Constitutional Amendment: National Assembly To Restructure Judiciary

Constitutional Amendment: National Assembly To Restructure Judiciary

The National Assembly has proposed a slight adjustment in the ranks of the National Judicial Council (NJC), Leadership Friday can authoritatively report.

In the ongoing constitution amendment by the federal legislature, the 1999 constitution has been altered to reflect that the president of the Court of Appeal will now be the deputy to the Chief Justice of Nigeria (CJN) who is the the chairman of the NJC, instead of the next most senior justice of the Supreme Court after the CJN.

This is contained in a proposed amendment titled, ‘A Bill For An Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to further strengthen the judiciary for speedy dispensation of justice; and for related matters’ the hierarchy of the NJC which comprises of the Chief Justice of Nigeria (CJN) and the Chairman, with the next most senior Supreme Court Justice as the deputy”.

The amendment also brings the Code of Conduct Tribunal (CCT) under the direct supervision of the NJC, as against the the current practice in which the CCT is under the executive arm of government, through the Federal Judicial Service Commission (FJSC).

Also, the provision for five retired Justices selected by the Chief Justice of Nigeria from the Supreme Court or Court of Appeal as members of the NJC is being altered to reflect that three retired Justices of the Supreme Court to serve for a period of three years only, and two retired Justices of the Court of Appeal, to serve for a period of three years only.

According to a document exclusively obtained by our correspondent, the President of the National Industrial Court who is currently not included in the composition of the NJC has also been included, while the minimum qualification for a practicing lawyer to be appointed into council has been reduced from 15 years to ten years.

The amendment specifically guarantees the president of the Nigerian Bar Association as automatic member of the NJC, and four senior members of the Nigeria Bar Association who has been qualified to practice for a period of not less than ten years, and nominated by the national executive committee of the Nigerian Bar Association to serve as members of the NJC for a period of two years only.

This amendment seeks to alter the current provision which allows five members of the Nigerian Bar Association who have been qualified to practice for a period of not less than fifteen years, at least one of whom shall be a Senior Advocate of Nigeria, appointed by the Chief Justice of Nigeria on the recommendation of the national executive committee of the Nigerian Bar Association to serve for two years and subject to re-appointment.

Meanwhile, a proposed amendment to section 21 of the constitution is seeking to bring the CCT under the direct supervision of the NJC.

The new amendment adds to the existing functions of the council the power to recommend to the President from among the list of persons submitted to it by the Federal Judicial Service Commission, persons for appointment the National Industrial Court and Code of Conduct Tribunal.

Section 21 (a) of the constitution provides that the NJC shall have the power to “recommend to the President from among the list of persons submitted to it by (i) the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the president and justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court, and (ii) the Judicial Service Committee of the Federal Capital Territory, Abuja, persons for appointment to the offices of the Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja”.

But in the new amendment, the NJC shall be empowered to “recommend to the President from among the list of persons submitted to it by the Federal Judicial Service Commission, persons for appointment to the offices of Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief judge and Judges of the Federal High Court, the President and Judges of the National Industrial Court, the Chief judge and Judges of the High Court of the Federal Capital Territory, Abuja, Chairman and Members of the Code of Conduct Tribunal, the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja”.

