Home Blog Page 901

Learn Facts — or be taken for a ride by the media

By Joe Dauda

Guess one US state the mainstream media is terribly afraid of mentioning today?

It’s South Dakota.

Better not mention South Dakota out loud because it could cause some of today’s most respected health “experts” and World Health Organization bureaucrats to lose their reputation or even lose their jobs.

These are the facts about South Dakota:

While the media was scaring everybody about the critical need to shut down the US economy in order to prevent the spread of corona virus, South Dakota never closed down. That state remained open for business and people have been going to work and living their normal lives since January; since March; since April — and the female Governor of the state has stoutly refused to force her residents to wear masks in public.

Gov. Kristi Noem

Well, based on the narrative of WHO and Bill Gates, and Dr Fauci, dead bodies should be littering the streets of South Dakota, right? But is that the case?

Fortunately for lovers of humanity and the silent majority, South Dakota has one of the lowest covid-19 figures in the United States. And the rate of recovery for the very few people who are tagged “positive” is a whooping 89%. That means, only one in 10 covid-19 patients fail to recover.

And it is not as if the Governor of South Dakota was careless: not at all. She focused on old people — who were more at risk — advised South Dakotans to be smart, and kept her eyes on trouble spots for quick mitigation efforts. You need to see a video of this bold woman on a big, beautiful, brown horse, wearing cowboy boots and holding the American flag over her head while declaring an indoor sporting event open.

Note that, if, heaven forbid, people had been dying in South Dakota, you can be sure that the mainstream media would have temporarily transferred their headquarters there to celebrate the “good” news.

No wonder you don’t hear anything about South Dakota or Governor Kristi Noem. Details about that state can cause people to begin to ask questions neither Bill Gates nor his buddies will be able to answer.

If it depended on me, I will listen to the science, ignore the politics, and focus on old people — including those with respiratory and other acute conditions — while allowing the economy stay open and staying braced for hot spots.

I believe covid-19 is real;

I also believe that some powerful people are deliberately hyping the figures for some nefarious purposes.

As at 23rd July 2020, these are the facts concerning a South Dakota that never shut down:

Covid-19 cases — 8, 143

Covid-19 Recoveries — 7, 214

Covid-19 Deaths — 121

Active Cases — 808

An active case simply means you once tested positive and you have not tested negative as at the time this data was collected.

People Currently on admission — 50

Note:
The age range of the two residents of South Dakota that died yesterday to make the number of deaths 121 was 80+. Both of them were more than 80 years old. Covid or no Covid, these two residents were already close to their graves and could have been taken out by flu or anything.

And don’t let anybody tell you that South Dakota is not actively testing.

Total Negative Tests as at yesterday is 94, 393.

The Nigerian government and the Nigerian CDC must bear these facts in mind before precipitously ordering another lockdown that will just cause more people to suffer economic hardship.

Reps to provide funds for gender based violence fight in 2021 budget

The Speaker of the House of Representatives, Femi Gbajabiamila has said the Green Chamber would provide funds for the fight against Gender-Based Violence (GBV) in the 2021 budget to be presented to the National Assembly in September.

Gbajabiamila said apart from budget funds, the House would also provide all necessary support as well as partner with relevant stakeholders for the fight against GBV to succeed.

The Speaker said this in response to a request by the Country Representative of the United Nations Population Fund (UNFPA) in Nigeria, Ulla Elisabeth Mueller, who led a delegation of United Nations (UN) and European Union (EU) Spotlight Initiative on a courtesy call in his office in Abuja on Wednesday.

He noted that the issue of gender-based violence in the country has become disturbing hence the need for all stakeholders to come together to nip it in the bud.

Gbajabiamila also assured the delegation that the House would work on the Sexual Harassment Bill forwarded to it by the Senate as soon as members return from their annual recess.

“You talked about the Senate Bill, though we’re going on a long vacation, I can assure you that as soon as we come back, the House will work on the bill,” he said, noting that after due diligence, the Green Chamber will “speedily concur with the Senate.

“On the issue of funding, like I said, it’s like a pandemic. There’s no way you can confront a pandemic without funding. The budget is coming in September, and once it comes, we’ll make sure adequate funding is provided for this issue.

“On the issue of domestication of the VAPP 2015 and the Child’s Rights Act, my office has done a lot. We had a conference with the Speakers of the State Assemblies. The Chairman of the Conference of Speakers promised that they would domesticate it in Bauchi, and I’m glad to say that it has been done.

“We’ll continue to engage with others to see that they domesticate the laws. This is something we’re championing, and we’ll continue to do that. For us in the House of Representatives, we’re giving this issue all the seriousness it deserves”, the Speaker stated.

Gbajabiamila also said the issue of gender is prominently featured in the Legislative Agenda of the House, a new version of which would be launched on Saturday.

The Speaker commended members of the delegation for the work they have been doing, expressing optimism that there would be a sustained partnership between them and the House to end gender-based violence in Nigeria.

Earlier in her remark, the leader of the delegation, Mueller, said everybody has the responsibility to say no to gender-based violence taking place in Nigeria and work toward ending same.

She said they would advocate for a budget line to be committed to the fight against gender-based violence, noting that the House should also ensure that the funds are released accordingly when appropriated.

As part of their work, she said they were
working on a concept to organise engagements with different stakeholders including Speakers of State Assemblies.

