The Chief Executive Officer/Group Managing Director of the Nigeria National Petroleum Company (NNPC) Limited, Mallam Mele Kyari has said that the importers of the controversial Adulterated fuel deceived the government of the country. Briefing the leaders and members of the House of Representatives Committee on Petroleum (Downstream), in his office, Mele said that the situation came about as a result of the discovery of methanol in the PMS cargoes shipped to Nigeria under the subsisting commercial contract operated by NNPC and its partners. He said that the reason why tests did not reveal methanol presence was because Nigeria’s specifications do not include methanol. “We are a law-abiding company. There is no way we could have known about the methanol presence. “The only way we could have known about it is if our suppliers, in good faith, made the disclosure to us. “In this particular instance, the discovery was made by our inspection agents who noticed the emulsification at the filling stations and brought it to our attention. “Subsequent investigation revealed that the four cargoes which are all from the same source also contained methanol-blended PMS.” He said that NNPC then moved swiftly to trace all the affected products and quarantine same. While assuring the Committee and Nigerians that measures have been put in place to accelerate fuel supply and distribution in the country. The NNPC CEO said that the company had placed significant orders of over 2.1 billion liters of methanol-free PMS to ensure the queues vanish in few days. He pledged that NNPC would co-operate with the Committee and the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) to get to the root of the matter. The NNPC CEO expressed deep empathy with Nigerians on the current situation and assured that adequate measures have been put in place to maintain supply sufficiency and prevent future occurrence. The Chairman of the House Committee, Abdullahi Mahmud Gaya assured Nigerians that his Committee will deal approximately, companies who imported methanol-blended Premium Motor Spirit (PMS) into the country.
The governorship candidate of the Social Democratic Party (SDP) in Kogi State, in the last election in the State, Barrister Natasha Akpoti will get married on March 5. The lucky man is a traditional ruler in Delta State, Alema of Warri Kingdom, Emmanuel Uduaghan, who shares the same name with the former Delta State Governor. According to an online newspaper, Emmanuel Uduagha will storm Ihima in Okehi Local Government on that day to tie the nuptial nut amidst top Delta and Ebira personalities. The romantic traditional ruler surprised his heartthrob with Rolls Royce as Valentine gift on February 14. Natasha Akpoti, a trained lawyer, is a single mother of three children. Natasha Akpoti had once accused a former Presidential aide, Remo Omokri of making love advances to her. She was born on December 9, 1979, to Dr. Jimoh Abdul Akpoti and Ludmila Kravchenko. Her father is a Nigerian while her mum is Ukrainian. She hails from Obeiba-Ihima in Kogi State, Nigeria. She is from Ebiraland, where her father was one of the influential figures in the place. She is the second child of the family. She spent her early years in Ihima, Okene Local Government. But she and her family relocated to a different city after the death of her father in 1998. Natasha Akpoti obtained her First School Leaving Certificate and West African School Certificate from top private primary and secondary schools in Kogi State. In the year 2000, she enrolled on a Law degree program at the University of Abuja. She graduated with a B.L Degree in 2004. Thereafter, she attended the Nigerian Law School, Abuja and was called to Bar in 2005. She studied at the University of Dundee, UK and graduated with a Masters Of Law degree in 2012. She also has an MBA in Oil and Gas management from the University of Dundee. After graduating from the Nigerian Law School, Natasha Akpoti picked up an appointment with the law firm, Brass NLG. She worked with the firm for three years (2007-2010). She decided to give back to society by establishing the firm, Builders Hub Investment Program (BHIP). In March 2018, she came into the national limelight after she presented an investigative report to the National Assembly. The report highlighted the corrupt practices going on at the Ajaokuta Steel Mill and revealed how government funds have been embezzled and misappropriated since the establishment of the mill. Also in 2018, Natasha was the candidate of the Social Democratic Party (SDP) for the Kogi Central Senatorial District post. She lost the election to the APC candidate. In 2019, she contested for the seat of the Kogi State Governor under the platform of the SDP but lost to the elected Governor, Yahaya Bello. The woman is a Christian and the mother of three children as a single mother. She has homes in both Abuja and Kogi State. As an entrepreneur and lawyer, she has made a lot of money for herself and lives a very comfortable life. Natasha Akpoti has an estimated net worth of $1,000,000 which has been projected by financial analysts to have by now, increased.
Major oil marketers, including A.A Rano, Bovas, Total are taken advantage of the current scute fuel scarcity, especially in Abuja, the Federal Capital Territory (FCT) to make quick and fast money. Information reaching us at Greenbarge Reporters online newspaper indicates that these oil marketers now sell fuel only to the commercial black marketers in gallons and jerricans, from 1am to 4am. It was learnt that while they pretend in daytime that they have no fuel to sell, especially to motorists, they open in the night and sell to black marketers with each giving between N500 and N1,000 extra that goes into private pockets. In the wee hours of today, February 16, fight broke out in A.A Rano fuel station in Kuje, Abuja between some motorists who were sidelined in favour of black marketers and the attendants. It was learnt that many people in the confusion that ensued sustained various degree of injuries. It all started when the station opened about 1am and the attendants continued to sell the product only to those with gallons and jerricans, ignoring motorists that had been on queue for nearly 18 hours. Our reporters said that aggrieved motorists had to invite police operatives to Bovas fuel station that was selling only to the black marketers. The police operatives kicked out all the gallons and jerricans to allow motorists get the fuel. It was reported that instead of the attendants to serve the motorists, they simply closed the station at about 3am and left, saying that the fuel had finished.
