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Falana: N110bn Palliative to NASS Members Illegal

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Palliatives to NASS members

By Prominent human rights lawyer, Femi Falana, Sunday condemned the National Assembly’s decision to allocate N70 billion as palliatives for its members, labeling it as illegal and contemptuous.

In a press statement, Falana called attention to the blatant breach of the relevant provisions of the Nigerian Constitution and urged the immediate reversal of these controversial measures.

The allocation of N70 billion, disbursed among 306 newly elected members, in addition to N40 billion set aside for the purchase of Sports Utility Vehicles (SUVs) and bulletproof cars for principal officials and members, has sparked public outrage.

Falana emphasized the callousness and insensitivity displayed by the National Assembly, especially when considering the economic hardships endured by the majority of Nigerians.

According to Senior Advocate (SAN), these decisions blatantly contravene Section 70 of the Constitution of the Federal Republic of Nigeria, 1999, which outlines the appropriate remuneration and allowances for members of the National Assembly.

Read Also: NASS Will Provide Resources in 2022 Budget to Fight COVID-19 – Lawan

Citing recent court judgments, including Monday Ubani & Anor vs Attorney-General of the Federation & Ors and the case filed by the Socio-economic Rights Accountability Project (SERAP), Enough is Enough (EiE), and BudgIT against the National Assembly, Falana affirmed that the judiciary had already ruled against such excessive allowances.

The Federal High Court, in both cases, declared that the National Assembly Service Commission has no authority to determine the remuneration and allowances of its members. The court emphasized the need for the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC) to review and adjust salaries and allowances in line with the country’s economic realities.

Falana stressed that these judgments remain valid and binding, and the National Assembly’s actions are therefore illegal and contemptuous. He called on the leadership and members of the National Assembly to reverse the controversial allowances and the purchase of luxury vehicles.

In the event that these actions are not promptly rectified, Falana urged the RMAFC to take immediate measures to prevent further usurpation of its constitutional functions. He warned that failure to do so would result in contempt proceedings against the Chairman of the RMAFC and the leaders of both chambers of the National Assembly.

“Out of sheer insensitivity coupled with impunity, the members of the National Assembly, regardless of political affliation, conspired to breach the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 by padding the Supplementary Appropriation Bill, 2023 to provide the so called palliative of N70 billion for 306 newly elected members. While the masses of Nigeria are groaning under the excruciating economic pains unleashed on them by the ruling class, the National Assembly has awarded N228.7 million to each of the newly elected legislators.

“As if that is not enough, the members of the National Assembly have earmarked N40 billion to purchase 465 Sports Utility Vehicles (SUVs) and bulletproof cars for principal officials and members. However, the legislators approved the sum of N500 billion for 12 million indigent people in a country where the National Bureau of Statistics has said that “62.9 percent of people (133 million) are multidimensionally poor.”

“The callous and insensitive decisions of the members of the National Assembly constitute a flagrant contravention of Section 70 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, which stipulates as follows: ‘A member of the Senate or of the House of Representatives shall receive such salary and other allowances as Revenue Mobilisation Allocation and Fiscal Commission may determine’,” the statement read in part.

Making reference to a previous case, Falana said, “In Monday Ubani & Anor. v Attorney-General of the Federation & Ors (Suit No FHC/LA/CS/690/ 2018), the learned trial Judge, Professor Chuka Obiozor had cause to interpret the above provision of the Constitution when he held that, “The national assembly service commission has no power whatsoever to fix and determine or allocate the remuneration, allowances, salaries, emoluments or monetary values to the members of the national assembly.” His Lordship observed that “Given many years of extreme poverty in the country, and the inability of several state governments to pay salaries of workers and pensions, the refusal or failure of the Revenue Mobilisation, Allocation and Fiscal Commission to review and cut the salaries and allowances of members of the national assembly is a gross violation of the 1999 Nigerian Constitution (as amended) and the commission’s own Act.”

“For the avoidance of doubt, the learned trial Judge held that, “The allowances of wardrobe, newspapers, kitchen travelling domestic and constituency project allowances of the members of the national assembly are never contemplated or in the intendment of the constitution which created them and specified how they can be remunerated.” Consequently, the Court ordered the RMAFC to review the salaries and allowances of members of the national assembly to reflect the country’s current economic realities.