Reps Declare Bureau Of Public Procurement Illegal

By Orkula Shaagee – Abuja

The House of Representatives has described the Bureau of Public Procurement (BPP) as  an illegal institution and therefore, called on President Muhammadu Buhari to set up a National Procurement Council.



The House, in a motion sponsored by Unyime Idem (PDP-Akwa-Ibom), urged the President to constitute a Procurement Council in line with the  extant law.

Idem told the House that “Section 1 of the Public Procurement Act, 2007, provided for the establishment of the National Council on Public Procurement to supervise the activities of the Bureau of Public Procurement and carry out other functions such as to consider, approve and amend the monetary and prior review thresholds for the application of the provisions of this Act by procuring entities, consider and approve policies on public procurement, approve the appointment of the Directors of the Bureau, receive and consider, for approval, the audited accounts of the Bureau of Public Procurement, approve changes in the procurement process to adapt to improvements in modern technology and give such other directives and perform such other functions as may be necessary to achieve the objectives of this Act”.

He said “Section 1 (2) provides for the constitution of the National Council on Public Procurement which shall consist of the Minister of Finance as Chairman, the Attorney-General and Minister of Justice of the Federation, the Secretary the Government of the Federation, the Head of Service of the Federation, the Economic Adviser to the President”.

The Council was also to consist of six part-time members to represent: Nigeria Institute of Purchasing and Supply Management, Nigeria Bar Association, Nigeria Association of Chambers of Commerce, Industry, Mines and Agriculture, Nigeria Society of Engineers, Civil Society, the Media and the Director-General of the Bureau who shall be the Secretary of the Council.

“The essence of the National Council on Public Procurement is to ensure that the Bureau of Public Procurement carries out its functions based on transparency, competition, integrity, and ensuring bets value for money.

Other essence of the National Council on Public Procurement was to help check fraudulent practices in the award of public contracts through inflation of contract costs, poor project prioritization, poor budgeting process, and other manipulations of procurement and contract award processes”.

He expressed worries that “13 years after the Public Procurement Act was passed and signed into law, the National Council on Public Procurement has not been constituted thus contravening section 1 of the Public Procurement Act”. He worried that “the constitutional functions of the National Council on Public Procurement have been taken over by the Federal Executive Council”, as he said that he was “saddened that the absence of the National Council on Public Procurement, has weakened public engagement and involvement in the procurement process being the focal point of corruption in the public service.

It has also eroded and relegated to the background its core function of regulating the activities of the Bureau of Public Procurement responsible for monitoring and over-sighting public procurement and harmonization of existing government policies and practices”. He said he was “devastated that the Bureau of Public Procurement as is presently constituted is illegal and was done in flagrant disobedience to the provisions of the Public Procurement Act. Specifically, Section 2 (c) of the enabling Act states that the National Council on Public Procurement shall have the powers to appoint Directors of the Bureau for Public Procurement.

The bill, also said section 5 (3) states that the Bureau shall formulate the general policies and guidelines relating to public sector procurement for the approval of the Council.

The absence of a substantive Council has made these very important functions to be at the behest of the Federal Executive Council”. He said he expressed optimism that “the National Council on Public Procurement which will be made up of men and women of proven integrity, will ensure due process in the award of contracts, eliminate corrupt practices in the procurement process”. He said he was” hopeful that a properly constituted and inaugurated National Council on Public Procurement will further strengthen and institutionalize the fight against corruption which has become a recurring decimal to the development of Nigeria”.

The House adopted the motion in its entirety, mandating the Federal Government to, as a matter of urgency set up the National Council on Public Procurement (NCPP) to actively coordinate the activities of the Bureau of Public Procurement and give full effect to the Act.

The House, also mandated “the Federal Government to immediately dissolve the existing composition of the Bureau of Public Procurement as it was not properly constituted”.

It also mandated “the House Committee on Public Procurement to liaise with the Federal Government to ensure compliance and report to the House within two weeks”.

Aisha Buhari condemns gender based violence, bags “Icon of Leadership Award”


Nigeria’s First Lady, Dr. Mrs. Aisha Muhammadu Buhari has condemned the spate of Gender Based Violence while commending the wives of State governors for their advocacy on the menace.

Expressing dismay on the rise of gender based violence in recent times, the First Lady acknowledged that the advocacy of State Governor’s wives and other stakeholders has reduced the fear of stigmatization among victims, enabling them to come out and report incidences affecting them.
 
She was speaking during the 2020 Annual First Lady’s Forum for Wives of Executive Governors, organized in collaboration with CTP International, on Wednesday, 22nd July, 2020.
 

Mr. Kachi Okezie presenting the award to Dr. Haji Sani who represented the First Lady


“The massive increase in reporting rape cases across the country does not necessarily signify an increase in the spate of rape cases, rather, it indicates that the advocacy embarked upon by first ladies is working, for this, they should be commended” she said.
Mrs. Buhari was represented by Dr. Hajo Sani, Senior Special Assistant to the President on Women Affairs and Administration.
 
Mrs. Buhari was optimistic that the rich presentations will add value to the advocacy and humanitarian work of the wives of the governors, saying it has provided them an opportunity to learn, share knowledge and experience as well as improve their operational skills and competencies for a successful and sustainable tenure.


