News
A Supreme Court judge, Mary Peter-Odili, retired after attaining the retirement age of 70 on Thursday.
Speaking at the valedictory court session held in her honour, Mrs Peter-Odili lamented the spate of violent crimes in Nigeria, which she attributed to youth unemployment.
At the event which held at the Supreme Court in Abuja, the retiring apex court justice, who is the wife of Peter Odili, a former Rivers State governor, warned that the “urgency of what we are all faced with right now calls for necessity in tackling them.
“The massive unemployment of tertiary institution graduates is a tip of the icebergs.
“The millions of idle youth is not unrelated to the insecurity on the ground,” she said.
She said the current strike action by public universities’ lecturers, which has lasted over three months, has compounded youth restiveness.
“The situation is not helped by the perennial strikes which leave students idling away.”
In tackling the problem, Mrs Peter-Odili suggested that “the Head of State should take on the garb of Minister of Youth, Employment and Social Welfare.”
Drawing from her experience as a former First Lady in Rivers State, Peter-Odili said with the president assuming the role of employment minister, he would direct “the implementation of what is put in place without middlemen” hijacking the process.
She advised state governors to adopt same strategies in dealing with youth unemployment.
Furthermore, Peter-Odili in her valedictory speech advocated the urgent “restructuring” of Nigeria.
“My humble view is that the issue (of restructuring) should be given an immediate attention.”
Recalling her over four-decade judicial career, she thanked her husband, Peter, and colleagues for their support.
Eulogies
Chief Justice of Nigeria (CJN), Tanko Muhammad, poured encomium on Peter-Odili for her “irrepressible voice in the temple of justice.”
Muhammad described the retiring jurist as the “epitome of jurisprudential finesse.”
“We are honouring an amiable lady of alluring qualities and excellence that transcend the legal profession,” he said.
The CJN noted that Peter-Odili “offered the best of her intellect to the advancement of the legal profession through her several years of inimitable adjudications at different levels of courts in Nigeria.
“She is a specimen of hard work, industry, discipline and high moral rectitude,” Muhammad said.
Similarly, Wole Olanipekun, a Senior Advocate of Nigeria(SAN), praised the retiring justice for her contribution to Nigeria’s judicial system.
But, Olanipekun who spoke on behalf of the Body of Senior Advocates of Nigeria, said the “legal profession today faces a lot of problems.”
“Political cases are responsible for the tagging of judiciary as ‘supermarket.'”
He pointed out that the Supreme Court cannot be “insular.”
“Where the Supreme Court gives a judgement in error, it should reverse itself”, adding that “forum-shopping” where lawyers shop for favourable court decisions “has to be addressed.”
Olanipekun urged the executive arm of government to “stop harassing the judiciary. The judiciary can never be inferior to any other arm of government.”
On his part, Attorney General of the Federation (AGF) Abubakar Malami, represented by Beatrice Jedy-Agba, Ministry of Justice’s permanent secretary, noted that Peter-Odili followed the path of honour during her time as justice on the bench of the Supreme Court.
He, however, called on the judiciary to embrace technological innovation to ensure a more effective and efficient justice delivery system.
Profile
Mrs Peter-Odili bowed out of service after attaining the 70 years mandatory retirement age.
She was born on May 12, 1952, to the royal family of Bernard Nzenwa in a highly commercially inclined community of Amudi Obizi, Ezinihitte-Mbaise Local Government Area of Imo State.
She made headlines in October last year after 15 suspected invaders, including a police officer, invaded her house to purportedly execute a search warrant.
The suspects are currently standing trial at the Federal High Court in Abuja.
Governor Godwin Emefiele of the Central Bank of Nigeria (CBN) says he is having fun with the whole drama around his 2023 ambition.
Emefiele said this while responding to questions from State House reporters after a closed door meeting with President Muhammadu Buhari at the Presidential Villa in Abuja, on Thursday.
Asked about his reaction to the report that the President had asked him to resign after the purchase of the presidential nomination and expression of interest forms of the ruling All Progressives Congress (APC), Emefiele said: “There is no news now, but there will be news. You heard me, I said there is no news but there will be news.”
