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Executive Order on Courts: 36 states drag FG to Supreme Court

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The 36 states of federation have gone before Supreme Court to challenge Presidential Executive Order No. 00-10 of 2020 signed in May by President Muhammadu Buhari, on the funding of courts.

The 36 states, who filed the suit through their respective attorneys general, are seeking an order of Supreme Court, quashing Buhari’s Executive Order for being unconstitutional.

The sole respondent in the suit is the Attorney General of the Federation, Mr Abubakar Malami.

In the suit filed on their behalf by nine Senior Advocates of Nigeria, led by a former President of the Nigerian Bar Association, Mr Augustine Alegeh; and six other lawyers, the 36 states explained that Mr Buhari, by virtue of Executive Order he signed on May 20, 2020, had pushed  Federal Government’s responsibility of funding both the capital and recurrent expenditures of the state high courts, Sharia Court of Appeal and the Customary Court of Appeal, to the state governments.

They contended that Buhari’s Executive Order No. 00-10 of 2020 was a clear violation of sections 6 and 8(3) of the 1999 Constitution, which make it the responsibility of Federal Government to fund the listed courts.

The 36 states, which said they had been funding the capital projects in the listed courts since 2009, are also praying Supreme Court to order Federal Government to make a refund to them.

“Since the 5th of May 2009, the defendant had not funded the capital and recurrent expenditures of the state high courts, Sharia Court of Appeal and the Customary Court of Appeal of the plaintiffs’ states, apart from paying only the salaries of the judicial officers of the said courts.

“The plaintiffs’ states have been solely responsible for funding the capital and recurrent expenditures of the state high courts, Sharia Court of Appeal and Customary Court of Appeal of the plaintiffs’ states, which the defendant has failed and/or refused to fund,” they said. (The Punch)

How Organised Labour Deceived Nigerians, By Reuben Abati

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I was very skeptical when the current leadership of Organized Labour in Nigeria objected to the decision of the Federal Government to withdraw fuel subsidy and hand over the pump price of petrol to the forces of demand and supply, also known as market forces. Labour, represented by the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC), and their affiliates and privies in civil society, further threatened that they were opposed to the hike in electricity tariffs. They issued a statement in which they railed against neo-liberal policies, bad timing, and the insensitivity of government. They made heavy weather out of the hardship that COVID-19 has imposed on the people and why any form of additional taxation that could pressurize the people would be utterly unacceptable.

Deregulation of the downstream sector is not a new subject in Nigeria. Removal of fuel subsidy is an old subject. Only the dumb and the deaf would deny being aware of the persistent argument that a functioning electricity sector in Nigeria would unleash the country’s energy and potentials, through the values derivable therefrom: saving of costs, creation of jobs, a value-added SME, an improved manufacturing sector and a happier, more productive citizenry.

In 2012, when the Jonathan administration announced a full deregulation of the downstream sector and removal of fuel subsidy, Organized Labour aligned with opposition politicians and turned the argument on its head. They called out their troops and a thoroughly hypnotized political class, and workers’ community, fostered tension and instability in the system. In 2016, the party that succeeded the Peoples Democratic Party (PDP), that is the All Progressives Congress (APC) and its leaders who had lied to Nigerians that there was no fuel subsidy in the country, but unconscionable theft, and that the Jonathan government was wrong, promptly increased fuel prices. They argued that a fuel subsidy regime was not sustainable: the same argument that they opposed in 2012.

Their conspirators at the time in Organized Labour kept mute. In 2020, with COVID-19 disrupting everything in the world including relationships, with Nigeria suffering a debt and revenue crisis, the collapse of fiscal buffers, and sheer adversity, the Federal Government decided to pull the plugs. It blamed all of these factors and chose to announce a removal of fuel subsidy. Pump price of fuel, benchmarked to the spot price of crude oil in the international market jumped through the roof. Nigerians groaned. The Federal Government argued that it was not left with any other option. Everyone expected that Organized Labour would intervene. But Labour didn’t quite do so. Groups in civil society had to picket the Abuja Headquarters of the Nigeria Labour Congress to protest that the NLC should speak up and call the people out on the streets, because life had become harsh and hard for the average Nigerian.

After being pushed, a combined team of the NLC and TUC finally announced that they would call out Labour on strike and shut down the country. They gave the Federal Government stringent conditions: a complete reversal of the hike in fuel price and electricity tariffs. Or else, Nigeria would be shut down indefinitely beginning from September 28, 2020. I was not impressed. I questioned Labour’s sincerity of purpose. I felt they were just playing a game. The biggest tragedy that has befallen Organized Labour in Nigeria is the thinking since 1999, that the leadership of Labour can be used as a stepping stone to a bigger role in Nigeria. Labour leaders use their positions to negotiate big benefits. They mouth progressive slogans and parrot aggressive rhetoric but it is all a lie.

Under the military, there was a man called Paschal Bafyau who used the ladder of Labour leadership to gain prominence. Matthew Hassan Kukah in his book – Democracy and Civil Society In Nigeria (Ibadan: Spectrum, 1999) considers him “a sell-out”. With the return to democracy in 1999, the new Labour hero was Adams Oshiomhole of the Textile Garments and Tailoring Union. He was a thorn in the flesh of the Obasanjo administration. He could talk, dance and make Communist-style speeches. He captured the public imagination. He would soon make a leap from being Labour leader into partisan politics. He became Governor of Edo State for two terms. He later became Chairman of Nigeria’s ruling party. He also became a Godfather of Nigerian politics. Something tells me every Labour leader after Oshiomhole wants to be like him. They too want to ride SUVs, and enjoy unfettered access to the seat of power. They also want to be Godfathers in Nigerian politics. The danger here is that this transmogrification of Labour Leadership in Nigeria, sighted first with Paschal Bafyau and raised to another level with Oshiomhole, created a new brand of Labour activism that contradicts norm, culture and tradition in the Nigerian Left.

