Non-transmission of Budget Details to Buhari Delays Review and Assent

Non-transmission of Budget Details to Buhari Delays Review and Assent

·US to press Nigeria on exchange rate flexibility

Fresh facts have emerged as to why President Muhammadu Buhari is yet to sign the 2016 budget into law even though highlights of the Appropriation Bill have been transmitted to his office by the National Assembly.
A source at the presidency, who confirmed to THISDAY that the president had indeed received the budget, said however that Buhari could not assent to it because what was sent to him contained only the highlights and not the full budget.
The source, who said he was not authorised to speak on the matter, noted that even though the president was very anxious to sign it into law, he could not do so because the highlights do not contain the amendments made to the budget by the lawmakers.
THISDAY had exclusively reported on Monday that the president was awaiting the submission of the budget by the legislature, following which the document would be sent to all the ministries, departments and agencies (MDAs) of government for review to ascertain any significant amendments carried out by the legislature.
The objective of the review is to verify if any of the amendments by the legislature are inconsistent with the spending plan of the executive, thus rendering it unimplementable.
Throwing more light on the issue yesterday, the presidency source said: “As a result, the president has been handicapped in signing the bill because he does not know what is contained in the details and what adjustments the National Assembly must have made to the proposal sent to them.
“Although he is anxious to sign the document so that it’s implementation can start immediately, he is afraid he may later discover, when the details are sent, that what is contained therein is not implementable.
“He wishes the National Assembly could send in the details speedily so that it could be considered for assent.”
Another source, who said he monitored the way the National Assembly had handled the budget, disclosed that either the National Assembly did not complete work on the budget or the lawmakers were playing politics with the document which affects the economy of both the country and its citizens.
“The National Assembly may just have passed the bill to pass the buck to the executive and escape the wrath of the public which was gradually suspecting it of sabotage.
“As it is, the Budget Office cannot also work on the budget for implementation because it is the details and not the highlights that they convert into implementable templates for the respective MDAs,” the second source said.
THISDAY also learnt that ministers are also eager that the budget be signed into law so they can start implementing their programmes, but have agreed with the president that the budget can only be signed into law when the details have been transmitted to the president.
They are particularly worried that the year is gradually advancing and the provision of the law in respect to spending from the previous year’s budget is not helping matters because of the low capital provision in 2015 budget.
The presidency was of the view that because of the low provision made last year for capital expenditure, spending 50 per cent of that provision in the first half of this year would have no meaningful impact on infrastructure projects.
Meanwhile, the United States said yesterday that it would press Nigeria in talks this week to adopt a more flexible foreign exchange rate to boost growth and investments in Africa’s largest economy.
According to Reuters, U.S. Assistant Secretary of State for Africa, Linda Thomas-Greenfield, told an audience at the U.S. Institute of Peace that Nigeria should ensure that the value of the naira currency versus the U.S. dollar was “more realistic”.
“While most people complain about the possibility of there being a devaluation, people are already operating on a devalued currency, and the only people who are not, are people who are doing it officially,” Thomas-Greenfield said.
“Our recommendation is, and we will have discussions about it… that they should look at the exchange rate and try to make the exchange rate more realistic to what the value of the naira is to the dollar,” she added.
She spoke before talks in Washington to be launched by Secretary of State John Kerry and which will focus on Nigeria’s economy, security and development.
Buhari is slated to depart for Washington D.C. today for the fourth Nuclear Security Summit. He will be expected to hold bilateral talks with U.S. officials on the sidelines of the summit.
Nigeria faces its worst economic crisis in decades as the falling price of oil has slashed revenues, prompting the Central Bank of Nigeria (CBN) to peg the currency and introduce curbs to protect foreign exchange reserves, which have fallen to an 11-year low.
Some members of central bank Monetary Policy Committee (MPC) have said the naira should be devalued.
Thomas-Greenfield said the parallel currency market in Nigeria was “alive and well”, warning that a rigid exchange rate, capital controls and import bans could undermine Buhari’s efforts to expand economic growth and fight corruption. Buhari has rejected the idea of devaluing the naira.
“Capital controls that limit access to foreign exchange rewards insiders and undermines the stated goals of Nigeria to increase domestic production because, both Nigerian and expat investors alike, tell us many businesses are unable to obtain the capital to purchase badly needed intermediate goods,” she said.
The naira trades some 40 per cent below the official rate on the black market versus the dollar. The central bank last year pegged the exchange rate to curb speculative demand for the dollar and conserve foreign exchange reserves after it restricted access to hard currency for imports of certain items, frustrating businesses.
The International Monetary Fund (IMF) has called on Nigeria to lift the curbs and let the naira reflect market forces more closely, as the restrictions have significantly affected the private sector.