Reps Move To Grant Full Amnesty To Treasury Looters

Reps Move To Grant Full Amnesty To Treasury Looters

Looters of Nigerian treasury may get “full and complete amnesty” based on a proposed law currently being considered by the House of Representatives.
The proposed law seeks to give the looters leeway to escape any form of probe, inquiry or prosecution after fulfilling certain conditions.
Besides, such looters shall not be compelled by any authority to disclose the source of their looted funds. The scheme is to last for three years, but it could be extended at the instance of the Federal Government, the bill provides.
The proposed law is titled: ‘A Bill for an Act to establish a scheme to harness untaxed money for investment purposes and to assure any declarant regarding inquiries and proceedings under Nigerian laws and for other matters connected therewith.’
The bill was introduced and read for the first time on June 14 on the floor of the House. It now awaits second reading where it would be debated.
Sponsor of the bill, Linus Okorie (PDP, Ebonyi), said the bill “seeks to allow all Nigerians and residents, who have any money or assets outside the system or have acquired such money or assets illegally (looted or any variant of the cliche) to come forward, within a set time frame, to declare same, pay tax/surcharge and compulsorily invest the funds in any sector of the Nigerian economy; and be granted full amnesty from inquiry or prosecution.”
The draft law covers all assets whether held in Nigeria or outside the country.
The bill, dubbed ‘Economic Amnesty,’ provides in Section 4 a 30 percent tax and additional surcharge of 25 percent of such tax. While the proposed tax would be remitted to the federation account for distribution to all tiers of government, the surcharge is to be remitted directly to specific agencies towards agricultural and infrastructural development of the nation, the lawmaker had said.
The agencies are the National Agricultural Research Development Fund and the Nigerian Infrastructure Fund.
The Central Bank of Nigeria (CBN) is to manage the scheme, while the declaration would be made to the chairman of the Federal Inland Revenue Service (FIRS).
The proposed law also exempts all declarations made from further assessment/taxation by any tax authority within Nigeria, outside the tax and surcharge provided therein.
In the bill, the Federal Government has powers to make consequential “orders not inconsistent with the Scheme to remove any difficulties” that may arise in the course of implementation.
It provides in Section 3 (1) that “…any person may make, on or after the date of commencement of this Scheme but before a date to be notified by the Central Bank of Nigeria in an Official Gazette, a declaration in respect of any income chargeable under the income-tax law for any assessment prior to the enactment of this Act.”
Section 3 (2) states that: “Where the income chargeable to tax is declared in the form of investment in any asset, the fair market value of such asset as on the date of commencement of this Scheme shall be deemed to be the undisclosed income for the purposes of sub-section (1).”
In Section 5, the bill proposes that “the amount declared from the undisclosed income shall (after payment of the tax, surcharge in respect of the declaration) be invested in Nigeria by the declarant in any sector of the Nigerian economy.”
“Being an interventionist Scheme, the bill proposes a time-frame of three years for the commencement of its implementation unless extended by the Executive, through CBN.
“In return, the bill proposes a total and comprehensive amnesty for all declarants from all otherwise repercussions under Nigerian laws and further provides that all such declarations shall be inadmissible in evidence against the declarant except in ‘matters of national security,” the lawmaker said.
Matters of national security are those facts and issues to be determined by a court of competent jurisdiction before effect is given to the exception, the bill says.
“Outside the exception on grounds of national security, no declarant shall be required to state the source or sources of the assets or income declared,” the lawmaker said.
He said the bill was “proposed as a practical, though temporary, solution to a national cankerworm – corruption – which has afflicted all generations of our society, since independence and force us continuously down the development pyramid.
“It provides a window to the quagmire facing all repentant (past and present) actors, who may have assets and resources within and outside Nigeria and find it difficult to acquit themselves under extant anti-corruption and related criminal laws of the land,” he said.
Additionally, the lawmaker said the scheme would be a workable solution to reverse capital flight that has bedevilled the Nigerian economy and initiate a reverse flow through resultant repatriation.
“It is estimated that with the quantum of resources envisaged to be declared and invested in the Nigerian economy, micro and macro-economic stability would result and in turn engender massive economic growth and prosperity with a short time,” he said.
“It would further enable national institutions and operatives to gain valuable insight and intelligence in assets tracing and tracking through professional analyses of generated information,” he said.
“The full and successful implementation of the proposed scheme will result in the purging of the rather accommodative mindset of most Nigerians of corruption and engender a new desired national attitude against crass acquisition of wealth to the detriment of the common good,” the lawmaker added.
Meanwhile, the Executive Director of Civil Society Legislative Advocacy Centre (CISLAC), Awwal Musa Rafsanjani said the proposed law is an attempt by the Nigerian elite to legitimize the looting of public treasury.
While describing the draft law as ‘self-serving and anti-people,’ Rafsanjani called on Nigerians to rise against such laws.
“This bill that is proposed in the House clearly shows the desperation by people that looted the country to hide. It is an attempt to legitimize stolen funds. This is a calculated attempt to further deepen and institutionalize corruption in Nigeria, whereby you can steal as much as you want then come and declare whatever you deem fit.
“One can steal N10 billion and declare just N100 million. The proposed law is anti-people, unacceptable and not in the spirit of the fight against corruption. It won’t scare those that looted the public treasury. It is another means of giving them confidence.
“We reject this idea in totality because it won’t help in the fight against corruption. We call on the National Assembly to desist from considering it. In the event that they pass it, we call on the president not to sign it and we call on Nigerians to rise against it,” he said.
Asked about the provision that compels looters to invest the looted funds in the Nigerian economy, Rafsanjani said: “It’s not workable to force them to invest the looted money back in Nigeria.
“The only thing is to force them to refund the entire money. So, for us this isn’t an appropriate thing. When people know that they’ll refund the entire money, it would discourage them and others.
“What they’re trying to do is to give legitimacy to what is clearly illegitimate. Looting is a crime against Nigeria and Nigerians because it denies provision of infrastructure such as roads, water and other things. As far as we’re concerned, this is wicked.
“There are enabling laws in existence, so they should strengthen them instead of giving legitimacy to looting. They should create an atmosphere that looters will find everywhere un-conducive to steal and hide money,” he said. – Daily Trust.

