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Senate Debates Emergency Rule In Three States, May 21 …As Army Begins Offensive Against Terror In Borno

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The Senate has fixed May 21 for discussions on the state of emergency declared by President Goodluck Jonathan in Borno, Yobe and Adamawa States.

The Senate President, Sen. David Mark, announced this yesterday when he requested the senators at plenary session and those absent to be present on the day.

Mark said their presence was imperative for the Senate to form a quorum to deliberate on “an important national issue”.

“I would like to appeal to all distinguished colleagues here present and those who are not here, that they should be present on Tuesday, May 21, 2013.”

He said this was necessary “so that we form a quorum to deliberate on a sensitive matter that will be before us on that day’’.

Our correspondent  reports that out of the 109 senators,only 54 attended yesterday’s session.

Section 305 of the 1999 Constitution provides that the proclamation of a state of emergency has no effect unless the National Assembly passes a resolution, supported by two third majority of each House.

It adds that the proclamation is to take place within two days when the National Assembly is in session and 10 days when not in session, after the publication in the Official Gazette of the Federal Government.

“A proclamation issued by the President under this section shall cease to have effect if it affects the Federation or any part thereof and within two days when the National Assembly is in session.”

The Leader of the Senate, Senator Victor Ndoma-Egba, said the delay in the debate could not breach the Constitution since the proclamation had not been published in the government gazette.

“ The Constitution is very clear. You start counting the days from the date of the publication of the gazette. We haven’t seen any gazette.

“It is when the gazette has been published, if we are in session, we are obliged to approve or confirm it within two days.

“If we are not in session, then we are obliged to approve or reject it within 10 days. Section 305 does not provide a timeframe for the publication of the gazette.’’

“There is a lacuna here, but so far no provision of the Constitution has been breached and there is no constitutional crisis”, he said.

Meanwhile, More than 2,000 Nigerian troops have begun an offensive to retake territory seized by Boko Haram Islamist insurgents in the remote villages in north-eastern Borno State , some of them raiding camps in a game reserve, a military source told newsmen, yesterday.

The military has launched a sweeping operation to flush out Boko Haram fighters, a radical group which says it wants to create an Islamic state in northern Nigeria.

The offensive follows an admission by President Goodluck Jonathan that Boko Haram had “taken over” parts of the northeast and declared war against the Nigerian government, prompting him to impose emergency measures in the three states.

A military source, who requested anonymity, told newsmen that operations had started in, at least, one area of Borno State, the epicentre of the insurgency.

“Our men raided some terrorist camps in the Sambisa Game Reserve,” in northern Borno, early on Wednesday, he said.     ‘

In January, the military stormed Boko Haram training facilities in the same area.

The source added that 2,000 troops had been deployed to Borno but declined to comment on the number of forces sent to the two other affected states, Y obe and Adamawa.

Army spokesman, Brigadier General Ibrahim Attahiru refused to discuss figures.

Residents in all three states have reported seeing an increased number of military personnel.

Zangina Kyarimi, who lives in the remote town of Marti in northern Borno towards the border with Chad, told newsmen yesterday that “large military teams” arrived late Wednesday.

“I saw dozens of military vans and trucks accompanied by tanks,” he said by phone from the town which is considered a Boko Haram stronghold.

“We are afraid of what might happen in the coming days. We are thinking of leaving.”

The security forces yesterday told banks to close in the town of Gashua in Yobe State, where suspected Boko Haram fighters attacked the police and a series of buildings on April 26, resident Musa Saminu said.

“Around 30 military vans passed through the town … They were heavily armed. Some of them went to the banks and asked them to close down as a precaution,” he said.

Red Cross spokesmen, Nwakpa O. Nwakpa said the orgainsation was prepared to offer relief to civilian impacted by the military operation

Nigeria’s security forces have been accused of massive rights abuses in campaigns against Boko Haram, which may have amounted to crimes against humanity, according to Human Rights Watch.

Boko Haram entrenched itself in the expansive region bordering Cameroun, Chad and Niger Republic due to relatively modest military presence and despite the boosted number of troops some analysts believe the Islamists will be able to spread out and find safe havens.

Boko Haram has carried out scores of attacks across northern and central Nigeria since 20-10, but experts say that in recent months, the Islamists have become better armed and better funded.

