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Lopsided Appointments: NASS Gets 30 Days To Respond To Suit Against Buhari
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.
Bishops of the Catholic Archdiocese of Abuja have pledged to work with relevant stakeholders to ensure free, credible and transparent general elections in 2023.
The commitment is contained in a communiqué jointly signed by Most Rev. Ignatius Kaigama, the Archbishop of Abuja and Very Rev. Fr. Sam Tumba, after the 3rd General assembly of the Archdiocese.
In the communique issued on Saturday in Abuja, the bishops enjoined Parishes, families, Church societies and groups to dedicate special moments to pray for a hitch-free election.
“We call on Catholics and indeed all Nigerian citizens to be consciously and actively involved in the electoral processes at all levels.
“Voter registration, collection of Permanent Voters Card, casting votes on election days with a firm and clear conscience to elect credible leaders who will bring about the true dividends of democracy”, they said.
The bishops commended President Muhammadu Buhari for signing the Electoral Act into law to enhance the sanctity of the electoral process.
“We task the Independent National Electoral Commission to ensure political fairness and transparency, to consolidate the trust reposed in them by Nigerians.
“Parishes and Catholic institutions within our Archdiocese are encouraged to arrange and organize voter awareness programmes, seminars and workshops guided by the Justice, Development and Peace Commission, to better equip our people for greater political responsibility.
“We remain open and willing to collaborate with relevant government agencies, electoral bodies and security operatives to ensure peaceful and credible election processes in the coming year,” the communique added.
The bishops cautioned politicians not to regard the election as a ‘do or die’ affair, adding that they must also refrain from money politics, manipulative and divisive practices along ethnic, social and religious lines to win elections.
“Even though we decry the hard economic situations in the nation, we strongly discourage all Catholics and especially our youths from lending themselves as easy recruits for political thuggery and other criminal activities to enthrone selfish and incompetent aspirants into electoral offices.
“We discourage and condemn any form of vote buying or selling and other electoral malpractices during the elections,” the bishops said.
The bishops advised catholic politicians from all political parties within the Archdiocese to participate in Church activities, so as to be better known by the faithful.
They called on all people of goodwill to cooperate with security agencies to root out criminal elements within communities.
The bishops, however, urged security agents to remain professional in discharging their duties and resist any attempt to be used to intimidate the people by corrupt politicians.
The communique called on Catholics across the country to match work with prayer, for peaceful electioneering process.
They called for sustained prayers for the country, adding: “Nigerians should take courage and be of ardent hope, for the storms will soon be over.”
The Rivers State Chief Executive, Chief Nyesom Wike, has urged Nigerians to take the upcoming 2023 General Election seriously by securing their Permanent Voter’s Cards (PVCs) and using it wisely and prayerfully.
Wike stated this during the Inter-Denominational Church Service in commemoration of the 62nd Independence Day Anniversary of Nigeria, at St. Paul’s Cathedral Church, Diobu in Port Harcourt, yesterday.
Represented by his Deputy, Dr. Ipalibo Harry Banigo, the governor said he believes God would use the 2023 elections to grant the pleas of Nigerians for a rebirth of a new nation.
“Nigeria must rise again, it must fulfil its divine purpose for which God has put it together, Nigeria has a prophetic agenda, whether the devil likes it or not. We must have the confidence that our votes will count and that we will use our votes to bring in the leaders after the heart of God”, the governor said.
Wike said under his watch, the state government has been resolute and consistent in providing the dividends of democracy to the people living and doing business in the state.
“We have seen it, in the massive improvement in security.We have seen it in social and physical infrastructure.What will you say, when public tertiary institutions have been on strike for the past seven months, and some of the students are being killed, some are roaming about, some are going into crime, while others are abusing drugs and going mental, but in Rivers State, all the state institutions are functioning none-stop, and salaries are paid as at when due and lecturers are teaching the way they should”, Wike further stressed.
