The Bayelsa State Chairman of the Change Advocacy Party [CAP] has been kidnapped. The chairman was kidnapped at 2:45pm today, October 19, 2012 in Yenogua, Bayelsa State.
The details of the kidnap appear to not be readily available but sources in Yenogua state that the kidnap appears to have a political undertone. Available suggests that the CAP and the Peoples Democractic Party [PDP] who are presently in a heated legal battle at the Supreme Court over the Bayelsa State gubernatorial elections – may have resulted to the kidnap of the State Chairman.
Already, the politics in Bayelsa State has experienced a rise in political violence over the tussle at the Supreme Court. Last week, the police in Bayelsa State arrested a group of would-be bombers at the home of the CAP gubernatorial running mate. The police officers discovered a bomb plated at the home. The bombs did not detonate before it was discovered by the police.
Police sources in Bayelsa who spoke to 247ureports.com pointed attention to the ruling party, the PDP as the chief suspect in the unfolding violent trend in the State.
The attention of the leadership of Dr. Imoro Goodhead Kubor Campaign
Organization has been drawn to a purported publication which is
credited to the Chairman of the Change Advocacy Party (CAP) in THISDAY
newspaper, dated 19th, October 2012.
The said report, that our cause for justice is a quest for political
vendetta sponsored and orchestrated by former Governor, Chief Timipre
Sylva of Bayelsa State to distract Mr. Henry Seriake Dickson.
For the avoidance of doubt and to set the records straight, we make
bold to say that our party nor the Campaign Organization has never
communicated nor received any form of assistance from Sylva. Our case
before the Supreme Court is anchored on the clear principles of
Justice and we believe that on a proper construction and appreciation
of the extant laws of our nation and the electoral laws, it will be
manifest that Mr. Dickson was never a candidate for the 11th February,
2012 election in Bayelsa State.
Our cause has nothing to do with neither sentiments nor political
persuasion but on the cannons of law and we believe strongly that the
Supreme Court will find in our favour.
It will be recalled that on the 15th of this month, our Party
Chairman, Deme Kolomo along with other National officers of the party
were also in the Supreme Court to attend the hearing which is now
awaiting judgment. Thus, one wonders the basis of this publication.
It is however sad to a right thinking individual, that the Peoples
Democratic Party (PDP) is raising sentiments and cheap political
propaganda to score imaginary points. We are in the Supreme Court and
we strongly believe that their Lordships will determine this matter on
the strength of evidence and the application of the relevant laws and
not sentiments.
Change Advocacy Party (CAP) is resolute and focuses to see the outcome
of the Judgment waiting to be delivered by next week Thursday in
Abuja. By this we implore all our teeming members and supporters to be
steadfast and be discountenance of the said publication which is mere
campaign of blackmail and calumny to smear the good image and
intention of the Campaign Organization.
Dr Imoro kubor is a highly educated man with principles whose
integrity is undisputed and coupled with an unparralled experience,
his faith in the quest for justice cannot be used by any one. His
conviction is purely on the need for Justice in his fight to reclaim
his mandate as freely given by the good people of Bayelsa State in the
February 11th Governorship election.
The last couple of weeks have seen the World’s attention focused on issues around the girl-child. Precisely on October 11th 2012, the World marked the first ever special day reserved by the United Nations as the International Day of the Girl Child.
Incidentally, while the rest of the World paused for a while to reflect extensively on ways and means of promoting, protecting and enforcing legislative frameworks and laws that safeguard the rights of the girl child, the people of Pakistan were thrown into shock and trepidation over the attempted assassination of a foremost girl child activist little Miss. Malala Yousafzai by armed terrorists belonging to the banned Taliban gunmen while returning home on a school bus.
The attempt on the life of this young school girl who has shown remarkable gifts and talents as a good speaker and defender of the educational right of the girl child, drew International condemnation.
The inspirational story of Miss. Malala Yousafzai as captured by the online encyclopedia Wikipedia has it that she was born in 1998 from the town of Mingora in the Swat District of Pakistan’s North-West Frontier province.
Malala according to documentary evidence is reputable as one of the best known Child rights activists of the contemporary times. She gained fame for her education and women’s rights activism in the Swat Valley, where the Taliban has at times banned girls from attending school.
In early 2009, at the age of 11, Yousafzai wrote a blog under a pseudonym for the BBC detailing her life under Taliban rule, their attempts to take control of the valley, and her views on promoting education for girls. The following summer, a New York Times documentary was filmed about her life as the Pakistani military intervened in the region, culminating in the Second Battle of Swat. Yousafzai began to rise in prominence, giving interviews in print and on television, and taking a position as chairperson of the District Child Assembly Swat. She has since been nominated for the International Children’s Peace Prize by Desmond Tutu, and has won Pakistan’s first National Youth Peace Prize.
Miss. Malala can as well be described as the new little ‘Nelson Mandela’ of our time.
