Monday, 30 November 2015

Lagos Fails To Arraign ‎Synagogue Church Trustees, Others

Lagos Fails To Arraign ‎Synagogue Church Trustees, Others

The planned arraignment of the of the Registered  Trustees of ‎Synagogue Church of All Nations (SCOAN) and the two engineers that constructed the collapsed six-story building belonging to the church was yesterday stalled due to failure of the Lagos State Government to serve three of the defendants with a copy of the charge.

The state has slammed a 111 count-charge of failure to obtain building approval and involuntary manslaughter on the church, the engineers, Oladele Ogundeji and Akinbela Fatiregun,  Jadny Trust Limited and Hardrock Construction & Engineering Company.

While the names of all the defendants were mentioned in count one, which accused them of failing to obtain building approval contrary to Section 41 of the Urban and Regional Planning law of Lagos state.

The name of the church was omitted in courts two to 111, which accused the defendants of involuntary manslaughter causing death contrary to Section 222 of the criminal laws of Lagos state 2011.

The Lagos State Government had on September 26, 2013 set up a coroner inquest presided over by Chief Magistrate Komolafe to ascertain the cause of the collapsed building, which left about 116 people dead.

Most of the victims of the collapsed building located within the premises of the church, were mostly of South Africa nationality, they were in Nigeria on religious tourism.

It will be recalled that the Coroner recommended that the church should be prosecuted for failing to obtain necessary approval before embarking on the construction of the collapsed building, while its recommended that the two structural engineers be prosecution for criminal negligence.

When the matter came up for hearing on Monday before Justice Lateef Lawal-Akapo of the Lagos State High Court in Ikeja,  the state’s Attorney-General and Commissioner for Justice,  Adeniji Kazeem informed the court that the state has not been able to serve three of the defendants with a copy of the charge.

Kazeem also told the court they could not effect service because they did not have valid addresses for the defendants.

He then said he has filed an application seeking the leave of the court for substituted serve, since the law requires that an accused person must be personally serve with the charge.

The counsel, who represented the Registered  Trustees of ‎Synagogue Church and Jadny Trust Limited, Oluseun Abimbola expressed surprise over the development,  according to him the state has alway served the three defendants in other proceedings before other courts.

Abimbola also said though he is not representing the absence defendants,  he is aware that their addresses are still valid and they can be reach through them.

At this point the judge ask the lawyer if he can furnish the prosecution with a valid addresses of the defendants, to which he answered in the affirmative.

Based on his commitment, Justice Lawal-Akapo directed the lawyer to to help furnish the prosecution with a valid addresses of the 3rd to 5th defendants within 78 hours to enable the prosecution effect service them before the next adjournment.

Before adjourning the case till December 11, 2015, the judge stated that the trial is a sensitive criminal case and that service in any proceeding is fundamental and anything done outside of it is a nullity.

Saturday, 28 November 2015

Fury beats Klitschko to become new world heavyweight champion

Fury beats Klitschko to become new world heavyweight champion


Britain’s Tyson Fury was crowned the new world heavyweight champion on Saturday after a unanimous points win over Wladimir Klitschko, who suffered his first defeat in eleven years.
The 27-year-old Fury was awarded the fight in Duesseldorf 115-112, 115-112 and 116-111 by the judges to take Klitschko’s WBA, IBF, IBO and WBO belts as the Ukrainian suffered his first defeat since 2004.
The new champion celebrate his victory by signing Aerosmith’s “Don’t Want to Miss a Thing” in the ring.
“I want to thank my lord and saviour Jesus Christ for giving me this victory,” said a tearful Fury who has now won all 25 of his professional fights.
“I have worked hard everyday for this moment, it’s a dream come true.”
Klitschko said there is a rematch clause in the fight contract, adding it was too soon to talk about retirement and admitted he was surprised by Fury’s speed despite his towering 2.06m frame.
“I prepared well, but my speed was missing tonight and I didn’t expect the speed from him,” said Klitschko, who turns 40 in May.
“I knew I needed a knock-out at the end,” he added after his fourth professional defeat.
Fury will cash in on the victory regardless of the fight purse having bet £200,000 on himself.

AFP

Appeal Court Sacks Former Senate President David Mark From Senate

Appeal Court Sacks Former Senate President David Mark From Senate

The Benue state division of the Nigerian Court of Appeal sitting in Makurdi on Saturday nullified the election of former Senate President David Mark in a ruling delivered by Justice Olabisi Ige.

The appellate court upheld the six grounds of appeal brought against the judgment of the lower tribunal which had last month affirmed the election of Mark.

In ruling on the appeal brought by Daniel Onjeh, the South Benue Senatorial candidate of the All Progressives Congress, Justice Ige ruled that the election of Mr. Mark was fraught with so many irregularities that it failed all tests of “freeness and fairness”.

In particular, the court noted that Mr. Mark’s election results had been pre-written on March 28 before proper collation and announcement was made on March 30. The appeal panel ruled that a fresh election be conducted in 90 days in the senatorial zone.

Onjeh had on 20 October taken his case to the Appeal court after the election tribunal dismissed his case against Mark, a former president of the Nigerian senate.

Onjeh’ s case was that the victory of Mark for the Benue South Senatorial seat was marred by violence and rigging .

He alleged that INEC officials were compromised and voters financially induced by the PDP agents at the various polling units in the district .

The petitioner also alleged that accreditation of voters was not properly done and claimed that card readers were not used while accreditation did not hold in some polling units.

But the tribunal, led by Mosunmola Dipeolu , a Lagos judge , dismissed the case in its entirety for want of proofs .

In the judgment delivered on Oct 7, 2015 Dipeolu dismissed the petition on the ground that the petitioner failed to discharge the burden of proof placed on him by law .

But in his appeal , Onjeh contended that the tribunal failed to consider and make necessary findings of fact on all the vital issues raised in the petition .

He also averred that the tribunal erred by departing from its earlier decision in a similar case where it declared that collation of votes after declaration and return on certain votes was irregular.

He also said that the tribunal erred by failing to consider his final written address and determine the relevant arguments proffered in it.

The petitioner insisted that the tribunal had miscarried justice in spite of the evidence placed before it .

He, therefore , urged the appellate court to invoke the provision of Section 15 of the Court of Appeal Act and review the evidence in his petition so as to overturn the decision of the lower court .

He is also Nigeria’ s longest -serving senator. He was elected in 1999 , and re -elected in 2003, 2007, 2011 and 2015 . He served as president of the senate for eight years. 

APC picks Yahaya Bello as Audu’s replacement

APC picks Yahaya Bello as Audu’s replacement


After extensive consultations, the All Progressives Congress (APC) yesterday submitted the name of Yahaya Bello as the party’s new candidate for Kogi governorship supplementary poll.
Bello replaces Prince Abubakar Audu, who died last weekend after leading the poll with 41,000.

It was also learnt that the APC has retained Hon. James Abiodun Faleke as the party’s deputy governorship candidate.

Mohammed Audu, the son of the late governorship candidate, was dumped by the party because the party felt that fielding him might vitiate the entire governorship poll in the state.

But the people of Kogi West were mounting pressure on Faleke yesterday not to accept the nomination of Bello.

Although they asked Faleke to withdraw from the race, the deputy governorship candidate was yet to make up his mind on the next step at press time.

Investigation by our correspondent revealed that APC leaders, with the backing of some forces in the Presidency, opted for Bello because he came second in the party’s primaries behind Audu.

It was also gathered that the APC leaders felt there was no way Mohammed Audu could be fielded as a compromise candidate since he was not a candidate in the primaries.

A top source in APC said: “Our leaders met and after consultations reached a conclusion on the choice of Yahaya Bello from Kogi Central as the party’s governorship candidate to substitute the late Prince Abubakar Audu.

“The leaders arrived at the conclusion because Bello was second to Audu at the validly conducted governorship primaries of the party. Instead of running into crisis with fresh primaries, the party opted to dust up the result of the previous one which was witnessed by INEC.

“A letter, signed by the National Chairman of APC, Chief John Odigie-Oyegun, on the choice of Bello has been submitted to the Independent National Electoral Commission (INEC) on Friday.”

Asked of other factors behind the choice of Bello, the top APC leader said: “Our leaders bought into the idea that Faleke is strange to the politics of the state, having had most of his political career in Lagos. They felt it is better for him to learn the ropes in the state before becoming a governor.

“They also argued that the choice of Bello will ensure power shift in the state and since the Ebiras were behind Audu, it won’t be difficult to foster understanding between Kogi East and Kogi Central Senatorial Districts.

