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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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Fubara Dissolves Rivers Executive Council

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Rivers State Governor, Sir Siminialayi Fubara, has dissolved the State Executive Council.

The governor announced the cabinet dissolution yesterday in a statement titled ‘Government Special Announcement’, signed by his new Chief Press Secretary, Onwuka Nzeshi.

Governor Fubara directed all Commissioners and Special Advisers to hand over to the Permanent Secretaries or the most Senior officers in their Ministries with immediate effect.

He thanked the outgoing members of the State Executive Council for their service and wished them the best in their future endeavours.

The three-paragraph special announcement read, “His Excellency, Sir Siminalayi Fubara, GSSRS, Governor of Rivers State, has dissolved the State Executive Council.

“His Excellency, the Governor, has therefore directed all Commissioners and Special Advisers to hand over to the Permanent Secretaries or  the most Senior officers in their Ministries with immediate effect.

“His Excellency further expresses his deepest appreciation to the outgoing members of the Executive Council wishing them the best in their future endeavours.”

 

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INEC Proposes N873.78bn For 2027 Elections, N171bn For 2026 Operations

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The Independent National Electoral Commission (INEC) yesterday told the National Assembly that it requires N873.78bn to conduct the 2027 general elections, even as it seeks N171bn to fund its operations in the 2026 fiscal year.

INEC Chairman, Prof Joash Amupitan, made the disclosure while presenting the commission’s 2026 budget proposal and the projected cost for the 2027 general elections before the National Assembly Joint Committee on Electoral Matters in Abuja.

According to Amupitan, the N873.78bn election budget covers the full conduct of national polls in 2027.

An additional N171bn is needed to support INEC’s routine activities in 2026, including bye-elections and off-season elections, the commission stated.

The INEC boss said the proposed election budget does not include a fresh request from the National Youth Service Corps seeking increased allowances for corps members engaged as ad-hoc staff during elections.

He explained that, although the details of specific line items were not exhaustively presented, the almost N1tn election budget is structured across five major components.

“N379.75bn is for operational costs, N92.32bn for administrative costs, N209.21bn for technological costs, N154.91bn for election capital costs and N42.61bn for miscellaneous expenses,” Amupitan said.

The INEC chief noted that the budget was prepared “in line with Section 3(3) of the Electoral Act 2022, which mandates the Commission to prepare its election budget at least one year before the general election.”

On the 2026 fiscal year, Amupitan disclosed that the Ministry of Finance provided an envelope of N140bn, stressing, however, that “INEC is proposing a total expenditure of N171bn.”

The breakdown includes N109bn for personnel costs, N18.7bn for overheads, N42.63bn for election-related activities and N1.4bn for capital expenditure.

He argued that the envelope budgeting system is not suitable for the Commission’s operations, noting that INEC’s activities often require urgent and flexible funding.

Amupitan also identified the lack of a dedicated communications network as a major operational challenge, adding that if the commission develops its own network infrastructure, Nigerians would be in a better position to hold it accountable for any technical glitches.

Speaking at the session, Senator Adams Oshiomhole (APC, Edo North) said external agencies should not dictate the budgeting framework for INEC, given the unique and sensitive nature of its mandate.

He advocated that the envelope budgeting model should be set aside.

He urged the National Assembly to work with INEC’s financial proposal to avoid future instances of possible underfunding.

In the same vein, a member of the House of Representatives from Edo State, Billy Osawaru, called for INEC’s budget to be placed on first-line charge as provided in the Constitution, with funds released in full and on time to enable the Commission to plan early enough for the 2027 general election.

The Joint Committee approved a motion recommending the one-time release of the Commission’s annual budget.

The committee also said it would consider the NYSC’s request for about N32bn to increase allowances for corps members to N125,000 each when engaged for election duties.

The Chairman of the Senate Committee on INEC, Senator Simon Along, assured that the National Assembly would work closely with the Commission to ensure it receives the necessary support for the successful conduct of the 2027 general elections.

Similarly, the Chairman of the House Committee on Electoral Matters, Bayo Balogun, also pledged legislative support, warning INEC to be careful about promises it might be unable to keep.

He recalled that during the 2023 general election, INEC made strong assurances about uploading results to the INEC Result Viewing portal, creating the impression that results could be monitored in real time.

“iREV was not even in the Electoral Act; it was only in INEC regulations. So, be careful how you make promises,” Balogun warned.

The N873.78bn proposed by INEC for next year’s general election is a significant increase from the N313.4bn released to the Commission by the Federal Government for the conduct of the 2023 general election.

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Tinubu Mourns Literary Icon, Biodun Jeyifo

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President Bola Tinubu yesterday expressed grief over the death of a former President of the Academic Staff Union of Universities and one of Africa’s foremost literary scholars, Professor Emeritus Biodun Jeyifo.

Jeyifo passed away on Wednesday, drawing tributes from across Nigeria and the global academic community.

In a condolence message to the family, friends, and associates of the late scholar, Tinubu in a statement by his spokesperson, Bayo Onanuga,  described Jeyifo as a towering intellectual whose contributions to African literature, postcolonial studies, and cultural theory left an enduring legacy.

He noted that the late professor would be sorely missed for his incisive criticism and masterful interpretations of the works of Nobel laureate, Professor Wole Soyinka.

The President also recalled Jeyifo’s leadership of ASUU, praising the temperance, foresight, and wisdom he brought to the union over the years.

Tinubu said Jeyifo played a key role in shaping negotiation frameworks with the government aimed at improving working conditions for university staff and enhancing the learning environment in Nigerian universities.

According to the President, Professor Jeyifo’s longstanding advocacy for academic freedom and social justice will continue to inspire generations.

He added that the late scholar’s influence extended beyond academia into political and cultural journalism, where he served as a mentor to numerous scholars, writers, and activists.

Tinubu condoled with ASUU, the Nigerian Academy of Letters, the Wole Soyinka Centre for Investigative Journalism, the University of Ibadan, Obafemi Awolowo University, Oberlin University, Cornell University, and Harvard University—institutions where Jeyifo studied, taught, or made significant scholarly contributions.

“Nigeria and the global academic community have lost a towering figure and outstanding global citizen,” the President said.

“Professor Biodun Jeyifo was an intellectual giant who dedicated his entire life to knowledge production and the promotion of human dignity. I share a strong personal relationship with him. His contributions to literary and cultural advancement and to society at large will be missed.”

Jeyifo was widely regarded as one of Africa’s most influential literary critics and public intellectuals. Among several honours, he received the prestigious W.E.B. Du Bois Medal in 2019.

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