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Life Pension: SERAP Sues 36 Govs For Failing To Fund Poor Children’s Education

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Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the 36 state governors “Over their failure to redirect public funds budgeted to pay ex-governors undeserved life pensions, to pay the counterpart funds that would allow poor children to enjoy access to quality basic education in their states.”
Over N40billion has been reportedly paid to 47 former governors from 21 of the 36 states in pensions and provision of houses, staff, and motor vehicles replaceable between three and four years.
However, several states have reportedly failed to pay the counterpart funds to access over N51billion matching grants earmarked by the Universal Basic Education Commission (UBEC) for basic education in the country.
In suit number FHC/L/CS/1120/2022 filed, last week, at the Federal High Court, Lagos, SERAP is seeking “An order of mandamus to direct and compel the 36 state governors to pay the counterpart funds that would allow poor Nigerian children to enjoy access to quality basic education in their respective states.”
SERAP is also seeking “An order of mandamus to direct and compel the 36 state governors to put in place mechanisms for transparency and accountability in the spending of any accessed matching grants from UBEC.”
SERAP is arguing that “State governors are paying former governors in their states billions of naira in life pensions and other retirement benefits while failing to invest in education and pay funds that would allow poor Nigerian children within their states to enjoy access to quality education.”
According to SERAP, “Paying the counterpart funds for basic education in several states would be a major step forward for children’s rights, and ensure the rights and well-being of all children, regardless of their socio-economic backgrounds.”
SERAP is arguing that “The report by UBEC that several states have failed to access N51.6billion of matching grants suggests that these states are doing very little for poor children. It also explains why the number of out-of-school children in the country has continued to rise. The number is currently over 13million.”
SERAP is also arguing that “States’ dereliction in paying counterpart funds is antithetical to the Nigerian Constitution 1999 (as amended), the Compulsory, Free Universal Basic Education Act, and the country’s international human rights obligations.”
SERAP is also arguing that “The persistent failure to pay counterpart funds has hugely contributed to denying poor Nigerian children access to quality basic education, opportunities, and development.”
Joined in the suit as Respondents are the Universal Basic Education Commission (UBEC) and the Minister of the Federal Capital Territory.
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare; and Opeyemi Owolabi; read in part: “Rather than spending public funds to pay ex-governors undeserved pensions and other retirement benefits, governors should prioritise investment in education by paying up any outstanding counterpart funds to UBEC.
“Redirecting public funds budgeted for life pensions for former governors to fund education would be entirely consistent with the constitutional oath of office, and the letter and spirit of the Nigerian Constitution, as it would promote efficient, honest, and legal spending of public money.
“Continuing to spend scarce public funds on these expenses would deny poor Nigerian children access to quality, compulsory and free basic education in several states, and burden the next generation.
“States should prioritise paying their counterpart funds over and above spending on life pensions and other misallocations of scarce resources.
“According to the United Nations Children’s Fund (UNICEF), one in three children do not complete primary school in several states. 27.2percent of children between six and 11 years do not attend school. Only 35.6percent of children aged three–five months attend pre-school.
“Basic education in several states has continued to experience a steady decline. The quality of education offered is low and standards have continued to drop.
“The learning environment does not promote effective learning. School facilities are in a state of extreme disrepair, requiring major rehabilitation. Basic teaching and learning resources are generally not available, leaving many teachers profoundly demoralised.
“This situation is patently contrary to Section 18 of the Constitution of Nigeria 1999 (as amended); and Sections 2(1) and 11(2) of the Compulsory, Free Universal Basic Education Act.
“States are required to progressively implement socio-economic rights, including the right to quality education commensurate with the level of resources available. Gross misallocation of resources to the detriment of the enjoyment of the right to quality education constitutes a human rights violation.”
No date has been fixed for hearing of the suit.

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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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