Report from Thisday

Boko Haram leader, Shekau reappears in new video

Boko Haram leader, Shekau reappears in new video

Boko Haram leader Abubakar Shekau appeared on video for the first time in more than a year on Thursday, rejecting rumours about his death but appearing to signal his time in charge of the Nigerian jihadist group may be coming to an end.
In a message that contained none of the defiant bluster, taunts and denunciation of political leaders of previous videos and will likely be interpreted as an admission of defeat, the dejected-looking Shekau declared in the Hausa language: “For me the end has come”.
“This is a message of greeting and joy for you to see my face,” said Shekau, who in March 2015 pledged allegiance to the Islamic State group in an audio message.
“This is my desire: that whoever sees this will hear nothing but greetings between me and you. Only Allah knows the rest, as you believed (and) as you submitted. For me the end has come.
“This is only the message I want to send to you for you to understand that this is certainly I. This is why I did this.
“May Allah protect us so that no hypocrite stands between us. May Allah protect us from the devil so that he doesn’t achieve his evil among us.
“May Allah protect us and may we stand firm on the path of Allah. I thank my creator.”
A military source in the Borno State capital, Maiduguri, told AFP: “Watching Shekau in this video, the message is clear: the game is over.
“For this arrogant and boastful terrorist to speak in such a meek and subdued tone shows he has been trounced beyond his imagination.
“It is farewell video. He is just telling his fighters they should forget their illusionary Islamic state and lay down their arms.
“He knows that with the current advance of the Nigerian military our troops will soon reach him”.
Unlike messages from the Islamists at the end of 2014 and start of 2015, which were slickly edited and closely resembled those of the Islamic State group, the new video was poorly shot.
It was also posted on YouTube rather than via Twitter accounts linked to IS supporters and websites used by fellow jihadists, which had become Boko Haram’s preferred medium of communication.
The bearded Shekau, who looked thin, spoke to his followers in front of a lime green background, with the Boko Haram black flag superimposed in crude graphics.
He also makes no mention of the Islamic State or Islamic State in West Africa province (ISWAP) and uses the group’s original name “Jama’atu Ahlis Sunna Lidda’awati wal-Jihad” or “People committed to the propagation of the Prophet’s teachings and jihad”.
There was no indication of when or where the video was shot and Nigeria’s military said it was trying to determine its authenticity.
“We are aware of the video but we are subjecting it to thorough forensic investigation,” they said in a statement.
In the video, Shekau referred in the past tense to the Borno State town of Gwoza, which Boko Haram overran in mid-2014 and declared a caliphate, referring to it as “Darussalam” or “Home of Peace”.
The town was later retaken in a military counter-offensive that has seen Boko Haram-controlled towns, villages and territory seized back over the last year.
Boko Haram supply lines are said to have been squeezed, preventing them sourcing fuel for hit-and-run attacks and conventional fighting, although suicide bombings persist.
There have also been reports of fighters surrendering for lack of food. Shekau himself is said to be in hiding in the Sambisa Forest area of Borno state, currently targeted by the military.
Nigeria has claimed several times that Shekau has been killed since the start of the deadly insurgency responsible for at least 17,000 deaths since 2009, only for him to reappear in video messages.
The military believes several lookalikes have since stood in for him.

Report from Punch

Five Years' Jail Term: Ibinabo Fiberesima Asks Court For Bail Pending Appeal

Five Years' Jail Term: Ibinabo Fiberesima Asks Court For Bail Pending Appeal

Jailed Nollywood actress, Ibinabo Fiberesima yesterday urged the Lagos Division of the Court of Appeal to admit her to bail pending the hearing and determination of an appeal she institute against her five years sentence before the Supreme Court.

Fiberesima, who is seeking the post trial bail on health ground, claimed that she is currently recovering from surgery and that she recently removed tumour from her breast, so she needed constant monitoring by her doctors.

It will be recalled that the embattled actress was sentenced to five years imprisonment by Justice Deborah Oluwayemi of the Lagos High Court for reckless driving which caused the death of one Dr. Giwa Suraj in an auto accident along the Lekki-Epe expressway, Lagos.

Dissatisfied, Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka Amaechina urged the court to set aside the five year sentence and restore the decision of the Magistrate Court, which had earlier imposed a N100,000 fine on her for the offence.

But, the appellate court in its judgement delivered on February 11 dismissed Ibinabo’s appeal and affirmed the decision of the Lagos High Court.

The former beauty queen, who had filed an appeal against the judgment before the Supreme Court, in a 6-paragrah affidavit of urgency deposed to by one Victor Eden, stated that her wound has not fully healed and as such she is afraid that her continued stay in the prison may endanger her life as she will not have access to special medical attention.

However her application for post trial bail could not be entertained by the Court Of Appeal on Thursday  due to what the appellate court described as incompetency of the application.

The three man-panels presided over by Justice UI Ndukwe-Anyanwu observed that the appellant failed to attach copies of the judgment delivered by the upper court, which affirmed the five years jail sentenced imposed on her by the lower court.

Others Justice on the panel are Justice Samuel Oseji and Justice Tijani Abubakar respectively.

When the matter came up for hearing, Ibinabo’s lawyer, Nnaemeka Amaechina informed that court of an application dated March 14 adding that same had been served on the Lagos state government (respondent).

However, the proceedings could not go on as the court observed that the appellant failed to attach copies of the judgement of the court as exhibit thereby rendering the whole application incompetent.

Justice Ndukwe-Anyanwu, who is presiding over the panel, said the options available to the court was to strike out the application or adjourn it till further date for hearing.

Taking the hints of the court, Amaechina sought for an adjournment to enable him perfect hus application.

A development that compelled the court to adjourned the matter till April 7 for hearing.

In her appeal before the Supreme Court, Ibinabo is urging the apex court to set aside the judgement of the lower court.

In her Notice of Appeal, the appellant stated that the Court of Appeal erred in law when it affirmed the alteration by the high court of Lagos state by setting aside the option of N100, 000 fine and substituting it with a term of 5 years imprisonment.

The appellant further stated that the Court of Appeal erred in law when it affirmed the interference by the high court with the exercise of discretion by the trial Magistrate's Court.

She added that the judgment of the Court of Appeal is unreasonable and cannot be supported having regard to the evidence presented before the court.

N50 Stamp Duty: Appeal Court Fixes April 7 To Hear 22 Banks' case Again Senator Kashamu's Firm

N50 Stamp Duty: Appeal Court Fixes April 7 To Hear 22 Banks' case Again Senator Kashamu's Firm

The Lagos Division of the Court of appeal yesterday fixed April 7 for the commencement of hear in a suit jointly filed by 22 commercial banks in Nigerian, challenging a judgement of a Federal High Court compelling them to remit to Nigerian Postal Services through KASMAL International Services limited a sum of N50 as stamp duty on every transaction from N1, 000 and above.

