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Constitutional Review: Lawan Solicits Role For Monarchs In Governance

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President of the Senate, Dr Ahmad Lawan, has identified the exclusion of the traditional rulers in governance and security architecture of the nation as one loophole in the 1999 Constitution which had largely aided the growth in Nigeria’s security challenges.

In same vein the National Council of Traditional Rulers in Nigeria (NCTRN) have described the neglect of the traditional rulers in governance as a disrespect to the nations roots capable of creating dangerous gaps, misunderstandings and avoidable conflicts between the grassroots and the government.

Lawan made the disclosure, yesterday, in his speech as he declared open a meeting between the Constitution Review Committee of the Senate chaired by the Deputy President of the Senate, Senator Ovie Omo-Agege-led and the National Council of Traditional Rulers in Abuja.

The Senate President, in his remarks, called for roles for traditional rulers in the Constitution linked to specific functions for them in guaranteeing the safety of lives and properties within their various jurisdictions.

According to Lawan, the worsening activities of insurgents, bandits and criminals have placed Nigeria in a dire situation that demands an urgent review of the 1999 Constitution along the lines of reorganizing the structure of governance to give specific roles to traditional rulers in various communities, as well as the incorporation of traditional institutions as part of the security architecture of the country.

Lawan said, “I’m here to show the commitment of the National Assembly in its entirety, to listening and supporting our royal fathers on the Constitutional Review currently going on, and in what many of us believe that is the right thing; that we have our royal fathers properly and formally given some roles in the governance structure or the administration of our country.

“The pre-colonial, colonial and post-colonial history of our royal fathers gives us indication of how important our traditional institution was in those days.

“In fact, at the risk of going into some avoidable history, in 1947 the British created a single traditional institution for the Tivs by creating the title of Tor Tiv. This was because they knew that the traditional institutions were playing very critical and crucial roles in running the affairs of those they governed.

“Probably, the 1979 Constitution had envisaged specific functions for the traditional institutions, but I think we missed it after that, and maybe the 1999 Constitution did not take account of certain things that could have been helpful.

“Maybe before the 1976 local government reforms, the traditional institutions might have played some roles in ensuring that our communities were secured and safe.

“So, what do we need to do to bring our country into a safer climate and more secured life for our people and their property?

“I believe that we need to take a holistic assessment of our situation. Every community, every people makes law for itself to specifically deal with some challenges, and you don’t have to copy what works elsewhere, because your history may be different. So, we have a very peculiar history when it comes to our traditional institutions playing some roles in the affairs of our people.

“This is an opportunity for our traditional institutions to ask for specific roles, but our desire as a National Assembly is to undertake this Constitutional Review because it is part of a very important legislative agenda, and also our desire to continuously work as a Legislature with the Executive arm of government to create a safer and more secured Nigeria.

The Senate President noted that the current security architecture should not be limited to the armed forces, police and other paramilitary organizations alone.

“If our traditional institutions would be part of our security architecture, so be it. Actually, what we need is to secure the lives and properties of our people. How do we achieve that? This is where the meeting of today, between our Constitution Review Committee headed by the Deputy President of the Senate, and the National Council of Traditional Rulers would be very critical”, Lawan said.

Presenting a memorandum  of the  National Council of Traditional Rulers of Nigeria signed by the Chairman and the Sultan of Sokoto, Alhaji Muhammad Sa’ad Abubakar; and the Co-Chair and the Ooni of Ife, Oba Adeyeye Enitan Ogunwusi, to the Constitution Review Committee, the Etsu Nupe, Alhaji Yahaya Abubakar, recalled that the Nigerian First Republic Regional Governments had bi-cameral Legislative arrangement with the Houses of Chiefs serving as the Upper chambers to those of the elected Houses of Assemblies.

“The society was at that time progressive, peaceful, decent and full of beautiful traditions and cultures. Lives and properties were sacrosanct and accountability and honesty were the hallmarks of the traditional local Administrations,” he said.

According to him, “General Ironsi 1966 Unitary Government Decree, General Gowon’s and General Obasanjo’s 1967 and 1976 Local Government Reform Decrees, respectively  stripped traditional rules of their powers and gave same to the local government council thereby giving birth to the present insecurity and corruption, constitutionally and protocol wise, traditional rulers are relegated to the background.”