 
She also commended the Institute for Leadership Development for inducting wives of governors and herself into the fellowship of the Institute (FILD) as well as receiving an “ICON OF LEADERSHIP” award, saying “this will inspire me to do more and I dedicate this award to the women and the vulnerable people of Nigeria wherever they may be.”
 
Speaking earlier, Mr Kachi Okezie of CTP International said the event was the second in the series initiated by the First Lady in furtherance of her vision of forging and nurturing an inclusive relationship with the wives of all the state Governors. He said the participants will sharpen their soft and hard skills related to their important positions as opinion leaders and mothers of their respective states.
 
Speaking about the induction of wives of governors as Fellows of the Institute of Leadership Development (FILD), Mr Okezie said it was done in recognition of the good work they have been doing in their various states.
 
He also presented a letter of award of “ICON OF LEADERSHIP” in favour of the First Lady of Nigeria, Aisha Buhari; the letter, which was signed by Dr Anna Vanderpuye, Vice President of the Institute, noted that:
 
“In addition to drawing attention to the plight of the poor and using your charitable foundation, the Aisha Buhari Foundation and Future Assured Program, to bring about positive outcomes for the less privileged in the society, you have made some significant contributions to the social development of the Nigerian society, which the institute hereby recognizes”
 
The 2- day event was well attended by wives of governors virtually.
 

 

‘PAY YOUR PENSIONERS NOW,’ COURT ORDERS NNPC

The National Industrial Court in Lagos has ordered the Nigerian National Petroleum Corporation (NNPC) and NNPC Pension Fund Limited to pay harmonised pensions to NNPC retirees. Justice Elizabeth Oji gave the two defendants 90 days within which to comply with the order, while also awarding N20,000 costs against them.

The judge made the order in a judgment delivered on Monday, which was obtained by a national newspaper yesterday.

She upheld the prayers made by the claimants, Dr. Ikechukwu Nwobodo and 13 others, through their counsel Adeleke Agboola, in a suit marked NICN/LA/329/2019. The judge directed the firms to pay the harmonised pension to the claimants from January 1, 1997 till date, in accordance with Section 173 of the 1999 Constitution.

The NNPC had contended that the payment of pension should be based on ‘affordability and sustainability.’ But, rejecting the argument, Justice Oji noted that a Federal Government Civil Service Circular in 1998 directed all government departments to implement harmonised pensions for public service retirees.

The judge held: “The defendants are hereby directed to pay to the claimants forthwith all accrued pensions calculated with effect from 1st of January, 1997 on emoluments currently earned by their serving counterparts …and subsequently all such pensions and when due.

“The defendants’ decision to pay the claimants pensions on the basis of ‘affordability and sustainability’ or ex gratias is ultra vires, null and void.

“The defendants are hereby directed to comply fully with the provisions of Sections 39 of the Pension Reform Act… and to fully fund the pension scheme in accordance with the directives of National Pension Commission.”

The full text of the judgement is available here.

WHAT HAPPENS TO A COMPANY, WHEN ALL SHAREHOLDERS AND DIRECTORS ARE DEAD? Daily Law Tips (Tip 617) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Search for: 

WHAT HAPPENS TO A COMPANY, WHEN ALL SHAREHOLDERS AND DIRECTORS ARE DEAD? Daily Law Tips (Tip 617) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Share on facebookShare on googleShare on twitterShare on linkedin

The persons that own shares in a company are called shareholders and they are the real owners of the company. They are liable for the profit and loss of their company. A director of a company is a person appointed by a company to direct and manage the business and affairs of the company. Directors of a company are the eyes, mouths, hands and legs of the company through which the company operates. Hence, Directors are the gate keepers and foot soldiers of shareholders. A director can also be a shareholder.

Every company must have at least two (2) directors at all times. Where the number of directors falls below two (2), then the company must appoint another director within one (1) month and shall not continue business unless such appointment is made. Where for any reason, all shareholders and directors of a company are dead, what happens to the company? Who will take over the business and affairs of the company? Who will appoint new directors and shareholders?

Companies and Allied Matters Act 1990 is a federal law that governs formation, management and dissolution of companies in Nigeria, through a federal agency; the Corporate Affairs Commission (CAC). Going by the provision of the federal law, where all shareholder and directors of a company are dying (or dead), any of the personal representatives of the dying or dead shareholders shall be able to apply to the court for an order to convene a meeting of all the other personal representatives of the dying or dead shareholders entitled to attend and vote at a general meeting, for them to appoint new directors to manage the company.

If the personal representatives of dying or dead shareholders of a company fail to convene a meeting, the creditors of the company are empowered to do so. The death of all directors and shareholders of a company is not the death of the company rather a call for change of ownership and management of the company. This further shows that truly companies are separate legal beings different from their owners (shareholders), directors, workers and agents.

My authorities are:

1. Sections 244, 246 and 248(2) of the Companies and Allied Matters Act, 1990.

#SabiLaw

#DailyLawTips

#SabiBusinessLaw

#SabiElectionLaws

#SabiHumanRights

#SabiLawOnBeatFm

#SabiLawLectureSeries

#CriminalJusticeMonday

#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this topic or any other via [email protected] or [email protected] or +2348037665878. To receive our free Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws, Instagram: 

@LearnNigerianLaws and Twitter: @LearnNigeriaLaw

Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted.