“Do not forget that Kogi East had already produced the minister from the state.

“Another important factor is that some of the 91 polling units where elections were cancelled are in Kogi Central, and it will be easier to mobilize the electorate in the district to get the required votes to defeat the PDP candidate, Governor Idris Wada.

“There was also some conspiracy behind the refusal of the ticket for Faleke. Some presidency forces stamped their feet that he must not be allowed to step into Audu’s shoes because of internal power struggles in APC.

“I won’t give you names but the forced were more powerful than Oyegun and other NWC members.”

On the dumping of Mohammed Audu, the source said: “Our leaders were guided by Section 141 of the Electoral Act. If we choose him, the entire election will be voided.

“The section says: ‘An election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person has not fully participated in all the stages of such election.

“We love the Audus but we cannot take such a big risk. If Wada and PDP go to court, they will win against Mohammed Audu.”
As press time, there was pressure on Faleke by the people of Kogi West to opt out of the race.

A different source said: “There are many options open to Faleke but the people of Kogi West want him to withdraw from the race. If Yahaya Bello gets the ticket, he might be reduced to a dummy deputy governor.

“Unless Faleke can fight his cause in court and claim his mandate, he will be frustrated as a deputy governor. If he quits, the party will have justification for bringing Mohammed Audu and Kogi West will be politically alienated.”

Thursday, 26 November 2015

Kogi East nominates Audu’s son as APC guber candidate

Kogi East nominates Audu’s son as APC guber candidate

Leaders of All Progressives Congress (APC), in Kogi East Senatorial District has nominated Mr Mohammed, 43, first son of Late Prince Abubakar Audu, to replace him as the party’s governorship candidate.

The leaders, stakeholders and delegates who made this known in Lokoja on Thursday after a marathon meeting, said they arrived at the decision after due consultations.
Their spokesman, Mr Daniel Isah, the Vice Chairman of APC in Kogi East, said they have resolved and are determined to back Mohammed to replace his father if the National Working Committee orders fresh primaries.

Isah thanked the Independent National Electoral Commission and the national leadership of the party for the opportunity given to them to find a replacement for Audu who died on Nov. 23 at Ogbonicha, Ofu Local Government.

He appealed to the national leadership of the party to give their decision utmost consideration and approval in the overall interest of the party and the state.

Present at the meeting were Alhaji Lincho Ocheje, Hon. Hassan Omale, Hon. Benjamin Ikhani, and Sen. Emmanuel Dangana, among others.

PDP to INEC: Declare Wada as winner of Kogi election Wada . . . Seeks APC’s exclusion from supplementary poll

PDP to INEC: Declare Wada as winner of Kogi election Wada     . . . Seeks APC’s exclusion from supplementary poll


The national leadership of the Peoples Democratic Party (PDP) has called on the Independent National Electoral Commission (INEC) to declare its candidate, Governor Idris Wada, as the winner of the November 21 governorship election in Kogi State.
The party is also seeking the exclusion of the All Progressives Congress (APC) from the supplementary election slated for December 5. The INEC had declared the election inconclusive following the cancellation of the poll in 91 units across 18 local government areas in the state.
The party’s position was contained in a communiqué issued at the end of its national caucus meeting held in Abuja Wednesday night.
The communiqué, signed by the National Publicity Secretary of the PDP, Chief Olisa Metuh, insisted that with the death of the APC’s candidate, Prince Abubakar Audu , during the election, the APC has legally “crashed out” of the race.
Audu had died on Sunday, while the results of the election were still being collated. He had won in 16 out of the 21 local government areas in the state and leading the PDP candidate with over 41,000 votes.
The INEC has declared the election inconclusive, citing irregularities and violence that led to the cancellation of the election in 91 polling units across 18 LGAs.
The electoral body had declared the election inconclusive and offered to conduct supplementary election in units where the election was cancelled. It had also given the APC a window to field a substitute candidate for the supplementary poll.
But the PDP condemned the INEC’s position, saying no known law or constitutional provision allowed the substituting of candidates, once the ballot process has commenced. The party has threatened to challenge INEC’s decision in court.
“The PDP completely rejects the decision of INEC in yielding to the unlawful prompting of a clearly partisan Attorney General of the Federation (AGF), Mallam Abubakar Malami, to allow APC to substitute a candidate in the middle of an election, even when such has no place in the Constitution and the Electoral Act.
“With the unfortunate death of Prince Abubakar Audu, the APC has no valid candidate in the election, leaving INEC with no other lawful option than to declare the PDP candidate, Capt. Idris Wada, as the winner of the election,” the communiqué said.

Wednesday, 25 November 2015

JAMB rejects Senate’s call for UTME result extension

JAMB rejects Senate’s call for UTME result extension


The recommendation by the Senate that all results for entry into tertiary institutions should last for three years will distort and delay the future of students across the country, the Joint Admission and Matriculation Board has stated.
The organisation therefore said it would be in the interest of the public for stakeholders to answer critical questions regarding such a policy.
The Registrar of JAMB, Prof. Dibu Ojerinde, said this in Abuja during the opening ceremony of JAMB-UNEB Benchmark on Item Banking.
He argued that such a policy would obstruct the education progress of students across board.
Ojerinde said that expressing reservations about the Senate position did not in any way signify opposition to cutting cost.
He said, “There are complexities in this thing, until we are able to clear it. When you say you will use JAMB results for three years, is it an achievement test or aptitude test? However, are we delaying his or her life? Are we postponing his or her life by telling them to stay at home? If by next year he doesn’t get the cut off points, what happens?
“I have nothing against the idea, because we will tell the children, ‘those bluffing Polytechnics and College of Education, go there and waste their time’, if it is a waste of time.”
Ojerinde also informed journalists that cyber cafés across the country would no longer be allowed to register candidates for tertiary education examinations.
“In the final analysis, cyber cafes are not allowed to register candidates for a number of reasons. Cyber cafés may have their address here today, tomorrow they are somewhere else,” he emphasised.
He stated that if registration code was given to cyber cafés, they may mess the process up, thereby, creating crisis for JAMB.
The Minister of Education, Adamu Adamu, represented by the Director of Tertiary Education, Hajia Hindatu Abdullahi, stated that “the results of large scale examinations conducted by examination bodies, such as JAMB, NECO and NABTEB, are necessary for decision making and should therefore be credible.”
She said, “Consequently, the deployment of technology is very imperative if the results must be reliable. The role of technology in education cannot be over emphasised. Electronic item banking is consequent on the use of technology for item analysis and calibration.”

Report from Punch 

Why we opted for Audu’s replacement – INEC … Says AGF’s pronouncement was mere coincidence

Why we opted for Audu’s replacement – INEC  … Says AGF’s pronouncement was mere coincidence


The Independent National Electoral Commission (INEC) yesterday said the attorney-general of the federation (AGF) and minister of justice, Abubakar Malami, did not influence its decision to allow the All Progressives Congress (APC) replace its late governorship candidate, Prince Abubakar Audu, ahead of the supplementary polls in Kogi State.

The electoral commission added that it was mere coincidence that the remarks of the AGF on the issue came the same day that INEC decided on the matter.

The deputy director of publicity of the commission, Mr Nick Dazang, said that the commission relied on extant laws, appreciation of unique circumstances, wide consultations with some of the best of Nigeria’s legal minds and international best practices before issuing its notice.

It further described the call for the resignation of the INEC chairman, Prof Mahmoud Yakubu, over the decision to offer the APC the opportunity to replace the late Prince Abubakar Audu as its candidate, as unwarranted and grossly misplaced.

The commission had, in a public notice to the 22 political parties that participated in the November 21 governorship poll, fixed the supplementary election on December 5 and granted the APC the opportunity to replace its candidate ahead of the supplementary polls.

But the opposition Peoples Democratic Party (PDP) had kicked against the decision to allow APC replace Audu and questioned the independence of INEC, accusing it of taking the cue from a biased   AGF.

The opposition party also called for the resignation of the both the AGF and INEC chairman.

But Mr Dazang said: “It is a mere coincidence that the attorney- general’s remarks, issued ex tempore, came on the same day as INEC’s. Consequently the demand for the chairman’s resignation is unwarranted, uncharitable and grossly misplaced.”

Supplementary Poll: APC Leaders Meet PMB, Decide On Kogi Today

Rising from its meeting which lasted all night and ended in the early hours of yesterday, the All Progressives Congress (APC) is set to take a final decision on who replaces its late governorship candidate, Prince Abubakar Audu, for the supplementary governorship election in Kogi State on December 10, 2015, today.

