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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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We’ve Only One House Of Assembly Led By Oko-Jumbo, Fubara Clarifies …Signs Into Law N1.188trn Rivers 2025 Budget
Rivers State Governor, Sir Siminalayi Fubara, has insisted that there is only one House of Assembly existing in the State, and it is led by Rt Hon. Victor Oko-Jumbo.
Governor Fubara made the clarification shortly after giving assent to the Rivers State Appropriation Law No.1 of 2025, at Government House in Port Harcourt.
The Governor said the records need to be put straight to address insinuations in some quarters about a possible splitter in the Legislature, and stated that there is no such division.
Governor Fubara stated: “I want to say this, maybe, for some persons somewhere who are still mixing up issues. We have only one Rivers State House of Assembly, and that Assembly is headed by Rt Hon Victor Oko-Jumbo”.
He described those who abdicated their mandate in the House as a group of friends who had embarked on Sinbad journey, and half-way into the journey, they decided to return, saying, “It is too late. We are not going back. As far as I am concerned, we have moved on.”
Governor Fubara said that as it stands now, the focus of his administration is to do everything possible in defending the interest of Rivers State and the integrity of governance, and assured that with the 2025 budget now signed, every projection made in it will be addressed to deliver hope and good life to all residents in the State.
He said, “We will make sure that we kick-start, so that the record of performance that was accorded by this administration in the year 2024 will be higher in this year, 2025.
“Let me first thank the Rivers State House of Assembly for doing very diligent job, and also realizing the task that we have ahead of us, which is to continue to work for Rivers people. So, I want to thank you for working very hard and ensuring that we hit the ground running in this New Year.”
Governor Fubara also commended members of the State Executive Council, which he described as the management team, especially the Deputy Governor, for their support and cooperation, and particularly thanked the Commissioners for Finance, and Budget, as well as the Acting Chairman of Rivers State Internal Revenue Board, for the wonderful job they did last year.
He noted, “We expect you to do more because we have a bigger task ahead of us. We have made some promises to our people. Education, Health and Agriculture; we must make sure we make good impact just like we have done in the areas of road and other aspects of the economy. We made a promise to you (Rivers people) that we will continue to protect, defend and promote the interest of our dear State.”
In his speech, Speaker of Rivers State House of Assembly, Rt Hon Victor Oko-Jumbo, asserted that Rivers people witnessed unprecedented growth in the State made possible by the administration of Governor Fubara in infrastructure development, healthcare delivery, education, social welfare, security and other sectors.
Rt Hon Oko-Jumbo pointed to how Governor Fubara has become the beacon of hope of the common man on the streets, because, according to him, they are happy with the positive impact his leadership style has afforded them.
The Speaker explained that Governor Fubara has paid Rivers civil servants and pensioners N100,000.00 Christmas Bonus, being the second time; and approved and paid N85,000.00 minimum wage (salary) to civil servants, which have stood him out as a leader that prioritises the well-being of the people.
He said, “Your Excellency, 2025 promises to be a year of strategic planning and partnership. We have no doubt that you will carry out the task of developing and delivering the dividends of democracy to every nook and cranny of Rivers State. So, Your Excellency, on behalf of the 10th Rivers State House of Assembly, we want to say thank you for being the People’s Governor, and thank you for the strategic partnership with the Legislature. Your Excellency, 2025 promises to be a year of exponential growth in Rivers State.”
Presenting the 2025 Budget to Governor Fubara for assent, Leader of the House, Hon Sokari Goodboy Sokari, said the total projected estimate of N1,188,962,739,932.36 for the 2025 fiscal year indicated a huge leap from previous year’s figure, indicating progress and assuring multiplication of comfort that good leadership can provide.
Hon Sokari also noted the strategic allocations for Recurrent and Capital expenditures that provide for the welfare of workers and retirees, more development projects, as well as savings that will be made from accruing revenues.
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Tinubu calls for increased currency swap between China, Nigeria
President Bola Tinubu yesterday urged the Chinese government to increase the two billion dollar currency swap between Nigeria and China to enhance trade between the two countries.
He also called for an upward review of the 50 billion dollar aid package for Africa, which China’s President Xi Jinping announced last year.
China and Nigeria recently renewed their currency swap agreement, valued at 15 billion yuan (approximately 2 billion dollars), to enhance trade and investment.
Receiving Wang Yi, the Minister of Foreign Affairs of China, at the State House, the President said increasing the level of currency swaps would speed up the infrastructural development in Nigeria and deepen the strategic bilateral relations.
“We still demand more in the area of currency swap. The level you have approved as a government for Nigeria is inadequate considering our programme. If you can increase that, it will be well appreciated.
“Our bond should grow stronger and become unbreakable,” the President said.
Regarding the 50 billion dollars pledged by the Chinese government to support Africa, President Tinubu noted that the continent’s infrastructural needs would require more commitment, urging a review of the amount to reflect the continent’s reality.
“I am happy you are part of China’s highest decision-making body. We will want you to use your position to influence improved project funding.
“First, I say yes to the 50 billion dollar support, and thank you for contributing to African growth. The infrastructural needs of Africa are greater than that, and we want to move as rapidly as our other counterparts.
“All share your vision of rapid development. Africa values the relationship with China, and we seek deeper collaboration for infrastructural development,” he stated.
President Tinubu called on China to support Nigeria’s bid for a permanent United Nations Security Council seat.
“You are a member of the UN Security Council. We want you to use your influence to ensure Nigeria secures the seat,” the President said.