The  special panel constituted by the President of Court of Appeal, Justice Zainab Bulkachuwa and presided over by Justice Ibrahim Saulawa, which fixed the date yesterday, also ordered that hearing notices should be served on all parties in the matter.

The banks are contesting the legality of KASMAL International Services limited, a company owned by a Peoples Democratic Party (PDP) chieftain, Senator Buruji Kashamu, to collect stamp duty on behalf of the government. 

KASMAL International Services had in a 32-paragraph affidavit deposed to by Senator Kashamu, urged the lower court among others reliefs to ordered the banks to give effect to the Agency Agreement between it and the Nigerian Postal Services (23rd defendant) as well as the Cooperate Agreement between it and the School of Banking Honours (24th defendants) respectively.

The banks are, Access bank Pls, Citibank Nigeria Limited, Diamond Bank Plc, ECO bank Plc, Enterprise bank Plc, Fidelity, First bank Nigeria Plc, First Monument bank Plc, First Inland bank Plc, Heritage banking company limited, Mainstreet banking limited, Sye bank Plc, Stanbic IBTC bank limited, Standard Chartered bank Plc, Sterling bank Plc, Union bank Plc, United Bank of Nigeria Plc, Unity bank Plc, WEMA bank Plc, Unity bank Plc, Zenith bank Plc respectively.

Justice Aneke had in his judgement declared that upon a community reading and the construction of the provisions of the Stamp Duties Act 2004, NIPOST Act 2004 and the Federal Government of Nigeria Financial Regulations 2009, the 22 banks are obliged to deduct and remit to NIPOST (23 defendant) through the plaintiff a sum of N50 as stamp duty on all receipts by electronic transfer or teller deposit of monies from N1000 upward made into accounts operated in all their branches.

Apparently dissatisfied with the judgment, the bank in their separate notices of appeal urged the appellate court to allow the appeal and set aside the judgement of the lower court.

The appellants submitted  that the lower court erred in law when it held that KASMAL International Services limited’s suit was properly commenced by originating summons.

They argued through their respective lawyers that the lower court judge erred in law when he held that the respondent had the locus standi to institute the suit for the recovery of stamp duties.

They also faulted the decision of the lower court when it held that the banks transactions relating to electronic funds transfer on held of its customers and teller deposits of funds by its customers can be described as receipts within the provisions of Section 89 of the Stamp Duties Act.

According to them, the learned trial judge erred in law and misdirected himself when he granted the reliefs sought by the plaintiff and ordered the appellants (banks) are liable to deduct and remit the sum of N50 as Stamp Duties and electronic transfers on amounts equaling or in excess of N1, 000 in all the banks’ branches and also pay the penalty of N20 to the plaintiff.

They further argued that the law says is to attach adhesive stamps ad-valorem on assessed documents and not to remit any money whatsoever to the Nigerian Postal services Contrary to the verdict of the lower court, the appellants stated that only the President and the governor of a State have the power to make regulations concerning the Stamp Duty Act in carrying into effect the objects and purposes of the Stamp Duty Act.

The bank also insisted that the lower court misdirected itself in holding that the plaintiff/respondent who has no privy of contract with the banks has succeeded in establishing a cause of action for breach of contract notwithstanding the Plaintiff do not have locus standi to sue the appellants.

Lawyer Slumps, Dies In Court

Lawyer Slumps, Dies In Court 

Tragedy struck yesterday at the premises of the Lagos State Magistrate’s Court in Igbosere as a lawyer, simply identify as Chidi, who was at the court complex to represent one of his clients, slumped and died during the proceedings. 

The lawyer, who according to eyewitnesses, came to court late, was confirmed death at the Lagos Island General Hospital, where he was rushed to after the incident.

LEADERSHIP gathered that when Chidi got to the court with his client, his case had already been adjourned till April 14 by the court due to his lateness.

He was said to had apologised to the court for himself and on behalf of his client for coming late to court, stating that it was due to the heavy traffic on his way to court,

It was further gathered that it was while he was addressing the court that he started gasping for breath and coughing profusely.

He was said to have been rushed outside the courtroom to get fresh air, but when his condition failed to improved his tie was removed and he pleaded that sympathizers should help him get a cab to take him home.

While they were trying to get the cab, he couldn't move any longer so his client had to carry him on his back down stairs, immediately he got into the cab, he was said to have stopped breathing and the taxi driver, returned him to the court premises, saying he can not convey a death person to the hospital because police harassment. 

The late lawyer was in court to appear in a matter involving two defendants Okedairo Okedeji 38, Akolade Agbola 28, who were alleged to have stolen meat and Snail worth N28,000, belonging to Southern Sun Hotel in Ikoyi Lagos.

The defendants who were arraigned on February 29, 2016, were alleged to have committed the said offences on November 11, 2016.

They pleaded not guilty to the charge.

After their arraignment Magistrate Mrs F. M Dalley granted them bail in the sum of N5,000, with one surety each in like sum and adjourned the matter to Tuesday for trial. 

