How 10 Agencies were Removed from the Ports

Two weeks after the federal government released a list of agencies that have been barred from operating at the nation’s ports, facts have emerged about what informed the sack of the agencies from the ports.

According to a report obtained by THISDAY, the sacking of 10 agencies from the ports was based on the recommendations of a working group set up by the Minister of Finance and Co-ordinating Minister for the Economy, Dr. Ngozi Okonjo-Iweala, in a bid to ensure a seamless clearance of goods at the ports.

A few weeks after assuming office, Okonjo-Iweala had constituted the study group to proffer solutions to the persistent gridlock at the ports. Her ultimate ambition is to ensure that 48-hour cargo clearance is achieved in Nigeria.

The body, dubbed the Presidential Working Group on Ports Decongestion, recommended the streamlining of the number of agencies at the ports to 5, leaving the Nigeria Customs Service, Port Health, Immigration, Nigerian Police and NPA. It was strongly recommended that the NCS should be the leading agency in the clearing process.

"Other agencies should relocate outside the port premises and be invited only on need basis," said the report.

The panel members drawn from her office, the Nigerian Customs Service, Ministry of Transport and the private sector, and which had names like Omar Suleiman (MD Nigerian Ports Authority) chairman; Bolanle Onagoruwa (DG, Bureau of Public Enterprise); Emeka Ezeh (DG, Bureau of Public Procurement); Julius Nwagwu (Customs); A.O. Ibeh (Director, BPE), recommended that the National Agency for Food, Drug Administration and Control; National Drug Law Enforcement Agency, and the Standards Organisation of Nigeria be barred from operating in the ports.

Other agencies include the Directorate of Naval Intelligence; Nigerian Plant Quarantine Services; Economic and Financial Crimes Commission; Independent Corrupt Practices and other Related Offences Commission; The State Security Service; National Environmental Standards and Regulations Enforcement Agency and the Federal Environmental Protection Agency.

According to the report, said to have been submitted to the finance minister early in October, the working group noted that the operations of Nigerian ports over the years had been associated with inefficiency and corruption. A copy of the summary of the report made available to THISDAY blamed the problems at the ports largely on poor infrastructure, poor work ethics by all the agencies at the port as well as multiplicity of agencies at the port.

It noted: "These agencies through their daily activities have made business at the port very unfriendly as it causes delay in clearing of goods which ultimately adds to the cost of importation. It is against this background that this working group has painstakingly considered the inherent challenges and came up with short term, medium term and long recommendations to ensure 48 hours cargo clearance."

A source told THISDAY that: "Okonjo-Iweala obtained presidential approval to implement the recommendations within a few days after receiving the report. This resulted in her trip to the Apapa Ports in Lagos on October 10, where she unveiled the new deal for Nigerian ports to industry stakeholders.”

Also, the report expressed concern about lack of operational guidelines for shipping lines and terminal operators in Nigeria and recommended thus: "The Shipping line and terminal operators should have direct traders input.

The Shipping lines should carry 70 percent of empty containers when they are leaving in order to solve the problem of excessive empty containers at the ports."

Six agencies were retained at the ports by the government instead of the five recommended by the study group. They are the Nigerian Maritime Administration and Safety Agency, The Nigerian Immigration Service, Nigerian Ports Authority, Nigeria Customs Service, Nigeria Police Force and Ports Health. The State Security Service was also allowed to remain at the ports.

But, investigations have shown that the desired result of the policy has yet to be achieved as the problem of congestion, especially at the Apapa port, in Lagos, still persists, with a stretch of container-bearing lorries regularly spilling onto the streets.

The minister’s decision been hailed and condemned almost in equal measure with a few agencies apparently staging a last ditch effort to be retained at the ports.

By Ojo Maduekwe              Courtesy Of: ThisDayLive

Minister pleads with Delta to issue C of O to Navy

The Minister of State for Defence, Mrs. Olusola Obada, has pleaded with the Delta State Government to issue a Certificate of Occupancy to the naval base located in the state.

Our correspondent learnt that the land on which the Navy Logistics Base, Oghara, Delta State is built, was yet to be surveyed and properly demarcated.
The development, it was learnt, had made land speculators to begin a massive encroachment into the premises of the base.
The minister, who spoke against the backdrop of reports that the community had serious frictions with the military, asked the governor to take an immediate action to forestall any altercation.
Obada, who paid a visit to Uduaghan in Asaba as part of her inspection tour of formations in the Western Naval Command, which she said started from Lagos, appealed to the state government to survey the land.
Written by  Emmanuel Addeh                      Courtesy Of: Punch

Court restrains Amosun from probing Dipo Dina’s, others’ killings

Former Governor of Ogun State, Engr. Gbenga Daniel, yesterday got an injunction from a state High Court sitting in Abeokuta, restraining his successor, Senator Ibikunle Amosun, from probing the killings, maiming and disappearance of persons during Daniel’s era.