This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

Powered by www.LearnNigerianLaws.com {A Free Law Awareness Program of Sabi Law Foundation, supported by the law firm of Bezaleel Chambers International (BCI).}

FORGET HOLLYWOOD & NOLLYWOOD: IN NIGERIA, MARRIAGES CANNOT END BY SIGNING OF DIVORCE PAPERS. Daily Law Tips (Tip 616) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

“Yes, Clement. I am tired of you and our marriage. Here are divorce papers from my lawyers, sign it and let us go our ways. I am done with you.” This is a common line for divorce of English marriages in movies both in Hollywood and in Nigerian movies (Nollywood). While this line may be a reality and possibility in some countries, in Nigeria it is not; the line exists only in the movies.

Contrary to what movie directors will sell to you, English marriages in Nigeria are never ended by simply signing divorce papers. As a matter of fact, for divorce (dissolution of marriage) in Nigeria, there are no divorce papers or forms to be signed, rather sets of court processes followed by rigorous court hearings in High Courts.

Unlike in the movies, there is no easy way out of an English marriage in Nigeria. Parties (husband and wife) cannot even on their own terminated their English marriage or go to an arbitrator to quicken their dissolution of marriage. It is only a High Court of a state or of the Federal Capital Territory (FCT) that can dissolve an English marriage after hearing from parties and finding that their marriage has broken down irretrievably. This is the law and has not changed.

Generally, there are two types of marriages in Nigeria. Both of them are: Traditional Marriage (also known as native, local and customary marriages) and English Marriage (court, statutory, church and white marriages). Both marriages are valid, lawful and legal in Nigeria with their different benefits, rights and duties.

English marriage is one man to one woman but traditional marriage is one man to more than one wife. Each type of marriage has processes and procedures for conducting it, performing it and even dissolving it, for it to be valid.

By the way, terminating a traditional marriage is easier and entails return of bride price by the family of the bride or a demand for return of bride price by the family of the bridegroom. And, also there is the barbaric ejection of the bride from her home by the bridegroom or the family of the bridegroom. By the way, note that ejection of a spouse from his/her home is now a criminal offence punishable with imprisonment for not more than 2 years or fine of not more than #300,000.00 or both. Mere attempt to eject a spouse is also a crime.

To terminate (dissolve) an English marriage, either of the parties (husband or wife will be a Petitioner) must file a petition in a State High Court or that of the FCT, personally or through a lawyer and have court processes (documents) served on the other party (Respondent). The Respondent will in turn file his response in court, personally or through his lawyer. Then, on an assigned dates both parties will appear in court for the fate of their marriage to be determined by a judge.

A person seeking divorce must first prove that there is a valid marriage and that the marriage has broken down so badly that it cannot be reconciled, recovered, mended and condoned, and that it is impossible to expect parties to continue in the marriage. During divorce cases, there will be several adjournments and the whole case may take more than three (3) years to be concluded. Note that, there is no specific period or duration for any case in Nigeria to be concluded, except for election cases.

After a divorce case is successful, the court will grant a temporal order (Order Nisi) and if after three (3) months there is no objection to such or parties do not reconcile, the court will transform the Order Nisi to an Order Absolute. With an Order Absolute, divorce is complete and parties are free again. They are once again a bachelor and a spinster ready to marry another persons.

I am not unaware of the queer practise, where after one or two sittings of courts in divorce cases, parties meet in person or through their lawyers to fastback their case. In this practice, parties and their lawyers in the pretence of seeking reconciliation, rather seek to mediate for fast divorce proceedings and agreed settlement packages like maintenance and custody of children. In such meetings, both parties agree to some level of conditions that will allow court to divorce them quickly and avoid raising objections and delays.

Also, some judges even accept signed “terms of settlement” from such parties and quickly move to enter judgment divorcing parties starting from an order nisi and then after three (3) months transforms to an order absolute, marking the completion of divorce exercise (proceedings). In a system that puts undue pressure on judges, evaluating judges by number of judgments they deliver over a given periods, some judges don’t mind this queer divorce proceedings/practise, that is unknown to our laws.

Family being the nucleus of society and the most important institution, courts are not quick to dissolve marriages. However, courts will not allow toxic marriages to continue. The court has a discretion to dissolve or refuse to dissolve a marriage after evaluating evidence placed before it.

Marriage is for adults and English marriage is not easy to end in Nigeria. If you believe you can get out of a marriage like getting out of a friendship/courtship, then think again and stop watching too many movies. Until there is an order of court declaring a marriage dissolved, there is no divorce.

By the way, I encourage movie directors, actors and script writers to always engage lawyers to read through their materials and ensure it rhymes with the realities of our society and laws. There is need to avoid portraying no truth or half-truths; movies watchers must learn the true realities of our society through the factual lens of cameras.

My authorities are:

1. Sections 1, 2, 33 , 34 and 35 of the Marriage Act, 1914.

2. Sections 2, 12, 15, 35, 54, 56, 58, 59, 60, 61, 67, 69 and 86 of the Matrimonial Causes Act, 1970

3. Sections 9(1), 9(2), 47 and 48 of the Violence Against Persons (Prohibition) Act, 2015 and similar laws across states in Nigeria.