The Etsu Nupe lamented that under the present arrangement, “Traditional Rulers do not have the constitutional or other legal backing to perform effectively as they are not even mentioned in the 1999 Constitution.”

“This is a great departure from all earlier Constitutions that recognised them and even gave them some functions to perform.

“Indeed, all the Nigerian earlier Constitutions gave the chairmen of the States Councils of Chiefs seats in the National Council of State alongside former Presidents, Chief Justices, etc. For example, this is clearly provided for under Section 140 (l) and under Part 1 of the Third Schedule of the 1979 Constitution,” he added.

The traditional ruler, however, emphasized that “no community or nation would thrive successfully without due consideration of its historical evolution, customs, values and beliefs”, adding that, “the Nigerian Nation evolved from the amalgamation of several empires, kingdoms, caliphates, chiefdoms and autonomous communities.”

“Undermining the traditional institution through unsavoury politically motivated actions will reduce the respect accorded it by the citizenry.

“This will translate into its ineffectiveness in performing its roles. It will also affect its capacity to mobilize the people towards government programmes and projects and in managing communal, ethnic and religious conflicts and crisis.

“This will certainly not augur well for the envisaged peace, progress and wellbeing of the Nation and its people as the government will lose a respected willing partner in these regards”, he warned.

The Etsu Nupe while calling on the National Assembly to intervene in safeguarding the sanctity of the traditional institution by ensuring its insulation from politically motivated actions that run afoul of the well-established traditional settings advised that traditional rulers should be accorded specific responsibilities for conflict and security management in their domains.

He added that, “Nigeria needs to explore all available means of conflict resolution, intelligence gathering and containment of insecurities that will complement the conventional security outfits.”

The Chairman of the Constitution Review Committee, and Deputy Senate President, Ovie Omo-Agege, in his speech, raised questions on why the institution was expunged in the Constitution in the first place, if it had fostered peaceful coexistence and safety of lives and property.

His words, “What you’re seeking here today, is the reinstatement of the Council of Traditional Rulers that we had in all of our previous Constitutions which was omitted in the 1999 Constitution. The question becomes, why was there that omission?”

“With respect to this request, it shouldn’t be very demanding because we all come constituencies and we are all your subjects.

“At a time like this when we have so much insurgency in the North-East, banditry in the North-West and most of the North-Central, the same challenges we also have in the South-South, South-East and South-West; with religious tension everywhere, if His Royal Highness said that in Colonial and Pre-Colonial and Post-Colonial times, that there was need to maintain the status of traditional institutions to help us preserve peace, now is even more apt today than it was.

The NCTRN was represented by traditional rulers drawn from the six geopolitical zones of the country.

 

By: Nneka Amaechi-Nnadi, Abuja

 

 

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You Failed Nigerians, Falana Slams Power Minister

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Human rights lawyer, Femi Falana, SAN, has passed a vote of ‘no confidence’ in the Federal Government, saying that the Minister of Power, Adebayo Adelabu, has failed Nigerians.

Falana was reacting to Adelabu’s appearance before the Senate to defend the increase in the electricity tariff and what Nigerians would pay on Monday.

The rights activists also claimed that the move is a policy imposed on the Nigerian government by the International Monetary Funds (IMF) and the World Bank.

Speaking on the Channels TV show on Monday night, Falana said, “The Minister of Power, Mr Adebayo Adelabu has failed to address the question of the illegality of the tariffs.

“Section 116 of the Electricity Act 2023 provides that before an increase can approved and announced, there has to be a public hearing conducted based on the request of the DISCOS to have an increase in the electricity tariffs. That was not done.

“Secondly, neither the minister nor the Nigeria Electricity Regulatory Commission has explained why the impunity that characterised the increase can be allowed.”

Falana also expressed worry over what he described as impunity on the part of the Federal Government and electricity regulatory commission.

““I have already given a notice to the commission because these guys are running Nigeria based on impunity and we can not continue like this. Whence a country claims to operate under the rule of law, all actions of the government, and all actions of individuals must comply with the provisions of relevant laws.

