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LG Autonomy: S/Court Reserves Judgement on FG’s Suit against 36 Govs

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By Lubem Myeorny, Abuja

The Supreme Court yesterday reserved judgment in a suit filed by the Federal Government against the governors of the 36 states of the federation over alleged misconduct in the administration of Local Government Areas.

Justice Garba Lawal, who led a seven-member panel of Justices of the apex court reserved judgment after all parties, adopted their various written addresses earlier.

Lawal said the date for judgment will be communicated later.

The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, had on behalf of the federal government sued the 36 states over the manner the governors are running the LGs funds.

In the suit marked SC/CV/343/2024, the AGF prayed the apex court for an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government executives.

Fagbemi in the originating summons is praying the Supreme Court for an order permitting the funds standing in the credits of local governments to be directly channelled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.

He also sought an order of the apex court stopping governors from constituting caretaker committees to run the affairs of local governments as against the constitutionally recognised and guaranteed democratic system.

He applied for an order of injunction restraining the governors, their agents, and privies from receiving, spending, or tampering with funds released from the federation account for the benefit of local governments when no democratically elected local government system is put in place.

Fagbemi asked the apex court to invoke sections 1, 4, 5, 7, and 14 of the constitution to declare that the state governors and State Houses of Assembly are under obligation to ensure a democratic system at the third tier of government.

The suit also wants the apex court to invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.

In a 13-paragraph affidavit in support of the originating summons deposed to by Kelechi Ohaeri from the AGF’s office, Fagbemi averred that he filed the suit under the original jurisdiction of the Supreme Court on behalf of the federal government.

The deponent asserted that the local government system recognised by the constitution is a democratically elected local government council and that the amount due to local government councils from the federation account is to be paid to the local government system recognised by the constitution.

That the governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to, at all times, give effect to the Constitution, and that the Constitution, being the supreme law, has binding force all over the Federation of Nigeria.

Other prayers include: that the constitution of Nigeria recognises federal, state, and local governments as three tiers of government, and that the three recognised tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.

By the provisions of the Constitution, there must be a democratically elected local government system, and the Constitution has not made provisions for any other systems of governance at the local government level other than a democratically elected local government system.

In the face of the clear provisions of the Constitution, the governors have failed and refused to put in place a democratically elected local government system, even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state.

The failure of the governors to put a democratically elected local government system in place is a deliberate subversion of the 1999 Constitution, which they and the President have sworn to uphold.

Fagbemi also said that all efforts to make the governors comply with the dictates of the 1999 Constitution in terms of putting in place a democratically elected local government system have not yielded any result.

The AGF said that the federal government continued to disburse funds from the Federation Account to the governors for non-existing democratically elected local governments to undermine the sanctity of the 1999 Constitution.

He averred that in the face of the violations of the 1999 Constitution, the federal government is not obligated, under Section 162 of the Constitution, to pay any state funds standing to the credit of local governments where no democratically elected local government is in place. 

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CBN Approves Forex Sales to BDCs at N1,590/$

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By Tony Obiechina, Abuja

Central Bank of Nigeria (CBN) has approved sale of foreign exchange worth $20,000 to eligible Bureau De Change operators in the country.

Acting Director of Trade and Exchange Department, Dr W. J. Kanya disclosed this in a statement yesterday.

The statement said the sale will assist operators meet retail market demand for eligible invisible transactions.

The announcement comes hours after the Nigerian naira dropped in value against the dollar to N1,658.

48 in the Nigerian Autonomous Foreign Exchange on Tuesday.

Several parallel market bureau de change operators sold at the rate of N1670/dollar.

The statement reads, “This is to inform the Bureau De Change Operators and the general public that the CBN will be providing additional liquidity to this segment of the foreign exchange market.

“To this end, the CBN has approved the sale of US$20,000.00 to each eligible BDC at the rate of N1,590/$. This is to meet the demand for invisible transactions.”

The apex bank however warned that operators must not sell above one percent of the purchase rate, stressing that the BDCs cannot make more than N15.59 profit on each dollar they sell to their customers.

The intervention will on the long run meet the demand for invisible transactions and curb the widening exchange rate premium observed in the parallel market.

“All BDCs are allowed to sell to eligible end-users at a margin of NOT MORE THAN one percent above the purchase rate from CBN.

“Eligible BDCs interested in this transaction are directed to make the Naira payment to the CBN Deposit Account Numbers with them.“Also, payment confirmation and all necessary documentation for disbursement are to be submitted at the appropriate CBN branches (Abuja, Awka, Kano, and Lagos) for collection of the $20,000.00. Please be guided accordingly,” the statement added.

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Court Sentences Five Offa Bank Robbers to Death after Six-year Trial

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By David Torough, Abuja

Kwara State High Court has sentenced five persons to death for armed robbery.

The five convicts were found guilty of illegal possession of firearms, armed robbery, and culpable homicide by Justice Haleemah Salman of the Kwara State High Court.

