Falana asks minister to name ‘VIP’ in airline’s delayed landing

Lagos lawyer Mr. Femi Falana has given the Minister of Aviation, Princess Stella Oduah, seven days to provide the name of a “very important personality” (VIP) who caused the delayed landing of an Arik aircraft at the Nnamdi Azikiwe International Airport, Abuja, for over 25 minutes on June 19.

He said the request, made under the Freedom of Information(FOI) Act, 2011, is to enable him sue the supposed VIP for endangering the lives of over 150 passengers on board the plane. 

Falana said: “Take notice that if you fail or refuse to accede to my request within seven days of the receipt of this letter, I shall not hesitate to apply for an order of mandamus at the Federal High Court with a view to compelling you to disclose the identity of the said Very Important Personality forthwith.” 

The popular lawyer made the request in a letter to the minister, entitled: Illegal Prevention of Arik Plane from Landing At the Nnamdi Azikwe Airport Due To VIP Movement. 

He noted that the Freedom of Information Act, 2011, imposes a duty on all public officers to make requested information available to the public. 

Falana said he and other passengers were subjected to unwarranted mental and psychological torture while the Arik plane was hovering in the air.

He said: “I boarded Arik Flight Number W3 271 from Lagos to Abuja at 10.20am on Tuesday, June 19, 2012. The flight, which was scheduled to land at the Nnamdi Azikwe Airport, Abuja, at 11.15am, was illegally prevented from landing by the airport authorities until 11.46am due to the alleged movement of a ‘very important personality’.

“Having regard to the June 3, 2012 Dana plane crash in Lagos, which killed all the 153 passengers and crew on board as well as 10 other persons in their homes, I was subjected to unwarranted mental and psychological torture. Most other passengers on board were equally traumatised as the Arik plane was forced to hover in the air for 25 minutes. 

By Adebisi Onanuga                         Courtesy Of: The Nation

N7.8tr Fed Govt projects abandoned

Vice-President Namadi Sambo yesterday decried the high number of abandoned Federal Government projects.

He said over 12,000 federal projects, valued at over N7.8trillion, litter the country.

The projects were at various stages of completion when they were abandoned, he said. 

To rectify the situation, the Vice-President yesterday inaugurated a Presidential Committee on Guidelines for the Management and Implementation of Federal Infrastructure Projects.

Sambo said henceforth federal projects would no longer be done in haphazard manner.

He said: “This government will ensure the implementation of the projects in line with reference standards with all necessary checks and balances to ensure relevance, quality, economy and efficiency and on principles of sustainability.

“It is for this purpose this committee of top professionals has been put together, based on the individual track records of its members.”

The Vice-President said the objective of the committee is to prepare a comprehensive standard guideline for federal infrastructural projects which Ministries, Departments and Agencies (MDAs) and workers would follow.

He said this is to ensure a successful delivery of such projects. 

According to him, the guideline will involve a review of policies, legal as well as the regulatory documents, examination of institutional structures, process and procedures and discussions. 

The committee is to: 

• examine extant policies and policy environment; 

•determine their adequacy or otherwise and proffer recommendations for improvement; and 

•examine extant legal and regulatory arrangements to determine their adequacy or otherwise. 

It will also make recommendations for improvement.

Members of the committee include the Vice President, who is the Chairman and  Secretary to the Government of the Federation (SGF), Senator Ayim Pius Ayim.

Others are: Ministers of the Federal Capital Territory (FCT), Finance, Justice, Mines and Steel, National Planning, Power, Works; as well as the Special Adviser to the President on Technical Matters.

By Vincent Ikuomola                   Courtesy Of: The Nation

Corruption in Civil Service worries ex-Head of Service Yayale

Former Secretary to the Government of the Federation, Alhaji Yayale Ahmed is worried over the level of corruption in the civil service. 

He said it was capable of truncating the successful implementation of the Federal Government’s transformation agenda.

