Nigerian Newspapers
ACN, lawyers fault presidential power
The Action Congress of Nigeria (ACN) yesterday accused President Goodluck Jonathan of insincerity by saying the democratic structure in the states where he has declared a state of emergency will be kept intact. The party accused the President of grabbing power in the states and castrating democracy.
In a statement in Kaduna by its National Publicity Secretary, Alhaji Lai Mohammed, the party quoted from the President’s speech to the nation on May 14, saying: ‘’The details of this Proclamation will be transmitted to the National Assembly in accordance with the provisions of the Constitution. But, in the meantime, let me make it clear that within the purview of this Proclamation, the governors and other political office holders in the affected states will continue to discharge their constitutional responsibilities.’’
It said the gazette published by the Federal Government on the declaration showed that “the President has virtually eviscerated the democratic structure and stripped the political office holders of their constitutional responsibilities, thereby reversing the assurance he gave in his speech on the declaration”.
The ACN also warned that “unless this despotic tendency is checked, nothing prevents the President, in the name of the ongoing fight against Boko Haram, from extending this power grab to other states that catch his fancy.
“This is dangerous and must be checked, in the interest of our democracy,’’ the party added.
The ACN said in accordance with the gazette, the governors and local government chairmen in the states under the state of emergency can only rule under the control of the President or anyone he so designates; the President is allowed to hold state funds; while the House of Assembly is now only a rubber stamp, as any order made under the emergency is deemed to be a law enacted by the House.
The party said it (ACN) has now been vindicated for not only rejecting the proclamation, but for asking the National Assembly to study it well before approving it.
‘’Here is what we said in our statement of May 16th: ‘Truly understanding the proclamation will enable them to make an informed decision when the issue is brought before them.’
‘’We also said that the state of emergency, which is essentially martial law, ‘has castrated democracy in the affected states, even though the democratic structures have been left largely intact’.Our warnings have now turned out to be prescient, a departure from the mass hysteria that greeted the declaration, a departure from the failure of all those who should have seriously scrutinised the declaration.
‘’A nation justifiably angry over the senseless Boko Haram killings, but inexplicably overly exuberant at a time that calls for sober reflection, simply failed to see the booby traps in the state of emergency declaration. Predictably ever-acquiescing Senate went ahead to approve the declaration even before reading its provisions!
‘’But the House of Representatives, whose members are always standing by the people of Nigeria, carefully scrutinised the gazette and acted in the best interest of the people. We salute this great chamber and its truly honourable members. We urge them not to relent until they have succeeded in protecting democracy, even as the country fights the insurgents who have turned parts of our country into a killing field,’’ the party said
The ACN said it had not back-tracked from its rejection of the declaration of emergency rule in the three states.
The party also said it remained convinced that only a combination of a responsible use of force and dialogue – which some have tagged a carrot-and-stick approach – can resolve the Boko Haram crisis and that the use of brute force has never totally resolved any insurgency anywhere.
‘’We do not need any lesson in patriotism and responsible opposition, because every action we have taken has been guided by patriotism and responsible opposition. Our interventions have never been based on cheap popularity but on rare courage and patriotism, and we will not relent in toeing this path,’’ it said.
Senior lawyers said yesterday that the presidential power to spend the cash belonging to the states, amounts to crippling the governors and local government chairmen financially.
Those who commented on the development include professor of Law Itse Sagay (SAN), Mr. Norrison Quakers (SAN), Mrs. Funke Adekoya (SAN) and Alhaji Yusuf Ali (SAN).
Sagay said to start with, the 1961 Act is deformed and no longer a law.
He said the Act was deleted from the country’s laws, with the enactment of the Laws of the Federation, 1990.
Sagay said it was contrary to the provisions of the Constitution, which aptly states the financial independence of each federating unit.
He said: “It is absolutely illegal. The powers of the President and National Assembly are clearly stated in Section 11. Funds are provided for in Section 162 as part of the Federation Account.
“Moreover, there is a Supreme Court pronouncement on that in the case of AG Lagos vs AGF, 2004, where the apex court held that it is illegal for any part of the federating unit to withhold another’s funds.
“If that is the case, it means that the President has applied the use of force to suppress the Constitution. I doubt he will do a thing like that.
“If it is true, the states should immediately file an action at the Supreme Court over their rights.
“But this does not mean that the state of emergency should stop. It should continue until Boko Haram is completely wiped out. The Federal Government has to fund it with its money, unless the states donate money to the Federal Government. It is a thing of force.
“The 1961 Act is deformed and no longer a law. It was deleted when the 1990 Laws of Nigeria were being enacted. So, that provision is contrary to the present Constitution and will amount to an act of nullity because it went away with the First Republic.”
