The junta that seized power in Mali wants a military-led transitional body to rule for three years and has agreed to release ousted president Ibrahim Boubacar Keita, a source in a visiting West African delegation said Sunday.

“The junta has affirmed that it wants a three-year transition to review the foundations of the Malian state. This transition will be directed by a body led by a soldier, who will also be head of state,” a source in the ECOWAS delegation in capital Bamako told AFP.

“The government will also be predominantly composed of soldiers” under the junta’s proposal, the source said on condition of anonymity.

The source added that the junta has agreed to “free president Keita”, who has been detained along with other political leaders since the coup on Tuesday, and he “will be able to return to his home” in Bamako.

“And if he wants to travel abroad for treatment, that is not a problem,” the ECOWAS source said.

Prime minister Boubou Cisse, who has been detained with Keita at a military base outside the capital where the coup began, would be moved to a secure residence in the city, the source said.

A junta official confirmed to AFP the decisions on the fate of Keita and Cisse, as well as that “the three-year transition would have a military president and a government mostly composed of soldiers”.

The coup followed months of protests calling for Keita to resign as public discontent with the government grew over the country’s brutal Islamist insurgency and collapsing economy.

While it was met by international condemnation, thousands of opposition supporters celebrated the president’s ouster in the streets of Bamako.

The junta has said it “completed the work” of the protesters and has vowed to stage elections “within a reasonable time”.

However Mali’s neighbours have called for Keita to be reinstated, saying the purpose of the visit by the delegation from the regional ECOWAS bloc was to help “ensure the immediate return of constitutional order”.

Tuesday’s coup was Mali’s second in eight years, and has heightened concern over regional stability as its jihadist insurgency that now threatens neighbouring Niger and Burkina Faso.

On August 21, the Nigerian Bar Association (NBA) sent a letter to the Governor of Kaduna state, Mallam Nasiru El-Rufa’i, indicating his withdrawal as NBA2020 conference speaker. The governor was billed to speak on the topic “Who is a Nigerian? The letter generated a lot of controversy from different angles of the country, especially among the Nigerians that were spending significant time on social media expressing their views on national issues of interest.

According to the NBA president, the invitation was withdrawn from the governor following a petition by some lawyers under the aegis of Open Bar Initiative following rising killings in Southern Kaduna.

Well, writing on this kind of issue ends up with different interpretations, no wonder sometimes I find it very disturbing and difficult to press my keyboards on any stuff that may generate comments if not anger to many people, especially those that are not in line with the author`s stand. Permit me to clarify this to you that I am neither a supporter of Mallam El-Rufa’i nor his sympathiser. In fact, I have issues with some of his strict and anti-masses policies but we have no option than voice out our opinion, especially on any issue capable of downsizing democracy, human rights and the rule of law in the country.

Let me start with this, the NBA as an association has the right to invite or withdraw invitation to anybody in their program because they are the organisers of the program and therefore have the right to select the guests for the program.

Be that as it may, I have personally not seen anything wrong in Inviting someone to a program and withdrawing same. What makes the issue create unnecessary attention among the general members of the public is the issue of allegations against the governor in relation to rising cases of attacks in Southern Kaduna. The NBA president stated that the withdrawal of the governor`s invitation has nothing to do with religion or ethnicity.

Whatever he said, the majority will find it very offensive, especially those that hold the opinion that the association’s approach was very poor and uncalled for, the association failed to give the governor a fair hearing, which is one of the cardinal principals of the rule of law. The governor is presumed innocent of the said allegation till a court pronounces him guilty. The views of some members of the association shouldn’t be the basis to withdraw such invitation unless the association wants it. 

This is just like teenagers’ prank we had back in university days that you send your party invitations to some people and still give words to bouncers not to allow them to gain entry just to humiliate them at the entrance then you later apologise to them. NBA apologiding to the governor simply means that the association is not convinced withdrawing the invite was right or affirming my thought on the above mentioned issues

There are a lot of conspiracies surrounding the matter. Religious and tribal champions are busy giving the incident different interpretations and inclinations but I perceive the whole melodrama ensued between NBA and El-Rufa’i as part of the 2023 political game. If not for political reason, why will the NBA allow other speakers like Wike and Obasanjo? Are they saying they have history of obeying court orders?