The way out, according to Yayale, who served in the administration of former President Olusegun Obasanjo was a total review of salary and remunerations of civil servants as a strategy for retaining high flyers and talented staff.

He spoke yesterday in Abuja in a paper titled: “Effective Service Delivery and Transformation” which he presented at a workshop organised by the Office of the Head of Service of the Federation to mark this year’s Civil Service Week.

Yayale said: “Sir, at this point in time, the Head of Service should know and accept it that the level of corruption in the public service is such that it will not and I repeat it, it will not ensure service delivery.

“Yes, there are challenges, they say that we are not paid commensurate level of benefits, so, we must cut corners. It could be right, but I think what is there is complete disregard to basic tenets of the civil service. 

  “They have been saying that we have reformed. But anytime we do rationalisation we end up having more corrupt people in the service. Anytime we replace, we end up having less efficient people.

“We have developed a culture of replacement instead of improvement.”

Yayale called for a review of salary and remunerations of civil servants as a strategy for retaining high flyers and talented members of staff in the service.

According to him, attitudinal change can at best be achieved when workers are motivated, saying that it was necessary that welfare of civil servants should be addressed to strengthen the fight against corruption.

By Vincent Ikuomola                                     Courtesy Of: The Nation

Renaming UNILAG: Why National Assembly should reject proposed amendment

Ahead of the debate by the National Assembly on the proposed amendment sent to it by the President on the renaming of the University of Lagos (UNILAG) Moshood Abiola University, Lagos, eminent lawyer Chief Afe Babalola (san) writes on why the lawmakers should reject the proposal.

On the 29th of May 2012, His Excellency Dr. Goodluck Jonathan announced the decision of the Federal Government of Nigeria to rename the University of Lagos after the acclaimed winner of the June 12 1993 Presidential Election, Bashorun M.K.O Abiola. The University according to the President is now to be known as “Moshood Abiola University, Lagos”.

Public reaction to the announcement

No sooner had the address of the President ended than the decision began to attract criticism from within and outside the country. As a former Pro-Chancellor and Chairman, Governing Council of the University of Lagos, I felt so concerned about the development that I was compelled to issue a Press Statement describing the decision to honour Abiola as noble but the procedure adopted was unconstitutional. My view was hinged on the fact that prior to the announcement by the Federal Government, no attempt was made to amend the University of Lagos Act from which the University derived its name. In addition, the University of Lagos Act does not empower the President as the Visitor to change the statutory name of the University. The action of the President therefore amounted to a usurpation of the powers of the National Assembly which by the provisions of the Constitution of the Federal Republic of Nigeria 1999 is the only body empowered to pass a law to amend the University of Lagos Act.

Government appreciates the unconstitutionality of the decision

It does appear that the President has found merit in the argument concerning the unconstitutionality of his action for on the 7th of June 2012 he sent a bill to the National Assembly seeking to amend the University of Lagos Act to reflect the change in the name of the Institution. 

In submitting the Bill to the National Assembly, the government failed to consider and comply with the requisite legal and other conditions precedent to the submission of a bill to the National Assembly which include the following:

•The need to first reverse the decision pronounced on the 29th of May, 2012 renaming University of Lagos after Abiola

•The need to consult with the Council of University of Lagos, the Alumni and other Stakeholders

•Respect for the court and the need to wait for the outcome of the two suits pending in the Federal High Court, Lagos and

•The adequacy suitability or otherwise of naming University of Lagos to honour a national leader of the status of Abiola

•Need to reverse the earlier  decision

Consequent upon the announcement by the President, the National Universities Commission and the Governing Council of the University acted on it and indicated their preparedness to comply with the decision on name change. Students who were not prepared to welcome the decision were sent packing. This is because the decision of the President was not a mere proposal. It was a proclamation of government policy which became effective and operational immediately. What the government should have done was to first rescind the decision announced on the 29th of May, 2012 before preparing any bill. By sending the Bill without first rescinding the decision, the government is asking the National Assembly to rubber stamp and give retrospective approval to an illegal decision. However it appears that in this part of the world Governmental fallibility is a notion which some in government are not prepared to acknowledge or accept. 