Mrs. Adekoya spoke contradictory provisions in the Emergency Powers Act.
She said: “The Gazette purports to issue Regulations under Section 3 of the Emergency Act 1961. it says:
“2 (1) (2) A state governor or local government chairman in an emergency area shall continue with the general functions of administering the emergency area under the control of the President or any person designated or authorized to act on his behalf;
“(3) says the President may give directions to a governor or chairman directly or through his designate or a duly authorised person with respect to the administration of the emergency;
“3[e] says the President may make orders to provide for the utilization of the funds of any state or local government in the emergency area. This does not empower him to seize the funds of the state or local government;
“He must utilise those funds in the emergency area but may do so in a manner other than as approved in the State Appropriation Law, without breaching the law;
“In effect, the state of emergency has suspended the State Appropriation Law, Section two of the Regulations as gazetted is contrary to Section four of the Act which states that the regulations made under Section 3 ;may provide for empowering such authorities or persons as may be specified in the regulations to make orders and rules;
“In the regulations now made, the persons to act for the President in Section two are not stated.”
Quarkers said the Constitution neither provided for nor envisaged such actions.
He said the Fiscal Responsibility Bill states that governors are responsible to their Houses of Assembly.
“The governors are empowered to expend their money subject to the approval of their state Houses of Assembly. It is unconstitutional for the President to assume such powers as withholding or expending the state allocation because no provision empowers him to do that.”
Ali said the provision does not accord with the dictates of the constitution.
He said: “It does not accord with the dictates of the constitution for the President to withhold state funds using state of emergency as an excuse.
“If media reports to the effect are true, then the action would amount to an illegality. It may require further interpretations by the Supreme Court to set the matter straight in such a circumstance.
“That will amount to dissolution of the elected state executives and legislative arms of the government in the affected states, if it’s true.”
More senior lawyers disagreed on the propriety of the powers granted the President under the state of emergency.
Chief Felix Fagbohungbe (SAN) and Dr. Ahmed Mohammed faulted what they described as an attempt to take over the responsibilities of the governors and legislature (with the exclusion of security issues). Dr Joseph Nwobike (SAN) and Sebastine Hon (SAN) said the President was in order.
Fagbohungbe argued that the President, having decided to retain democratic institutions in the affected states, should allow them to perform their roles.
“In as much as he did not remove the governors and the Houses of Assembly, they should be allowed to perform their roles, with the exception of security issues.
“The President, by his proclamation, said he was taking over issues of security in those states. His intervention should be limited to security issues,” he said.
Fagbohungbe blamed the controversy that greeted the emergency declaration on the failure of the Constitution in Section 305 to spell out the mode and shape a state of emergency should assume.
“There is no law to explain how state of emergency should be. Section 305 only gave how it should be declared.
“The National Assembly should learn from this and make laws to regulate and spell out how a state of emergency should be operated,” Fagbohungbe said.
Mohammed said the President should allow the democratic institutions and offices in the affected states to function, having chosen to retain them.
————————————————————————————————————————-
Posted in Nigerian Newspapers. A DisNaija.Com network.
Source: The Nation Newspaper
DisNaija.Com publishes regular posts on Nigeria News, Nigerian Newspapers, Online Nigeria Gist.
Follow us on Twitter and Facebook.
Nigerian Newspapers
Follow @Dis_Naija
Your Opinion Counts. Be sure To Leave A Comment, If You Have Any.
Please Like, Share or Tweet. Your Support Is Appreciated.
Tribune Online
Nigeria records 55 new COVID-19 infections, total now 165,110
The Nigeria Centre for Disease Control (NCDC) has recorded 62 new cases of COVID-19, bringing the total number of infections in the country to 165,110. The NCDC disclosed this on its official Twitter handle on Friday. “55 new cases of #COVID19Nigeria; Lagos-21, Yobe-19, Ogun-6, Akwa Ibom-3, Kaduna-2, Plateau-2, FCT-1, Rivers-1.” YOU SHOULD NOT MISS THESE HEADLINES FROM NIGERIAN TRIBUNE COVID-19: Nigeria Recorded […]
Nigeria records 55 new COVID-19 infections, total now 165,110
Tribune Online
Sourced From: Tribune Online
•Deploy more personnel as army chief vows to wipe out terror group
•Security beefed up at N’Assembly
Deji Elumoye and Kingsley Nwezeh in Abuja
Abuja, Nigeria’s seat of power, is under a massive security cordon following threats of attacks by insurgents and the increasing wave of banditry in the contiguous states of Kaduna, Kogi, Nasarawa and Niger States, THISDAY’s investigation has revealed.
