Nation
Bill Seeking Amendment To ACJA Scales Second Reading At Senate
A bill seeking to amend the Administration of Criminal Justice Act (ACJA) 2015 scaled second reading at the Senate on Wednesday.
The bill also seeks to amend some sections of the Act that contradict the principles of fair hearing and court jurisdiction as provided in the Constitution as well as avert some loggerheads between the Act and the Constitution.
The bill is sponsored by Orji Kalu (APC, Abia North), who was sentenced to 12 years in prison for N7.1 billion fraud in December 2019.
He was tried alongside his company, Slok Nigeria Limited, and Udeh Udeogu, who was Director of Finance and Accounts at the Abia State Government House during Mr Kalu’s tenure as governor between 1999 and 2007.
They were accused of stealing and mismanaging funds belonging to Abia State.
Leading the debate, the lawmaker noted that the Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the country.
He said all authorities in Nigeria including the ACJA shall conform to the constitutional provision.
Section 253 of the Constitution, he explained, provides that “the Federal High Court shall be duly constituted if it consists of at least one Judge of that Court”.
And Section 273 states that “for the purpose of exercising any jurisdiction conferred upon it under the Constitution or any law, a High Court of a State shall be duly constituted if it consist of at least one Judge of that Court.”
The Court of Appeal has held that by the provision of Section 273 of the Constitution, a simple judge sitting in the High Court is qualified and had the power to try criminal offenses, he said.
“The provisions of Sections 253 and Section 273 of the Constitution, spells out the composition of the judges of the High Court, the Court of Appeal and the powers to hear and determine matters before them equally provided for by the same Constitution.
“The Constitution should be read together on provisions with establishment ,composition and jurisdiction of courts as the various High Court as Court of Appeal rules have provisions for the position of pending cases, when judges are elevated.”
The lawmaker complained that allowing a judge who is elevated to a Court of Appeal to determine cases before him, while he served as a High Court judge, will raise the issue of jurisdiction.
“It will be advisable that the Constitution be amended to expressly handle the gap created when judges are elevated to the next bench and be given the powers to conclude heard cases on elevation before moving to the next level.
“In view of the aforementioned we submit that a Constitutional amendment is the best option to take care of such lacuna. Further general observation, our judicial system recognises and applies the rule of stare decisis, meaning rules of precedent and hierarchy of courts.
“More so, courts are classified according to the Constitution and other extent laws. We should clearly demarcate or spell out the jurisdiction of the court to avoid contradiction and uncertainty.”
Nation
HYPREP Marks 15 Years Of UNEP Report, Highlights Major Cleanup Milestones
The Hydrocarbon Pollution Remediation Project (HYPREP) has commemorated the 15th anniversary of the release of the United Nations Environment Programme (UNEP) Environmental Assessment Report on Ogoniland, reaffirming its commitment to restoring the environment and improving the livelihoods of affected communities.
In a statement signed by the Project Coordinator, Prof Nenibarini Zabbey, to commemorate the anniversary, HYPREP described the anniversary as a significant milestone in Nigeria’s environmental restoration efforts, noting that the project has made remarkable progress in implementing the recommendations of the landmark UNEP report released on August 4, 2011.
The UNEP report had revealed extensive oil pollution across Ogoniland, severe environmental degradation, and serious public health risks resulting from decades of petroleum operations. It also recommended an initial $1 billion fund to commence the cleanup of the affected communities.
According to HYPREP, the Federal Government formally launched the Ogoni clean-up in 2016, while the Project Coordination Office was established in 2017 to drive the implementation of UNEP’s recommendations.
Zabbey said the current administration has continued to prioritise the project under the Renewed Hope Agenda.
Providing an update on the cleanup, the Project Coordinator disclosed that 30 of the 65 contaminated sites identified by UNEP have been fully remediated, while work is ongoing at several medium- and high-risk locations. It also stated that more than 1.5 million mangrove seedlings have been planted as part of what it described as the world’s largest restoration of oil-degraded mangroves, with over 1,000 hectares of shoreline already rehabilitated.
Zabbey further revealed that 49 Ogoni communities have been connected to potable water schemes through multiple water projects and booster stations aimed at providing safe drinking water across the region.
In the health sector, he said the 100-bed Ogoni Specialist Hospital in Kpite and the 43-bed Cottage Hospital in Buan are nearing completion, adding that several existing health facilities have been upgraded with modern medical equipment, while five ambulances have been donated to improve emergency healthcare services. The Project Coordinator also disclosed that a three-year human health biomonitoring study is being conducted in collaboration with the World Health Organization’s International Agency for Research on Cancer (IARC).
On economic empowerment, Zabbey stated that the Project has created more than 8,000 direct jobs and trained thousands of Ogoni youths and women in various vocational and technical skills, including software development, cybersecurity, aviation, commercial diving, seafaring, mechatronics, and creative arts. The project also reported awarding scholarships to more than 1,000 students, providing grants to small businesses, and supporting persons living with special needs through skills acquisition programmes.
The statement further highlighted ongoing legacy projects, including the Ogoni Power Project and the Centre of Excellence for Environmental Restoration, which it said is about 96 per cent complete. HYPREP also welcomed the recent designation of the Ogoni Wetland as a Ramsar Site of International Importance and pledged to continue promoting biodiversity conservation and sustainable management of the ecosystem.
Marking the anniversary, Zabbey said the progress achieved over the past 15 years demonstrates the collective commitment of government, development partners, stakeholders, and local communities to restoring Ogoniland. He called for renewed collaboration to sustain the cleanup effort, promote environmental sustainability, and support the long-term development of the region. 3
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