The House of Representatives Committee on Aviation on Thursday questioned the allocation of N10 million for the sensitisation of staff of the Federal Ministry of Aviation to Independent Corruption Practices and other Related Offences Commission (ICPC) Act.

The committee also raised objection to the allocation of N200 million for consultancy fee on the concession of four international airports in the ministry’s 2021 budget.

Speaking during the 2021 budget defence in Abuja, a member of the committee, Rep. Akin Alabi (APC-Oyo), said that N5 million was budgeted for the ministry for the ICPC Act sensitisation in the 2020 budget.

“ICPC Act sensitisation, you want to sensitise your members of staff about (to) ICPC, last year (2020) N5 million was budgeted for it, this year, (2021) N10 million.

“This is to sensitise them to the ICPC Act, I do not get that, can you explain that?

“A lot of Nigerians are not impressed about the National Carrier project, the working capital for the national carrier in the 2020 budget, N2.2 billion allocated and this year 2021, you are asking for N1 billion.

“Can you explain what you mean by working capital because I know it is definitely not to buy planes so can you explain what these billions, year-in-year-out is meant for as regards working capital.

“For the concession of four international airport, Lagos, Abuja, Kano and Port Harcourt, last year, N297 million was budgeted for it and this year, you are asking for N200 million.

“What type of consultancy is this that will cost half a billion? For the national carrier, you are still requesting for N250 million for consultancy,” he said.

Responding, the Minister of Aviation, Mr Hadi Sirika, said that it was important that members of staff were in the ministry and agencies under it were sensitised to the Act.

He said it was extremely important to sensitise and make everybody follow the rule and ensure they ran on the narrow path of peace and justice

Sirika said that the ministry was out to establish a strong national carrier that was commensurate with the population size, market, manpower of Nigeria, and would add value to the economy.

He said that the ministry had grown the number of passengers from eight million to 18 million since 2015 and airplane management had significantly improved.

According to him, this can be made much better if we have a well established, well structured private sector-led national carrier.

“The fact that the money is there in the budget, does not mean it was released or utilised; since we began this project, the amount spent on the activities of carriers so far if I am not mistaken, is N350 million.

“By the grace if God, I want to assure this committee and indeed all Nigerians that this national carrier will come to be and it will be for the benefit of our people,” he said.

On the 2020 budget performance, Sirika said that N40.2 billion was allocated for capital expenditures but was reviewed downward to N33.3 billion because of the COVID-19 pandemic.

The minister, however, said that only N19.4 billion, representing 58.3 per cent had been so far released to the ministry.

Sirika said that N250 million was budgeted for overhead expenditures but was reviewed to N171 million and that N132.8 million representing 77 per cent had been so far released.

The minister said that for the 2021 budget N78.9 billion was earmarked for capital expenditures.

He said that N250 million is proposed for overhead cost while the personnel cost is N397 million, making a total of N647.1 million for recurrent expenditures.

The leadership of the House of Representatives on Thursday urged the presidency to accede to public outcry for the reduction of salaries of political office holders in the country.

Chairman, House Committee on Media and Public Affairs, Hon. Benjamin Kalu who gave the House position during his weekly press briefing on the ongoing 2020 budget performance and 2021 budget defence, assured that various Standing Committees are expected to submit reports on the MDAs’ budget defence as from next Wednesday.

According to him, “the 0.8% of the national budget for the National Assembly is not enough to run the institution. If you want to cut salaries, expenses, cost of governance, start it from the executive. That’s the truth because the 0.8% you’re talking about takes care of the Senate, people think that the money that comes to the National Assembly is divided by members of the House of Representatives, that’s a wrong narrative being sold there and that’s what Nigerians believe.

“That’s why my office is actually engaging on what’s called infographics that are going to be released very soon. That will break it down once members approve it so that you know where everything goes into. And Nigerians will be shocked that people they thought were rich, are not able to meet there needs and that’s the truth.

“It’s high time we start at the 99.902 percent of the national budget and stop focusing on the 0.8 percent of the National Assembly. Nigerians are not focusing on that rather they’ve been conditioned to focus on the 0.8%, is that not deceitful?

“Nigerians need to change their focus and find out what’s happening to that 99.02%, once we do that you will see the truth will start coming out, and even the Executive will know there’s need to cut down the expenses. Today in the course of engaging these agencies, I found out that the impact of Covid-19 which ordinarily is supposed to change the dynamics, including our cost structure because you know Covid affected the revenue of the country and also introduced efficient use of technology.

