FG to Tambuwal: "You are no longer a member of the House of Reps"

In a swift response to the suit filed by Aminu Tambuwal, the Federal Government has on Wednesday, November 5 2014 filed a Counter Affidavit and Written Address.

In the written arguments filed by FG’s legal team, Dr Fabian Ajogwu SAN and Mr Ade Okeaya-Inneh SAN on Wednesday, November 5, 2014, the Federal Government is asking the Court to first determine the status of Tambuwal who voluntarily vacated his membership seat of the House of Representatives. They are asking the Court to determine if indeed Tambuwal was still a member of the House and if vacated his membership seat, he could still be talking of being the Speaker. They also argue that this is a case that should be determined on its merits and not by interlocutory injunction on reliefs that are essentially the substance of the case. 

Citing Section 215 (5) of the 1999 Constitution as amended, the Federal Government through its Counsel asked the Court to turn down Tambuwal’s prayer for a mandatory injunction on the IGP to restore Tambuwal’s security detail as the Courts constitutionally lack the powers to do so. It is also the Federal Government’s contention that the issue of security details is neither a constitutional nor statutory right but a mere privilege, at the discretion of the IGP.

On Tambuwal’s prayer for an Order restraining the House of Representatives from removing him, Learned Counsel to the Federal Government argued that such a relief was not grantable as an Injunction cannot be sought and granted for a completed act. Citing the Supreme Court in Alegbe V. Oloyo, the FG contends that by defecting from the PDP to the APC, Tambuwal had already automatically vacated his seat and therefore, there was no need for anyone to do anything more as there was nothing to impeach or remove. They urge the Court to determine the matter on the merits since Tambuwal’s transformation from a Speaker to a non-member of the House had become the main issue to be determined by the Court.

The Court had adjourned the matter to Friday, November 7, 2014 after declining Tambuwal’s application for exparte injunction but ordering that the status quo be maintained at least until Friday Nov 7.

Extrajudicial killings: Soldiers shoot 16 men to death in Potiskum

According to an AFP report, on Wednesday, 5 November, after morning prayers, Nigerian soldiers rounded up 17 people, including an imam, from the Dogo Tebo area of Potiskum in Yobe state.
The 16 men who were arrested by the soldiers were found dead hours later with bullet wounds.
Residents and hospital staff said the bodies of the men, except the Imam were later found in the morgue at the Potiskum General Hospital.
A nurse who asked not to be identified because he was not authorised to speak to the media told AFP that, “All the bodies have gunshot wounds on them.”
“The bodies had been brought in by soldiers and were formally identified by community leaders and residents from Dogo Tegbo.”
A resident, Tukur Danu, said the cleric was not among the dead, saying: “We are worried about what they could do to him.”
According to leaders of the community, the 16 men were picked up and killed because they were from the Kanuri ethnic group that forms the majority of Boko Haram’s membership.
A community leader in Dogo Tebo, asked for a probe, while commenting on the killings.
He said, “We demand a probe into this unjustifiable murder. We believe they were killed on suspicion of being Boko Haram because they were Kanuris. ”
“The government should look into this cold-blooded murder and ensure justice is done because being a soldier is not a licence to kill at will on mere suspicion,” he added.
“Our fear is we don’t know what they will do next,” he said, adding that three more people were arrested late on Wednesday in the same area.
On Monday, at least 15 people were killed and some 50 others were injured in a suicide bombing targeting a major Shia Muslim festival in Potiskum.
Nigeria’s military have been previously accused of carrying out extra-judicial killings in the fight against Boko Haram, by Human rights groups in Nigeria and beyond.
In March, Amnesty International said that there was “credible evidence” that more than 600 people were summarily executed in the Borno state capital, Maiduguri, after a Boko Haram jail break.
In August, a video was released by the organisation, where some “soldiers” were caught on camera slitting the throats of rounded Boko Haram suspects, one after the other, and dumping them en masse into graves. The Nigeria Army would however, release a statement, saying that the men in uniform were not members of the Army.

 

‘Naira may be devalued as oil price slumps’

There may be devaluation of the naira as a result of the drop in global oil prices, Reuters reported  yesterday.

Nigeria, the continent’s top producer, relies on oil for only 14 percent of its gross domestic product (GDP) but crude makes up 95 percent of foreign exchange and about 80 percent of government revenues, both of which have shrunk rapidly as Brent crude lost more than a quarter of its value since June.

Foreign portfolio investors fearing heavy losses on the currency have pulled out — the main share index hit a 16-month low and the yield on government bonds rose 10 basis points on Wednesday.

The naira has lost around 4 percent this year, prompting the central bank to hold frequent additional dollar sales and lower the limit on banks’ foreign currency borrowing in efforts to prop it up.

At around 167 to the dollar, it is well outside the central bank’s target band of 3 percent plus or minus 155 to the dollar. The last time it was in the target range was in late January.

Foreign reserves fell rapidly from a peak of $48.9 billion in May 2013 to just $36 billion in June. They have since rebounded slightly and are currently around $38.3 billion.