There has been a wave of kidnappings in the outskirts of the federal capital, notably Pegi, Tuganmaje and Kuje among others, which the police have battled in recent times.
The security situation in and around the Federal Capital Territory (FCT) was heightened by the pronouncement of the Niger State Governor, Mr. Sani Bello, that Boko Haram fighters who he said sacked 50 villages in the state and hoisted the terror group’s flag, were about two hours drive away from the FCT.
Security has also been beefed up at the National Assembly as operatives, yesterday, thoroughly screened every vehicle approaching the National Assembly complex in Abuja.
The deteriorating security situation nationwide prompted the National Chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus, to warn that the 2023 general election may not hold, demanding the declaration of a state of emergency as well as the convocation of a national conference.
However, the Chief of Army Staff, Lt. Gen. Ibrahim Attahiru, yesterday restated the Nigerian Army’s determination to annihilate Boko Haram.
But the Governor of Katsina State, Hon. Bello Masari, cautioned against declaring a state of emergency, saying doing so isn’t the solution to combat the security challenges facing the country.
The security of the nation’s airports was also in focus yesterday as the Office of the National Security Adviser (ONSA) said there was no threat to them.
THISDAY’s investigations showed increased presence of troops, police, Nigerian Security and Civil Defence Corps (NSCDC) personnel and intelligence operatives at the three strategic entrances to the city notably, Keffi, Zuba and Gwagwalada.
More checkpoints were also mounted around Gwagwalada and Keffi.
THISDAY also observed increased intelligence deployment at the entrance and the borders of FCT with contiguous states.
Beyond the borders, there were more deployments and police patrols inside the city and increased intelligence deployments as well.
Security sources told THISDAY: “There are deployments here and there but they are routine. Alertness is key to a secure environment.”
It was also learnt that security agencies were involved in frenzied meetings throughout yesterday.
The meetings, coordinated by the office of the Chief of Defence Staff under the new joint operational strategy of the armed forces, were aimed at coordinating a joint response to possible threats of attack to the FCT.
“I understand the security teams have been meeting for some days now and if you look around you, you will notice that there are increasing patrols and numbers of security personnel. The threats are not been taken lightly,” a source said.
National Assembly workers, lawmakers and visitors also had a harrowing experience accessing the legislative complex due to heightened security in the area.
Security operatives thoroughly screened every vehicle approaching the National Assembly complex in Abuja, impeding both human and vehicular traffic.
The Sergeant-at-arm of the National Assembly and other security agencies supervised the operations, leading to huge traffic build-up inside the complex.
Legislative staff, visitors and lawmakers were seen patiently waiting for their cars to be searched so that they could go ahead with the business of the day.
Some staff and visitors at some point got tired of waiting and were seen alighting from their cars to trek from the gate to the complex.
Meanwhile, the ONSA has said there is no threat to the nation’s airports.
A statement by the Head of Strategic Communication, Mr. Zachari Usman, said the reports of threats to the airports were an internal correspondence of security threat assessment misconstrued as security threat to the airports.
PDP Demands State of Emergency
In a related development, the PDP National Chairman, Prince Uche Secondus, yesterday demanded the declaration of a state of emergency, warning that the 2023 general election might not hold if the federal government failed to tackle insecurity.
He called on the federal government to summon a national conference to address the spike in insecurity.
Secondus added that the national caucus of the party will meet today to discuss the state of the nation.
Addressing members of the National Executive Committee (NEC) in Abuja, Secondus said: “We are worried Abuja is not even safe. It is no longer politics. We got alert of plots to bomb and burn down our airports.
“We urge the federal government to declare a national state of emergency in security. There is the need to call a national conference to discuss the insecurity in the country.
“There may not be any election in 2023 in Nigeria due to insecurity. This government must listen to the people. The Buhari government should call a national confab to discuss security and state of the nation. It is no longer politics. This time we are not playing politics. Let’s keep politics aside and move the nation forward.”
He said the country had been grounded, regretting that there had been no matching response from the federal government.
Secondus said in the past, terrorism in the North was confined to the North-east, but with the report of Boko Haram occupying villages in Niger State, terrorism had spread to the North-central
“Herdsmen are also menacing in the West; gunmen causing havoc in the East; and the militants in the South; all killing, looting, raping, maiming and burning down homes. The situation is bad; Nigerians all over are living in fear,” he said.
The Senate Minority Leader, Senator Enyinnaya Abaribe, said the problem of Nigeria was outside of the PDP headquarters, while pledging the support of the Senate to the declaration of state of emergency in security.
Abaribe said he deliberately decided not to speak on the floor of the Senate but to allow the APC senators to speak so as to avoid being accused of giving a partisan colouration to the issue of insecurity.