The state chief executive expressed gratitude to the Almighty God for the 62nd Independence anniversary of the country and for keeping the nation as one in spite of all the security and economic challenges, adding that “God in His infinite mercy has kept us together as a people, what seems impossible with men, is possible with God”.
In his sermon drawn from Matthew Chapter 7: 7-12, Bishop Diocese of Niger Delta North,St. Paul’s Cathedral Church, Diobu, Port Harcourt, Rt. Rev. Wisdom Ihunwo, said “if Nigeria must go forward, we must obey the golden rule”.
He said,”We must not give up on Nigeria; no matter the challenges, God would make the nation great again, but it behooves on us to pray and do the right things at all times”.
A schedule of activities released by the state government shows that on Friday, September 30, 2022, a Jumma’at Prayer would be held at the JIBWIS Directorate Headquarters, Central Mosque, 36 Bonny Street, Port Harcourt Township, at 1:00pm.
According to the programme, signed by the Permanent Secretary, Special Services Bureau, Office of the Secretary to the State Government, Sir George Nwaeke, the grand finale would hold on Saturday, October 1, 2022, with a parade ceremony/march-past at Sharks Football Stadium, Port Harcourt by 10:00am.
The statement said that the state Governor, Chief NyesomWike, would preside over the activities at the grand finale on Saturday.
President Muhammadu Buhari has restated the commitment of his administration to the achievement of inclusive, broad-based and sustainable development.
The President spoke while delivering his keynote address at strategic High Level Event held on the sidelines of the 77th session of United Nations General Assembly in New York to launch Nigeria’s Integrated National Financing Framework (INFF) for Sustainable Development.
The President noted that Nigeria adopted the INFF as a tool to improve the financing of SDGs without increasing public debt and contingent liabilities to levels that will be detrimental to economic sustainability.
He commended the Federal Ministry of Finance, Budget and National Planning; the Office of the Senior Special Assistant to the President on Sustainable Development Goals; and the United Nation Development Programme for working together to develop Nigeria’s INFF in a process which started in 2020.
“Today’s event marks the end of a long process which began in 2020, when the Steering Committee and the Core Working Group on Nigeria’s Integrated National Financing Framework were inaugurated.
“The Integrated National Financing Framework (INFF) has been developed to map out a much-needed sustainable financing plan for Nigeria to deliver on our commitment to the SDGs and our National Development aspirations,” the President said.
He further noted that as part of its commitment to sustainable and inclusive development, his administration aligned its 2017-2020 Economic Recovery and Growth Plan (ERGP); the 2020 Economic Sustainability Plan (ESP); the 2021 National Poverty Reduction with Growth Strategy (NPRGS); and the 2021-2025 National Development Plan (NDP) with the SDGs.
“It is in line with this commitment and with a focus on the National Development Plan (2021-2025) that, the Federal Government of Nigeria, with the support of the United Nations Development Programme (UNDP), has adopted the INFF as a tool to improve SDGs financing without increasing public debt and contingent liabilities to levels that will be detrimental to economic sustainability.
“The INFF is backed by Nigeria’s Medium-Term Revenue Strategy and the Medium-Term Expenditure Framework. As Nigeria champions the INFF process, we hope to promote the strategic alignment of financial policies with sustainable development and provide the enabling conditions for domestic and international, public, and private financial actors to best respond to our national needs.
“I urge all Nigerians, the international community, and our development partners to recognize the importance of this integrated approach to financing development, as you continue to count on my leadership in its immediate implementation,” the President said.
Speaking earlier, the Senior Special Assistant to the President on SDGs,Princess AdejokeOrelope-Adefulire, described the launch of the INFF report as a significant milestone in the commitment and efforts to achieve the SDGs in Nigeria.
She noted that the INFF is in line with Nigeria’s strategic approach to the implementation of the SDGs working at the National and Sub-national levels.