This new generation of opportunistic Labour leaders have devalued the heroism of the likes of Labour Leader No 1, Michael Imoudu, Herbert Macaulay, Eskor Toyo, Wahab Goodluck, the Sunmonu brothers and Frank Kokori. A compromised Labour leadership is a disgrace to the Revolution. I find no better exemplification than the current Labour Movement in Nigeria led by Comrade Aliyu Wabba, and the incompetent and hypocritical response to Labour issues in the country.

In my view, the NLC and the TUC had no business calling out anybody on strike. When they reluctantly did so, they were playing politics and trying to appear concerned about workers’ welfare. This new set of Labour leaders don’t care about the people. They are partisan politicians. Civil society organizations continue to make the mistake that they are dealing with persons of like minds who want to interrogate issues and offer solutions. The truth is that the most conflicted community in Nigeria today is what we broadly describe for want of a better term as the “Nigerian Left”. They are just as worse as the conservatives and fascists; they claim to be defenders of the people’s interests whereas they are just interested in themselves. I am convinced that Nigeria’s Labour leaders knew as far back as 2012, that a subsidy regime either in the downstream or the electricity sector was unsustainable. They knew that getting Nigeria to work in an accountable manner was a useful national priority. They cannot claim ignorance of the inefficiency, leakages and wastages in the system that have, combined, cost Nigeria trillions of Naira.

The Jonathan administration tried to address this in 2012. Organized Labour joined partisan politics and became an instrument. When their clients took over in 2015, and brought up the same issue, they kept quiet. When matters reached a head in 2016/2020, they were bound to be deceptive. And this is what they have done. The strike action that they promised on September 28 was never going to happen. It was unnecessary by the way. The so-called agreements that they reached to justify their hypocrisy sound ludicrous. The communique that Nigerians saw in the morning of September 28 is questionable. It may have been designed to help Labour save face, but it merely exposes a Labour leadership that should be a subject of ridicule.

Three meetings were reportedly held – September 15, 24, 27, 2020. After the second meeting, Labour announced that it would go ahead with the nationwide strike because it had reached a deadlock with government. The NLC and the TUC ended up taking Nigerians for a ride. The Communique that eventually signaled the cancellation of the strike exposes their lack of rigour. The document says the Federal Government negotiators and Labour leaders agreed on a number of issues. Let’s examine a few. On the issue of the hike in electricity tariffs, the communique says the bipartite meeting has decided to set up an ad-hoc technical committee to re-examine electricity tariff reforms.

This committee will sit for two weeks effective September 28. During that period, “DISCOs have been directed to suspend the application of the cost-reflective Electricity Tariff adjustments.” This is a totally meaningless statement and it is surprising that someone like Joe Ajaero, a leader of the National Union of Electricity Employees, who was named as a member of the proposed Technical Committee was not awake enough to point out the problem with this proposal. There are technical questions.

In the first place, the current electricity tariffs are not cost-reflective, they are service-reflective. The new template by the National Electricity Regulatory Commission (NERC) creates a service-reflective template, problematic as it is, which ensures that houses, factories and businesses which consume more electricity within an A, B, C, D, range pay more than R1 band designated consumers at the lower end who still pay N4. 00 per unit, thus creating a cross-subsidy regime. The proposed two-week suspension of electricity tariff is also in every sense ambiguous. Is the FG saying the DISCOs should not bill any house, factory or business for two weeks? Is the President now going to ask the Ministry of Finance, the BPE, the NERC and other relevant agencies to re-adjust meters and return to the old tariffs for two weeks? Did anyone represent the Vice President who oversees Privatization, the NERC, the BPE and the DISCOs at the meetings with Organized Labour? At best, the Federal Government team merely threw the two-week strategy at the unthinking Labour leaders just to buy time. Nothing will happen.

The Federal Government says it intends to review the NERC Act and involve Labour in the electricity value chain. This is meaningless. The Federal Government, States, and Local Governments own 40% of DISCOs. Government can take part of its 40% to the Stock Exchange, but what will be the value of whatever it expropriates? It is a non-issue. The leaders of Organized Labour could not see through that trick. They were also told the National Labour Advisory Council (NLAC) will be inaugurated before the end of the year. And these greedy guys fell for it! If that Council remains moribund, what can they do?

The other big issue was the deregulation of the downstream sector. Our Labour Leaders were told that the Federal Government will now fix Nigeria’s four petroleum refineries and that in fact the Port Harcourt refinery will be 50% completed by December 2021. They were told there will be timelines for delivery and even the national leadership of NUPENG and PENGASSAN will be appointed into a Steering Committee and a Validation team. The guys embraced this old, jaded lie as if they were being addressed by King Solomon. How many times have we been told that Nigeria’s refineries will be fixed? At a time, the FG wanted to privatize these same refineries. Labour leaders opposed the initiative. Today, most of them are struggling to have their children employed in a yet uncompleted Dangote Refinery and the modular refineries by Walter Smith, NIPCO and the Edo State Government. They want the same private sector that they disparage for their own private benefits!