Sent from Samsung tablet

Medical students to spend 11 years in varsity − NUC

Medical students to spend 11 years in varsity − NUC

The National Universities Commission has declared that any student who wants to study medicine will henceforth spend a minimum of 10 years in the university.
The Executive Secretary of the Commission, Prof. Julius Okojie made the declaration in a lecture delivered at the maiden matriculation and inauguration of the University of Medical Science, Ondo, Ondo State.
In a lecture titled ‘Development of Medical Education : Prospects and Challenges ‘, Okojie, who was represented by the Deputy Executive Secretary of the commission, Prof. Chiedu Mafiana, said the development was imperative in order to enable the students mature psychologically for the profession.
He said the 2015 document for the training of medical students made provision for students to spend the first four years in studying basic sciences in university after which they would proceed to the medical school to spend another seven years.
Stressing the need for adequate funding of medical training and practice, the NUC Executive Secretary admonished the management of the institution to ensure that the money earmarked for the development of the institution was used for the purpose it was meant.
The Visitor of the school and Ondo a State governor, Dr. Olusegun Mimiko, in his speech said the university was expected to leverage on the benefits of the medical complex around the institution to advance efforts in medical research and training.
He expressed optimism that the institution would be a leading internationally-recognised platform for raising crops of professionally-competent individuals in the various disciplines of the health care industry.
“It is our hope and belief that it will provide sound scientific, technological and professional training to address identified health needs and problems, solve them within the context of community and national needs and sustainable development,” Mimiko said.
In his address, the Vice Chancellor of the university, Prof. Friday Okonofua, said the that the university would achieve the objectives for which it was established, appealing to all well-meaning Nigerians to render assistance to the varsity by contributing to the ‘Friends of UNIMED Funds’ initiatives which was targeted at raising N1billion for the school .
He lauded the initiative of the Ondo State government for the establishment of the university describing it as the most creative and innovative idea that has taken place in the development of tertiary education in the country

England soccer star Adam Johnson found guilty of child sex

England soccer star Adam Johnson found guilty of child sex

England football international Adam Johnson has been found guilty of one count of sexual activity with a 15-year-old girl.
He was cleared of a second charge relating to another alleged sexual act with the girl during a hearing Wednesday at Bradford Crown Court in the north of England.
The 28-year old had previously admitted to grooming a girl under the age of 16 and one charge of sexual activity.
Johnson, who faces jail, has been granted bail with sentencing to take place at a later date.
The charges related to an incident in Johnson's car on January 30, 2015, after he met up with the girl.
Police said Johnson initially said he was unaware of the girl's true age and claimed he only kissed her. He later admitted to the allegation of grooming a child under 16.
The girl told the court that Johnson put his hands down her pants and she performed an oral sex act on him. The charge related to the girl performing oral sex on him wasn't proved and Johnson was cleared of that.
Exploiter
"Adam Johnson was idolized by many young fans for his football career," said Gerry Wareham of the Crown Prosecution Service. "However, he chose to exploit that fame to actively pursue a 15-year-old girl for his own sexual gratification, in full knowledge of her age.
"Adam Johnson knew that what he was doing was wrong and went to great lengths to hide it," added Wareham.
"He encouraged his young victim to delete any traces of their online contact and, when she reported what had happened to police, he initially claimed to be unaware of her true age and told police that he had only ever kissed her.
"The victim in this case has endured months of abuse and personal attacks online. Had Adam Johnson wished to do so, he could have spared her further alarm and distress."
Johnson's lawyer did not immediately respond to CNN's request for comment.
England international
Johnson, who last played for England in August 2012, was arrested in March 2015 and was initially suspended by Sunderland before returning to the team a fortnight later.
Sunderland, which had initially declined to comment on the grounds the case was ongoing, then chose to sack the midfielder last month in light of his guilty plea. Following Wednesday's verdict, the club sought to clarify its stance, saying had it known all along that Johnson would plead guilty at any time it would have terminated his employment "immediately."
"This has been an extremely difficult time for all involved," Sunderland said in a
statement on its website . "The victim and her family have endured an unimaginable ordeal in the last 12 months and we trust that they will now be allowed to move on with their lives without further intrusion or public scrutiny."
Sportswear firm Adidas also confirmed to CNN last month that it had terminated its sponsorship deal with the player following his guilty plea.
Johnson began his career at Middlesbrough before moving to Manchester City and then to Sunderland.
While playing for City between 2010 and 2012, Johnson won the Premier League title and the FA Cup.

CNN REPORT

Truck operators disrupt port activities over NPA’s N10, 000 levy

Truck operators disrupt port activities over NPA’s N10, 000 levy

The Coalition of Port Dry Cargo Transport Operators on Thursday disrupted activities at the Lagos Port Complex over the proposed N10, 000 annual truck levy by the Nigerian Ports Authority (NPA).
The News Agency of Nigeria (NAN) reports that members of the union rejected the proposed levy, carried placards and barricaded some major roads leading to the premier port.
NAN reports that the placards had inscriptions like: “No to N10, 000 Per Truck Per Annum’’; “Yes to Safety Minimum Standard’’; “Enough of Levies, Fines and All Forms of Extortions’’, and “Dismantle Bottlenecks That Yield Corruption’’.
The Spokesman of the union, Mr Timothy Anosike, said the union totally rejected the N10, 000 levy, adding that members had paid a lot of levies which could not be accounted for.
“Our demonstration is to notify the stakeholders about our position on the proposed N10, 000 levy by the Nigerian Ports Authority.
“If NPA should go ahead with implementation of the levy, members will have no alternative than to boycott operations,’’ Anosike told NAN.
According to him, it is not in the interest of the industry for an organisation to take a unilateral decision on levy without consulting those who might be affected.
He said that as one of the major players in the industry, the union’s position should be respected.
Anosike urged NPA to maintain the status quo.
An NPA official, who preferred anonymity told NAN that the management was still studying the situation and might later come up with a position.