I have keenly followed the ordeals of this beautiful girl since she was unfortunately shot by the bandits who do not have regards for human life and I can attest that she has provided inspiration for other girl child activists especially in a developing society like Nigeria and the rest of Africa to join the global advocacy to improve respect for the fundamental rights of all children and especially the girl child since all human rights are universal; inalienable; sacrosanct and inviolable.
Before Malala was airlifted to a British hospital for treatment in the wake of her attack by the armed terrorists, I watched the former premier of Britain Mr. Gordon Brown on the international media as he waged global-wide advocacy for World leaders to provide concrete support for the kind of Inspirational work and advocacy activities that the likes of Miss Malala has launched.
Mr. Gordon Brown who appeared on a special interview session with the UK-based television station-Skynews to inaugurate a United Nations petition in the name of Miss. Malala using the slogan “I am Malala,” demanded that all children World-wide be in school by the end of 2015. The former British premier Mr. Gordon Brown said he would hand over the petition to Pakistan’s President Mr. Asif Ali Zardari in November.
I was also opportune to have watched one of Malala’s recent interview by the United States-based Cable News Network (CNN) and was indeed proud of her display of prodigious intellect and wisdom when she clearly stated in very polished English language that “It is not true that the Islamic religion forbids girl child education. If I have a meeting with Taliban I will tell them that the Islamic religion promotes girl child education”.
The interesting dimension of Malala’s human rights advocacy is that it appears that the pivot of her campaign molded and inspired the United Nations’introduction of the first ever international day of the Girl Child.
On October 11th 2012, the United Nations marked the first ever International Day of the girl child by calling for an end to child marriage, and stressed that education is a strategic background for protecting girls against this harmful practice.
“Education for girls is one of the best strategies for protecting girls against child marriage”, Secretary-General Ban Ki-moon said in his message for the Day. “When they are able to stay in school and avoid being married early, girls can build a foundation for a better life for themselves and their families”.
“Let us do our part to let girls be girls, not brides,” he stated, urging governments, community and religious leaders, civil society, the private sector, and families-especially men and boys-to promote the rights of girls.
The International Day of the Girl Child was designated as 11 October by a resolution adopted by the UN General Assembly in December 2011, to recognize girls’ rights and highlight the unique challenges girls face worldwide. The theme of this year’s observance is ‘Ending Child Marriage.’
Approximately 70 million young women today were married before age 18, according to the UN, which notes that child marriage denies a girl her childhood, disrupts her education, limits her opportunities, increases her risk of being a victim of violence and abuse, and jeopardizes her health.
Girls with low levels of schooling are more likely to be married early, and child marriage has been shown to almost always end a girl’s education, the UN adds. Conversely, girls with secondary schooling are up to six times less likely to child marriage, according to the UN.
Nigeria is a case study of where government and indeed even the legislators pay lip service to these two fundamental rights of the girl child which are freedom from early marriage and right to sound education.
Few months back, a serving Senator of the Nigeria’s National Assembly was accused of marrying a suspected girl child of 13 years from Egypt but when different groups demanded his prosecution, the federal government through the office of the Federal Attorney General Criminally compromised and failed to protect the fundamental rights of this Egyptian girl child even when there is an extant law against such practice known as the Child Rights Act of 2003 which was passed validly by the Nigeria’s National Assembly of which the suspected high profile violator is a member.
A presenter with one of Nigeria’s best known Radio Stations-Ray power fm, Mrs. Queen Kunde told me that government’s lip service to the rights of the girl child is deeply entrenched.
Queen, who is a mother herself, disclosed that while President Jonathan rightly inaugurated the Almajiri educational rescue project for the over ten million street boys in Northern Nigeria who are out of formal schooling, the same government failed to introduce similar program for the girl child in Nigeria who largely face child labor such as street hawking and lack of education.
The Federal government needs to urgently redress this systemic anomaly because what is good for the goose is also good for the gander, so goes the wise saying.
Nigeria is also blessed with talented young girls who have used their enormous gifts to campaign for the respect of the fundamental rights of the girl child.
In the 1980’s, Nigeria witnessed the emergence of an enormously talented young girl child by name Miss. Tosin Jegede who excelled in the music industry and indeed used her music talents to call on all stakeholders in the Nigerian project to train the girl child educationally and save them from child trafficking; sexual molestation and early marriage.
Punch Newspaper of Nigeria on July 20th 2012 published a brief story on the remarkable activities of Tosin Jegede who has now grown to full adulthood and has also achieved so much academically.
According to Punch Newspapers, Tosin Jegede ruled the Nigerian music scene as one of the youngest child stars in the 80s. Renowned for persuasive songs, ‘urging parents to listen to their children and pay their school fees’, her foray into music began at age 4.
During her time, NTA Channel 5, 7 and 10 were the only TV stations in Lagos as such her music videos enjoyed generous air play.
She left the country 16 years ago, with three albums to her credit and then returned briefly in 2005, to stage a visual arts exhibition of her some of her works.
After bagging a degree in Business Decision and Analysis from the University of Bristol, London, she finally returned to Nigeria four years after. She also worked briefly in the UK as Pension Adviser.