It is learnt that black marketers are now selling fuel to motorists at between N800 and N,000 per litre, as against less than N170 official price in filling stations.
On Friday, February 11, the Supreme Court of Nigeria in a split decision voted 6-1 to nullify Executive Order 10 through which the Federal Government of Nigeria had sought in 2019, to give effect to Section 81 (3) and Section 121(3) of the 1999 Constitution, as altered by the 4th Alteration Act No. 4 of 2017, with regard to the financial autonomy of state judiciary and legislature which had been observed more in the breach by state governments and their Chief Executives. The Governors of the 36 states of the Federation had kicked against the Executive Order as an abbreviation of their rights under the 1999 Constitution. Collectively they elected to go to court, and hence asked the Court (a) to declare the Executive Order 10, unconstitutional and illegal; (b) compel the Federal Government to take up funding of capital projects for State High Courts, Sharia Court of Appeal and Customary Court of Appeal, and (c) refund to the 36 states a sum of N66 billion, being amount which they claimed to have spent on capital projects for the three courts in their respective states. To resolve the matter, the Supreme Court in addition to its panel of seven Justices invited five Senior Advocates of Nigeria (SANs) as amici curiae (friends of the Court). On Friday, the court ruled 6-1 that the Executive Order 10 is ultra vires, unconstitutional, illegal, and therefore null, void and of no effect whatsoever. Their Lordships also resolved, 4-3 that the 1999 Constitution already expressly spells out the responsibility of the states and the Federal Government concerning the funding of the State High Courts, Sharia Court of Appeal and the Customary Court of Appeal, even if it is silent on capital projects. In sum, the Supreme Court rejected the request of the Attorney General of Abia State and 35 others with regard to the aforementioned (b) and (c) parts of their prayers.
Many commentators have so far tried to be diplomatic in their response to the ruling, but from the outcome as reported, it is not difficult to see that what the Supreme Court has done is to take a technical view of the matter and offer a strict interpretation of the Constitution, the powers of the President, the relationship between the states, and the limits of the Federal Government in the exercise of its powers as spelled out in the 1999 Constitution. Did the President of Nigeria actually act ultra vires? Justice Mohammed Dattijo, delivering the lead judgment declared that “This country is still a Federation and the 1999 Constitution it operates is a federal one. The Constitution provides a clear delineation of powers between the state and the Federal Government. The President has overstepped the limit of his constitutional powers by issuing the Executive Order 10. The country is run on the basis of the rule of law.” Okay. The law is what the judge says it is. The powers of the various tiers of government are defined in Sections 4, 5, and 6 of the 1999 Constitution pursuant to the doctrine of the separation of powers. Executive powers are vested in the President in Sections 5, 130, 132, 148(1), 151 such that in general, the President of Nigeria is one of the most powerful executives in the world invested literally with the status of a constitutional monarch. In Section 130 (2), he is actually described as “the \Head of State, the Chief Executive of the Federation and Commander-in-chief of the Federation.” The strong effect of the ruling by the Supreme Court in A.G. Abia and 35 ors vs. AG Federation is that there are limits to these powers, nonetheless.
By seeking to enforce and extend Section 121(3) of the 1999 Constitution, the President, in other words, encroaches on the right of state governments to receive money from the Federation Account on behalf of the state judiciary and legislature and transmit their share to them. Thus, the Federal Executive overreaches itself when it assumes it has the powers to strengthen Section 121(3) through what amounts to additional legislation. It is the duty of the legislative arm of government to make or amend laws under Section 6. EO 10 further amounts to an interpretation of the law by the Federal Government and that Executive arm of government acting as adjudicator. The powers in that regard belong to the judiciary under Section 6. So, while the EO 10 would have protected the judiciary against the rascality of state Governors riding roughshod over the judiciary and the legislature at the sub-national level, and the judiciary would have been a beneficiary of the order, their Lordships looked beyond benefit to the judiciary and took a strictly purist and technocratic view of the law. It would be wrong to assume that the judiciary has ruled against itself. If the Federal Government is allowed to overreach itself and the President permitted to usurp the functions of the legislature and the judiciary, that would be a prescription for anarchy and an endorsement of dictatorship.
The lead judgment emphasizes the rule of law, separation of powers, the limits of powers and the federal principle. I would like to see the state legislatures begin to perform their oversight functions, to call over-bearing Governors to order. The judgment has also been described as victory for the Governors. It is most ironic that these same Governors are benefiting from a principle they themselves do not respect, an emphasis on the rule of law they have no regard for. In various states, Nigerian Governors are worse than tyrants. They seek to control judges, bribe them, humiliate them and violate their independence and integrity. It will be recalled that in one state, Cross Rivers State to be specific, magistrates not too long ago – January 2021- carried placards and organized protests because their salaries had not been paid for 24 months and nothing had been done to provide them good working conditions. State Governors also intervene unnecessarily in the appointment of judges, and seek to compromise them. As for the State legislatures, state Governors preside over them remotely. They behave like messiahs with the control of everything else. State legislatures in Nigeria are in any case pathetic. The members behave like the Governors’ houseboys, especially when the Governor’s party has the majority in the House. I argue that although the 36 State Governors may have secured partial victory in the matter of EO 10 with the Federal Government, but they lack the right to claim any moral high ground.
