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