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NSCDC Can’t Regulate Varsities’ Security Depts, Court Rules
A Federal High Court in Abuja has voided the directive by the Nigeria Security and Civil Defence Corps (NSCDC) to universities to register their security departments with it, failing which the institutions would be shut and their Vice Chancellors arrested.
In a judgement, yesterday, Justice Evelyn Maha, held that the NSCDC was not empowered by any law to regulate activities of the security department of any university in Nigeria.
Justice Maha held that if the National Assembly wanted the NSCDC to have control over activities of universities and their security departments, the Legislature would have made law to that effect.
The judgment was on a suit marked: FHC/ABJ/CS/1032/2019 filed by the University of Calabar (UNICAL) and its Vice Chancellor.
The plaintiffs claimed that sometime in August, 2019, the NSCDC wrote a letter to the University of Calabar, a statutory body established by the University of Calabar Act 1979, demanding that the university should register its security department as a Private Guard Company or the NSCDC will enter the university and arrest the Vice Chancellor and the institution’s other staff for ostensibly breaking the law.
On receiving the NSCDC’s letter, the institution asked its lawyer, Emmanuel Umoren to write a reply to the letter, which he did.
Upon its receipt of the university’s reply, the NSCDC issued a 14-day notice for the university to obey the directive, failing which it will close down the school and arrest its staff.
The threat made the university to sue in a bid to determine its rights as a body created by statute vis a vis the directive from NSCDC.
Defendants in the suit are the Attorney General of the Federation (AGF), Minister of Interior and NSCDC.
In the judgment delivered on February 20, 2020, a certified true copy (CTC) of which was sighted in Abuja, yesterday, Justice Maha granted the reliefs sought by the plaintiffs.
The judge struck down Paragraph 25 of the Private Guards Companies Regulation (PGCR), 2018 which gave the NSCDC powers to compel persons generally carrying on security work to register as private guards companies.
She held that the portion of PGCR was ultra vires the powers donated by the National Assembly to the Minister of Interior (NSCDC’s supervising minister) under the Private Guard Companies Act.
Justice Maha proceeded to declare that the 1st plaintiff’s (UNICAL’s) security department, by its nature and being an apparatus of an organisation established by an Act of the National Assembly, University of Calabar Act, 1979, does not fall within the jurisdictional scope and or category of persons and/or bodies to be regulated by the 3rd defendant and cannot therefore be required and or compelled to be registered and/or licensed by the 3rd defendant.
She also declared that the 2018 Private Guard Companies Regulations (PGCR) do not confer authority on the 3rd defendant to regulate the activities of University of Calabar.
The judge further declared that the Private Guard Companies Act, Cap P30, LFN 2004, Nigeria Security and Civil Defence Corps Act, Cap N146, LFN 2004 would have been amended by the National Assembly to enable the defendants, especially the 3rd defendant regulate activities of the 1st plaintiff, if it was the intention of the Legislature.
Justice Maha granted an order of perpetual injunction, restraining the defendants jointly and severally, whether by themselves or through their officers and members from embarking on any action against the 1st plaintiff’s security department, including but not limited to sealing up the 1st plaintiff under the guise of purportedly enforcing the provisions of the Private Guard Companies Act, Cap P30, LFN 2004, the Private Guard Companies Regulations 2018 and therefore disturbing the 1st plaintiff and its security department in the discharge of its lawful duties.
The judge equally granted an order of perpetual injunction, restraining the defendants jointly and severally, whether by themselves or through their officers and or agents, from embarking on any action against the plaintiffs including but not limited to the arrest and prosecution of the 2nd plaintiff and any other officer or staff or agent of the 1st plaintiff under the guise of purportedly and unlawfully enforcing the provisions of the Private Guard Companies Act, Cap P30, LFN 2004, Nigeria Security and Civil Defence Corps Act, Cap N146, LFN 2004, the Private Guard Companies Regulations 2018, and therefore, disturbing the 1st plaintiff and its security department in the discharge of their lawful duties.
“A declaration is hereby made that Paragraph 23 of the Private Guard Companies Regulation, 2018, is null and void and of no effect and struck out,” the judge held.
The Rivers State Chief judge, Justice Simeon Chibuzor Amadi has granted pardon to six inmates standing awaiting trial at the Port Harcourt maximum correctional center.
The six lucky inmates granted pardon on Tuesday by the state Chief Judge included Nwekeala Chizoba, Samuel Emmanuel, Aniete Kelvin, Ebube Fubara and Goddey Okpara who were on awaiting trial as murder suspects and have all spent between 10 years to seven years in the custody without a proper information filed against them in the court.
Justice Amadi during a special gaol delivery exercise last Tuesday at the Port Harcourt Maximum Correctional Centre opined that the special gaol delivery was part of activities lined up to commomerate the 2024/2025 legal year in the State and restated the commitment of the state judiciary in decongesting the correctional centre and ensuring that those inmates who are not supposed to be there are removed from the custody.