“Innovation that’s supposed to reduce the cost of governance has not been welcomed by most of the MDAs. Today, I asked them why are you still engaging in the traditional travels, spend millions travelling locally in a year; when innovation like zoom can enable you to hold some of your meetings? Why can’t the Executive apply that and embrace technology to reduce the cost of governance,” he stressed.

While responding to question on the January to December budget cycle, Hon. Kalu said: ”You’ve have been following the events in regards to this budget. We are committed to meeting up with the budget calendar to make sure that by January Nigeria will have a new budget to work with.

“So all we’ve been doing is to meet up with the January to December calendar and I want to thank the members of various committees for their dedication. The House gave each of them a deadline and most of them will start turning in their report from Wednesday next week.”

*‘How My Son Was Murdered In Cold Blood For Money’

As the Osun State panel of inquiry set up to investigate Police brutality and extra-judicial killings in the state commenced its sitting Thursday, a victim’s father Rasheed Ayinla alleged that his son, Ismaila was killed in cold blood by the disbanded SARS personnel to steal his money.

Ayinla’s in his petition before the panel disclosed that his son was killed by two personnel of the disbanded police unit, identified as ‘Odua’ and ‘Are’ at Ile-Labo Sinmi Oko guest house in Iwo, on July 18, 2020 after lodging at the guest house the previous day.

He said the deceased who resides in Ore, Ondo State was traveling to northern part of the country to buy Rams which was to resold for Sallah celebration and checked into the guest house to pass the night with the intention to move on the following morning.

According to the father, Ismail, a father of five was shot early hours of the morning, as the SARS personnel claimed he was an armed robber who invaded the hotel at night but only N997,730.00 was found on him out of the N4million with him before he was killed.

“The deceased, Ismaila Rasheed, left Ore, Ondo State, on 17th day of July, 2020, on a mission to buy rams for Eid Fitri Celebrations. He landed in Iwo on 17th day of July, 2020, at about 9:30 p.m. with the intention of passing night in a hotel till the following day when he would embark on a journey to the northern part of Nigeria to buy rams in large quantity for his customers.

“He headed straight to Ile Labo Sinmi Oko Guest House at about 9:30 pm where he lodged until the unfortunate incident took place at about 2a.m. on the following day. At the Guest House was the staff in persons of the Manager, Afeez Tella Adio and other attendants – Afeez, Ayisat and Yinka.

“In order to beef up security along Iwo/Ibadan Expressway. Two Police Officers, from Special Anti-Robbery Squad (SARS) had been accommodated in the Guest House by the owner, Alhaji Ayo Dauda Adigun, on the consent of the Divisional Police Officer, DPO. The two officers, “Odua” and “Are” had stayed in the Guest House for about seven months free of charge.

“Late Ismaila Rasheed was given Room in the Guesthouse by the Manager, Afeez Adio. The deceased enjoyed with the guests particularly the football fans that came to watch the match between Arsenal and Liverpool on that day.

At about 3:30 A.M., one of the officers of the SARS in the Guest House, called the Manager, Afeez Tella Adio, that they had shot dead one of the thieves that invaded the Guesthouse.

The Manager. Afeez Tella Adio, rushed to the Guest House and found Ismaila Rasheed in his pool of blood. The Manager said, the last word from the deceased was (Omo Ole, o ti pa mi) “Thieves, you have killed me”.

“At about 6:20am on 18/7/2020, the Manager ran to the house of the owner of the Guest House, at No. 131. Adegbodu’s Compound, Gidigbo Quarters, Iwo, to inform him of the development. Alhaji Ayo Dauda Adigun, the owner of the Guest House, ran there and found the D.P.O and other officers of the Nigeria Police had been there before him.

“The duo of the SARS officers in the Guest House, shot dead the deceased, Ismaila Rasheed, in his cold blood on 18/7/2020 and carted away a sum of Four Million Naira (N4,000,000.00) meant for the purchase of rams as one Isiaka, the deceased friend, whom the deceased called last about 2:30am on 18/7/2020, made bold to say that his deceased friend, had on him a sum of over Five Million Naira for the purchase of the rams.

