News
SERAP Wants Gag Order Declared Illegal
The Socio-Economic Rights and Accountability Project (SERAP) and Centre for Journalism Innovation and Development have filed a lawsuit against President Muhammadu Buhari and Minister of Information and Culture, Mr Lai Mohammed, asking the court to “declare illegal the gag order stopping journalists and broadcast stations from reporting details of terrorist attacks and victims, as the order violates media freedom, and Nigerians’ freedom of expression and access to information.”
Joined in the suit as Defendant is the National Broadcasting Commission (NBC).
The suit followed the directive by the NBC asking journalists, television and radio stations in Nigeria to stop “glamourising and giving too many details on the nefarious activities of terrorists and kidnappers” during their daily newspaper reviews.
In the suit number FHC/ABJ/CS/725/2021 filed last Friday, SERAP and PTCIJ are seeking, “an order of perpetual injunction restraining the government of President Buhari, the NBC, and Mr Lai Muhammed or any other persons from imposing fines or other sanctions on broadcast stations for carrying out their constitutional duties of reporting details of terrorist attacks and victims during daily newspaper reviews.”
In the suit, SERAP and PTCIJ are seeking “an order to compel and direct the NBC and Mr Lai Muhammed to withdraw the directive asking journalists and broadcast stations to stop reporting details on terrorist attacks and victims, as the directive is unlawful and inconsistent with the Nigerian Constitution of 1999 [as amended], and the country’s international human rights obligations.”
SERAP and PTCIJ are also seeking “an order setting aside the directive on reporting of terrorist attacks and victims, for being inconsistent and incompatible with sections 22 and 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.”
According to SERAP, “Unless the reliefs sought are urgently granted by this Honourable Court, the directive by the NBC and Mr Lai Muhammed would be used to impermissibly restrict Nigerians’ rights to freedom of expression, access to information, media freedom, and victims’ right to justice and effective remedies.”
SERAP and PTCIJ are arguing that “the failure by the government of President Buhari to direct the NBC to withdraw its directive on reporting of terrorist attacks and victims violates sections 5(a) and (b), 147 and 148 of the Nigerian Constitution, Code of Conduct for Public Officers (Fifth Schedule Part 1), and Oath of office (Seventh Schedule) of the Constitution.”
SERAP and PTCIJ are also seeking “a declaration that sections 5.4.1(f) and 5.4.3 of the National Broadcasting Code and their application to the daily review of newspaper headlines by broadcast stations are inconsistent with sections 22 and 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.”
According to SERAP and PTCIJ, “The NBC directive fails to establish a direct and immediate connection between the reporting by broadcast stations and purported risks to national security and peace. The NBC is using ‘national security’ as a pretext to intimidate and harass journalists and broadcast stations, and to violate Nigerians’ rights to freedom of expression and access to information.”
SERAP and PTCIJ are also arguing that, “Factual reporting on the growing violence in some parts of Nigeria is a matter of public interest. National security considerations should be limited in application to situations in which the interest of the whole nation is at stake, which would thereby exclude restrictions in the sole interest of a government, regime, or power group.”
The suit filed on behalf of SERAP and PTCIJ by their lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part, “The NBC and Mr Lai Muhammed lack the power and authority to restrict the ability of journalists and broadcast stations to carry out their constitutional duties and to unlawfully impose penalty such as fines and other sanctions on any journalists and broadcast stations for reporting on details of terrorist attacks and victims in the country.
“SERAP and PTCIJ together with several millions of Nigerians easily access information, news and form opinions on government policies through the daily newspaper reviews by journalists and broadcast stations in Nigeria.
“While the NBC has the powers to make rules to enable it perform its statutory functions under section 2(1) (a) to (u) of NBC Act, such statutory powers ought to be exercised in line with the Nigerian Constitution, and the country’s international human rights obligations.
“The pertinent questions that arise from the directive are: Who determines what would amount to ‘too many details’, ‘glamourising’, ‘divisive rhetoric’, and ‘security issues’ during the daily review of newspaper headlines? What constitutes ‘divisive materials’ during the daily review of newspaper headlines by journalists and broadcast stations?
“In law, a regulation that is vague and loose in its scope cannot be used to take away constitutionally and internationally recognized human rights to freedom of expression, access to information, and media freedom.
“The interference with the constitutional and legal duties of journalists and broadcast stations cannot be justified, as Nigerian authorities have failed to show that reporting of terrorist attacks and victims would impose a specific risk of harm to a legitimate state interest that outweighs the public’s interest in such information.
“The Constitution is the ground norm and the fundamental law of the land. All other legislations in this country take their hierarchy from the provisions of the Constitution. It is not a mere common legal document.
