The Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN), and the All Progressives Congress (APC) have faulted the former Chairman, Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, and the Speaker of House of Representatives, Hon. Femi Gbajabiamila, over what they labelled as the wrongful issuance of the certificate of return by INEC to Hon. Abdulsalam Mubarak representing Bali/Gassol Federal Constituency of Taraba State.

An insider in a seemingly legal struggle, told THISDAY, Not TheNigerialawyer that in a letter with reference number: SGF/PS/PGC/200/TII dated July 14, 2020, addressed to the speaker and INEC Chairman, the Office of AGF had requested the reinstatement and swearing-in of Hon. Garba Hamman Julde as a member of House of Representatives representing the constituency having been duly sponsored and elected.

In a letter dated August 24, 2020 and signed by the Acting National Secretary of the APC, Senator John James Akpanudoedehe, the party also supported the position of the AGF, insisting that Julde was rightfully sponsored by the party and won the election.

Malami and APC have expressed concerns that months after they drew the attention of the speaker and INEC to the illegality of their offices, no action has been taken to ratify their actions.
Giving a background to the case, the AGF said Julde contested the House of Representatives for Bali/Gassol Federal Constituency of Taraba State, his name having been duly submitted to INEC by his party, APC, as the party’s candidate for the election in INEC form EC. 25 (iv) dated November 30, 2018.

According to the letter, one Gambo Mubarak was said to have later filed a suit in 2018 at the Federal High Court Jalingo contesting the purported primary election and the decision of the National Working Committee of APC.

For a reason not known to the aggrieved parties, the trial court in its judgment ordered that Mubarak’s name be submitted to contest the election. The case went to Court of Appeal and subsequently to the Supreme Court, and the apex court was said to have set aside the judgment of the Court of Appeal in favour of Mubarak on the ground that it was delivered out of time and restored the judgment of the Federal High Court.

‘’The Supreme Court judgment was delivered on the 3rd of June, 2019 at a time that the 2019 National Assembly Election had been concluded.
“It is observed that the judgement of the Supreme Court did not indicate that the certificate of return issued to Hon. Garba Hamman Julde is nullified and should be withdrawn.

‘’Similarly, the judgement did not also indicate that Abdulsalam Mubarak be issued with a certificate of return in place of the earlier one issued to Hon. Garba Hamman Julde,’’ Malami stated.
The AGF added that the petition before him shows that INEC has issued another certificate of return to Mubarak, protesting that INEC’s decision has no basis in the judgement of the Supreme Court, delivered on June 3, 2019 – as no such order was made to that effect.

Malami added: ‘’It is for a good reason that the Supreme Court did not give such an order because at the time the Supreme Court heard the Appeal and delivered its judgement, the 2019 National Assembly Election had been concluded without the participation of Abdulsalam Mubarak.

‘’Suffice it to say that the position of the Supreme Court in not giving such specific order is in accord with the provision of Section 285 (13) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 141 of the Electoral Act 2010.’’

The minister explained that Section 285 (13) of the Constitution provides that ‘’an election tribunal or court shall not declare any person a winner at an election in which such a person has not fully participated in all stages of the election further submitted that Section 141 of the Electoral Act 2010 states that ‘’an election tribunal or court shall not under any circumstance declare any person a winner of an election in which such a person has not fully participated in all the stages of the said election.”

Wondering what informed INEC and the speaker’s decisions, Malami said it is not in dispute that Mubarak did not participate in 2019 National Assembly Election and in the post-election petition that followed the declaration of Julde as the winner.

‘’Thus, the subsequent issuance of a certificate of return to Abdulsalam Mubarak by INEC in an election that he never participates in is patently wrong and ultra-vires the commission.
‘’In the circumstance, two letters were written on my directives by the Solicitor-General of the Federation and Permanent Secretary dated 24th, February 2020 and 1st June 2020 were respectively addressed to the chairman of the commission. However, the commission did not respond to any of the two letters’’, the minister stated.