The deceased body was taken to the mortuary at the General Hospital, Iwo, by the Police and he was eventually buried on 20/7/2020 at Obatedo Cemetery, Iwo, amid tears from the sympathizers”, reads the petition

Similarly, a joint signatory to the petition, Adio Dauda, the owner of the hotel, also said his business had suffered great loss due to the action of the SARS personnel, adding that since the incident, customers have abandoned the guest house.

He sought the relief of the committee to make available for his business, which has suffered, the sum of N6million while the deceased father sought the return of the stolen N4million from the deceased and additional N100million as damages to take care of his two wives and five children.

However, the Chairman of the Panel, retired Justice Akin Oladimeji, urged the petitioners to make a proper breakdown of the damages sought from government to justify their losses.

He also urged victims to come out and tell their stories, saying the panel would not compromise its integrity and would ensure they get justice.

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The International Criminal Court in the Hague has received a criminal complaint filed against Lawyer and Human Rights activist Femi Falana for allegedly instigating the #EndSARS protests

According to a reply signed by the Head of Information and Evidence Unit of the ICC, Mark Dillon, the Communication has entered the Registry of the Court and will be considered accordingly with the procedure and Rome Statute of the ICC.

The complaint dated 4th November, 2020 was addressed to the Office of Madame Fatou Bensouda, The Prosecutor, International Criminal Court (ICC).

In the complaints filed by Joseph Nwaegbu. a Senior Associate of Pathfind Attorneys on behalf of Make Nigeria Better Initiative (MNBI), said the role played by Mr. Falana before, during and after what observers described as “the mother of all protests in Nigeria” is not only ignoble but criminal.

The group accused Mr. Falana of “spreading fake news to further incite the youths in the country against the government which led killings and destructions of properties.”

The group said it has attached “sensitive pieces of evidence” on the allegations raised to drive home their argument that Femi Falana, ought to be prosecuted and sanctioned.

In the criminal complaint, the complainant listed policemen killed and government property destroyed as casualties of the protest which lasted for about three weeks.

The group called on the ICC Prosecutor to open an investigation of Femi Falana, on her own accord under Article 15 (1) of the Rome Statute;

It called on the ICC Prosecutor to compels Femi Falana SAN upon conviction under the Rome Statute to pay the sum of $2,000,000,000 (Two Billion US Dollars) as punitive damages for causing death, injury and maiming of several citizens as well as wanton destruction of public and private properties through his instigation of the violent #EndSARS Protests across Nigeria from the period 3rd October, 2020 till 21st October, 2020.

The senior advocate has been speaking out in support of the #EndSARS protests during which Nigerians took to the streets in numbers to demand for an end to police brutality, extortion and extrajudicial killings by a rogue unit of the force known as the Special anti-robbery squad (SARS).

The Lawyer recently spoke against the hoarding of coronavirus palliatives in several cities in Nigeria, calling it a “crime against humanity.”

By Eric Ikhilae, Abuja

Kaduna State Governor, Nasir el-Rufai has sued former media aide to former President, Goodluck Jonathan, Reno Omokri; ex-Chairman of the Council of the National Human Rights Commission (NHRC), Chidi Odinkalu and others, alleging defamation.

In separate suits filed before the High Court of the Federal Capital Teeritory (FCT) by his lawyer, Abdulhakeem Mustapha (SAN), el-Rufai also named Thisday newspaper, Daniel Elombah, Elombah Communications, Barrister Joseph Onu and Auta Nyada as defendants.

In one of the suits, el-Rufai claimed that statements contained in certain publication titled: “El Rufai’s email saying southern women youth corpers are seen as whores,” by Omokri, which was published by Thisday newspaper on Sunday 14th of June 2020 is injurious to his reputation, adding that it is “malicious, unwarranted and defamatory”.

The governor is seeking N500 million in compensation and an apology to be published in the newspaper.

In another suit directed at Odinkalu, Daniel Elombah and Elombah Communications, el- Rufai is claiming that a publication titled: “Litany of 25 critics who have suffered at El Rufai’s hands compiled by Chidi Odinkalu,” which was published in Elombah.com on Wednesday September 2, 2020 is “malicious, unlawful and without any justification.”

He is equally seekingN500million in damages and apology for the said “defamatory and greatly injurious to his reputation.”

