Nigeria Content Online

The Senate on
Wednesday passed the third amendment to the 1999 constitution, in order
to enshrine the establishment and operation of the National Industrial
Court in the constitution, as a court of superior record amongst courts
established for the federation, four years after it was established.

The court was
established through an Act in 2006, but the National Assembly said it
has not performed optimally because it was not listed in the 1999
constitution.

“For the Industrial
Court to achieve the purpose for which it was established, the court
must clearly and expressly be listed in the relevant sections of the
constitution dealing with judicial powers and related matters, even as
supported by the Supreme Court judgement in suit No. Sc. 62/2004,” said
Ike Ekweremadu, the deputy Senate president and leader of the ad hoc
committee on the review of the 1999 constitution.

The court would
have and exercise jurisdiction in civil matters relating with any
labour, employment, trade unions, industrial relations, and matters
arising from work place, the conditions of service – including health,
safety, and welfare of labour, employee, worker – and other matters
incidental to it.

The court will also
preside over matters arising from Factories Act, Trade Dispute Act,
Trade Unions Act, Labour Act, Workmen’s Compensation Act, or any other
law relating to labour, employment, industrial relations, workplace, or
any other related law.

New layer of justice

The court will also
determine issues relating to grant of any order restraining any person
from taking part in any strike or any industrial action, lock outs, and
(or) issues connected with any dispute arising from national minimum
wage for the federation or any part of the country.

The court, upon the
completion of the amendment process, would attain the status of a High
Court in all ramifications, and appeals from its judgments will be
heard and terminate at the Courts of Appeal.

The court will be
headed by a president and will be constituted by at least one judge or
at most, three judges, as the president of the National Industrial
Court may direct. The president of the court will be appointed by the
president on the recommendations of the National Judicial Council,
subject to the confirmation of the Senate.

Following the
passage of the bill at the Senate, progress on the bill is dependent on
the House of Representatives and subsequent assent of at least 24
states Houses of Assembly.

The executive
secretary of the Universal Basic Education Commission (UBEC), Ahmed
Modibo, has alleged that evidences abound on how officials of the
commission defrauded it.

Testifying at a
Federal High Court in Abuja, in the suit instituted by the EFCC against
four officials of the commission and three others, Mr. Modibo alleged
that they defrauded it to the tune of N787 million.

He said the accused used fake companies and forged newspaper publications to commit the act.

Mr. Modibbo said
that four of the six companies involved in bidding for the supply of
plastic chairs and desks to junior secondary schools in the country in
phase one of the project were fake.

He submitted that
the former executive secretary of the commission, Bridget Sokan,
directed him to write a memo to the Education Trust Fund (ETF) for the
release of the funds.

Mr. Modibo said he noticed foul play when the ETF replied that the phase one of the project was not properly executed.

He said that a
Unity Bank branch and an oil service company were located in a building
which two of the companies involved in the bidding claimed as their
address in Port Harcourt.

He added that Mrs.
Sokan’s price and contract evaluation committee awarded the contract of
N787 million, out of which N636 million was paid as mobilisation fee to
Intermarket Nig. Ltd.

The News Agency of
Nigeria (NAN) reports that Mrs. Sokan and six others are facing a
63-count charge, bordering on fraudulent inducement, criminal
conspiracy, and criminal subversion of due processes in the award of
contracts.

Other persons
standing trial in the case are: Molkat Mutfwang, Michae Aule, and
Andrew Ekpunobi, while Intermarkets USA, Intermarkets Nig. Limited, and
Alexander John Cozman are the companies allegedly used to perpetrate
the fraud.

Justice Adamu Bello adjourned the case to February 14 and February 21, 2011 for continuation of cross examination.

The controversial zoning arrangement of the Peoples
Democratic Party (PDP) took another dimension yesterday when an Abuja
High court ruled that the constitution of the party recognizes the
principle of zoning and rotation of party and elective offices,but it
is wrong to claim that the North is entitled to bear the party’s
presidential ticket in the 2011 presidential polls.

Delivering judgment on the matter, the Chief Judge of
the High Court of the Federal Capital Territory (FCT), Lawal Gummi held
that nomination of presidential candidate of the party is within the
realm of its domestic affairs and as such, not judiciable.