“At the National level, we work closely with the Federal Ministries, Departments, and Agencies (MDAs) to integrate the SDGs into their sectorial policies and plans. At the Sub-national level, we are working closely with the 36 states and the Federal Capital Territory (FCT) to mainstream the SDGs into their medium and long-term development policies and plans”.
She noted that her office, with the support of UNDP, has supported 16 states to develop SDG-Based Development Plans as part of Nigeria’s Mainstreaming, Acceleration and Policy Support (MAPS) for the agenda.
The INFF report, she added, was also another feat recorded by the country in the bid to institutionalize the SDGs, noting Nigeria was the first country in the Global South to have successfully completed a country-led Independent Evaluation of SDG-3 on ‘quality health and well-being for all’ and SDG-4 on ‘qualitative and inclusive education and lifelong learning for all’.
The two reports, she said, were officially launched on the 25th of August, 2022.
The presidential adviser noted that on the 21st of December, 2021, Nigeria became the first African country to successfully realigned its National Statistical System with the requirements and indicators of the SDGs, hence the country will be now be able to track progress on the 230 Key Performance Indicators of the agenda on annual basis through the National Bureau of Statistics.
Orelope-Adefulire further noted that in 2019, Nigeria successfully domesticated the Integrated Sustainable Development Goals Simulation Model (iSDG Model) as a home-grown analytical tool for evidence-based SDGs policymaking and planning with the report launched on the margins of the 74th Session of the United Nations General Assembly by the President.
“The Integrated National Financing Framework (INFF) Report we are about to launch today is a product of series of efforts led by the Federal Ministry of Finance, Budget and National Planning; Office of the Senior Special Assistant to the President on SDGs; and the United Nations Development Programme (UNDP).
“Nigeria is now among the INFF Pilot Countries that have made significant progress by completing the design process. Indeed, this is an expression of Nigeria’s commitment to the 2030 Agenda for sustainable development.
She expressed appreciation and profound gratitude to the President for accepting to launch the report as well as all the Institutional Members of the National Steering Committee and the Core Working Group on Nigeria’s INFF for the commitment demonstrated during the design phase.
“We look forward to similar commitment during the implementation phase,” Orelope –Adefulire said while affirming the commitment of her office to continue to drive the process of achieving the SDGs in Nigeria.
“I would like to conclude by re-affirming Nigeria’s commitment to the successful implementation of the SDGs. We look forward to working more closely with you all in this ‘Decade of Action’ for the Global Goals, so that no ‘One is left behind’.”
In his remark, Head/Sustainable Development, Minister Counsellor, Delegation of the European Union (EU) to the UN, Axel Maisonneuve, said EU had also support the mobilisation of capital for an inclusive and sustainable transition, which is at the heart of an INFF, in several ways.
“For instance, we know that whilst public finance of course has a key role to play, it will not be sufficient to bridge the SDG financing gap, and private finance needs to be mobilised as well.
“In the EU, we believe in fact that sustainable finance is critical to enable private financial flows being channelled towards sustainable investments.
“The EU’s Green Deal and the Global Gateway strategies are some of the key examples of the EU efforts in this direction. Indeed, sustainable finance is part and parcel of an INFF,’’ he said.
According to him, private finance is very much part of Nigeria’s Integrated National Financing Framework.
Maisonneuve said the INFF was designed to help the Nigerian government explore innovative financing options linking government with private sector and development partners to increase public revenue and private investments.
“Let me take this opportunity to praise Nigeria for the efforts undertaken toward the achievement of the 2030 agenda and the SDGs and for the key milestone that you have achieved.
“In September 2019, 16 countries committed to pioneer the development and implementation of INFFs, and Nigeria was among them.
“Now, Nigeria has successfully designed its INFF Strategy, and is offering a leading example for INFF progress toward a more systematic, holistic approach to achieve sustainable development objectives,’’ he said.
Goodwill messages were delivered by the Minister of Finance, Budget and National Planning, Mrs Zainab Shamsuna Ahmed, Deputy Secretary General of the United Nations, Amina J. Mohammed, and development partners.
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