The late Audu died shortly after the results of last Saturday’s governorship poll in Kogi was declared inconclusive by the Independent National Electoral Commission (INEC).

The APC leaders met with President Muhammadu Buhari at the presidential villa, Abuja, last night to brief him on the outcome of the meeting.

LEADERSHIP gathered that after the meeting, the party resolved that it would suspend taking a concrete decision on when to conduct its primary that would produce the late Audu’s replacement until after meeting with President Muhammadu Buhari to brief him on the outcome of their meeting and get his advice on the way forward.

Besides, it was also learnt that another meeting scheduled for yesterday by the national leadership of the party to work out modalities for its primary election for the Kogi supplementary governorship election was postponed.

National chairman of the party, Chief John Oyegun, who spoke to journalists at the national secretariat of the party, said the meeting was postponed in honor of the late HID Awolowo whose burial coincided with the emergency meeting.

He stated that most party stakeholders who were supposed to be in the meeting went to Ikenne, Ogun State, for the burial.

According to him, the meeting would hold today’s afternoon.

“The meeting did not hold again today (yesterday). Almost of those who were supposed to be part of the meeting are not around. They are all attending the burial of the late Chief Mrs Awolowo. The meeting is likely to take place on Thursday afternoon,” Oyegun said.

LEADERSHIP recalls that INEC had declared that it would allow the APC to use its discretion to fill the vacuum created by the death of its governorship candidate in Kogi State, thus confirming that INEC had heeded one of LEADERSHIP’s postulations – that it invoke the doctrine of necessity in the matter on the grounds that the issue in Kogi is time-bound, since everything had been programmed by INEC to terminate at a specific time. The incumbent governor, Idris Wada, vacates office by January 27.

The paper had also reported that the APC may pick from among James Ocholi (SAN), and Alhaji Yahaya Bello, who all contested the party primary in August, as well as Audu’s running mate, Hon James Faleke, and Isah Jibrin Echocho who had joined the party after losing out in the rival PDP, as replacement for the late Audu.

Audu’s supporters warn against imposition of wrong candidate

Following the decision of the APC to conduct a fresh primary election to select Audu’s replacement, supporters of the late governorship candidate of the party have warned that they would not tolerate the imposition of any unpopular candidate.

Maintaining that any attempt to impose any candidate on the people would spell doom for the party, Audu’s supporters alleged that APC was trying to support a particular candidate.

At the hometown of the late Audu where the third day fidau prayer for him was being marked in his compound‎ in Orego Ogbonicha, Ofu local government, the supporters were said to have started a protest to show their displeasure over the development.

The situation has been worsened by the fact that posters of Abiodun Faleke‎, AVM Atawodi and Yahaya Bello were already visibly dominating strategic places in Lokoja, the state capital

The supporters, who called themselves concerned stakeholders and ardent supporters of the late Abubakar Audu, alleged that the plan for power shift had become a matter of force and through hook and crook, which the people have seen as a measure to coerce the people into believing that time had come for other communities in the state to taste power.

They said they were waiting to see how the APC leaders would correct the impasse in Kogi in line with the political cause which Audu suffered for before his final home call.

 

PPA candidate rejects AGF, INEC’s decision on Audu’s replacement

The governorship candidate of the Progressives Peoples Alliance (PPA) in last Saturday’s election in Kogi State, Mr. Emmanuel Enesi Ozigi, has faulted the decision of the attorney-general of the federation, Abubkar Malami (SAN), and INEC that the APC was at liberty to substitute its gubernatorial candidate, the late Prince Audu for the supplementary election.

Ozigi said it was not fair and justiciable for APC to produce a fresh candidate to contest elections for only 91 units with the other candidates who had gone through the rigours of election from the beginning.

Speaking to journalists in Abuja yesterday, the PPA candidate called for a level playing ground for all the contesting parties and their candidates.

Ozigi added that the election was marred with irregularities which, to him, should necessitate a fresh election.

He said, “I will like the whole world to know that Kogi election was highly incredible and marred with flaws and malpractices. So, the fact that 91 polling units were not satisfactorily rendered, it is the whole state that should be cancelled and we should have a rerun. That is my own position and I will make this position known very quickly.

“It’s quite unfortunate we lost one of our strongest opposition, Prince Abubakar Audu. It’s unfortunate and I feel very sorry about that and my heart goes out to the family and the entire people of Kogi State and the nation as whole but, you see, it is not welcoming for the attorney-general to just mention that they should just replace a candidate just like that without seeking to know the implications of the pronouncement.

“The fact is that the attorney-general represents the federal government, but he shouldn’t be partisan. This country belongs to everyone; the state belongs to us that came from that state.

“So, there should be a level playing ground for everybody. That shows that there is neutrality. I am an advocate of credibility. So I expect that the federal government will look at this issue holistically.

“If you just pick someone tomorrow and say he should be the flag bearer for APC; we never contested with that person; the person never went to the field like we did. I transversed the whole state; the person never transversed the whole state. The electors do not know him, or how he is going to be. So how do you just put somebody and say he should just run with only 91 polling booths; that is not representative and I don’t think we will accept it.”

 

Kogi youth stage protest in Abuja, want Faleke as Audu’s replacement

A group of youths identified as Kogi Youth Vanguard yesterday staged a protest at the national secretariat of the APC in Abuja, asking the party to replace the late Audu with his running mate, Hon Abiodun Faleke, as the substantive governorship candidate without conducting a fresh primary election.

Speaking with journalists at the secretariat, spokesman of the group, Bamidele Peters, said it was only right for the party to consider Faleke.

He said, “Though we sympathise with the family of the late APC governorship candidate, Audu Abubakar, and the Kogi electorate who voted for APC, we feel that this mandate is not just for an individual but the entire party.

“We think the election should be allowed to be concluded and that there should be no replacement of the candidate until that is done. The party will, after the election, be able to replace its candidate.

“Our own interest under the circumstance is to ensure that the supplementary election is concluded. Even if the party will want to replace its candidate, it should be after the election and I feel that, if possible, the running mate, Abiodun Faleke, should be allowed to step in to replace the late governorship candidate.

“Section 181 of the Nigerian constitution should be made to apply under the circumstance to enable the party resolve the crisis of substitution in which APC finds itself now,” he said.

ISIS: Nigeria, French Security Chiefs Meet In Abuja

ISIS: Nigeria, French Security Chiefs Meet In Abuja


The Director of Military Intelligence of the France Ministry of Defence, Gen. Christophe Gormet and his Nigerian counterpart, the Chief of Defence Intelligence, AVM Monday Morgan met yesterday in Abuja over counter-terrorism operations in the country.

LEADERSHIP recalled that Paris has been in the news for suffering attacks from the dreaded ISIS, which has led to the death of no fewer than 130 innocent citizens last week.

The Boko Haram sect, which is perpetrating its criminal atrocities in the sub-region and Nigeria in particular is linked to ISIS which claimed responsibility for the deadly Paris attacks.

According to Gormet, the French delegation was in the country to discuss the issue of Boko Haram and intelligence gathering to counter them and ISIS.

He explained that he was visiting the country for the first time to hold crucial talks with his Nigerian counterpart on counter-terrorism. He recalled the training of 13 Nigerian military operatives in geo-spatial intelligence in Strasbourg, France.

In his own remarks, his host, Morgan, also recalled a visit of the country’s military leadership to Dakar, Senegal, where the French were requested to encourage the Francophone countries to intensify campaign against the Boko Haram.

He said that diplomatic relations between Nigeria and France had become more robust after the visit of President Muhammadu Buhari to France in September, 2015.

He said that the visit culminated in the meeting which had to do with effective collaboration between Nigeria and France in the onslaught against terrorism.

He said that the military was making arrangements to set up a geo-spatial intelligent unit to combat the insurgency.

AVM Morgan said the military would require expertise of developed countries to be able to set up the planned department.

“I want to refer you back to the visit of President Buhari to France early this year; that brought about the serious synergy that we have today between the French government and Nigeria in terms of intelligence sharing.

Terrorists Now Conceal Bombs In Attractive Objects, DHQ Warns

The Defence Headquarters has revealed that the Boko Haram insurgents in one of their desperate moves have resorted to concealing Improvised Explosive Device (IED) in attractive objects and warned people against falling prey to their plot.

The Director of Defence Information (DDI), Col. Rabi Abubakar made this disclosure yesterday in his office in Abuja at an interactive session with Defence Correspondents, where he asked the media to desist from publishing stories based on mere speculation without getting clarification from the military.