In a similar letter to the Speaker, which he referred to the National Assembly Legal Department, an Assistant Director (Legal Services), Charles Yoila, agreed with the AGF, asking the speaker to reinstate Julde.

In a letter dated August 24, 2020, and signed by the Acting National Secretary of APC, Akpanudoedehe, the party also supported the position of the minister.

The Federal Government will next week commence installation of five million solar home systems in under-served and off-grid communities across the country, according to sources in the presidency.

The programme, which would be executed across the country, is in continuation of coordinated implementation of the Economic Sustainability Plan (ESP), a response mechanism by the Muhammadu Buhari-led administration to coronavirus.

The programme will include the assembly and manufacturing of components of off-grid solutions to facilitate the growth of the local manufacturing industry, while the use of local content will be incentivized, the source added.

Confirming the development, the Senior Special Assistant to the President on Media & Publicity, Office of the Vice President, Mr Laolu Akande, said the work plan for the implementation of the N140 billion Solar Home Systems, a component of the ESP, indicates the first set of installations will be done nationwide in December 2020.

By its design, the programme will cover up to five million households, serving about 25 million individual Nigerians who live mostly in rural communities and not currently connected to the national grid.

Based on the plan of the Economic Sustainability Committee, set up in the year by the President, who asked the Vice President to chair, the Central Bank of Nigeria (CBN) will make funds available to the private companies in the solar power subsector involved in the manufacture, assembling, installation, servicing of the solar systems, at rates ranging between 5 to 10 percent, way below the current commercial lending rates in the country.

Sources say the objective of providing cheap credit for companies involved in the programme is to significantly reduce the cost of acquiring the system by end-users who are Nigerians most of whom are not being served by the national grid.

“The reduction in the lending rate will be a big incentive for the private sector under the ESP while also making power and energy more affordable for the 25m Nigerians when compared to consumers of electric power.

“The Solar Home System, as an important component of the Buhari administration’s ESP, is designed as part of measures by the federal government to ramp up power supply across the country by catering specifically for communities not connected to the national grid.

“It is also part of the administration’s strategy to address the overall challenges and issues in the power sector as Solar is not only cheaper but considered to be cleaner and renewable.

“Aside from providing access to affordable energy, the objective of the plan is to improve social, economic and environmental welfare of 25 million Nigerians while generating jobs, increasing revenues and import substitution.

“Regarding jobs, the ESP 5m Solar installation is expected to create about 250,000 jobs including in manufacturing, assembling, installations, maintenance and payment systems,” Akande explained.

*CAC Reverses Withdrawal After Appeal As Lawyers Question Legality

The Registrar General of the Corporate Affairs Commission has reversed the decision withdrawing the accreditation of six Lawyers, protesting against the poor service delivery of the Commission, TheNigeriaLawyer Confirmed.

Lawyers had taken to the Commission on 23rd and 27th of July, 2020 to protest against the undue delay in the CAC’s service delivery which inhibiting the business of Legal Practice.

Pursuant to the said protest, the Commission had written separate letters dated 10th day of August 2020 to some of the protesters notifying them of the withdrawal.

In a letter written by Onwuzurike Ebere on behalf of the CAC RG, addressed to Sunday Oghayei and Erin Ayokunle which was made available to TheNigeriaLawyer, it was stated that they “played a major role in disrupting and causing confusion in the peaceful activities of the Commission, thereby hindering Customers from accessing the Commission to conduct their normal activities, inciting the Customers against the Commission and behaving violently.

“In the light of foregoing, the Commission has directed that you be delisted from the Commission’s database as an Accredited User and your Accreditation card be surrendered to the Commission with immediate effect.

“Be guided accordingly”, the Commission stated.

RESPONSE OF THE NBA ABUJA BRANCH TO THE BLACKLIST

In reaction to the decision of the Commission delisting these Lawyers, the Chairman of the NBA Abuja Branch, Bulus Atsen had written to the CAC RG, appealing for the reconsideration of the decision of the CAC.

In the letter dated 12th day of August, 2020, the Chair said CAC RG had earlier acknowledged “that those protesting reserved the Constitutional right to protest.”

