvassing that the court be fair and just in the pending appeal.
Onigbanjo specifically asked the Appeal Court to restrain FIRS from further collecting the tax and replace it with a Receiver or Manager that would act for parties that are locked in the legal battle.
The Lagos Attorney General predicated his expressed fear of unjust treatment on the fact that FIRS apart from collecting the tax has been sharing it among the 36 states and the Federal Capital Territory (FCT) despite the pendency of the legal tussle.
“I think it is also necessary to restrain the FIRS, because they collect the VAT, distribute to all the states and keeps their own 4 per cent.
“If, at the end of the day, the court agrees with the judgment of the Federal High Court, how do we retrieve the funds that have been shared?”,Onigbanjo added.
The appeal by the FIRS is against August 9, 2021 judgment by Justice Steven Pam of the Federal High Court in Port-Harcourt, voiding the Value Added Tax (VAT) Act and holding that states could collect VAT.
Justice Haruna Simon Tsanami, who led a three-member panel, directed them to make the application formal by providing the necessary facts, including ascertaining the amount being collected as VAT.
Other members of the panel are Justices BatureGafai and Peter Affen.
Meanwhile, the court has reserved ruling on an application by Lagos State to be made a respondent in the appeal filed by the Federal Inland Revenue Service (FIRS).
The court, after listening to arguments by lawyers to parties, yesterday, said they would be informed when the ruling was ready.
In arguing Lagos’ application, Onigbanjo (SAN) said his client was a necessary party as it would be affected by the outcome of the case.
He noted that, as a federating unit/state in Nigeria, Lagos was entitled to collect VAT by virtue of the judgment of the Federal High Court that annulled VAT Act.
Onigbanjo argued that even the appellant (the FIRS) recognised that Lagos State has an interest in the case, which he said, was evident in the affidavit it filed, wherein copious reference was made to the Lagos State Government.
He further argued that since FIRS, in an affidavit supporting its application for stay of the judgment, recognised the interest of the Lagos State Government in the case, “it cannot now turn around to say the Lagos State Government has no interest in this case and should not be joined. It cannot blow hot and cold or speak from both sides of its mouth.”
Onigbanjo also contended that it was unfair for the FIRS to oppose Lagos’ request to be heard in the case after making allegations against the state.
He added that even the court recognised the interest of Lagos State in the case when it extended its order on maintenance of status quo to Lagos State, which was not yet a party in the case.
Onigbanjo prayed the court to join his client as a respondent.
Adedipe adopted Onigbaajo’s argument, and urged the court to allow the application by Lagos State.
Following the observation by Onigbanjo that the written address filed by the Attorney General of the Federation (AGF) was incompetent, the lawyer representing the AGF, TijaniGazali (SAN), withdrew the address, subsequent upon which the court struck it out.
Lawyer to FIRS, Mahmud Magaji (SAN), objected to the joinder application filed by Lagos State, arguing, among others, that the state was not a necessary party.
Magaji faulted the competence of the application, and urged the court to discountenance it.
On second thought, Magaji said if the court was willing to join Lagos; it should extend such indulgence to the other states of the federation.

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Okonjo-Iweala Makes ‘TIME 100’

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Nigerian-born Director-General of the World Trade Organisation (WTO), Dr Ngozi Okonjo-Iweala, has thanked the Duke of Sussex, Prince Harry and his wife, Meghan Markle, for the kind words they penned about her as she makes the TIME 100 list of The World’s Most Influential People.
The magazine has noted the globally-rated economist’s activities around the efforts to ensure that everyone on the planet earth gets vaccinated against any preventable disease for which there is a vaccine.
The ex-World Bank guru has been the Board Chair of Gavi, the Vaccine Alliance, since January 1, 2016.
Gavi has the goal of increasing access to immunization in poor countries.
Concerning the TIME entry, the Duke and the Duchess state, “What will it take to vaccinate the world? Unity, cooperation—and leaders like Ngozi Okonjo-Iweala”.
“As the first African and first woman to lead the World Trade Organization, a 164-member group of nations that oversees trade across the world, Okonjo-Iweala took on the role of director-general this March at a watershed moment for our global health and well-being. Make no mistake; her job affects every person, family and community.
“As we face a constant barrage of vaccine misinformation, bureaucratic slowdowns across both government and industry, and the rise of variants that underscore the urgency of the situation, Okonjo-Iweala has shown us that to end the pandemic, we must work together to equip every nation with equitable vaccine access.
“Our conversations with her have been as informative as they are energizing. This is partly because, despite the challenges, she knows how to get things done—even between those who don’t always agree—and does so with grace and a smile that warms the coldest of rooms.
“The fragility of our world right now cannot be overstated. Just over a quarter of the nearly 8 billion global population is fully vaccinated.
“Achieving vaccine equity is a global duty of compassion for one another. Our hope is that guided by strong leaders like Ngozi, we can get there soon”, they wrote.