Abubakar also disclosed that five of the 100 most wanted Boko Haram terrorists, have been arrested at various locations in collaboration with other security agencies and useful information from the populace.

He urged members of the public to be security conscious and to resist the temptation of picking any strange things found around them.

He said: “All these things we are doing is to make sure that the populace remain safe from the hands of this Boko Haram terrorists who are now devising different means of fighting through this issue of IED and even some cluster bombs which they conceal in attractive objects and drop it in the streets for people to pick.

“We are using this platform to enlighten the citizens to make sure that our citizens do not fall victim on what could be avoided,” he added.

Abubakar who praised the media for contributing immensely to the success of the war, urged the media to confirm whatever information at their disposal before publishing.

MPR, Cash Reserve Cut: Naira, Bonds, Fall As Stocks Rise

MPR, Cash Reserve Cut: Naira, Bonds, Fall As Stocks Rise


Naira and bond yields fell sharply on Wednesday while stocks rose, a day after the Central Bank of Nigeria (CBN) announced a surprise interest rate cut aimed at stimulating lending in to the real sectors of the economy.

The CBN cut benchmark interest rate to 11 per cent from 13 per cent on Tuesday, its first reduction in the cost of borrowing in more than six years. The continent’s top oil producer has been hard hit by a plunge in crude prices over the last year.

The stock market, which has the second-biggest weighting after Kuwait on the MSCI frontier market index , erased seven days of losses to climb to 27,662 points following the rate cut. The index has fallen 20.4 percent so far this year.

“On the back of the reduction in policy rates investors are reconsidering investment in the equities market to earn higher return,” said Ayodeji Ebo, head of research at Afrinvest. “We anticipate further moderation in bond yields.”

He expected stocks in the industrial sector such as Dangote Cement and Lafarge Africa to gain from the liquidity surge as infrastructure projects boom. Ebo said the rate cut may hurt bank earnings as consumer firms reel from dollar shortages.

Yield on the most liquid 5-year bond fell 264 basis points to a five-year low of seven percent while the benchmark 20-year bond closed 150 basis points down at 10.8 per cent on Wednesday, traders said.

Bond yields had traded above 11 per cent across maturities prior to Tuesday’s rate decision, with the 2034 bond trading at 12.30 per cent.

The CBN has been injecting cash into the banking system since October in a bid to help the economy. Banking system credit stood at N290 billion ($1.5 billion) as of Wednesday, keeping overnight rates as low as 0.5 per cent .

Samir Gadio, head of Africa strategy at Standard Chartered Bank said bond holders could be exposed to future losses if the interest rate easing cycle suddenly ends with inflation currently trading 9.3 percent below the yields..

The rate cut also weakened the naira on the unofficial market, which fell 0.8 per cent to 242 to the dollar. The currency is pegged at N197 on the official market.

Non-deliverable currency forwards, a derivative product used to hedge against future exchange rate moves, indicated markets expected the naira’s exchange rate at N235.56 to the dollar in 12 months’ time – the strongest level in five months – and compared to N245.25 at Tuesday’s close.

“Our economists still believe a devaluation will happen in a couple of quarters but I think they have had opportunities,” said Luis Costa, head of CEEMEA debt and foreign exchange strategy at Citi.

FG Establishes Efficiency Unit To Cut Cost Of Governance

FG Establishes Efficiency Unit To Cut Cost Of Governance


President Muhammadu Buhari has approved the establishment of an Efficiency Unit (E-UNIT) in the Federal Ministry of Finance to ensure effective management of Nigeria’s economy and reduce cost of governance.

The principal objective of the Efficiency Unit is to ensure that all government expenditure is necessary and represents the best possible value for money.

Presently, the oil-rich nation’s recurrent expenditure completely dwarfs capital expenditure by a ratio of 84/16.

This includes non-wage related overhead expenditure such as travel costs, entertainment, events, printing, IT consumables and stationeries among others.

As at September 2015, the entire capital expenditure was just 194 billion Naira while overhead expenditure was 272 billion Naira.

Eliminate Wasteful Spending

A statement by the Presidency said the scenario was considered unsustainable and at variance with the current administration’s resolve to reform the economy and reduce the cost of governance.

According to the Minister of Finance, Mrs Kemi Adeosun, the Efficiency Unit will undertake programmed reviews of all government overhead expenditure with a view to reducing wastage, promoting efficiency and ensuring quantifiable savings for the country.

“Specifically, the Efficiency Unit will work across all MDAs to identify and eliminate wasteful spending, duplication and other inefficiencies; identify best practices in procurement and financial management and share such knowledge to ensure its adoption.

“Findings of the Efficiency Unit will be formally communicated accordingly and will be enforced through establishment of expenditure guidelines, undertaking follow-up reviews, spot checks and other measures that will ultimately checkmate wastages across all areas of federal government expenditure,” she said.

Supervising Committee

Meanwhile, the Minister of Finance is to inaugurate the Supervising Committee for the establishment of the Efficiency Unit in Abuja on Monday, November 30, 2015 at 10 am.

The Committee, to be chaired by the Finance Minister, has members drawn from both public and private sector.

The Project Leader is Ms Patience Oniha, a highly experienced Banker and Chartered Accountant, with thirty (30) years experience in financial sector. She had worked with Ecobank Nigeria, Standard Chartered Bank, KPMG and is currently a Director in the Debt Management Office (DMO).

Other members of the Committee include Head of Service of the Federation, Accountant-General of the Federation, Auditor-General of the Federation and Director, Budget Office of the Federation. Members drawn from the private sector include Mr Kabir Mohammed, former ICAN President; Mr Kunle Elebute, (Partner KPMG) and Ms Seyi Kumapayi, Chief Financial Officer Access Bank.

Members of the Supervising Committee have agreed to donate their time without fee as their contribution to making government more efficient.

No specific terrorism threat to US ahead of Thanksgiving— Obama

No specific terrorism threat to US ahead of Thanksgiving— Obama


There is no specific and credible intelligence report indicating terrorist attack is being planned in the United States, President , Barack Obama , has said .
Obama made the remark on Wednesday in Washington to reassure Americans of their safety ahead of the Thanksgiving Holiday .
His remark came amid heightened fears in the wake of the Paris attacks .
The president met with French President Francois Hollande on Tuesday to discuss stepping up efforts against the militant group Islamic State .
“As we go into Thanksgiving weekend, I want the American people to know we are taking every possible step to keep the homeland safe , ” Obama said in televised speech after meeting with his national security team.

Power generation: Egbin station hits 1,100 megawatts output

Power generation: Egbin station hits 1,100 megawatts output

Power generation from Egbin power plant in Lagos State has increased to 1,100 megawatts from 813 megawatts in October.

A source at the plant said in Lagos on Wednesday that this followed improved gas supply to the station.

The plant, the nation’s biggest power generating station, has capacity to contribute about 1,320 megawatts to the national grid.

The source said that with the new power generation level, the station was accounting for almost one-third of the current improvement in power supply across the country.

It said that the recent increase in gas supply was due to “ramp-up” of Egbin’s capacity through continuous investment by its new owners.

The Sahara Power Group and Korea Electric Power Corporation (KEPCO) are the new owners of the station.

According to the source, new the owners have injected N50 billion into the company post privatisation in addition to high level innovation, professionalism, human capital and new technology.

The official promised that the company would be operating at its installed capacity after the ongoing rehabilitation.

The source said that the management was also working to double the power generation capacity from 1,320 megawatts to 2,640 megawatts by 2018.

Meanwhile, the Transmission Company Nigeria (TCN), on Tuesday said that Nigeria’s power generation had hit a new peak of 4,883 megawatts.

This was contained in a statement signed by Mr Clement Ezeolisha, its Assistant General Manager (Public Affairs).

He disclosed that the new level was achieved at 21.15 hours on Monday, Nov. 23.

“TCN is pleased to announce the achievement of a new record peak generation of 4,883.9 megawatts and the highest maximum daily energy delivery of 106,288.48 MWH,’’ the statement said.

The company assured Nigerians that it would continue to improve on its network capacity to deliver quality power to the distribution companies.

Deported Nigerians from the UK arrives in Lagos

Deported Nigerians from the UK arrives in Lagos

A plane carrying about 500 Nigerians deported from the UK has landed in Nigeria’s main city of Lagos.

Most of the deportees say they are not happy to come back.
One person told me that he was arrested by British police and was not allowed to even take his belongings before being deported.

A few of them who say they don’t have relatives here are stranded in the airport.

