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SERAP, Others Sue Senate Over Plan To Spend N5.5bn On Cars

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The Socio-Economic Rights and Accountability Project (SERAP), BudgIT, Enough is Enough (EiE) and 6,721 concerned Nigerians have filed a lawsuit asking the Federal High Court to “restrain, prevent and stop the National Assembly Service Commission from paying or releasing the sum of N5.550billion budgeted for purchase of luxury cars for principal members of the Ninth Senate, and to restrain and stop the Senate from collecting the money until the downward review of the amount proposed by the Senate.”
SERAP, in suit number FHC/L/CS/1511/2019 filed last Friday at the Federal High Court, Ikoyi Lagos, the plaintiffs argued: “Spending a huge sum of N5.550billion to buy luxury cars for principal members of the Ninth Senate is unjust and unfair. It negates the constitutional oath of office made by members to perform their functions in the interest of the well-being and prosperity of Nigeria and its citizens, as contained in the Seventh Schedule of the 1999 Nigerian Constitution (as amended).”
The plaintiffs also argued: “The proposed spending by the Ninth Senate raises pertinent questions: What is the economic value and contribution of the vehicles sought to be purchased to the grand scheme of Nigeria’s economy? What are the parameters used to arrive at cost efficiency and value for money in the decision to purchase the vehicles? Where are the vehicles purchased by the Eighth Senate?”
The 6,721 concerned Nigerians who joined the suit as co-plaintiffs with SERAP, BudgIT and EiE include: Bring Back Our Girls (BBOG) co-conveners, Dr Oby Ezekwesili and Aisha Yesufu; Jibrin Ibrahim; Edetaen Ojo; Abiola Akiyode-Afolabi, and Deji Adeyanju.
The plaintiffs argued: “The failure or refusal by the Senate to comply with legal and constitutional provisions is nothing but an act of arbitrariness. The money could be better allocated to more important sectors of the National Assembly expenditure – like constituency projects and National Assembly-endowed educational scholarships.”
The suit, filed by Kolawole Oluwadare and supported by an affidavit of urgency, read in part: “A public officer shall not put himself in a position where his personal interest conflicts with his official duties. But the plan to spend N5.550billion to buy vehicles for principal members of the Senate is a textbook case of a conflict of their personal interests with national interest of fiscal efficiency – a conflict eventually resolved in favour of personal and self-interest.
“Members of the National Assembly as public officials form a very tiny percentage of about 200 million Nigerians. It is public knowledge and judicially noticed that members of the Senate are still eligible to collect huge sums of money as monthly allowances and severance pay on conclusion of their respective terms at the National Assembly.
“It is thus rational that this matter is presently generating a lot of public concern and many Nigerians are now calling for a review of the sum proposed and budgeted for vehicles for members. In the face of glaring facts about Nigeria’s dire economic position vis-a-vis the scant allocations to critical sectors of the nation, we can only pray the court to do substantive justice by granting our reliefs sought.”
“There is real urgent need to assign, hear and determine this matter expeditiously. The well-being and prosperity of Nigeria requires commitment and sacrifice by all and sundry. However, the plan to spend N5.550billion [amounting to 6.4 per cent of Nasarawa State budget] is anything but a commitment to pursue the interest, well-being and prosperity of Nigeria and its citizens.
“We urge the court to grant the plaintiffs’ reliefs by stopping the spending of N5.550billion on luxury cars by the Senate and compelling the Senate to undertake a downward review of the sum proposed and budgeted, consistent with the provisions of section 57 (4) of the Public Procurement Act 2007. Unless the reliefs sought are granted, the Senate will continue to benefit from the breach of the law, and at the expense of millions of Nigerians living in poverty.”
The plaintiffs want the court to determine: “Whether the plan to spend N5.550billion to buy vehicles for principal members of the ninth Senate is not in breach of Section 57(4) of the Public Procurement Act 2007, Paragraph 1 of Code of Conduct for Public Officers (Fifth Schedule Part 1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Oath of office (Seventh Schedule) of the Constitution of the Federal Republic of Nigeria 1999”.
The plaintiffs therefore are seeking the following reliefs from the court: A Declaration that the sum of N5.550billion proposed and budgeted for purchase of vehicles for principal members of Senate (National Assembly) is in breach of Section 57(4) of the Public Procurement Act 2007, Paragraph 1, Code of Conduct for Public Officers (Fifth Schedule Part 1) of the Constitution of the Federal Republic of Nigeria 1999 and Oath of Office (Seventh Schedule) of the Constitution of the Federal Republic of Nigeria 1999.