The governor stated that a letter written by Jospen Onu and dated August 19, 2020, titled: “Request to withdraw the offer of platform at the 2020 Annual General Conference of the Nigerian Bar Association (NBA), Malam Nasir El Rufai” addressed to Prof. Koyinsola Ajayi, SAN, in his capacity as the Chairman, Technical Committee on Conference Planning (TCCP) Nigerian Bar Association and copied to Dr. Olisa Agbakoba, SAN, Chairman, Board of Trustee, Nigerian Bar Association and Mr. Olumide Akpata, the then President-Elect of the NBA and published in the media, is “defamatory and greatly injurious to the reputation of the claimant.”

He is also seeking an apology and N500 million in damages.

No date has been fixed for the hearing.

Thenationonlineng

President Muhammadu Buhari has approved the establishment of 12 major research centres in the that would be funded by the Tertiary Education Trust, TETFUND, through funds generated by Federal Inland Revenue Service, FIRS.

Chairman of Board of Trustees, BOT, of TETFUND, Mallam Kashim Ibrahim Imam, disclosed this during the TETFUND and FIRS interactive session on Tuesday in Port Harcourt.

Imam stated that President Buhari’s interest in ensuring that research is the hallmark of teaching and learning in tertiary institutions informed the establishment of the research centres.

He said the collaboration between TETFUND and FIRS has greatly ensured that education intervention funds for development and research in tertiary institutions are generated through adequate tax collections from companies and individuals.

The Chairman BOT of TETFUND also said it gratifying to note the most of the projects and researches in tertiary institutions both in federal and state-owned schools are funded from TETFUND.

He, therefore, challenged FIRS to aim at generating N500Billion in 2021, just as he asked the Service to ensure that the N277 billion target for 2020 is achieved before the end of the year.

Imam said “Since TETFUND came into existence since 2011, almost all the projects in tertiary institutions across the country had been executed through the intervention from the agency”

Iman listed some of the interventions to include 75 projects at the University of Lagos, UNILAG, 68 for Lagos State University,LASU, 68 for University of Port Harcourt, UNIPORT.

In an exclusive interview with our Correspondent, the Acting Vice-Chancellor of UNIPORT, Prof. Stephen Okorodudu corroborated what Ibrahim said.

“I can testify that 68 projects completed and some still ongoing are funded through the intervention by TETFUND”.

However, Prof. Okorodudu advocated keying into the programme of TETFUND sponsorship of indigent students who are now finding it difficult to fund their education.

“As managers of the system, we also have a lot of indigent students who are finding it difficult to fund their tertiary education. TETFUND should have a way of factoring how they could support them.”

On his part, Dr Emmanuel Ikenyiri, Provost Federal College of Education, Omoku, Rivers State, said all the halls, Offices in his institution were built by TETFUND.

“In addition to the different projects and facilities fund by TETFUND intervention, two of my lecturers are beneficiaries of local and International scholarship. But they should factor in the sponsorship of indigent students.”

The annual one-day interactive session of TETFUND and FIRS which had the theme: “New Thrust in Expanding The EDT Collection During Covid-19 Pandemic for Effective Service Delivery of The Mandate of The Fund”, was attended by stakeholders in tertiary institutions and officials Federal Inland Revenue Service.

The lifting of restrictions and the return to work when the coronavirus is still present clearly means that the world cannot simply return to the old way of doing things. The world is simply confronted with the situation of a new normal.

The Business Day Business Unit in collaboration with the Employment Labour and Industrial Relations Committee of the Nigerian Bar Association Section on Business law has scheduled a webinar on the relevance of Trade Unions in the new world of work for Thursday 12th November 2020 at 3.00 pm.

The Hon. Judge of the National Industrial Court, Portharcourt Judicial division, His Lordship, Hon. Justice Nelson Ogbuanya will join Labour Comrade, Assistant Sec. General, Nigerian Labour Congress, Mr. Christopher Onyeka as Panelists.

Others are Mr. Wolai Jimmy Robert, Senior Associate, Dpal law office and Mr. Olayiwola Salam the National PRO of Senior Staff Association of Nigerian Universities, while the Chairperson, NBA-Section on Business Law, Mr. Ose Okpeku will serve as moderator.

Click the link below for registration

A GROUP, the Concerned Professionals, on Wednesday accused the President Buhari led Federal Government of dictatorship and a betrayal of trust by hounding #EndSARS protesters rather than addressing the issues they raised.