“The Courts as the veritable agency for the protection and preservation of rule of law should ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations.
“Where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory duties, the end result will be anarchy, licentiousness, authoritarianism and brigandage leading to the loss of the much cherished and constitutionally guaranteed freedom and liberty.”
No date has been fixed for the hearing of the application for interim injunction, and the substantive suit.
News
Enforce Discipline In Legislative Service, Fubara Charges New RSHA Commission
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Rivers State Governor, Sir Siminalayi Fubara, has charged newly sworn-in chairman and members of the State House of Assembly Service Commission to achieve greater productivity, promote highest standard and insist on best practices in the discharge of Legislative services.
Governor Fubara also urged them to ensure that parliamentary staff are put through disciplinary conducts in the discharge of their duties in the service.
Governor Fubara gave the charge shortly after the chairman and members of the Rivers State House of Assembly (RSHA) Service Commission were sworn-in at the Executive Chamber of Government House in Port Harcourt, last Friday.
The Governor also sworn-in the chairman and members of the Rivers State Local Government Service Commission.
Hon Tamunosisi Gogo-Jaja, is the chairman of RSHA, with Dr Kennedy Ebeku, Hon. Soberekon Clark, Hon. Jones Ogbonda, and Hon Kingston Sylvanus as members.
For the Rivers State Local Government Service Commission, Hon GoodLife Ben will serve as the chairman, with Chief Emmanuel G. Jaja, Ms. Betty Warmate, Barrister Jerome Chimenem, Hon Prince O. Ohochukwu, Barrister Philip Okparaji, and Christian Amadi as members.
Governor Fubara explained that the constitution and swearing-in of the respective commissions were delayed with the hope that all former members of the political block will come back together but quickly added that such expectation is dashed now as governance has to move on.
He said: “As it stands now, our position is very clear. The ship that we are onboard is clear, and the activities of governance have to continue.
“So, this swearing-in is to give these two units of government – particularly, the House of Assembly Service Commission, a formal commission so that you can start carrying out the activities of promotion, discipline and every other thing that has to do with the legislative staff activity.”
Governor Fubara emphasised: “This assignment is not business as usual. You have to take full charge, and you have to ensure that there is discipline in the service.”
Speaking on the Local Government Service Commission, Governor Fubara said an acting Chairman was previously appointed to hold brief while the situation was being studied but quickly added that as it stands now, a full fledged commission has to be constituted to steer affairs.
Governor Fubara stated that the various Local Government Councils have been mandated to commence payment of the N85,000.00 Minimum Wage to their workers.
However, Governor Fubara said that mandate had met with series of complaints about ghost workers or inflated payroll staff list, which required proper scrutiny in order to ensure that only genuine workers benefit.
He said, “You must ensure that you support the Local Government Chairmen to get rid of those fake names in the payroll, so that when they implement the N85,000.00 Minimum Wage, it will not be too much burden on them.
“I am not saying you should go and dismiss people who are genuinely employed. Hear me very well: there must be proper scrutiny to be sure that whoever is there must be a genuine civil servant employed by the commission, and must have met all the conditions.”
Governor Fubara also directed the commission to address the issue of staff stagnation on a particular grade level, which is an ugly practice, and make sure those due promotion truly benefit from statutory progression in the service.
He said, “The second side is, you have the issue of promotion, you must also ensure that they are adequately promoted so that they can start enjoying like their counterparts in the mainstream.
“There is too much dragging of their promotion, for somebody to be on Grade Level 4 for over 30 years is not good. It is not good news.”
Governor Fubara maintained: “I believe strongly that you will not allow yourselves to be corrupted like those stories that we used to hear. Make sure that there is acceptable level of discipline and standard in the Local Government Service Commission.
“I also believe strongly that you are already prepared for this assignment, and since you are prepared, I will charge you to go do what you know how to do best. Be assured that the government will give you all the necessary support.”
Governor Fubara noted that the task before them could seem Herculean but they should be assured of support from his administration to drive the assignment given to them to reckonable success.
News
Be Innovative In Waste Management, Fubara Tasks RIWAMA ….. Inaugurates Six-Member Board
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Rivers State Governor, Sir Siminalayi Fubara, has said that the open dumping of wastes has to be replaced with a more innovative and efficient disposal method so that wastes can be taken off the streets and turned into income-yielding ventures.
Governor Fubara made the assertion while giving charge to the newly constituted Board of Directors of the Rivers State Waste Management Agency (RIWAMA) and its Managing Director at Government House in Port Harcourt, last Friday.
The Board members included Engr. Edward Namiesimagh as the chairman, while Hon. Bishop Best, Dr. Ipalibo Sogules, Richard Mazi, and Civian Y. Nwibari are members, with Hon. Orukwem Amadi-Oparaeli as the Managing Director.