If NBA is concerned on the killings in Southern Kaduna, they will not have entitled the theme of the conference “Am I a Nigerian-A debate on National Identity”, instead, they should have opted for “The Indigeneship-Citizenship Conundrum”  to make fool out of him. It will be a very good avenue for people to dig deep by asking unhidden agenda and questions some people think about him. This will also pave way for them to understand why the governor has issues with Southern Kaduna leaders. But the association denied all these opportunities to their members and general public just because of the interest of insignificant few among them.

Now their attitude towards El-Rufa’i is creating a different narrative among the fragile country`s ethno-religious population; a significant number of the population are turning the saga as an issue of ethno-religious sentiment. El-Rufai`s presence in the conference will not benefit the common Nigerian with anything but will definitely bring out different stories especially on the current crisis in the state. 

In addition, NBA’s reactions to such issue that has colouration of religious is nothing but fuelling the disintegration among the major religions in the country, especially now that everything in Nigeria one must put religious and tribal sentiments for such things to attract attention.
Moreover, the NBA has directed the Muslim lawyer to nominate another Muslim governor to speak in the event. This has indicated that NBA and their sponsors have an axe to grind with El-Rufa’i. The NBA, which is the body of learned and a rallying point and unifying factor, has derailed from this core objective. What a shame!

A lot of negative narrations are going on daily in Nigeria from Mailafia`s allegations to another. All these will not let us understand the major challenges facing the country like insecurity, poor democratic governance, abject poverty and unemployment that have become the order of the day in the country.

Nigerians should be conscious of the issues that can castigate one another and lead us to unnecessary conflict that may result in further loss of lives and destruction of property. Few unpatriotic individuals and organisations try to use unhidden agenda and conspiracies to divide us for their personal interest.

Mohammed, a democratic governance enthusiast, writes from Funtua, Katsina state 

blueprint

FOUR persons have been confirmed dead by the police following Sunday morning violent clash between security agents and members of the Indigenous People of Biafra, IPOB, in Emene, Enugu State.

The police also said that they arrested five members of the IPOB during the clash which threw the whole Emene and environs into chaos as early as 7.00am.

The commotion raised by the clash disrupted church services as worshippers of the various churches in the area ran helter scatter to escape being caught in the crisis.

An eyewitness account said that trouble started at about 7.00am when some police invaded the Community Secondary School Emene where members IPOB were meeting to have their prayers and attempted to disperse and arrest them.

According to the account, the attempt was resisted, turning the encounter bloody with IPOB members reportedly overpowering the security operatives.

In a swift reaction, a large reinforcement was called and over a dozen patrol vans loaded with armed security agents comprising police, army and DSS arrived the scene and faced the Biafran agitators.

Sounds of gunfire and teargas fumes filled the area, particularly between St Patrick Secondary School and St Joseph Catholic Church along the old Abakaliki Road.

One account lamented that the premises of St. Patrick Secondary School was “flowing with blood” as fleeing IPOB members were pursued into the school by security operatives.

At the time of filing the report, military vehicles, including armoured personnel carrier, APC, were seen used to block the roads leading into Emene, though normalcy had returned to the community.

Reacting to the clash, IPOB leadership accused the Federal Government of using security operatives “to exhibit another crude round of killing and massacre against the peaceful and unarmed IPOB family members”.

IPOB in a statement by its spokesman, Emma Powerful said: “The Nigerian government and her security agencies have once again exhibited another crude round of killing and massacre against the peaceful and unarmed IPOB family members in Enugu State, today 23rd of August, 2020.

“We are surprised how Nigerian security agencies would allow their officers in their respective formations like army, police and DSS to be slaughtering our people without any provocation.