But when told that Nigerians were anxious about his position, he said: “Let them have heart attack. It’s good to have heart attack. I am having a lot of fun.”
The governor of the apex bank has been under intense pressure since expression of interest and nomination forms of the ruling APC were picked on his behalf, triggering outrage as many called on him to step down.
Governor Rotimi Akeredolu of Ondo State, who described Emefiele’s interest in the 2023 Presidency as “a joke taken too far”, had asked Buhari to fire him if he refused to step down.
But in a series of tweets after the development, Emefiele declined the presidential forms bought for him, saying he would use his resources to purchase them if he is interested in the race.
He said God would decide for him “in the next few days”.
But early this week, another twist was added to the development as a suit was filed before a Federal High Court in Abuja over the alleged plan to disqualify him from the 2023 presidential primaries slated for the end of this month.
Independent National Electoral Commission (INEC) has given political parties a deadline of June 3 to submit their candidates for the 2023 elections.
Some lawyers had argued that Emefiele was unfit to run going by Section 84 (12) of the Electoral Act.
The section states that no political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election.
But in some documents, Emefiele, through his lawyer, Mike Ozekhome, argued that he is not a political appointee and by provision of the constitution, he is expected to resign a month before the February 25, 2023, presidential election.
He also contended that a Federal High Court in Umuahia, Abia State, had nullified section 12 (8) of the Electoral Act.
INEC and the Office of the Attorney-General of the Federation (AGF) were joined in the suit.
Buhari had on Wednesday ordered the resignation of political appointees seeking to contest the 2023 elections.
The CBN governor was copied in the circular titled, ‘Ministers, heads of government agencies, ambassadors and other appointees with political ambitions to resign’.
On Wednesday, four of the nine ministers seeking to contest the 2023 elections quit the cabinet.
A small passenger plane with 11 passengers on board has crashed in a forest in central Cameroon on Wednesday, the country’s transport ministry has said in a Premium Times report.
The aircraft was flying from Yaounde Nsimalen Airport to Belabo in the east of the country when air traffic services lost radio contact.
“The air traffic services have lost radio contact with an aircraft flying from Yaounde-Nsimalen-Dompta-Belabo-Yaounde-Nsimalen on Wednesday, May 11, 2022 with 11 people on board,” Jean Ernest Massena Ngalle Bibehe, the transport minister was quoted to have said.
There were no survivors.
Reports have it that the pilot was Adzuayi Ewuga, a Nigerian and daughter of a former FCT minister of state, Solomon Ewuga.
The airplane reportedly belonged to Caverton and was carrying workers on a mission from their base in Douala to Belabo in the east region of Cameroon.
The crash is the first major industry incident to occur in Cameroon since 2007, about 15 years after a Kenya Airways plane carrying 114 people crashed after takeoff from Douala, killing everyone on board.
At least seven soldiers were killed and two others were missing in Taraba state, Northeast Nigeria after they were ambushed by gunmen while on patrol, two military sources said on Wednesday.
The attack occurred on Tuesday night when troops from the 93 Battalion came under heavy fire in the village of Tati in the Takum local government area of Taraba. A brigadier general and his aide were missing after the attack, the sources said.
"Right now a search and rescue operation is ongoing," said an army source from the 93 battalion who declined to be named because he is not authorised to speak to the media.
There was no claim of responsibility for the attack. An army spokesman did not immediately respond to calls for comment.
Taraba suffered two separate bombings last month that were claimed by Islamic State militants and killed at least three people and injured more than 30.
For more than a decade, Nigeria has grappled with an Islamist insurgency that has targeted communities and security forces in northern parts of the country.
Peoples Democratic Party (PDP) says its presidential ticket will not be zoned to any region.
Debo Ologunagba, PDP spokesperson, announced this Wednesday night after the national executive committee (NEC) meeting at the party’s headquarters in Abuja.
He said the decision aligns with the recommendation of the party’s zoning committee.
“After a very extensive deliberation, NEC aligned with the recommendation of the PDP national zoning committee that the presidential election should now be left open,” Ologunagba said
“The party should also work towards consensus where possible.”
The party’s decision implies that all presidential hopefuls from the six geo-political zones can contest at the party’s special convention scheduled to take place on May 28.