Recently, Nigeria expressed concern over UK’s plan to deport 29,000 Nigerians, and has insisted that due process be followed before Nigerians are removed from the UK.

The West African nation says Britain must ensure that those been deported are really Nigerians, medically fit to travel and have a role to play in the country – meaning they should be able to fit into Nigerian society.

Saturday, 21 November 2015

KogiDecides Results So Far (unconfirmed )

KogiDecides Results So Far (unconfirmed )

Ogori Mangongo LGA---APC 2321, PDP 1934
Adavi LGA---APC 22659, PDP 7,767
Okehi LGA---APC 17,801. PDP 5808
Yagba West LGA---APC 6231 , PDP. 6639
Igalamela-Odolu LGA--- APC 6075 , PDP 7285
Idah LGA--- APC 10445 , 6113
Mopa/Moro LGA -APC 3881 , PDP 2793
Bassa LGA--- APC 7412 , PDP 9964
Dekina LGA ----APC 18189 , PDP 13885
Kabba BUNU--- APC 8737. PDP 9009
Ibaji---APC 6076 , PDP 13358
Kogi LGA--APC 15358 , PDP 2735
Olamaboro LGA---APC 10419. , PDP 7788
Ofu LGA ---APC 12998. , PDP 9204
Ajaokuta----APC 12197. , PDP 8139
Omala----APC 7378. , PDP 7857
Lokoja---APC 24658. , PDP 5112
Yagba East---APC 7013. , PDP 3856
Ankpa---APC 21806. , PDP 10742
Okene---APC 34293 , PDP 3728
Ijumu LGA---APC 8904, PDP 6271
TOTAL --- APC 264, 851 Votes. , PDP 136, 629 Votes

Thursday, 19 November 2015

Virgin Atlantic Airline Employees Protect Planned Sack, Seek Government Intervention

Virgin Atlantic Airline Employees Protect Planned Sack, Seek Government Intervention


The Nigerian cabin crew members of the Virgin Atlantic Airways have accused the airline of discrimination and racial bias over the planned move to sack all of them by the end of November.

The 21 crew members made this allegation in a protect letter, dated November 17, 2015, they wrote, through their lawyer, Chief Felix Fagbohungbe (SAN), to the Chairman of Virgin Atlantic Airways Limited, Sir Richard Branson.

They also asked the Minister of Aviation to urgently look into what they termed an “utter disdain and disregard for the feelings of Nigerians by Virgin Atlantic.”

In the said protest letter, Fagbohungbe stated that the circumstances relating to the intended sacking of all the Nigerian members of the Virgin Atlantic cabin crew violated the provisions of the International Labour Conference Convention 158 and the 1999 Constitution of the Federal Republic of Nigeria.

Fagbohungbe, therefore called on Branson to order the withdrawal of the sack notices served on the Nigerian members of Virgin Atlantic Airways cabin crew within seven days or the airline will face legal action.

According to the lawyer, the excuse that the 21 Nigerians were being disengaged based on a research that Virgin Atlantic Airline no longer needed cultural expertise on the Lagos route is spurious and untenable the  .

He also claimed that the airline was being unfair to Nigeria as a country by planning to lay off its Nigerian employees despite the fact that the Lagos-London route remains one of, if not, the most viable and profitable route for the airline.

Fagbohungbe further maintained that it was particularly disdainful that the planned sacking of the Nigerians was not with the courtesy of any reasonable severance package or options like the airline would normally do where citizens of other nations were involved.

He recalled that Virgin Atlantic had earlier shut down its call centre in Nigeria and moved it to South Africa thereby compounding the unemployment rate in Nigeria while creating additional jobs for South Africa, despite the profit being made from Nigeria.

The senior lawyer also recalled that the relocation of the call centre had imposed additional cost on Nigerians whose calls for inquiries were now routed to South Africa.

“There is no gainsaying that our clients have been treated unfairly based on their race and dislike for them as Nigerians. Virgin Atlantic’s dislike for Nigerians is further confirmed by the closure of the airline’s call centre in Nigeria which necessitated the routing of calls by Nigerian passengers in respect of their flight bookings through South Africa, this has caused unemployment in Nigeria while creating additional jobs in South Africa.

“In the same vein, although, the monies used to pay the staff in South Africa are generated in Nigeria, routing calls through South Africa is an additional cost, which was deliberately imposed on Nigerian passengers by Virgin Atlantic without due regard for the pain and agony that Nigerian passengers suffer as a result of this action.

“The decision of Virgin Atlantic to terminate the employment of our clients is another classical example of the disdain and utter disregard for the feelings of Nigerians by Virgin Atlantic and our clients have decided to resist this oppressive conduct.

“Since there is no commercial or any other valid or justifiable reason for the decision of Virgin Atlantic to terminate the employment of our clients, we demand that Virgin Atlantic should immediately withdraw the notices of termination served on our clients through its agent – Aviation Logistics and Management Limited,” Fagbohungbe’s letter read in part.

Wednesday, 18 November 2015

Buhari approves Justice Akanbi’s compulsory retirement

Buhari approves Justice Akanbi’s compulsory retirement

President Muhammadu Buhari has approved the compulsory retirement of Justice Lambo Akanbi of the Federal High Court, Port-Harcourt division with immediate effect for misconduct.
It was learnt that the President’s approval followed a recommendation by the National Judicial Council (NJC) after its 74 meeting, held on November 4 and 5 this year.
NJC’s Acting Director, Information, Soji Oye, who confirmed this in a statement yesterday, said Justice Akanbi was fired over various allegations leveled against him by Shell Petroleum Company Nigeria Limited in its petition to the NJC.
Shell was said to have accused Akanbi of unilaterally appointing one Mr. Emeka Nkwo of CYN-JAC (NIG) LTD who was not proposed by any of the parties as referee or valuer in Suit Nos FHC/PH/CS/434/2012 and FHC/PH/CS/435/2012.
“He also appointed the same referee or valuer in Suit FHC/PH/CS/25/2003, which is another matter involving one of the parties in the first suit.
“He heard and concluded the case without dealing with the Notice of Preliminary Objection on the Jurisdiction of his Court.
“He sat on the case in the Federal High Court; Yenagoa in Suit FHC/YNG/CS/30/2013 after a new Judge had been transferred to the state without a fiat from the Hon. Chief Judge of the Federal High Court.
“The judge also delivered the ruling in suit No: FHC/PH/CS/07/2009, four months after final addresses were taken without any cogent reason contrary to the constitutional provisions that Judgment should be delivered within a period of 90 days.
“Justice Akanbi also dismissed the application to set aside the report prepared by the valuer, CYN – JAC (NIG) LTD and later changed the juling to judgement which prevented the respondent from pursuing the application for stay of proceedings at the Court of Appeal.
“That Hon. Justice Akanbi also failed to give a copy of his Ruling delivered on 12 June, 2013 to the complainant until 28 June, 2013.
“In the exercise of its constitutional powers, at the same meetings of 4 and 5 November, 2015, Council had suspended Hon. Justice Lambo Akanbi from office before the approval for his compulsory retirement by President Muhammadu Buhari, GCFR,” Oye said.
Justice Akanbi featured prominently in the dispute between then Governor Rotimi Amaechi and the NJC over the appointment of a Chief Judge in Rivers State, which led to the closure of the state’s court for over a year.
He gave a judgment which was at variance with the position taken by the NJC in the matter.

French Police kill three suspects in Saint-Denis raid

French Police kill three suspects in Saint-Denis raid

Three suspects linked to Friday’s deadly attacks in Paris died after French police raided two separate sites in Saint-Denis, a northern suburb of the French capital, sources told Al Jazeera .

The suspects were shot by police, the sources said, as Reuters news agency reported that a female suspect killed herself by detonating a vest rigged with explosives.
The identity of the casualties was not immediately released. However, French media said the target of the operation was Belgian national Abdelhamid Abaaoud, a key suspect of Friday’s attacks , in which at least 129 people were killed.
Another suspect, Salah Abdeslam, was also said to be a target in the raids.
Police said some of the suspects were holed up in an apartment in the suburb early on Wednesday. Three police officers were wounded in an initial shootout, sources told Al Jazeera.
Residents of the area in northern Paris first reported hearing bursts of gunfire at 4:30am (3:30 GMT), as police exchanged fire with one or more suspects.
After a short lull in the operation, at least seven explosions were heard at 6:30 GMT, Al Jazeera’s Jacky Rowland reported from the scene.
Heavily armed special police units and ambulances were gathering at the scene as a helicopter was hovering over the area, Al Jazeera’s Rowland reported.
“Saint-Denis is a relatively poor area, housing many immigrants. It is near the area of the national stadium Stade de France, where suicide bombers claimed several lives during Friday’s attacks,” Rowland said.
Police were telling onlookers to clear the vicinity of the operation and blocked off a street in the area, as ambulances and fire engines lined the streets a stone’s throw from the centre of Saint-Denis.