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Bonny-Bodo Road: FG Offers Additional N20bn, Targets December Deadline

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The Federal Government has agreed to offer additional N20.5 billion for the completion of the Bonny-Bodo road project in December.
The government, however, said if the construction company, Julius Berger, was not ready to accept the offer, the contract will be terminated.
Minister of Works, David Umahi, said this during a meeting with the Managing Director of Julius Berger, Lars Ritcher and members of Bodo-Bonny Road Peace Committee, on Wednesday in Abuja.
The reports that Julius Berger had requested asking for a N28 billion variation on the 82 per cent completed project.
The company hinged its request on the rise in exchange rate, construction materials, and diesel among others.
Umahi, however, said the government was willing to provide N20 billion out of the N28 billion that Julius Berger requested for.
According to him, the Bonny-Bodo road contract which was initially awarded at the cost of N120 billion in 2015, was later varied at N199 billion with a completion dateline of December 2023, which has since elapsed.
The Tide’s source recalls that in 2017, an agreement between the Federal Government, Nigeria Liquefied Natural Gas (NLNG) and Julus Berger on modalities for funding the project cost of N199.923 billion, without any further increase.
“If you do not accept the Federal Government’s offer by Friday and resume work on the site, the previously expired 14-day ultimatum for termination of project will be enforced.
“I want to let you know that we are the client. No contractor will dictate for this ministry, and there is no job that is compulsory that a particular contractor must do.
“We give you an offer. If you do not like the offer, you walk away. You don’t force us or we don’t force you.
“Agreement of contractual relationship is a mutual understanding,’’ the minister said.
Umahi said that had Julius Berger adhered to the project timetable, the project would have been completed on schedule before the impact of foreign exchange.
“Our position is very simple, we reject the conditions of Julius Berger totally and we ask Berger to please go back to the site to complete the project based on our offer.
“Our offer is unconditional and we say, accept or reject, so you cannot subject our offer to your conditions ,’’ he added
Umahi said the company should be humble in its dealings and exhibit solidarity during challenges.
Earlier, Richter had explained that the company suspended work on the site to seek some clarifications from the ministry.
According to him, the company asked for the augmemtation of N28 bilion because as at the time the contract was awarded the exchange rate was N305 to a dollar and diesel was N350 eor litre.
“We will still require some outstanding materials; that means that the initial agreement can’t fly because the variation of project is not sufficient and the exchange rate is also not in our favour to compensate the additional costs.
“That is why we decided to go back to our original proposal of the augmentation. Augmentation is a very normal process for all contracts,” the managing director said.
Chief Abel Attoni, Palace Secretary, Bonny Kingdom, expressed gratitude to President Bola Ahmed Tinubu over the decision to complete the Bodo-Bonny road project.
Attonu urged the parties to be patriotic and make the necessary sacrifice for the actualisation of the project.

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Court Vacates Arrest Warrant Against Ehie, Five Others

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The Federal High Court, sitting in Abuja, yesterday, set aside the warrant of arrest against Rt. Hon. Edison Ehie, the Chief of Staff, Government House, Rivers State, and five others.
Justice Emeka Nwite stated this while delivering his ruling in an application seeking to vacate the warrant of arrest which he issued on January 31, 2024.
The Judge said he was misled by the police in ordering the arrest of Ehie in connection with the burning of the Rivers State House of Assembly on October 30, 2023.
The Police, had told the court that Ehie and five others masterminded the bombing of the Rivers State House of Assembly amid a plot to impeach Rivers State Governor, Siminalayi Fubara.
The five others are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, alias Rambo.
Justice Emeka Nwite while setting aside the warrant said it has now become a mere academic exercise.
The judge further granted same to the 2nd to 5th Defendant/Applicant in same suit.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.

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13 Students Bag First Class, 182 PhD As IAUOE Graduates 5,550, Today

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The authorities of Ignatius Ajuru University of Education (IAUOE), Rumuolumeni, in Rivers State, have stated that 13 students will be graduating with first class while 182 graduands will bag Ph.D during the 42nd convocation ceremony of the university billed to hold today and tomorrow.
The Acting Vice Chancellor of the University, Prof. Okechuku Onuchuku, disclosed this during pre-convocation press briefing held in his office, yesterday, to unveil the programme for the convocation ceremony.
Onuchuku said that the 13 students were among the 4,653 graduands expected to graduate for the 2022/2023 academic session with first degree, while 897 students will be graduating with postgraduate degrees.
The Acting Vice Chancellor while giving the breakdown stated that 13 students made first class, 890 students bagged second class upper while 2,739 students had second class lower for first degree.
He further stated that 182 graduands bagged PhD, 667 got master’s degree and 48 got postgraduate diploma, adding that the convocation ceremony will hold today and tomorrow for first degree graduands and postgraduate graduands respectively.
He said that a total of 47 programmes out of the 54 programmes being undertaken at the first degree levels had been given full accreditation by the National University Commission (NUC) as well as all the programmes at the postgraduate school.
“We have ensured that our programmes both at the first degree and post graduates are in line with the NUC stipulated guidelines and speculations. We have also ensured that we are in line with both our academic and administrative policies,” he said.
Prof. Okechukwu urged the graduating students of the institution to always remember to use thier positions to help their alma mater as well as project the institution in a good image in the larger society.
“Try to ensure you finish any project you want to do, evaluate it first and avoid unfinished or abandoned projects. We will be graduating first degree graduands on Friday while Saturday will be for postgraduates, “he added.
Prof. Onuchukwu also said his administration had achieved a lot since he assumed office as Acting Vice Chancellor, stressing that his administration had improved on the welfare of the staff and the students.
“There are a lot of projects completed in the school; we have also given scholarship to some students and also encouraged departments to do same. We also impacted positively on our host communities”, he said.

Akujobi Amadi

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