Delegates from across the country will elect a candidate to represent the party in the 2023 presidential election at the special convention.
The announcement finally put to rest speculations regarding the zoning of the opposition party’s presidential ticket.
In April, there were reports that the PDP presidential ticket was thrown open — after the zoning committee submitted its recommendation to the national working committee (NWC) of the party.
The situation elicited criticism, especially from those in the southern part of the country.
But Samuel Ortom, governor of Benue and chairman of the zoning committee, denied the claim and said he was misquoted on the matter.
The PDP spokesperson also said NEC appointed David Mark, former senate president, as chairman of the special convention committee, while Ifeanyi Ugwuanyi, governor of Enugu, will serve as the deputy chairman and Ibrahim Shema as secretary.
As political activities continue to increase towards the 2023 general election, National Judicial Council (NJC) has issued a Policy Direction to guide judges that would be handling political and election related cases.
The new regulations according to the body was borne out of concern in “the multiplicity of litigations of political suits at different courts of coordinate jurisdiction across the nation”, which according to the NJC is responsible for “conflicting orders on the same issues and facts”.
A statement from the Director Information, NJC, Soji Oye, disclosed that the decision was made on May 10 and 11 at the 98th Meeting of the NJC.
The meeting was chaired by the Chief Justice of Nigeria (CJN) Ibrahim Muhammad.
The statement noted that, “These Policy Directions shall apply to all suits filed in any court in Nigeria wherein the parties include Independent National Electoral Commission (INEC), any political party or its officers, any other person, natural or legal, suing or sued for a declaration in relation to any action taken or to compel or restrain any action or omission with respect to the affairs of a political party or any election into a public office”.
It explained further that the objectives amongst others is to “Prevent the multiplicity of litigations at different Courts of coordinate jurisdiction across the nation, resulting in conflicting orders on the same issues and facts;
“Recognise that courts need to embrace prudential limitations on their powers with a view to curtailing the incidences of unscrupulous forum shopping disrupting the administration of justice and the democratic process; and “Acknowledge that the circumstances necessitate further administrative measures and procedures to complement and support the judicial process”.
The Policy Directions read:”Without prejudice to the powers of Election Petitions Tribunals constituted pursuant to the provisions of the Constitution of the Federal Republic of Nigeria.
“Pending the Constitution of a Cross Jurisdiction Litigation Panel (CJLP) to give directions on appropriate litigation for a for cross jurisdiction litigations: All suits to which these Policy Directions apply shall be filed, received, or entertained only at the High Court of the Federal Capital Territory in so far as the relief sought, or potential consequential order (s) or declaration (s) may restrain or compel persons or actions beyond the territorial jurisdiction of any one State;
“Where such suits are within the exclusive jurisdiction of the Federal High Court, they shall be filed or received at Abuja and assigned by the Chief Judge of the Court;
“All such suits wherein the cause of action arose in a State and the relief seeks a declaration or to compel or restrain person (s), natural or legal, within that State’s territory, with no consequence outside the State, shall be filed, received, or heard only in that State;
“All Heads of Court shall assign cases or constitute panels with a view to forestalling the incidences of conflicting judgements and rulings;
“Once facts or issues have been ruled upon, no other Court or Panel of Coordinate Jurisdiction shall be assigned or entertain Suits on the same subject matter and parties shall comply or proceed on appeal to the appropriate higher Court;
“Rules of Court shall require sufficient notice and publicity of actions that potentially impact other cases;
“Rules of Court shall stipulate solemn disclosure duties on litigants filing actions that may impact other actions.
“Heads of Court shall exercise their rule making and administrative powers to give effect to these Policy Directions”.
The direction according to the statement comes into effect from May 11, 2022.
Meanwhile, the NJC has considered the list of candidates presented by its Interview Committee and recommended 49 successful candidates for appointment as Heads of Courts and other Judicial Officers in Nigeria.
The council, in addition, also received Six notifications of retirements and One notification of death from the Federal and State High Courts.
Nigeria has a record of 18.5 million out of school children out of which 10 million are girls, the chief of UNICEF Field Office, Kano, Rahama Farah, has said, in a Premium Times report.