“Secondly, the increase was anchored on the directives of the commission that customers in Band A will have an uninterrupted electricity supply for at least 20 hours a day. That directive has been violated daily. So, on what basis can you justify the increase in the electricity tariffs”, Falana queried.

The human rights lawyer alleged that the Nigerian government is heeding an instruction given to her by the Bretton Wood institutions.

He alleged, “The Honourable Minister of Power is acting the script of the IMF and the World Bank.

“Those two agencies insisted and they continue to insist that the government of Nigeria must remove all subsidies. Fuel subsidy, electricity subsidy and what have you; all social services must be commercialised and priced beyond the reach of the majority of Nigerians.

“So, the government cannot afford to protect the interest of Nigerians where you are implementing the neoliberal policies of the Bretton Wood institutions.”

The Senior Advocate of Nigeria accused Western countries led by the United States of America of double standards.

According to him, they subsidize agriculture, energy, and fuel and offer grants and loans to indigent students while they advise the Nigerian government against doing the same for its citizens.

Following the outrage that greeted the announcement of the tariff increase, Adelabu explained that the action would not affect everyone using electricity as only Band A customers who get about 20 hours of electricity are affected by the hike.

Falana, however, insisted that neither the minister nor the National Electricity Regulatory Commission (NERC) has justified the tariff increase.

The senior lawyer said that Nigerian law gives no room for discrimination against customers by grading them in different bands.

He insisted that the government cannot ask Nigerians to pay differently for the same product even when what has been consistently served to them is darkness.

Following the outrage over the hike, Adelabu on Monday appeared at a one-day investigative hearing on the need to halt the increase in electricity tariff by eleven successor electricity distribution companies amid the biting economic situation in Nigeria.

However, Falana said that nothing will come out of the probe by the Senate.

He advised that the matter has to be taken to court so that the minister and the Attorney General of the Federation can defend the move.

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1.4m UTME Candidates Scored Below 200  -JAMB 

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The Joint Admissions and Matriculation Board (JAMB) on Monday, released the results of the 2024 Unified Tertiary Matriculation Examination, showing that 1,402,490 candidates out of  1,842,464 failed to score 200 out of 400 marks.

The number of candidates who failed to score half of the possible marks represents 78 per cent of the candidates whose results were released by JAMB.

Giving a breakdown of the results of the 1,842,464 candidates released, the board’s Registrar, Prof. Ishaq Oloyede, noted that, “8,401 candidates scored 300 and above; 77,070 scored 250 and above; 439,974 scored 200 and above while 1,402,490 scored below 200.”

On naming the top scorers for the 2024 UTME, Oloyede said, “It is common knowledge that the Board has, at various times restated its unwillingness to publish the names of its best-performing candidates, as it considers its UTME as only a ranking examination on account of the other parameters that would constitute what would later be considered the minimum admissible score for candidates seeking admission to tertiary institutions.

“Similarly, because of the different variables adopted by respective institutions, it might be downright impossible to arrive at a single or all-encompassing set of parameters for generating a list of candidates with the highest admissible score as gaining admission remains the ultimate goal. Hence, it might be unrealistic or presumptive to say a particular candidate is the highest scorer given the fact that such a candidate may, in the final analysis, not even be admitted.

“However, owing to public demand and to avoid a repeat of the Mmesoma saga as well as provide a guide for those, who may want to award prizes to this set of high-performing candidates, the Board appeals to all concerned to always verify claims by candidates before offering such awards.”

Oloyede also noted that the results of 64,624 out of the 1,904,189, who sat the examination, were withheld by the board and would be subject to investigation.

He noted that though a total of 1,989,668 registered, a total of 80,810 candidates were absent.

“For the 2024 UTME, 1,989,668 candidates registered including those who registered at foreign centres. The Direct Entry registration is still ongoing.

“Out of a total of 1,989,668 registered candidates, 80,810 were absent. A total of 1,904,189 sat the UTME within the six days of the examination.

“The Board is today releasing the results of 1,842,464 candidates. 64,624 results are under investigation for verification, procedural investigation of candidates, Centre-based investigation and alleged examination misconduct”, he said.

