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Editorial

Against Immunity For Lawmakers

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Barely four years after Nigerian lawmakers, precisely members of the 8th National Assembly backtracked on efforts to secure immunity for presiding officers of the National Assembly and their state counterparts, as a result of public outcry, the 9th National Assembly is back with a move of same purpose.
This time, via a bill sponsored by the lawmaker representing Ogo-Oluwa/Surulere Federal Constituency of Oyo State in the Federal House of Representatives, Olusegun Odebunmi, titled, “Bill for an Act to Alter Section 308 of the Constitution of the Federal Republic of Nigeria, 1999 to Extend Immunity to Cover Presiding Officers of Legislative Institutions’, seeks to extend immunity to the four presiding officers of the National Assembly and those of the State Houses of Assembly.
Section 308 of the Constitution provides that, “notwithstanding anything to the contrary in this Constitution but subject to Sub-Section 2 of this Section (a) No Civil or Criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office; (b) A person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise and (c) No process of any court requiring or compelling the appearance of a person to whom this section applies shall be applied for or issued. Subsection 3 of the section spells out specifically the persons to whom the privilege of immunity from prosecution applies as the President, the Vice President, governors and deputy governors.
Already, the bill has passed for second reading on the floor of the House of Representatives. Interestingly, however, many lawmakers have voiced their opposition to the bill. Also, majority of Nigerians including civil rights groups have rejected the bill with many describing it as an attempt to indulge the lawmakers and shield them from answering any question generated by their actions, particularly that of corruption.
The Tide, therefore, joins other well-meaning opponents to the bill to say that such is not what Nigeria needs at this time of her national and democratic development. We say so because we are convinced that lawmakers in the country have all they need to legislate effectively for the general good of the people.
We recall that on January 27, 2018, President Muhammadu Buhari assented to the Legislative House Power and Privileges Act, which provides protection for decisions taken by members of parliament in the country. The law grants the Legislative Houses in the National Assembly and State Houses of Assembly immunity from litigation for actions taken in plenary or committee proceedings of the House or Committee.
Thus, we wonder what further immunity the lawmakers are looking for or what contributions additional immunity clauses would serve or add to the promotion of our democracy. Indeed, using the law to provide cover for official indiscretions, recklessness, abuse of power or office, impunity and outright criminality at any level is no longer fashionable.
We are not unaware of the real intentions of immunity privileges, especially, in a political climate fraught with political mischief makers and those with the penchant for ‘pull-him-down’ syndrome. But the privilege is open to abuses. Some of those currently enjoying it are not free from abusing it even to the extent of hiding behind it to escape repercussions for infringements on extent laws of the land. They often arrogate to themselves supernatural powers and see their opinions and wishes as superior, knowing that the law safeguards them.
We think that at a time other countries are trying to whittle down immunity provisions for political office holders so that they should be answerable to law and the people, Nigerian lawmakers should not try to expand the field. The fact that in spite of the amount of opposition that has greeted the bill at inception, the lawmakers still want to take it to public hearing where the outcome could be manipulated, shows that they are desperate to foist it on Nigerians.
This, we believe, is another attempt to ridicule the country and her democracy. It is a huge setback for the rule of law that the same privileged and powerful leaders of parliament that regularly make laws that consign ordinary, powerless Nigerians to prison for even trivial offences want to establish elite immunity to protect themselves from consequences for serious crimes of corruption and money laundering.
In fact, if allowed to stand, the much-vaunted fight against corruption by President Buhari’s administration would further lose credibility and moral ground to prosecute other Nigerians. This is because the bill would not only protect lawmakers from legal consequences for corruption and other foibles, it would exacerbate the immunity that prevails in Nigerian political circles and worsen the country’s ranking in world’s corruption perception index.
We think that the leadership of the House of Representatives should, without further delay, withdraw this obnoxious bill. Any contrary action would only go to prove the belief by many that Nigerian politicians, particularly lawmakers, are insensitive to the feelings of the people and mostly engage in self-serving trips rather than true and effective representation.
If it is difficult to strip those currently enjoying immunity of the privilege, attempts should not be made, at any quarters, to enlarge the field of immunity beneficiaries.