“The epochal judgment was adopted by the Federal High Court in the similar case (Suit No FHC/LA/CS/943/2019) filed by the Socio-economic Rights Accountability Project (SERAP), Enough is Enough (EiE), and BudgIT against the National Assembly on the same subject matter and assigned to the same Judge.

“It is pertinent to note that both judgments of the Federal High Court have not been set aside by any higher court. Neither has the execution of the judgments been stayed or varied either by the Federal High Court or the Court of Appeal. Therefore, since the judgments are valid and subsisting, they are binding on all members of the Legislative and Executive Organs of the Federal Government.

“In view of the foregoing, it is crystal clear that by approving allowances in the form of palliatives for themselves without the approval of the Revenue Allocation Mobilization and Fiscal Commission the members of the National Assembly deliberately acted illegally and contemptuously. As such actions cannot be justified in a democratic society which claims to operate under the rule of law, we are compelled to call on the leaders and members of the National Assembly to reverse the scandalous palliatives and purchase of exotic vehicles.

“However, if the illegal decisions are not reversed, we call on the Revenue Allocation Mobilization and Fiscal Commission to take urgent steps to prevent the National Assembly from further usurping its constitutional functions. Otherwise, we are going to commence contempt proceedings against the Chairman of the RAMFC and the leaders of both Chambers of the National Assembly”.

Catholic Bishop Tasks FG on Even Disbursement of Palliative

The Auxillary Bishop of Abuja Archdiocese, Anslem Umoren, has urged the Federal Government to ensure even disbursement of the N8,000 palliative to the targeted beneficiaries to alleviate the suffering of poor and vulnerable Nigerians.

Umoren made the call yesterday while speaking with the journalists on the sidelines of the Mass and Charter Presentation ceremony of Serra Club, Garki, Abuja.

“I want to call on the government to do all it planned to alleviate the sufferings of the people, it cannot be business as usual.

“I don’t want to believe all that I am seeing in the media is true; 8,000 households, which data are you using? who is going to benefit from it? We are over 200 million.

“They need to rethink what they are trying to do to make sure that what they are doing will reach out to everyone, otherwise it will be the same as before,” he said.

The Bishop also encouraged the new President and officers of the Club to adhere to their mandate towards promoting and supporting the vocation.

Also commenting, former Minister of Women Affairs, Mrs Pauline Tallen lauded the federal government efforts, adding that it would reduce the hardship caused by fuel subsidy removal.

“I want to commend the president for taking that step and also the National Assembly for passing that because the problem created by subsidy is biting everybody hard in Nigeria.

“With this palliative, it will cushion the effects of what everybody is feeling, especially the low income people.

“So it is highly commendable and very soon the pressure of this will stem down and everybody will enjoy normal life,” she said.

Tallen, who is also the mother of the day, enjoined members of the Club to commit towards promoting the vocation and evangelism for the betterment of the nation.

The newly installed President of the Club, Mrs Justina Avong-Maimagani, reiterated commitment towards promoting evangelism.

“Our duty is to make sure that the Church continues growing and members grow spiritually.

“It is not enough to make sure there are labourers in the vineyard, but also ensure that you yourself is worthy and qualified spiritually to do the work.”

Maimagani, also advised Christians to show love, peace and tolerance wherever they are.

“A Christian has the duty to peace in the society because our Lord Jesus Christ is peace.

“And that is exactly what he came to do. So you cannot call yourself a Christian and you are not a peaceful person in your home, smaller group and wherever you are,” she said.

Also, Mrs Jummai Idonije, a member of the Club and former Special Adviser, Technical, Federal Ministry of Women Affairs, stressed the need for the Club to spread its outreach within the FCT and other northern region.

This, she said, would promote religious life and moral standard of citizens.

Highlights of the event was the installation of the President and officers of the Club to run its affairs in the next two years.

It will be recalled that the federal government has announced plans to disburse N8,000 palliative to 12 million Nigerians over a period of six months,  to mitigate the effect of subsidy removal on vulnerable households.

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Yahaya Bello to Spend Christmas, New Year in Kuje Prison

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By Mike Odiakose, Abuja

Immediate past governor of Kogi State, Yahaya Bello will spend the 2024 Christmas and 2025 New Year days in Kuje prison, Abuja, following refusal of his bail application by the Federal Capital Territory High Court.

Justice Maryann Anenih yesterday adjourned the case until Jan.

29, Feb. 25, and Feb. 27, 2025 for the continuation of the hearing.

