…faults President on appointment of 11 FCT Judges The Federal High Court sitting in Abuja yesterday faulted President Muhammadu Buhari on the appointment of 11 Judges of the Federal Capital Territory High Court. The court in clear terms told President Buhari that his responsibility in the appointment of 11 judges recommended by the National Judicial Council (NJC) cannot be abdicated to the Senate. The court held that the President acted in contravention of the law when he sent the names of 11 candidates recommended to him by the NJC for appointment as judges of the High Court of the Federal Capital Territory (FCT) to the Senate for screening and confirmation. The trial judge, Justice Inyang Ekwo, made the pronouncement in a suit filed by an Abuja-based lawyer, Oladimeji Ekengba, contending that the forwarding of the names of the 11 nominees by Buhari to the Senate was in breach of section 256(2) of the Nigerian Constitution. Joined as defendants in the suit are Buhari, the Attorney-General of the Federation, Abubakar Malami, the Clerk of the Senate, the Chief Justice of Nigeria (CJN), Justice Tanko Muhammad and the NJC, as the 1st, 2nd, 5th, 6th, and 7th defendants, respectively. The suit had the Senate and the Senate President joined as the 3rd and 4th defendants respectively. President Buhari had, on July 7, forwarded the names of 11 persons recommended for appointment as Judges of the FCT High Court to the Senate for confirmation. Buhari picked 11 names from among the 33 recommended to him in April by the NJC. The appointees are: Abubakar Useni Musa, Edward Okpe, B. Abubakar, M. Francis, Jude Nwabueze, Josephine Enobi, Christopher Opeyemi, Mohammed Idris, Hassan Maryam Aliyu, Fashola Akeem Adebowale and Hamza Muazu. He forwarded the 11 names to the Senate for screening, but the upper legislative chamber had declined to act on the President’s list having admitted that it had no role to play in the appointment of FCT judges. The 11 judges have since been sworn in by the CJN, Justice Tanko Muhammad. Aside from faulting the sending of the names of 11 of the candidates to the Senate, Ekengba, in his suit, also contended that the President lacked the power to pick and choose whom among the candidates to appoint as judges recommended by the NJC. He sought among other prayers, an order of perpetual injunction restraining the Senate from screening and confirming the candidates as judges of the FCT High Court. Justice Ekwo agreed with the plaintiff that Buhari acted in contravention of the provision of Section 256(2) of the Constitution by forwarding the 11 names to the Senate. He, however, ruled that the contravention of the law by Buhari did not affect the judges’ inauguration. In the judgement, Ekwo held that President Buhari acted in contravention of the provision of Section 256(2) of the Constitution. The judge said the only instance where the president could forward NJC’s recommendation to the Senate, in respect of a High Court judge’s appointment, was when it related to the appointment of a head of court, like the chief judge. He, however, held that the fact that President Buhari contravened the provision of Section 256(2) of the Constitution did not affect swearing-in of the judges. “The issue is straightforward. It is whether the first defendant (the President of the Federal Republic of Nigeria) acted in compliance with the provision of Section 256(2) of the 1999 Constitution (as amended) to have sent the names of the 11 persons recommended for appointment as judges of the High Court of the Federal Capital Territory, Abuja to the Senate for confirmation. “Looking at the provision of Section 256(2) of the 1999 Constitution (as amended), I find that there is no power or authority, express or implied, given to the first defendant (the President of the Federal Republic of Nigeria) to send names of persons recommended to him for appointment as judges to the Senate for screening. “All that the first defendant needed to do was to send the names of the appointees to the seventh defendant (the NJC). “The requirement for confirmation by the Senate would only have been necessary and constitutional if the seventh defendant recommended a person to the first defendant for appointment as the chief judge of the High Court of the Federal Capital Territory, Abuja as provided for in Section 256(1) of the 1999 Constitution (as amended). “To state it clearly, the act of the first defendant, the President of the Federal Republic of Nigeria), sending the names of the 11 persons appointed by him to the Senate for confirmation was done in contravention of the provision of Section 256(2) of the 1999 Constitution (as amended),” he ruled. Justice Ekwo proceeded to grant two of the plaintiff’s reliefs, which include a declaration that, by the provision of Section 256(2) of the Constitution, the President “cannot abdicate his duties and responsibilities to the Senate for appointment of persons as judges of the High Court of the Federal Capital Territory.” The judge equally declared that the names of the individuals nominated by the NJC for appointment as judges of the High Court of the FCT cannot be subjected to the screening and confirmation and that the forwarding of the names to the Senate was contrary to and in breach of Section 256(2) of the Constitution. “As can be seen, this judgement affects only the act of forwarding the names of the appointees to the Senate, which was done in contravention of the provision of Section 256(2) of the 1999 Constitution (as amended). It does not affect the swearing- in of the appointees,” the judge held.