Now in her late 20s, Punch recalled that the chubby artiste lost her mother, Mrs. Martha Jegede, recently after being diagnosed with a muscle disease.
The anti-human trafficking agency (NAPTIP) building upon some of the inspirational works of great children like the then little Tosin Jegede, should be empowered to independently prosecute habitual abusers of children without necessarily waiting for the Federal Attorney General to authorize such prosecution.
The National Human Rights Commission of Nigeria with the new independence that the National Assembly gave it, must partner actively with sister organizations like NAPTIP and credible civil society groups to consistently put the issues around the rights of the girl child and indeed the Nigerian child on the front burner of national discourse.
Mrs. Funmi Femi-Falana rightly noted in her new book titled “Girl Child education in Nigeria”, that ‘an untrained girl child is indeed an untrained society’.
President Goodluck Ebele Jonathan has commended former Head of State, General Yakubu Gowon for his unflagging dedication to peace, national unity, good governance and the well-being of all Nigerians.
In a congratulatory letter to General Gowon on the occasion of his 78th birthday, President Jonathan praised him for continuing to “engender bridges of love and harmony across the country” after leaving office many decades ago.
“On behalf of my family, the Government and people of the Federal Republic of Nigeria, I wish to express warm felicitations to you on your 78th birthday anniversary which comes up on Friday, the 19th of October 2012.
“It is gratifying to note that after decades of worthy service to our fatherland, you continue to use your exalted position to engender bridges of love and harmony across the country; unwaveringly pursue the cause of good governance, and work dedicatedly to promote the welfare and well being of all Nigerians.
“As you celebrate another year of distinguished service and personal fulfillment, I join your family and friends to wish you a richly deserved Happy Birthday,” the President wrote.
Bamako: Mali Islamists Thursday flattened the tombs of three local Sufi saints near the desert city of Timbuktu, the latest in a series of attacks in the rebel-held north that critics say threaten its cultural heritage.
According to local residents, the militants arrived aboard six or seven vehicles, heavily armed and leveled everything with a bulldozer and pulled up the skeletal remains.
Residents said the tombs destroyed included those of local saints Sheikh Nouh, Sheikh Ousmane el Kabir, and Sheikh Mohamed Foulani Macina, several kilometers (miles) outside of the city gates. They said the rebels were from Ansar Dine, one of a mixture of Islamist groups now in control of northern Mali.
Ansar Dine, which controls Timbuktu along with Al-Qaeda’s north African branch, began its campaign of destruction after UN cultural organisation UNESCO put the fabled city on its list of endangered world heritage sites.
In July, Ansar Dine rebels smashed seven tombs of ancient Muslim saints as well as the “sacred door” to a 15th-century mosque.
The group has also threatened to destroy the city’s three ancient mosques, one of which dates back to 1327.
The U.N. Security Council last week passed a resolution urging African regional groups and the United Nations to present a specific plan within 45 days for military intervention in Mali to help government troops reclaim the north.
General said Israel would face fierce retaliation if it attacks
EU has imposed new raft of sanctions against Iran in effort to make country halt nuclear programme
European satellite provider took 19 Iranian television and radio broadcasters off the air
The acting commander of Iran’s Revolutionary Guard has warned that the country is prepared for ‘global battles’ if its nuclear sites are attacked.
General Hossein Salami said Israel will ‘definitely’ face fierce retaliation if it attacks Iranian nuclear sites.
His words, reported by the semiofficial ISNA news agency, seem to be part of Iran’s efforts to portray any strike as the trigger for a regional conflict.
Tough times: General Hossein Salami spoke out in the face of punitive EU sanctions against Iran over its nuclear programme
Inflammatory words: Gen Salami made his comments on the sidelines of combat drills by paramilitary fighters controlled by the Revolutionary Guard, known as Basiji, pictured
Willing to retaliate: Iran will respond to offensive action from Israel with force, warned he acting commander of the Revolutionary Guard
The implication is that such a clash could draw in Iranian proxies, such as Lebanon’s Hezbollah, on Israel’s borders.
He spoke on the sidelines of urban combat drills in Tehran by 15,000 paramilitary fighters known as Basiji, who are controlled by the Revolutionary Guard.
The exercises were dubbed ‘Ila Beit ol Moqaddas,’ or Toward the Holy City, meaning Jerusalem. The war games include drills on defending against mock air raids and other threats.
The European Union is currently imposing new sanctions against Iran in a bid to force the country to come clean about its nuclear programme.
A meeting of EU foreign ministers on Monday imposed restrictive measures intended to hit the country’s treasury and increase pressure on its Islamic regime headed by President Mahmoud Ahmadinejad.
Defiance: A protest against the Iranian Revolutionary Guards last month in Lebanon, which Gen Hossein warned could be drawn in to any future clash with Israel
Meanwhile, a leading European satellite provider took 19 Iranian television and radio broadcasters off the air, a result of earlier sanctions which prompted accusations of censorship and threats to sue from Iranian state television.
European Union governments imposed sanctions on Tuesday against major state companies in the oil and gas industry and strengthened restrictions on the central bank, cranking up financial pressure.
