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Lopsided Appointments: NASS Gets 30 Days To Respond To Suit Against Buhari
The Abuja Division of the Federal High Court, on Wednesday, gave the National Assembly, 30 days to respond to the suit that elder statesmen and leaders of socio-cultural groups in the Southern and Middle Belt regions of the country, filed to challenge alleged lopsided appointments by President Muhammadu Buhari.
The sixteen elder statesmen told the court that most appointments Buhari made since the inception of his administration in 2015, were in breach of the 1999 Constitution and the Federal Character Principle.
The plaintiffs, led by Chief Edwin Clark, Chief Reuben Fasoranti, Dr. John Nnia Nwodo, Dr Pogu Bittus, Chief Ago Adebanjo, Alaowei Bozimo, Mrs Sarah Doketri, Chief Chukwuemeka Ezeife and Air Commodore Idongsit Nkanga, alleged that the Southern and Middle Belt regions have been deliberately marginalized by the Buhari-led government.
They are praying the court to among other things, determine whether it was not “reckless and adverse to the interest of Nigeria”, for President Buhari to obtain a loan facility from the Islamic Development Bank, African Development Bank, the World Bank, China, Japan and Germany amounting to $22.7billion, for infrastructural development, only to allocate the bulk of the fund to the Northern region.
They are seeking a declaration that the loan facility purportedly for infrastructural development wherein less than 1% of the amount is to be allocated to the South-East Zone of Nigeria for specific infrastructural development, violates Section 16 (1) (a) (b) and S16 (2) (a) (b) (c) of the 1999 Constitution (as amended), as well as, “A declaration that the 1st Defendant’s procurement of any loan which would increase Nigeria’s outstanding debt by up to 30% of its GDP or which would increase its interest payment above 50% of government revenue is unconstitutional”.
Other plaintiffs in the suit marked FHC/ABJ/CS/595/2020, are Senator Kofoworola Bucknor-Akerele, Prof Julie Umukoro, Elder Stephen Bangoji, Alhaji Tijani Babatunde, Mrs Rose Obuoforibo, Mr Adakole Ijogi and Dr. Charles Nwakeaku.
Aside from Buhari, also listed as 2nd to 4th Defendants in the matter are the Attorney-General of the Federation, Clerk of National Assembly and the Federal Character Commission.
When the matter came up on Wednesday, Justice Okon Abang, gave the NASS which has been included as the 5th Defendant the leave to file its response.
The court also directed the AGF to regularize his own process which it noted was filed out of time, even as the case was adjourned till January 13, 2021, for hearing.
Specifically, the Plaintiffs, in the suit they filed through a consortium of lawyers comprising of 10 Senior Advocates of Nigeria led by Chief Solomon Asemota, SAN, and Chief Mike Ozekhome, SAN, are further praying the court to determine: “Whether the power to appoint designated public officers, including permanent secretaries, principal representatives of Nigeria abroad, which is vested in the 1st Defendant has been lawfully exercised by him since the inception of his administration from 2015 till date and Whether his actions are in breach of Sections 171(5), 814(3) (4) of the 1999 Constitution (as amended).
“Whether the power to appoint Nigeria’s Armed Services Chiefs, other Commanders or top officials of the respective Armed Forces Higher and High Commands’ General Staff; namely the Chief of Defense Staff (CDS), Chief of Army Staff (COAS), Chief of Naval Staff (CNS) and Chief of Airforce Staff (CA8); the other statutorily established Nigerian National Security agencies or services , namely: The Inspector General of the Nigerian Police (1GP), the Directors General (DGs) of the State Security Service (SSS), National Intelligence Agency (NIA) and the Defense Intelligence Agency (DIA); the Heads of National Security Associated Federal Government (FG) establishments, namely the Nigerian Civil Defense and Security Corps (NCDSC), Economic and Financial Crimes Commission (EFCC), the Nigerian Customs and Excise Service, the Nigerian Immigration Services (NIS), the Nigerian Correctional Services (NCS), the National Emergency Management Authority (NEMA), the National Youth Service corps (NYSC), the National Security Adviser (NSA), the Ministers of Defense, Interior, Police and the respective National Security ministries’ Permanent Secretaries’ which is vested in the 1st Defendant, has been lawfully exercised by the 1st Defendant since the inception of his administration and whether these appointments are in compliance with 81(2), 814(3)(4), 8217(3) of the 1999 Constitution (as amended).