MILE 12 CLASH: AMBODE ORDERS TEMPORARY CLOSURE OF MARKET, RESTRICTS MOVEMENT ON FOUR STREETS

MILE 12 CLASH: AMBODE ORDERS TEMPORARY CLOSURE OF MARKET, RESTRICTS MOVEMENT ON FOUR STREETS

…Vows To Deal Decisively With Criminal Elements
…Says State Is Home To Every Tribe, Ethnic Group
…CP Confirms Arrest Of 50 Suspects

Lagos State Governor, Mr. Akinwunmi Ambode on Thursday ordered the temporary closure of the Mile 12 Market, following a dispute which erupted within the communities in Ketu-Mile 12 area of the state.

The Governor also announced the restriction of movement on four streets in the area including Oniyanri Street, Maidan Street, Agiliti 1 and Agiliti 2 streets.

Addressing Government House Correspondents at the Lagos House, Alausa, Governor Ambode said the decision to shut the market and restrict movement on the streets was to aid security agencies restore calm in the area.

“In order to further restore calm, I have ordered that Mile 12 Market be temporarily closed and urged traders, community leaders and other stakeholders to eschew violence; be calm and law abiding.

“Furthermore, I have also ordered a temporary restriction of movement in the following streets; Oniyanri Street, Maidan Street, Agiliti 1 and Agiliti 2,” he said.

The Governor said the police and security operatives have been deployed to the area to quell the dispute, assuring residents that peace will be restored in the area.

“Today, I have just been informed that some miscreants and criminal elements have exploited that dispute to cause a breakdown of law and order within the area. These types of clashes do occur from time to time in a multi-ethnic city like Lagos and the government has responded appropriately.

“The public is hereby assured that we will not shy away from our responsibilities to protect lives and property and we will deal decisively with those criminal elements who fan the embers of ethnic strive”.

The Governor said he had received reports from the Commissioner of Police and other security agencies who are on ground at the scene saying that the situation has been substantially put under control.

He also used the opportunity to reiterate that Lagos state will continue to be home to every Nigerian irrespective of their tribe or ethic affiliation, urging residents to continue to be law abiding.

“Let me assure Lagosians that the state is home to every tribe and ethnic group and nobody should give this disturbance any ethnic coloration whatsoever. Every law abiding citizens should go about their normal businesses,” Governor Ambode said.

Also speaking, the State Commissioner of Police, Fatai Owoseni said the police has brought the situation under control, adding that the police will move in right away to enforce the order by the government.

He said there was no iota of truth in the rumours making rounds that two persons were killed during the clash, saying that such report was far from the truth.

“The restriction is starting right away and it will be so until the situation normalizes completely. I was there personally I did not witness anybody killed. I was there all through before I came here. The situation is calm; people that were agitating have been cleared off the road. The roads are clear and as I am talking to you, substantial arrest has been made and I can assure the public that those involved in that violence will be brought to justice,” the CP said.

Owoseni dismissed reports that there was a fire outbreak in Mile 12 Market, adding that over 50 suspects have been arrested in connection to the dispute in the area.

“I’m telling you what I saw and what I witnessed. As at the time I left the scene to come to this place, there was no fire at Mile 12 Market. It was within Agiliti where some vehicles were being burnt by miscreants and as I told you, those miscreants have been cleared off the road,” Owoseni said.

Bribery Allegation: Court To Rule On Rickey Tarfa's Suit Against EFCC March 15

Bribery Allegation: Court To Rule On Rickey Tarfa's Suit Against EFCC March 15

Justice Mohammed Idris of a Federal High Court in Lagos yesterday fixed March 15 for judgment in a N2.5 billion fundamental right enforcement suit filed by a Senior Advocate of Nigeria, Rickey Tarfa, challenging his arrest and detention by the Economic and Financial Crimes Commission(EFCC).

Justice Idris fixed the date after counsel to the two parties, Chief Bolaji Ayorinde (SAN) for Tarfa and Wahab Shittu for the EFCC, argued and adopted their written submissions

The court had earlier fixed February 29 to deliver judgment on the matter but due to fresh evidence adduced by the silk in opposition to an allegation by the EFCC that he offered a bribe of N225,000 to Justice Mohammed Yunusa, the case was stalled to allow the court consider the application.

In the affidavit of urgency deposed to by Tarfa's head of chambers, Segun Odubela, the lawyer claimed that a former employee of the chambers, Mohammed Awwal Yunusa, an indigene of
Kogi state, is the owner of the Access bank account the anti-graft agency said belonged to Justice Yunusa, where the alleged N225,000 was paid in by Rickey Tarfa as a bribe.

Though the commission strongly opposed the admittance of the fresh evidence on the ground that it was an afterthought having earlier admitted on oath that he gave the money to Justice Yunusa as a gift, the court granted leave to Tarfa to file and plead the new evidence.

Ruling on the application on Wednesday, Justice Idris had held that in the interest of justice, a party should be allowed to bring any evidence or material that would aid his case.

The court then adjourned the case till yesterday to enable EFCC file its reply to Tarfa’s new affidavit.

The commission in its counter affidavit, while urging the court to dismiss the entire suit, claimed that investigation has revealed that there is a network of senior lawyers that engage in the fraudulent act of bribing judges.

The commission also alleged that in the cause of its investigation that another Lagos senior lawyer also transferred N750,000 to the embattled Justice Mohammed Yunusa.

At the resumed hearing of the case on Thursday, Tarfa’s lawyer, Ayorinde urged the court to strike out the EFCC’s counter affidavit to the further and better affidavit of Mohammed Awwal Yunusa
on the ground that issues raised in it are extraneous.

Ayorinde argued “This is a case about unreasonable arrest and detention of applicant and not for the respondents to throw in all manners of scandalous allegations. Their response have not really addressed the issues raised in the further and better affidavit,".

The lawyer then prayed the court to look only at the events of February 5, 2016, which led to the arrest and subsequent detention of the applicant and grant all his prayers in the suit.