“This rampant killing of innocent members of IPOB will be reciprocated in due cause. IPOB members have been slaughtered and arrested in their numbers across different locations in Enugu State today, Sunday 23rd August, 2020.

“We must warn and put the whole world on notice that Nigerian Government and her security operatives should stop killing our people because we are peaceful organization with the mandate of restoring Biafra sovereignty within shortest period.

“Today, the Nigerian security personnel stormed IPOB meeting ground in Enugu and started shooting sporadically which consumed lives of 21 members and 47 arrested for just no cause or provocation.

“It is unfortunate that security operatives murdered innocent members and carried their lifeless bodies to unknown locations. The security in the whole world must understand that keeping quiet and following the rule of law should not be construed as weakness on the part of IPOB.

“IPOB is a well rooted movement committed fully on the pursuit for Biafra freedom and independence from Nigeria. We are not a violent group and there is nothing they can do to change our resolve to maintain peace and order in our land. The efforts of the Nigeria Government and her partners in crime in trying to push IPOB to change their tactics will amount to vanity.

“We are warning and asking Nigeria government and her security operatives to stop this atrocity immediately. Why have they refused to confront herdsmen, Boko Haram terrorists, Ansaru group, bandits, ISIS and other groups ravaging the country and busy killing innocent and unarmed citizens of IPOB?

“Those responsible for this barbaric killing in Enugu today must pay for their actions against IPOB at the appropriate time. It is laughable for DSS to be claiming that they lost 5 personnel in the hands of unarmed and peaceful people. It is clear to all that IPOB doesn’t indulge or carry arm or involve with any object. IPOB is a peaceful movement and we must remain so till Biafra is totally achieved

The Rivers State Commissioner for Information and Communication, Pastor Paulinus Nsirim has stated that contrary to the assertions in some quarters that the invitation extended to the Governor of Rivers State, Nyemson Wike by NBA for the forthcoming Annual General Conference, should be withdrawn like that of Kaduna Gov. El-Rufai, he noted that such is a misplaced contention.

Meanwhile, he stated that the Governor is a legal practitioner and a member of the body of benchers and as such, as of right, he can attend any programme of NBA with or without invitation.

“His Excellency, the Governor of Rivers State, Barrister Nyesom Wike, does not need anybody’s permission to attend a programme of the NBA. He is a member of the body of benchers and a seasoned legal practitioner.” He said.

The Nigerian Bar Association (NBA), Effurun Branch in Delta State has vowed to challenge in court, the new Company and Allied Matters 2020 Act, (CAMA) that was signed into law by President Muhammadu Buhari on August 7.

The Chairman of the NBA, Effurun Branch, Mr. Jonathan Ekperusi, made the vow during a courtesy visit to the Nigeria Union of Journalists (NUJ), Warri Correspondents’ Chapel.

Ekperusi alleged that the CAMA 2020 Act was smuggled into the law establishing the Corporate Affairs Commission (CAC) through the back door.

He said that Part “C,” which is a controversial provision of the CAMA law, gives the Registrar -General of the CAC the power to strictly regulate religious bodies including Islamic groups and charity organizations and their existence.

The Act, according to him, granted the Registrar-General the powers to suspend trustees of an association or a religions body and appoint an interim manager or managers to coordinate its affairs without recourse to a court of law.

He pointed out that this is in contravention of the fair hearing provisions of the Constitution of Nigeria.

Ekperusi said: “That’s too draconian. The CAC does not need the court again. They are now the prosecutor and the judge. No sane society should allow that to happen. That cannot stand. NBA will challenge that obnoxious law. We will approach the Court. Those sections will be struck out.”

He solicited the cooperation of Warri Correspondent’s Chapel (WCC)of the NUJ with the branch of the NBA, Effurun, in upholding the rule of law in the state and beyond.

The Chairman of the WCC, Mr. Okie’s Vikies, commended the NBA executive for the visit and pledged a good working relationship with the lawyers.