The judex may never at any time go to court to sue the state Executive arm of government, that would be strange but the abuse of privilege by state Governors actually got so bad, that in 2015, the Judicial Staff Union of Nigeria (JUSUN) went on strike for two weeks. In 2020, they shut down the courts for 64 days. State Governments hurriedly signed a Memorandum of Action (MoA), the National Judicial Council also made an appeal before the strike was suspended. JUSUN asked for financial autonomy for the judiciary. The body insisted on compliance with the Constitutional provision which places the budgets of state judiciary as a first line charge on the Constitution. They have a point.. I would also like to see the state legislatures begin to perform their oversight functions, to call over-bearing Governors to order.
What the Governors do to Local governments is even worse. They rely on the powers of control conferred on the state government under Section 7 to render local councils totally ineffective. Governors decide on whether elections would hold at that level of government or not, and when they frustrate due process they appoint sole administrators or caretaker committees. They hide under the State-Local Government Joint Account and the associated committees to steal money meant for local councils. They get away with blue murder because nobody challenges them.
To put the matter in perspective, the Federal Government in 2019 introduced Executive Order 10 to correct the wrong being committed by the State Governors. It also introduced through the Nigeria Financial Investigation Unit (NFIU) a set of guidelines to ensure that state Governors would no longer withdraw monies meant for local council operations from the Joint Account (Section 162 (8)). Daylight robbery of local council resources is one of the reasons the local level of government is virtually dead. The big obstacle against the attempt by the Federal Government to enforce the fiscal autonomy of the local councils was again, the law. This is relatable to the minority judgment by Justice Uwani Abba-Aji who maintained that the EO 10 was in order “because of the hanky-panky and subterfuge played by state Governors against the independence and financial autonomy of state judiciary…This is not unconstitutional.” There has been a tendency to play down this minority view.
On Sunday as anchor of ThisDay Live: The Sunday Talk Show, I had tried to bring up the matter with one of my guests, the legendary Chief Robert Clarke, SAN. Chief Clark had admonished me not to even mention the judge’s name not to talk of offering a summary of his position. But Justice Abba-Aji enjoys the support of Professor Itse Sagay, SAN, who deserves to be quoted at some length: “I just read the judgment” he said. “I was out of the country. I just want to say broadly that I agree with Justice Abba-Aji, the minority judgment. The reason is that the constitution makes it clear that the legislative and judicial branches of state government are to get specific sums of money from what goes to the state. And if the state governors are not making them to have it, all that the executive order has done is to facilitate the implementation of the Constitution. And that is what executive orders are supposed to do. So, the Federal Government was right and I agree with the minority judgment entirely.” What are we dealing with here: form vs substance, the law as it is vs. the law as it ought to be? What is the minority opinion based upon? Was Justice Abba-Aji offering an opinion rather than a strict construction of the law as it is? But whatever it is, the Supreme Court is the apex Court of the land, and the majority decision carries the day, more so as it is focused on the very substance of EO 10.
The Nigerian President is empowered to give orders, and in this regard, there can be a recourse to Section 315(2) of the 1999 Constitution, but this particular section states clearly that the President can only act “in conformity with the provisions of this Constitution”, certainly not in breach of it. The Buhari administration has adopted Executive Orders, the first administration to do so in Nigeria in a manner that looks like a copy-cat imitation of the American Donald Trump’s Presidency. Within the first five months of his assumption of office in 2017, Trump had signed 37 EOs! But even in the US, Executive orders are administrative handmaidens to facilitate the execution of policies within the Executive arm of government, commands to Ministries, Departments and Agencies (MDAs) as instruments of management or to prepare a framework for proposals to the legislature, but certainly not an attempt by the Executive to usurp legislative and judicial functions. To date, the Buhari administration has proclaimed more than 10 Executive Orders. A close scrutiny may reveal that most of them would pass the test. These would include EO 1: on the promotion of transparency and efficiency in the Business Environment; EO 2: On Submission of Annual Budgetary Estimates by all Statutory and non-Statutory Agencies, including Incorporated Companies wholly owned by the Federal Government of Nigeria; EO 3: Support for Local Content in Public Procurement by the Federal Government; EO 4: On the Voluntary Assets and Income Declaration Scheme (VAIDS); EO 5: to promote local content in public procurement with science, engineering and technology components, and to prohibit the Ministry of Interior from issuing visas to foreign nationals whose skills are available in Nigeria; EO 6: on assets connected with corruption and other related offences; EO 7: On Road Infrastructure Development and Refurbishment Investment Tax Credit Scheme; EO 8: On Voluntary Offshore Assets Regulatory Scheme, EO 9: On Companies Income Tax. The problem with EO 10 as appropriately pointed out by the Supreme Court is its breach of constitutional provisions.
It seems to me therefore that Executive Orders are not necessarily in themselves bad; they are good only to the extent that they are in conformity with the basic law, that is the Constitution. Every affirmation of the supremacy of the rule of law is a good sign, but all parties concerned, including the apex court must be seen to be consistent accordingly, and prepared to embark on judicial activism, beyond narrow technicality, for public good, when required to do so. The ruling under review thus throws up more questions than answers: how do we truly ensure the independence of the co-equal parts of government? How do we prevent cynical elements from violating the laws of the land because it is expedient to do so? There are many Nigerians who believe that the 1999 Constitution is the biggest problem of Nigeria and that the Constitution needs to be replaced with a people’s Constitution forged and agreed upon under a democratic dispensation. They also think that for as long as Nigeria is unable to find the political will and the right political leaders to promote unity and national loyalty, so long would the lawmakers and the judex continue to talk about the rule of law in vacuo. In that sense, the Supreme Court ruling under review has not solved any problem. It is instead, a strong reminder, of the inchoateness of the Nigerian essence.