Farah, who spoke during a media dialogue on girls’ education in Kano Wednesday afternoon, said the statistics are alarming.
The dialogue is part of a three-day training for journalists from Katsina and Kano States.
He said: “Currently in Nigeria, there are 18.5 million out of school children, 60 per cent of these out of school children are girls – that is over 10 million girls are out of school.
“Most importantly you will need to know that the majority of these out of school children are actually from northern Nigeria.
“This situation heightens the gender inequity, where only 1 in 4 girls from poor, rural families complete Junior Secondary school education,” he said.
The UNICEF field chief said bandits’ attacks in the Northwest states have also compounded the situation
Farah said the attacks have led to parents not sending their children to school.
He said it has created an unfavourable learning environment which led to a decrease in the number of girls attending school.
He asked journalists to continue to advocate increased funding and allocation of resources for the development of education in the country.
Project success
Farah, however, said the interventions by the Girls Education Project 3 (GEP3) funded by the Foreign, Commonwealth and Development Office of the UK and implemented by UNICEF, over 1.4 million girls have returned to school.
“This support has expanded access to education for girls, resulting in no fewer than 1.4 million girls having access to education in northern Nigeria.
“With more of similar support, and working together with government and development partners, parents, communities, traditional and religious leaders, we can achieve more by enrolling more girls in schools, and ensuring they complete their full education,” he said.
He said the project has also led to the establishment of a multi-sectoral task team in the 34 local government areas of Katsina State “to provide quick networking among actors on school security, with additional focus on the safety of the girl child.
“Additionally, 60 Junior Secondary Schools have developed emergency plans and tested the plans in evacuation drills,” he said.
He said that in Kano State 300 School-Based Management Committee members have been trained, while schools have developed School Emergency Preparedness and Response Plans to mitigate the impact of potential and actual threats on schools.
Senate has amended the Electoral Act 2022 to allow statutory delegates to participate and vote in party conventions, congresses and meetings, the premium Times has reported.
In an accelerated passage, the lawmakers amended Section 84(8) of the law – which initially allowed only elected delegates of a party to participate in the conventions or other meetings.
The legislation, sponsored by the Deputy Senate President, Ovie Omo-Agege, scaled first, second and third readings at plenary on Tuesday.
Leading the debate, Omo-Agege noted that the initial section of the bill was an error on the part of the legislature.
Section 84(8) of the Electoral Act does not provide for the participation of what is generally known as statutory delegates in the conventions, congresses or meetings of political parties, he explained.
“Section 84(8) provides for the participation of elected delegates in the conventions, congresses or meetings of political parties held to nominate candidates.
“This was an unintended error and it can only be corrected with this amendment.”
Corroborating his debate, Uche Ekwunife and Sabi Abdullahi said the “error happened inadvertently” and was not the intention of the National Assembly.
The bill was thereafter passed in the committee of the Whole.
After the passage, Senate President, Ahmad Lawan, said the Electoral Act “has a deficiency that was never intended and the deficiency will deny all statutory delegates in all political parties from participating in congresses and conventions.”
He described the bill as emergency legislation and hoped that the National Assembly will finish the processing of the amendment by Wednesday and have the executive assent to it within the week.
The lawmakers in January, transmitted a reworked version of the bill to President Muhammadu Buhari for assent, after the latter had rejected it five times – citing reasons that ranged from cost of election, insecurity, drafting errors to proximity to the date of elections.
In the newly signed bill, the lawmakers had addressed an issue raised by the president – the mode of primaries for which political parties will conduct primary elections to elect candidates for political offices.
The Act allows political parties the option of using direct, indirect or consensus modes of primaries. It also allows the use of electronic voting and electronic transmission of results.
The bill became an Act after Buhari assented to it in February.
Garba Shehu, presidential spokesman, says President Muhammadu Buhari will hand over to his successor at the end of his tenure in 2023.
On Monday, Robert Clarke, senior advocate of Nigeria (SAN), had said the Nigerian constitution allows Buhari to extend his tenure in order to tackle the country’s security challenges.
Reacting to the statement on Tuesday, Shehu said the president is committed to observing democratic values by handing over to the candidate elected by the people.