Amosun had  in September 14 constituted a Truth and Reconciliation Commission to unravel mysterious deaths, missing of persons and harassment of people in Ogun in the last seven years and the commission which had called for memoranda from the members of the public is expected to begin sitting soon.

Members of the commission are Messrs Pius Adeyemi, Abdulahi  Mustapha, Dalopo Akinsanya, Bamidele Aturu, Tunji Onabamwo and Lanre Suraj.

But yesterday embattled Daniel, through his counsel, Prof. Taiwo Osipitan, approached the court in a suit No: M/174/2011, seeking the leave of the court to declare as “illegal and unconstitutional,” the constitution of the Truth Commission by Governor Amosun.

Osipitan said his client would be relying on Section 36 (4) of the constitution to argue his case against the governor and others joined in the suit, adding that the power of the governor in Section 2 (1) of the Commission of Enquiry Laws, Vol. 1. Of Ogun, 2006 does not include power to constitute the Truth Commission.

“His (Governor Amosun’s) power does not include the power to conduct an enquiry on whether the past governor, his aides, persons who served with him committed any crime between January 2003 and May 2009. He is not competent by the law to set up a commission of enquiry into any alleged criminal acts,” Osipitan, argued.

He equally prayed the court to restrain members of the commission from further investigation, making findings, recommendations and or sanctions in respect of the activities of ex-Gov. Daniel and his aides and this prayer was granted.
In granting the relief sought by Daniel, Justice  Paul Onamade said: “The applicant is seeking the leave of the court and coming under Order 40. And this leave is required by the law before the respondents can be served with the motion on notice for the determination of the matter and the merit.

“I hold the view that the application should succeed and it is hereby granted as prayed. This granting of leave should operate as a stay of proceeding on the Ogun State Truth and Reconciliation Commission,“ Onamade said.
 Senator Amosun, in a ceremony marking his 100 days in office, had said that the Truth Commission, when it commenced sitting, would carry an investigation into  the loss of lives and property by the people without appropriate measures to seek redress.

The panel headed by retired Supreme Court justice, Justice Pius Aderemi, is expected to reopen unresolved cases of the killing and disappearance of prominent Ogun indigenes, namely, Otunba Dipo Dina, Mr. Age (Lemomu) Animashaun, Dele Arojo.

The panel will also probe the assassination  of 65 political supporters of Senator Amosun, among others.
 The Truth Commission was set up in the fulfilment of the inauguration promise  that Ogun indigenes, including his 65 political supporters, who were murdered by sponsored political thugs between 2005 and May 2011 without opportunity for redress would be revisited.

His words:”You will recall that during the campaigns, we promised that we would not allow the plight of our compatriots who lost their lives, properties or were brutalised and made to suffer different forms brutality to pass away without appropriate measures to seek redress or at least, investigate what happened.” 

By Ernest Nwokolo, Abeokuta               Courtesy Of: Punch

Tinubu to Lagos LG chairs: Put people first or face party’s wrath

Ahead of the swearing in of elected local government chairmen and councillors in Lagos State, Asiwaju Bola Tinubu, national leader of the Action Congress of Nigeria (ACN), has warned the council officials to put the people first or face the party’s wrath.

“Any chairman mismanaging resources and pursuing personal interests, above that of the people, will be dealt with by the party, according to the law,” Asiwaju Tinubu said.

Congratulating the elected officials, he urged them to always remember that the people were the cornerstone of the party, adding that  why they were in government, the people must always come first.

“The people are the reason you are all in government.  So, the people must take priority.  That is the only way we can justify your nomination by our party and your election by the people,” he said.

The former governor of Lagos State added that the chairmen, with their councillors, must, therefore, cut down on the celebration of victory and hit the ground running, going after what he called “the low hanging fruits”, so that the people can, as fast as possible, feel their impact.

But he also put the Lagos Peoples Democratic Party (PDP) and other parties on notice.
He said: “The ACN would challenge some councillorship results.”

He, however, added that it would be at the tribunal as it always does and not in the streets.
Therefore, he advised all other aggrieved parties to toe that line, as provided by the law.