By Fola Aiyegbusi

SIR: I have been a keen observer of events in the Nigerian Bar Association since 1978, under the presidency of Chief B.O. Benson. The Nigerian Bar Association has contributed immensely to political development of contemporary Nigeria more than any other professional body in this country. The closest to it in my opinion is the Nigerian Medical Association of the Beko Ransome-Kuti years. All through the tenure of past NBA presidents, the presidency of late Mr Alao Aka-Bashorun in 1987-89 was remarkably special and widely acclaimed for its human and democratic rights campaign. He was an activist even as president. His NBA leadership took on the military administration of General Babangida on all known infractions. The NBA became the voice of the common man under him. Aka-Bashorun had good companies in late Chief Gani Fawehinmi, Olisa Agbakoba, Femi Falana and other courageous colleagues who fought the government to standstill on all issues ranging from increase in fuel pump prices to labour issues. It was like the NBA and NLC were Siamese twins.

This is in no way a prejudice or disrespect to the tenures of Fadairo, Prince Bola Ajibola, all through to Ebele Nwokoye before Aka-Bashorun. But the tenure of Aka-Bashorun was distinctly different. Maybe because he was Fela’s friend and lawyer, his life was dedicated to the common man just like Fela’s. Therefore, the interest in NBA issues grew beyond lawyers who are technically the only qualified members of the Nigerian Bar Association.

In my humble opinion, the presidential tenures of Mrs Priscilla Kuye, Chief Wole Olanipekun SAN, Mr Olisa Agbakoba SAN and Mr Rotimi Akeredolu SAN also endeared the public to the NBA and its activities. As it stands today, the issues of the NBA is beyond the NBA, especially its elections, conduct and annual conferences. It will be foolhardy for the NBA not have seen that the association has been politicised as it stands today.

And one could ask why it should not, when it is its members that are the dramatis personas in the current Nigerian political space. So if, or when the current political dispensation collapses, God forbid, the NBA should be partly held responsible. Suffice to say that the association should also be duly credited too if the political dispensation succeeds and flourishes.

Now to the issue of the annual conference invitation extended to politically exposed persons. The NBA to me is right in the first instance to have invited Governor Nasir El-Rufai to deliver a key note address at its annual conference. Almost all professional bodies do equally invite the governors of the state where their annual conferences are scheduled to hold. It is a honour done in good faith in regards to due protocols. Whatever qualifications required for other invited speakers are exclusive to the NBA. I am therefore shocked that the NBA did not envisage the backlash its decision to withdraw the invitation given to Governor El-Rufai has generated within the association. Any close watcher of events around Nigeria’s political sphere in the last decade of our democracy should expect this reaction. And the big questions are, whether NBA was right in its action to withdraw the invitation based on a petition against the invitation?

Is a person not presumed innocent until found guilty again? If the petitioners against his invitation claimed that El-Rufai has violated human rights, has he been convicted yet? Are the petitioners themselves not acting based on “ethno-tribal-political- religious bigotries”?

Are some of them not apologists of a particular opposition party and former political office holders in the previous administration?

Are their intentions genuine in restoring piece to Southern Kaduna if that were to be the main reason for the petition?

I have read the reaction of the NBA president in the media and I sympathise with the innocent man while I am shocked and surprised that he didn’t expect what he got as backlash. The association stirred the hornets’ nest with the invitation and much more with the withdrawal. I am not a lawyer, but the petition against the invitation should have been thrown out in my opinion. This would have saved the association the unnecessary distraction it had found itself. I am still at cross roads that the NBA as an association does not know it is a MINI NIGERIA, where every issue under the sun is now seen from ethno-tribal-religious and political “eyes”

Fola Aiyegbusi, [email protected].

Udora Orizu writes that the Company and Allied Matters Act 2020 which was recently assented to by President Muhammadu Buhari has received knocks from NGOs and religious groups who describe it as repressive and ungodly, while calling for an amendment

There has been unease and uproar over the Company and Allied Matters Act which was signed into law by President Muhammadu Buhari on August 7th 2020. The CAMA 2020 which has received commendations from the business community, as it is said to facilitate the ease of doing business in the country, is also faced with backlash from religious, non-governmental and human rights organisations, who are kicking against some sections of the law particularly section 839.