“In the light of the passage of the Companies and Allied Matters Act, 2020, it will be good to have an inclusive reformed Corporate Affairs Commission under a new legal regime.

“It is on the premise of the above position that we appeal to your good conscience to reconsider the directive for the withdrawal of the accreditations of the lawyers referenced above. As a Registrar General who has always maintained an open-door approach to issues, we are optimistic that this appeal will receive a favorable consideration from your good office”.

CAC RE-CONSIDERATION OF THE DECISION

In another development, TheNigeriaLawyer gathered that the Corporate Affairs Commission later reconsidered the decision delisting the Lawyers.

In a chat with TheNigeriaLawyer, the CAC RG told our correspondent when contacted that we should “Find out from them if they are still delisted.”

Meanwhile, when TheNigeriaLawyer contacted one of the delisted Lawyers, he noted that the accreditation has been restored but added that it was under a very critical and traumatic experience.

LEGAL POSERS RAISED BY LAWYERS

In reaction to the decision of the Commission delisting some Lawyers because of protest, Lawyers have continued to raised questions as to the legality of the CAC decision.

A Lawyer who spoke to TheNigeriaLawyer on condition of anonymity for him not to be delisted by CAC, stated that the action of the Commission is illegal and unconstitutional.

This, he said, contravenes the constitutional right of every citizen to protest which has been affirmed by the highest Court of the land.

Similarly, another Lawyer who spoke to TheNigeriaLawyer added that she was flabbergasted by the decision of the Commission and as such, same is arbitrary and draconian.

Also, another Lawyer added that “are we really in a democracy?”.

There was a drama at the Kwannawa motor park in Dange-Shuni local government area of Sokoto state on Sunday as a commercial driver identified one of his abductors amongst his passengers, 

The driver (name withheld) was kidnapped along Kankara in Katsina state while returning from Kano about two months ago.

Our correspondent learnt that the driver had spent three weeks in captivity before his release after the payment of an undisclosed amount of money as ransom.

The suspect met his waterloo, when he boarded a vehicle going to Kano, unknown to him, it was the same vehicle ‘they blocked and kidnapped its driver.’

“The driver was quick to identify him because the incident happened not too long ago.

” After identifying him, he alerted our leaders who in turn informed the nearest police outpost,” one of the NURTW members told Daily Trust.

It was said that the leaders had changed the driver of the vehicle with another person after the car was loaded with passengers and the new driver started driving the car towards Shuni town.

It was gathered that the car was blocked by the police who arrested the suspect and took him to their office.

While being interrogated, he (the suspect) was said to have admitted belonging to a gang of kidnappers who fondly called him ‘Hadari’ and this was later corroborated by the driver when invited for questioning.

“The police were surprised when the driver told them the name because he was not around during the interrogation,” our source added.

It was said that the suspect was later transferred to the Sokoto State Police Command headquarters for further investigation.

The spokesman of the Command, DSP Muhammad Sadiq while confirming the incident, said investigation was still ongoing.

The Speaker of the House of Representatives, Hon. Femi Gbajabiamila, has condemned in the strongest terms, the killing of about 43 rice farmers in Zabarmari, Borno State by Boko Haram insurgents.

The Speaker, in a statement issued Sunday by his Special Adviser on Media and Publicity, Mr. Lanre Lasisi, said it was unfortunate that at a time the country was focusing on self-sufficiency in rice farming, about 43 of the farmers were killed in a most gruesome manner

Gbajabiamila, who expressed sadness over the killings of the innocent rice farmers, noted that the incident has once again brought to the fore the need for more military action against the terrorists.

He stated: “It’s unfortunate that about 43 of our countrymen lost their lives to the barbaric and inhuman action of the insurgents at this time.

“This incident is one too many for us as a country. Here were innocent citizens going about their lives of looking for their daily bread to cater for their families. But are murdered in a most gruesome manner.

“Their lives should not go in vain. This should call for more action from our military. As a House, we are ever ready to give them all the necessary support, especially through budgetary allocation, to deal decisively with the insurgents.”