The group faulted judges who granted orders freezing the bank accounts of the protest coordinators and abridging their rights.

The group warned the government against forcing the youths into exile because they demanded good governance, saying intimidation will only increase tension in the polity and scare away foreign investors.

In a statement by Dr Muiz Banire (SAN), Dr Isuwa Dogo, Mr Femi Falana (SAN), Pastor Ituah Ighodalo, Olutola Mobolurin and Prof. Pat Utomi, the Concerned Professionals said it was “unfortunate” that the Federal Government has embarked on a “witch-hunt” and “victimisation” of the #EndSARS protesters.

The statement reads in part: “It is unfortunate that rather than developing trust in the youths that their complaints would be convincingly addressed as promised when the protests were on, the government has embarked on victimisation and witch-hunting of the sponsors of the protests by seizing their passports, arresting and detaining them sometimes with no or on spurious charges and freezing the accounts of the said sponsors.

“Sadly, the government that is not trusted by the people, which led to the elongation of the protests, is behaving in a way that further undermines the people’s trust in government. There is clearly a betrayal of trust and breach of good faith in the negotiation with the EndSARS youths.

“It is the promise to look into the complaints of the youths that made many people counsel an end to the protests. The recent approach of the government is a reinforcement of the lack of trust the youths have about the government from the onset.”

The group faulted the freezing of the #EndSARS promoters’ accounts for six months, saying the Central Bank of Nigeria (CBN) lacked the right to obtain such order.

The statement added: “It is regrettable that some magistrates and judges are being used to deny citizens their fundamental rights of hearing and sanctioning illegality by denying bail for ordinarily bailable allegations and freezing orders of the Central Bank of Nigeria (CBN) by way of ex parte application to freeze the accounts of the leaders of the protesters for six whole months!

“It is certain that the CBN lacks the locus to trigger such a process in the context of these events. The courts are being manipulated by those who feel threatened by the awakening of the youths.

“We expect the judiciary to appreciate the issues involved in the cases before them and be part of the social re-engineering of the country by treating cases in a pragmatic manner.

“We have seen all this before and we know where it will take us. A dictatorship is obviously being slowly but obdurately unwrapped.

“We condemn the victimisation efforts being visited on the EndSARS protesters in totality, urge maturity on the part of the government and stop the adoption of undemocratic and inhuman methods in dealing with the aftermath of the EndSARS protests.

“The protest is a constitutional and democratic right which cannot earn the kind of victimisation going on.

“We, therefore, urge the government to implement the five-for-five accepted demands of the youths and engage them genuinely.

“No amount of intimidation or harassment will work as it will only exacerbate tensions in an otherwise fragile polity.

“We also urge the traditional rulers and progressive politicians to avoid them being used to sanctioning these acts by conflating the EndSARS protests with the criminal arson and looting that followed the protests.

“These rounds of regional meetings of traditional rulers and political leaders smack of manipulation to create a pseudo-national consensus on the continuing and planned violation of the rights of citizens. Fundamental human rights are universally cherished rights.

“The country, especially in its current economic straights, should avoid becoming a pariah state as its youths are forced into exile as in the NADECO days.

“The news of the appearance of one of the activists of EndSARS in Canada is ominous. Our youths must not be made exiles just for speaking up. Neither must they come to harm in the country.

“We cannot turn our youths into Zombies. They are assets to us and they are the future we dream of and the hope of those who seek the lost glory we sought in our youth but dashed by the poor governance choices we made in the last 30 years. We must give them a voice and a chance to recapture what we lost.

“Our pauperised citizens need a country engaged in cooperation with the rest of the world and investments from investors, both domestic and international. The fear of instability drives away investment, local and foreign.

“Even without the recent problems Nigeria ranks higher than Ghana in the index of failing nations and is not surprisingly rewarded with higher Direct Foreign Investment.”

*Senior lawyers, rights activists: AGF lacks power to set up committee

THE status of the panel set up by Attorney-General of the Federation Abubakar Malami to dispose of recovered looted assets of the Federal Government is in contention.

Malami (SAN), who is also the Minister of Justice, is under fire for the action, which senior lawyers and rights activists described as illegal.