In his response, the EFCC lawyer, Shittu, argued that it is wrong for the applicant to say that his arrest was unlawful when he is already facing a criminal charge on the issue.

Shittu also submitted that if the applicant was not arrested on February 5, 2016, it would have send a wrong message to the general public that he is above
the law.

“The issue is not that we are suspecting whether the applicant commited the offence but he actually committed an offence by obstructing EFCC officials from performing their legitimate duties.

The applicant hid his clients in his car for over five hours to shield them from arrest”, the lawyer claimed.

He urged the court to strike out the suit.

In the substantive suit, Rickey Tarfa is asking the court to compel the anti-graft agency and his Acting Chairman, Ibrahim Mustafa Magu to
pay him N2.5billion.

Joined as defendants are; the Commission’s Acting Chairman, Ibrahim Mustapha Magu, the EFCC operatives that arrested him, Moses Awolusi,
and the Deputy Director Operations, EFCC, Lagos office, Iliyasu Kwarbai.

Apart from the monetary compensation, Tarfa also asked the court to compel the defendants to release his two mobile handsets allegedly collected from him on Friday, February 5, 2016 at their Ikoyi office
in Lagos.

He stated that EFCC intended to destroy all information, data and other retrievable materials stored in the two handsets.

He also sought an order urging the court to direct the defendants to release his Mercedes Benz SUV with registration No. KJA 700CG unlawfully seized from him.

The Senior Advocate also asked the court to order EFCC, Magu and two other defendants to publicly apologize to him in at least two widely circulated national newspapers, social media and the Nigerian
Television Authority (NTA) as well as Channels Television within 24 hours from the day of the judgment of the suit.

Besides, he asked for an order of perpetual injunction restraining all the defendants and their agents from further violating his rights.

3 dead as Hausa, Yoruba clash in Mile 12

3 dead as Hausa, Yoruba clash in Mile 12

A massive riot broke out in Mile 12 area of Lagos, Southwest Nigeria on Thursday as Hausa and Yoruba communities in the area clashed.
Eyewitnesses say houses and about two churches have been set ablaze in the riot as men of the Rapid Respond Squad, RRS, have been drafted to the area to forestall peace.
People are said to be fleeing their homes as houses were being set ablaze by the rioters.
The police seem helpless, an eye witness told PM News as the rioters continued to take laws in their hands despite the presence of policemen in the area.
A resident of the area said he fled the area to Berger as the crisis deepens.
The resident, who craved anonymity said crisis started when an Hausa Okada rider drove against traffic and hit another Yoruba Okada rider.
In the hot exchange that followed, it was gathered that the Hausa Okada rider brought out a dagger and stabbed the Yoruba man.
The Hausas were said to have mobilised and attacked the Yoruba community leading to the crisis.
Soldiers were said to have been drafted in the area to prevent the crisis from escalating.
There was traffic gridlock in the area as many people were stranded.
Unconfirmed report had it that three people were feared dead in the mayhem.

Sharia court remands lovers for having sex in public

The Upper Sharia court in Katsina has remanded two lovers namely Aminu Iliyasu 25 years and Safiya Umar in prison for allegedly having sexual intercourse in public.

 The accused who pleaded guilty to the charge when mentioned in the court however begged for leniency.

 

 The prosecuting police inspector Mohammed Usman told the court that the  said accused were caught at about 1600 hours at the frontage of Dan Ruma's shop near Gabby Hotel having sexual intercourse publicly thereby constituting nuisance to the members of the public.

 

 He said the suspects had already confessed to having committed the offence which is contrary to section 120, 187 and 347 of the Sharia penal code.

 

 The Sharia judge , Ibrahim Korau then remanded the suspects and adjourned the case to 21st of this month for continuation of hearing.

Trump orders Secret Service to remove black students from rally

Trump orders Secret Service to remove black students from rally

Donald Trump, Republican presidential candidate
Republican presidential candidate, Donald Trump ordered Secret Service agents to remove a number of black students from his Georgia rally on Monday evening, according to The Des Moines Register.
According to THE HILL, before Trump spoke in Valdosta, Ga., about 30 black students who were quietly standing on the top of the bleachers were told to leave the GOP front-runner’s event.
Those students complied and were escorted by the Secret Service outside, where they were told they needed to vacate the area of the rally.
“We didn’t plan to do anything,” said Tahjila Davis, a 19-year-old Valdosta State University student who was removed. “They said, ‘This is Trump’s property; it’s a private event.’ But I paid my tuition to be here.”
Earlier Monday, black students at a Trump rally in Virginia were removed by Secret Service after chanting, “No more hate! No more hate! Let’s be equal, let’s be great!”
The removal of the students comes as Trump faces a firestorm for not disavowing former Ku Klux Klan leader David Duke’s support during a Sunday interview on CNN.
Trump blamed a faulty earpiece for misunderstanding the question and said he’s previously repudiated the support.
At another Trump campaign event Monday, a photographer was slammed into a table by a security officer.

CCT picks new date for Saraki’s asset declaration case

CCT picks new date for Saraki’s asset declaration case

The Code of Conduct Tribunal (CCT) on Tuesday fixed March 11 for resumption of the false asset declaration case involving the Senate President, Bukola Saraki.
The tribunal had last month fixed March 10 for resumption of proceedings shortly after the Supreme Court dismissed Saraki’s appeal, challenging his trial at the CCT.
The Nation gathered that the new date was at the instance of Saraki, whose new lawyer, Kanu Agabi (SAN) wrote the court and requested for a shift from the earlier date.
CCT spokesman, Ibrahim Al-hassan, confirmed the new date.
Agabi’s letter reads: ‘‘I write as lead counsel to the above defendant (Saraki) to apply that the matter, which is now scheduled to come up on the 10th day of March 2016, subject to the convenience of the honourable tribunal and learned counsel for the prosecution, be taken on the 11th day of March, 2016, due to my earlier and urgent commitments in other courts on the 10th.
‘‘I will sincerely appreciate the indulgence of the tribunal to accommodate me in this way.”