Al Jazeera


Two Senators in Hot Exchange over Composition of Committees

Senators Kabiru Marafa, Adamu Wakili In Hot Exchange Over Composition Of Committees


Two senators - Kabiru Marafa (Zamfara Central) and Ali Wakili (Bauchi Central) – on Tuesday engaged in a hot exchange to the extent of dragging each other’s attires after the former was ruled out of order at the plenary by Senate President Bukola Saraki.
Marafa had raised a point of order to press home his demand for the reconstitution of the new committees following his submission last week that the manner of the composition violated provisions in Senate Standing Orders.
But he was ruled out of order by Saraki after referring Marafa to Order 53(6) of the Senate rules which provides that reference shall not be made to any matter that had already been concluded.
Having been ruled out of order, Marafa walked out of the chamber to brief the press on his grievances but he was followed to the chamber by Wakili who was vehement to stop him from briefing the press.
The move led to hot exchange between them resulting in both of them dragging each other’s attires. Below are the details of the episode:
Wakili: You have come here to disgrace the Senate again. Is this what you want to do for the next four years?
Marafa: I will, I will. Because I am not working for you.
Wakili: You cannot sit down there and fight against the Senate.
Marafa: I am representing Nigeria and representing my people. And let me tell you, even the nonsense thing they are saying about suspension, nobody can suspend a senator.
Wakili: You are playing to the gallery. You are playing your script. Who has ever spoken about your suspension?
Marafa: Let us talk about issues.
Wakili: I have discussed all these your issues in today’s Mirror.
Marafa: Mirror, which kind Mirror? Let us do it (address journalists).
Wakili: Newspaper.
Marafa: Who, my own?
Wakili: Yes.
Marafa: Ku samun Mirror (Get me National Mirror). I will respond to it. We raised issues. And we give orders (rules) and point of constitution order.
Wakili: That is not what your constituency sent you here (to do).
Marafa: Are you one of them?
Wakili: We are talking of poverty, education. You are wasting your energy here on useless point of order. I am warning you.
Marafa: It is not useless. You can’t say that order is useless.
Wakili: I will go to your constituency and see what you have done there.
Marafa: Go back. I will go to your own. I was in politics before you when you were wearing uniform (both senators started dragging each other’s attire at this point).
Wakili: Gentlemen of the press, there are issues bedevilling this country.... (Marafa interrupts him).
Marafa: Even if you are not God-fearing, because they made you chairman, a bloody newcomer chairman of a committee. That is why you are talking this way. I am not doing anybody’s game plan. I am speaking the minds of Nigerians.
Wakili: Come, you are a storm in the Senate teacup and a gadfly.
Marafa: I told you I was in politics when you were wearing uniform (still dragging Wakili’s attire).
Wakili: Leave me, look at it. That is not the issue. How old are you?
Marafa: It doesn’t matter.
Wakili: Let go.
Marafa: (Talking to journalists). He said he raised issues in National Mirror. Let him say the issues. I will respond to them here.
Wakili: You see, your experience has not helped you. It (Senate rules) says that where such a matter has been decided, you cannot raise it again.
Marafa: That is nonsense!

Sunday, 15 November 2015

Illegality of stay of proceedings in FRN v Saraki - Falana

Illegality of stay of proceedings in FRN v Saraki - Falana 


On May 13, 2015, President Goodluck Jonathan signed the Administration of Criminal Justice Bill into law. Both chambers of the national assembly had passed the bill to modernise our criminal justice system. In particular,  the law has abolished stay of proceedings and interlocutory appeals by merging all  preliminary objections with the substative case in any criminal case instituted  in a federal court in the country. The revolutionary intervention of the law was occasioned by the unending trial of politically exposed persons in corruption cases. In fact, the last straw that broke the carmel's back was the case of Mohammed Abacha v FRN which had been stalled for 12 years on account of the preliminary objections raised and argued from the high court to the apex court by the defence counsel, Mr. J. B. Daudu SAN.  At the end of the Isralite's journey the Supreme Court ordered that the trial be commenced de novo at the federal capital territory high court. Having been completely frustrated in the circumstance, the federal government was compelled to discontinue Mr. Abacha's corruption charge of N664 billion under the pretext that the case would be "amicably" resolved!

Before then, the Lagos State government had been forced to abolish stay of proceedings in criminal trials following the prosecution of Major Hamza Al Mustapha over the murder of Mrs Kudirat Abiola. The trial had lasted 13 years on account of several preliminary objections and interlocutory appeals which were pursued from the High Court to the Supreme Court. Contrary to the misleading view of many senior lawyers that the abolition of stay of proceedings in criminal trials is illegal it has been judicially decided that statutes which oust the jurisdiction of courts to stay proceedings are constitutionally valid. In FRN v Nwude (2006) 2 EFCCLR 149 at 161 it was held by Oyewole J. (as he then was) that section 40 of the Economic and Financial Crimes Act, 2004 which abolished stay of proceedings is not an infraction of the powers of the court. According to his lordship,"inherent powers of the court only come into play in the absence of express statutory provisions and the court then fills in thr gap by invoking its inherent powers to do justice in a given case....the intention of the legislature in this instance is to remove impediments in the way of the adminstration of justice." Similarly, in Ajiboye v FRN (2013) 17 WRN 127 at 145 the Court of Appeal (per Ogbuniya JCA) struck out the application for stay of proceedings on the ground that it was incompetent "in the face of the sacrosant prescription of section 40 of the Act which clearly ousted the jurisdiction of the court over it."

It is trite law that jurisdiction oxygenetes all proceedings in our courts. Accordingly, the exercise of judicial powers by any court without jurisdiction is bound to end in a nullity, regardless of the industry invested in it. With  the enactment of the AJCA, the supension of criminal cases  by all accused persons has been effectively stopped in Nigeria.  Therefore, any judge who orders a stay f proceedings in any criminal trial does so illegally and is liable to be sanctioned by the National Judicial Council. It is unfathomable that the Supreme Court  decided to return the country to the status quo ante in a rather  brazen and bizzaire manner. In view of the ouster clause contained  in section 306 of the AJCA, the Code of Conduct Tribunal ought not to have delivered its ruling in respect of the preliminary objections filed by Dr. Saraki. The ruling should have been read together with the judgment after the conclusion of the trial. It was the premature ruling of the Tribunal which led to the filing of an interlocutory appeal in the matter. Instead of delinining jurisdiction to entertain  the interlocutory appeal which has been  abolished by the AJCA,  the Court of Appeal ordered a suspension of the trial at the Code of Conduct Tribunal to await its decision. Although the Court of Appeal  eventually dismissed the appeal the trial of the substantive case at the Code of Conduct Tribunal has been further halted by the Supreme Court which has granted another stay of proceedings pending the hearing of the interlocutory appeal filed before it by the accused person.

However, it is  sad to note that in granting the order of stay of proceedings in the case   the apex court ignored the provisions of sections 306 and 396 of the Administration of Criminal Justice Act, 2015 . It was not a case of oversight or lack of knowledge of the existence of the AJCA on the part of the Court but a deliberate judicial decision to turn back the hand of the clock in the ongoing battle against corruption and impunity in the land. Curiously, some senior lawyers have endorsed the blatant violation of the law in the matter. I am disturbed that a progressive lawyer like Emeka Ngige SAN was reported to have justified the illegality of the order of stay of proceedings. No doubt, the prosecution and the defence counsel who are Senior Advocates of Nigeria cannot be exonerated in the mockery of the criminal justice system. By arguing preliminary objections which have been merged with the substantive case the senior counsel involved in the diversionary legal rigmarole overlooked the relevant provisions of the AJCA. Similarly, the members of the Code of Conduct  Tribunal and the Justices of the Appeal Court did not advert their minds to the combined effect of sections 306 and 396 of the AJCA.  In any case, one had expected the learned Justices of the Supreme Court to correct the litany of legal errors committed at the lower courts. But the errors were endorsed as the apex court decided to halt the trial without any legal justification whatsoever. The counsel to the federal government, Mr. Rotimi Jacobs SAN was even boxed to a corner by the Court to the extent that he had to undertake not to proceed with the trial at the Code of Conduct Trubunal pending the determination of the interlocutory appeal!