•No consulation before the bill was forewarded to the national assembly

One major point of disagreement with the decision by Nigerians was the failure or refusal of Government to consult stakeholders before the decision was taken.  In a policy matter like this, it is the duty of the government to consult the Governing Council of University of Lagos and Alumni Association and other stakeholders before the decision was taken. This was also the advice of the former military Head of State, General Dr. Yakubu Gowon. Such consultations would have brought to the knowledge of the President, the argument that the name “University of Lagos” had itself become “a top brand” such that any other name, regardless of whatever strengths or qualities it could claim to possess would neither compensate nor be representative of the concept of qualitative academics with which the University had become associated with, within and outside the country.  

•National assembly: duty to respect the court and await outcome of court decision

The President sent the Bill to the National Assembly on the 7th of June, 2012. On the 4th of June, the Alumi Association and the Student Union of the University of Lagos filed two separate suits before the Ikeja Division of the Federal High Court. By the said actions which were commenced by means of an Originating Summons, the Attorney General of the Federation is the 4th Respondent in the said suits. 

It is a settled principle of law that when a matter or dispute has been submitted to a court of law for adjudication, the parties are not permitted or indeed expected to take any step capable of prejudicing or impairing the fair adjudication or determination of the matter. 

The issues raised in the suits transcend the constitutionality of the President announcement to change the names of the University of Lagos to Moshood Abiola University before an amendment by the National Assembly. Indeed the court is being asked to determine whether or not the change of name would affect not only the university but also thousands of graduates who currently hold certificates bearing the name of University of Lagos, or whether consultation was made before the decision to change the name of Unilag to Abiola University and whether attaching Abiola’s name to University of Lagos was an adequate, fit and proper honour for a nationalist of Abiola’s stature. These and other issues cannot be addressed by the proposed amendment to the law of the University.  Since these issues have been turned over to the Court, the National Assembly cannot in law consider and deliberate on the President’s Bill.

•The significance of june 12:  appropriate national honour

The decision to rename the University of Lagos, and not any other University outside of the South West after Bashorun Abiola is really an attempt to brand “June 12 1993” and all that it represents as being only of regional significance.  

By sending Bills for the renaming of two other Universities at the same time he sent that of the University of Lagos, Mr President has not done anything to allay but on the contrary has heightened the fears of some who argue that he regards June 12 1993 and the contributions and sacrifice of Bashorun Moshood Abiola as being only of regional significance. Thus in debating the Bills, the National Assembly will have before it, the decision of the Federal Government to rename three Universities, one from each of the major regions of the Country after a national hero. What is more, the intended honorees all hail from the region in which the University sought to be named after them are located. Therefore in the real sense, the Federal Government has debased or degraded what should be a national celebration to a regional achievement. 

By sending Bills for the renaming of the three Institutions at the same time suggests an attempt to appeal to the “regional” senses or loyalties of the Lawmakers. By ensuring that each region is represented in the proposed name changes by a University and also with a beneficiary in the region, there is a clear intention that each legislator will be swayed to view, debate and ultimately pass the Bills only from the standpoint of regional considerations. Therefore, a lawmaker from a region other than the southwest who otherwise would have questioned the appropriateness of the decision regarding the University of Lagos may decide not to “rock the boat” as a University and personality from his own region of the country is also affected by the proposed amendments.

Rule of law and democracy

Democracy is rooted in the belief in rule of law and unqualified obedience to and practice of the principles that make up rule of law. With the cases pending before the court, the non consultation with the council, the alumni and other stakeholders of the university, the failure to rescind the proclamation of 29th of May, 2012 on which the university and NUC have acted and the need to honour Abiola with a befitting national and not regional honour all make it imperative for National Assembly to reject the bill.