“The provision of Article 7.2 (c) of the 1st
defendant’s constitution 2009 as amended recognizes the principle of
zoning and rotation of party and public elective offices,” he said.
“The said article is subsisting and binding on the party, its organs
and members but I am unable to make a declaration that the North is
entitled to bear the presidential ticket of the 1st defendant for two
consecutive terms. i.e. 2007 and 2011 respectively as the South did in
1999 and 2003 same being a political question and therefore not
justiciable.”

Specifically, he said there is no ambiguity in the
wordings of Article 7.2 (c) of the PDP constitution that can generate
unnecessary controversy, adding that the article provides that: “In
pursuance of the principles of equity, justice and fairness, the party
shall adhere to the policy of rotation and zoning of party and public
elective offices and it shall be enforced by the appropriate executive
committee at all levels.

“Though PDP’s constitution recognizes zoning and
rotation, it is an internal matter for the party to determine and
decide how and to where the zoning is done as forcing a political party
to sponsor candidates from a certain zone in the country will amount to
delving into the internal affairs of the party”.

Internal matter

Mr Gummi noted that the court’s attitude is to
interpret the words of a statute or instrument,not to force a politcal
party to sponsor candidates from a certain zone in the country , he
said , doing that will be delving into the internal affairs of the
party which is not the the duty of the judiciary.

“If a party’s constitution makes a provision as to
how its affairs should be run, it must be run in that manner and the
court is duty bound to ensure that the party complies with its
constitution’s requirement’’.

“I also refuse to make a declaration that the 1st
defendant will be in breach of its constitution if it sponsors a
southern presidential aspirant where the North has not exhausted its
two consecutive two terms as the constitution does not provide for such
specific arrangements”, he said.

It would be recalled that Sani Aminu Dutsinma had dragged the ruling
party and its National Chairman, Dr. Okwesilieze Nwodo, before the
court challenging the party’s stand on the controversial zoning of the
presidency.

The All Progressive
Grand Alliance (APGA), on Wednesday, demanded the removal of the
Secretary to the Independent National Electoral Commissioner, Abdullahi
Kaugama and one of its commissioners Philip Umeadi over their alleged
roles in the lingering crisis in the party.

According to a
communiqué signed by its National Secretary, Bello Umar after its
National Executive Committee (NEC) meeting in Abuja, APGA said that in
May 2009, Mr Kaugama wrote a letter confirming Mr Okorie as the
national chairman of the party pending the final determination of the
disputes between the two factions, but turned around in August this
year, in another letter, to declare Victor Umeh as the chairman. The
NEC also alleged that Mr Umeadi misled the commission when he used his
capacity as commissioner in charge of legal matters to lie to the
public that the courts had established Mr Umeh as the then national
chairman when no court made such pronouncement. It added that Mr Umeadi
usurped the powers of the Edo and Ondo States Resident Electoral
Commissioners (REC) when he announced the results of the gubernatorial
elections in the two states in Abuja contrary to the provisions of the
Electoral Act. The committee said it has through its National Working
Committee (NWC) written a petition to the President Goodluck Jonathan,
the Senate President, David Mark and the Speaker of the House of
Representatives, Dimeji Bankole to demand the removal of the two INEC
officials from office.

A Federal High
Court sitting in Abuja had, on November 23, declared the party
leadership headed by Chekwas Okorie as the authentic one. The court
also declared that the party’s 2009 national convention was in order.

Time for primaries

The NEC has
approved a timetable for the conduct of party congresses and primaries,
which will end with a national convention on January 15, 2011 where the
candidates will be ratified.

According to the
timetable, both the governorship and presidential primaries will hold
January 12 while hearing on the appeals arising from the exercises have
been fixed for January 14.

The committee also
approved N10 million as nomination fee to be paid by presidential
aspirants and N5 million by governorship aspirants.

Other categories
approved are senatorial aspirants N1m; House of Representative
N500,000.00; State House of Assembly N200,000.00; local government
chairmanship N250,000.00 and Councillorship N20,000.00. Women aspirants
are to be excluded from paying the fees.

He however, sympathised with aspirants who had paid nomination fees
to the Umeh faction but said “I assure all genuine aspirants who wish
to contest elections in the 2011 general elections and various local
government elections on the platform of our great party of a
level-playing field without prejudice or discrimination whatsoever.”
All attempts to reach Kayode Idowu, spokesperson to the INEC chairman
failed.