They attacked five banks in Offa Local Government Area in 2018 leaving no fewer than 32 people dead, including nine police officers, two of whom were women.

The convicts are: Ayoade Akinnibosun, Azeez Salahudeen, Niyi Ogundiran, Ibikunle Ogunleye, and Adeola Abraham.

The sixth suspect, Michael Adikwu, a retired police officer died in custody before the trial commenced.

Justice Salman handed down the death sentence after a six-year trial that drew widespread attention.

The convicts faced a five-count charge including conspiracy, culpable homicide, illegal possession of firearms, and armed robbery.

Delivering her judgment, which spanned over four hours, Justice Salman found the accused guilty of robbing and killing innocent citizens.

She sentenced them to death by hanging for their roles in the crime.

The court also imposed a three-year prison sentence on the convicts for illegal possession of firearms in line with Nigeria’s penal code.

The judge said, “The convicts acted contrary to the law and allowed their connections with those in power at the time to lead them astray.”

The lead prosecution counsel, Rotimi Jacobs (SAN) expressed satisfaction with the verdict, commending the judge for her thoroughness despite the numerous distractions that prolonged the trial.

On the other hand, defence counsel Abdullah Jimba, who represented Mr. Mathias Emeribe acknowledged that the judgment was expected.

He noted that his principal was already compiling the necessary documents for an appeal.

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Niger Records 182 Casualties  from Boat Mishaps in  Three Years

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By Daniel Amasingha, Abuja

Governor Mohammed Umaru Bago of Niger State yesterday raised the alarm over the high number of lives lost to boat mishaps.

In the last three years, water accidents claimed 182 two casualties.

Bago represented by his deputy, Yakubu Garba stated this at the headquarters of Hydroelectric Power Producing Areas Development Commission (HYPPADEC) in Minna.

The event was the 2024 World Maritime Day and distribution of 33 fibre glass boats to benefiting states.

He commended HYPPADEC for the gesture noting that it will go a long way to ameliorate the suffering of communities in riverine areas of the affected states.

According to him, the state government is committed to ensuring that the inland water ways of the states are safe for water transportation all year round.

“The huge number of loss we have incurred as a result of boat mishaps in the State is unacceptable

“From the available data, the state lost a total of 95 lives in 2022, 68 lives in 2023 and so far this year [2024] 19 casualties have been recorded.

“No life is worthy more than the other. We should all walk the talk to halt the menace,” he noted.

Speaking earlier, the Managing Director of HYPPADEC, Abubakar Sadiq Yelwa said the intervention agency decided on the occasion of the World Maritime Day which to commission fibre glass boats to be distributed to riverine communities along the rivers and lakes of hydroelectric dams across HYPPADEC member states.

On the theme for this year’s World Maritime Day – Navigating the Future: Safety First, he noted that it aligned perfectly with the vision of HYPPADEC.

He said since inception in 2021, the commission has been consistent in its efforts to improve the lives of the people in our member states.

“One of our primary goals has been to enhance marine transportation and mitigate the recurrence of boat mishaps, which have plagued these communities for many years.

“As many of you know, the majority of HYPPADEC communities are riverine, and for these communities, water transportation is not just a means of travel but the backbone of their daily life and commercial activities.

“Unfortunately, this reliance on the water transportation system has come with a heavy price as boat mishaps have equally become recurring issues in the areas.

“From the reports we have been receiving, the accidents were as a result of variety of factors, including the presence of tree logs/water snags, which obstruct the safe passage of boats, overloading, night travels as well as failure to use life jackets by the passengers on board,” Yelwa stated.

According to him, the commission’s finding reveals that the flow of the rivers is often affected by the operations of hydro dams, which complicate navigation for both commercial and private boat operators.

“We cannot forget the painful instances of boat accidents that have claimed lives and caused untold hardship in the communities neighboring the Kainji Lake between the vicinity of Shagunu of Borgu Emirate here in Niger State and Warrah of Yauri Emirate in Kebbi State.

“Recognising the dangers posed by water snags, we collaborated with NIWA to carry out a water snags clearing project.

“Together, we removed a considerable number of tree logs from parts of the Kainji and Shiroro Lakes, significantly reducing the likelihood of boat accidents caused by the snags.

 “We procured and distributed 10,000 life jackets to various communities across the N-HYPPADEC zone. These life jackets were meant to save lives during accident”

 The Managing Director explained that the commission decided to procure fibre glass boats instead of the traditional wooden boats because they are often prone to accidents.

  “They are more durable, safer and offer superior performance in navigating rivers. Unlike the wooden boats, the fiber glass boats are built to withstand the rigors of water travel.

“Even while they have the capacity of carrying 25 persons, they do not easily sink,” he said.Nine HYPPADEC states benefited from the boats distributed with Niger State getting eight, Kebbi six, Kwara and Kogi States receiving four each, Benue three, Nasarawa and Taraba two each and Kaduna one.

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