South Africa Bans Sale Of Live Hens

South Africa Bans Sale Of Live Hens

South Africa has banned the sale of live hens throughout the country in a bid to control an outbreak of highly contagious H5N8 bird flu, the government said on Monday.
The country’s department of agriculture said in a statement that no humans had been affected.
“Exports of processed poultry products, live chickens and fresh produce will continue depending on the requirements of importing countries.
“To date, no human cases of infection with avian influenza H5N8 have been reported.
“However, people handling wild birds, sick or dying poultry must wear protective clothing and wash their hands with disinfectants,” the department said.
The government said meat from healthy poultry was safe to eat due to strict inspections at abattoirs,
though people were urged to avoid eating any birds found dead, dying or sick.
South Africa reported an outbreak this month of H5N8 bird flu on a commercial broiler breeder farm in Mpumalanga province, where about 5,000 birds died and the rest were culled.
The H5N8 strain has been detected in several countries in Europe, Africa and Asia over the past two years, its spread aided by wild bird migrations.
Highly pathogenic among fowl, the risk of human infection is low.
South Africa suspended all trade in birds and chicken products from neighboring Zimbabwe earlier this month after it reported an outbreak of the H5N8 bird flu at a poultry farm.

Constitutional Amendment: NASS sets new conditions for state creation

Constitutional Amendment: NASS sets new conditions for state creation

The National Assembly is working on an amendment to the provisions of the 1999 constitution (as amended) to alter the conditions and procedures to be followed in creating additional states to the existing 36 states.
This alteration provides that only democratically elected local government councils participate in the process of state creation and boundary adjustment.
Accordingly, where a referendum is to be conducted, only elected local government officials can participate.
The Bill also provides that where the President withholds his assent to a bill seeking to amend the constitution, and the bill is again voted upon by each House of the National Assembly by two-thirds majority, the bill shall become law.
According to a document exclusively obtained by LEADERSHIP, the bill, titled “A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to ensure that only democratically elected local government councils participate in state creation and boundary adjustment; and for related matters,” Seeks to clarify the process of creation of new States and removing ambiguities by providing that two-thirds of States of the Federation can approve a referendum for the creation of a new State with two-thirds of each House of the national Assembly confirming this.
This Bill also allows only democratically elected local government councils to participate in the process of State creation and boundary adjustment.
The Bill seeks to amend Section 8 (1) (a) in sub-paragraph(a) (iii), by inserting, before the word, “Local”, in line 1, the words, “democratically elected” and (b) by substituting for paragraphs (b) – (d), new paragraphs ‘’(b)’’- “(d)” .
“(b) a proposal for the creation of the State is thereafter approved in a referendum by at least two-thirds majority of the registered voters of the Local Government Councils in the Area voting at the referendum where the demand for creation of the State originated.”
“(c) the result of the referendum is then approved by a simple majority of members of a State House of Assembly of not less than two-thirds majority of all the states of the Federation; and (d) the approved proposal is passed by a resolution of not less than two-thirds majority of members of each House of the National Assembly.”
Section 8 (1) of the Constitution stipulates that ; “An Act of the National Assembly for the purpose of creating a new State shall only be passed if (a) a request, supported by at least two-thirds majority of members (representing the area demanding the creation of the new State) in each of the following, namely (i) the Senate and the House of Representatives, (ii) the House of Assembly in respect of the area, and (iii) the local government councils in respect of the area, is received by the National Assembly;”
“ (b) a proposal for the creation of the State is thereafter approved in a referendum by at least two-thirds majority of the people of the area where the demand for creation of the State originated.”

High Temperature Hits UK, Melts Roads 

High Temperature Hits UK, Melts Roads

The UK has started feeling the effects of heat following a surge in temperature reaching 104F (40C), causing discomfort to people and melting roads.

Gritters were deployed to shore up failing roads as temperatures hits the peak, destroying them.

Cambridgeshire County Council took the decision to deploy the vehicles after motorists complained that their tyres had started ‘ripping the tarmac off the roads.’

Drivers have been warned by police to take care on the B1165 near Newton in Cambridgeshire, where the tarmac has melted, and Agnes Owen, who works at a service station nearby, said that it “sounded like cars were driving on water”.

