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Court Upholds Senate’s Power To Reject Magu …As Upper Chamber Orders Immediate Sack Of EFCC Boss …Summons IGP Over Continued Killings In Benue
The Federal High Court in Abuja has held that the Nigerian Senate acted within the law when it rejected President Muhammadu Buhari’s nomination of Mr. Ibrahim Magu as the substantive Chairman of the Economic and Financial Crimes Commission, EFCC.
The court, in a judgement that was delivered on January 15, but made available to newsmen yesterday held that Section 2 (3) of the EFCC (Establishment) Act, 2004, conferred the Senate with the authority to ensure the choice of only suitable and credible persons for appointment into the EFCC’s chairmanship position.
Justice John Tsoho who delivered the verdict based on a suit that was lodged before the court by a legal practitioner, Mr. Oluwatosin Ajaomo said the import of the EFCC Act was that the Senate does not only exist to rubberstamp the President’s appointment of any person to head the anti-graft agency.
He held that the Senate was empowered to confirm or reject any appointee to the office of the Chairman of the EFCC by the President, based on facts available to it.
According to the court, Section 2(3) of the EFCC Act provided that appointment of Chairman and members of the commission other than ex-officio members shall be subject to confirmation of the Senate, stressing that the wordings of the Act were very instructive to the effect that they introduced a condition that must be fulfilled.
Justice Tsoho held: “On the strength of these authorities therefore, the expression ‘subject to’ should be understood to simply mean ‘depending on’. Accordingly, the import of Section 2(3) of the EFCC Act is that the appointment of a Chairman made by the President is dependent on confirmation by the Senate.
The 1st defendant can therefore reject a statutory appointment of a Chairman of the EFCC made by the President, if there is good basis for doing so. Issue 1 stands resolved. “On issue 2 for determination, there is no doubt that the 1st defendant is bound by the provisions of the EFCC Act with respect to appointment of Chairman of the EFCC by the President.
It should be realised that the provisions of Section 2(3) of the EFCC Act empower the Senate, headed by the 1st defendant to confirm an appointee to the Office of the Chairman of the EFCC by the President. “The Senate is thus conferred with authority to ensure the choice of only suitable and credible persons for appointment to that office.
The submission of the plaintiff however gives the impression that the Senate only exists to rubberstamp the President’s appointment of a Chairman. Such viewpoint runs counter to the proper intendment of Section 2(3) of the EFCC Act and is misconceived. Issue 2 is also resolved.
“The point must be made that it is trite law generally, that where a plaintiff’s claim is unchallenged and uncontroverted, the court will accept the available evidence and act on it. There is however exception to this, where the court finds that the plaintiff’s action is not maintainable, despite being unchallenged.
This, I humbly hold to be the position in the instant suit, as I regard as doubtful, the plaintiff’s capacity or competence to maintain the action”, Justice Tsoho held.
The plaintiff had in a suit he filed on January 24, 2017, marked FHC/ABJ/CS/59/2017, which had the Senate President and the Attorney General of the Federation as defendants, prayed the court to determine “Whether or not the 1st defendant can reject a valid statutory appointment made by the President of the Federal Republic of Nigeria to the office of the EFCC in accordance with the provisions of the EFCC (Establishment) Act 2004.
As well as, “Whether or not the Senate was bound by the provisions of the EFCC Act, 2004 with respect to the confirmation of any appointment made by the President of the Federal Republic of Nigeria”.
He further sought an interpretation of the provisions of section 2 (1) (a) (i) (ii) (iii) and 2(3) of the EFCC (Establishment) Act 2004 with respect to the appointment of the Chairman of the EFCC by the President of the Federal Republic of Nigeria and the subsequent confirmation of the appointment by the Senate of the National Assembly of the Federal Republic of Nigeria according to the dictates of the law.