“Whether by virtue of Section 5 of the 1999 Constitution (as amended) which vests the Executive arm of government with a constitutional responsibility and obligation to execute and uphold the tenets of the 1999 Constitution (as amended), particularly the country’s national interest, sovereignty and security is not violated by the lopsided nature of the current appointments into federal agencies are parastatals made by the 1st Defendant.
“Whether the 1st Defendant’s frequent arbitrary extension/elongation of appointment tenure beyond statutory prescription is not unconstitutional and inimical to the wellbeing, morale and harmony within the government workforce?
“Whether the 1st Defendant’s frequent appointment of retired persons instead of the most senior staff, is unconstitutional and tantamount to an abuse of office and threat to national unity?”
Upon determination of the questions, the plaintiffs prayed the court to declare, “That the present composition of the government of the federation, and most of its agencies, especially as regards the composition of its security and quasi-security architecture do not reflect the Federal Character of Nigeria but rather there is a predominance of persons from a few states and sectional groups dominating the opportunities and threatening national unity and integration.
“A declaration that the various appointments into positions in government, especially into strategic government agencies such as NNPC, NIA and other strategic infrastructural and regulatory institutions are ethnically discriminatory and lopsided and these violate the express provisions of the constitution as contained in Sections 14, 171 (1), 171 (5) of the 1999 Constitution (as amended)and therefore unconstitutional, illegal and ultra vires.
“A declaration that the country’s security architecture is in substantial, noncompliance, nonconformity and violation of Sections 217 (3), 218(2), 219 of the 1999 Constitution (as amended) and is therefore unconstitutional and ultra vires.
“A declaration that the 1st Defendant’s exercise of his power to make appointments as contained in S171 is not only governed by S171 (5) but also by the Public Service Rules, 2008.
“Consequently, the 1st Defendant’s indiscriminate and unlawful elongation of tenure of persons due for retirement and wanton extension of the tenure of heads of various government departments and agencies is also a violation of S14 (2), S15 (5) of the Constitution which prohibits abuse of power and promotes social justice.
“A declaration that the Defendants deliberate misinterpretation, misapplication and/ or non-application of the 1999 Constitution (as amended) and other extant laws herein enumerated have marginalized, discriminated against, and treated citizens that the Plaintiffs represent as second class and inferior citizens in their own country.
“A declaration that Section 10 CFRN prohibits the government from passing laws, legislation or engaging in activities, programmes, and projects seen as establishing an official religion or preferring one religion over another in Nigeria.
“A declaration that the Defendants derive their powers from the Nigerian Constitution, and must act within the ambit of the supreme provisions of the 1999 Constitution (as amended). Consequently, actions taken by the respective organs of government in violation of the 1999 Constitution (as amended) are unconstitutional, ultra vires and null and void. “A declaration that because the 1999 Constitution (as amended)is not suspended; it must be obeyed and adhered to.
“A declaration that Nigeria is a federal system of government, with federating states, and a Federal Capital Territory in accordance with Section 2(2) of the 1999 Constitution (as amended). Therefore, any system of governance operated contrary or inconsistent with the provisions of the 1999 Constitution (as amended) shall be deemed unconstitutional or illegal.
“An order of perpetual injunction restraining the Defendants, whether by themselves, servants, agents and/or privies, howsoever, from further appointing persons from only favoured sections of the country as Heads of key government positions and security and quasi security agencies of Nigeria to the detriment and exclusion of other sections of the country.
“An order of perpetual injunction restraining the Defendants, whether by themselves, servants, agents and their privies howsoever, from further violating the Public Service Rules 2008 and Armed Forces Act 2004 by extending tenures of personnel who have reached retirement age in accordance with the law.
“An order directing the 1st Defendant to forthwith revert the lopsided appointments complained about in the security and quasi security agencies and immediately take steps to appoint persons from other states and geopolitical zones, in line with the provisions of the 1999 Constitution (as amended) of the Federal Republic of Nigeria, as amended.
“An order directing the 1st Defendant to forthwith reverse the lopsided appointments made in the public service, diplomatic service and other principal Representatives of Nigeria abroad.
“An order suspending any further admission of Africans into Nigeria without e-visas, the requisite visas or e-migrant visas, until the adequate border control guidelines, training and bilateral reciprocity and waivers are agreed upon”.
Besides, the court was urged to award N50billion against the Defendants to represent punitive, aggravated and exemplary damages to the constituents of the Plaintiffs for the illegal, wrongful discriminatory and unconstitutional acts committed by the 1st Defendant against the people of the Plaintiffs’ states and geopolitical zones.
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Arson: Those Behind It’ll Account For Atrocities -Fubara …Swears In Bipi, Three Others As Commissioners
Rivers State Governor, Sir Siminalayi Fubara, has said that his administration will not fold its hands and watch sponsored political thugs run berserk, committing arson in the State.