Three die in Lagos bus explosion

Three die in Lagos bus explosion

The scene of the incident on Tuesday. Photo: Precious Igbonwelundu
Tragedy struck at Isolo, Lagos mainland, on Tuesday morning after a bus loaded with several 50 litre kegs of Premium Motor Spirit (PMS) exploded, killing three people.
The incident, which occurred at Musiratu Lasisi Street at about 4:30am, was reportedly caused by a brake failure.
According to eyewitnesses, the bus was coming from Ikorodu, but had a brake failure along James Oni Street, which made it to nosedive into nearby Musiratu Lasisi Street.
The four- passenger bus, according to eyewitnesses, rammed into a truck parked in front of a bakery and exploded on impact.
A motorcyclist, Femi Ajibola, who said a deafening explosion woke him from sleep at about 5:00am, told The Nation that only the driver of the bus survived the incident.
The motorcyclist said he heard the driver screaming “Alhaja is in the bus” and crying for help.
He said: “I was sleeping at the top of the building because of heat and suddenly I heard a very loud noise like bomb. So, I looked down and saw fire.
“I woke up my other colleagues and told them that something was wrong and that there was fire. I now went down and removed my motorcycle and that was when I saw one man sitting by the pavement of Kembroz School.
“He was screaming for help, but no one could near him because the fire was much. He came out from the passenger seat and eventually died.
“But the driver also came out of the bus from the other side. He was rescued by people in the Cele church (Celestial Church of Christ) and was taken to Isolo General Hospital.
“The bus had several 50 litre jerry cans and all of them contained petrol. It looks like they are vandals or they went to buy vandalized fuel because there were very few seats in the bus.”
Another eyewitness, Deji Ogunleye, told The Nation that while two corpses were retrieved, the third one was completely dismembered.
He said officials of the Red Cross who got to the scene before other agencies could not do much until the arrival of personnel from the state fire service.
“At first they tried to use fire extinguisher to put out the fire on the body of one of the victims, but they could not achieve much.
“It was one of my church members, Kayode, who rescued the driver of the bus and took him to Isolo General Hospital. But the driver was later moved to Gbagada General Hospital by rescue workers.”

End of Fuel Scarcity in Sight as NNPC and Major Marketers Collaborate

              

 

As fuel shortage persist across the country, the Nigerian National Petroleum Corporation (NNPC) says it has stepped up collaboration with the Major Oil Marketers Association of Nigeria (MOMAN) and other downstream industry players to end the resurgence of fuel queues.

This is as the Petroleum Tankers Drivers (PTD), Branch of National Union of Petroleum and Natural Gas Workers (NUPENG) has accused the NNPC of being behind the current fuel scarcity.

The NNPC, in a statement yesterday by its spokesman, Ohi Alegbe, stated that it has secured the commitment of the leadership of MOMAN for effective collaboration in this regard and assured that the queues will disappear in the days ahead as supplies are ramped up across the country.

To achieve this, truck-out to filling stations in the Lagos area has been increased from the regular 245 to 295 trucks per day, about 9.7 million litres, while truck-out to fuel stations in Abuja from Suleja depot has been stepped up to 210 trucks per day, about 6.9 million litres, from the regular supply of 160 trucks per day.

The NNPC explained that similar increment in supply volume has been activated in the Port Harcourt, Calabar, Kano and Kaduna areas to ensure seamless availability of petroleum products across every nook and cranny of the country.

“Within the last 48 hours we have received six cargoes of petrol, about 270 million litres, and beginning from March 1st, 2016, we shall begin to receive one cargo of petrol every day, about 45 million litres,’’ the statement informed.

It added that the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, has directed the full activation of an Intra-Ministerial Joint Monitoring Task Force to enforce compliance to laid down rules and regulations governing the supply and distribution of petroleum products.

Meanwhile, the National Chairman, PTD, Salimon Akanni Oladiti, while addressing journalists in Ibadan yesterday, said oil marketers were not hoarding fuel, but noted that the petrol being imported by the NNPC into the country was not sufficient, hence the queues.

He said, “We are not conniving with anybody to make Nigerians suffer for fuel, for sometime now, we have not been able to load at NNPC depot in Apata and Ibadan and there is no hope of loading in some other NNPC depot in the Southwest.

“Government is responsible for this problem, because if they bring enough petrol into the country, we as distributors, are ready to sell it out. It’s so sad that we are one of the largest producers of oil but we are still suffering,” he said

He pointed out that 75 per cent of the fuel consumed in the country now is imported by NNPC while the remaining 25 per cent is imported by major marketers, and disclosed that “corruption is still in the oil industry. There is corruption, bribery at all the oil depot before you can load your truck”.

Oladiti noted that government needs to find lasting solution to incessant fuel scarcity in the country without further delay, stressing that the common man in the country was suffering.

He also urged the government to embark on aggressive rehabilitation of roads and railway networks, nothing that many accidents are caused by bad roads, especially for tankers.

On the challenges facing his members, the PTD chairman said, “If not because we believe in this government, we just want to wait and see what they can do. Tanker drivers across the country are suffering. Look at Ilorin-Oloru-Jebba Road, a distance of less than 60kms; it takes a tanker five to seven days to cross from Ilorin to Jebba, it is a pity.”

Obasanjo, Yar'Adua, Jonathan govts must account for all recovered loot---Court

Obasanjo, Yar'Adua, Jonathan govts must account for all recovered loot---Court

The Federal High Court sitting in Lagos in a landmark judgment has held that successive governments since the return of democracy in 1999 “breached the fundamental principles of transparency and accountability for failing to disclose details about the spending of recovered stolen public funds, including on a dedicated website.”