I therefore call on all members of the National Assembly to approach the discussions of the Bill for the amendment of the University of Lagos Act devoid of party loyalty or affiliations. They should take into consideration all issues raised by stakeholders with regards to the name change. They must not appear too eager to rubber stamp decisions taken by the Executive arm of Government. They should not repeat the same errors which characterized the decision of the Government in the very first place. It is by adherence to proper procedure that the National Assembly will be seen as makers of law and believers in the rule of law. As I said in my initial Press Release, a befitting national honour is perhaps the greatest honour that could be done to the late Bashorun M.K.O Abiola. These could be the National Stadium, Aso Rock, National Assembly and the likes.

 By Kazeem Ibarhym, Uyo                    Courtesy Of: The Nation

Senate panel uncovers idle N273.9b pension cash

The Senate Committee on Investigation of Pension Administration has uncovered about N273.9b idle cash in seven major pension offices.

It has recommended arrest and prosecution of the Chairman of the Pension Task Team, Abdulrasheed Maina and two others. It also wants other members of the team found culpable in the mismanagement of pension funds tried.

The two officials of the Task Team  recommended for trial along with Maina are John Yusuf and B.G. Kaigama.

The committee has asked the government to compel the Pension Task Team to submit its finical records and transactions from inception to date for auditing by the Auditor-General of the Federation.

These recommendations are contained in the 108-page report of the committee, which is expected to be submitted today to the Senate.

In the report, which was exclusively obtained by our correspondents last night, the committee said the Auditor-General of the Federation should be allowed unhindered access to all the pension financial records and account books for proper auditing.

The uncovering of the N273, 941, 568, 915.55b in pension offices appears a major breakthrough.

The affected pension offices and the idle funds are as follows:  Military(N23,532, 339,033.98), DSS/ NIA (N36,121,396,662.73), Police(N43,213,213,062,.63); Civilians (N58,715,239,159.66); CIPPO (N27,797,021,906.44); Parastatals(N75,783,682,992.99); Universities(N8,778,676,097.12).

The report reads in part: “That the total unspent pension funds balances in all the pension offices of the Federal  Government amount to N273, 941, 568, 915.55b.

“That there are indicators of massive fraud and embezzlement of pension funds in the years 2000 to 2007 which require comprehensive audit and forensic investigation. This is because there were no credible actions for the sensitisation and validation of pension payroll during these years.

“The number of pensioners on the payroll of the Pension Department in the Office of the Head of the Civil Service of the Federation alone was above 200,000 during these years. This was reduced to about 141,000 names at the first credible effort at pensioners biometric  verification by the Pension Department in 2009.

“That the outstanding pension fund balances of N273, 941, 568, 915.55b in all pension offices of the Federal Government be moopped up by the Accountant-General of the Federation and be used to settle all outstanding pension entitlements.

“The activities and operations of the PFAs should be closely monitored by the National Pension Commission to ensure the attainment of the noble objectives of the Contributory Pension Scheme.

“The practice of different Ad Hoc Teams co-opting officers of law enforcement agencies and using them for inappropriate duties should be stopped forthwith. Law enforcement officials should only be invited to perform their statutory functions when necessary.

“All officers from the EFCC, ICPC and the SSS, who were co-opted by the Pension Task Team and found to have colluded, aided, and abetted corruption, diversion and siphoning of pension funds and have been used for inappropriate duties should be withdrawn, investigated, arrested and prosecuted accordingly.

“That the constitutional provision of Section 173(3) which states that pension should be reviewed every five years or whenever there is review of the remuneration of public servants should be strictly adhered to. Harmonization of pension should be done to ensure uniformity of pension amount irrespective of years of retirement.”

The report said: “That the Chairman of the Pension Task Team, Mr. Abdulrasheed Abdullahi Maina, John Yusuf, B.G. Kaigama and all the members of the Pension Task Team involved should be arrested and prosecuted by the Nigeria Police Force for the crimes of fraud, embezzlement, misappropriation, misapplication, illegal virement, contract splitting, award of contracts to non-existing companies, award of contracts without appropriations and outright stealing of pension funds. And the stolen funds should be recovered from them.