Following concerns on the CAMA 1990 becoming outdated, Buhari in November 2019, wrote to the Senate seeking an amendment for the Act to be repealed or re-enacted. The amendments were aimed at encouraging investments that will allow small businesses and startups thrive, lower costs and ease regulatory burdens. It also provides significant benefits to companies by reducing red tape and making it easier to comply with regulatory obligations.

In the letter read by the Senate President, Ahmad Lawan, at the plenary, he said, ”Pursuant to Section 58 of the Constitution of the Federal Republic of Nigeria 1999 as amended, I hereby forward the Companies and Allied Matters and other related matters Bill 2019 for consideration and passage into law by the Senate. The Senate may wish to note that in this bill, Section 26(5) of the extant companies and Allied Matters Act has been amended to”

”Preserve the powers of the Attorney-General of the Federation to approve the registration of companies limited by guarantee and Reflect the ease of doing business principles in a veto order (1) of 2017 on the promotion of transparency and efficiency in the business environment. While I look forward to the usual expeditious consideration and passage of this bill, please accept the assurances of my highest consideration.”

The Senate, in March 2020 passed the CAMA bill which was sponsored by the Senate leader, Abdullahi Yahaya.

Yahaya had said the bill seeks to provide for the incorporation of companies, limited liability partnerships, limited partnerships, registration of business names together with incorporation of trustees of certain communities, bodies or associations.

He said, ”The Repeal and Re-enactment of the CAMA Bill when passed to law, will have the overall effect of making the Nigerian corporate law more in tuned with today’s business realities, improve the business environment, as well as mitigate direct compliance costs for businesses in Nigeria. It is expected to reduce the minimum share capital for companies and startups in Nigeria. The introduction of e-registration system will ensure global access to registration of companies and Increase in foreign investment through the creation of a new legal entity.”

He added that the necessary amendments have been made as requested by the President. The Senate President, Ahmad Lawan, and many other senators supported its passage.

Following the passage of the Bill by the senate, and the eventual signing into law by President Buhari, it was not a surprise, that he received commendations from various stakeholders in the business community and otherwise. The new CAMA has been described by the stakeholders as Nigeria’s most significant business legislation in three decades.

A civil society organisation, Civil Society Legislative Advocacy Centre (CISLAC) described the CAMA 2020 as a law that will aid the fight against corruption, adding that the law enforcement and anti-corruption agencies had often failed to identify the real owners profiting from strategic Nigerian-registered business entities active in the oil and gas sector, defence, construction and others but with the new law, things would change.

Its Executive Director, Auwal Ibrahim Musa, noted that the absence of the enactment of the CAMA made it impossible to act on establishing a publicly available register of beneficial owners, adding that financing the Nigerian fight against corruption and poverty is sabotaged continuously by financial secrecy, which erodes national sovereignty.

Some business friendly provisions in the new law include; ”Single member and shareholder companies –S.18(2) of the new CAMA now makes it possible to establish a private company with only one (1) member or shareholder.”

”Exemption from appointing Auditors – Small companies or any company having a single shareholder are no longer mandated to appoint auditors at the annual general meeting to audit the financial records of the company. S.402 of the new CAMA provides for the exemption in relation to the audit of accounts in respect of a financial year.”

”Exemption from the appointment of company secretary – The appointment of a Company Secretary is now optional for private companies. According to S. 330 (1) of the new CAMA, the appointment of a company secretary is only mandatory for public companies.”

”Creation of Limited Liability Partnerships (LLPs) and Limited Partnerships (LPs) – The new CAMA introduces the concept of Limited Liability Partnerships (LLPs) and Limited Partnerships (LPs). This combines the organisational flexibility and tax status of a partnership with the limited liability of members of a company.”