More than 30 firms and institutions were listed in the EU’s Official Journal as targets for asset freezes in the EU, including the National Iranian Oil Company, a large crude exporter, and the National Iranian Tanker Company.
Both are vital to the Iranian oil industry, the main source of revenue for the government, and are growing increasingly important in recent months as the EU and U.S. seek to reduce Tehran’s access to cash by forcing Western companies to halt trade with Iran.
Worry: Both German Foreign Minister Guido Westerwelle, left, and Britain’s William Hague spoke positively about the sanctions imposed on Iran at Monday’s EU meeting in Luxembourg
Monday’s meeting approved ‘additional restrictive measures in the financial, trade, energy and transport sectors’ against Iran as well as imposing asset freezes and trade restrictions on more companies.
Iran is still refusing to cooperate fully with the International Atomic Energy Agency regarding its nuclear programme, something the Luxembourg meeting said was ‘acting in flagrant violation of its international obligations.’
German Foreign Minister Guido Westerwelle said the ministers had also banned the import of Iranian natural gas into EU nations.
The EU ministers also agreed to prohibit all transactions between EU and Iranian banks unless they were authorised in advance for humanitarian reasons.
No transparency: Iranian President Mahmoud Ahmadinejad is still refusing to come clean about the country’s nuclear programme insisting it is intended for peaceful purposes
Financial restrictions: The EU’s foreign ministers hope that the new sanctions against Iranian trade and freezing of assets will hit the Islamic nation’s treasury
They tightened restrictions on the Central Bank of Iran and imposed more export restrictions ‘notably for graphite, metals, software for industrial purposes, as well as measures related to the shipbuilding industry.’
Maryam Rajavi, president-elect of the Iranian Resistance, an organisation seeking to oust Ahmadinejad’s regime, welcomed the decision to expand sanctions.
She called the move ‘an essential step to preclude this regime from acquiring nuclear weapons,’ and asked the EU to sever all economic and commercial ties with Iran.
On his way into Monday’s meeting, British Foreign Secretary William Hague said new sanctions would be ‘a sign of our resolve in the European Union that we will step up the pressure.’
Hague said such pressure would continue to mount ‘over the coming months unless negotiations succeed. We remain open of course to success of negotiations.’
Many countries fear that Iran is working to develop nuclear weapons but Iranian officials say the nuclear programme is intended solely for peaceful purposes.
Suspected site: Lavizan Shiyan, a restricted area next to a military complex in a Tehran suburb, was thought to be a possible location for weapons of mass destruction
Possible base: An alleged facility in Natanaz, Iran which the regime also claims is completely harmless
The European broadcast satellite cutoff means state broadcaster Irib’s television channels are no longer shown in Europe and elsewhere.
Satellite provider Eutelsat agreed with media services company Arqiva to block Irib’s nine TV channels and ten radio stations as of Monday morning because of ‘reinforced EU council sanctions,’ Eutelsat spokeswoman Vanessa O’Connor said.
Irib was targeted in a round of EU sanctions against Iran adopted in March after European officials said its broadcasts violated human rights.
Iran’s state-run Press TV said Irib could take legal action against Eutelsat over the cutoff ‘to compensate for any material and spiritual damages.’
Press TV says it was among the channels cut by the Eutelsat decision. Others include Farsi-language channels for Iranian expatriates and Arabic-language offerings, including the news channel Al-Alam.
In a statement, Press TV said the move ‘shows that the European Union does not respect freedom of speech and is a step to mute all alternative news outlets representing the voice of the voiceless.’
Recently, there has been a ruckus about whether or not, the resolutions of the National Assembly are binding on the Executive, headed by the President. There are protagonists and antagonists. Still, others navigated a middle ground, (albeit subscribing to the “turn the other cheek” doctrine), stating that although the resolutions are not binding, the President ought to adhere to them for the smooth and efficient running of government. Without being suffused with emotive reasoning which tend towards argumentum ad populum, (popular argument), it is necessary to understand what the word “resolution” mean and whether resolutions are indeed, binding on the Executive arm of Government.
DEFINITION OF RESOLUTION
Resolution has been defined by Wikipedia as “a written motion adopted by a deliberative body.” According to Merriam Webster’s “resolution” is “a formal expression of opinion, will, or intent voted by an official body or assembled group”.
“RESOLUTIONS” UNDER THE 1999 CONSTITUTION
The word “resolution” appears in the Constitution, thirty-six (36)times. In all these thirty-six times, there was never a place where the resolutions of the National Assembly were given the weight of a law or an Act of the National Assembly. Although an Act of the National Assembly itself is passed into law by way of resolutions and the Head of the Executive or his Vice or Deputy can be removed by way of resolution of the legislative House (after complying with some other sections of the Constitution itself), there is no provision in the Constitution which gives the Legislature the unfettered right to dictate to the Executive, how it should exercise the powers exclusively granted to it by the Constitution, though such resolutions may influence it.
At this junction, it is apposite to examine some Constitutional provisions regarding resolutions which seem to suggest that the Legislature has power to influence the powers reserved for the Executive arm of government.