Stressing the need to follow due process, he cautioned against any aggrieved party resorting to self-help.  
“We understand the desperation of some of their leaders around here who want to make a point to impress Abuja and continue to collect resources from Abuja.  We know it is all about a financial war chest towards the 2015 elections.  But we must put our people first in all we do, and must not sacrifice their interest in destructive politics.

“Lagosians know their true leaders and will not be intimidated.  They are ready to follow the party that is transforming Lagos.  We make no claim that we can do it all at once as a party.  Neither do we claim that every council area can perform at the same speed and standard.  All we say in our party is that we will always give it our best shot and try not to disappoint our people,” he said.  

Courtesy Of: The Nation

LASU: Hike in fees divides Lagos Assembly

Some members of the Lagos State House of Assembly on Thursday opposed the plans of the state government to increase the tuition fee of the Lagos State University students.

The Speaker of the assembly, Mr. Adeyemi Ikuforiji, on Tuesday, summoned the state Commissioner for Education, Mr. Olayinka Oladunjoye; Special Adviser to Governor Babatunde Fashola on Education, Mr. Fatayi Olukoga; LASU Vice-Chancellor, Prof. Oladapo Obafunwa, and the president of the institution’s students’ union, Mr. Durojaiye Akeem, over the recent protest by students against the proposed hike in tuition fees.
Ikuforiji said the hike in fee was too sudden, and at an average Lagosian could not afford to pay it.
He added that although the state wanted a standard and effective learning environment for the students, it must be affordable and convenient for the people.
He said, "The government has to be lenient as far as this issue is concerned, or else our standard of education will fall."
According to him, the state government has to fund education and subsidise when necessary, but the people must know that nothing comes free.
He added that although they advised the governor, to set up a visitation panel to look into the problem of the institution, the recommendation of the panel was not brought before the assembly before it was implemented.
He said, "The standard of education has really dropped and every right thinking member of the state knows that only the quantity of education has increased, the quality is reducing."
He said if care was not taken, only the rich would be able to study, while the masses would have no place in the society.
The deputy speaker of the assembly, Mr. Kolawole Taiwo, faulted the action of the state government for breaching sections one, two and three of the "Lagos State Revolution Approval Law 2001," which stipulate that the executive cannot effect any directive unless it is approved by the state house of assembly.
Taiwo said, "The state shouldn’t have created a university when it cannot cater for it. We have an organised system, if we then say free education is optional in tertiary institutions, then LASU shouldn’t be created."
He added that the state could not afford to implement the 26 per cent budget policy by the United Nations Educational, Scientific and Cultural Organisation to the education sector.
The lawmakers urged LASU authorities to find means to generate fund instead of relying on the state government alone.
They noted that the institution was over- populated, which made it difficult to cater for the numerous students, stating that parents who sent their children to LASU were the 18, 000 minimum wage-earning civil servants and might not be able to afford such exorbitant amount.
The Commissioner for Education, Mr. Olayinka Oladunjoye, said the government’s plan to increase the tuition fee was to provide an efficient infrastructure demanded by the students.
According to him, other universities in the country pay more than the proposed N193,750 to N348,750 demanded from the students.
Ikuforiji later resolved the issue by forming a five-man committee to consult and proffer solution that will be acceptable to the government and students, to be submitted on November 10, 2001. 
Written by  Sodiq Oyeleke                     Courtesy Of: Punch

Sovereign Wealth Fund is to deceive Nigerians, says Tinubu

Action Congress of Nigeria (ACN) national leader Asiwaju Bola Ahmed Tinubu has criticised the creation of Sovereign Wealth Fund (SWF) by the Federal Government. 
Describing it as “illegal”, the former Lagos State governor said he is in support of the legal action taken by governors against the Federal Government. 
Tinubu told reporters in Abuja that SWF is another name for Excess Crude Account to deceive Nigerians by the Federal Government. 
His words: “I’m in full support of the governors going to court. The Sovereign Wealth Fund is an illegal looting committed under an act. It is giving the Excess Crude Account (ECA) another name and taking it to the House for illegal constitutional amendment. 
“When an act confiscates and contradicts the constitution, Section 162 of the constitution says all revenue must be distributed. You cannot act unconstitutionally if you are a government of rule of law. You are confiscating the money of the state; you are violating the constitution; it is illegal. 
“It is an amendment to the constitution if it is not seen clearly by Nigerians. Otherwise, Section 162 of the constitution is useless. What are the steps to be taken before an amendment to the constitution takes effect. That is clear there. I ask, if you are a regular saver and your child is dying of anaemia in a hospital and you say you are saving for that child to inherit, will you say you must save that money and not pay for the blood if the child needs blood transfusion? 
“The states say this is our time to develop, why are you forcing them? You can save the federal government portion. It is unconstitutional. I’m in support of the governors.” 
On yesterday’s proceedings at the Code of Conduct Tribunal (CCT), Tinubu said “I enjoy learning. It went professionally well, you could see the firework between the lawyers. I’m very proud of my team. I’m very happy and impressed. It means we can still help Nigeria by being honest, it means we can still hope for Nigeria to see that the fundamental human right is projected, the right of individuals will not depend on the amount of power confers on them by the office and those who allege must prove. The matter is left for the judiciary but there is still hope that this country can ensure justice.
By Kamarudeen Ogundele                         Cortesy Of: The Nation