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Editorial

Another Look At Contributory Pension Scheme

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In a report from the National Pension Commission (PenCom), it was disclosed that only 26 states in Ni-
geria have implemented the Contributory Pension Scheme (CPS), two decades after the Pension Reform Act (PRA) 2004 was passed. The report highlights the inconsistent espousal of the CPS across states, with some states partially adopting the scheme, others not yet participating, and some facing challenges in getting the bill approved in their state legislative assemblies.
In 2012, the Rivers State Government, under the leadership of former Governor Chibuike Rotimi Amaechi, embarked on a critical initiative by enforcing the Contributory Pension Scheme. This strategic move aimed to establish a sustainable pension system by requiring contributions from both the employer and the employee. The arrangement was designed to ensure that employees have a secured and reliable source of income post-retirement, fostering financial security and stability for the workforce.
Following the introduction of the plan, the government adopted a three-year transition that aimed to fully implement the scheme by 2015. During this transition period, the authorities focused on educating both employers and employees about the benefits and responsibilities of the CPS. This included workshops, seminars, and public awareness campaigns to ensure that all stakeholders were well-informed about the scheme.
The creation of the CPS represents an important milestone in the ongoing efforts to overhaul and enhance the state’s pension system, aiming to establish a more robust and secure retirement savings framework for its workforce. The primary objectives of the CPS are to effectively tackle the inherent shortcomings of the former pension system, including limited coverage, insufficient benefits, and financial uncertainty. This strategic framework is designed to ensure that employees receive sustainable and dependable retirement benefits.
However, to ensure fairness and protect the rights of all workers, it is imperative that the effective date of the contributory pension law be prospective, applying only to workers hired in or after 2012. This would allow those employed before 2012 to continue to benefit from the provisions of theDefined Benefit Scheme (DBS), while ensuring that new hirees are subject to the updated pension provisions.
Unfortunately, the pension programme has experienced several challenges. Despite monthly deductions being taken from civil servants’ salaries for their counterpart funding, the government has not fulfilled its obligation to contribute its share. This has impeded the advancement of the scheme and has left many civil servants without sufficient pension arrangements upon retirement.
As a result, the state pension law has undergone multiple revisions to address the issue of retiring civil servants who ordinarily should be covered by the contributory scheme. The amendments have aimed to accommodate these individuals within the DBS which provides a guaranteed level of pension, based on years of service and salary grade level.
The inability of the contributory pension scheme to gain traction has sparked worries about the long-term viability of the state pension system. The absence of government contributions has resulted in a funding shortfall that jeopardises the government’s capacity to fulfil its pension commitments to employees in the future.
Even if the CPS was created to address the perceived shortcomings and lack of sufficient funding of the DBS by combining funds from employers and employees’ contributions to pension funds custodians, retirees under the scheme have not experienced better outcomes than those who retired under the DBS. On the contrary, the execution of the CPS is different from what its advocates led employees to expect.
The complaints regarding the implementation of the CPS are varied and concerning. Retirees are underpaid despite years of dedicated service, with some having served for the mandatory 35 years. Corruption is rampant within the system, and many state governments and employers are not complying with the provisions of the Reform Act, 2014. Labour leaders in the country have criticised the scheme as being anti-workers and retirees welfare. The Association of Senior Civil Servants of Nigeria (ASCSN) has even called for the scheme to be scrapped, labelling it as a “huge fraud.”
Similarly, we urge the Rivers State Governor, Siminalayi Fubara, to completely abolish the contributory pension scheme in the state, as it will not benefit civil servants. We are particularly concerned about the future of workers who will retire under this scheme, especially since the current legislation allowing for the Defined Benefit Scheme will be obsolete in June next year, when the contributory pension law will be effective.
Moreover, the state government is deducting and remitting workers’ contributions to the pension scheme, but failing to contribute their own counterpart funds as required by law. This action is a violation of the rights of contributors as outlined in section 4(1) of the Pension Reform Act 2014. According to this section, employers are mandated to contribute a minimum of 10 per cent of an employee’s monthly salary to their pension fund administrators. Employers are also required to deduct a minimum of eight per cent from the employee’s salary and remit it to the fund administrator.
A government that supports labour rights, like the current one, should not allow workers to suffer from a failed retirement scheme. Workers who are close to retirement age should not have to face unnecessary challenges. The failure of the scheme is evident from the number of agencies that have withdrawn from it. Therefore, it is important for the state leadership to revoke the legislation.
Unlike previous administrations that may have disregarded the experiences of workers in the state, the present government has consistently recognised and appreciated their contributions. The labour-friendly policies of this government have shown its dedication to the well-being of workers. However, the failed retirement scheme remains a critical issue that needs to be addressed.