Section 5(1) (4)(a) of the Constitution provides that:
(a) the President shall not declare a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly, sitting in ajoint session; and
Section 6 (1)(4) of the Constitution which deals with the ideals and objectives of the National economy provides that
(4) For the purposes of subsection (1) of this section –
(a) the reference to the “major sectors of the economy” shall be construed as a reference to such economic activities as may, from time to time, be declared by a resolution of each House of the National Assembly to be managed and operated exclusively by the Government of the Federation, and until a resolution to the contrary is made by the National Assembly, economic activities being operated exclusively by the Government of the Federationon the date immediately preceding the day when this section comes into force, whether directly or through the agencies of a statutory or other corporation or company, shall be deemed to be major sectors of the economy; (emphasis mine)
Section 16 (2) of the Constitution provides:
If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (1) of this sectionfrom time to time but not beyond a period of six months at any one time.
Section 84 (3) which provides for the appointment of the Auditor-General of the Federation, provides thus:
Except with the sanction of a resolution of the Senate, no person shall act in the office of the Auditor-General for a period exceeding six months.
88. (1) Subject to the provisions of this Constitution, each House of the National Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the Federation to direct or cause to be directed investigation into (the matters stated therein).
Section 105 (2) of the Constitution provides that the National Assembly can by resolution, extend the tenure of elected officials when the country is in a state of war. It provides:
If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (1) of this section from time to time but not beyond a period of six months at any one time
Section 151 (1) (2) of the Constitution provides that National Assembly shall by resolution prescribe the number, allowances and remuneration of the President’s special advisers.
Section 305 (1) of the Constitution dealing with proclamation of a State of Emergency provides that:
(2) The President shall immediately after the publication, transmit copies of the Official -Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.
Section 1, Part III of the Second Scheduleto the Constitution provides:
Where by this Schedule the National Assembly is required to designate any matter or thing or to make any declaration, it may do so either by an Act of the National Assembly or by a resolution passed by both Houses of the National Assembly.
SEPERATION OF POWERS AS OVERRIDING DOCTRINE
Gleaning from the above constitutional provisions, it is glaring that there is no provision which imbues the National Assembly with the power to control or constitute a clog (by way of resolutions) to the President in the exercise of his executive powers. Whether the National Assembly’s resolutions are binding or not is a matter of robust constitutional flavour, exploration and interpretation. Since the Constitution of the Federal Republic of Nigeria has expressly delineated the jurisdiction, precinct and purview of the powers of the three arms of government, (see Sections 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999), it follows that the powers belonging to any arm of government is exhaustively dealt with. This is the foundation and bastion of the doctrine of the rule of law. The rule of law simply posits that once the Constitution has granted powers to any arm of government, it becomes incumbent on that arm of government to religiously adhere to, and be contented with the powers so granted it and not experiment, forage or foray into the powers granted other arms. This is the where the hallowed doctrine of the separation of powers derive from. Thus, in the case of A.G, ABIA STATE v. A.G ,FED (2006) 7 S.C (Pt 1) 51, the apex Court of the land, per Onnoghen, J.S.C. dilated lucidly as follows:
“Where the rule of law reigns, political expediency ought to be sacrificed on the alter of the rule of law so as to guarantee the continued existence of democratic institutions fashioned to promote social values of liberty, orderly conduct and development, particularly in a republic founded on the principles of federalism where power is not only apportioned between the Federal and State Governments but also the Local Governments with checks and balances. Within the Federal and State governments, power is further apportioned among the three arms of government termed the legislature, Executive and the Judiciary see sections 4, 5 and 6 of the 1999 Constitution.”
Since Nigeria operates a Constitutional Democracy (See UGWU V. ARARUME (2007) ALL FWLR (Pt. 377) 807 at 897 Paras. D- E (SC)) based on the principles of separation of powers as eminently laid out by the Constitution itself, it follows that any act done by any other arm of government not expressly granted to it by the Constitution will be ultra-vires and be regarded as a barefaced usurpation of the Constitution for which it becomes inescapable for such act to suffer the fate of nullification by being declared null and void to the extent of its inconsistency with the overriding provisions of the Constitution by the courts of the land. See Section 1 (3)of the Constitution and the cases of TIMOTHY V. OFORKA (2008) 9 NWLR (Pt.1091) 204 at 213, para. D (CA); ATTORNEY-GENERAL OF THE FEDERATION V. ABUBAKAR (2007) ALL FWLR, (Pt 375)1264 at 1289, paras. B – E (CA); ROTIMI AND ORS V. MACGREGOR (1974) 11 S.C. 102; EKULOFARMS LTD. V. UNION BANK OF NIGERIA PLC. (2006) 4 S.C. (Pt.II) 1; INEC v. Musa (2003) 3 NWLR (pt.805) p8.72; ADEDIRAN V. INTERLAND TRANSPORTLTD. (1991) 9 NWLR (pt.214) pg.155; A.G ABIA STATE V. A.G FEDERATION (2002) 5 NWLR (pt.763) pg.264; ADISA V. OYIWOLA (2000) 10 NWLR (pt.674) pg.116; A.G ONDO STATE V. A.G. FEDERATION (2002) 9 NWLR (pt.772) pg.222; A-G ONDO STATE V. A-G FEDERATION (2002) 1 NWLR (Pt.772) pg.222; A-G ABIA STATE V. A-G FEDERATION (2002) 6 NWLR (Pt.763) pg.204; ABACHA V. FAWEHINMI (2000) 4 SC (pt.11) pg.1.; BALONWU V. GOV. ANAMBRASTATE (2009) 18 NWLR (Pt.1172) pg.13
In the case of A.G. ABIA STATE v. A.G. FEDERATION (2003) 1 S.C. (Pt. II) 1, the Supreme Court, adumbrated, per Belgore, J.S.C, thus;
“The principle behind the concept of Separation of Powers is that none of the three arms of government under the Constitution should encroach into the powers of the other. Each arm – the Executive, Legislative and Judicial – is separate, equal and of coordinate department and no arm can constitutionally take over the functions clearly assigned to the other. Thus the powers and functions constitutionally entrusted to each arm cannot be encroached upon by the other. The doctrine is to promote efficiency in governance by precluding the exercise of arbitrary power by all the arms and thus prevent friction.”