As a creation of the law the Supreme Court is bound by the law. So are the Justices of the Court. In Joseph Amashoma v The State (2011) 14 NWLR (pt 1268) 530, the honourable Justice John Fabiyi  held that "The appellant's counsel should be reminded of the doctrine of Separation of Powers as enshrined in the 1999 Constitution. The Legislature is to enact law while it is the duty of the Judiciary to interpret the law as enacted....There is no escape route." In the instant case, there was no escape route. Yet, the Supreme Court discountenanced the tenet of separation of powers by the deliberate refusal to limit itself to the interpretation of the relevant provisions of the AJCA. As the inherent powers of a Court cannot be invoked to supersede the extant provisions of a valid and subsisting legislation the Supreme Court ought to be challenged to justify the purported annulment of the clear and unambiguous provisions of the AJCA. With profound respect to the reverred members of the panel of the Court the order of stay of proceedings granted by them last week flies in the face  of  section 306 of the Administration of Criminal Justice Act, 2015 which provides that "An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained." Indeed, ex abundanti cautela, section 396 thereof further provides that all preliminary objections "shall be considered along with the substantive issues and a ruling shall thereon be made at the time of the delivery of judgment." Apart from abolishing stay of proceedings the AJCA has effectively banned interlocutory appeals in criminal trials.

Therefore, the controversial ruling of the Supreme Court should not be allowed to stand because of its far-reaching implications and negative impact on the administration of criminal justice in the country. Since the ruling is  binding on all other courts  in line with the hallowed principle  of stare decisis the Supreme Court should take advantage of the substantive appeal in the Saraki's case to review  its position with a view to confirming the abolition  of stay of proceedings by section 306 of the AJCA. This clarification should be made, as soon as possible, in line with the letter and spirit of the AJCA. Otherwise, every accused person will continue to file interlocutory appeals and proceed to  ask for stay of proceedings pending the determination of such appeals. The application will have to be granted as the hands of either the trial court or the Court of Appeal would have been tied by the erroneous decision of the Supreme Court in the case of Saraki v FRN. The apex court is advised to distance itself from the antics of the influential agents of impunity in the legal profession who have

resolved to frustrate the trial of corruption cases by filing cumbrous motions and frivolous preliminary objections designed  to shield members of the ruling class from prosecution. Our judges should realise that the inglorious era of engaging in dilatory tactics in criminal trials by defence counsel  has been consigned to the dustbin of history.


SystemSpec Writes PMB, Says It Commenced TSA Collection In 2011, Never Received N25bn

SystemSpec Writes PMB, Says It Commenced TSA Collection In 2011, Never Received N25bn

.SystemSpecs, Banks Demand Payment of N7.6bn Processing Fee

• Cumulative collection of FG funds put at N1.5tn

• 1% service fee approved by OAGF in last administration • Agent ready to renegotiate terms


The controversy over the status of the processing fee approved for software firm, SystemSpecs, owner of the e-Payment and e-Collection platform, Remita, which serves as the gateway for the remittance of funds to the Treasury Single Account (TSA), has taken a new turn, as the service provider has petitioned President Muhammadu Buhari appealing that the fees earned for its services are paid.
Also, documents obtained by THISDAY and other government sources have shown that contrary to earlier reports, the controversial one per cent commission charged on the transfer of funds to the TSA was approved by the Office of the Accountant-General of the Federation (OAGF) in the last administration, and not by the immediate past Governor of the Central Bank of Nigeria (CBN) who is now the Emir of Kano, Alhaji Muhammad Sanusi II.

The 1 per cent commission, THISDAY also learnt does not solely belong to SystemSpecs but is shared by the firm which gets 50 per cent of the commission, CBN – 10 per cent, and the 22 commercial banks in the country – 40 per cent.
Although the exact amount, being the 1 per cent commission charged on TSA transfers, was not specified in the letter to the president, other documents, which consisted of correspondence between the service providers and other agencies of government, exclusively obtained by THISDAY from government sources, showed that as at October 28, the total refund by all the banks, CBN and SystemSpecs, following the presidential directive, was N7,628,925,165.16 and that since October 27, there were no new charges on subsequent transfers.

Last week, the Senate had ordered its joint Committees on Finance, Banking and Other Financial Institutions and Public Accounts to probe the allegation that the e-Collection agent, Remita, had been paid 25 billion, being the 1 per cent commission it charged for the transfer of N2.5 trillion of federal government funds to the TSA.

The motion, which was moved by Senator Dino Melaye and adopted by the Senate, held that the N25 billion payment was in gross violation of Section 162(1) of the 1999 Constitution which states that “the federation shall maintain a special account to be called the federation account into which all revenues collected by the government of the federation except the proceeds from the personal income tax of the personnel of the Armed Forces of the Federation, the Nigeria Police Force, the ministry or department of government charged with foreign affairs and the residents of the FCT, Abuja”.
However, THISDAY exclusively reported last Friday that Remita was not an agent or company, but the software platform used for the transfers, while SystemSpecs, whose Managing Director is Mr. John Obaro, is the owner of e-Payment/e-Collection solution.

The company’s website further revealed that the chairman of SystemSpecs is the former Director General of the Nigerian Broadcasting Commission, Dr. Christopher Kolade.
Other directors of the company include a former Executive Vice-Chairman of the Nigerian Communications Commission (NCC), Mr. Ernest Ndukwe, Mr. Emmanuel Ocholi, Mr. ‘Deremi Atanda and Dr. Emmanuel Eze.
Remita, which was adopted by the CBN as the e-Payment and e-Collection platform of the federal government, is currently used by all the banks and over 400 microfinance banks nationwide.
A breakdown of the cumulative fee of N7.6 billion showed that SystemSpecs, the banks and CBN refunded various sums of N3.8 billion, N3.05 billion and N760.9 million respectively, in proportion to their share of the 1 per cent processing fee.
The documents also showed that the transfers to the TSA on the Remita platform as at October 27 was N836.7 billion when the commission was still being applied and over N200 billion from October 28 to date when the commission had ceased to be applied following the presidential directive.

An additional N500 billion was transferred to the TSA on the RTGS platform run by the CBN, bringing the cumulative transfers to N1.5 trillion, as exclusively reported by THISDAY.
This is a far cry from the N2.5 trillion and N25 billion paid as commission bandied on the floor of the Senate by Senator Melaye.
The documents also indicated that the management of SystemSpecs is currently under pressure from some banks who are calling for the immediate payment of their own share of the processing fee, with some of them threatening litigation.
In a letter to the president dated November 6 and signed by the Managing Director, SystemSpecs, which was made available by a government source, the company has warned of the serious consequences of the disruption in the services provided by the firm on the TSA.
In the letter, SystemSpecs, which said it sought for a meeting of all the stakeholders to iron out the grey areas on the processing fee, lamented that instead of an invitation for a stakeholders meeting as requested, the company received a directive from the CBN Governor Godwin Emefiele to refund all TSA e-collection fees earned to date and to suspend all charges on the platform.

The letter said: “SystemSpecs has since complied fully with this directive and refunded all monies earned to date to the CBN. This we did in good faith and without prejudice, to avoid distractions that could becloud the bigger potential of the TSA project for our country.
“While we await clarification from Office of the Accountant-General of the Federation/CBN on the way forward, we have since suspended all TSA e-collection fees on the platform. This means that none of the TSA collection parties/channels are earning any fees for providing services to government.”

The letter warned that this position was however not sustainable as the collection partner banks were threatening to suspend TSA collections, adding that the situation would clearly be playing into the hands of those who do not wish this initiative to succeed.
The letter disclosed that before SystemSpecs was engaged to implement the TSA project in 2011, as exclusively reported by THISDAY, CBN had written to OAGF that the project was not feasible for at least two years.

“The initial thinking then was to use the RIGGS to support TSA transactions before it was observed that the system was not built for retail and high volume transactions.”

In the bid to dispel speculations that the contract for the TSA might have been done from the back door, the company said in the letter that “when we signified our intention to provide a solution for TSA, we were told that the Nigeria Inter-bank Settlement System (NIBSS) had also shown interest and the decision of which platform to use was left to a joint evaluation committee comprising CBN and external consultants.

“Three times, we and NIBSS made competitive presentations to the joint evaluation committee. It was clear that the wholly Nigerian-developed Remita effectively addressed all the requirements expected by OAGF and its external consultants to support TSA’s e-payment and e-collection of government receipts”.

The documents also showed that SystemSpecs had exchanged letters with other relevant authorities, the CBN and the OAGF long before the Senate motion last week alleging that the implementation of the TSA had fetched the service provider a whooping N25 billion.