Labour leaders were further told that the Federal Government will ensure the delivery of one million CNG/LPG Auto Gas conversion kits, storage skids and dispensing units by December 2021 under Nigeria’s Gas Expansion Programme. With the challenges of Corona Virus, this is not possible. To even order the equipment and the accessories, or to build the plant, not less than 18 months will be required. Who is going to reshape the petrol stations? Many of the old vehicles on Nigerian roads cannot also be converted. And even if so, who will bear the cost? We are told the Federal Government will provide 133 CNG/LPG transit buses. Nobody manufactures such buses in Nigeria. They will have to be imported. In other words, apart from taking care of the interest of Labour Leaders, the communique that ended the proposed strike of September 28, also very nicely, provided an opportunity for government officials to award contracts! There is also something in there about a 10% housing allocation for Nigerian workers. This is mere wishful thinking. Did anybody talk to Babatunde Fashola, SAN, the Minister of Works and Housing before making this commitment?

They didn’t need to bother, of course, because both Labour and the Federal Government negotiators knew that they were both playing a game and taking Nigerians for a ride. Organized Labour, having obviously embraced deregulation and market forces, should have raised other questions that could be helpful to Nigerians as follows: If the Federal Government is eliminating subsidy, what does it intend to do with its savings from the downstream sector and the electricity tariffs? Can the savings be used to fund education and healthcare under a mutually agreed framework? Instead, Labour leaders were discussing buses and houses! They could also have asked what the FG intends to do with savings in the electricity sector. Is it possible to use the savings to strengthen Transmission infrastructure? Instead, they were discussing how Labour leaders can become members of the Regulatory Board!

The Government negotiators deserve our commendation. They have done a good job of preventing a “worthless” national embarrassment in the shape of a Labour strike in the same week that Nigeria celebrates its 60th Independence Anniversary They have also helped to expose the incompetence and hypocrisy of the current Labour leadership in Nigeria. They have also won an ideological war over the subsidy regime. Those Labour leaders who grumble about neo-liberalism have now embraced it. Their lack of rigour, clarity and intellect provides a strong case for an urgent reform of Labour Leadership in Nigeria. Once upon a time, Labour used to be a strong voice in this country. In those days, government controlled everything: Telcom, Banking, Insurance etc, It was quite easy then to blackmail government, and use that as a platform to become a national figure. The times are changing, indeed the times have changed. Labour must reinvent itself or risk the tragedy of becoming irrelevant.

Over 40 companies demonstrate IT solutions as INEC moves toward e-voting (plus video)

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The Independent National Electoral Commission says it has commenced moves toward the automation of voting process. This was disclosed  by Professor Mahmood Yakubu, Chairman, Independent National Electoral Commission,INEC during  the demonstration of electronic voting machines (EVMs) at the conference room, INEC Headquarters, Abuja, on Monday 28th September 2020.

Yakubu assured Nigerians that the commission was committed toward expediting moves towards  Electronic Voting Machines. He said, “The Commission is aware that Nigerians want us to deepen the use of technology in elections. Let me reassure Nigerians that the Commission is committed to expediting the process leading to the deployment of EVMs in elections in earnest.”

The INEC chairman disclosed that more than 40 companies that have so far   indicated interest,  would  during the virtual session,  demonstrate their IT solutions on the occasion.

Professor Yakubu said, “Today, the Commission is taking yet another decisive step towards the full automation of the electoral process.

“For some time now, the Commission has been working on the deployment of technology in voting during elections to replace the current manual system which is tedious and requires enormous logistics to deliver huge quantities of printed materials and a large number of ad hoc staff to administer the process.

https://youtube.com/watch?v=v_a-W4XplmE%3Fstart%3D33%26feature%3Doembed

“To this end, the Commission developed the specifications of the functions required of the machine. After extensive discussion and review, the Commission took the decision to invite original manufacturers of Electronic Voting Machines (EVMs) around the world for a virtual or practical demonstration of the machines.

According to Yakubu, “Over 40 companies that indicated interest will demonstrate to the Commission how their IT solutions meet our specifications.

“I wish to emphasise that this is only a demonstration that will enable the Commission to evaluate the available technology and where necessary finetune our specifications before proceeding to the next stage which will involve the participation of stakeholders. Details of the next steps will be given at the end of the demonstrations.”

This image has an empty alt attribute; its file name is IMG-20200928-WA0018.jpg

The INEC chairman described the event as “another giant step in the Commission’s continuous effort to deepen electoral integrity in Nigeria through the deployment of technology.

He noted  further that “Over the years, the Commission has been automating the critical pillars of the process. The biometric register of voters has been updated continuously.

“At the moment, the INEC register of voters is the largest data base of citizens in Nigeria. In addition, the combination of biometric voters’ cards commonly known as the Permanent Voter’s Card (PVC) and the Smart Card Reader (SCR) have revolutionised the accreditation of voters during elections.

He recalled that, “More recently, the introduction of a number of portals has facilitated the seamless nomination of candidates for elective offices by political parties as well as the accreditation of observers and the media.

“Most significantly, the Commission now uploads polling unit level results in real-time on Election Day to a portal for public view. These are significant innovations that have deepened the transparency and credibility of elections and the electoral process in Nigeria.” (Credit: Newsdiary)

The Moslem North, the Aburi Accord and the survival of Nigeria!

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If the truth be told, with all due respect, the over-indulgence of the Moslem North (to be highlighted presently) by the rest of the country would eventually lead to the failure of the Nigerian state – unless quickly curbed. It has come to be taken as a right (rather than a privilege) and has spun a belligerent spirit – rather than one of reciprocity – on the part of the indulged.