President Muhammadu Buhari has written to the National Assembly, seeking approval of a supplementary budget which contains N2.557 trillion meant to provide for subsidy on petroleum products from June to December 2022. President Buhari wrote both to the President of the Senate, Senator Ahmad Lawan and Speaker, House of Representatives, Femi Gbajabiamila. The letters were read during plenary by Lawan and Gbajabiamila respectively.
The amount approved for subsidy on Petroleum products from January to June was N443 billion and with the present request, the total amount stands at N3 trillion. Buhari has also written to the Senate, seeking for a review of the Finance Act 2021.
In the letters, President Buhari said that it is imperative to remove all capital projects that were replicated in the 2022 Appropriation Act, just as he disclosed that 139 out of the 254 projects in the budget totaling N13.24 billion has been identified for deletion.
He requested the Lawmakers to roll back some of the N887.99 billion of projects earlier inserted in the budget by the National Assembly to accommodate these amendments.
President Buhari further requested the National Assembly to amend the Appropriation Act to provide for Capital Expenditures in the sum of N106,161,499,052 billion Naira and N43,870,592,044 billion Naira for Recurrent Expenditures.
He also requested that an additional provision for N2.557 trillion Naira be appropriated by the National Assembly to fund the petrol subsidy in the 2022 Budget Framework which was revised to provide fully for PMS subsidy. President Buhari underscored the need to reinstate four capital projects totalling N1.4 billion in the Executive proposal for the Federal Ministry of Water Resources; and N22.0 billion cut from the provision for the Sinking Fund to retire mature loans needed to meet government’s obligations under already Issued Bonds.
The letter titled: “Submission of the 2022 Appropriation Amendment Proposal read:
“As I indicated at the signing of the 2022 Appropriation Act, I forward herewith the Proposals for amendment of the 2022 Appropriation Act (as detailed in Schedules I-V), for the kind consideration and approval by the Senate. Let me seize this opportunity to once again express my deep gratitude to the leadership and members of the Senate for the expeditious consideration and passage of the 2022 Appropriation Bill as well as the enabling 2021 Finance Bill.
It has become necessary to present this amendment proposal considering the impacts of the recent suspension of the Petroleum Motor Spirit (PMS) subsidy removal and the adverse implications that some changes made by the National. Assembly in the 2022 Appropriation Act could have for the successful implementation of the budget.
It is important to restore the provisions made for various key capital projects in the 2022 Executive Proposal (see details in Schedule l) that were cut by the National Assembly. This is to ensure that critical ongoing projects that are cardinal to this administration, and those nearing completion, do not suffer a setback due to reduced funding. It is equally important to reinstate the N25.81 billion cut from the provision for the Power Sector Reform Programme in order to meet the Federal Government’s commitment under the financing plan agreed with the World Bank.
In addition, it is necessary to reinstate the four (4) capital projects totaling N1.42 billion in the Executive Proposal for the Federal Ministry of Water Resources that were removed in the 2022 Appropriation Act. Furthermore, there is critical and urgent need to restore the N3 billion cut from the provision made for payment of mostly long outstanding Local Contractors’ Debts and Other Liabilities as part of our strategy to reflate the economy and spur growth (see Schedule I). You will agree with me that the inclusion of National Assembly’s expenditures in the Executive Budget negates the principles of separation of Powers and financial autonomy of the Legislature. It is therefore necessary to transfer the National Assembly’s expenditures totalling N16.59 billion in the Service Wide Vote to National Assembly Statutory Transfer provision (see Schedule l).
It is also imperative to reinstate the N22.0 billion cut from the provision for Sinking Fund to Retire Mature Loans to ensure that government can meet its obligations under already issued bonds as and when they mature.
The cuts made from provisions for the recurrent spending of Nigeria’s Foreign Missions, which are already constrained, are capable of causing serious embarrassment to the country as they mostly relate to office and residential rentals.
Similarly, the reductions in provisions for allowances payable to personnel of the Nigerian Navy and Police Formations and Commands could create serious issues for government. It is therefore imperative that these provisions be restored as proposed (see Schedule II).
It is also absolutely necessary to remove all capital project is that replicated in the 2022 Appropriation Act; 139 out of the 254 such projects totalling N13.24 billion have been identified to be deleted from the budget. Some significant and non-mandate projects were introduced in the budgets of the Ministry of Transportation, Office of the Secretary to the Government of the Federation and Office of the Head of Civil Service of the Federation (see Schedule III).
There are several other projects that have been included by the National Assembly in the budgets of agencies that are outside their mandate areas.
The Ministry of Finance, Budget and National Planning has been directed to work with your relevant Committees to comprehensively identify and realign all such misplaced projects. It is also necessary to restore the titles/descriptions of 32 projects in the Appropriation Act to the titles contained in the Executive Proposal for the Ministry of Water Resources (see Schedule IV) in furtherance of our efforts to complete and put to use critical agenda projects.
The Appropriation Amendment request is for a total sum of N106,161,499,052 (One hundred and six billion, one hundred and sixty-one million, four hundred and ninety-nine thousand, and fifty-two Naira only) for Capital Expenditures and N43,870,592,044 (Forty-three billion, eight hundred and seventy million, five hundred and ninety-two thousand, and forty-four Naira only) for Recurrent Expenditures. I therefore request the National Assembly to make the above amendments without increasing the budget deficit. I urge you to roll back some of the N887.99 billion of projects earlier inserted in the budget by the National Assembly to accommodate these amendments. However, following the suspension of the PMS subsidy removal, the 2022 Budget Framework has been revised to fully provide for PMS subsidy (see Schedule V).