Customs gets N549.3m for laptops NDDC forensic auditors to receive N745.2m The Federal Executive Council (FEC) has approved $1.959,744,723.71 for the construction of rail lines from Katsina State to Maradi in neighbouring Niger Republic. Briefing newsmen after the weekly Council meeting chaired by President Muhammadu Buhari yesterday, Minister of Transportation, Rotimi Amaechi, told newsmen that the Council approved two memos for his ministry. One of the memos, according to him, was the award of contract for the development of the proposed Kano-Katsina-Jibia to Maradi rail line in Niger Republic and to Dutse, the capital of Jigawa, for a total cost of $1,959,744,723.71, inclusive of 7.5% VAT. The other was the award of contract for the design, manufacture, supply, testing and commissioning of one railway crane of 150 ton capacity for emergency and recovery of rolling stocks at the sum of N3,049,544,000. Minister of Information and Culture, Alhaji Lai Muhammed, who stood in for the Minister of State for Petroleum Resources, Timipre Silva, said the Council approved the sum of N3,773,784,399.48 for the augmentation of the completed Petroleum Technology Development Fund (PTDF) headquarters in Abuja, bringing the total contract to N14 billion. Justifying the approval of the augmentation, Mohammed said: “The important thing about this particular contract is that the building has since been completed; it has since been in use and we inherited this augmentation from 2012. But since governance is a continuum, we are honouring the augmentation, but this headquarters building has been completed; the contractors have been magnanimous while all these arguments about the augmentation were going on. They were magnanimous enough to complete the project and many international conferences have been held in that building.” The minister, who also spoke on behalf of the Minister of Finance, Budget and National Planning, Zainab Ahmed, added that the Council approved the sum of N351,540,000 for the procurement of 1,800 units of laptops for training school and computer-based test examinations at three Nigeria Customs Service (NCS) training schools in Gwagwalada, Lagos and Kano. “The major advantage of this particular contract is that it saves the department a lot of money in hiring consultants for training and other services,” he explained. He added that the sum of N197,843,100 was also approved for the expansion of the Customs’ cash management’s software in compliance with International Public Sector Accounting Standards (IPSAS) to enhance the efficiency of the Department of Customs. Minister of Works and Housing, Babatunde Fashola, said that Council okayed the approval for the construction of section two of Ohafia to Arochukwu road, comprising Umuahia/ Bende/Ohafia road in Abia State at the sum of N12.088 billion. The 45 kilometres road, he added, was to complement Section One which was previously awarded in 2018, that is the section from Bende/Arochukwu to Ohafia which was 19.27 kilometres, making the entire stretch now under contract Minister of Niger Delta, Godswill Akpabio, said the concluding memo for the procurement of Field Forensic Auditors for the Forensic Audit of the Niger Delta Development Commission (NDDC) at N745.2 million was approved by the Council. “This brings the total number of field forensic auditors to 16 in addition to the earlier approved Lead Forensic Auditors, Messrs Olumiluwa Bashir and Co. These people are now going to be in charge of the nine states of the Niger Delta which has been divided into 16 Lots. As I stated earlier, Lot one is Ernst and Young for the headquarters. They will be undertaking the 19 years of audit and also bring out the organogram for restructuring of the NDDC for better performance in future,” he explained. On his part, Minister of Interior, Rauf Aregbesola, said the Council approved contract award for the procurement of 52 operational Green Maria vehicles to facilitate effective operation in the Correctional Service as well as ease of movement of awaiting trial inmates from the custodial centres.