“That Mr. Abdulrasheed Abdullahi Maina was noted to have taken over all the Federal Pension Offices, except the Military Pensions Board, FCT, and Pension Boards of Federal Parastatals.

“That the public funds expended for verification exercises were ten times more than the amount of funds saved from the verification exercises. The amount spent on the verification exercise is sufficient for payment of more than half of one year’s pension.

“That the frequent verification exercises, which are often done without convenient arrangement, have put the pensioners  into untold sufferings and death.”

The report also faulted the EFCC for adopting a  selective method for the arrest and trial of those who allegedly looted pension money.

The committee said: “That the EFCC has been   selective in the prosecution of officials who looted, misapplied, siphoned, embezzled, and misappropriated pension funds, even when numerous petitions with incontrovertible evidences are submitted to the agency.

“EFCC was also observed to have discontinued pension fraud investigations it commenced when weighty evidences thereto linked the Chairman and members of the Task Team.”

The report indicted commercial banks for collaborating in the looting of pension funds.

It added: “That the banks were handy collaborators in the unauthorized and illegal opening of government accounts, change of signatories, transfer of funds, deposit of government funds and many other unethical financial transactions.”

By Yusuf Alli and Onyedi Ojiabor, Abuja                        Courtesy Of: The Nation

Security chiefs meet with governor

Chief of Defence Staff Air Marshal Oluseyi Petinrin and Acting Inspector General of Police Mohammed Dikko Abubakar were in Kaduna yesterday.

They came to see the devastation of last Sunday’s attacks, comfort the bereaved and assure all that security agents will continue to ensure that those hiding under religion to foment trouble are brought to book.

With the security chiefs were senior military and police personnel.

Kaduna has been engulfed by crisis since last Sunday’s suicide bombings in Zaria and Kaduna.

The security chiefs, who met with Governor Patrick Ibrahim Yakowa, praised the state government for the way it has handled the crisis so far. After the meeting, the security chiefs went round the metropolis to see things for themselves.

Calm is gradually returning to the city after three days of tension. Streets are deserted by residents who have been forced to remain indoors because of the 24 hours curfew imposed on the state by the government.

Investigations revealed that despite the gradual return of calm, there is palpable tension in some parts of the metropolis as residents complain about “fake soldiers” unleashing terror on people.

Although this could not be confirmed as at press time yesterday, the alleged fake soldiers were said to have shot some people in Malali.

However, residents who were caught unaware by the crisis are grappling with hunger as the markets and the banks have remained closed due to the curfew. ATM machines have run out of cash.

Two men who managed to get to one of the ATM machines located in the Kaduna south branch of Access Bank was seen throwing his hands into the air in frustration after being unable to collect money from the machine.

The one of them who refused to identify himself said “I have been to all the banks around here to use my ATM card to collect money, but I cannot. Look at the hardship this nonsense is putting us through. We just came out of the weekend into this mess. Even when I wanted to collect money yesterday, I could not because of long queues and the subsequent confusion in the town.

“I don’t even know what we are going to eat today because we don’t even have food at home. If these mad people don’t kill us, then hunger will definitely kill us. I want to appeal to those responsible for this to please give peace a chance.”

The popular Station Market where fruits are sold was deserted as traders hurriedly abandoned their goods when the crisis broke out.

Majority of vehicles seen on the road yesterday when The Nation went round the city were security vehicles with heavily armed security personnel.

Some security operatives were seen using commercially painted buses, while some operatives were stationed at strategic positions around the city, with a bit more heavy security presence seen around the Sabon Tasha market which was vandalised.

There were no indications last night that the government would relax the curfew to enable residents buy food.

Besides hunger, people are grappling with the lack of pipe borne water. There has been no supply from the Water Board since the crisis began.

 By Tony Akowe, Kaduna          Courtesy Of: The Nation

Federal Govt defends Jonathan’s trip to Brazil

The President was yesterday fighting back on barrage of attacks for his Brazil trip which has been described as “unnecessary”, considering the violence in some parts of the North.