4. The Supreme Court’s judgement (on Order Nisi and Order Absolute) in the case of AMOBI v. NZEGWU & ORS(2013) LPELR-21863(SC)

5. The Supreme Court’s judgement (on how to avoid Order Nisi from being an Order Absolute) in the case of BHOJWANI v. BHOJWANI (1996) LPELR-778(SC)

6. The Court of Appeal’s judgement (on Divorce Proceedings) in the case of BAKAU v. BAKAU (2013) LPELR-22687(CA)

7. The Court of Appeal’s judgment (on Divorce Proceedings) in the case of UZOKWE v. UZOKWE (2016) LPELR-40945(CA)

#SabiLaw

#DailyLawTips

#SabiBusinessLaw

#SabiElectionLaws

#SabiHumanRights

#SabiLawOnBeatFm

#SabiLawLectureSeries

#CriminalJusticeMonday

#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this topic or any other via [email protected] or [email protected] or +2348037665878. To receive our free Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws, Instagram: 

@LearnNigerianLaws and Twitter: @LearnNigeriaLaw

Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted.

This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

Powered by www.LearnNigerianLaws.com {A Free Law Awareness Program of Sabi Law Foundation, supported by the law firm of Bezaleel Chambers International (BCI).}

COVID-19 safety protocols and the growing disdain by Nigerians, By Isaac N. Obasi

It is becoming very worrisome these days to see many Nigerians on television and other public places jettisoning the required safety protocols (particularly social and physical distancing) for stopping the spread of coronavirus (COVID-19). There is indeed a growing disdain by both the privileged class especially the Very Important Persons (VIPs) and the masses who take a cue from them, in spite of the high volume of risk communication messages directed at all Nigerians on a daily basis through a multiplicity of media channels. 

Unfortunately, this flagrant disregard of the safety protocols is happening at a time when new cases of COVID-19 infections are steadily on the rise. It is as if many Nigerians want to return to their normal lives by force without following the existing safety guidelines that would make such desired normal lives safer and more meaningful. 

Not too long ago (precisely in this month of July), two governors (one former and the other still serving) flagrantly violated the COVID-19 safety protocols at two different airports. As Nairametrics (15 July 2020) reported (in one of the cases), “the management of the Federal Airports Authority of Nigeria (FAAN)…strongly condemned the conduct of the former Governor of Zamfara State, Alh. Abdulaziz Yari, for blatantly violating the Public Health procedures (COVID-19) on travels at the Malam Aminu Kano International Airport”. The report also said that the former governor “reportedly refused to adhere to the protocols by forcefully pushing away an officer of the Environment Department when he (the officer) insisted that his (former governor’s) luggage must be disinfected”. Then in the true nature (acting with impunity) for which Nigerian public officers are well known for, FAAN reported that “the former governor said the officer should have known he is a VIP. This irresponsible act”, FAAN rightly concluded, “endangers all other airport users, it is unacceptable”. (See https://nairametrics.com/2020/07/15/faan-condemns-fmr-gov-yari-misconduct-at-kano-international-airport/). (Emphasis in bold italics ours).

In the second case, reported by Premium Times (16 July 2020) and titled ‘COVID-19: FAAN berates another Nigerian governor for violating airport protocols’, Premium Times reported the case vividly as follows: 

“The Federal Airports Authority of Nigeria, FAAN, has again condemned the conduct of a governor, this time, the Governor of Adamawa State, Ahmadu Fintiri.

“Mr Fintiri was alleged to have violated public health protocols on COVID-19 at the Port Harcourt Airport on Tuesday. The governor was said to have refused to have his temperature checked or be sanitised by health officials. FAAN noted that the governor’s entourage did exactly as the governor did as the team that came to receive them drove through the barricades up to the terminal building, ignoring traffic and aviation security instructions. The agency said such acts of irresponsibility displayed by the governor and his entourage endangers the lives of other airport users, adding that it is unacceptable. “FAAN called on airport users, especially VIPs, to adhere to the protocols and procedures on COVID-19 prevention”. (Emphasis in bold also ours). (See https://www.premiumtimesng.com/news/more-news/403250-covid-19-faan-berates-another-nigerian-governor-for-violating-airport-protocols.html

In the third case for our illustration, TheCable (2 July 2020) reported:

“On June 16, Akeredolu, who is seeking another term, submitted his expression of interest and nomination forms at the APC national secretariat in Abuja. Before heading to the headquarters of the ruling party, the governor was seen in the midst of the lawmakers who sang his praise. Neither the governor nor the lawmakers observed the safety protocols listed by the Nigeria Centre for Disease Control (NCDC). They did not wear face masks or maintain social distance in the video of the event which has since gone viral. “Shortly after, Akeredolu sneezed on his palm, one of the lawmakers reached for his hand which he raised high as others acknowledged the governor who beamed with smiles. Two weeks after the incident, the governor announced that he had tested positive for COVID-19 and directed members of his cabinet to self-isolate and also go for test”. (See https://www.thecable.ng/sources-four-lawmakers-in-video-where-akeredolu-sneezed-refuse-covid-19-test-despite-falling-ill

This column had in the past decried the psychology behind the careless attitude of not following the safety guidelines against the spread of the COVID-19 by top government officials. The impunity with which they disregard the social and physical distancing protocols gave the false impression that such people have immunity against the virus. In one of the articles titled: ‘COVID-19 risk communication and Nigerians’ poor compliance with the guidelines’ (See Sundiata Post, 24 June 2020, via https://sundiatapost.com/covid-19-risk-communication-and-nigerians-poor-compliance-with-the-guidelines-by-isaac-n-obasi/), we argued that in spite of all the numerous risk communication efforts by the government, private sector organisations and international development partners in Nigeria, there are no significant changes in the attitude and behaviour of the people towards complying with the guidelines for containing the spread of the ravaging coronavirus (COVID-19). 