In the letter, SystemSpecs said it emphasised the need to review the processing fees in view of the impact of the large fees collected through Remita at the early stage of the implementation of TSA, which the company said was not representative of the typical regular collection flows.

However, instead of reviewing the fee as advised by SystemSpecs, CBN had directed the company in a letter dated October 27 to return all charges earned on the use of Remita collection platform.
The letter signed by CBN’s Director of Banking Supervision, Mr. Dipo Fatokun, read in part: “I have been directed to inform you that you should refund all charges (1per cent cost of collection) made into MDAs accounts as a result of the implementation of the TSA.

“The total amount should be credited into the account mentioned below: FGN Revenue a-Collection Pool Account at the Central Bank of Nigeria Account Number: 0020054161043.

“Since the cost of collection must have been shared by all the stakeholders, you are hereby required to also provide a schedule of the total amount collected and the portion that was shared to each of the three participants.

“The schedule should be prepared on month-by-month basis, from the commencement of the TSA implementation in March 2015, to date. We will recover the share to the CBN and the DMBs.

“Please note that you are required to comply with the above directive, latest, by Wednesday 28th October. 2015.”

Although it complied immediately, SystemSpecs also wrote a letter to the central bank on October 28, asking for the immediate return of their processing fees, claiming that the banks that were part of the process were already demanding their return.
The company further warned that the refund might affect banks’ support for the programme given the fact that they were still reeling from the impact of government funds’ withdrawal from their vaults.

The company recalled that it had expressed its willingness to renegotiate the terms of the agreement, adding however that it was not taken seriously by the CBN.

“We had even gone the extra mile by expressing willingness to renegotiate; twice, we requested in writing that a meeting be called to agree positions. This did not happen. We do not see why we should be penalised for this,” the letter read.

The documents recalled that between May 27 and 28, 2013, CBN and OAGF jointly organised a seminar with key stakeholders on the commencement of e-collections scheduled to start January 1, 2014.
SystemSpecs, according to the letter to the CBN, proposed total fees of one per cent; banks proposed total fees of five per cent as they would no longer be able to keep floats.

The letter added that thereafter, a committee set up to advise on fees recommended 2.5 per cent but that the Accountant General of the Federation overruled it and said they would pay one per cent and not 2.5 per cent. This decision, he said, was communicated to all the parties including the CBN, banks and SystemSpecs.

Obaro in the letter added that the company was invited to an impromptu meeting by the OAGF on September 14, and was told that in view of the enlarged scope of the TSA project which would now include the FAAC accounts, which are large, they would want the charges reviewed.

“On September 16, we wrote the CBN to give a brief of the meeting with OAGF and we said inter-alia: ‘While on our part, SystemSpecs is not averse to a review of the existing transactions fee to a figure that is agreeable to all parties, we would however advise of the need to carry along the DMBs as you will recall that the current fees was agreed with the banks and communicated by CBN via a circular in December 2013’,” the SystemSpecs boss stated in the letter.

However, one of the letters disclosed that the response of the CBN came on October 23 in form of a directive to Systemspecs to return all collection fees on this platform.

The company therefore expressed disappointment with the turn of event, stating in its letter to the CBN: “I must confess sir that we certainly feel victimised with the attempt to hold us responsible for a rate that was midwifed by the CBN and OAGF, agreed to by DMBs contracted with us and simply implemented on our system as agreed.”

Meanwhile, more facts have emerged on the appointment of SystemSpecs to provide the e-Payment and e-Collection solution for the remittance of government funds to the TSA.
CBN sources have disclosed that contrary to the perception created last week that the former CBN governor approved the contract, a top CBN official who worked closely with Sanusi disclosed that when the government wanted to start the TSA, an inter-departmental technical committee comprising the Ministry of Finance, the CBN and commercial banks was set up.

“It was this committee which screened and selected SystemSpecs to use its Remita software as the gateway for government revenues while the Accountant-General of the Federation approved the 1 per cent commission for SystemSpecs for their services in revenue collection. This was not approved by the CBN.

“Even though the Deputy Governor, Operations (Tunde Lemo) chaired the technical committee only the finance ministry can approve spending government money, the CBN is only a custodian.
“No part of this transaction came to Sanusi or was brought to his attention because as CBN governor he did not micromanage the central bank and these things did not need his approval or time,” he said.

It was also discovered that Lemo’s preference, as chairman of the inter-departmental committee, was to appoint NIBSS of which he was also its chairman in his capacity as the Deputy Governor, Operations in CBN.
But after the committee evaluated the presentations made by SystemSpecs and NIBSS, it was determined that the former had developed the platform for the e-Collection services that were required by the federal government and CBN while NIBSS did not have the software.

“SystemSpecs was selected through a competitive process because it showed it had the platform that was needed for the services. There was nothing untoward about the selection process and the committee approved it, following which the Accountant-General negotiated the commission downwards to 1 per cent,” the source explained.

Report from Thisday 

Thursday, 12 November 2015

LASUTH performs first kidney transplant

LASUTH performs first kidney transplant


Lagos State University Teaching Hospital, LASUTH, yesterday joined the league of hospitals that offers kidney transplant services following a successful kidney transplant on a 56-year- old man in Lagos.
The life-saving procedure which took two and half hours was the first of its kind in the tertiary institution.

Speaking on the feat, the elated Chief Medical Director of the hospital, Prof. Wale Oke, said the successful kidney transplant was part of the state government’s promises to deliver excellent healthcare services to the people of Lagos State.

Oke revealed that prior to the surgery, several consultations were made to ensure that the patients were well selected to avoid complications after the exercise.

“But thank God today, both the donor and recipient are in sound health,” he said.

The Chief medical Director who assured Lagosians that the hospital would continue to bring such services in-country.

Speaking, leader of the transplant team, a Consultant Nephrologist, Dr. Jacob Awobusuyi, said the initiative was conceived three years ago.
Awobusuyi explained that gaining the confidence of the patients was very tough but after the operation, they were both excited.

“Before the operation, both the 56-year-old recipient and the 26-year-old donor who was the patient’s nephew expressed concern. But after the operation they were both fine,” he said.

30 years After, Court Awards N500m to King Sunny Ade Over Rights Infringement

40 years After, Court Awards N500m to King Sunny Ade Over Rights Infringement

Thirty years after after he took record manufacturing company, African Songs and its subsidiary Take your choice stores to court, popular musician, Chief Sunday Adeniyi Adegeye (King Sunny Ade ), was yesterday awarded N500 million as damages, for the infringing of his works with additional cost N3 million for prosecuting the suit.

The two companies were ordered to pay the sum by Justice James Tsoho of the Federal High Court in Lagos, while delivering judgment in the suit first instituted by the musician in 1975. 

Sunny Ade had stated in his statement of claim that in 1975, a contract dispute arose between him and the two companies culminating in a judgement delivered by Justice Dosumu presiding over a Lagos high court.

According to him, in the said judgement the court ordered the companies to return the master tapes of the original musical works produce under the label of the two companies by 'Sunny Ade and his green sport' back to him, but before the master tape could be returned the chairman chief Executive Office of the two companies, Chief Bolarinwa Abioro died.

      Consequently,in a bid to retrieve the master Tapes, Sunny Ade in 1997 dragged the two companies before a federal high court in Lagos, joined as co-defendants are, Lati Alagbada, Record manufacturing Nigeria limited, ibukunola printers, Alhaja Awawu Ade Amodu, and M.O. Alagbada, who he alleged have been using the master tapes to produce inferior qualities of his musical works and selling them to members of the public thereby depriving him of his means of  livelihood.

He had contended that he was the author, composer,and producer of all the musical works numbering about 22.

He therefore demanded for damages in the sum of one Billion Naira jointly and severally, in addition an order of the court ordering the two companies to return to him his master tapes as well as restraining the defendants from infringing on his musical works.

    In a defence and counter claim  filed by the two companies, they claimed that since Sunny Ade has been paid royalties by the companies, so he cannot lay claim to the tapes again, the contract he signed with the two companies does not include returning of the master tapes to him.

They consequently urged the court to award N5 million against Suny Ade and in their favour.

In his judgement, Justice Tsoho while dismissing the counter claim of the two companies for lack of merit, ordered the two companies to pay Suny Ade and his band the sum of N500 milion, he also ordered that the master tapes should be return to him since it has been proved beyond reasonable doubt that he is the owner of the copyright. 

The claim against other defendants were struck out on the ground that no enough evidence were adduced against them.