The Governor, therefore, assured that, working with the Nigerian Police Force and the Directorate of State Services (DSS), measures will be taken to unravel those behind the recent burning of council Secretariats at Ikwerre, Emohua and Eleme Local Government areas, with a view to making them account for their atrocities.
Governor Fubara gave the assurance while swearing in four new commissioners into the Rivers State Executive Council at Government House in Port Harcourt yestersday.
Those sworn in are Hon. Israel Lebura Ngbuelu, PhD; Hon. Evans Bapakaye Bipi; Barrister Otamiri John Ngubo; and Hon. Barrister Benibo Anabraba.
Governor Fubara recalled mentioning when he sworn-in newly elected Local Government Councils’ Chairmen on 6th October, 2024, that there was intelligence on planned mayhem by misguided persons, who had threatened to prevent the elected officers from resuming duties.
True to it, Governor Fubara said, the sponsored political thugs hatched their plans, and burnt valued buildings at some council secretariats.
He said, “I said it before it happened. I knew because they were unhappy, they would go extra miles to create disaffection in the minds and hearts of the good people of Rivers State.
“We want to also let the people know that what has happened (arson) after the election, we are not going to allow it to go uninvestigated.
“A similar event had happened in this manner before, and after some weeks, some of our supporters were declared wanted in order to turn the story around.
“But this time around, I strongly believe, with the support and cooperation of the Nigerian Police and the Directorate of State Services (DSS), we will unravel those behind the assault and make sure that they account for their atrocities.”
Governor Fubara expressed appreciation for the show of patience and calmness by majority of Rivers people despite the fact that they are angry with the reckless acts of the misguided miscreants.
The Governor said he has continued to show leadership, provided the climate that has engendered productive endeavours, and will not mislead those he is leading.
“As your leader; the one steering the ship, I assure you I will not mislead anyone of you. I still stand on the path of peace. We have cases of arson in some local government areas.
“But, I appreciate your calmness. I have always maintained that we are going to be the greatest losers, if we meet them force-for-force. We need to go with peace.
“So, I will encourage everyone of you not to follow them with violence. We are carrying a basket of precious eggs in our hands. So, we need to follow them with carefulness and wisdom.”
Governor Fubara reiterated what he said the previous day on what should matter most for Rivers State, which is a firm support to ensure that the progress of Nigeria is sustained.
He said, if oil theft is not checked, the country’s economy will be badly impacted, and there will not be funds to address critical issues.
“We are in a situation where the fund that is being generated from oil production is not sufficient to tackle the challenges of Nigeria, and every hand has to be on deck to make sure that there is increase in production.
“Our focus here, not minding the distractions, will be how to provide support. You have to work with us to make sure that we curb this issue of oil theft and pipeline vandalisation.
“This is the only way that the allowances (revenue) will increase and more will also come to our State, and more progress will also be achieved in this State.”
Governor Fubara explained that his administration is doing a lot for the good people of the State, that are not being seen because of the political drama that takes their attention away.
He, however, said that his administration is working out modalities, and will soon choose a day, which could probably be before the end of October, 2024, to showcase a few projects and services that have positively impacted lives in the State.
Governor Fubara congratulated the newly sworn-in commissioners for making it into the Rivers State Executive Council.
He explained that more persons whose loyalty are for Rivers people and the administration needed to be admitted into the Rivers State Executive Council to help drive the policy of government because they will not resign their appointment.
Governor Fubara said: “We want to be sure, at this point, who we are adding into the Council, so that we will not wake up one morning and see resignation letter. So, we are taking our time.
“And usually, after a normal political period, there used to be what we call balancing. So, I can also say that the new Commissioners that are coming in are coming from their zones to also balance the political equation.”
Governor Fubara charged them to be dedicated, forthright, diligent and productive while rendering quality services to the State.
The Governor said he believed in their capacity to deliver because of their exposure to the workings of government, and expressed the hope that they will contribute positively to the success of the administration.
He said, “So, let me thank everyone of you. Let me also use this opportunity to thank the good people of Rivers State for their support, and to assure them that we will continue to defend, protect the interest of Rivers people.
“I want to thank everyone of you for your support, more especially before, during and after the elections. I appreciate your doggedness, your belief in our course to salvage this State, to protect the integrity of this State,” he added.
Head of Civil Service of the Federation (HoCSF), Mrs Didi Walson-Jack, has sought media support to fast-track the implementation of the ongoing reforms in the civil service sector.