“Robert Clarke, a very well respected elder may be sincere in his wish for the president to extend his term by six months. We wish to categorically restate that the president will step down on May 29th, 2023, after serving two terms – as per the constitution,” he said.
“Having been the first recipient of a democratic transfer of power from an incumbent administration to an opposition candidate in Nigerian history, the president is committed to extending and entrenching democratic values across the country. He shall, in turn, hand the privilege of serving the people of Nigeria to whomever they choose through free, fair and credible elections.
“However, Clarke is right to say that without security, Nigeria would not likely realise its true potential as a peaceful and prosperous nation. That is why it has been at the core of this administration. The results are there for all to see.
“Boko Haram terrorists have been forced back from controlling whole swathes of this country. Internally displaced persons are now returning to rebuild their communities. This achievement has been accomplished through the bravery and determination of the Nigerian armed forces and the fortitude of the people of our nation.
“New challenges have arisen and tackled in turn – whether it’s the National Livestock Transformation Plan to alleviate herder-farmer clashes, the elimination of the leadership of ISWAP, or new efforts to combat banditry. Till the last day of the administration, the security of the citizens shall remain the administration’s paramount concern.
“We shall finish the job. Yet, in any case, respect for the constitution and Nigerians’ democratic rights remains the best path to securing and then maintaining peace.”
Shehu added that the administration will honour the constitution and the people’s right to decide.
Nigeria’s former president, Goodluck Jonathan, has rejected a presidential nomination form bought for him by a group from northern Nigeria, the Premium Times has reported.
Jonathan described the purchase of the form, ‘without his consent’ as an ‘insult.’
In a statement by his spokesperson, Ikechukwu Eze, Jonathan also said he has yet to decide whether to seek re-election on the platform of Nigeria’s current ruling party, APC.
Jonathan governed Nigeria on the platform of the PDP for five years before losing his re-election bid to Muhammadu Buhari of the APC in 2015.
Buhari concludes his constitutionally permitted second term in 2023 and there has been a rush by many APC politicians to succeed him.
Over 25 presidential forms, each costing N100 million, have been bought in the APC.
It was widely reported how a northern group, Monday, bought the form for Mr Jonathan who has refused to categorically distance himself from the presidential race.
His spokesperson, Eze, however, said in his statement that the former president was not consulted before the form was bought.
“It has come to our notice that a group has purportedly purchased Presidential Nomination and Expression of Interest forms, of the All Progressives Congress APC, in the name of former President Goodluck Jonathan,” Ani wrote.
“We wish to categorically state that Jonathan was not aware of this bid and did not authorize it. We want to state that if the former President wanted to contest an election, he would make his intentions clear to the public and will not enter through the back door.
“While we appreciate the overwhelming request by a cross-section of Nigerians, for Jonathan to make himself available for the 2023 Presidential election, we wish to state, that he has not in anyway, committed himself to this request.
Buying a presidential aspiration form in the name Jonathan without his consent, knowing the position he had held in this country, is considered an insult to his person. The general public is therefore advised to disregard it.”
More...
Cocoa farmers in Ofosu in Idanre Local Government Area of Ondo State on Monday protested against an alleged sale of their farmland to a Chinese company by the state government.
The protesters barricaded the Lagos/Benin Expressway, carrying placards with different demands.
Some read: “Respect Our Right to Livelihood”, “Don’t Give Our Land to Mindless Capitalists” and “We Want to Remain Farmers and not Armed Robbers”.
Others read: “No Farmers, No Nation”, “Please, Don’t Take our Farms” and “Have Mercy on Us. Don’t Take our Farms”
Speaking with journalists during the protest, a community leader, Kazeem Akinrimisi, the Sasere of Ofosu, noted that he had been farming on the land for more than 20 years.
He said more than 25,000 farmers registered by the state government had been paying their dues to the government.
Akinrimisi said he paid N6 million as dues for farming on the land to the state government in 2021 and pleaded that government should allow the farmers to acquire the land instead of imposing foreigners on the indigenes.
According to him, the farmers occupy 74 camps in the community spread over 20,000 acres of land.
An octogenarian, Ezekiel Olatunji, in his reaction enjoined the government to consider the lands as the farmers’ means of livelihood.