Consequently, we argued then that one major reason why many Nigerians are not complying with the COVID-19 safety guidelines is the low level of public trust in our governance system. And we also maintained that a key factor accounting for the low level of people’s trust in the government is lack of leadership-by-example, as exemplified by the wide abuse of powers by public officers. 

Put differently, those in power do not practise what they preach hence many people take a cue from that. For example, laws which are meant to be obeyed by everyone are not obeyed by many of those in power, as they see themselves being above the law. Another major reason for low level of compliance is weak enforcement of laws and the safety guidelines. 

Happenings in recent weeks suggest that both of these causal factors are becoming very pronounced. Both impunity of actions by those in power and their families, and weak enforcement of safety protocols in public places, have lowered the compliance level more, as people now show utmost and flagrant disdain without qualms. There are two areas of societal lives where these flagrant disdain are becoming more pronounced these. 

The first is in the organisation of, and attendance to, wedding ceremonies. Take the case of the son of the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, whose wedding activities violated the social gathering requirement of the guidelines which allows only 20 people to be in attendance. As the video of the ceremony circulated in the social media shows, this rule was very flagrantly violated, and unfortunately the large gathering remains a purveyor of the spread of COVID-19. 

Again, the physical distancing requirement of the guidelines, was also flagrantly violated, as the large crowd in attendance made such impossible to observe. So far, we have not heard of any sanction for this violation unless perhaps we missed hearing such. This singular act emanating from the home of such a highly placed public officer is capable of creating ripple effects thereby multiplying the virus more. 

We are aware that the government still expects religious bodies to keep to this aspect of the guidelines. In fact, many families have kept the wedding reception (social aspect) of their children’s wedding ceremony in abeyance after they had done the religious aspect in the Church in compliance with the guidelines. So why is it difficult for some others to do the same?   

The second area of societal life where there is increasing disdain for the safety protocols is with respect to burial ceremonies. Across the country, people have found it difficult to comply with the NCDC guidelines of allowing 20 people also in attendance during burial ceremonies. Starting with the burial of Malam Abba Kyari (Chief of Staff to President Muhammadu Buhari), the flagrant disdain and blatant violation has continued, through the burial of late Senator Abiola Ajimobi (former governor of Oyo State) which was smartly (or is it disguisedly)  managed, to the most recent (only few days ago), during the burial of Malam Isa Funtua. In these and many others not classifiable as VIPs, the story is the same about flagrant violation of NCDC safety protocols. Then who are these safety protocols meant for, (the masses perhaps)? This is not how to build a society of law and order.

As President Muhammadu Buhari rightly pointed out in his address on the extension of the COVID-19 pandemic lockdown on Monday, 13 April 2020, “the irresponsibility of few can lead to the death of many”. It can also be very aptly said that the ‘freedom’ of these highly placed Nigerians ends where other people’s rights begin. 

The worrying question is: who will rescue Nigeria from the flagrant acts of impunity in high places since President Buhari has not been able to achieve this in his presidency? Just look at what is happening in the Niger Delta Development Commission (NDDC) and at its investigations at the National Assembly? It is just the story of Nigeria’s governance system everywhere with probably no exception. Any where there is an investigation or probe, the same revelations are likely to be made.

•Prof. Obasi, a public policy expert (& former columnist in the Daily Trust, Abuja, March 2003 to October 2006, & Daily Champion, Lagos, April 2005 to December 2008), is of the Department of Public Administration, University of Abuja. Email: [email protected]

Senate wants NDDC’s N4.9 billion refunded; indicts Niger Delta Ministry

The Senate has asked that a total of N4.923 Billion payment made to staff and contractors in breach of procurement process and approvals in the Niger Delta Development Commission (NDDC) should be refunded to the Federation Account with immediate effect.

The amounts to be refunded include payments made to staff for Overseas Travel to the United Kingdom, N85.7 Million; Scholarship Grants, N105.5 Million; Union Members Trip to Italy, N164.2 Million. Others are releases for Lassa Fever Kit, N1.96 Billion; Public Communication N1.12 Billion; and Covid-19 Relief, N1.49 Billion.

On the controversial Forensic Audit, the Senate resolved that for the audit to achieve the purpose for which it was set up and inspire confidence in the operational and financial processes of NDDC, oversight of the audit should be transferred to the Office of the Auditor General of the Federation.

“This will guarantee independence, credibility, transparency and professionalism in the output of the exercise. Furthermore, the Committee recommends that the President with advice from the Auditor General should appoint a renowned, internationally recognized Forensic Auditor to carry out the exercise” the Upper Legislative House suggested.

On allegations of blackmail by the NDDC Management against members of the National Assembly on contract awards, the lawmakers insisted on investigations by the Senate Committee on Ethics and Privileges.

The Senate also recommended that all expenditures on historical contracts and obligation e.g Hotels, court judgement etc should be refunded as payments are not provided for in the budget.

Other details of the Senate resolutions on NDDC in the areas of:

▪︎Corporate Governance and Executive Management: Reconsideration of Executive Oversight:
For the purpose of consistency and equality of policy, there is a need to review the inconsistencies and differences in the apex control of these development commissions. In retrospect, the original arrangement of putting these commissions in the Presidency should be carefully reconsidered to allow for direct Presidential oversight in view of the huge public resources allocated to them. Section 7 (3) of the NDDC Act already provides for this Presidential supervision.