Tinubu said Africa, particularly Nigeria, was prepared to meet developmental goals and contribute counterpart project funding.
“We are ready to move and reach the various developmental goals. Due to our deliberation, we signed many MOUs and planned many action programmes.
“My visit during FOCAC was a good experience. We signed several comprehensive MOUs during the visit. We planned several programmes of action,” he said.
Yi thanked Tinubu for appointing a Director General and Global Liaison, Nigeria—China Strategic Partnership, to oversee the implementation of the MOUs for the rapid development of the Nigerian economy.
“I would like to thank Nigeria for abiding by the one-China principle, and we will continue to support Nigeria in achieving the Renewed Hope Agenda, countering terrorism and ensuring regional security,” he said.
Yi said Chinese investments in the country would focus on employment generation and infrastructural development.
He said the Chinese National Development Bank had started funding some development projects.
He also said the Chinese government would support including an African country in the UN Security Council.
“We stand with Africa, and we will not support a country that invades another country,” he stated.
The foreign minister said China would welcome Nigeria’s membership in the BRICS and participation in the global development mechanism.
He said China fully supported Dr Ngozi Okonjo-Iweala, the Director General of the World Trade Organisation (WTO), for a second term in office.
The minister lauded President Tinubu for his visionary leadership and consistency in projecting Africa’s needs, which require China’s support.
“You brought Renewed Hope to the people of Nigeria. Your economy has sustained sound momentum, and Nigeria’s global influence has steadily increased.
“Nigeria has played an important role in upholding regional peace and has become an important force for African stability.
“We congratulate Nigeria on its achievements and believe that, under your leadership, Nigeria will realise greater achievements,” the Chinese foreign minister stated.
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FG urges unified efforts against emerging COVID-19 threats
The Federal Government has called for unified efforts by stakeholders to tackle the emerging COVID-19 variants in the country.
Prof. Muhammed Ali Pate, the Coordinating Minister of Health and Social Development, made the call in Abuja on Thursday, at a strategic meeting on COVID-19 preparedness and response.
The meeting was organised by the National Emergency Management Agency (NEMA), following the recent emergence of a new COVID-19 variant in China and subsequent international concerns about the spread of the deadly virus.
The Tide source reports that NEMA conveyed the strategic stakeholders meeting to discuss preparedness, response plans, and proactive measures within Nigeria’s national context against the virus.
The minister, represented by a Director in Public Health Department at the Ministry, Mrs Chidinma Agbai, highlighted the devastating global impact of the pandemic and Nigeria’s resilience in spite of initial dire predictions.
He warned against misinformation and urged collaboration among stakeholders, including health officials and the media, to strengthen border controls and revive pandemic response infrastructure.
“A couple of months, the global world became affected one way or the other. you saw the number of people that were lost. They were counted in millions, people that were lost through COVID-19.
“You also saw the countermeasures that were taken by various countries. And surprisingly, those of us in Africa and Nigeria in particular, were expected to count our dead in millions. But God being our helper, It did not consume so much.
“But one life is a serious loss to a nation. So many Nigerians lost their lives, not really because of COVID-19, but because of countermeasures,” he said.
According to him, during the last COVID-19 and Ebola, people were told to take salt. Some people were told to take potash. So many countermeasures were introduced, and a lot of people lost their lives.
“So, now again in this harmattan period, we have to be careful because COVID-19 started in the harmattan period too, in the past years, it has reared its head again in China.
“This time around, it’s a mutant type that has come up. And China, being what it is, is keeping quiet. They don’t want to raise alarm as to what they are experiencing.
“They’ve closed their doors to various appeals for them to speak up.
“So for us in Nigeria, we have to put deliberate efforts to ensure that those who are coming into Nigeria, or those who are leaving the country, are protected,” he said.
He emphasised the importance of agencies such as the Nigerian Immigration Service (NIS) and others in ensuring that the country’s borders were under surveillance.
He urged that similar measure taken to curtail Ebola some years back should be applied at the airports, the land borders and the sea ports to secure the lives of Nigerians.
The minister also called for renewed efforts in vaccine development and public education to prevent panic and safeguard lives.
The Director-General of NEMA, Mrs Zubaida Umar, in her remarks called for proactive planning, collaboration, and resource mobilisation to safeguard the country’s public health emergencies.
Umar, who was represented by the Director, Planning Research and Forecasting, Mr Onimode Bandele, said that the meeting was crucial amid global concerns.
The director-general stressed the importance of information sharing, transparency, and a unified approach in addressing the challenge.
“The recent COVID-19 situation emerging from China serves as a stark reminder that public health emergency recognises no borders.
“In today’s interconnected world, a health threat in one country has the potential to impact nations across continents.
“While Nigeria is not directly affected at the moment, proactive planning, preparedness, and collaboration are essential to safeguarding our citizens and mitigating any potential risk.
“In line with this mandate, NEMA aims to be number one to share insight and update on the current global COVID-19 situation and its potential implication for Nigeria,” she said.
Umar also reaffirmed NEMA’s commitment to effective disaster management and urged unified efforts to maintain Nigeria’s resilience against global health threats.
On his part, Mr Hopewell Munyari, Operations Manager, International Federation of Red cross, urged Nigerians to learn from the COVID-19 response to improve future emergency efforts.
Munyari underscored the Nigerian Red Cross’s role as an auxiliary to government, actively working on responses like Lassa fever and mFox outbreaks.
He also called for leveraging global Red Cross networks and volunteers to enhance preparedness and ensure timely, reliable communication with communities.
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