Olatunji said that he had been farming on the land for more than 20 years and that he paid N1.2 million as his due to the state government in 2021.
He stated that he was surprised that the government decided to sell the land to foreigners, saying that cocoa is a major foreign exchange earner for Nigeria.
The octogenarian asked Governor Rotimi Akeredolu to allow the farmers to be paying their dues, saying that they could even pay more if desired by the government.
In a similar vein, Samuel Awolola, who said that he had been on the land for 27 years, asked the government to show mercy to the farmers since they were willing to pay their dues.
He said that Obada Camp in the community where he belonged paid N9 million out of N10 million as farming dues to the government in 2021.
Georginah Ose, another protester, said that taking the land away from the farmers could increase crime in the society, saying that more than 25,000 farmers would be rendered jobless.
Henry Olumakaye, the Olu of Ofosu, appealed to the farmers to be calm and avoid violence.
The traditional ruler asked the farmers to be peaceful, promising that the palace would hold a meeting with the state government on Tuesday.
Calls put across to Akin Olotu, Special Adviser to the governor on Agriculture and Agribusiness went unanswered just as he did not respond to text messages sent to him.
Academic Staff Union of Universities (ASUU) has said it would not yield to the decision by the Nigerian government to “starve” its members over the ongoing prolonged strike.
It described the decision as ill-advised, and said rather than forcing its members to back down, it would complicate matters.
ASUU President, Emmanuel Osodeke, reiterated this on Monday in a statement issued to announce the extension of the three-month-old strike by additional three months.
He decried the failure of the government to accede to its request, and accused the elected and appointed government officials of showing no concern because their children and wards allegedly school abroad.
The statement reads in part: “Government’s resort to the use of starvation as a weapon for breaking the collective resolve of ASUU members and undermine our patriotic struggle to reposition public universities in Nigeria is ill-advised and may prove counterproductive”
The labour and employment minister, Chris Ngige, has never hesitated to state the government’s capacity to invoke Section 43 of the Trade Disputes Act, which he noted empowers an employer to refuse to pay a worker who may embark on strike, “especially those on essential services.”
The government has since March stopped the payment of salaries for the striking ASUU members.
Rush for Presidential forms
The union also condemned the rush for the purchase of the ruling All Progress Congress (APC) N100 million presidential nomination forms by politicians. It accused the labour and employment minister, Nigige, and the minister of state for education, Chukwuemeka Nwajiuba of insensitivity.
ASUU said they have turned a blind eye to the closure of the universities and focused on the next election.
ASUU said: “NEC was shocked that public universities have remained closed for about three months while members of the political class were busy purchasing expression of interest and nomination forms worth several millions of naira in preparations for 2023 elections.
“Those in power turned their back on our degraded universities as they shuttle between Europe and America to celebrate the graduation of their children and wards from world class universities. This speaks volumes on the level of depravity, insensitivity, and irresponsibility of Nigeria’s opportunistic and parasitic political class.”
On insecurity
ASUU also linked the security situation in the country to the “criminal neglect of education and gross mismanagement of the nation’s collective resources.”
“This is evident in the collapse of the security architecture of our nation. Insecurity is getting worse by the day and spreading like the harmattan inferno in hitherto peaceful and secured parts of Nigeria, including university campuses.
“ASUU warns, once more, that unless something drastic is done to reverse these ugly trends, the country may be headed for a state of anarchy.”
ASUU condemned what it described as “provocative statements of some government functionaries” and commended the Nigerian Labour Congress (NLC), and those it called patriotic students’ groups and civil society organisations, “who have taken steps towards resolving the current labour dispute with the Nigeria government.”
Why strike extension?
ASUU listed parts of the reasons for the extension of the strike to include the failure of the three-man committee set up by President Muhammadu Buhari to resolve the crisis.
Buhari had in February mandated the trio of his chief of staff, Ibrahim Gambari, a professor, and ministers of education, and labour and employment, Chris Ngige and Adamu Adamu, respectively, to jointly address the disagreement between ASUU and the government.
But ASUU said the committee has not held a single meeting since February 1 when it was constituted.