This declaration should not be misconstrued as hate speech. Having started life among the Fulani, in particular and the Moslem North, in general (for more than 10 years, beginning with national service) having lived and worked across the country and being a keen student of history, all Nigerians are my brothers. One has seen it all and must tell the truth, no matter how bitter, to get everyone to deeply reflect, rethink and react positively – before it is too late! It is unfortunate that, so far, neither the Moslem North (bent on riding the willing horse to death) nor Southern politicians (who, till today, have no corporate commitment to the South as a block, but easily acquiesce once settled at the personal level) seem to reckon with the impending doom.

First, through its military establishment, the Moslem North has imposed the 1999 Constitution, the obnoxious quota system (whereby Nigerians are judged by different standards of attainment, with the relegation of merit) and other laws and policies, to constrain the rest of the country and to centralize political and economic control and have all arms of government (executive, legislature and judiciary) along with all security and economic agencies of state – from the Armed Forces and the Police to the secret service, the tertiary institutions, the petroleum corporation, the ports authority and the customs service, e. t. c – concentrated in its hands.

Consequently, a region well-known to be educationally backward has usurped the leadership corps of all critical agencies of state, at the expense of those regularly producing thousands of renowned and shining professionals, in all spheres of human endeavor, locally and all around the competitive world. There is hardly any department or agency or legacy institution of state (such as the NPA and the NNPC) or even a political association in which you can get a significant role or benefit, today, without the endorsement of an influential Northern Moslem or someone connected. This closed network is also deployed to plant privileged children all over the place, at the expense of more qualified (but disenfranchised) ones, which is a time bomb.

The message is that industry and merit amount to nothing; that all that matters is patronage! The propensity, then, is for everyone to become a predator – going by the expectancy-valence theory! This is the foundation of public sector corruption. A society which fosters a closed and caste system, in which you can hardly change level (ascend) by industry and merit – other than by patronage – is doomed. It is laughable to talk of fighting corruption when it has, this way, been entrenched and legitimatized. Financial corruption that is always the focus is only an aftermath.

Second, Nigeria is being tendentiously projected to the world as an Islamic state. It has been a member of the Organization of Islamic Cooperation (OIC) since 1986, at the instance of General Ibrahim Babangida, who sacked Commodore Ebitu Ukiwe (Chief of General Staff) for objection. Nigeria is also hobnobbed with other international Islamic organizations.

Almost all Northern states which claim a Moslem majority have adopted Sharia, not minding their Christian populations and the fact that Nigeria is a secular state that should never be run on religious laws. In most cases, Sharia has been extended to cover both civil and criminal matters. The draconian law against rape in Kaduna State, regardless of the large Christian population, is a byproduct of Sharia. Additional laws and policies to control land and water resources, speech, Churches and other non-governmental organizations, e. t. c., being pursued by the Federal Government, are believed to be aimed at accelerated demographic transformation and Islamization – as if to vindicate the theory that Islam can never co-exist with other religions in the same society, whereas, the model of the Yoruba of Western Nigeria is there for all to see and copy!

Third, Nigerians have always come under some orchestrated siege, with little regard for life and dignity, more often, when a Northern Moslem or a Moslem-dominated party is in power, with the consequence of heightened division and acrimony. Many associate this siege (in which the Armed Forces and the Police are deemed complicit) with the quest for total political and religious control.

In the First Republic, under Sir Ahmadu Bello’s Northern People’s Congress (NPC) the siege was directed mainly at the Middle Belt and the Western Region (precipitating the January 1966 popular coup d’etat, mischievously termed an Igbo coup) Since May 1966, it has been directed mainly at the Igbo. It has now engulfed all of the Middle-Belt and the South under General Buhari and the All Progressives Congress (APC) government and has taken the form of banditry in the Moslem North itself as of karma. Why not allow them to separate, or, at least, to move apart, slightly, if you cannot tolerate the basket with their religion or way of life?

Fourth, is the lack of give and take spirit. Given its putative population, most leaders of the Moslem North now insist that democracy is, strictly, a game of numbers, in order to repudiate rotation. But in the 1959 elections (for the first independent federal government of 1960) the National Convention for Nigerian Citizens (NCNC) polled 2.6 million votes; the Action Group (AG) 2 million and the NPC, only 1.9 million. Although the NPC, nevertheless, won more parliamentary seats than either the NCNC or the AG, owing to lopsided distribution of constituencies, it did not achieve the simple majority of seats and could not have formed the first federal government had the NCNC and the AG proceeded with the proposal for coalition, based on their majority of votes and combined majority of 164 parliamentary seats, against NPC’s 148.

But, for peace to reign, the NCNC, led by Dr Nnamdi Azikiwe, conceded that government to the NPC and accepted to be junior partners – when the NPC threatened that the North would, otherwise, secede. Dr Azikiwe and his Nigerian People’s Party, in 1979, extended similar fellowship to enable President Shehu Shagari and the National Party of Nigeria run a smooth government – instead of staging a formidable opposition with Chief Obafemi Awolowo-led Unity Party of Nigeria. General Buhari and the APC would not have come to power in 2015 and 2019 without Bola Tinubu and the South-West-based Action Congress of Nigeria.

Fifth, since it cornered the Nigerian state, the Moslem North has ignored the call for restructuring or for devolution of powers to federating units and has met any threat of secession, otherwise, with utter violence, starting with Biafra. But Sir Ahmadu Bello and the NPC (bent on protecting the region politically, economically and socially) were the most vociferous and insistent on regional autonomy during independence negotiations, to the extent of threatening, at times, to secede if the demands were not met. Their Southern counterparts always bent over backwards, to carry them along. At a stage, even the date for independence had to be deferred, to meet their demand for readiness. It revolted against the 1966 Unification Decree, under General Ironsi’s military government, which was seen to negate cherished regional autonomy. But for the counsel of the British, the secession, which it declared after the coup of July 29, 1966 (staged by Northern officers to avenge the killing of Sir Ahmadu Bello and some top military officers from the region, in the coup of January 1966) would have been carried through, without let or hindrance.