▪︎Appointment of the Board of Directors: The absence of a Board of Directors at NDDC created a major lacuna of oversight. The Ministry of Niger Delta is culpable of negligent supervision and could not function as effectively as a board would have done.

Therefore, the committee strongly recommends that the President should activate the statutory provisions in the Act and the Board of Directors validly nominated and call for fresh nomination for confirmation by the Senate.

▪︎ Inauguration of Other Accountability Mechanisms: The Monitoring Committee and the Advisory Councils should also be inaugurated along with the Board of Directors as provided in Sections 20 and 21 of the NDDC Act.

This is necessary to ensure that there are sufficient checks and balances in the internal affairs of the NDDC.

▪︎ Improvement of Governance/Processes:
The new Board should be made to undertake a review of the existing governance framework, with attention to upgrading the way and manner the board executes its mandates, with a view to re-establishing a new culture in the organization. The review must bring order to the workings of the management and their control of the organization.

This is necessary for the improvement of the structures and processes of the NDDC especially having witnessed two interim managements with seemingly loss of control on project and staff expenditure.

▪︎ Financial Accountability and Framework Review: Restoration of a Budget-Led system – The NDDC Management must henceforth promote the use of its approved annual budget as the principal instrument and authorisation for all its expenditures.

The testimonies from Public Hearing gave sufficient insight into NDDC’s disregard for its budget, as several expenditure items were done without reference to budget provisions. As at the time of writing this report, the Adhoc Committee’s request for a report of budget performance from the NDDC has not been provided.

▪︎ Submission of Quarterly and Annual Performance Report: That NDDC be reminded of its responsibility to submit its Quarterly and Annual Performance Reports as and when due as stipulated in Sections 19 and 20 of the NDDC Act. Such submission must also be duly passed to both houses of the National Assembly as stipulated in the law.

▪︎ Strengthening OF Procurement Process: That the NDDC must strengthen its procurement department through appropriate staff engagement (e.g. by appointing staff with procurement chartered status), staff training and formulation of appropriate industry rated internal control measure specifics to procurement function to forestall sharp practice in its bids and tender process.

▪︎ Business Process Re-engineering (BPR):
That NDDC should be made to undertake a thorough and substantial Business Process Re-engineering (BPR) without prejudice to the much- awaited Forensic Audit, covering its areas of operation thus:
Review of Operation and Processes.
Standard Operating Procedure (SOPs) in the Commission must be reviewed upgraded, reinstituted with full documentation and formal trainings conducted, then translated into readable materials and manuals for guidance of current and future of the Commission.

That NDDC must engage a new governance system around projects and contracts from advert to award and then to delivery. This involves the pre and post-implementation step to be taken for an effective delivery of projects.

▪︎ Review of Financial/Accounting Processes: That NDDC must review its financial system to ensure its adequacy in terms of controls and flexibilities with a view to ensuring that a robust financial report is produced out of the system at all times.

This reform will also ensure that all compliances measures that fosters governance and accountability traits are captured in the system in form of coding of transactions, hierarchy and secured access/control.

▪︎ Review of Human Resources Policy
That the management must agree a policy to refocus the staff, and management of the NDDC based on its core mandate. This will be a blend of human resource reform and training. This reform must lead to a robust organogram based on staff need, it must also cover the engagement of staff, staff orientation mandate, appraisal systems and eventually severance of work relationship.

▪︎ Instituting Performance Based Organisation: For NDDC to deliver on its mandate, it must immediately imbibe some of the processes associated with high performing organisations. These include target setting for employees, performance appraisal linked to reward system and the evolution of a new corporate culture.

Present attitude that tends to view the NDDC as a source of easy money must be discouraged. This attitude is also closely tied to the narrative that has characterised succeeding management. It is akin to a self-fulfilling prophesy that has in itself led to a vicious circle that seems to suggest “we are financially imprudent because we operate in an environment of siege where we must continuously appease our stakeholders”

But doing this as they deprive the region of the needed development which also reinforces restiveness and creates the siege environment. This circle must be broken through a new culture and awareness by which the Board and Management of NDDC understands its responsibility to engender a new thinking and strong focus on infrastructural development of the region. A new approach to human resource management is desired.

▪︎ Enhancement of Internal and External Audit capacities: That management must review the Service Level Agreement they currently hold with their external auditor with a view to making a change of auditor. There is a lot of merits in our opinion, to change the external auditor, given the level of systematic failures already listed in this repot, some of which should have been resolved by an effective audit regime.

▪︎ Review of Corporate Social Responsibility Policy (CSR): That the management embark on a CSR review to restructure and reshape NDDC’s social responsibility to its staff, community and the public at large in order to properly ensure an equitable and responsible delivery of these responsibilities without losing focus of its corporate mandate. The scope of this review should include condolences, community relations and stakeholders engagement.

What pained Air Chief most about Heroine Tolulope’s death as she goes home in style despite Covid-19 restrictions

Unknown to many, the Chief of Air Staff, Air Marshal Abubakar Sadique, was personally saddened by the sudden death of Flying Officer Tolulope Arotile because his well laid out plans to make her one of his finest flying officers and move her to the Presidential Air Fleet, was truncated by the alleged careless driving of one of her friends.