He stated that only electoral reforms would give victory to the opposition party in the 2023 general election and ensure a democratic defeat of the APC-led federal government.
Also, the Minority Leader of the House of Representatives, Hon. Ndudi Elumelu, commended the NEC and the PDP leadership for their collective efforts at resolving the House leadership crisis.
The NEC meeting adopted the position of Secondus, calling on the federal government to convoke a national conference to discuss the state of insecurity in the country, according to a communiqué read by the National Publicity Secretary, Mr. Kola Ologbondiyan.
Army Chief Vows to Wipe Out Boko Haram
The army yesterday reiterated its commitment to wipe out Boko Haram.
Chief of Army Staff (COAS), Lt. Gen. Ibrahim Attahiru, told reporters in Maiduguri, Borno State that Boko Haram had been defeated in many encounters and would continue to be defeated until it’s annihilated from Nigeria.
“We will take on Boko Haram decisively, and we are committed to the focus of the operations, which is the total annihilation of Boko Haram from Nigeria,” he said.
The COAS, who was visiting the headquarters of Operation Lafiya Dole in Maiduguri for the fifth time since his appointment four months ago, said the visit was to boost the morale of the troops, reassure them and listen to any issues affecting them.
Earlier, the Theatre Commander of Operation Lafiya Dole, Maj. Gen. Farouq Yahaya, lauded the visit, which he said had continued to boost the morale of the troops.
“We are honoured, we are grateful, we are encouraged by those visits. You provided us guidance, logistics and other things we required. We are most grateful for those visits,” Yahaya said.
State of Emergency Won’t Solve Security Challenges, Says Masari
Katsina State Governor, Hon. Aminu Masari, has, however, said declaration of a state of emergency won’t solve the security challenges facing the nation.
Masari, who spoke yesterday with journalists after meeting with the Chief of Staff to the President, Prof. Ibrahim Gambari at the State House, Abuja stated that he was against the recent call by the House of Representatives for the declaration of a state of emergency in the security sector as it would not solve the problem.
According to him, declaring a state of emergency will not achieve the desired effect as the security structure and personnel to be used to execute the emergency are already overstretched in a bid to safeguard lives and property.
Sourced From: THISDAYLIVE
Kamaru Usman has raked in a mammoth £1.1million, about N584.2 million after his impressive knockout victory over Jorge Masvidal on Saturday night, Sportivation.com.ng reports.
The Nigerian Nightmare has been handsomely rewarded for his stunning performance and he was the best-paid fighter on the card which was witnessed by 15, 000 fans in Florida.
According to Daily Mail, Usman earned £538,000 to show up, £459,000 pay-per-view bonus, a £43,000 sponsorship bonus and a well deserved £35,000 Performance of the Night bonus.
Jorge Masvidal also earned £358,000 to show, £186,000 in pay-per-view money and a £28,000 sponsorship bonus.
This is the biggest payday of Usman’s career so far and the Welterweight champion also benefited from the fact that Masvidal is also a top draw for the fans.
Kamaru Usman is a Nigerian-American professional mixed martial artist, former freestyle wrestler and graduated folkstyle wrestler.
Sourced From: Latest Nigeria News, Nigerian Newspapers, Politics
The government said that no worker should stay back beyond 6:00 p.m. within premises of buildings undergoing construction.
The post Insecurity: Lagos bans occupation of abandoned buildings appeared first on Premium Times Nigeria.
Sourced From: Premium Times Nigeria
Nigeria records 55 new COVID-19 infections, total now 165,110
Military, Police Ring Abuja to Forestall Boko Haram Attack
UFC: Usman gets N584m after beating Masvidal
Insecurity: Lagos bans occupation of abandoned buildings
Buhari Will Win In 2019: US Institute
The United States Institute of Peace (USIP) has predicted that President Muhammadu Buhari will win the 2019 election. The organisation...
Why Buhari Deserves Second Term – Lai Mohammed
The Minister of Information and Culture, Alhaji Lai Mohammed has said that President Muhammadu Buhari deserved second term election because,...
Atiku Presidential Campaign Council: PDP Releases List of Members
The Peoples Democratic Party (PDP) on Tuesday released the list of party members to handle the campaign team of the...
Obasanjo Forgives Atiku, Endorses Him For President
Former President Olusegun Obasanjo on Thursday said he has reviewed his stance on not backing his former deputy for the...
Buhari, Atiku In Battle Of Integrity Over 2019 Poll
THE brickbats continued yesterday between President Muhammadu Buhari and former Vice President Atiku Abubakar. The All Progressives Congress (APC) and...