Paradoxically, the same Moslem North has ended up imposing the worst version of Unification Decree (in the guise of 1999 Constitution) on the country, have become totally intolerant of dissent (not to talk of secession) and now insist on Nigeria’s indivisibility – on its own terms!

If the tables were turned and it was on the receiving end from any other group, hell would be let loose! What did the Igbo (as a corporate entity) do to deserve the pogrom of 1966 throughout the Northern Region, except that some of the soldiers involved in the coup d’etat of January 15, 1966 (an all-military affair) bore Igbo names? There have been five more coups by Northern officers without ethnic cleansing. And what did Dr Jonathan do for five Northern governors and Atiku Abubakar to destabilize the People’s Democratic Party in 2014, paving the way for APC federal government under which the country and her citizens roast, without a whimper?

One could go on and on. But, in short, the Moslem North takes Nigeria for granted and has never reciprocated the magnanimity of its counterparts (neither to the West nor to the East nor even to Dr Nnamdi Azikiwe or Chief Obafemi Awolowo, personally) but dishes to others what it would not tolerate for a moment and predicates everything on its own terms.

It could only be that it does not see other Nigerians as equal partners. What is most surprising is that the easily brow-beaten, blackmailed, bullied, upstaged and disarmed counterparts do not take the lesson and react appropriately. Otherwise, the message is clear that the wish for political domination and to ultimately dip the Koran in the Atlantic and never to concede government to other Nigerians, expressed by Sir Ahmadu Bello, since 1960, is in-progress.

Everyone is entitled to ambition, but outcomes will depend on opponents’ response. If Nigeria fails, the Yoruba and the Igbo would be blamed, as much as the Moslem North – for failing to learn, from shared vulnerability, to put petty differences behind and stand together to rally others looking up to them for the balance of forces needed to reset Nigeria. In the First Republic, the West was besieged. Since then, it has been the East, in addition to the Middle-Belt. None will be truly free until the rest are also free. Taking turns as second fiddle is only the road to perdition!

As things stand, only the Aburi Accord of January 1967 (entered at the moment of reality and which provides for far-reaching regional autonomy, federal power-sharing and can restore merit and industry in public life along with every other thing that Nigerians are clamouring for) can save Nigeria. National Conference reports and amendment of the Constitution by the legislature have been overtaken by events. If the Moslem North is truly passionate about Nigeria, it has to rethink its strategy and drop the overbearing conquest mentality, otherwise, the country will, inevitably, break up in its hands. Let us all reflect, rethink and react positively to save Nigeria!

authorityngr.com

NNPC, SEEPCO seal OML 143 deal on gas exploration and use

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The National Petroleum Corporation (NNPC) and Sterling Exploration and Energy Production Company (SEEPCO) have signed a mining deal to develop gas exploration to a commercial quantity at a rate and volume that would ensure more availability at the local market.

The deal on gas exploration in respect of Oil Mining License (OML143) targets to drastically reduce gas flaring and conversely increase local utilization and market development.

At the signing, the Group Managing Director of the NNPC, Malam Mele Kyari commended SEEPCO for its unwavering commitment to gas development and commercialization in the country, which has led to the establishment of a Special Purpose Vehicle that will help expand gas utilization in the country as a cleaner, cheaper and more reliable alternative form of energy.

On his part, the Chairman of SEEPCO, Mr Tony Chukwueke, described the deal as an essential partnership that would help the company fulfill the pledge it made to support the efforts of the Nigerian government to eliminate gas flaring by monetizing it.

He commended NNPC and the GMD for ensuring the execution of the agreement, which he described central to the achievement of the company’s cardinal objective of boosting the production of Liquefied Petroleum Gas (LPG), condensate and dry gas for the Nigerian market. 

China targets to produce 1 billion COVID-19 vaccine doses a year

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A Chinese health official said Friday that the country’s annual production capacity for coronavirus vaccines will top 1 billion doses next year, following an aggressive government support program for construction of new factories.

Capacity is expected to reach 610 million doses by the end of this year, Zheng Zhongwei from the National Health Commission said.

“Next year, our annual capacity will reach more than 1 billion doses,” he said at a news conference.

American pharmaceutical giants Pfizer and Moderna aim to produce a billion doses each in 2021 as well.

Zheng said distribution of the vaccines would prioritize groups such as medical workers, border personnel and the elderly before they are made available to the general public.

China has promoted the construction of vaccine testing facilities and manufacturing plants, and assigned independent monitors for their assembly. China has 11 vaccine candidates in human trials, with four of them currently in the third and final trials.

One of those is CoronaVac, made by the private company SinoVac, which is already rolling off the factory floor at a bio-secure facility outside Beijing. SinoVac’s chairman, Yin Weidong, said Thursday that the factory was built in months, and more could be constructed if demand is sufficient.

Some nations are pooling vaccine efforts to ensure success against the disease. More than 150 countries are setting up the COVID-19 Vaccines Global Access Facility, or COVAX, under the World Health Organization.

Their target is to make 2 billion doses to inoculate 20% of the world’s population.

The director-general of WHO, Tedros Ghebreyesus, said earlier this month that “the goal must be to vaccinate some people in all countries, rather than all the people in some countries.”

AP

SAD: Popular Abuja NBA member and US based lawyer, Dr. Chike Amobi, dies of Cancer

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A popular member of the Nigerian Bar Association, NBA Abuja Branch and United states of America based lawyer, Chief Dr Chike Amobi is dead.