An additional provision of N2.557 trillion will be required to fund the petrol subsidy in 2022. Consequently, the Federation Account (Main Pool) revenue for the three tiers of government is projected to decline by N2.00 trillion, while FGN’s share from the Account is projected to reduce by N1.05 trillion.
Therefore, the amount available to fund the FGN Budget is projected to decline by N969.09 billion.
Aggregate expenditure is projected to increase by N45.85 billion, due to additional domestic debt service provision of N102.5 billion net of the reductions in Statutory Transfers by N56.67 billion, as follows: NDDC, by N12.61 billion from N102.78 billion to N90.18 billion; NEDC, by N5.90 bilion from N48.08 billion to N42.18 billion; UBEC, by N19.08 billion from N112.29 billion to N93.21 billion; Basic Health Care Fund, byN 9.54 billion from N56.14 billion to N46.60 billion; and NASENI, by N9.54 billion from N56.14 billion to N46.60 billion.
Total budget deficit is projected to increase by N1.01 trillion to N7.40 trillion, representing 4.01% of GDP. The incremental deficit will be financed by new borrowings from the domestic market. Equally, it is imperative that Clause 10 of the 2022 Appropriation Act which stipulates that the Economic and Financial Crimes Commission (EFCC) and the Nigerian Financial Intelligence Unit (NFIU) are authorised to charge and defray from all money standing in credit to the units as revenues, penalties or sanctions at 10% for technical setup and operational cost at the units in this financial year be repealed.
This clause is in conflict with the Act establishing these Agencies, as well as some other laws and financial regulations of the government. These are neither Revenue Generating Agencies nor Regulatory Bodies that generate revenue or charge penalty fees. They are fully funded (Personnel, Overhead and Capital) by Government through Budgetary provisions. The Fiscal Responsibility Act 2007, as well as the Finance Act 2021, require these Agencies to remit fully any recovered funds to the Consolidated Revenue Fund (CRF). This clause may lay a dangerous precedence, and spark clamours for similar treatment by other anti-corruption agencies.
Also, the Clause 11 which stipulates that “Notwithstanding the provisions of any other law in force, Nigerian Embassies and Missions are authorised to expend funds allocated to them under the Capital components without having to seek approval of the Ministry of Foreign Affairs should likewise be repealed. It too is inconsistent with extant Financial Regulations and the Public Procurement Act, which set thresholds for approving officers and Parastatal/Ministerial Tenders Boards for awards of Contracts for the procurement of goods and Services. This also amounts to an intrusion of the Legislature into what is an executive function.
Given the urgency of the request for amendments, I seek the cooperation of the National Assembly for expeditious legislative action on the 2022 Appropriation Amendment Proposal in order to sustain the gains of an early passage of the budget. Please accept, Distinguished Senate President, the assurances of my highest consideration.”
Kogi State Governor, Alhaji Yahaya Bello has signed the implementation of the N30,000 new national minimum wage for public service workers in the State.
Governor Bello, represented by his Deputy, Edward Onoja signed the agreement papers during a roundtable with other signees comprising Kogi State NLC Chairman, Onuh Edoka, TUC Chairman, Ranti Mathew, State NUT Chairman, Joel Salifu, Joint Council Chairman, Aaron Yusuf and State NULGE Chairman, Tade Adeyemi.
Others are the State NUJ Chairman, Momoh Jimoh, State MHWUN Chairman, Gabriel Amari, State Controller, Federal Ministry of Labour and Employment, Mrs. O.O. Olugbami, Chief Labour Inspector of the Ministry, NLC Women Committee Chairperson, Habibat Umar and their officials.
A statement today, February 15 by
the Chief Press Secretary to the Deputy Governor,Promise Emmanuel said that the State Government’s negotiation and implementation team were made up of the Secretary to the State Government, Dr. Mrs. Folashade Arike Ayoade, State Head of Service, Mrs. Hannah Odiyo, State Commissioner for Local Government and Chieftaincy Affairs, Barr. Deedat Ozigi, among others.
The statement quoted Governor Yahaya Bello as expressing pleasure with the development, saying that his administration remains committed to meeting workers’ demands whilst improving their welfare and conditions of service.
He called on the organized labor to continually support the government’s drive at repositioning the civil service through good remunerations and emoluments for better results.
This was even as the State Chairman of the Nigeria Labour Congress (NLC), Onuh Edoka thanked the Governor for prioritizing the workers’ welfare in a period of national economic and financial exigencies affecting all sections of human endeavor.
He acknowledged that Kogi has formally joined other states that have signed the N30,000 minimum wage.
He commended the State Head of Service, Mrs. Hannah Odiyo for expediting the negotiation and implementation process between the two parties.
The Nigerian Institute of Electrical and Electronic Engineers (NIEEE) has thumbed up for the leadership of the Nigerian Communications Commission (NCC) for the deployment of 5G in Nigeria.
The Engineering body, in a statement today, February 15 by the outgoing National Chairman, Engr. Kings Adeyemi, gave kudos to the Executive Vice Chairman of the Commission, Professor Umar Garba Danbatta and the management staff for the feat achieved.
“Major requirements for 5G journey include spectrum availability, investor-friendly regulatory policy and stakeholders’ awareness. Nigerian Communications Commission (NCC) engaged relevant stakeholders ahead of the Federal Executive Council’s (FEC) approval of the Development of a Policy for Deployment of 5G in Nigeria,” he stressed.