Labour rejects govt’s stand on subsidy

•Minister’s ‘lamentation is rationalisation of criminality’

Labour yesterday rejected the government’s argument over the planned removal of fuel subsidy.
The NLC reinstated its opposition to the plan, which the government says will bring in more cash for better services. But its opponent insist it is a move to further impoverish Nigerians. 
President Goodluck Jonathan and Minister of Petroleum Resources Mrs Diezani Alison-Madueke are justifying the proposal.
Mrs Alison-Madueke said in Perth, Australia on Tuesday that the date for the commencement of the subsidy withdrawal had not been fixed.
She said the government would stay action on it, until consultations with Nigerians are concluded.
Besides, the government will raise a panel of eminent Nigerians to manage the cash that will be saved from the withdrawal of subsidy.
This, according to the minister, will encourage transparency and efficiency. Besides, it will, she said, ensure that the cash is spent to better the people’s lot.
But the NLC, in a statement yesterday by its President Abdulwaheed Omar, rejected the government’s argument.
Labour accused the minister of not speaking the truth. “These are untrue statements calculated to mislead the international community and to lure Nigerians away from the on-going mobilisation against this anti-people policy,” the workers said. 
The NLC recalled that President Goodluck Jonathan, in his letter to the National Assembly on the Medium Term  Expenditure Framework of his administration stated categorically that the fuel subsidy would be removed as from and that the take off date is January 2012.  
The NLC added that the President, on his way to the Commonwealth Summit, to which the Petroleum Minister accompanied him, reportedly said fuel subsidy must be removed because the alternative is the collapse of the economy.  
Labour said the workers’ body will not relent in its mobilisation to resist “this policy that will further impoverish the citizenry”.
The statement said: “In any case, the issue at stake is not whether the Jonathan administration is yet to take a position or is confused as to what decision to take, the patriotic issue is that fuel subsidy should not be removed. 
“The fundamental issue is not the per-second denials of government officials, but that the Jonathan administration should side with the Nigerian people. 
“It should be noted that the whole debate which has pitched government and its cronies against the Nigerian people, was started by the Federal Government, which is still expending huge public funds on this manoeuvre. 
“The position of the NLC is that our oil resources which should be an advantage to the country, should be used for the benefit of the people; that as Nigerians, we should have comparative advantage on prices of petroleum products over citizens of non-oil producing states. 
“The NLC rejects the Petroleum Minister’s lamentation that government cannot check the fraud in subsidy because ‘… we are not in a military regime, the market forces of supply and demand has to be allowed to a certain extent.’ 
“We think that this is a rationalisation of criminality and an admission of failure.  We do not need a military regime, to deal with criminality, what we need is a democratic process of bringing culprits before a court of competent jurisdiction and dispensing justice. 
“The minister’s announcement that a Think Tank is being proposed by government on the subsidy issue is laughable as government should have done so and thought through the process before announcing subsidy removal. 
“Also, her claims that government wants to consult “stakeholders” on the issue is like putting the cart before the horse; that should have been a basic step before government announcement of its decision to remove oil subsidy. 
“Her announcement that the subsidy to be removed would be used for road works, public maintenance, mass transportation, youths skill development, maternity and child care is gimmickry;
what are the huge resources of the country, which are at the disposal of government used for?   
“The reality is that despite the trillions of naira budgeted annually for these basic needs, the roads remain in a deplorable state, public maintenance is absent, mass transportation is non-existent, youths are abandoned as are the public hospitals leading to high mother and child mortality rates. 
“The Petroleum Minister also announced that the proceeds of the subsidy removal will be managed by Nigerians of integrity.  The question is, who are those managing the national economy and the annual budgets; if they are not Nigerians of integrity, why not handover the economy to such Nigerians? 
“Recreating a DIFFRI as General Ibrahim Babangida did or a Petroleum Trust Fund as General Sani Abacha did, is disingenuous.  Government should simply leave its induced oil subsidy in place. 
“The Minister’s statement that ‘We (Jonathan administration) cannot please all the people all the time’ rings hollow. While this is a truism, the removal of oil subsidy will displease 99 per cent Nigerians. If government disproves this, it should subject its fuel subsidy removal to a referendum,” the NLC President said.
The government claims that subsidy – of about N1.2 trillion, according to its officials – has benefited only a few individuals to the detriment of the generality of Nigerians for whom it is meant. It promised to plough back the cash saved from subsidy withdrawal to provision of infrastructure.
By Joseph Jibueze                       Courtesy Of: The Nation