Information available to BarristerNG.com states that Dr Chike died of cancer related illness in USA.

Until his death, he was the head of Chamber, Chike Amobi and Co. with offices at Abuja and USA

He was popularly known as Prince Ezekwesili.

He was the Best Graduating Student, Law School Class of 2000, Class Valedictorian, American Jurisprudence Awards, Corpus Juris Secundum Award, West Scholastic Excellence Award, Dean’s List Awards, Member UWLA Law Review, Lead Counsel UWLA Moot Court team, President, Black Law Students Association Black Women Lawyers of Los Angeles Award, Black Public Defenders Award for Community Service and Academic Distinction, California State Bar Foundation Award, And numerous other awards.

May his soul rest in peace.

 BarristerNG.com

Son may succeed Idris as el-Rufai gets shortlist for new Zazzau emir

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•Monarch’s demise exposed gov’s segregationist tendencies, says ADA

The Turaki Zazzau, Alhaji Aminu Shehu Idris, may succeed his father, the immediate past Emir of Zazzau, Shehu Idris, as his name was among the three submitted to Governor Nasir el-Rufai of Kaduna State for consideration.

Zazzau Emirate kingmakers have zeroed their choices to three candidates, which they sent to the governor, who will endorse and announce the new emir.

The last emir died last Sunday at the age of 84, after 45 years on the throne.

However, sources at the Zaria palace of the emirate told some journalists at the weekend that the governor’s favoured candidate, the Magajin Garin Zazzau, Ahmed Nuhu Bamalli, could not make the kingmakers’ shortlist.

According to tradition, the new emir is expected to emerge from Katsinawa, Bare-bari, Mallawa or Sullubawa ruling houses.

Aminu Shehu Idris, who is eldest surviving son of the deceased emir from the Katsinawa ruling house, is the youngest of the shortlisted candidates.

The University of Abuja Economics graduate works as a senior staff at the Crude Oil Marketing Division of the Nigeria National Petroleum Corporation (NNPC).

A statement issued by el-Rufai’s media aide, Mr Muyiwa Adekeye, noted that the kingmakers had submitted their report to the Commissioner for Local Government Affairs.

Adekeye quoted the Secretary to the State Government (SSG), Alhaji Balarabe Abbas-Lawal, as saying: “The selection process for the new Emir of Zazzau is proceeding with the careful attention befitting such a momentous decision.”

Meanwhile, Adara nation has said that the death of Idris exposed el-Rufai’s segregation tendencies in the state’s affairs.

In a statement at the weekend, the President of Adara Development Association (ADA), Awemi Dio Maisamari, alleged that the governor used the occasion to show his distaste for Southern Kaduna people.

His words: “We empathise with the Zazzau people most deeply because the loss of this revered royal father has brought back the sad memories and deep sorrow of the abduction and gruesome murder of our revered first class royal father, Dr. Raphael Maiwada Galadima (JP).

“We are however saddened to observe that Governor el-Rufai has used this sober occasion to publicly showcase the status differential between Northern and Southern Kaduna people in his administration.

He noted the governor’s haste in appointing a successor to the Zazzau monarch, who died naturally at old age, after declaring three days mourning and public holiday in his honour.

In the case of the first class monarch of Adara Chiefdom, who was abducted and eventually assassinated in very humiliating and suspicious circumstances, he claimed that the governor did not bat an eyelid.

“The governor did not consider his tragic demise deserving of any extraordinary action, special honour, press statement, tribute or even ceremonial call for public mourning by the state government. This was followed by the greatest mark of dishonour and treachery to our monarch and Adara people as a whole.,” he added. (THE GUARDIAN)

Court fines senator Abbo N50m for assaulting woman in sex-toy shop

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A Federal Capital Territory (FCT) High Court has ordered Senator Elisha Abbo, representing Adamawa north, to pay N50 million as compensation to Osimibibra Warmate for assaulting her in a sex-toy shop in Abuja.

In 2019, the police arraigned Abbo before a magistrate court in Zuba, on a one-count charge for assaulting Warmate in the Shop at Wuse 2 in Abuja.

Despite a video evidence of the incident, Abdullahi Ilelah, the magistrate, upheld the no-case submission filed by the lawmaker and dismissed the case.

However, Warmate proceeded to file a fundamental rights suit marked CV/2393/19 before the FCT high court.

Delivering judgment on Monday, the judge found Abbo guilty and ordered him to pay N50 million to the complainant.

Lugard Tare-Otu and Nelson who identified themselves as Warmate’s lawyers confirmed the court’s verdict on Twitter.

”Remember that video of a Nigerian senator slapping/assaulting a young lady at a shop? Well justice was served today with the court slamming the sum of N50M against the Senator.

“I am delighted to have represented that young lady in this suit. We say no more to oppression,” Nelson said.

An Adjournment For A More Senior Lawyer to Handle A Case Is A Professional Misconduct.

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Daily Law Tips (Tip 662) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

INTRODUCTION: 

Litigation is not a hide and seek game. Parties on both sides of a case must be granted adequate facility (including, time) to prepare and present their cases. An adjournment is a break/postponement  in a litigation process and procedure, granted by a Judge/Magistrate to allow parties or the  court to do substantial justice. It is a fundamental human right, being a tool for fair hearing. However, unserious Judges, Magistrates, Lawyers and Litigants often employ adjournment to delay and frustrate justice. Adjournment is one of the factors that cause delay in determination of cases in Nigeria. One of the common reasons for adjournment is that, there is a more senior lawyer willing to conduct a case other than the lawyer appearing before the court. This work examines the propriety of this common reason in Nigerian jurisprudence.   