Evan Laughlin, from Cambridgeshire County Council, said gritters had been used to distribute granite dust to stabilise the road surface and stop bitumen becoming stuck on wheels.

“Normally the roads stand the summer temperatures we get, but just this week it’s very hot,” she said.

Motorists in Tarleton, Lancashire also discovered tar on their wheels as the roads melted, while some commuters in Croydon refused to use trams after noticing the track appeared to be disintegrating.

Transport for London said they had thrown sand down to help protect the rails. 

Rory O’Neill, TfL’s Director for London Trams, said: “The flexible sealant near the track has been softened by the current hot weather and although it is having no impact on the safe running of the tram network, we appreciate it may look concerning to customers. “Our engineers are on site and, as is standard procedure, they are applying sand to mitigate the effect of the heat.”

Elsewhere, pupils were sent home from a school in East Yorkshire after refusing to wear blazers as temperatures soared past 86F (30C). Kingswood Academy in Hull said the children were defiant over their uniforms, but parents complained that teachers had put their health at risk.

Allergy charities also warned that the hot weather could trigger fatal attacks and said sufferers should stay away from rural areas and avoid leaving windows open at night and early in the morning when pollen counts were at their highest.

Court dismisses Falana’s suit against National Assembly

Court dismisses Falana’s suit against National Assembly

A Federal High Court in Abuja has dismissed a suit brought before it by a Human Rights Lawyer, Femi Falana (SAN) challenging the National Assembly’s “unconstitutional jumbo salaries and allowances paid to its members.”
The Senate, House of Representatives, Revenue Mobilisation Allocation and Fiscal Commission, Attorney General of the Federation (AGF) and the Accountant General of the Federation are the defendants in the suit.
The Chief Judge of the Federal High Court, Ibrahim Auta, in his judgment on Tuesday held that Falana lacks the ‘locus standi’ to institute the action.
The Judge said the suit did not disclose any reasonable cause of action and added that the action was “speculative, hypothetical, academic and moot” because the plaintiff did not establish how the action of the National Assembly had affected him personally.
Justice Auta held that the third defendant (Revenue Mobilisation Allocation and fiscal Commission) is the ideal institution to institute such action, pointing out that, “Locus is a constitutional issue; the trite law does not bestow the right to institute this suit by the plaintiff.
“This is not an issue around fundamental rights violation; the fact that he is a legal practitioner does not confer him the locus,” the judge said and added that the plaintiff must prove how he has been affected by the allowances of the Nigerian legislators.
“He must show by way of affidavit evidence, how the increase in the salaries and allowances of the Senators and House of Representatives members has negatively affected him.
“The interest of the plaintiff must be tangible, real in law and not a caricature that stems from personal aggrandisement; the suit is therefore dismissed for lacking in merit,” Justice Auta held.
Counsel the Senate and the House of Representatives, Kenneth Ikonne (SAN) had prayed the court to dismiss the suit on the grounds of incompetence and abuse of court process.
He argued that Falana had no locus standi to institute the suit, adding that the court was bereft of jurisdiction to entertain the case and urged the court to hold that the plaintiff is nothing but a “meddlesome interloper.”
Falana had in 2011 approached the court claiming that the National Assembly lacks the powers to increase salaries and allowances of its members.
He asked the court to declare unconstitutional, the allowances provided for the members in the Appropriation Act, 2010.
The plaintiff further asked the court to order the lawmakers to refund to the treasury all unauthorised salaries and allowances received by them since May 29, 2007.
He asked the Court to determine whether the Senators and members of the House are entitled to receive salaries and allowances not determined by the Revenue Mobilsation and Fiscal Allocation Commission pursuant to Section 70 of the Constitution.
Falana further prayed the Court to determine whether the Senate and the House are competent to determine the salaries and allowances of the members of the National Assembly.