“We use this medium to commend the entire Management of NCC under the leadership of the Executive Vice Chairman/CEO Engr. Prof. Umar Garba Danbatta FNSE, FRAES, FAEng, FNIEEE. NCC demonstrated high level qualities of a world-class regulator indeed by setting the wheel of 5G in motion, from 5G Proof of Concept (PoC) trial in 2019 to the recently successful auction of 5G spectrum on 3.5GHz band.
This remarkable landmark achievement was attained by NCC at a time when COVID-19 pandemic continues to force the postponement of many highly anticipated 5G spectrum auctions throughout the world.”
The body of Engineers commended the in-house professionals for the choice of 3.5 – 3.6 GHz and 3.7 – 3.8GHz.
It said that Frequencies in the range 3.3 – 4.2 GHz (3GPP Band 78) are being used as the basis for the first implementations of 5G globally.
“This decision allays the fear of 5G services interfering with the aircraft operations as currently exercised in some countries. NCC’s choice on the 3.5 GHz band has sufficiently safeguarded civil aircraft altimeters which usually operate between 4.2 – 4.4 GHz range.
“From expert’s perspective, the choice of two (2) slots of 100 MHz (TDD) bandwidth each on 3.5 GHz band (precisely 3GPP Band 78) is a highly laudable choice to launch 5G network.”
Such wide channel bandwidth, the Engineers stressed, is required to deliver the multi-Gbps data speed required of a 5G network.
“It is technically proven that wider channels lower network density which ripples into lowering the cost of 5G services to consumers. Other advantages include less base stations sites and lower environmental impact. The 3.5 GHz band is the best choice to balance capacity and network coverage which in turn encourages operators to commit investment in 5G infrastructure.”
Minister of the Federal Capital Territory (FCT), Malam Muhammad Musa Bello has inaugurated an 8-man Technical Committee to access the N200 billion Sukuk fund to augment the FCT 2022 statutory budget. The committee is made up of the Federal Capital Territory Administration (FCTA) and Debt Management Office (DMO). Speaking at the inauguration today, February 15 in Abuja, the Minister Muhammad Musa Bello stressed that the alternative fund will fast-track the fulfilment of the FCTA’s mandate of building a world class nation’s capital. He emphasized that the issuance of SUKUK of the sum of 200 billion Naira for the FCT 2022 statutory budget would propel the Administration to meeting its objective of building a world class city for Nigeria. Muhammad Musa Bello said that the pressure on existing infrastructure, occasioned by the influx of people, vis-à-vis the dwindling allocated funds necessitated the need for sukuk fund as an alternative source of funding capital projects that have great bearing on residents of the Territory. “Resources available for the development of the Territory no longer matched the infrastructural need, with a resulting fear that Abuja may not achieve the dreams of its founding fathers. “For this reason, we needed to rehabilitate and expand some existing roads in the city as well as open up some others to arrest traffic gridlocks along major roads within and around the city and satellite towns. Hence the need to seek for an alternative source of funding outside our statutory funding to finance the completion of some projects with huge capital outlay but with the potential for maximum positive impact on residents.” The Minister commended the government of President Muhammadu Buhari for making Sukuk, under the Debt Management Office, available to the FCT, adding: “Sukuk has come to the rescue.” He said that the N29 billion Sukuk that was previously approved for the FCT is being used for the completion of various road projects to open up the capital city. Such road projects will put an end to the hardship motorists experience while navigating from one point of the FCT to another. Mohammad Musa Bello said that the proposed N200 Billion Sukuk would focus on the completion of major on-going water, street lightening and additional road projects. He read out the Committee’s Terms of Reference, which among others, include Developing a framework for accessing Sukuk fund for the FCTA; Review and advise on the procedure and options for obtaining sovereign Guarantee for the issuance of Sukuk; Prepare a budget estimate for the issuance and advise on requisite approvals. The Minister charged the committee to carry out its assignment diligently. He commended the National Assembly, especially, lawmakers overseeing the FCT with whom he had enjoyed support and guidance since he became Minister. In her remarks, the Director General of the Debt Management Office, Ms. Patience Oniha commended the Minister for his drive and foresight. She expressed satisfaction on the way the SUKUK fund is being used, adding that the result has been visible. Speaking at the occasion, the Chairman of the Senate Committee on FCT, Senator Abubakar Kyari advised the FCTA to focus on the development of satellite towns to relieve the pressure on the Federal Capital City (FCC).
Fuel Scarcity that started a few days ago has reached a boiling point to the extent of grounding activities in Abuja, the Federal Capital Territory (FCT). Our reporters who went round the city came back a few minutes ago, February 15, with damming report of the situation. It was discovered that many motorists simply abandoned their vehicles in most of the fuel stations that have no fuel to sell. It was further discovered that in the few stations that are selling the product, queue of vehicles stretch over a kilometer with hundreds of motorcyclists and jerrican carriers complicating the situation. As a result of the crisis, hundreds of vehicle owners commute in a few available commercial vehicles to their destinations at double the previous fares. It was noted that pupils and students have stopped going to schools either because their parents’ cars have no fuel or because their are no vehicles to take them to schools. Also, many workers are either trekking to their workplaces or have stopped going to work at all. Only yesterday, Patrol Tanker Drivers, through their association, complained that the adulterated fuel which the government discovered and stopped from being sold to the public is still in their tanks. They stressed that if the adulterated one is not removed there would be no tanker to go and get another product.