PRACTICE AND PROCEDURE: 

To better understand the this topic, there is need to assess client to lawyer relationship and then lawyer to court relationship. This is chronologically placed below. 

  1. Any person in Nigeria is entitled to engage the services of any lawyer of his choice. Hence, a court can never dictate or force a lawyer on any litigant. To support this, is the Court of Appeal, that states; “… in the principle of fair hearing is the right of a party to engage a counsel of his choice.” Per ONYEKACHI AJA OTISI ,J.C.A ( Pp. 26-27, para. F) in the case of MOMAH v. MOMAH (2017) LPELR-42817(CA)
  2. Where any person chooses a lawyer, he also has powers and rights to disengage the service of the law. He who hires a lawyer, can also fire the lawyer. Hear what the Supreme Court, says on this issue; “A litigant is free to engage counsel of his choice at any time and may equally terminate such engagement at any time.” Per KUTIGI ,J.S.C ( P. 14, paras. F-G ) in the case of ISIAKA & ORS v. OGUNDIMU & ORS (2006) LPELR-1552(SC)
  3. Where any person chooses and engages the services of a lawyer, the person becomes a client to the lawyer. And the lawyer has a duty to represent the client diligently in any court or tribunal in Nigeria. On this issue, the Supreme Court of Nigeria has held that, “Counsel qua advocate as an expert of law has an unfettered right to advise his client on what line of action to take in the light of the applicable law. While there cannot be any argument on this right of counsel, the owner of this big power, he is expected to exercise it only in the light of the enabling law in the matter. He should take into serious consideration that the client, the novice in law, will have no choice than to rely wholly and fully on the position of the law as given to him by Counsel.” Per NIKI TOBI ,J.S.C ( P. 26, paras. C-E ) in the case of NEWSWATCH COMMUNICATIONS LTD v. ATTA (2006) LPELR-1986(SC)
  4. A lawyer that represents a client binds the client. Hence, the submissions of a client’s lawyer is deemed to be the submissions of the client of the lawyer. Lawyers are advocates of their clients. No one goes to the courts (gates of justice) except through lawyers. However, note that in certain cases, a non-lawyer can represent himself in court without engaging the services of a lawyer. The Court of Appeal has this to say, “Undoubtedly, in any given criminal trial, as well as in complex civil proceedings (such as the extant case) the participation of a legal practitioner (lawyer), is very essential. This is absolutely so, because the participation of a lawyer is intrinsically connected to the litigant’s right to sufficiently prosecute or defend his case. I think, it was Lord Denning, MR, that fearless, conscientious and erudite Jurist of all time, who once aptly articulated the trite principle, to the effect that – It is not every man who has the ability to defend himself on his own. He cannot bring out the points in his own favour or the weakness in the other side. He may be tongue-tied, nervous, confused or (even) wanting in intelligence. He cannot examine or cross-examine witnesses. We see it everyday! A Magistrate says to a man: you can ask any questions you like; whereupon the man immediately starts to make speech. If justice is to be done, he ought to have the help of someone to speak for him; and who better than a lawyer who has been trained for the task? See PETT v. GREY HOUND RACING ASSOCIATION (NO. 1) (1968) 2 ALL ER 545 @ 549, per Lord Denning MR. Indeed, it is axiomatic, that what actually makes the participation of a lawyer in a case so vital if not indispensible, is his expertise, which is predicated upon a vast knowledge of the law; his remarkable ability to apply that knowledge to given fact situations; to sift relevant admissible and often very complex evidence from what is relevant and inadmissible; and most significantly, his eloquence – skills in argumentation and power of persuasion. Indeed, it was Lord Simon, who had once cited (with approval) Dr. Johnson’s legendary observation in 5 BOSWELL’S LIFE OF JOHN (BIRBECK HILL Edition) 26, thus: As it rarely happens that a man is fit to plead his own cause, lawyers are a class of the community, who by study and experience, have acquired the art and power of arranging evidence, and of applying to the points at issue what the law has settled. A lawyer is to for his client all that his client might fairly do for himself if he could. See WAUGH VS. BRITISH RAILS BOARD (1979) 2 ALL E.R. 1169 @ 1176. See also Section 36(1) & (5) 1999 Constitution (Supra); Article 14(3)(d) of the International Covenant on Civil and Political Rights; Article 7(i)(c) of the African Charter on Human and Peoples Rights; Article 8(2)(d) of the American Convention on Human Rights; Article 6(3)(c) of the European Convention for the Protection of Human Rights and Fundamental Rights.” Per, IBRAHIM MOHAMMED MUSA SAULAWA ,J.C.A ( Pp. 40-41, paras. B-F) in the case of UZOWULU & ORS v. AKPOR & ORS (2014) LPELR-22190(CA).
  5. The moment a lawyer steps into a court to represent a client (party), the lawyer is deemed to be properly engaged by the party. The lawyer is also assumed to be able and capable to handle the case, even if the lawyer is holding the brief of another lawyer. The apex court has reiterated this, in the following words, “The point is well taken and the authorities of MOSHESHE GENERAL MERCHANT LTD V. NIGERIA STEEL PRODUCTS LTD and ADEWUNMI V. PLASTEX (NIG) LTD are apposite that a Counsel has full control and authority of his client’s case once he takes up his client’s brief and announces his appearance in Court as Counsel for his client.” Per ALAGOA ,J.S.C ( Pp. 36-38, paras. C-E ) in the case of OGBORU & ANOR v. UDUAGHAN & ORS (2013) LPELR-20805(SC)
  6. At this point, a court of law is not expected to allow a lawyer appear before it to seek for an adjournment (break) merely to allow a more senior or experienced lawyer to handle the case. After all, a lawyer is lawyer. The shameful practise of buying time and delaying justice under the disguise of wishing that a more senior lawyer to handle a case is unknown to law or practise.   The Court of Appeal has emphasised that, “Courts of law have said it several times that Counsel should refrain from attending Court merely to ask for adjournment to enable a more senior colleague to do the matter. It is not a fashion for younger Counsel to ask for adjournment on the ground that a more senior colleague would like to do the matter “personally.” Frankly, I do not know what this is all about.” Per MOHAMMED LADAN TSAMIYA ,J.C.A ( Pp. 32-35, para. E ) in the case of THE CITY WAITERS LTD v. ADIO (2014) LPELR-24329(CA).  “It is the law, (as has been submitted by learned Counsel for the Respondent), that any counsel who announces that he is holding brief for another counsel is presumed to be in possession of the facts and law regarding the case, and has the full authority of the counsel, whose brief he holds, to handle the case.” Per SANKEY ,J.C.A ( P. 13, paras. A-B) MOHAMMED & ANOR v. STATE (2015) LPELR-25694(CA)
  7. Adjournments are left at the discretion of Judges and Magistrate. However, adjournments can only be given judiciously and judicially upon cogent and compelling reasons that the court believes will do Justice. Here are the words of the Court of Appeal; “…the trite fundamental principle guiding grant or refusal of adjournment is not merely borne out of the sheer number of previous adjournments. Indeed, it’s a settled principle, that – It is not the number of previous adjournments sought and granted that will necessarily influence the court’s discretion to grant or refuse an application for adjournment, rather, it is for a good cause as well as cogent and weighty ground or reason. See OLORI MOTORS & CO. LTD v. UBN LTD (Supra) @ 504 paragraphs D – E per Achike JCA (as he then was).” Per SAULAWA ,J.C.A ( P. 32, paras. B-C ) in the case of UZOWULU & ORS v. AKPOR & ORS (2014) LPELR-22190(CA)
  8. A lawyer is an officer of the courts and owes duties to courts. By the Rules of Professional Conduct for Legal Practitioners, a lawyer “… shall not do any act or conduct himself in any manner that may obstruct, delay or adversely; affect the administration of justice.” and one of the duties of a lawyer to a court. Delaying justice by applying for an adjournment merely for a more senior lawyer to handle case is a professional misconduct and unknown to any law or practise in Nigeria. However, where there is cogent and compelling reason for a more senior lawyer to handle a case, no doubt a court will grant an adjournment. The Supreme Court has held that, “Similarly, in the case of FALOWU VS. BAMIGBE (1998) 6 SCNJ 42 AT 64 PARA 34, the Apex Court held thus:- “It seems to me necessary at this stage to stress that once counsel announces his appearance in Court, whether he is holding brief for another counsel or not, the Court takes it that he fully mandated and or authorized, to conduct the case on behalf of his principal or his client. If, however, he is not in the position for any reason to do so, it is his duty to apply for an adjournment, stating his reasons to the Court for the application where upon the Court, upon a consideration of such reasons shall decide whether or not the case should in the interest of justice, be adjourned, otherwise, the Court would proceed with the hearing of the cause or matter. In the absence of such an application, the Court is entitled to assumed that Counsel is fully instructed and/or mandated to get on with the case ….” Per SAULAWA ,J.C.A ( P. 32, paras. B-C ) in the case of UZOWULU & ORS v. AKPOR & ORS (2014) LPELR-22190(CA)