The group is believed to be led by Abubakar Shekau, declared a global terrorist by the United States, but the extent of his control is unclear.

Shekau has rejected any form of negotiation with the Federal Government.

The Boko Haram conflict is estimated to have cost 3,600 lives since 2010, including killings by the security forces.

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Bill For Compulsory Counselling For Convicted Corrupt Nigerians Scales Second Reading

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A bill to amend the Corrupt Practices and Other Related Offences Act 2000 has passed its second reading in the House of Representatives.
The bill, which mandates compulsory counselling and training for individuals convicted of corruption-related offences, was sponsored by Kayode Akiolu (APC-Lagos) during plenary on Wednesday.
Leading the debate, Mr Akiolu explained that the bill sought to amend Section 67 of the principal act, introducing new provisions that were not part of the original section.
“These additional provisions, found in subsections 2, 3, and 4 of the amendment bill, require judges and magistrates to not only impose imprisonment and/or fines on those convicted of corruption but also mandate a minimum four-week anti-corruption counselling and training.
“The counselling and training will be designed and delivered by the Anti-Corruption Academy of Nigeria (ACAN) and aims to address the psychological factors related to corrupt behaviour,” Mr Akiolu said.
Mr Akiolu emphasised that the training would help reform convicts by addressing their corrupt tendencies and could even transform them into advocates for anti-corruption efforts.
He added that this approach aligned with the reformative aspect of the criminal justice system, which focused on punishment and rehabilitation.
“As per subsection 4, the bill allows magistrates and judges to order convicts to cover the cost of their counselling and training, preventing additional financial burdens on the government,” the lawmaker noted.
Mr Akiolu further argued that if the bill is passed into law, it would strengthen the country’s fight against corruption.
Given the widespread negative impact of corruption, he urged the House to support the bill for the country’s benefit.
Following the debate, Speaker Tajudeen Abbas referred the bill to the relevant committee for further legislative consideration.

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Judiciary, Media Key Pillars Of Democracy, Says CJN

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The Judiciary and the Media are key pillars of democracy, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has said.
Kekere-Ekun made this statement in her address at the 2024 National Conference of the National Association of Judiciary Correspondents (NAJUC).
The CJN was represented by Mr Abdulaziz Olumo, the Secretary of the National Judicial Institute (NJI).
“ The judiciary and the media occupy unique and complementary roles in any democratic society.
“ The judiciary serves as the guardian of justice, equity, and the rule of law, the media acts as the conscience of society, disseminating information, shaping public opinion, and ensuring accountability.
“ Together, these institutions provide checks and balances that strengthen the fabric of democracy,” she said.
Quoting Felix Frankfurter, a former U.S. Supreme Court Justice, she said: free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society.”
The CJN said this dynamic interdependence between the judiciary and the media presents opportunities and challenges alike.
“ The media is entrusted with the responsibility of informing the public about judicial activities, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work.
“ However, the inherent power of the media to influence public opinion requires careful management, especially when its focus turns to judicial proceedings.
“ The question posed by Robert J.Cordy, a former Associate Justice of the Massachusetts Supreme Judicial Court, is pertinent here: “What happens when the free press turns its sights on the courts-scrutinizing, sensationalizing, and exposing the frailties of the judiciary while questioning its ethical standards and performance?”
“The media’s capacity to shape narratives and perceptions is undeniable” she said.
Quoting Jim Morrison , she said “Whoever controls the media controls the mind.”
According to her, this underscores the immense responsibility placed on journalists to report truthfully, fairly, and objectively.
“ Unfortunately, the commercialisation of news and external influences have led to the rise of sensationalism-a practice that distorts facts, erodes trust, and undermines the very essence of journalism.
“ Sensationalised headlines, such as the infamous 2016 headline “We raided the houses of ‘corrupt, unholy’ judges, says DSS,” can paint a skewed picture of the judiciary and its officers. Such reporting, often devoid of context, compromises the integrity of the justice system and misleads the public.
“ Closely tied to this is the issue of “trial by media,” where premature and often biased media narratives prejudge cases and infringe on the constitutional rights of individuals” she said.
She added that as Mahatma Gandhi rightly observed, “The sole aim of journalism should be service.” It is imperative for media practitioners to remain steadfast in their commitment to truth and objectivity.
To this end, she advised, the National Association of Judiciary Correspondents to take proactive steps to regulate the activities of its members.
“ This is not merely about enforcing rules but about fostering professionalism and safeguarding the credibility of the media.
“ The judiciary and the media must work as partners in progress.
“ To bridge the gap between these institutions, there is a pressing need for constructive engagement and mutual understanding.
“ Courts can provide the media with guidelines on judicial processes, courtroom decorum, and the nuances of court proceedings.
She noted that globally, courts have adopted initiatives to support the media’s role in reporting judicial matters.
For instance, she said the Supreme Court of Dakota’s media guide outlines protocols for courtroom reporting, while the UK ‘s Media Guidance document provides clarity on access and etiquette for journalists.
“ These examples demonstrate how structured collaboration can enhance the quality of judicial reportage.
“ In Nigeria, we can take a cue from these models by developing a comprehensive media guide tailored to our judicial landscape.
“ This initiative, which would involve inputs from NAJUC and judicial stakeholders, would not only enhance media access to courtrooms but also ensure that judicial activities are accurately and responsibly reported” she said.
She advocated that judiciary correspondents must make deliberate efforts to familiarise themselves with the rules and procedures of the courts.
She added that understanding these frameworks will enable journalists to navigate the complexities of judicial proceedings effectively and responsibly.
“ Training programs such as this conference play a crucial role in equipping judiciary correspondents with the knowledge and skills needed to report judicial matters accurately.
“ The theme of this year’s conference, “The Role of Courts in Enforcement of Judgments,” is both timely and significant, as it addresses an aspect of judicial work that is critical to upholding the rule of law and ensuring justice.
“ I commend NAJUC for its commitment to promoting accountability and transparency through its engagements with the judiciary.
“ As I conclude, I must emphasize the importance of credible journalism in strengthening public trust in the judiciary” she said.
She urged judiciary correspondents to prioritise the pursuit of truth and objectivity, resist undue influences, and remain steadfast in their commitment to ethical standards.
She commended the leadership of NAJUC, under the chairmanship of Mr Kayode Lawal, for its efforts in promoting professionalism among judiciary correspondents.