University teachers under the auspices of the Academic Staff Union of Universities (ASUU) have began a 30-day “comprehensive and total” strike.
The strike, according to the lecturers, l takes effect from today, February 14.
The National President of ASUU,
Professor Emmanuel Osodeke announced the development to journalists on Monday in Lagos after the National Executive Council(NEC) meeting of the union tagged ‘NEC for NEC.’
The National Executive Council of ASUU, including leaders across campuses in Nigeria held marathon meetings over the weekend in Lagos over the federal government’s inability to meet the Union’s demands.
ASUU’s demands include funding for revitalisation of public universities, earned academic allowances, University Transparency Accountability Solution
Others are re-negotiation of 2009 ASUU-FGN Agreement and the inconsistencies in Integrated Payroll and Personnel Information System Payment.
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President Muhammadu Buhari has written to the National Assembly, seeking approval of a supplementary budget which contains N2.557 trillion meant to provide for subsidy on petroleum products from June to December 2022. President Buhari wrote both to the President of the Senate, Senator Ahmad Lawan and Speaker, House of Representatives, Femi Gbajabiamila. The letters were read during plenary by Lawan and Gbajabiamila respectively.
Kogi State Governor, Alhaji Yahaya Bello has signed the implementation of the N30,000 new national minimum wage for public service workers in the State.
The Nigerian Institute of Electrical and Electronic Engineers (NIEEE) has thumbed up for the leadership of the Nigerian Communications Commission (NCC) for the deployment of 5G in Nigeria.
University teachers under the auspices of the Academic Staff Union of Universities (ASUU) have began a 30-day “comprehensive and total” strike.
Supreme Court And Executive Order 10: Matters Arising, Bye Ruben Abati
Many commentators have so far tried to be diplomatic in their response to the ruling, but from the outcome as reported, it is not difficult to see that what the Supreme Court has done is to take a technical view of the matter and offer a strict interpretation of the Constitution, the powers of the President, the relationship between the states, and the limits of the Federal Government in the exercise of its powers as spelled out in the 1999 Constitution. Did the President of Nigeria actually act ultra vires? Justice Mohammed Dattijo, delivering the lead judgment declared that “This country is still a Federation and the 1999 Constitution it operates is a federal one. The Constitution provides a clear delineation of powers between the state and the Federal Government. The President has overstepped the limit of his constitutional powers by issuing the Executive Order 10. The country is run on the basis of the rule of law.” Okay. The law is what the judge says it is. The powers of the various tiers of government are defined in Sections 4, 5, and 6 of the 1999 Constitution pursuant to the doctrine of the separation of powers. Executive powers are vested in the President in Sections 5, 130, 132, 148(1), 151 such that in general, the President of Nigeria is one of the most powerful executives in the world invested literally with the status of a constitutional monarch. In Section 130 (2), he is actually described as “the \Head of State, the Chief Executive of the Federation and Commander-in-chief of the Federation.” The strong effect of the ruling by the Supreme Court in A.G. Abia and 35 ors vs. AG Federation is that there are limits to these powers, nonetheless.
By seeking to enforce and extend Section 121(3) of the 1999 Constitution, the President, in other words, encroaches on the right of state governments to receive money from the Federation Account on behalf of the state judiciary and legislature and transmit their share to them. Thus, the Federal Executive overreaches itself when it assumes it has the powers to strengthen Section 121(3) through what amounts to additional legislation. It is the duty of the legislative arm of government to make or amend laws under Section 6. EO 10 further amounts to an interpretation of the law by the Federal Government and that Executive arm of government acting as adjudicator. The powers in that regard belong to the judiciary under Section 6. So, while the EO 10 would have protected the judiciary against the rascality of state Governors riding roughshod over the judiciary and the legislature at the sub-national level, and the judiciary would have been a beneficiary of the order, their Lordships looked beyond benefit to the judiciary and took a strictly purist and technocratic view of the law. It would be wrong to assume that the judiciary has ruled against itself. If the Federal Government is allowed to overreach itself and the President permitted to usurp the functions of the legislature and the judiciary, that would be a prescription for anarchy and an endorsement of dictatorship.
The lead judgment emphasizes the rule of law, separation of powers, the limits of powers and the federal principle. I would like to see the state legislatures begin to perform their oversight functions, to call over-bearing Governors to order. The judgment has also been described as victory for the Governors. It is most ironic that these same Governors are benefiting from a principle they themselves do not respect, an emphasis on the rule of law they have no regard for. In various states, Nigerian Governors are worse than tyrants. They seek to control judges, bribe them, humiliate them and violate their independence and integrity. It will be recalled that in one state, Cross Rivers State to be specific, magistrates not too long ago – January 2021- carried placards and organized protests because their salaries had not been paid for 24 months and nothing had been done to provide them good working conditions. State Governors also intervene unnecessarily in the appointment of judges, and seek to compromise them. As for the State legislatures, state Governors preside over them remotely. They behave like messiahs with the control of everything else. State legislatures in Nigeria are in any case pathetic. The members behave like the Governors’ houseboys, especially when the Governor’s party has the majority in the House. I argue that although the 36 State Governors may have secured partial victory in the matter of EO 10 with the Federal Government, but they lack the right to claim any moral high ground.