The Speaker said the House is determined and ready to provide all necessary support, including the ongoing budgeting process to ensure that funds are allocated for the security agencies to carry out their mandate of wiping out the terrorists.

Gbajabiamila also commiserated with the families of the farmers, the people and government of Borno State over the sad incident.

Thenigerialawyer

Revenue generating agencies contributed a cumulative N6.1 trillion into the Federation Account for distribution to its various beneficiaries by Federation Account Allocation Committee (FAAC) in the first 10 months of the year according to executive chairman, Federal Inland Revenue Service (FIRS), Mr Muhammad Nami.

Nami who spoke in Abuja, however, said his agency alone contributed N3.7 trillion of this sum due mainly to global financial meltdown occasioned by coronavirus pandemic, which led to lockdown in most countries of the world.

“If you look at it from a cumulative perspective from January to date, total revenue contributed to FAAC by the four agencies responsible stood at ₦6.1trn and out of this, ₦3.7trn came from FIRS, that is 63 per cent of the money.”

He, therefore, appealed to Nigerians and indirect tax collection agents for VAT and Stamp Duty to ensure that they remit such taxes promptly so that governments are able to meet their responsibilities to citizens.

Nami disclosed that the N4.178 trillion represents 98 per cent of prorated revenue target of N4.230 for the period adding that revenue target for the 2020 financial year was N5.776 trillion.

He explained that performance between January and October would have exceeded target but for the tax palliative granted to small businesses during the period, FIRS would have fully met and probably surpassed its target.

On the controversy over responsibility for collection of stamp duty, the FIRS boss said it was part of his agency’s core mandate.

“We are not usurping anybody’s power, but it is somebody who wanted to take our power from us because if our responsibility as revenue-generating units is to assess, collect and account for tax, it will be unfair for an agency of government to now say that they want to collect irrespective of the way the tax is called.

“I want you to also remember that that the first tax introduced in Nigeria by colonial masters in 1904 was stamp duty. So, if someone is coming up in the year 2019, 2016 or 2020 to say this he is the one who should administer this, I think it should be strange to all of us.”

Universities workers have issued the Federal Government a stern warning over the N40 billion Earned Academic Allowances it promised to release to all unions in the university system.

The workers warned the Federal Government would have to deal with another round of strike if the funds were not fairly shared among the universities-based unions.

The government, on Friday in a meeting with the leadership of the Academic Staff Union of Universities, raised the EAA to N40 billion to be shared by the four universities – based unions.

The other unions in the university system include: Senior Staff Association of Nigeria Universities, SSANU; Non Academic Staff Union of Educational and Associated Institutions (NASU), and the National Association of Academic Technologists (NAAT)

SSANU urged the Federal Government to ensure that the money passed through the Universities Councils which have the template of sharing formula.

It also warmed the government to be wary of any group or union that would present any payment platform apart from the Integrated Payroll and Personnel Information System (IPPIS) which it claimed is the one recognised by government to curb corruption within the system.

ASUU has presented the University Transparency and Accountability Solution (UTAS) as an alternative payment platform to the federal government for its members.

President of SSANU, Comrade Mohammed Ibrahim, in a statement on Sunday, said his union would resist the introduction of any payment platform aside IPPIS or the one being conceived by the Joint Action Committee (JAC) of SSANU and NASU.

He said government had no business in sharing money to unions as universities were established through statute of law and each university has a Governing Council, which is the employer of all workers and the highest policy making body of each university.

He said the university administration through the registry and bursary units have the responsibility of knowing who should earn what and advised government to channel whatever amount they are giving properly through the Councils.

DESPITE domestication of violence against Persons Prohibition (VAPP ACT), signed in 2019 by President Muhammadu Buhari, cases of Sexual and Gender-based Violence, SGBV are on the increase as those saddled with the responsibility of checking the scourge do nothing to stop and protect those affected. The ICIR reports the travail of survivors of SGBV during the COVID-19 lockdown.

Icirnigeria