He argued that the reason Senate gave for its refusal of Magu’s nomination was a security report, which he said was mere advisory. However, the court held that the locus-standi of the plaintiff to institute the action was doubtful, saying he failed to disclose sufficient stake or peculiar interest of the plaintiff above others that entitled him to institute the action.
Meanwhile, the Senate has asked President Muhammadu Buhari to as a matter of urgency sack the Acting Chairman of the Economic and Financial Crimes Commission, EFCC, Ibrahim Magu.
According to the Senate, failure to do that, it would henceforth not attend to nominations from the Presidency, just as it vowed that it will not in any way, jettison its earlier position on the EFCC boss.
According to the Senate, the impasse would persist until its power of confirmation of nominees to the boards of commissions established by enabling laws, but not listed in the 1999 Constitution as amended was clarified.
Senate spokesman, Sabi Abdullahi made this known yesterday while clearing the air on the controversies surrounding its suspension of the confirmation of nominees from President Muhmmadu Buhari.
Similarly, the Senate yesterday resolved to summon the Inspector General of Police, Ibrahim Idris, over the failure to meet the two-week ultimatum to arrest those who perpetrated the New Year Day attacks in Guma and Logo Local Government Areas of Benue State.
The Senate’s decision was sequel to a point of order raised by Senator Joshua Lidani, who demanded for the appearance of the IGP before the Senate.
Lidani said the two weeks given to Idris to arrest the killer herdsmen has expired and nobody has been arrested in connection to the killings in the state.
According to him, “two weeks was given to the IGP to arrest and arraign the killers, up till now, no arrest has been made, no information has been brought before us.
“Therefore, I want us to summon the IGP to appear before the Senate to give us update.”
Thereafter, the Senate unanimously adopted the request of Lidani for Idris to appear before the Joint Senate Committee on Police and National Security with his report.
In his remarks, the Senate President, Dr. Abubakar Bukola Saraki said the resolution of the Senate must be taken seriously and therefore the IGP must appear before the relevant Senate Committee to give the update.
Saraki added that the Senate is not going to be doing what is necessary until people are accountable.
“Something needs to be done,” he said.
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Oil & Gas: Rivers Remains The Best Investment Destination – Fubara
Governor Siminalayi Fubara says Rivers State remains the best investment destination for investors in the oil and gas sector.
Governor Fubara stated that since the economic development of Rivers State is closely connected to the growth of the oil and gas industry, his administration has continued to collaborate with the Federal Government and host communities to protect natural assets in the sector.
The Governor stated this during the Nigeria and Entrepreneurship Summit and Honours (NESH) Foundation Oil and Gas Roundtable in Port Harcourt.
Represented by the Secretary to the State Government, Dr. Benibo Anabraba, he pointed out that since the economy of Nigeria relies substantially on the oil and gas sector, his administration will continue to collaborate with relevant stakeholders to ramp up production.
“The Nigerian oil and gas sector is the lifeblood of our nation’s economy, contributing over 90% of Federal Government’s foreign exchange earnings. Similarly, Rivers State, home to numerous national and multinational oil and gas companies, is the centre of Nigeria’s hydrocarbon industry, with the State’s oil and gas resources generating over 40% of the country’s revenue.
“?Considering this, the survival and economic development of Rivers State are closely connected to the growth of the oil and gas industry. That is why, since the beginning of this administration, we have focused on safeguarding the national oil and gas assets in collaboration with the Federal Government, security agencies, communities and other stakeholders, and we will maintain this commitment for as long as it is necessary.
“Furthermore, we have established and maintained a conducive, peaceful, and secure environment for companies to open and flourish in the State as part of a strategic plan to stimulate our economy, generate jobs, and enhance the well-being of our citizens.
“We therefore recognise and applaud the vital role that indigenous companies are currently playing in bridging gaps and advancing the development of Nigeria’s oil and gas industry,” he stressed.?