”Reduction of Filing Fees for Registration of Charges – Under S. 223 (12) of the new Act, the total fees payable to the CAC for filing has been reduced to 0.35% of the value of the charge. This is expected to lead to up to 65% reduction in the associated cost payable under the regime.”

While the new law is a welcomed development to the business community, it has however been rejected by various Non-governmental and religious groups who believes that the unpopular NGO regulation bill was smuggled into the new law.

The organizations are seeking an amendment to the provisions made in sections 839 (1) & (2) of the law, which empowers the Corporate Affairs Commission to suspend trustees of an association (in this case, the church).

According to the new law, ”Section 839 (1) empowers the Commission to suspend trustees of an association and appoint interim managers to manage the affairs of the association where it reasonably believes that- (a) There is or has been misconduct, mismanagement in the administration of the association.”

”(b) it is necessary or desirable for the purpose of; i. Protecting the property of the association. ii. Securing a proper application for the property of the association towards achieving the objects of the association, the purpose of the association of that property or of the property coming to the association,
iii. Public interest; or (c) the affairs of the association are being run fraudulently.”

Subsection 2 provides as follows: ”1. The trustees shall be suspended by an order of Court upon the petition of the Commission or Members consisting of one-fifth of the association, and the petitioners shall present all reasonable evidence or such evidence as requested by the Court in respect of the petition.”

”Subsection 3 provides for the hearing of the petition and the appointment of the Interim Managers by the Court with the assistance of the Commission. The Interim managers are designated by the Court or the appointment of any person who cannot do as otherwise instructed without the approval of the Court.”

Rejecting the section, the Christian Association of Nigeria (CAN) in a statement on August 20th described the act as unacceptable, ungodly and reprehensible.

The association called on President Buhari to return the law to the National Assembly for amendment and stop the implementation of the law until the religious institutions are exempted from it.

In the statement issued by Special Assistant to CAN President, Pastor Adebayo Oladeji, the association said it is not against the government fighting corruption but it completely rejects the idea of bringing the church, which is technically grouped among the NGOs, under control of the government.

He argued that Nigeria should not be compared with any other nation when it comes to the relationship between the religious institutions and the government.

According to CAN, ”In Nigeria, people’s religions are tied to their humanity and of course, their life adding that the satanic section of the controversial and ungodly law is Section 839 (1) &(2) which empowers the Commission to suspend trustees of an association (in this case, the church) and appoint the interim managers to manage the affairs of the association for some given reasons.”

”The Church cannot be controlled by the government because of its spiritual responsibilities and obligations. We recall that during the First Term of the President, there was a Public Hearing conducted by the National Assembly on the Non- Governmental Organisations Bill tagged ‘Bill for an Act To Provide For The Establishment Of The Non-Governmental Organizations Regulatory Commission For The Supervision, Co-ordination And Monitoring Of Non Governmental Organizations’ which was attended by CAN and many NGOs.”

”At the Public Hearing, the Bill that sought to bring the religious organizations and NGOs under the control and influence of the government was totally rejected because it would snuff life out of the church and rank the church as a secular institution under secular control. We thought it was all over until we heard of the CAMA that was assented to by the President, making the rejected bill a law.”

”How can the government sack the trustee of a church which it contributed no dime to establish? How can a secular and political minister be the final authority on the affairs and management of another institution which is not political? For example, how can a non-Christian head of Government Ministry be the one to determine the running of the church?

”It is an invitation to trouble that the government does not have power to manage. Let the government face the business of providing infrastructure for the people. Let them focus on better health provision, food, education, adequate security employment, etc. The government should not be a busy body in a matter that does not belong to it. The government does not have the technical expertise to run the church of God because of its spiritual nature.”

The Christian body added that if the government insists on imposing the law on the Church, then, they have declared war on Christianity and the agenda to destroy the Church which we have spoken against before now is coming to the open more clearly.