Reps move to remove EFCC boss, Waziri

The job of the Chairman of the Economic and Financial Crimes Commission, Mrs. Farida Waziri, may be on the line. On Wednesday, a bill seeking to make the headship of the anti-graft agency the exclusive preserve of retired justices of either the Court of Appeal or Supreme Court passed the second reading.
If the bill sails through both chambers of the National Assembly, Waziri might be asked to leave the seat. At best, she would not be allowed a second term at the end of her tenure next year.
Waziri, who assumed office in May 2008, is not a retired justice of either the Court of Appeal or Supreme Court but a retired Assistant Inspector General of Police.
The bill seeking to amend the EFCC Act, 2004, is sponsored by a member of the House from Cross River State, Mr. Bassey Ewa.
The bill passed second reading at the House on Wednesday after lawmakers debated it.
Ewa claimed that the EFCC, as presently constituted, was deficient in prosecuting corruption cases.
He said that the commission’s modus operandi had been to file charges it could not substantiate in court.
According to him, the commission can file up to 500 charges against a suspect “and one by one, these charges do not hold in court” because the agency is not receiving proper guidance from its leadership.
In his view, a retired judge will do a better job because such a person has the experience of knowing what charges can be sustained in court.
He said he wanted the EFCC to be headed by a retired judge as was the case with the Independent Corrupt Practices and other Related Offences Commission, which Ewa claimed had done “more successful prosecutions than the EFCC.”
The lawmaker blamed part of the alleged weaknesses of the EFCC on the absence of an investigation unit.
He proposed the creation of a unit charged with investigation in the agency to be headed by an Assistant Inspector-General of Police, “either retired or serving.”
While the Senate declined comment on the bill, preferring to await its coming, the EFCC on Wednesday described the allegations against the commission as “cheap blackmail.”
Leader of the Senate, Victor Ndoma-Egba, said, “We have not seen the bill, we cannot say anything until it comes.
“I will not be able to aggregate what all the senators will be thinking right now, so let’s wait.”
Spokesperson for the EFCC, Mr. Femi Babafemi, said, “The allegation by the House of Representatives is invalid because there has never been any case filed by the commission in court that has ever been thrown out for lack of evidence.
“So how does anyone come out with the allegation that we rush to court without proper investigation? That is a cheap blackmail.”
He, however, declined to speak on the Bill for the appointment of a retired Justice of the Supreme Court or Court of Appeal, saying he had no details yet.
Some lawmakers in their contributions to the debate alleged that the EFCC had become a political tool.
Mr. Kamil Akinlabi told the House that the agency would “rush to court with all manner of charges” just to satisfy alleged political interests.
“The EFCC is being used as a political tool. When you have a retired judge as the head of the EFCC, they will do a thorough investigation before rushing to courts”, he added.
Mr. Uzor Azubuike shared the same views, accusing the commission of “operating from the presumption that the accused is already guilty.”
Mr. Emmanuel Jime supported the bill on the grounds that it would be the first step to restructuring the EFCC and the ICPC.
“The mentality of those fighting corruption at the EFCC right now is not consistent with the rule of law.
“We cannot fight corruption in a manner that is not consistent with the law”, Jime stated.
Lawmakers passed the bill in a unanimous voice vote to the Joint Committee on Justice, Drugs, Narcotics and Financial Crimes for further deliberations.
It is unclear whether the Senate will concur to the bill after it has scaled third reading at the House.
Last week, a proposal by the Chairman of the Senate Committee on Rules and Business, Mr. Ita Enang, to merge the EFCC and the ICPC, failed on the floor of the Senate.  
Meanwhile, constitutional lawyer, Prof. Itse Sagay, SAN, said the bill by the Reps might not achieve the desired results.  He said the effectiveness of the anti-graft agency depended on the person heading it.
Sagay said, “The appointment of a retired judge may not necessarily achieve the purpose the House of Representatives may be talking about. It depends on the personality of the EFCC chairman. A retired Police officer will be relevant in the area of investigation.
“But a retired judge is likely to be better and independent than a retired police officer who is like a civil servant that has been in the office taking instructions from somebody as we have seen in many cases.”
A Lagos-based lawyer, Mr. Bamidele Aturu, said appointing retired judges as the chairman of the EFCC would not necessarily enhance the commission’s performance.
Aturu told one of our correspondents on the phone late on Tuesday, “Don’t you realise corruption is a war? Corruption is not a joke. Don’t we have corrupt judges? So the problem will not be solved by appointing retired judges.
“What is important is appointing a person who can do the job. I will even recommend that the law should be amended to allow anybody, whether the person is a policeman, a teacher or whatever could be appointed as the EFCC chairman. What is important is that the person should be courageous and must not be a corrupt person.”