Everyday.ng learnt from an insider that he took her under his wings as soon as she opted to be a combat helicopter fighter because it is also his own speciality.

It was gathered he intentionally facilitated her foreign trainings as part of his grand design for a determined young lady he considered a daughter.

“So, when conspiracy theorists began to read meanings and weave stories around her unfortunate passing, he was really pained,” the source volunteered.

Heroine Tolulope was killed in a freak car accident by one of her excited former schoolmates who reversed into her, knocking her down fatally.

Meanwhile, giving details of the burial ceremony, the Air Force reported that its chief spoke knowingly of the late female air combatant.

In a statement titled, NAF LAYS BODY OF FIRST FEMALE COMBAT HELICOPTER PILOT, FLYING OFFICER TOLULOPE AROTILE, TO REST AT NATIONAL MILITARY CEMETERY ABUJA, Air Commodore Ibikunle Daramola, the Director of Public Relations and Information, Nigerian Air Force wrote:

The Nigerian Air Force (NAF) today, 23 July 2020, laid to rest the body of late Flying Officer Tolulope Arotile, the NAF’s first female combat helicopter pilot, who died on 14 July 2020.

The burial Ceremony, which was conducted with full military honours, was held at the National Military Cemetery, Abuja with restricted attendance in compliance with COVID-19 protocols.

Salute to a departed Heroine

The Honourable Minister of Defence, Major General Bashir Magashi (Rtd), represented by the Permanent Secretary Ministry of Defence, Mr Sabiu Zakari, presided over the Ceremony, which also had in attendance the Executive Governor of Kogi State, His Excellency Yahaya Bello, amongst other dignitaries. 

Speaking at the Ceremony, the Chief of the Air Staff (CAS), Air Marshal Sadique Abubakar, stated that the NAF was still in palpable shock and intense grief over the loss of a mentee in whom the Service had so much confidence.

He remarked further that he, as a combat helicopter pilot with several years of experience, was keenly aware of the many odds which the young and confident first female combat helicopter pilot in the history of Nigeria must have braved through to get to where she was before her demise.

He described the late Arotile as a dedicated and goal-oriented young woman who carried out her assignments both on the ground and in the air with a high level of professionalism and commitment.

A flag for the family

While reiterating how the fallen heroine had contributed immensely to the decimation of subversive elements in the North-West axis in several anti-banditry combat missions, Air Marshal Abubakar condoled all NAF personnel, the Arotile Family as well as the entire women folk of the nation, whom, he said, the late Arotile represented so creditably.

He equally commiserated with the good people of Nigeria, whose sovereignty, the CAS noted, Tolulope fought earnestly to protect.     

The CAS restated the commitment and unalloyed loyalty of the NAF to the Commander-in-Chief of the Armed Forces of Nigeria, President Muhammadu Buhari, in his efforts at tackling the security challenges facing the Nation.

Air Marshal Abubakar ended his remarks by praying for the repose of the soul of the NAF’s first female combat helicopter pilot, who, he re-emphasized, had left her mark in the sands of time, proving that when it comes to displaying excellence and adding value to the society, age or gender should not be barriers.

“Tolulope, while you fulfilled your childhood dream of becoming a pilot, we could only scratch the surface of our collective dream as a Service for you. We remain comforted by the peace which only God grants us all at this moment and at all times. Your memory will remain indelibly marked in our hearts each time we remember you,” he said.

While reading a tribute to late Flying Officer Tolulope Arotile, the Representative of the Arotile Family and elder sister of the deceased, Mrs Damilola Adegboye, expressed gratitude to the NAF for the impact, training and expertise which, she said, set an excellent platform for Tolulope to outshine her peers.

“Because of their trust and investments, Tolulope showed exemplary skills too difficult to emulate”, she added.

She highlighted that Tolulope had always dreamt of becoming a pilot. She said the entire Arotile Family was grateful that the dream, though blurry at that time, was not only fulfilled but also resulted in great impact not only in the NAF but among family members, friends, colleagues and the entire Nation.

She said this was because Tolulope was a determined, hardworking, godly and extremely focused person.

She again expressed gratitude to the CAS and the entire NAF Family who, she said, would always remain treasured members of the Arotile Family.

Other key moments of the solemn event were the presentation of National Colours to the deceased’s Next-of-Kin by the CAS, laying of wreaths by dignitaries and the representative of the Arotile Family as well as the customary 21 Gun Salute and rendition of “the Last Post” by the NAF Band.

The Faith Service had earlier been conducted by Group Captain (Reverend) Dogo Gani, Director Chaplaincy (Protestant) Headquarters NAF, before the casket was lowered into the ground.

Other dignitaries at the burial ceremony included the Chairman Senate Committee on Air Force, Distinguished Senator Bala Ibn Na’ Allah; Chairman House Committee on Air Force, Honourable Shehu Koko; Honourable Minister of Women Affairs, Dame Pauline Tallen; Honourable Minister of Humanitarian Affairs, Disaster Management and Social Development, Hajiya Sadiya Umar Farouq; Chief of Defence Staff, General Abayomi Olonisakin; Representatives of the Chiefs of Army and Naval Staff, along with other serving and retired senior military officers; Heads of Government Agencies, Senior Government Officials as well as family members and friends of the deceased officer.