Benin city, the Edo
state capital, will be the venue for the national convention of the
Action Congress of Nigeria. The party in a statement issued on
Wednesday by its National Publicity Secretary, Lai Mohammed said the
Ward Congress will hold on December 2nd; Local Government Congress on
December 6th; State Congress on December 11th and the National
Convention on December 16th.

While the Ward
Congresses will take place at the party’s ward offices, Local
Government Area Congresses will be held at the party’s
secretariat/office at the Local Government Area and the State
Congresses will be held at the party headquarters in the states. The
National Convention, where the party’s presidential candidate will be
elected, will hold at the Samuel Ogbemudia Stadium in Benin City.

Giving further
details of the Congresses and Convention, the party said “the ward
congress shall elect 20 ward officers,1 ex-officio member to the ward
executive,1 ex-officio to the local government executive, 8 delegates
made up of 5 delegates to the Local Government Area Congress holding on
the 6th of December 2010 and 3 delegates for the State Congress holding
on the 11th of December 2010.

“The local
government congress shall elect 21 local government officers,1
ex-officio to represent the local government at the state executive
committee and 2 delegates one of which must be a woman for the National
Convention.

“The state congress
shall elect 23 officers of the party that will constitute the state
working committee in compliance with section 7.11 of the party
constitution (while) the National Convention shall elect the National
Officers of the party and the 6 ex-officio members for the six
geo-political zones (each representing a geo-political zone); Consider
and approve recommendations for any amendment to the party
constitution; Receive, consider and take decisions on reports from the
National Executive Committee and deliberate, consider and approve any
other matters brought before it.”

No hanky panky

It also listed the
fees payable, for the collection of nomination forms, by all members
contesting for party offices, with those contesting ward chairmanship
to pay N500 each; Other ward offices N300; local government chairman
N5000; Other offices N2,500; state chairman N25,000; Other offices
N5,000; national chairman N100,000 and other offices N25,000. ACN said
the ward registers will serve as the voters register while the special
registration documents issued to the members at the just concluded
registration exercise will serve as voters card.

“Any aspirant identified as having a hand in any irregularity or
violence at any level may be suspended or expelled and shall forfeit
his/her right to participate in elections of the party or for any
elective office,” Mr Mohammed said, adding that “the National
Convention Committee is the final appeal authority in all election
disputes.”

Forgive them…they
know not what they do. I was recently in the company of a group of
mortgage bankers who were discussing the state of access to sufficient
and affordable housing in Nigeria. One of the elder participants shared
how he obtained a mortgage from the government as a young professional
starting his first job; the same home he lives in till today.

A younger member
made a passionate appeal for understanding of WHY? He was asking for
the How and Why successors of those patriotic and humane civil
servants, who worked so hard to bring affordable and plentiful home
ownership to our citizens, were not able to sustain what they put in
place. In those days, all that was needful to qualify for a mortgage to
buy or build a house was a pay slip.

Of course, this
same lament, ‘WHY?’, reverberates in every part of our lives that is
reliant on a functioning government and watchful regulators. With that
passionate and pained appeal in mind, I posed the question myself. Why?

I believe that one
explanation is the mindset of the people who have been in position of
leadership and influence in the public sphere over the last 50 years,
and in the last 10 years it has spilled over into the private sphere
too.

One of the most
famous quotes from Abraham Maslow, the creator of Maslow’s Hierarchy of
Human Development Needs is, “If the only tool you have is a hammer, you
tend to see every problem as a nail.” I would like to believe that that
is one of the major problems with our leadership.

In the run-up to
independence from colonial rule, our politicians and community leaders
were subconsciously indoctrinated with ‘Divide and Rule’ as the
leadership tactic passed on from then governor-generals who were the
available leadership role models. Our soldiers have always been taught
‘Command and Control’ as the necessary leadership strategy for managing
troops.

Consequently, our
leaders have been using those tactics that are designed for use against
us, their people. We have been waging war against ourselves! Any other
explanation seems improbable. Are we prepared to accuse the generals
who were patriotic enough to lay down their lives for our country on
both sides of the Biafran war of not loving their nation? I have not
spoken to anyone who holds those views. They are the ultimate patriots.
So, why was it under their rule that our educational system was
decimated; that our traditional values and loyalties were warped?