Written by  Akinwale Aboluwade, Ibadan John Ameh, Friday Olokor and Ade Adesomoju 

Courtesy Of: Punch

Court orders NDLEA to produce Baba Suwe

A Lagos High Court, in Ikeja, on Wednesday ordered the National Drug Law Enforcement Agency to produce Nollywood actor, Babatunde Omidina, popularly known as Baba Suwe, in court on Tuesday, to allay the fears of his family members over his state of health.
Omidina  on Friday, sued the NDLEA, demanding N100m from the agency for allegedly violating his fundamental human rights.
He  contended that the anti-drug body violated his right by keeping him in its custody for more than the constitutionally-allowed 24 hours since October 12.
Justice Yetunde Idowu ordered the NDLEA to produce Omidina “physically in court” on Tuesday following an application by his counsel, Mr. Bamidele Aturu.
Idowu said the actor’s physical presence in court would allay the apprehension of both his family and the public over his state of health and his safety in the NDLEA custody.
The NDLEA, represented by its Director, Prosecution and Legal Services, Mr. Femi Oloruntoba,  acceded to the prayer  seeking that Baba Suwe be produced in court at the next adjourned date. Oloruntoba however, raised concern about the security challenges likely to be introduced by  the crowd which Baba Suwe’s presence in court might attract.
But Idowu, dismissed any fear concerning security, saying “we have to consider the mind of the family.”
She assured that measures would be put in place to ensure security by keeping such a crowd away from the court premises.
 Written by  Ade Adesomoju               Courtesy Of: Punch

Tinubu questions tribunal’s jurisdiction on foreign accounts trial

Former Lagos Governor  Bola Tinubu on Wednesdayin Abuja said the Code of Conduct Tribunal lacked the jurisdiction to try him for allegedly operating foreign accounts while in office.
Speaking through his lead defence counsel, Mr. Wole Olanipekun, Tinubu denied  he was  invited for questioning by the Code of Conduct Bureau like other former governors excluded from trial.
But Tinubu, through Olanipekun, is asking the Justice Danladi Umar-led panel to quash the charges and/or strike out the three counts asamended filed on September 20 against him by the complainant/respondent.
While moving the application accompanied by an 11-paragraph affidavit and predicated on 10 grounds, Olanipekun said the CCT was not known to the 1999 Constitution.
He said, “The mandatory conditions precedent for the referral of complaints by the Code of Conduct Bureau to the Code of Conduct Tribunal and the subsequent exercise of jurisdiction by the said tribunal has not been complied with.”
Olanipekun referred to Section 3 of the CCB and Tribunal Act, stating that “where the person concerned makes a written admission of such breach or non-compliance no reference to the Tribunal shall be necessary”.
He said, “What the prosecution is doing is to put something on nothing; they want it to stand, it will not stand – it will collapse like a pack of cards.
“Where a person can make a written admission, there will be no need for trial, the applicant must be invited; there is no short-cut about this, it is paramount, it is fundamental. The CCB said it invited those other governors, if it is sauce for the goose of those governors it must be sauce for their gander.”
The applicant’s counsel also challenged the venue for the trial, saying it should have been in Lagos, the place where the alleged offence was committed.
He cited the case of former Delta Governor James Ibori when the Court of Appeal said trial should take place in the state and not anywhere else.
But the prosecution counsel representing the CCB, Mr. Alex Izinyon,  opposed the application, arguing that the CCB has discretion on who to invite and who not to invite.
However there was a hot argument on whether Tinubu should be in the dock or not.
As soon as the tribunal’s clerk mentioned the case and Tinubu indicated his presence, the chairman of the tribunal  ordered him to enter the dock but his counsel, Olanipekun objected, saying that the applicant was objecting to the charge preferred against him.
He added that since he had not taken any plea, he could not be in the dock.
 Written by  Friday Olokor, Abuja            Courtesy Of: Punch

N15bn scam: Doma, others yet to fulfil bail condition

There were indications on Thursday that former Nasarawa State Governor Aliyu Doma and eight others had yet to meet the bail terms granted them by Justice Marcel Awokulehin of a Federal High Court in Lafia.