PRESIDENTIAL, NOT PARLIAMENTARY SYSTEM OF GOVERNMENT
Sieving from the above, it is abundantly clear that the powers of the Legislature under our present jurisprudence to pass a resolution with regards to how an elected Executive President can exercise his executive powers is non-existent. Thus, attempting to do so, is tantamount to a gluttonous and insatiable quest for power. This is because, Nigeria is not operating a Parliamentary system of government where the resolutions of Parliament (particularly in the United Kingdom) are equal to law. There seems to be a deliberate attempt on the part of some members of our Legislature to misunderstand the workings and tenets of the Presidential system of government (as against Parliamentary system of government) with separation of powers being the focal theme.
Under the Parliamentary system of government, resolutions alone are enough to oust the government. If the Parliament passes a resolution of no confidence, or refuses to pass an important Bill such as the budget, then the government must resign so that a different government can be appointed, or seek a Parliamentary dissolution so that new general elections may be held with a view to re-confirming or deny the government’s mandate. This is not so under our own constitutional democracy anchored on Presidentialism where the various powers of the various arms of government are clearly spelt out. The sooner our Legislature understands this, the better for the country. Resolutions are therefore merely persuasive, morally, nudging, but not constitutionally binding. Acts of the National Assembly are binding because they have the force of law having been assented to by the President.
CONCLUSION
Nigeria operates a written and rigid constitution which clearly spells out the powers of the various arms of government. It is unconstitutional in any and every way, for any arm of government to usurp the powers of any other arm. Such, usurpation, whether advertently or inadvertently, is indefensible and unpardonable because it can lead to political bedlam and instability. Thus, it is submitted that any attempt by some members of the National Assembly to sponsor any Bill to the effect that resolutions will become binding on the Executive (as reported by the Dailies) is tantamount to unnecessarily stirring the hornet’s nest; is completely alien and antithetical to the Presidential system of government practised every where and is a blatant attempt to distort the tenets upon which the Presidential system of government is founded. It will amount to trying to induce the tenets of Parliamentary system of government through the back door, therefore, making our governmental system, the voice of Jacob and the face of Esau!
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BY MIKE A.A. OZEKHOME, SAN, LL.D, D.Litt, D.A, Ph.D, LL.M, LL.B (Hons), BL, KSM, FNIM, F.ICA, F.AES. F.chMC, FNIER, Constitutional Lawyer and Human Rights Activist
The inveterate flood debacle in Isoko communities has left no fewer than 100 thousands
of people displaced and distraught. The major confronting quandary with Isoko flood victims is that the transitory relief camps being provided by the Delta state governor, Dr Emmanuel Uduaghan is gradually being waterlogged by the untold flood. The flood has wholly derelict havoc on over 50 Isoko communities which prompted the Isoko stakeholders’ forum to deliberate on the next line of action to flood victims in the region that brought together the crème da la crème of Isoko sons and daughters specifically the political class. No day passes by without Isoko people recounting their unadulterated losses to the iniquitous flood disaster.
One of the highly placed Isoko politicians raised an observation where Isoko people living in Ndokwa region were denied of ferrying Isoko flood victims into their speed boats and local canoes until some Isoko people rescued them from the tight spot of marginalization in a flood time. Despite that the Federal government recently allocated #17.6 billion to flooded states while Delta falls into the A state where #500 million is disbursed to flood victims, yet many are still living in agonizing pains of privation of the flood that refused to go in spite of government measures to tackle future flood in Nigeria. The fears of many affected flood victims is that the money given to the state government to ameliorate the sufferings of the people will not be appropriately disbursed if not properly monitored by those in authorities of leadership.Isoko region is mainly located along the coastal riverine areas which flood greatly affected farmlands and property worth billions of naira destroyed in a quantum of time.