ASUU also emphasised its preference for the adoption of the May 2021 drafted agreement on the ASUU-Federal government renegotiation of the 2009 agreement which was drafted by the defunct Munzali Jibril-led renegotiation committee.
The Abuja division of the Federal High Court has rejected an ex-parte application filed by Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, to restrain the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) from disqualifying him from contesting the 2023 presidential election.
Emefiele had prayed the court, through his counsel, Mike Ozekhome, for an order of status quo ante bellum to be made against INEC and AGF so that he would not be made to resign from office until 30 days to the general election.
He sought the order pending the hearing and determination of the substantive matter.
The CBN governor also prayed Ahmed Mohammed to stop INEC from taking any action against him in the bid to contest in the presidential primary by virtue of his office.
He made the prayers in an ex-parte motion dated and filed on May 9 by Ozekhome, seeking an order of maintenance of status quo ante bellum pending the hearing and determination of the substantive suit. While INEC is the 1st defendant, the AGF is the 2nd defendant in the suit.
Moving the motion, Ozekhome said though his client had not told him under which political party he would love to contest, the application became necessary in order for the court to determine the constitutionality of his (Emefiele’s) decision.
“The plaintiff is a current governor of CBN. He desires to run for the office of president of Nigeria in the election coming up in 2023.
“But he is in a dilemma whether he can run. Can he run? If he can run, when must he leave office as CBN governor?
“We want the interpretation of the law as it is today,” he said.
He argued that Emefiele, by virtue of Section 318 of the 1999 Constitution, is a public servant.
He said only political appointees are caught with Section 84(12) of the Electoral Act, 2022, which he said had been struck down by a Federal High Court sitting in Umuahia in Abia.
According to him, the matter is currently on appeal and the Court of Appeal has not come up with a decision.
“Even if the Court of Appeal upturn that judgment, is the plaintiff a political appointee? Our answer is no,” he said.
He argued further that Emefiele is only bound by Section 137 which says that a public officer shall resign from office not later than 30 days before election.
“This is the constitution and we seek constitutional interpretation of this matter,” he said.
But in his ruling, Mohammed did not grant the motion.
Rather, he adjourned the matter until May 12 for ruling.
Gbenga Adebayo, chairman, Association of Licensed Telecommunication Operators (ALTON), has asked the federal government to remove “nuisance taxes” placed on operators in the sector.
Nuisance tax is a tax imposed as a percentage of the selling price of goods or services, payable by the customer and transmitted by the seller to the taxing authority.
Adebayo said this on Sunrise Daily, a Channels Television programme on Monday.
Last week, it was reported that President Muhammadu Buhari had approved the collection of five per cent excise duty on telephone recharge cards and vouchers.
The new 5 per cent duty would add to some of the taxes levied on telcos in the country, including tertiary education tax, companies income tax, value-added tax, right of way charges, annual operating levy, among others.
Speaking on the levies, Adebayo said operators faced about 36 levies and taxes, and an additional 5 per cent duty on recharge cards would take effect on June 1.
“The behaviour of government is not helping things for anyone. As at today, we have about 36 levies and taxes against operators. An additional 5% excise tax has now been considered effective for the first of June. All of these affect the sector, and that’s why we want the regulators to see that this is where we are,” he said.
“Regulators should look at the challenges that we are facing. Government should intervene where they can intervene and I must say not in the way of a bailout but to use the regulatory instruments to get what we want for us.
“The sector should be declared as national critical infrastructure. When this is done, it becomes important like the oil and gas sector across the country. We’re saying any negative impact on the telecommunication sector will affect the entire economy.
“There are levies and taxes defined in the statutory, we have no objections to those ones. The nuisance taxes are the ones that are problematic. If the government says they will charge effluent discharge tax on operators, what is that, we are not an oil service company. What is environmental sanitation tax on telecommunication companies.”
As reported last week, the telcos have asked for upward reviews in voice calls, short message services (SMS) and data costs.
The group said the recent excise duty of five per cent on telecom services will further increased the burden of multiple taxes and levies on the industry.
Meanwhile, the Nigerian Communications Commission (NCC) had said it will not allow any tariff increase by the telecommunication companies without adequate approval.