 

Doma and the other accused are facing trial by the Economic and Financial Crimes Commission on 17 counts of laundering stolen state funds estimated at over N15bn.

EFCC sources told our correspondent that 24 hours after being granted bail none of the accused had been able to meet the conditions and as such remained in detention.

But when contacted to ascertain if the accused were still in the commission’s custody, the spokesman for the EFCC, Mr. Femi Babafemi, said he was not aware that any of them had been able to fulfil their bail conditions.

Awokulehin had while ruling on their bail application granted Doma bail in the sum of N300m and two sureties in like sum.

The eight others were granted bail in the sum of N200m each and two sureties in like sum.

While one of the two sureties must own property in any metropolis within the jurisdiction of the court, the second surety must be a civil servant in either in the federal or state government service not below Level 15.

All the accused were told by the judge to deposit their passports with the court.

They are also to remain in EFCC custody in Abuja pending the perfection of their bail conditions.

The former governor and eight others were arraigned on October 18, 2011.

Doma was arraigned along with Senator John Dangoyi, Abdulmumin Jibrin, Timothy Anjide, Dauda Egwa, Suleiman Ibrahim, Broworks Ltd and Green Forest Investment Ltd.

The charges filed against two other accused, John Aigbakhode and Incapint Nig Ltd, who are still at large, were stepped down.

The case was adjourned until December 6 and 7, 2011, for the substantive trial.
 Written by  Friday Olokor                  Courtesy Of: Punch

‘Afenifere’s visit to Daniel set bad precedence’

The Afenifere Renewal Group on Thursday, flayed Afenifere leaders’ visit to former Ogun State Governor Gbenga Danel, saying they had set a bad precedence.

 

The Afenifere leaders led by Chief Reuben Fasoranti, offered Daniel solidarity when they visited his Sagamu home on Wednesday.

Daniel is currently facing a 16-count of corruption against him by the Economic and the Financial Crimes Commission.

But the ARG said the leaders should have waited until Daniel was cleared by the court before reacting and showing solidarity.

The spokesman for ARG, Mr. Yinka Odumakin, who spoke with our correspondent on the telephone, said the visit was inappropriate.

He said, "There is also the question of morality and value. Elders are supposed to be custodian of truth. Elders should not intervene when a case is still in court. If there should be any visit, it should be from Daniel to explain what is going on and not from the elders.

"I am not saying that Daniel is guilty; the elders should allow the judiciary to run its course. If he is pronounced innocent, the elders can then speak. What they are doing now sets bad precedence and sends wrong message to the young ones that when they grow up and anything goes wrong, they could expect elders to show solidarity."

The ARG Chairman, Mr. Wale Oshun, however, declined comment.

He said, "We decided to renew because we felt that things could be done in a more efficient manner."

The Ogun State deputy governorship candidate of the Peoples Democratic Party in the April election, Mr. Tunde Oladunjoye, said the Yoruba elders that visited Daniel were not representing their people but themselves.

"These people are contractors. They have benefitted directly and personally from Daniel and their visit was not a surprise in any form. But they should have waited for the court of law to make its judgement before jumping the gun," said the former Ijebu East Local Government chairman, who spoke to THE PUNCH on the telephone.

"They should also know that their pronouncements were contrary to the conditions on which Daniel was granted bail."

However, a leader of the PDP in Ogun State, Chief Bode Mustapha, said Daniel was the architect of his own misfortune.

Mustapha, a former member of the House of Representatives, also dismissed the allegation by Daniel’s camp that former President Olusegun Obasanjo was behind the former governor’s travail.

Written by  Sesan Olufowobi             Courtesy Of: Punch

SWF: Okonjo-Iweala denies friction with governors

Minister of Finance, Dr. Ngozi Okonjo-Iweala, has denied the existence of a conflict between the Federal Government and the state governments over the controversial Sovereign Wealth Fund.

 

Okonjo-Iweala, who is also the coordinating minister for the economy, on Thursday said the Federal Government had implemented the plan after extensive consultations with the governors.

Okonjo-Iweala made the clarification in Abuja at a conference organised by the Economist Conferences, a division of The Economist Group, publishers of The Economist newspaper.

At another forum in Benin, Edo State, Governor Adams Oshiomhole, confirmed that a few state chief executives were consulted before the Federal Government launched the SWF with a N150bn initial deposit.