Oloyede also said the Board, at the moment, conducts examination in nine foreign centres namely: Abidjan, Ivory Coast; Addis Ababa, Ethiopia; Buea, Cameroon; Cotonou, Republic of Benin; London, United Kingdom; Jeddah, Saudi Arabia; and Johannesburg, South Africa.

“The essence of this foreign component of the examination is to market our institutions to the outside world as well as ensuring that our universities reflect the universality of academic traditions, among others. The Board is, currently, fine-tuning arrangements for the conduct of the 2024 UTME in these foreign centres,” he explained.

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Ex-CBN Director Admits Collecting $600,000 Bribe For Emefiele 

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A former Director of Information Technology with the Central Bank of Nigeria, John Ayoh, has alleged that he collected on behalf of the former governor of the apex bank, Godwin Emefiele, a sum of $600,000 in two installments from contractors.

Ayoh, the second witness of the Economic and Financial Crimes Commission (EFCC), disclosed this on Monday while recounting instances where he facilitated the delivery of money to Emefiele, claiming it was for contract awards.

Under cross-examination at the Ikeja Special Offences Court in Lagos by the defence counsel, Olalekan Ojo (SAN), Ayoh admitted to facilitating the alleged bribery under pressure.

The embattled former governor of the apex bank is having many running legal battles both in Abuja and Lagos and is being tried by the EFCC at the Special Offences Court over alleged abuse of office and accepting gratification to the tune of $4.5 billion and N2.8bn.

He was arraigned on April 8, 2024, alongside his co-defendant, Henry Isioma-Omoile, on 26 counts bordering on abuse of office, accepting gratifications, corrupt demand, receiving property, and fraudulently obtaining and conferring corrupt advantage.

Emefiele’s defence, however, challenged the court’s jurisdiction over constitutional matters, urging the quashing of counts one to four and counts eight to 24 against him.

Ayoh, who was led in evidence by the EFCC prosecution counsel, Rotimi Oyedepo (SAN), said the first money he collected on Emefiele’s behalf was $400,000 which his assistant, John Adetola, came to collect at his house in Lekki, Lagos State.

He further told the court that the second bribe of $200,000 was collected at the headquarters of CBN, at the Island office.

He said the money was brought in an envelope, adding that when the delivery person, Victor, was on the bank’s premises, he contacted Emefiele, who insisted on receiving the package directly from Ayoh without involving third parties.

He said when he went to deliver the package, he saw many bank CEOs waiting to see the former apex bank governor.

When questioned if he had ever been involved in any criminal activity, he responded in the negative but admitted that he had facilitated the commission of crime unknowingly.

“I believe I did admit in my statement that I was forced to commit the crime. I don’t know the exact word I used in my statement, but I said we were all forced with tremendous pressure to bend the rules,” he said.

When asked if he opened the envelopes he collected on the two occasions and counted the money to confirm the amount, he was negative in his reply, adding that he did also write in his statement that the money was given to influence the award of contracts.

On whether the EFCC arrested him, the witness said he was invited on February 20, 2024, and returned home after he was granted bail.

Earlier, Emefiele asked the court to quash counts one to four and counts eight to 24 against him, as the court lacks the jurisdiction to try him.

Speaking through his counsel, Ojo, he said counts one to four were constitutional matters, which the court lacked the jurisdiction to determine.

In his argument, citing Sections 374  of the Administration of Criminal Justice Act and 386(2), the defence counsel told Justice Rahman Oshodi that Emefiele ought not to be arraigned before the court on constitutional grounds.

He, therefore, urged the court to resolve the objection on whether the court had the jurisdiction to try the case or not.

The second defendant’s counsel, Kazeem Gbadamosi (SAN), also relied on the submissions of Ojo.

The EFCC counsel, Oyedepo, however, objected, as he asked the court to disregard the decision of the Court of Appeal relied upon by Ojo, saying that the Court of Appeal could not set aside the decision of the Supreme Court on any matter.

Ruling on the submissions of the counsel, Justice Oshodi said he would give his decision on jurisdiction when he delivered judgment as he adjourned till May 3.

He also directed the EFCC to serve the defence proof of evidence on witness number six and his extrajudicial statement.

 

 

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