The former governor is standing trial, along with two others, in an N110 billion money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).

Justice Anenih had refused to grant a bail application filed by Bello, saying it was filed prematurely.

The judge admitted Umar Oricha and Abdulsalam Hudu, to bail in the sum of N 300 million each with two sureties.

Justice Anenih, while delivering a ruling said, having been filed when Bello was neither in custody nor before the court, the instant application was incompetent.

“Consequently, the instant application having been filed prematurely is hereby refused,” she said.

Recalling the arguments before the court on the bail application, the judge had said, “before the court is a motion on notice, dated and filed on Nov. 22.

“The 1st Defendant seeks an order of this honourable court admitting him to bail pending the hearing and determination of the charge.

“That he became aware of the instant charge through the public summons. That he is a two-term governor of Kogi State. That if released on bail, he would not interfere with the witnesses and not jump bail.”

She said the Defendant’s Counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to grant the bail.

He urged the court to exercise its discretion judicially and judiciously to grant the bail.

Opposing the bail application, the Prosecution Counsel, Kemi Pinheiro, SAN, argued that the instant application was grossly incompetent, having been filed before arraignment.

He said it ought to be filed after arraignment but the 1st Defendant’s Counsel disagreed, saying there was no authority

“That says that an application can only be filed when it is ripe for hearing.”

Justice Anenih held that the instant application for bail showed that it was filed several days after the 1st defendant was taken into custody.”

Citing the ACJA, the judge said the provision provided that an application for bail could be made when a defendant had been arrested, detained, arraigned or brought before the court.

Bello had filed an application for his bail on November 22 but was taken into custody on November 26 and arraigned on Nov. 27.

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Middle Belt Group Tasks FG on Resettlement, Safety of IDPs

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From Jude Dangwam, Jos

Conference of Autochthonous Ethnic Nationalities Community Development Association (CONAECDA) has called on the federal government to intensify efforts in the resettlement of displaced persons in their ancestral homes.

The organization made this call at the end of its conference held in Jos, the Plateau State Capital weekend.

Thirty resolutions were passed covering security, economy, politics, governance, culture, languages, human rights and indigenous peoples’ rights among others.

The Conference President, Samuel Achie and Secretary Suleman Sukukum in a communique noted that the conference received and discussed reports from communities based on which resolutions were reached on securing, reconstruction, rehabilitation and returning communities displaced by violence across the Middle Belt.

“After considering the reports from communities displaced by violent conflicts, conference resolved, and called on government to focus on providing security to deter further displacements.

“Call on government to provide security to enable communities to return. Government and donor partners should assist in reconstructing and returning displaced communities,” the communique stated.

The GOC 3 Armoured Division Nigeria Army represented by Lt Col Abdullahi Mohammed said the Nigerian Army is committed to working closely with communities to achieve a crime-free society, urging communities to support them with credible information.

“Security is a collective effort, and we cannot do it alone, the community plays a crucial role in ensuring safety.

“We urge everyone here not to shield or protect individuals involved in criminal activities. Transparency and collaboration, together, with maximum cooperation, we can achieve peace, security, and prosperity for our society,” the GOC stated.

The National Coordinator of CONECDA, Dr. Zuwaghu Bonat in his address at the gathering noted that the theme of this year’s program, Returning, Resettling, and Rehabilitating Displaced Communities, was chosen as a wakeup call on the federal government.

He maintained that the organization is aware that President Bola Tinubu has expressed a commitment to ensuring that displaced communities return to their ancestral lands.

He said similarly, some state governments, including Plateau State, have set up committees to address the lingering matter.

The coordinator however cautioned, “It is critical that we avoid generalizations or profiling. For instance, Not all Muslims are involved in terrorism. The overwhelming majority of Muslims in Nigeria are peaceful and reject extremist ideologies. 

“We also know that some terrorists exploit religion to mobilize support or rationalize their actions. However, their atrocities – slaughtering women, cutting open pregnant mothers, and killing children show a profound disregard for humanity and God. Normal human beings would not commit such acts. 

“We must also be cautious about lumping banditry with terrorism. While statistics indicate that many bandits and kidnappers may share similar ethnic backgrounds, kidnapping has now evolved into a profit-driven enterprise. This distinction is vital to address the root causes effectively,” he stated.