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Editorial

Making Rivers Investment Destination

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Determined to make a difference in governance, Rivers State Governor, Sir Siminalayi Fubara, has signed an Executive Order aimed at the establishment of an investment agency. This initiative is poised to coordinate the growing number of enquiries and business interests expressed by local and foreign investors who now consider the state a destination of first choice. The Governor has endorsed Executive Order No. 002 of 2024, establishing the Rivers State Investment Promotion Agency (RIPA), presented by the Attorney General and Commissioner for Justice, Dagogo Israel Iboroma, SAN.
The Governor explained that what he had just done was to give force to one of the recommendations in the report submitted to him by the committee that handled the organisation of the Rivers State Economic and Investment Summit in May. He said it was undisputed that the summit served as a veritable platform to open up the state for economic advancement, adding that the Investment Promotion Agency would be a one-stop shop to handle all related activities seamlessly in the state.
Fubara said: “This will enable investors, when they come in; they won’t need to run around, and maybe, fall into wrong hands or associations that will want to rip them off their investment stakes. With this, they will have an agency that they could go to, liaise with and the agency will have the required answers to whatever it is that they will need to address concerns before it.”
It is common knowledge that Rivers State is rich in natural resources and has a thriving economy primarily driven by oil and gas. However, beyond these industries, there is an abundance of other untapped opportunities in agriculture, tourism, and technology. Yet, despite its wealth of resources, the state has faced numerous challenges such as infrastructural deficits, poor governance in the past, and an economy heavily reliant on oil. As a result, diversifying the economy has become obligatory.
This development is a significant step towards making Rivers State a premier investment destination, with the Agency expected to play a critical role in attracting and retaining businesses, creating jobs, and driving economic growth. Fubara’s action points to the fact that beyond organising the summit, his administration can live up to fulfilling its promise of making Rivers State great again, economically. Any wonder the Governor stated he was not going to end with the signing of the Executive Order alone but would drive it to a conclusive end to achieve the desired fulfilment that Rivers people expected.
The recent inauguration of RIPA’s board marks a watershed moment in the state’s economic trajectory. Fubara’s decision to set up the Agency reflects his administration’s commitment to reversing the economic decline that has plagued the state for years. By appointing a new board, the government aims to inject fresh ideas and perspectives into the establishment, promoting a culture of transparency, efficiency, and accountability.
Entrepreneurial drive is strong in our state, leading to the daily rise of small-scale enterprises and new entrepreneurs. In today’s world, aspiring business owners frequently face challenges like insufficient funding, limited access to information about available resources, bureaucratic obstacles, and a lack of supportive government policies. The current administration should acknowledge these challenges and be dedicated to stimulating a favourable investment climate.
While the Governor’s vision and the Agency’s efforts are critical, achieving sustainable economic transformation will require collective engagement from all stakeholders. The active participation of the community, local businesses, and civil society is essential for the realisation of these goals. Community involvement is pivotal in ensuring that the needs and aspirations of the populace are integrated into the economic policies and initiatives. Creating avenues for public participation not only empowers citizens but also nurtures a shared sense of responsibility towards the development of the state.
The role of the media cannot be understated in this collective effort. The media serves as a watchdog and an informer, ensuring that the government remains accountable and that citizens are aware of opportunities and challenges in the economic landscape. As with any ambitious vision, several challenges may impede the speed to economic transformation in the state. These challenges must be acknowledged and addressed to ensure that progress is sustainable. The government, alongside the Agency, must proactively identify the barriers and develop strategic solutions.
Corruption remains a vital hurdle in many sectors in Nigeria, and Rivers State is no exception. To combat this, the government must demonstrate unwavering commitment to transparency and accountability, ensuring that funds allocated for development are utilised effectively. Also, the state must prioritise infrastructure development, which is foundational to economic growth. By investing in modern infrastructure, the government can lay the groundwork for enhanced productivity and attract local and foreign investors, nourishing an environment conducive to economic development.
Fostering partnerships with international organisations and development agencies can provide valuable resources and expertise. Such partnerships can facilitate technology transfer, capacity building, and investment opportunities that enrich the local economy. Furthermore, the message of economic transformation must be communicated to all residents of the state. Building awareness and consensus around the vision for the state will galvanise support and encourage collective participation in the transformation endeavour.
Undeniably, Fubara’s leadership and vision have given Rivers people hope for a better economic future and his initiative has put the state on the path to realising its full potential. Its commitment to creating an investment-friendly environment is necessary to attract investors and stimulate economic growth. RIPA’s mandate to return Rivers State to its rightful place as an economically viable entity is a challenge that requires collective effort and support.