No amount of relief funds from the State or Federal governments cannot prevent the high profile starvation which the sudden flood disaster has caucused to Isoko land. The two local governments Isoko South and Isoko North have been submerged by the flood. The fear of living in Isoko region is the beginning of people evacuating for being cut off by the flood. Most of the Isoko people are major in farming and fishing which indicates the tenacity of crime rate will increase if the flood disaster is not properly controlled by various government agencies in charge of flood management. With the government directives to some flood Isoko communities of their motherland to evacuate, yet some have failed to relocate to the relief camps. Most of the relief materials provided by these government agencies are not enough to cater to the growing flood challenge in Isokoland.
Unlike in Bayelsa state where the State government is assiduously working to the extent of inviting a foreign company to process garri for the immediate needs of the suffering Bayelsans against future food crisis in the state. The continuous water rise in Isoko communities has definitely created another unknown fear of Delta State being submerged by the flood. The costs of food items,transportation and accommodation have suddenly increased to 90 percent in the State. Even some benevolent and compassionate Isoko people have continue to provide relief materials to Isoko flood victims in recent times with their widow mite supports without government. The likes of Chief Edwin Ozah who accommodated over 500 displaced persons in his private house and personally feeding them on his own account, Hon Benjamin Essien, Delta State House of Assembly member, Hon Fineboy Egbebare, Rev Dr C.A.O Apena, Apostle M. T. O Oki, SSG comrade Macaulay Ovuozorie and others must be generously applauded for caring for flood victims
The most terrible thing is that the State government over one year now has failed abysmally to conduct elections into the 25 local governments in the State which only the Caretaker committees are not competent enough to disburse these funds to flood victims.Isoko communities have over 100 oil wells and contribute 45 percent largely to the Nigerian economy over the years. The Delta state government must deem fit to invest massively on agriculture if any land is left out after the flood to increase food supply while mechanized farming must be encouraged. All the highlands in Isoko communities are being submerged by the flood while all economic activities are grounded to halt including the state education. It is good the federal government monitor the relief funds to the flood victims which the outbreak of diseases can be for with if not checkmated to avert another uncontrollable epidemic in the state except God almighty intervenes on the sufferings Isoko people. Even the #500 million is not enough to settle flood victims in Isoko let alone other regions affected in the State. It
is time for NGOs and other individuals started donating for flood victims in Isokoland and all Isokos in Diaspora must rise to their responsibilities now. The first flood disaster occurred in 1969 but was not as devastated as the current one ravaging homes and farmlands. The fact remains that there is little rainfall in the state and upsurge flood is plaguing on the Isoko suffering dwellers. All the 17 cans and villages in Isoko have been taken by unstoppable and inevitable flood which many ascribed to the sin of the soil. The flood is as a result of world climate change which was foretell by our learned meteorologists but was disregarded by government agencies.
The flood in some of the flooded states is gradually subsiding but in Isoko is creating another flagrant and blatant fears which those that were evacuated by the government for safe keeping are now taken alternative relocation to other states of the federation which was not initially affected by the flood.70 percent of Isoko flood victims are now in Lagos and other commercial cities in Nigeria. The harvest of sorrow has greeted the land of Isoko region which is posing great dangers on the faces of flood victims. Some so-called unscrupulous and devious elements are now using this flood disaster to exploit money from innocent affluent Nigerians while the money is being channeled to their private pockets. The so-called committee recently set up by
President Goodluck Jonathan to assess devastated flood states was a welcome development. The federal government has also budgeted for 2013 budget for flood disaster which indicates the total food increase in 2013 and 2014 in the flooded states. Most of these affected flood Isoko communities are Ivrogbo- Irri, Ada, Irri, Olomoro, ofagbe, Iyede- Ame, Umuti, Oyede,Umeh, Oleh. Ikpide, Ozoro and others.It is time for Delta state government should start constructing first class drainage system in Isokoland now to avoid future flood disaster.
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BY GODDAY ODIDI. O8058124798, 08063458693, @ 20 oro street Ajegunle Apapa Lagos.
Barely a week after Governor Rochas Okorocha of Imo state rolled out the drums to elaborately celebrate his 50th birthday, pensioners of the Imo Broadcasting Corporation (IBC) yesterday (Wednesday) took to the streets in protest of the non-payment of a staggering 23 months pension arrears by the Imo state government.
The pensioners numbering over 200 had marched to the FSP Park along Wetheral road Owerri enroute the Imo Government House.
Marching with placards of various inscriptions, the protesters averred that the cost of the lavish birthday party by the governor could comfortably offset the entire 24 month pension arrears owed them, two times over.
Some of the placards read, “10 pensioners have died due to inability to access healthcare owing to our unpaid pensions”, “Okorocha rescue IBC pensioners, we are also your responsibility”, “Our dear governor, please walk your talk!”
In a letter to the Governor signed by the Chairman of the group, Chief D. Asunugwo and his Secretary, Chief H. Onuoha, the retirees in a tabulated summary of their pension arrears indicated that the last government owed them for only five months, indicating that Governor Okorocha has not paid them since 18 months he assumed office.