The Governor of Plateau State, Caleb Mutfwang represented by his Senior Special Assistant (SSA) on Middle Belt Nationalities, Hon Daniel Kwada noted that the conference was apt to addressed the various underlying issues bedeviling the region and its people.

“We in the Middle Belt have long been standing at the crossroads of Nigeria’s complex history. Despite our tireless efforts to stabilize this nation, we have faced immense challenges, including underdevelopment, security issues, and marginalization.

“Often, we are unfairly maligned, but gatherings like this offer a chance to change the narrative. 

“Such conferences set the tone for better discussions. They allow us to drive processes that bring development, ensure security, and elevate our people to greater heights,” Mutfwang noted.

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Recapitalisation: SEC Charges Banks to Strengthen Corporate Governance

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Securities and Exchange Commission (SEC) has called on banks to reinforce their corporate governance principles and risk management frameworks to boost investor confidence during the ongoing recapitalisation exercise.

Dr Emomotimi Agama, Director-General, SEC, said this at the yearly workshop of the Capital Market Correspondents Association of Nigeria (CAMCAN) held in Lagos.

The theme of the workshop is: “Recapitalisation: Bridging the Gap between Investors and Issuers in the Nigerian Capital Market”.

Agama, represented by the Divisional Head of Legal and Enforcement at the SEC, Mr John Achile, stated that the 2024–2026 banking sector recapitalisation framework offers clear guidance for issuers while prioritising the protection of investors’ interests

He restated the commission’s commitment towards ensuring transparency and efficiency in the recapitalisation process.

The director-general stated that the key to bridging the gap between issuers and investors remained the harnessing of innovation for inclusive growth.

In view of this, Agama said, “SEC, through the aid of digital platform, is exploring the integration of blockchain technology for secure and transparent transaction processing to redefine trust in the market.”

He added that the oversubscription of most recapitalisation offers in 2024 reflects strong investor confidence.

To sustain this momentum, the director-general said that SEC had intensified efforts to enhance disclosure standards and corporate governance practices.

According to him, expanding financial literacy campaigns and collaborating with fintech companies to provide low-entry investment options will democratise access to the capital market.

He assured stakeholders of the commission’s steadfastness in achieving its mission of creating an enabling environment for seamless and transparent capital formation.

 “Our efforts are anchored on providing issuers with clear guidelines and maintaining open lines of communication with all market stakeholders, reducing bureaucratic bottlenecks through digitalisation.

“We also ensure timely review and approval of applications, and enhancing regulatory oversight to protect investors while promoting market integrity,” he added.

Agama listed constraints to the exercise to include: addressing market volatility, systemic risks, limited retail participation as well as combating skepticism among investors who demand greater transparency and accountability.

He said: “We are equally presented with opportunities which include leveraging technology to deepen financial inclusion and enhance market liquidity.

“It also involves developing innovative financial products, such as green bonds and sukuk, to attract diverse investor segments.

“The success of recapitalisation efforts depends on collaboration among regulators, issuers, and investors.”

Speaking on market infrastructure at the panel session, Achile said SEC provides oversight to every operations in the market, ranging from technology innovations to market.

He stated that the commission is committed to transparency and being  mindful of the benefits and risks associated with technology adoption.

Achile noted that SEC does due diligence to all the innovative ideas that comes into the market to ensure adequate compliance with the requirements.

On the rising unclaimed dividend figure, Achile blamed the inability of investors to comply with regulatory requirements and information gap.

He noted that SEC had done everything within its powers to ensure that investors receive their dividend at the appropriate time.

He, however, assured that the commission would continue to strengthen its dual role of market regulation and investor protection to boost confidence in the market.

In her welcome address, the Chairman of CAMCAN, Mrs Chinyere Joel-Nwokeoma, said banks’ recapitalisation is not just a regulatory requirement, but an opportunity to rebuild trust, strengthen the capital market, and drive sustainable growth.

Joel-Nwokeoma stated that the recent recapitalisation in the banking sector had brought to the fore the need for a more robust and inclusive capital market.

She added that as banks seek to strengthen their balance sheets and improve their capital adequacy ratios, it is imperative to create an environment that fosters trust, transparency, and cooperation between investors and issuers.

The chairman called for collaboration to bridge the gap between investors and issuers to create a more inclusive and vibrant Nigerian capital market.She said: “we must work together to strengthen corporate governance and risk management practices in banks, enhance disclosure and transparency requirements for issuers.” NAN

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