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Editorial

Checking Illegal Task Forces In Rivers

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The operations of illegal task forces in Port Harcourt, the Rivers State capital, have become a major source of concern for residents and motorists. The task forces, which are not sanctioned by the government, have been accused of indiscriminately arresting vehicle owners and impounding their vehicles on the pretext that they violated traffic rules.
They often target vehicles parked in unauthorised areas or those that are allegedly driven recklessly. However, there have been numerous reports of vehicles being impounded even when the owners have not committed any offence. In some cases, the task force members have been accused of using excessive force and intimidation to coerce motorists into making unauthorised payments.
The confiscated vehicles are usually taken to Rivers Marine Company situate at Marine Base, a defunct firm owned by the Rivers State Government. The vehicles are held there until the owners pay a ‘fine’ to the task force. The amounts charged vary depending on the type of vehicle and the alleged offence. Many residents have complained that the task forces are making it difficult for them to go about their daily lives. They have also been accused of extortion.
Curiously, the hoodlums have found a sinister alliance with corrupt elements within the police force. They operate under the guise of police authority, using the uniforms of law enforcement to lend legitimacy to their nefarious activities. This unholy alliance has created a dangerous situation, where criminals are able to hide behind the facade of respectability, while engaging in their criminal enterprises.
Police Commissioner Mustapha Bala bears a heavy responsibility to restore order and protect the people from these criminals. He must take immediate action to identify and remove the corrupt officers who are working in cahoots with the hoodlums. A thorough investigation is needed to expose the extent of this collaboration and bring the perpetrators to justice.
Governor Siminalayi Fubara, upon assuming office, declared the disbandment of all task forces in Rivers State. However, recent events have raised questions about the continued existence and operation of these task forces. Their reappearance has sparked confusion and concern among the people, who are wondering how these entities can continue to function despite the Governor’s directive.
Task force proliferation has been a persistent issue in Rivers State, with various administrations attempting to address their perceived inefficiencies and negative impacts. The reemergence of these groups after the Governor’s disbandment order raises questions about the state’s commitment to implementing its own policies.
The continued existence of task forces despite the Governor’s directive undermines the credibility of the government and raises concerns about the rule of law in Rivers State. The government must take a decisive action to address this issue and ensure the arrest and prosecution of the culprits. The public deserves an explanation for the reappearance of illegal task forces in different parts of Port Harcourt and assurances that their activities will be curbed.
Gangsters’ infestation of Rivers Marine Company and other government facilities has reached an alarming level, demanding immediate and decisive action. These criminal elements have audaciously exploited the spaces as their operational strongholds, creating a pervasive atmosphere. The situation has deteriorated to a point where the legitimate operations of state-owned facilities are severely compromised.
It is unconscionable that such a vital government asset as Rivers Marine Company has fallen prey to these nefarious actors. The Ministry of Transport, as the custodian of this facility, bears the primary responsibility for ensuring its integrity and security. The current state of affairs is a glaring indictment of the ministry’s failure. The continued presence of criminals within the premises sends a dangerous message as to how lawlessness could be tolerated.
Swift and decisive action is paramount to reclaim the facility. The Transport Ministry must prioritise their immediate dislodgement from the company and other affected areas. This may require the deployment of security measures, including surveillance, access controls, and the establishment of a dedicated task force to combat gang activity.
Residents of the state who are approached by individuals claiming to be part of a task force should exercise extreme caution. These individuals may use aggressive tactics or make false promises to coerce payment. It is essential to remain calm and refuse to engage with them. Instead, they should promptly contact law enforcement authorities by visiting the nearest police station or dialing emergency hotlines, providing detailed information about the incident.
Creating job possibilities for young people is vital for fostering productivity and reducing crime rates within the state. If provided with meaningful employment, our youths will gain a sense of purpose and financial stability, which can deter them from engaging in illegal activities. Employment empowers youths to contribute to their communities and develop valuable skills, enhancing their future prospects.
Job creation policies specifically tailored towards youth can effectively address the unique challenges they face, such as lack of experience and limited access to training. These programmes can offer apprenticeships, internships, and on-the-job training openings, allowing youths to gain practical skills while earning a wage.
Furthermore, job opportunities provide youths with a sense of belonging and responsibility. When they have a stake in their state, they are less likely to engage in destructive or antisocial behaviour. Employment also promotes social inclusion and integration, reducing the likelihood of marginalised youth turning to sundry crimes.

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