According to the letter, the monthly bill for IBC monthly pensions is about N5million on the average while the cumulative pension arrears owed the retirees amounted to about N109 million.
Expressing his frustration, one of the pensioners who claimed to have travelled all the way from Ideato North council area of the state for the protest and was not leaving Owerri until the governor addressed their plight said that he was convinced that the cost of the three-day lavish celebration of Okorocha’s birthday and 10th anniversary celebration of his private NGO, the Rochas Foundation; the multiple dinners and the cost of flying in a former president, the Zimbabwean prime minister, some northern emirs other leaders of note and political bigwigs, was by far in excess of N300million which is more than twice the cost of their outstanding pension arrears.
An impeccable source and senior management staff of the Corporation, who craved anonymity, told our correspondent that the condition of the pensioners would have been milder, if the governor had not withheld some funds designated for the corporation.
She explained that from the administration of former Governor Achike Udenwa, the 27 councils in the state each remitted through deductions made at source, the sum of N150,000 for publicity and this helps in the running of the state radio station, but regretted that on assumption of office, Okorocha allegedly hijacked the fund and has not remitted a kobo of such deductions to the state broadcast station.
She added, “Our fund in the hands of the governor is now close to N150 million and you can imagine how far this could have gone in addressing the myriads of financial difficulties facing the corporation including this pension challenge.”
Meanwhile, the protesting pensioners were politely intercepted at the FSP Park by the state commissioner of Police, Mr. Adisa Bolanta, who personally addressed the angry pensioners urging them to give him an opportunity to mediate in the matter as it was an untoward sight to behold elder statesman marching the streets in protest.
The pensioners however agreed to reconvene their demonstration in a week time if the governor fails to heed good counsel.
Ironically, Governor Okorocha had earlier engaged in a media blitz using the same Imo Broadcasting Corporation (IBC) claiming to have settled over seven years arrears of pensions inherited from past administrations.
Efforts to reach the governor’s handlers for comment proved abortive, as the situation was made even worse by the fact that not a single government official found it needful to address the aged pensioners but ignored and abandoned them to the devices of the state police commissioner.
Evidently, frantic machinery has been put in place to hush and keep any report of the ugly episode out of public glare.
The Acting Governor of Enugu State, Mr. Sunday Onyebuchi has challenged Nigerian Engineers to come up with policies that would provide alternate energy source for the technological development of the country.
The challenge was contained in an address by the State Commissioner for Enugu Capital Territory , Engr. Ikechukwu Ugwuegede who represented the Acting Governor when members of the Nigerian Institution of Mechanical Engineers paid a courtesy call at the Government House, Enugu.
The Acting Governor noted that Enugu as a Coal City State has a base for alternative energy sources, adding that research had also shown that the state is well positioned for wind energy source.
Mr. Onyebuchi added that the state government would partner with any organization that would embark on alternate energy source development in the state.
He advised the engineers that as they discussed on alternate energy source development for technological development of the country, they should also find ways of utilizing the existing ones effectively.
The acting governor informed the engineers that the state has done a lot in the areas of infrastructural development especially roads which he said were beautified with street lights empowered by diesel.
He thanked the engineers for choosing Enugu for their International Conference, ensuring them of a conducive environment for the conference in the state.
Earlier in an address, the Chairman of the Institution, Engr. Ayo Fanimokuun informed the governor that the members were in Enugu for their 25th International Conference which he said also coincided with the institution’s Silver Jubilee Anniversary..
He added that Enugu State was chosen for the conference because it is the energy base of Nigeria considering the available large coal deposit in the state.
The chairman noted that for the country to actualize technological development that other sources of energy would be developed. He added that the International Conference would enable members discuss ways and means of developing alternative energy sources for technological development in Nigeria as its contribution to President Jonathan’s administration transformation agenda in that sector.
The chairman recalled that coal was the main source of energy in the past but regretted that this source has been neglected, when oil was discovered.
He also enumerated other sources of energy that has not been utilized in the country as solar energy and wind energy which the conference would deliberate on, he said.
Tough times: General Hossein Salami spoke out in the face of punitive EU sanctions against Iran over its nuclear programme
Inflammatory words: Gen Salami made his comments on the sidelines of combat drills by paramilitary fighters controlled by the Revolutionary Guard, known as Basiji, pictured
Willing to retaliate: Iran will respond to offensive action from Israel with force, warned he acting commander of the Revolutionary Guard
Defiance: A protest against the Iranian Revolutionary Guards last month in Lebanon, which Gen Hossein warned could be drawn in to any future clash with Israel
No transparency: Iranian President Mahmoud Ahmadinejad is still refusing to come clean about the country’s nuclear programme insisting it is intended for peaceful purposes
Financial restrictions: The EU’s foreign ministers hope that the new sanctions against Iranian trade and freezing of assets will hit the Islamic nation’s treasury
Suspected site: Lavizan Shiyan, a restricted area next to a military complex in a Tehran suburb, was thought to be a possible location for weapons of mass destruction