Governor Fubara affirmed that Nigerian-funded companies can only succeed and make meaningful contributions to the nation’s economic prosperity when challenges that limit the nation are effectively tackled, and expressed his administration’s stand to support indigenous organisations such as the Nigeria and Entrepreneurship Summit and Honours (NESH) Foundation.
Declaring the roundtable open, the Governor assured the Nigerian-Owned companies in the oil and gas sector, that “we are ready and willing to respond positively to any administrative, policy, or legislative recommendations within our jurisdiction as a subnational State.”
The Founder of the Nigeria and Entrepreneurship Summit and Honours (NESH) Foundation, Mr Emeka ugwu-Ozu, disclosed that the summit, held only in an oil and gas producing place, is a forum for all in the industry to brainstorm and suggest best practices for local players.
“This roundtable discussion takes place in only oil and gas producing states, and it is intentional. And that is to make sure that sooner, it becomes like what we say is the equivalent of Houston in the United States of America.
“I would say that from what I have seen so far, Rivers State is back and open, safe and good for business. The oil and gas players should come and see what we have seen,” he said.
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Lady Fubara Lauds Rivers Women On Peace, Development
Wife of the Rivers State Governor, Lady Valerie Fubara, has lauded the commitment, solidarity and pivotal role of women in promoting peace and enterprise development in Rivers State.
Lady Fubara spoke at the second edition of ‘Women Converge,’ a special programme organized by Rivers Women Unite for Sim, an NGO, at the main bowl of the Alfred Diete-Spiff Sports Complex in Port Harcourt, last Thursday.
She said women in the state had tremendously impacted the state positively through their prayers, careers, contributions to the home fronts, and expressed appreciation to Rivers women, for their unwavering support to her husband, Sir Siminalayi Fubara, the Governor of Rivers State, while urging them to continue to pray for the state.
“Once again, let me use this occasion to thank Rivers women for their support both in prayers and solidarity with me and my family. You have been wonderful. I can’t reward all that you do, but God in heaven who sees in secret will surely reward you openly.
“Truly today, marks another milestone in our effort to shape the society for good and lending our support for the sustenance of peace and development of Rivers State in particular and Nigeria at large. Without doubt, the prayers of our women avails much in every situation.
“Let me enjoin our women to remain prayerful because God is ever ready to answer our prayers. In all that we do, we must not forget the hand of God and often seek Him for direction and help. You have always been steadfast and I urge you not to relent, and together we will move our society forward. Whatever you do, putting your trust in God will certainly succeed”.
The Rivers State first Lady described the theme of the event, “Women in An Evolving World” as apt and, deeply reflective of the very essence of actions and strategies that women adopt to navigate the new world order.
She noted that despite the complexities of managing the home front and the constraints of economic realities, women had demonstrated formidable strength and resilience to confront the odds of life.
“This Converge underscores the resilience of our women to succeed no matter the odds, especially with absolute faith in God and determination for greater accomplishments.”
“Whether in the industry, business, agriculture, public service or even in politics, they have always shown strong determination to adapt and to accomplish like others.
“Our natural state notwithstanding our focus has always been to reach for the sky like every other person and as Rivers women we have always been pacesetters.
The Keynote Speaker, Pastor Eno Jerry Eze, described women as the foundation of every society, noting that the development of every society depends on the strength of womanhood.
In their good will messages, notable Rivers women who attended the event expressed optimism over the prospects of sustainable peace and development in Rivers State, and reiterated their support for the administration of Governor Siminalayi Fubara.
Some dignitaries that attended the event include former Commissioner for Environment in Rivers State, Prof Roseline Konya; foremost activist, Ann Kio Briggs; wife of the former Deputy Governor of Rivers State, Dr Mrs Christie Toby; President of the Port Harcourt Chambers of Commerce Industry, Mines and Agriculture, PHACCIMA, Dr Chinyere Nwoga; Pastor Ene Secondus, among others.
Highlights of the event were ministrations, cutting of cake and special prayers for Rivers State.