On its part, the Socio-Economic Rights Accountability Project (SERAP) described the signing of CAMA 2020 as illegality and has vowed to challenge it in court.

Also, the General Overseer of the Living Faith Church, Bishop David Oyedepo, said the Federal Government should expunge the part of the Act that gives the supervising minister powers to remove the board of trustees of churches without recourse to the court.

With the ongoing criticisms trailing the new law, there seems to be hope for amendment as the House of Representatives has called on NGOs and religious institutions opposed to the new CAMA to seek an amendment to the law.

In a telephone call with THISDAY, the spokesperson of the House of Representatives, Hon. Benjamin Kalu said those who are not happy with some aspects of the Act should approach the parliament and present their complaints through the proper channels which will be presented before the House and Senate and then considered.

He appealed to Nigerians to always heed to the lawmakers invitations to public hearing and as well monitor any sector they are involved in.

He said, ”Companies Allied Matters Act didn’t not start with this 9th Assembly, it started with the 8th Assembly and it’s been on for about two years, there was enough time for recommendations to be made for the Bill before it became an Act, there was public hearing, the process of law making includes public hearing so there can be an opportunity for interested parties express themselves on what they don’t like about a particular Bill to be considered before its passage and no law is a perfect law neither are they cast on stones, there’s always a provision in the constitution for amendment of laws made by the parliament therefore if the people the law is made for have any complaints, though they were supposed to be vigilante enough to raise it at the appropriate time but it’s better late than never.”

”So the opportunity that the constitution has allowed for those who are not happy with a piece of legislation is to come via way of amendment to the law. I’m aware that a lot professionals are happy with most provisions of the CAMA bill, but there are some who considered few provisions offensive and against their expectations, there’s still an allowance for amendment to be made to it, all they have to do is to present it through the proper channels and that will be presented before the House and Senate and be considered.”

”We have amended so many laws in Nigeria this will not be first or last. All the non governmental agencies should have legal departments to know what to do and approach their various representatives to make a presentation before the House on the areas they are not happy with then go by way of amendment to the Act. So this should not cause a problem in the society at the moment. They should make use of the available opportunity created by the constitution to amend any legislation that they are not happy. However it’s important that people are vigilant, monitoring what is happening in a particular sector they are involved in.”

”This is why I always urge Nigerians to accept our invitations when we call for public hearing. Attitude of Nigerians to public hearing has always been i’t’s their business’ and then when you are indolent and something happens you now run to equity and equity says it aides the vigilante not the indolent, the message to Nigerians is that whenever there’s public hearing please be interested and make use of it to advocate your concerns.”

QUOTE

Subsection 3 provides for the hearing of the petition and the appointment of the Interim Managers by the Court with the assistance of the Commission. The Interim managers are designated by the Court or the appointment of any person who cannot do as otherwise instructed without the approval of the Court. Rejecting the section, the Christian Association of Nigeria (CAN) in a statement on August 20th described the act as unacceptable, ungodly and reprehensible. The association called on President Buhari to return the law to the National Assembly for amendment and stop the implementation of the law until the religious institutions are exempted from it

Written by Udora Orizu

The suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, at the weekend stated that the Attorney-General and Minister of Justice, Abubakar Malami, who accused him of financial impropriety in a 22-point memo to the Justice Ayo Salami-led judicial commission of inquiry, was yet to appear before the panel to substantiate his allegations as required by the law.

He said there was no interim report before President Muhammadu Buhari recommending his removal contrary to reports.

Magu alleged that the AGF, whose memo triggered the panel’s proceedings, was yet to be summoned to testify, as he who “asserts must prove.”

A statement issued in Abuja by Magu’s counsel, Wahab Shittu, said there was no truth that an interim report was submitted to the president when the panel was still taking witness testimonies.

Another counsel to Magu, Mr. Tosin Ojaomo, said going by the evidence tendered so far at the panel, Magu was exonerated, expressing hope that the suspended EFCC boss would be returned to his office.