CONCLUSION: 

Law practise is a serious business. A lawyer must be professional and prepared for any case/brief he undertakes. Where a lawyer must seek for an adjournment, he must have genuine, cogent and compelling reasons, to avoid professional misconduct. Wishing to have a more senior lawyer to handles a case can be flimsy and an attempt to frustrate the administration of justice. On the part of a client, a client must be serious to prosecute and fund any matter he engages a lawyer to handle. A lawyer must never use adjournment as a tool for fraud or delay of justice and must never allow his client to lead him into such nonsense, after all a lawyer is not a servant of his client. Adjournment must be employed to do only good and justice at all times. Click to read my works on fair hearing and justice in Nigeria. 

My authorities are:

  1. Section 36 of the Constitution of the Federal Republic of Nigeria. 
  2. Rules 14 to 25 and Rules 30 to 38 of RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS 2007 
  3. The judgment of the Supreme Court in the case of (Effect of lawyers authority to conduct case of his client) in the case of ELIKE v. NWAKWOALA & ORS (1984) LPELR-1118(SC).
  4. The judgment of the Supreme Court in the case of OGBORU & ANOR v. UDUAGHAN & ORS (2013) LPELR-20805(SC)
  5. The judgment of the Supreme Court in the case of NEWSWATCH COMMUNICATIONS LTD v. ATTA (2006) LPELR-1986(SC)
  6. The judgment of the Supreme Court in the case of ISIAKA & ORS v. OGUNDIMU & ORS (2006) LPELR-1552(SC)
  7. The judgment of the Court of Appeal in the case of UZOWULU & ORS v. AKPOR & ORS (2014) LPELR-22190(CA)
  8. The judgment of the Court of Appeal in the case of MOHAMMED & ANOR v. STATE (2015) LPELR-25694(CA)
  9. The judgment of the Court of Appeal in the case of THE CITY WAITERS LTD v. ADIO (2014) LPELR-24329(CA)
  10. The judgment of the Court of Appeal in the case of MOMAH v. MOMAH (2017) LPELR-42817(CA)

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