The judex may never at any time go to court to sue the state Executive arm of government, that would be strange but the abuse of privilege by state Governors actually got so bad, that in 2015, the Judicial Staff Union of Nigeria (JUSUN) went on strike for two weeks. In 2020, they shut down the courts for 64 days. State Governments hurriedly signed a Memorandum of Action (MoA), the National Judicial Council also made an appeal before the strike was suspended. JUSUN asked for financial autonomy for the judiciary. The body insisted on compliance with the Constitutional provision which places the budgets of state judiciary as a first line charge on the Constitution. They have a point.. I would also like to see the state legislatures begin to perform their oversight functions, to call over-bearing Governors to order.
What the Governors do to Local governments is even worse. They rely on the powers of control conferred on the state government under Section 7 to render local councils totally ineffective. Governors decide on whether elections would hold at that level of government or not, and when they frustrate due process they appoint sole administrators or caretaker committees. They hide under the State-Local Government Joint Account and the associated committees to steal money meant for local councils. They get away with blue murder because nobody challenges them.
To put the matter in perspective, the Federal Government in 2019 introduced Executive Order 10 to correct the wrong being committed by the State Governors. It also introduced through the Nigeria Financial Investigation Unit (NFIU) a set of guidelines to ensure that state Governors would no longer withdraw monies meant for local council operations from the Joint Account (Section 162 (8)). Daylight robbery of local council resources is one of the reasons the local level of government is virtually dead. The big obstacle against the attempt by the Federal Government to enforce the fiscal autonomy of the local councils was again, the law. This is relatable to the minority judgment by Justice Uwani Abba-Aji who maintained that the EO 10 was in order “because of the hanky-panky and subterfuge played by state Governors against the independence and financial autonomy of state judiciary…This is not unconstitutional.” There has been a tendency to play down this minority view.
On Sunday as anchor of ThisDay Live: The Sunday Talk Show, I had tried to bring up the matter with one of my guests, the legendary Chief Robert Clarke, SAN. Chief Clark had admonished me not to even mention the judge’s name not to talk of offering a summary of his position. But Justice Abba-Aji enjoys the support of Professor Itse Sagay, SAN, who deserves to be quoted at some length: “I just read the judgment” he said. “I was out of the country. I just want to say broadly that I agree with Justice Abba-Aji, the minority judgment. The reason is that the constitution makes it clear that the legislative and judicial branches of state government are to get specific sums of money from what goes to the state. And if the state governors are not making them to have it, all that the executive order has done is to facilitate the implementation of the Constitution. And that is what executive orders are supposed to do. So, the Federal Government was right and I agree with the minority judgment entirely.” What are we dealing with here: form vs substance, the law as it is vs. the law as it ought to be? What is the minority opinion based upon? Was Justice Abba-Aji offering an opinion rather than a strict construction of the law as it is? But whatever it is, the Supreme Court is the apex Court of the land, and the majority decision carries the day, more so as it is focused on the very substance of EO 10.
The Nigerian President is empowered to give orders, and in this regard, there can be a recourse to Section 315(2) of the 1999 Constitution, but this particular section states clearly that the President can only act “in conformity with the provisions of this Constitution”, certainly not in breach of it. The Buhari administration has adopted Executive Orders, the first administration to do so in Nigeria in a manner that looks like a copy-cat imitation of the American Donald Trump’s Presidency. Within the first five months of his assumption of office in 2017, Trump had signed 37 EOs! But even in the US, Executive orders are administrative handmaidens to facilitate the execution of policies within the Executive arm of government, commands to Ministries, Departments and Agencies (MDAs) as instruments of management or to prepare a framework for proposals to the legislature, but certainly not an attempt by the Executive to usurp legislative and judicial functions. To date, the Buhari administration has proclaimed more than 10 Executive Orders. A close scrutiny may reveal that most of them would pass the test. These would include EO 1: on the promotion of transparency and efficiency in the Business Environment; EO 2: On Submission of Annual Budgetary Estimates by all Statutory and non-Statutory Agencies, including Incorporated Companies wholly owned by the Federal Government of Nigeria; EO 3: Support for Local Content in Public Procurement by the Federal Government; EO 4: On the Voluntary Assets and Income Declaration Scheme (VAIDS); EO 5: to promote local content in public procurement with science, engineering and technology components, and to prohibit the Ministry of Interior from issuing visas to foreign nationals whose skills are available in Nigeria; EO 6: on assets connected with corruption and other related offences; EO 7: On Road Infrastructure Development and Refurbishment Investment Tax Credit Scheme; EO 8: On Voluntary Offshore Assets Regulatory Scheme, EO 9: On Companies Income Tax. The problem with EO 10 as appropriately pointed out by the Supreme Court is its breach of constitutional provisions.
It seems to me therefore that Executive Orders are not necessarily in themselves bad; they are good only to the extent that they are in conformity with the basic law, that is the Constitution. Every affirmation of the supremacy of the rule of law is a good sign, but all parties concerned, including the apex court must be seen to be consistent accordingly, and prepared to embark on judicial activism, beyond narrow technicality, for public good, when required to do so. The ruling under review thus throws up more questions than answers: how do we truly ensure the independence of the co-equal parts of government? How do we prevent cynical elements from violating the laws of the land because it is expedient to do so? There are many Nigerians who believe that the 1999 Constitution is the biggest problem of Nigeria and that the Constitution needs to be replaced with a people’s Constitution forged and agreed upon under a democratic dispensation. They also think that for as long as Nigeria is unable to find the political will and the right political leaders to promote unity and national loyalty, so long would the lawmakers and the judex continue to talk about the rule of law in vacuo. In that sense, the Supreme Court ruling under review has not solved any problem. It is instead, a strong reminder, of the inchoateness of the Nigerian essence.