Despite these losses, analysts say that a devaluation before the elections, when President Goodluck Jonathan will seek a second term, would be so unpopular that it’s unlikely unless oil prices, now at $82 a barrel, tumble further and force the bank’s hand.

“It will take some time of relatively low prices … before you see foreign reserves really being gobbled up,” Matthew Searle, senior African analyst at Business Monitor International, said.

“If oil prices fall further to the $60s or $70s a barrel, then the central bank will become the main source of dollars,” and will have to decide for how long it can keep up the fight.

At what point it throws in the towel is hard to tell.

Alan Cameron, London-based economist at Nigeria’s First City Monument Bank, thinks reserves would likely have to slide to close to $30 billion before a “last resort” devaluation would be considered.

The last time the bank lowered its target range for the currency was in late 2011 after the naira came under speculative attack and tight monetary policy failed to defend it.

In addition to a weak currency, Nigeria faces an increasing squeeze on its government finances.

Finance Minister Ngozi Okonko-Iweala told journalists last week that “Nigeria is not broke”, and analysts agree the country is a long way from struggling to meet its commitments.

Yet a squeeze on funding is being felt. A source at the national assembly said money for projects is not being dispersed as easily as before oil prices fell. An official at a construction company, who declined to be named, said payments for a number of projects are in arrears.

Oil analysts do not anticipate Brent recovering to over $100/bl with an average of $93.70/bl expected in 2015. A production cut by the Organisation of the Petroleum Exporting Countries (OPEC) seems unlikely.

Oil producers have become accustomed to high oil prices, which have held largely above $100/bl since the Arab Spring in 2011, and all are having to adjust to the new climate.

“There was significant fiscal expansion since 2010 as they were used to much higher oil prices, which makes the current price really problematic,” Samir Gadio, Head of Africa Strategy at Standard Chartered Bank in London, said.

“You really wonder how they will cope if prices stay at $85-90 a barrel and sustain the existing position,” he said, adding that even with prices at $100 a barrel it would struggle.”

Army frees 42 Boko Haram suspects in Maiduguri

42 Boko Haram suspects were on Thursday freed by authorities of 7 Division, Nigerian Army, Maiduguri and handed over to Governor Kashim Shettima.
The army also gave each of the freed suspects N100, 000 to resettle themselves.
Three of the released suspects are from Chad, Burkina Faso and Cameroon. They would be repatriated immediately by the Nigerian Immigration Services (NIS) to their countries.
Presenting the freed suspects at the Government House, Maiduguri, the Deputy Director, Army Public Relations, Col. Sani Usman, said the suspects were arrested and had been “released because we found out that they have nothing to do with Boko Haram activities.”
“Out of the 42 suspects cleared by the military this month, three are from the neighboring countries of Burkina Faso, Chad and Cameroon.”
The Nation gathered that most of the released suspects are students, traders, carpenters, drivers and panel beaters.
There are three elderly persons among them, while the remaining falls between the ages of 18 and 30.
Governor Shettima while receiving the suspects announced that some of them will be immediately engaged in their various areas of trade.
“An idle mind they say is the devils’ workshop, therefore we cannot allow you people to be idle. From your introduction, some of you are drivers, others are tailors and some are students. All the drivers would be immediately engaged by the state government and the tailors too will be useful for our free uniform for school children.
For the students, I am going to assist you to go back and complete your studies. Others will also be taken care of appropriately,” the governor said.

FEC approves $945m loan for water, others

THE Federal Executive Council (FEC) has approved three foreign loans for irrigation system, prevention of flood in Ibadan, Oyo State and provision of water for Bauchi, Ekiti and Rivers states, for $945 million.

The meeting, presided over by Vice President Namadi Sambo,  also approved four different road projects for N22 billion.

Minister of State for Finance Bashir Yuguda broke the news while briefing State House correspondents in Abuja at the end of the meeting.

He was accompanied by four ministers, including Taminu Turaki (Special Duties); Sarah Ochekpe (Water Resources); Akinwunmi Adesina (Agriculture and Rural Development); and Stephen Oru (Niger Delta Affairs).

According to Yuguda, the first of the five memoranda presented to the council by his ministry for approval was the one on the International Development Association’s credit of $495 million for proposed irrigation management.

The facility, he said, was to upscale what the Federal Government was doing in improving the irrigation system to ensure “a year-in year-out farming season”.

He said the facility has five years grace period and a repayment period of 20 years while it will attract a service charge of 0.75 per cent.

The minister also disclosed that the loan would attract an interest rate of 1.25 per cent per year and a commitment fee of 0.5 per cent per annum.

Also, Yuguda said $200 million loan was also approved by the council to check the frequent flooding in Ibadan, Oyo State.

He said:”We have all been witnessing the flood that have happened in Ibadan, the first one was in 1980 and the second one in 2011. Some remedial works were carried out to avert the future occurrence of flooding in the city. But we believe, with this credit facility of $200 million, we will be able to arrest the frequent flooding within the Ibadan city.