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Fubara Frowns At Slow Pace Of Ndele–Omofo–Egmini–Agba-Ndele Road Project ….Says Contract May Be Reviewed
Rivers State Governor, Sir Siminalayi Fubara, has expressed dissatisfaction over the slow progress of work on the 14.5-kilometer Ndele/Omofo/Egamini/Agba-Ndele Road project located off the East–West Road in Emohua Local Government Area.
Addressing newsmen during an inspection tour of the project on Tuesday, the Governor noted that the pace and quality of work being delivered by the contracting firm, Messrs Stream Co. & Equipment Limited, fell below acceptable standards.
He was accompanied on the tour by the Permanent Secretary, Ministry of Works, Dr. Austin Ezekiel-Hart, who briefed the Governor on the status of the project and adjoining infrastructure.
Governor Fubara, who appeared visibly unsatisfied with what he saw on the stretch of the road, said his administration would not condone mediocrity or allow public funds to be wasted on underperforming projects. He, therefore, hinted that a review of the contract may be imminent to ensure the delivery of quality infrastructure to the people.
“I can say here already that the contractor handling the road from the bridge to the East–West Road is not doing a good job. I’m not happy about it. When I get back, there will be a need to review that contract because I’m not impressed. They don’t have the capacity, and we need capacity because we must have value for whatever money we’re spending,” the Governor said.
The Governor, however, commended Setraco Nigeria Limited for the standard and pace of work on the 240-meter Agba-Ndele/Abua Bridge, which forms a major component of the project. He explained that the bridge, which his administration inherited, would significantly improve connectivity among communities in the area once completed.
Governor Fubara stated that the bridge will serve as a key link between communities in Abua/Odual, Ahoada-East, and Emohua Local Government Areas, reducing travel time and providing an alternative route to the East–West Road.
He emphasised that the project demonstrates his administration’s commitment to rural connectivity and inter-community access, which are central to his development vision for Rivers State.
“Where we are standing on is a bridge connecting Abua/Odual, Ahoada-East, and Emohua Local Government Areas. The community that is connected to this bridge is Agba-Ndele.
“Instead of running through the East–West Road to Ahoada-East and heading into Port Harcourt or out of it, this bridge provides easy access for the Abua/Odual people to cross into Emohua, Agba-Ndele, and access the East–West Road in minutes,” he explained.
Governor Fubara also expressed optimism that the bridge would be ready for use in early 2026, noting that Setraco’s expertise and performance met his administration’s expectations for quality and delivery timelines.
He highlighted that projects of such importance should be handled by firms with the capacity to meet government standards.
The Governor further remarked that once completed, the bridge would serve as a crucial economic corridor for farmers and traders, especially those involved in agriculture and cultivation of local produce across the beneficiary local government areas.
He maintained that his administration is determined to deliver people-oriented projects that promote connectivity, strengthen commerce, and enhance livelihoods across the State.
“I’m really impressed with what I’ve seen on the bridge. I’m very sure that before the end of January, it might be completely ready for us to walk through and even drive across,” Governor Fubara said.
Reaffirming his vision for Rivers people, the Governor noted that his development plan seeks to integrate all parts of the State through strategic infrastructure investments that promote mobility, social cohesion, and economic growth.
He explained that his government is executing projects across multiple local government areas to ensure balanced development and inclusivity.
Governor Fubara stated that the administration will soon address the deplorable state of the Abua/Ahoada Road, which he said, will be included in the 2026 state budget.
“Our vision is to connect the entire Rivers State together, especially communities that have challenges of access. The bridge here connects Abua/Odual and Ahoada-East to Emohua and Port Harcourt. It will ease movement, promote trade, and boost our economy because agriculture is strong on this side. Moving goods to the city won’t be a problem anymore,” he said.
Governor Fubara reiterated his administration’s commitment to delivering quality infrastructure that provides value for public funds and meets the aspirations of Rivers people.
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