Their argument: only the Economic and Financial Crimes Commission (EFCC) which recovered the loot is legally empowered to sell them off according to the Act setting up the anti-graft agency.

But Senior Advocate of Nigeria (SAN) Seyi Sowemimo differed. He reasoned that from the wording of the law, the AGF may “technically” be acting within his powers.

The 21-man panel, whose members were inaugurated on Monday, is expected to sell off all assets forfeited in favour of the Federal Government within six months.

Malami said President Muhammadu Buhari approved the constitution of the committee, which is chaired by the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mr Dayo Apata (SAN).

Its members include the representatives of the Office of the Chief of Staff to the President; the Federal Ministry of Justice; Federal Ministry of Finance; Federal Ministry of Works and Housing, Auditor-General of the Federation, Economic and Financial Crimes Commission, Independent Corrupt Practices (and other related offences) Commission.

They also include the representatives of Nigerian Army, Nigerian Navy Nigeria Police, Nigeria Security Civil Defence Corps, Nigerian Maritime Administration and Safety Agency, Department of State Security, National Drug Law Enforcement Agency, Department of Petroleum Resources, National Oil Spillage, Detection and Response Agency, Bureau of Public Procurement, and the Civil Society Organisation.

The rest are the representatives of the youth, the media, and any other Nigerian with exceptional expertise that could add value to the Committee as deemed fit by the Attorney General of the Federation.

Some law experts said the Economic and Financial Crimes Commission (EFCC) Act 2004 empowers the EFCC to engage in such disposal of forfeited assets.

They also argued that it was wrong for the Minister to appear hasty in disposing of those forfeited assets when the issue formed part of the allegations in a petition he (the AGF) wrote against suspended EFCC chair, Ibrahim Magu, which is being considered by the Justice Isa Ayo Salami Judicial panel.

One of the experts argued: “For the avoidance of doubt, Section 31: (1) and subsections (2), (3), (4) and (5) on Final Disposal of Forfeited Property of the EFCC (Establishment), Act 2004, are very clear and unambiguous on how forfeited properties can be sold.

Section 31 (1) states as follows: “A copy of every final order forfeiting the assets and property of a person convicted under this act shall be forwarded to the Commission.

(2) Upon receipt of the final order pursuant to this section, the Secretary to the Commission SHALL (emphasis mine) take steps to dispose of the property concerned by sale or otherwise and where the property is sold, the proceeds thereof shall be paid into the Consolidated Revenue Fund of the Federation.

(3) Where any part of the property included in a final order is money in a bank account or in the possession of any person, the Commission shall cause of a copy of the order to be produced and served on the manager or any person in control of the head office or branch of the bank concerned and that manager or person shall forthwith pay over the money to the Commission without any further assurance than this Act and the Commission shall pay the money received into the Consolidated Fund of the Federation.

(4) The Attorney-General of the Federation may make rules or regulations for the disposal or sale of any property or assets forfeited pursuant to this Act.

(5) Any person who, without due authorisation by the Commission, deals with, sells or otherwise disposes of any property or assets which is the subject of an attachment, interim order or final order commits an offence and is liable on conviction to imprisonment for a term of five years without option of a fine.”

When contacted yesterday, Special Assistant to the AGF on Media, Dr. Umar Gwandu promised to address the issues raised. But he never got back.

Among those who spoke were: Constitutional lawyer Jiti Ogunye, Abuja-based lawyers, Mr Oluwatosin Ojaomo and Mr A. Wisdom, Socio-economic Rights and Accountability Project Executiive Director Adetokunbo Mumuni and CACOL Executive Director Debo Adeniran.

Sowemimo noted that under S.31(4) The Attorney-General of the Federation may make rules or regulations for the disposal or sale of any property or assets forfeited pursuant to this Act.

“So, if he makes a regulation that the property should be disposed by a 21-man panel, that may be in compliance with the Act.

“Technically, he may be acting within his powers and then such a large panel now gives me the impression that he wants to have a panel whereby he can say that ‘look, these people are from diverse interest groups and they’re not under my absolute control.”

Sowemimo also observed that if part of the properties to be disposed of by the committee are also under consideration by the Justice Salami Panel investigating Magu, “they have to be careful to address whatever concerns he raised before disposing of the assets.”

For Ogunye, the matter is straightforward: the minister acted beyond his powers.