Travel Ban: US Court Clears Way For Internal Vetting

Travel Ban: US Court Clears Way For Internal Vetting

The U.S. Ninth Circuit Court has formally cleared the way for President Donald Trump’s executive order on travel restrictions to move forward, but with a proviso that there will have to be internal reviews and vetting procedures of other countries for visa applications.
Transportation Secretary John Kelly has termed it as a “big win”, the CNN reported.
Legal experts, however, cautioned that this “win” for the administration may have an unintended practical effect.
This part of the ruling “was not narrowly tailored to addressing only the harms alleged,” the 9th Circuit panel explained. “
Last week, a three-judge panel on the Ninth Circuit Court of Appeals affirmed a lower court’s decision to halt the core provisions of President Donald Trump’s revised executive order that attempted to limit travel from six predominately Muslim countries and block refugees.
The Justice Department has requested the Ninth Circuit Court of Appeals for a speedy mandate to make its decision from June 12 take effect immediately — a request the court granted Monday, thereby specifically allowing the vetting portions of the executive order to proceed now.
Trump on March 6th signed an executive order ordering new travel restrictions for residents of six Muslim-majority countries as well as a temporary ban on refugees from around the world. This directive comes after Trump’s original executive order was rebuked in the federal courts.
The new ban, which was earlier to be implemented from March 16, halts travel for 90 days for residents of Iran, Libya, Somalia, Sudan, Syria and Yemen. The refugee suspension will last for 120 days.

British PM loses majority, faces pressure to resign

British PM loses majority, faces pressure to resign

British Prime Minister Theresa May faced pressure to resign on Friday after losing her parliamentary majority, plunging the country into uncertainty as Brexit talks loom.

The pound fell sharply amid fears the Conservative leader will be unable to form a government and could even be forced out of office after a troubled campaign overshadowed by two terror attacks.

After being re-elected with an increased majority in the London commuter seat of Maidenhead, May said Britain “needs a period of stability” as it prepares for the complicated process of withdrawing from the European Union.

She said that while the full results had yet to emerge, her party seemed to have won the most seats and “it would be incumbent on us to ensure we have that period of stability”.

But Leftist opposition leader Jeremy Corbyn, whose Labour party surged from 20 points behind, urged May to quit, saying she had “lost votes, lost support and lost confidence”.

Former Conservative minister Anna Soubry, who just held onto her seat, said May was “in a very difficult place” following a “dreadful campaign”.

With a handful of seats still to be declared, the Conservatives were predicted to win 319 seats, down from 331 in 2015 — yet another upset in a turbulent year since the EU referendum in June 2016.

They were mathematically unable to reach the 326 mark that would give them a majority, meaning they will have to form an informal or formal alliance to forward their agenda.

Labour are expected to increase their share from 229 to 260 seats, resulting in a hung parliament.

May, a 60-year-old vicar’s daughter, is now facing questions over her judgement in calling the election three years early and risking her party’s slim but stable majority of 17.

“It is exactly the opposite of why she held the election and she then has to go and negotiate Brexit in that weakened position,” said Professor Tony Travers of the London School of Economics.

Sterling fell nearly two percent against the dollar on the back of the exit poll, as investors questioned who was now going to control the Brexit process.

Early newspaper editions reflected the drama, with headlines such as “Britain on a knife edge”, “Mayhem” and “Hanging by a thread”.

In a night that threatened to redraw the political landscape once again, the UK Independence Party (UKIP), which won 12.5 percent of the vote two years ago and was a driving force behind the Brexit vote, was all but wiped out, hovering around two percent.

The pro-European Liberal Democrats, who have campaigned for a second EU referendum, increased their number of seats from nine, but their former leader Nick Clegg lost his seat.

Meanwhile the Scottish National Party of First Minister Nicola Sturgeon, which has dominated politics north of the border for a decade and called for a new independence vote after Brexit, was tipped to lose around 21 of its 54 seats.

Deputy leader Angus Robertson, one of the strongest SNP performers in the House of Commons, was an early casualty.

– ‘Pressure to resign’ –

May, who took over after last year’s Brexit referendum, began the formal two-year process of leaving the EU on March 29, promising to take Britain out of the single market and cut immigration.

Seeking to capitalise on sky-high popularity ratings, she called the election a few weeks later, urging voters to give her a stronger mandate to go into Brexit talks that are expected to begin as early as June 19.

Officials in Brussels were hopeful the election would allow her to make compromises, but this has been thrown into question by the prospect of a hung parliament.

“It creates another layer of uncertainty ahead of the Brexit negotiations,” said Craig Erlam, senior market analyst at OANDA currency traders.

Despite campaigning against Brexit, Labour has accepted the result but promised to avoid a “hard Brexit”, focusing on maintaining economic ties with the bloc.

Barely a month ago, the centre-left party seemed doomed to lose the election, plagued by internal divisions over its direction under veteran socialist Corbyn.

But May’s botched announcement of a reform in funding for elderly care, a strong grassroots campaign by Corbyn and the terror attacks, which increased scrutiny of her time as interior minister, changed the game.

“Even if she manages to get just enough seats it will be seen as a failure and she may indeed be under pressure to resign as leader quite quickly,” said Paula Surridge, senior lecturer at the University of Bristol.

AFP