 

The court then ordered the government of President Muhammadu Buhari to “ensure that his government, and the governments of former President Olusegun Obasanjo, former President Umaru Musa Yar'Adua, and former President Goodluck Jonathan account fully for all recovered loot.”

 

The judgment was delivered on Friday by Hon Justice M.B. Idris following a Freedom of Information suit no: FHC/IKJ/CS/248/2011 brought by Socio-Economic Rights and Accountability Project (SERAP).

 

The details ordered by the court to be disclosed include: information on the total amount of recovered stolen public assets by each government; the amount of recovered stolen public assets spent by each government as well as the objects of such spending and the projects on which such funds were spent.

 

Justice Idris dismissed all the objections raised by the Federal Government and upheld SERAP’s arguments. Consequently, the court entered judgment in favour of SERAP against the Federal Government as follows:

 

1.    A DECLARATION is hereby made that the failure and/or refusal of the Respondents to individually and/or collectively disclose detailed information about the spending of recovered stolen public funds since the return of civil rule in 1999, and to publish widely such information, including on a dedicated website, amounts to a breach of the fundamental principles of transparency and accountability and violates Articles 9, 21 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act

 

2.    A DECLARATION is hereby made that by virtue of the provisions of Section 4 (a) of the Freedom of Information Act 2011, the 1^st Defendant/Respondent is under a binding legal obligation to provide the Plaintiff/Applicant with up to date information on the spending of recovered stolen funds, including:

(a)  Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria

(b)  The amount that has been spent from the recovered stolen public assets and the objects of such spending

(c)  Details of projects on which recovered stolen public assets were spent

3.    AN ORDER OF MANDAMUS is made directing and or compelling the Defendants/Respondents to provide the Plaintiff/Applicant with up to date information on recovered stolen funds since the return of civilian rule in 1999, including:

(a)  Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria

(b)  The amount that has been spent from the recovered stolen public assets and the objects of such spending

(c)  Details of projects on which recovered stolen public assets were spent

SERAP deputy executive director Olukayode Majekodunmi said: “This judgment confirms the persistent failure of successive governments starting from the Obasanjo government, to respect Nigerians’ right to a corruption-free society and to uphold constitutional and international commitments on transparency and accountability. The judgment is an important step towards reversing a culture of secrecy and corruption that has meant that high-ranking government officials continue to look after themselves at the expense of the well-being of majority of Nigerians, and development of the country.”

 

“This is a crucial precedent that vindicates the right to a transparent and accountable government and affirms the human right of the Nigerian people to live a life free from want and fear. We are in the process of obtaining a certified copy of the around 60 pages judgment. SERAP will do everything within its power to secure the full and effective enforcement of this judgment.”

 

Earlier, the Federal Government through their Counsel, Sheba Olugbenga filed a Notice of Preliminary Objection dated 26th day of March, 2012 on the following grounds: that SERAP lacked the locus standi to institute the action; that the action was statute barred; and that SERAP’s affidavit evidence offends the provisions of the Evidence Act. On May 8th 2012 the Federal Government filed additional written address in support of their Preliminary Objection, arguing most extensively on the retroactive nature of SERAP’s request; that is, the Freedom of Information Act, having been enacted in 2011, does not apply to spending by governments since 1999.

 

In response, SERAP argued that the FOI Act is a special specie of legislation to liberalize and expand access to information for all Nigerians; that the FOI Act does not impose any requirement of locus standi on applicants; that the only relevant limitation period in the case is that which requires filing of suit within 30 days if information is not given; that the right which the FOI Act seeks to protect is the right of the public to have access to information which is in custody of a public official or institution; and that the information sought by SERAP is not caught by the law against retroactivity, noting that the right in question is expropriatory in nature which justifies the granting of access to the requested information on the ground of overriding public interest.

SERAP also argued in its pleadings that “By virtue of Section 1 (1) of the FOI Act 2011, it is entitled as of right to request for or gain access to information which is in the custody or possession of any public official, agency or institution. By the provisions of Section 2(7) and 31 of the FOI Act 2011, the Accountant General of the Federation is a public official. By virtue of Section 4 (a) of the FOI Act when a person makes a request for information from a public official, institution or agency, the public official, institution or agency to whom the application is directed is under a binding legal obligation to provide the applicant with the information requested for, except as otherwise provided by the Act, within 7 days after the application is received.”

The organization also argued that, “The information requested relates to the spending on recovered stolen funds since the return of civilian rule in 1999. By Sections 2(3)(d)(V) & (4) of the FOI Act, a public official is under a binding legal duty to ensure that documents containing information relating to the receipt or expenditure of recovered stolen funds are widely disseminated and made readily available to members of the public through various means.”

According to the organization, “The information requested does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act. The government has no reason whatsoever to deny SERAP access to the information sought. The requested information, apart from not being exempted from disclosure under the FOI Act, bothers on an issue of national interest, public concern, social justice, good governance, transparency and accountability.”

“The power or discretion to refuse to give access to information requested for cannot be exercised in vacuo. Such a power or discretion must be provided for by the FOI Act itself. This means, therefore, that a request for information can only be denied or turned down if the information requested is one which is exempted from disclosure under the provisions of the FOI Act. In the case at hand, the information requested for by the plaintiff relates strictly to the spending of recovered stolen funds since the return of civilian rule in 1999.”  

“Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the constitution is a desideratum to good governance and respect for the rule of law. In a democratic society, this is meant to be a norm; it is an apostasy for government to ignore the provisions of the law and the necessary rules made to regulate matters.”