The Federal Executive Council (FEC) has approved N12 billion for the construction of the Section two of the Ohafia to Arochukwu road in Abia. The Minister of Works and Housing, Babatunde Fashola, stated this at the end of the Council meeting, presided over by President Muhammadu Buhari, at the State House, Abuja, on Wednesday. He said: “The memorandum presented by the Ministry of Works and Housing today is for the Section two of the Ohafia to Arochukwu road. “This section comprises Umuahia/Bende/Ohafia road in Abia State and it was approved for construction at N12.088 billion comprising a distance of 45 kilometers to complement Section One which was previously awarded in 2018, that is the section from Bende/Arochukwu to Ohafia which was 19.27 kilometers. “So with this award now, the entire length of the road is now under contract with the same contractor and we hope for expeditious execution.’’ The Minister of Interior, Rauf Aregbesola, also said that the Council approved the purchase of 52 operational vehicles for effective operation of the Nigeria Correctional Service. He said: “We considered in the Council the award of contract for the procurement of 52 number operational Black Maria vehicle to facilitate effective operation in the Correctional Service as well as ease of movement of awaiting trial inmates from the Custodial centres, 247 of them in all to about 5,022 courts in Nigeria. “This is to compliment what we have already acquired between 2016 and 2019 of about 451 Operational Green Maria vehicles. “The objective is to ensure that the delay associated with trial of inmate is reduced if not eliminated.” The Minister of Niger Delta Affairs, Sen. Godswill Akpabio, also disclosed that the council approved N745 million for hiring of additional forensic field auditors for the audit of the Niger Delta Development Commission (NDDC). “The memo that was presented by the Ministry of Niger Delta Affairs was a concluding memo on the procurement of Field Forensic Auditors for the forensic audit of the Niger Delta Development Commission and today the council approved additional forensic field auditors at a total sum of about N745.2 million. “This brings to the total number of field forensic auditors to 16 in addition to the earlier approved Lead Forensic Auditors, messrs Olumiluwa Bashir and Co. “These people are now going to be in charge of the nine states of the Niger Delta which has been divided into 16 lots. As I stated earlier, lots one is Ernst and Young for the headquarters. “They will be undertaking the 19 years of audit and also bring out the organigram for restructuring of the NDDC for better performance in future.’’ He said the Council also approved the need to attach investigative security agencies, the relevant ones to each of the team to ensure transparency in the exercise. According to the minister, this will ensure that whatever comes out of the forensic audit is acceptable not just in Nigeria but to the international community.(NAN)

The leader of the proscribed Indigenous People of Biafra, Mazi Nnamdi Kanu, Wednesday, advised his members to sit-at-home on October 1, 2020, Nigeria will celebrate its independence. Disclosing this in a statement signed by Comrade Emma Powerful, Media and Publicity Secretary, Kanu said: “We the global movement of the Indigenous People of Biafra (IPOB) ably led by our great Leader, Mazi Nnamdi Kanu, wish to announce to all Biafrans, friends of Biafra and lovers of freedom all over the world that Biafrans across the globe shall observe a sit-at-home in Biafraland and where permissible in the diaspora, join our Yoruba bretheren agitating for Oduduwa Republic, in public protests to mark the October 1, 2020. “We therefore, enjoin all Biafrans and every conscious Nigerian, especially those ethnic nationalities reeling from the triple double blow of state sponsored terrorism, bad governance and economic annihilation, to boycott every government organised ceremony designed to eulogise the failure that Nigeria has begone. This is the time to let the world know how disastrously intolerable human existence is in Nigeria today. “If you want to see an end to terrorism and organised mediocrity, now is the time to register your anger by ensuring that you and your household sit-at-home on October 1, 2020. Do not risk the life and well-being of your children by allowing them to gather in groups in the open where terrorists may find it easier to blow them up or kidnap them. There is credible intelligence that terrorist groups are planning to slaughter our children should they venture out to celebrate or march on October 1st. “This order is to highlight our position and resolve as Biafrans that we are no longer interested in propping up a crumbling terrorist state. The leadership of this great movement in conjunction with supporters of Biafra freedom across the globe have concluded every arrangement to let the whole world know and understand that we are no longer part of this shambolic monument to terrorism and failure. “As Nigeria marks its independence on October 1st this year, we IPOB will appropriately declare our intention towards the full and irreversible restoration of Biafra sovereignty and independence for all oppressed ethnic groups in Nigeria. “Complete and total lockdown of Biafraland and other terror ravaged areas of the Middle Belt come 1st of October 2020 is sacrosanct, irreversible and non-negotiable “Wholesale slaughter of innocent Judeo-Christians and state sponsored ethnic cleansing cannot be going on in our land at the same time as fake jamborees are being organised by the same sponsors terror attacks, in order to deflect our attention away from the imminent danger we are all in. “We therefore urge that all markets, schools and businesses in Biafraland and beyond be shut down as a mark of respect to all those who have died as a result of terrorism against innocent civilians especially Christians, ethnic cleansing in Southern Kaduna and elsewhere across the Middle Belt. Everywhere in Biafraland must be under lock for Nigeria and the world to know that we are all united in our march toward total freedom. There should be no public events or ceremonies in Biafraland to avoid any needless loss of lives. “We are a people that can never be obliterated from the surface of this earth.”

…Invites Labour to a meeting Thursday …Labour confirms invitation, says leaders will attend In a desperate move to abort the planned Monday, September 28 nationwide strike and mass protest over the recent hike in electricity tariff and petrol pump price, the Federal Government has convened meeting with the organized labour for today. The meeting which will be hosted by the Minister of Labour and Employment, Senator Chris Ngige, is scheduled to hold by 3pm at the Old Banquet Hall, Presidential Villa, Abuja. Recall that the previous meeting between the Government representatives and labour on September 15, ended without any agreement without any adjournment day. One of leaders of Nigeria Labour Congress, NLC, who spoke to Vanguard on condition of anonymity, acknowledged receipt of the government’s invitation and confirmed that labour leaders would attend. According to him, yes, our leaders received invitation from government for a meeting on Thursday (today). We will attend the meeting because we have made demands. We will attend the meeting to see if our demands will be addressed. We cannot make the demands to the government and they invite us to look into our demands, we say no, we are not attending your meeting.