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Relocation Of Insurgents, Wake-Up Call, CAN Warns

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The Chairman, Christian Association of Nigeria (CAN), Kaduna State Chapter, Revd Joseph Hayab, has described the alleged relocation of Boko Haram leaders to Southern Kaduna as a wake-up call on people of the area.
Hayabsaid that though the news of the alleged relocation was not new, government has not done enough to protect the people.
He claimed all the calls from voices of reason appeared not to have moved both the federal and state governments to rise to the occasion.
“The relocation of Boko Haram to Southern Kaduna is not new. Who are those that have been killing people indiscriminately in that area in the last few years? The church, SOKAPU and the people have been complaining about killings in Southern Kaduna but only fell on the deaf ear of those in authority.
“Therefore, the leaked document has simply confirmed our worries and shows that more days for killings of innocent citizens are coming unless the people take personal initiative to defend their lives and land. Our government has not done enough to convince us that they want to stop the killings going on all over the area.
“Now, we were being told that there is a leaked memo about Boko Haram when those in authority have always turned deaf ears to cries of our people when we complain about killers that people see every day. Boko Haram fleeing North-East to Southern Kaduna is simply a wake-up call for the Southern Kaduna people to rise to the occasion,” he said.
A leaked DSS memo had said insurgents were relocating from Sambisa forest in BornoState to Chikun LGA in Kaduna State.
The alert was in a leaked memo marked NSCDC/NHQ/INT&INVST/323/2021, dated September 9, 2021, and signed by the Acting Deputy Commandant-General of the Nigeria Security and Civil Defence Corps, Intelligence and Investigation, B.O. Bassey.
The DSS, therefore, asked the civil defence to be on the alert.
“It has been uncovered, plans by senior Boko Haram fighter, Ibrahim (FNU) alongside his foot soldiers relocating from ‘Sambisa Forest in Borno State to Rijana Forest in ChikunLocal Government Area of Kaduna State with a view to joining their counterpart under the leadership of one AdamuYunusu (aka Saddiqu).
“In light of the above, you are hereby directed to step up surveillance and intelligence gathering on the aforementioned areas and environs.”
Meanwhile, months after the crash involving a Nigerian Air Force (NAF) King Air 350 aircraft on May 21 at the Kaduna Civil Airport, Commissioner of the Accident Investigation Bureau (AIB), Akin Olateru, has submitted an interim report to the Chief of Air Staff (CAS), Air Marshal Amao, at his office at NAF Headquarters, Abuja.
After the crash, the CAS directed that a joint investigative body consisting of NAF safety officers and the AIB be constituted to investigate the causes.
A joint statement by the Director of Public Relations and Information, Air Commodore Edward Gabkwet, and General Manager, Public Affairs, AIB, TunjiOketunbi, revealed that at this interim stage, a total of 27 initial findings and eight safety recommendations were made for the convening authority as well as other aviation-related agencies for immediate implementation.
They further disclosed that it is expected that the final report would contain the flight data recorder readout, the reviewed operator’s and service provider’s standard operating procedures as well as other detailed analyses.
While receiving the report, the CAS reiterated the main essence of activating the ‘joint investigative’ clause contained in the Memorandum of Understanding (MoU) signed between the NAF and the AIB on July 1, 2020.
He said successful collaboration is a clear indication of the potency of collaboration in aircraft accident investigation, which must be encouraged.
Similarly, the Christian Association of Nigeria (CAN), has blamed Almajiri system in the North for the increasing cases of banditry, kidnapping, terrorism and armed robbery in the country.
The Chairman of CAN in Imo State, Rev. Eches Divine Eches, stated this in an interview with journalists in Abuja, ahead of the organisation’s 45th anniversary and Founder’s Day billed to hold today in Owerri, the Imo State capital.
According to him, banditry and kidnapping are increasing because the authorities have failed to pay more attention to the critical factors behind the widespread insecurity in the country.
Eches also expressed concern over Sheikh Ahmed Gumi’s links with the bandits terrorising the North-West region and the alleged helplessness of the government to arrest and caution him for his many ‘unguarded utterances’ about their activities.
He said, “You can’t have Almajiri system of life and government in the last 40 years in our nation bringing up people without any trace to families, hometowns or nationalities.
“They are scattered all over the street, without you knowing that someday they will leave the street and go to the bush where they will begin to do the trade of kidnapping.
“Also, you can’t, in any sane nation, have the likes of Gumi, a religious scholar, going about promoting banditry and you don’t think that this will continue. Yet, that is what we are seeing today. We are not seeing anything more than what we have planted.
“We allowed this thing (insecurity) to continue and it is now going to consume the nation, if drastic measures are not put in place to take them (Almajiri) out of the streets, give them a sense of belonging, put them in school, and help them realise their potentials.
“These bandits we find today were the Almajiri who used to be in front of our houses and begging for food.
“We are praying and that is why God is still sustaining our nation. I trust God will continue to sustain us in Jesus name.”
On CAN’s 45th anniversary of its Founder’s Day, Eches said the programme was necessary to remember the labour of past heroes, including over 250 retired church leaders and indigent youth and women who were weak.
“They retired church leaders laboured to bring to bear what we are enjoying and working on today.
“We thought it very necessary to remember the weak among us as most of them are passing through terrible times, especially in such a time as this in our nation.
“So, we thought it very important that we will use this 45th anniversary of our Founders’ Day to celebrate such a people and remember their labours, and say to them ‘you deserve to be celebrated’ both by cash and gift,” he said.

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