To Dr. Goodluck Jonathan, his critics are unfair.  He has not abdicated his responsibility by travelling  to attend the United Nations  Conference on Climate Change in the Brazilian city of Rio de Janeiro, he said.

As the President spoke in Brazil, his spokesman Dr. Reuben Abati defended his boss and Information Minister Labaran Maku, in Abuja, chided Jonathan’s critics.

The minister said the President could govern from any part of the world, adding that he “is on a working visit to Brazil and not on holidays”.

Dr. Jonathan, who spoke on Tuesday night  while addressing members of the Nigerian community in Brazil, said the country would make progress faster  towards fulfilling its immense potentials, if all Nigerians  support his administration’s transformation plan.

“One of the problems we have is that some Nigerians play politics with everything, but we cannot destroy our country because of personal political ambitions,” the President said.

 “We now have a constitutional democracy and no one can stay in office forever. It will, therefore, be best for our nation if we all support whoever is there for the development of the country, instead of trying to pull him down by all means,” President Jonathan said in response to comments and questions by his hosts on the state of affairs in Nigeria.

The President who also spoke about the country’s security challenge, assured the gathering that the Federal Government was working very hard to overcome the  challenges.

“We have challenges, but they are not insurmountable. We remain fully focused and committed to national development, in spite of sponsored lies against this administration. We are ready to work together with all of our people to move the country forward.  We will work even harder to place concrete realities on the ground that will further prove our sincerity and commitment to all Nigerians,” he pledged.

The President, who thanked  members of the Nigerian community for assembling from all parts of Brazil to receive him in Rio De Janeiro, said: “It is generally known and acknowledged that Nigeria has a very robust Diaspora and we will continue to explore ways of harnessing your skills and talents for the development of our fatherland.” 

Dr. Jonathan will meet with Brazillian President Dilma Rousseff on the sidelines of the Rio + 20 Summit to discuss the enhancement of bilateral cooperation between Nigeria and Brazil, including the strengthening of trade and economic relations as well as a prisoner exchange programme that could benefit Nigerians imprisoned in the South American country. 

In a statement, Abati said the President needed to attend the conference because of its importance to Nigeria and because commitments had already been made on his attendance. 

He said his presence at the summit was in the best interest of the country. 

He said: “The conference, Rio+20, is very important and nobody can doubt that. The issues that will be discussed at this conference are also issues that are relevant to Nigeria’s interest. It is also an opportunity for Nigeria to promote its interest in terms of its place in global community.

“The crisis in Kaduna and Yobe occurred almost on the eve of the President’s departure for this event and commitments have been made. 

“In any event, it is not as if government has abandoned the situation at home. Security agencies are there, they are on top of the situation. 

Maku, who spoke to reporters in Abuja said: “Before the President left, he met with security chiefs. The business of leadership cannot just stop because there is a crisis there.

“I think what we can do is to appeal to the opposition not to always play politics with everything; that is the major challenge we face, people always want to play politics with everything. 

“If the President had refused to come to Rio, the same persons will turn around and say that there is an important conference attended by world leaders and the Nigerian President stayed away from it. 

“It is as if there is nothing you can do to please our people. It is not that Nigeria is going to lose anything by Mr. President’s presence here; rather, the country is going to gain a lot from his presence here. 

“He is here serving the interest of Nigerians it is not as if he has abandoned his responsibilities.”

“There is no vacuum, the most important thing is that the president and the vice president work harmoniously and are in constant touch.

“If the President panics, what will the people do. We must stop making politics out of the unfortunate incidents going on in Northern Nigeria.

“There are people who think that because the President is out of the country he cannot make decision for the country. It is not true. Today, with advanced information technology, every President in this world, anywhere he is, even from the skies, can give directive to any Defence chief to act on any matter in the country.

“We are leaving in a new world and I think people should understand this. We should not play politics with this, “ he said.

By Vincent Ikuomola, Abuja                  Courtesy Of: The Nation