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Senate Issues Arrest Warrant Against Julius Berger MD Over Road Project

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The Senate has issued an arrest warrant for the Managing Director of Julius Berger Nigeria Plc, Dr Peer Lubasch, to appear before its Committee on Works.
The Tide’s source reports that the warrant was for Lubasch to explain the utilisation of funds appropriated for the reconstruction work on Calabar-Odukpani-Itu highway.
The warrant followed the adoption of a motion sponsored by Sen. Osita Ngwu (PDP- Enugu) and co-sponsored by Sen. Asuquo Ekpenyong (APC-Cross River) and Sen. Mpigi Barinada (PDP- Rivers) at plenary in Abuja, yesterday.
Ngwu, in the motion said, that the senate had mandated the committee on works to conduct investigation into the state of road infrastructure across the country.
He said that in furtherance to the investigative hearings, Julius Berger refused to honour invitations to provide details of its role in the Calabar-Odukpani-Itu highway project, in spite of receiving substantial public funds.
He said that this was worrisome, given the alarming discrepancies in performance among contractors on the project, with specific reference to Julius Berger for failing to meet delivery timelines.
Ngwu said it was the constitutional powers of the National Assembly under Sections 8 and 89 of the 1999 Constitution, as amended, to conduct investigations on any person or organisation responsible for administering public funds.
He said that the powers set out in section 6 of the legislative powers and privileges act empowered the Senate to issue warrants of arrest on persons in contempt of its proceedings.
The Tide source reports that the senate further ruled that President of the Senate, Godswill Akpabio, should sign the warrant, mandating the Julius Berger managing director to appear on a date to be communicated.
Akpabio said that the senate’s decision was in line with its constitutional powers under Section 89 of the 1999 Constitution (as amended).
“This senate will not tolerate the continued disregard of its authority.
“The managing director of Julius Berger must appear before the relevant committee, failing which further actions will be taken as prescribed by the constitution.
“The point of order, which was supported by the majority of the senators, highlighted the importance of upholding the integrity of the legislature.
“The senate committee will submit its findings to the National Assembly after the MD’s appearance.
“If there is any further failure to comply, we shall take the necessary steps to ensure respect for the constitution and the rule of law,” Akpabio said.

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