Governor Fubara said waste disposal and management have remained a major global concern, adding that over the years, successive administrations in the State had struggled to take wastes off the streets but ended up taking them to other dumpsites where they constitute nuisance and environmental hazards.
He said, “Today, I am here putting a team together to look at these challenges differently. Let it not be the regular pattern whereby at the end of the month, you come to collect money from me for payments.
“Don’t indulge in appointing your friends as sweepers, evaluators of debris, then you start building hotels, or buying big cars. Let us go beyond that and tap into the potentials of waste management.
“It is an area in this world that there is so much money in. It is an area that creates employment, and generates huge revenue. It is not just depending on what I will give to you. Consider what change you’ll bring to the work, that’s what I want to see in Rivers State.”
Governor Fubara told them that they were carefully selected because of the experiences they had garnered in their previous public assignments, and urged them to replicate their successes on a bigger scale with the new appointment.
The Governor advised them to work assiduously to bring back the beauty of Port Harcourt with effective waste disposal drive, and ensure the city is clean and green to reflect its old Garden City status.
Governor Fubara emphasised: “If not for our effort, today, some people could have even changed it to become Garbage City. But God forbid, it is not going to be in our own time.
“I want you to understand that I feel very unhappy with the sight I see. When you are driving into Port Harcourt, one of the first things that will welcome you is the waste dump that you see along the Obiri-Ikwerre-Airport Road. I don’t feel happy about it.
“Your first task should be to relocate it. That particular place needs to be completely closed because it is the entrance to the city. You need to get a new place where we can relocate our wastes.”
Governor Fubara urged them to be more responsible as they discharge their assignment, saying that it is more important to see results than being merely preoccupied with the aura of office.
The Governor warned that he will not hesitate to relieve anyone found wanting, and return the agency back to the era of a sole administrator running the affairs of the agency.
He noted, “This team cuts across all the Senatorial Districts, so that whatever you are going to do there, you ensure it spreads. While you are also carrying out this job, let it be known to the world that the interest of everybody in the State is accommodated.
“It shouldn’t be one-sided. Make sure that all our supporters who have the capacity and competence to do little jobs in the refuse area are also accommodated. I am serious. I have no doubt that you are going to impress us. So, I charge you to do all you can to make sure that the face of Port Harcourt changes when it comes to the issue of refuse.”
Governor Fubara told them to be good ambassadors of his administration as they interface with members of the public while also changing the face of refuse management in the State.
In his acceptance speech, Chairman of Rivers State Waste Management Agency (RIWAMA), Engr. Edward Namiesimagh, expressed appreciation to the Governor, on behalf of members of the Board, for finding them worthy to handle such difficult but surmountable task of keeping Port Harcourt clean.
He said, “When I see the calibre of people you assembled, all of us are happy, and I assure that with our period of experience in our fields and politics and interaction with people and the zeal that comes with this job, we assure you that we will do our best to make sure that the policy of restoring Port Harcourt to its lost glory is achieved with your support.”
News
Fubara Graces Agric Commissioner’s Wedding At Ciwa
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Rivers State Governor, Sir Siminalayi Fubara, on Saturday, graced the solemnization of Sacrament of Matrimony between Engr Victor Kii, and his heartthrob, Engr Mercy Mankwe.
Engr Kii is the Rivers State Commissioner for Agriculture.
The wedding ceremony was held at Our Lady of the Holy Rosary Chaplaincy, Catholic Institute of West Africa (CIWA), along the Port Harcourt-Aba Expressway, Rumuibekwe in Obio/Akpor Local Government Area.
In his Homily, the Chief Celebrant, Bishop of the Catholic Diocese of Sokoto, Most Rev Matthew Hassan Kukah, said marriage is an enduring union, ordained by God for two persons – man and woman – who have decided in love to live their lives together.
Bishop Kukah stated that people in such Christian marriage should know that they are in an indissoluble union, bounded by faith, and advised them to gladly make personal sacrifices in tolerance and care for each other so that they can have a healthy, successful and rewarding life together.
In his vote of thanks, co-celebrant, Very Rev Monsignor Pius Kii, showered commendations on the Governor for his fatherly support to the family, and the numerous landmark achievements in various sectors across the State.
The clergy and the church took the opportunity to pray for the success and good health of Governor Fubara and his administration, and urged God to protect, guide and defend him at all times.
The church also presented 50th birthday cake and gifts to the Governor, and also sang birthday songs to accentuate the celebration.
Highlights of the event were the signing of the marriage register by the new couple, Victor and Mercy, and the cutting of the 50th Birthday cake by the Governor.
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