The state chief judge stressed the need for all stakeholders to work together to build a society that supports rehabilitation and gives a second chance to anyone or group of people who have fallen short of the expectation of the law and have been punished accordingly.
He stressed that the National Judicial Council(NJC) encourages judges to pay more attention to criminal matters to enable them to decongests the correctional facilities, noting that since his assumption into office, his administration has been able to reduce the number of inmates in Nigerian Correctional Centres and the Port Harcourt Correctional Centre in particular, to less than 2,000 as against the over 4,000 inmates previously in the faculty.
According to him, “as they release the deserving inmates, they affirm their commitment to justice, compassion and rule of law but that they must not forget the fundamental principles of justice delivery system which is truth and fairness, integrity and equality before the law.”
I encourage you all the released inmates to return to your families and become better citizens. You must not engage in action that will return you all back to prison. Let me say that while the judges show empathy to you all, it does not absolved individuals from being held accountable for actions against individuals, corporate organisations and state which the law frowns at, ”he stated
The Chief Judge thereafter stood down the exercise to enable the DPP to intervene to case files following the fact that majority of the persons listed to benefit from the exercise are facing murder charges and adjourned to a date that will come before December.
Earlier in his goodwill message, the outgoing state Comptroller of Nigerian Correctional Centre, Port Harcourt, Felix Lawrence, who was recently promoted to the rank of Assistant Controller General, commended the state judiciary led by Chief Judge, Justice Simeon Chibuzor Amadi for their continuous effort aimed at ensuring justice and decongesting the facilities.
Other activities lined up for the event included special church service at St Paul’s Cathedral , Anglican Communion, Rebisi Port Harcourt, inspection of guard of honour by the state Chief Judge mounted by officers of the Nigerian police and a special court session held at the ceremonial court hall.
By: AkujobiAmadi
The Director General of Rivers State Bureau on Public Procurement (RBoPP), Dr. Ine Briggs, has explained that the Sir Siminalayi Fubara administration plans to enforce transparency in governance through public procurement.
Speaking at a one-day Public Procurement Enlightenment workshop organised in collaboration with the State Local Government Service Commission for newly elected chairmen, vice chairmen, secretaries and leaders of legislative assemblies, Dr. Briggs said it is key for grassroot development.
She stated that the Sir. Fubara administration plans to reduce wastage and at same time infuse efficiency in public expenditure.
The RSoPP DG said the local government political office holders remain key drivers in the new vision hence the workshop is to arm them with knowledge on how to execute projects in tandem with needs of the people.
“ Your role in the prudent management of public resources is, therefore, not just administrative it’s the cornerstone of delivering the dividends of democracy. Every procurement decision you make must reflect a commitment to fairness, transparency and accountability” Dr. Briggs submitted.
One of the key goals of the administration she further reminded the participants was to use their offices to foster economic growth through public procurement.
She warned that the law establishing the agency empowers it to penalise defaulters, but that what is more important is voluntary compliance to the laws.
In addition to that, she said urged the local government council leaders that champion the practice and implementation of public procurement law.
On his part, Acting Chairman of Local Government Service Commission, Pastor GoodLife Ben Iduoku averred that the aim of the workshop is to arm key stakeholders in the local government system to generate new ideas, innovation and strategies in tandem with government policies and programmes.
The workshop dealt on various topics on procurement planning, methods, Understanding Bid Process, including types of Construction Contracts and law.
Some participants were awarded excellence and meritorious awards as part of the programme.
By: Kevin Nengia
The 19th anniversary of the National Association of Proprietors of Private Schools (NAPPS), Rivers State Chapter, recently ended in Port Harcourt in grand style, with participants from various schools including proprietors, the academia, civil society groups and top government functionaries charting the way forward for educational improvement.
The 19th NAPPS anniversary christened, ‘Innovation and Adaptation: Transforming Challenges Into Opportunities’ was held at Casoni Hotels, Port Harcourt.
In his remarks, the Chairman of the Rivers State Chapter of the association, Dr. Jaja Adafe Sunday expressed gratitude to the members and executives for their untiring efforts towards the achievements of the body.
He sought the intervention of government on the lingering crisis on the economy as it is affecting the running of schools.
He decried high cost of things including fuel and raw materials which has adversely affected the running of schools and payment of teachers.
Dr. Sunday hinted that the current economic situation in the nation is biting hard on the operations of schools, saying inflation, removal of fuel subsidy, fuel scarcity, poor electricity supply, tariffs and lack of government grants are some of the challenges faced by schools, and urged the members to brace up to the challenges, as it is the panacea to building a brighter future.
Guest speakers from the health sector and the academia thrilled the gathering on the essence of basic education which they said is the key to national development.
Former Dean of the Ignatius Ajuru University of Education, Professor Azuru and the Chief Medical Director of Meridian Hospitals, Dr. Odo Iyke were some notable guest speakers who delivered lectures at the occasion.
Some distinguished proprietors also got special recognitions and awards.
The 19th anniversary cake was cut by the Rivers State NAPPS Chairman with representatives of the state government assisting.