"The Minister of Finance, Dr. Ngozi Okonjo-Iweala, to be fair to her, consulted a few of us governors before the Sovereign Wealth Fund was launched. We gave our support for the launch of the Sovereign Wealth Fund. It was done with our consent, and it wasn’t done in spite of us," Oshiomhole said at the opening of the 15th Annual Conference of the Institute of Nigerian Stockbrokers in Benin City.

The finance minister told participants at the Abuja conference that the Federal Government viewed the SWF as a strong instrument for saving and investment and so would continue to discuss with those who hold opposing views on the fund.

She said, "We need to think of saving for the future and that was why in the beginning, we started the Excess Crude Account.

"We discovered that that account was not underpinned on legislation and we built on that for the SWF. We have been discussing with the governors who said they have needs to meet.

"When we started the Excess Crude Account, there was debate too. If not for that account, the country would not have made through the financial crisis of 2007/2008."

She insisted that fuel subsidy weighs heavily on the budget and it does not benefit the poor.

Okonjo-Iweala, however, lauded the ongoing debate on the desirability or otherwise of the removal of the subsidy, saying that the best decision would be taken at the end of it all.

She assured stakeholders that whatever resources accrued to the government based on the removal would be spent on things Nigeria could see.

The minister said that the government was working hard to reduce recurrent expenditure from the current 74 per cent to less than 70 per cent.

She said biometrics was currently being used to weed out ghost workers and ghost pensioners.

She explained that the money freed up in the process would be spent on infrastructure.

Earlier, the Africa Editor, Economist Intelligence Unit, Katharin Pulverinacher, had identified the SWF, minimum wage, crime, corruption and inflation as some of the current challenges facing the country.

Pulverinacher observed that dire state of infrastructure had continued to constrain growth in the manufacturing sector.

She however said that many of the constraints identified could be weakened with political will and improved technology.

This, she added, would enable Nigeria to achieve her dream.

In Benin, Oshiomhole said that a more sustainable approach to saving should involve deducting an agreed percentage of national revenue, irrespective of fluctuation in oil price, for future development.

"Saving only when there is excess crude money is not sustainable," he said. "It is an ongoing discussion. I believe the matter will still be discussed at our next joint meeting."
Written by  Olalekan Adetayo               Courtesy Of: Punch

Tribunal throws out Akunyili’s petition against Ngige

The Anambra State Election Petitions on Thursday struck out the petition filed by Prof. Dora Akunyili and the All Progressives Grand Alliance against the election of Senator Chris Ngige of the Action Congress of Nigeria in the Anambra Central Senatorial election.

The tribunal’s decision was based on an application filed by the counsel for the Independent National Electoral Commission, Mr. Osita Nnadi seeking to strike out the petition by Akunyili and APGA on the grounds that they failed to file Form TF008 with the tribunal.

Form TF008 is required to be filed by parties in a petition, if they intend to be part of the pre-trial hearing in the petition. Form TF008 contains the list of questions that must be answered as a party in an election petition.

 

Though INEC and counsel for Ngige and the ACN had argued that the form was not filed with the tribunal or served on the parties. But counsel for Akunyili and APGA insisted that the form was filed, as indicated by the records of the tribunal.

But the legal team could not explain why they did not serve the other parties in the petition with the form. They alleged that the form from their own file was stolen in their hotel.

The ACN legal team led by Chief Emeka Ngige urged the tribunal to invite the police and the State Security Service to investigate the manner through which filing of the form got into the records of the tribunal.

In a considered ruling, the tribunal chaired by Justice Onajite Kuejubola, said having established that the petitioner failed to file the form, it was withdrawing its jurisdiction to hear the pre-trial of the petition.

 Written by  Emmanuel Obe             Courtesy Of: Punch

Oyo road rehabilitation

Oyo State Government has started the second phase of its road rehabilitation programme, with an assurance that it will tackle the decay of infrastructure in the state.

 

The ceremony, which took place at the Aleshinloye Market, began with the asphaltic improvement of NIHORT-Idi Ishin-Forestry-Aleshinloye Junction Road.

Governor Abiola Ajimobi assured that after the completion of the rehabilitation of all the deplorable roads, his administration would commence the construction of new ones, adding that all roads leading to the state capital would be dualised.

He said the road from the Lagos-Ibadan Expressway overhead bridge to the Challenge area of Ibadan would be dualised and overhead bridges constructed in Challenge and Mokola areas.

The governor said the projects had been captured in a supplementary appropriation bill forwarded to the state House of Assembly for approval.

Written by  Ayodele Oluwagbemi            Courtesy Of: Punch