On the AGF, Shittu asserted that: “The Attorney-General, Malami, whose memo triggered the proceedings, is yet to be summoned to testify to support the allegations against our client, as he who ‘asserts must prove’.”

He said Magu was yet to be allowed access to case files, petitions, presentations, and exhibits even as he was not allowed to present his defence.

Shittu maintained that contrary to reports of submission of interim report to the president, “proceedings are ongoing and witnesses are still lined up for next week beginning from August 24.

“We wish to confirm that the proceedings are still ongoing, and my client is yet to present his defence. We are therefore shocked at the suggestion that an interim report has been submitted to President Muhammadu Buhari. We all know that this is democracy anchored on respect for the rule of law. Central to the rule of law is the element of fair hearing

“Section 36(1) of 1999 Constitution (as amended) is explicit on this. It provides that: “In the determination of his civil rights and obligations, including any question or determination by any government or authority, a person shall be entitled to fair hearing within a reasonable time by a court or tribunal established by law and constituted in such manner as to secure its independence and impartiality.”

The statement urged those bent on prejudicing the proceedings of the panel by planting false stories in the public space to think of the interest of the country and not “prejudge our client whose commitment all along is service to the country.

“The only thing keeping our client going in spite of the desire of mischief makers to pitch him unfairly against the authorities is his conviction of his innocence.”

Shittu reiterated his earlier position that despite repeated demands, his client was yet to access a copy of the allegations against him and was only served a copy of the instrument setting up the panel on August 8, 2020, 35 days after the panel began sitting.

*Simpler market on the table

The new Director- General, Securities and Exchange Commission (SEC), Dr Lamido Yuguda, at the weekend vowed to implement strict enforcement regime and a zero tolerance regime on infractions as the new management at Nigeria’s apex capital market regulatory body seeks to improve investors’ confidence and experience in the market.

The Commission will also develop and implement strategies to make transaction process at the market simpler and flexible without compromising the integrity of the process.

Addressing his first media briefing after presiding over the first virtual meeting of the Capital Market Committee (CMC), Yuguda said the Commission would work with stakeholders to address the recurring problem of unclaimed dividend, assuring that the Commission will soon release a statement soon on unclaimed dividend.

He said his administration would emplace zero tolerance for infractions as cornerstone of its investors’ protection, noting that increased investors’ confidence and experience will lead to greater inflow of domestic funds into the capital market.

“We need to restore investor confidence and attract the retail and young investor into the market. Thus, we will ensure strict enforcement of our rules and regulations, strengthen our enforcement regime and clamp down on illegal operators luring unsuspecting investors with various Ponzi schemes,” Yuguda said.

According to him, to increase the visibility and attractiveness of the capital market, the Commission shall work towards maintaining an environment that is enabled by the appropriate regulatory framework, timely and affordable access to the market, zero tolerance for infractions, heightened investor confidence and awareness, innovative product development and good governance practices.

He assured that the new management will continue to implement the ongoing initiatives of the Nigerian Capital Market Master Plan and other related initiatives targeted at developing the capital market, noting that the new management will continuously seek ways of improving existing initiatives while introducing new ones, all to the benefit of market stakeholders.

He said the Commission would also lead discussions on the most appropriate ways to increase pension funds’ investments in the capital market.

He commended the resilience of the market and operators, pointing out that the continuous operation of the capital market during this challenging period of COVID-19 pandemic was largely due to the existence of business continuity plans of SEC, the Exchanges, Central Securities Clearing System (CSCS) as well as other operators in the market.

“One thing that was also emphasised at the meeting is the need for collaboration among market stakeholders to have a capital market of our dreams.

‘’The Commission is open to engagements with stakeholders that will foster new partnerships and strengthen our commitments towards the development and transformation of the capital market,” Yuguda said.

He outlined that his administration would remove complications and loopholes that tend to make the process of buying and selling as well as raising funds through the market cumbersome and sometimes frustrating.

He said the Commission would work with the government to create an enabling environment that allows the capital market to play its roles as the fulcrum of economic development.