“The idea is to work with the Ministry of Water Resources and Ministry of Agriculture to arrest the situation,” he stated.

Another $250 million, the minister added, was approved by the council for the proposed third national urban water sector reform project.

Yuguda said the project, which would be implemented over a period of six years, has components such as water sector reform and governance, institutional framework and human capital development, sector-wide improvement and project management at the federal level.

According to him, about one million Nigerians are to benefit from the project aimed at addressing the increasing demand for water in the three states of Bauchi, Ekiti and Rivers.

Speaking further on the foreign loan for irrigation, Mrs. Ochekpe said 50,000 hectares of land would be improved for cultivation over a period of seven years.

According to her, five irrigation schemes across the country are involved in the project and major beneficiaries include the basin stakeholders, the irrigation and drainage entities and the water users’ association federation.

She added that the project was approved by the World Bank Board in June, stressing that it will be effective this month.

She said six projects have already been completed or rehabilitated in Kaduna, six in Ogun State, two in Enugu, one in Cross River, three main and seven minor projects in Lagos.

On the road sector, the Minister of Niger Delta Affairs said the construction of Mbaise Ring Road intersecting Owerri-Umuahia Road in Imo State was awarded for N6.178 billion with a completion period of 18 months.

The construction of Calabar-Oban-Nsan-Okoroba-Ajassor Road in Cross River State, according to him, was awarded for N9.067 billion with a completion period of 24 months.

The other two road projects, he said, were the Phase 1 of Mbak Mkpeti-Itu-Okoita-Arochukwu Road in Abia, Cross River and Akwa Ibom awarded for N3.55billion with a completion period of 24 months.

The minister also revealed that the Mbak Atai-Ikot-Ntu-Mkpeti-Okuiboku Road in Akwa Ibom was awarded at the cost of N3.246 billion with a completion period of 18 months.

‘Babangida responsible for Nigeria’s woes’

Chairman of the National Human Rights Commission (NHRC) Prof. Chidi Odinkalu has accused former Military President Ibrahim Babangida of being responsible for the numerous woes that have befallen the country.

Prof. Odinkalu spoke yesterday at the 20th anniversary lecture of a non-governmental organisation, Prisoners’ Rehabilitation Awareness (PRAWA) in Abuja.

He alleged: “Hold President Ibrahim Babangida because he is the source of our problems. He corrupted democracy and democratised corruption.”

The human rights crusader accused Babangida of democratising violence.

“Babangida violated our country and democratised violence. And today, we are living with the consequences,” he noted.

He explained that the former military president, during his regime, propounded the “centrenal theory” that centralised everything, adding that the sole purpose of it was “regime security” at the detriment of the country.

“He centralised prisons, police, criminal justice, prosecution and everything. The underpinning theory behind all of these was regime security.

“The problem we have today in our prisons system and our criminal justice system goes back to that doctrine of 1986.”

Odinkalu said: “I wish Babangida lives longer to be able to see the consequences of what he did to Nigeria.”

He lamented that Nigerians were being massacred daily.

“Communities are being wiped out,” he said.

The Executive Director of PRAWA, Dr. Uju Agomoh, recalled how her organisation in 1994, began the task of prisons rehabilitation campaign in Nigeria.

She relived the challenges and called the government to support PRAWA’s initiative to transform the prisons.

Dr. Agomoh said a lot has to be done to bring the country’s justice system in tune with modern realities, adding that a situation where inmates await trial for years was unacceptable.

She also condemned the welfare available to inmates, which, she said, were simply appalling, saying that but for the efforts of organisations, such as hers, the condition of inmates would be worse.

The Chairman of PRAWA board, Dr. Gabriel Toby, said: “We need to work for the collective ownership of the criminal justice system.”

The event brought together key stakeholders in the criminal justice system, both within and outside the country.

Another UNIBEN student shot dead


Less than two weeks after a 300 level student of University of Benin, UNIBEN, was murdered at its Ugbowo campus, another student of the university was on Tuesday night shot dead by unknown assailants.
The deceased, simply identified as James, a300 level student of Vocational and Technical Education,was said to have been killed at Ekosodin, a satellite community of Ugbowo campus of the university.
The corpse of the deceased student was seen in a white-coloured police Hilux van at the Accident and Emergency Ward of the University of Benin Teaching Hospital, UBTH, when newsmen visited the hospital.
His white T-shirt and lemon-coloured knickers were soaked in blood and his shattered head almost doubled the normal size, indicating that he was shot at close range.
One of the university's students, who did not want his name in print for personal and safety reasons, confirmed the incident.
He said James was on his way home at about 11p.m. after watching a football match at one of the viewing centres in the community, when he met his death.
It would be recalled that Ejiroghene Gbenedio, a 300-level student of the Department of Chemistry, in the Faculty of Physical Sciences, was hacked to death at about 7p.m. on Friday, October 24.
When contacted on phone, UNIBEN's Public Relations Officer, Mr. Harrison Osarenren, promised to make enquiries and call back.
However, at press time, he was yet to get in touch.