Walson-Jack made the request during a cocktail organised by her office for media executives from different organisations in Abuja.
The event, according to her, aimed at interacting with the media men one-on-one, appreciate them and implore them to continue to strengthen the bond with the office.
“I want to start by thanking each and everyone of you for honouring this invitation. I want to say that we purposely designed this grail cocktail so that we can have one-on-one interactions.
“Let me also go ahead to thank you for all the supports you have given to the Office of the Head of the Civil Service of the Federation (HCSF) in the years past I know that the Fourth Estate of the realm has always supported this office.
“I will also go ahead to thank you for your support, especially at my announcement as the HoCSF and that support has continued, up till date.
“We, therefore, thought it fit that we should organise this event just to interact with you to strengthen the bond that this office has with the media, “ she said.
The HoCSF recalled that her office had continued with programmes she met on ground upon assumption of office, especially the ongoing reforms on Federal Civil Service Strategy and Implementation Plan (FCSSIP- 2022 to 2025).
She, therefore, appealed to the media for continuous reportage on the initiative, so as to give it the necessary publicity for proper dissemination to the citizens.
“You will recall that the office has the Federal Civil Service Strategy and Implementation Plan (FCSSIP- 2022 to 2025) and that is the plan that we are still driving.
“We want to request that you collaborate more with us, we are asking that the friendship, the partnership go beyond what it is now to ensure that the reforms which this office is driving get the full publicity it requires,” she said.
Walson-Jack used the medium to announce the preparation to re-introduce the civil service national anthem officially for the entire civil servants to recite at every national programme.
“The anthem has been re-introduced to drive the reforms and it’s expected that the anthem will be sung by all federal civil/public servants and indeed Nigerians.
“And it will be an anthem that will encourage every public servants to be efficient, productive, incorruptible and citizen-centred, “ she added.
Participants at the event congratulated Mrs Walson-Jack for her uplifting to the position of the HoCSF and pledged to continue in the relationship.
In a response, Mr Ephraims Sheyin, Editor-in-Chief, News Agency of Nigeria (NAN), pledged the agency’s readiness to give the HoCSF the needed support.
According to him, supporting government policies has always been NAN’ priority as government’s owned media organisation.
“You can take it for granted that we are going to give the Office total support. It is part of our own mandates to support Federal Government policies, so we are going to do that fully for the head of service.
“As she said, she has her policies which are in tandem with the federal government policies, she is asking for the support in implementation of the Federal Government policies.
“She has very lofty ideas, she has lofty things that she believes that we should do. Our job is to make sure that whatever government wants to do, we have to support such policies, “ he said.
Speaking in the same vein, Mrs Halima Musa, Director News, NTA, assured her office’s partnership with the Head of service towards ensuring communicating the needed values on excellence, incorruptibility and new culture of efficiency to the public.
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LG Polls: Rogue Policemen Break RSIEC Gate, Strong Room To Steal Electoral Materials …Fubara Foils Attempt To Cart Away Materials
Rivers State Governor, Sir Siminalayi Fubara has foiled an attempt by the Nigerian Police, led by the Deputy Commissioner of Police (Operations), to take over the Rivers State Independent Electoral Commission (RSIEC) at 1am on Friday, 4th October, 2024.
The rogue policemen were said to have attempted to scale through the gates and strong room of the Commission to cart away sensitive Electoral materials meant for the conduct of Saturday’s local government election in the State.
The deployment was said to have been ordered by the Inspector-General of Police.
However, the evil plots of the rogue policemen and DC Ops were botched when vigilant security officials alerted principal officers of the Commission and relevant government authorities, who immediately informed the Governor of the development.
The Governor immediately led a team of government officials, lawmakers from the National Assembly and State House of Assembly, top political stakeholders, and other leaders to storm the facility.
Addressing newsmen in front of RSIEC Office on Aba Road in Port Harcourt, after an encounter with the rogue policemen, the State Governor, Sir Siminalayi Fubara condemned the conduct of the policemen on illegal duty, saying that the IGP was taking his friendship with some Abuja-based politicians too far.
He restated the position that the attempt to surreptitiously withdraw policemen already deployed to protect the facility, and replace them with a detachment from a neighbouring State was unacceptable.
He reminded the IGP that local government election was the internal affairs of states, and advised him to allow the federation unit conduct its affairs without interference.
At present, the Chief of Staff, the Speaker of the Rivers State House of Assembly, and State and National Assembly members, alongside other stakeholders, are manning the RSIEC office to ensure that the rogur policemen in two trucks and two Hilux vehicles do not return and that elections will go ahead as scheduled on Saturday.