With specific regard to disposal of forfeited property, Ogunye argued relying on section 31, in particular subsection (2) and (4) that “It is our considered view that as the law stands today, the Secretary to the Commission is the appropriate authority that shall superintend over sale and disposal of forfeited properties and the deposit of the proceeds thereof into the consolidated funds of the Federation. So, it is the duty of the secretary. And it stands to reason; the secretary, secretary-general of an organisation is in charge of a secretariat and is the one that has the power to keep chattel of the association and have a list of inventory of that association etc.

“That power of the AGF to make this regulation cannot subvert the categorical power donated by the statute to the secretary. In other words, any regulation that the AGF makes will be like a subsidiary legislation or a regulation made under the Act, It is the law that such regulation cannot override the clear provisions of the Act. There is no regulation that the AGF can make to take over the functions or powers as donated by the Act,” He said such action by the AGF would be “null and void” in the context Of Section 31 (1,2 & 3).

My view therefore is that what the AGF has done is fraught with illegality.”

Jiti reasoned further that there is another cloud over the AGF’s panel because part of the issues submitted to the Justice Ayo Salami panel concerned

“We know that there is a panel of inquiry set up by the President regarding the activities of the Commission and in particular the conduct of its former Acting Chairman and part of the issues submitted to that panel therefore is the issue of handling and disposal of assets, forfeited to the Federal Government of Nigeria. As we know, the panel is yet to submit its report to Mr President. There could have been reports that there was an interim report, but interim reports … are neither here nor there. A panel of inquiry under the Tribunal of Inquiry Act, is expected to submit a final report which will attract government consideration and determination of the issues that are recommended and government will then generate a white paper…

“As far as I know, not only has the panel not concluded its work, government has not considered the panel’s recommendation, and no white paper has been published in respect of it.”

Can a presidential order take precedence over an extant law? I think, there is need to put this in the public domain.

Ojaomo’s views were similar. He said: “The AGF has no power to use a regulation to sell assets recovered by the EFCC. It has statutory implications; whoever buys it will be taking a risk.

“The action of Malami setting up a committee to dispose assets forfeited to the FG through the EFCC is a clear violation of the EFCC Act and it carries a very serious penalty under the EFCC Act. The law is bigger than anyone. No matter how big a person is, the law is bigger.”

SERAP Executive Director Adetokunbo Mumuni advised that it was proper to follow the law as enacted by the legislators, in the spirit of democracy.

“Whatever we must do as the government of Nigeria, we must do it according to law. If there is a law setting up the EFCC, whatever you must do, saying you want to act for the EFCC, you must act according to the EFCC Act. So, if there is a law that says EFCC assets can only be disposed of by the EFCC Secretary, I wonder what basis the AGF will have to act contrary to law. Remember the AGF is supposed to be the chief law officer of Nigeria and it will not be proper for the AGF to now be the major violator of the law.

Coalition Against Corrupt Leaders (CACOL) Chairman Debo Adeniran said the AGF appeared to be “jumping the gun. This is the wrong time to dispose of assets.

“The AGF has accused someone of disposing of seized assets without authorisation and there have been counter accusations that he has taken interest in some of the assets and their disposal. I believe that the President is being too slow in intervening in issues like this, otherwise the AGF should also be on leave just like Magu has been on suspension. After all, it was on the basis of a mere allegation that the President suspended Magu.”

Culled from TheNation

Roundtable Discussion On Gender Representation In The 1999 Constitution : A Dialogue With Hon Chief Justice of the FCT Justice Ishaq Usman Bello.

Women In Politics Forum (WIPF) on Tuesday Nov 10 2020 held a Roundtable Discussion on Gender Representation in the Constitution in the FCT Abuja. 

WIPF a leading voice for Inclusion in it’s continuous advocacy for advancement of Women Leadership in Nigeria by providing platform for women to train, share, experience, network, advocate and lobby for political space within and outside political parties has it’s advocacy drawn from the recognition of the consensus of modern democracies which is that constitutions should be based on inclusivity. The Nigerian Constitution is however described as replete with the provisions which are interpreted to either deny realities of women or outrightly discriminate against them and therefore sees the need to examine the intersections of the gender, law and Nigerian Constitution has become necessary.

Participants to the Dialogue were drawn from the Executive, Judiciary, Legislature, Civil Society Organizations, Media, Women Groups and Donor Partners. Continue reading