Let’s look at the
politicians. The great trio who led us into independence were, in fact,
members of a pan-African movement comprising of great African men and
women, including my personal favourite, Funmilayo Ransome Kuti.
Yet,after 50 years of independence, why on earth is politics still
being played along ethnic lines? If the British returned today, they
would find the country operating almost under the same regional model
they left us with.

The democratic and
military governments simply stepped into the shoes vacated by them.
They are still extracting wealth to be warehoused beyond our shores.
They are still enshrouding themselves with cloaks of privilege and the
trappings of wealth amassed on the suffering of others.

Harmful to themselves

“Forgive
them…they know not what they do,” said Jesus, (a.k.a Isa to Muslims),
while being crucified on the cross. Do we forgive our leaders for their
willful ignorance,their criminal lack of awareness and their failure to
act even in enlightened self-interest? What respect can we have for
power ministers who have to resort to generators even in their own
homes; or health ministers who shudder at the thought of submitting to
medical treatment in their own hospitals?

Let’s not talk
about petroleum or agriculture. They have not even made life better for
themselves, not to mention for the rest of us. How many of them have
true wealth by the time they are pushed out of power and in the years
after?

Democracy demands
tolerance for contrary opinion. There must be division of power,justice
for all regardless of status and hierarchy and freedom of
information.Divide and Rule, and Command and Control are not democratic
leadership styles.Yet, they seem to be the only styles our leaders
know. Just as the soldiers crushed any perceived ‘mutiny’ against their
command without considering the merit of the challenge to their
authority; just so, our legislators wish to self-perpetuate, all in our
perceived interest to command and control party politics. It is truly
ironic. Why does this scenario keep repeating itself?

“The road to hell
is paved with good intentions” As Samuel Johnson is credited to have
said, many a good wo/man has come to a bad end for employing unjust and
dishonest means to achieve a good end. So our darling leaders, take
heed. You are there to represent us, to protect our freedom even from
yourselves and to seek justice for us. Have faith that if you do your
job well, and if we elect a similarly responsible person to succeed
you, that our country will develop and our lives will improve.

Trust in the system you are part of, and allow yourself to be
limited by its structure. Avoid changing the rules of engagement
half-way through the game. You alone, no matter how hard you try,
cannot deliver what we all require. Only with three independent organs
of government, regulated by the media as the fourth estate, with an
engaged and active citizenry, and vibrant party politics can we
succeed. How do you wish to be remembered – as a burden or as a welcome
relief? The time to choose is now.

The Federal
Government has concluded efforts to ensure that HIV/AIDS has its own
budget provision in all the ministries, to further enhance its position
in the fight against AIDS, President Goodluck Jonathan said yesterday
in Abuja, on the occasion of the 2010 World Aids Day.

He also explained
the urgent need to scale up significantly towards the goal of universal
access to comprehensive prevention programmes, treatment, care, and
support by 2015.

“The federal
government is making every effort to ensure that HIV/AIDS has its own
budget provision in all the ministries and that adequate budget
provision is made for National Agency for the Control of Aids (NACA) to
further enhance its position in the fight against AIDS,” he said.

President Jonathan,
who was represented by the minister of health, Onyebuchi Chukwu, said
statistics have shown that only 14 percent of Nigerians have ever been
tested for HIV/AIDS, and that everybody needs to know his/her own HIV
status and take appropriate decision based on it, to cherish and guard
a negative result or to take steps to live positively with the virus.

“The sad thing,
however, are that many people still go about in ignorance, without the
benefit of knowing their status. I would like to seize this opportunity
to encourage every Nigerian, young and old, who has not yet known his
or her status, to heed the call to go for HIV counselling and testing,
to determine his or her status,” he said.

He said that in
order to stem the tendency to stigmatise and discriminate against one,
a bill on stigma and discrimination has passed through the House of
Representatives and is currently with the Senate.

Bill against discrimination

He expressed
confidence that the bill will be passed by the National Assembly, “and
l assure you l will sign it into law as soon as it reaches my office.”

The director
general of NACA, John Idoko, said there is increased funding for HIV,
with round 9 GF HIV grant recently signed worth $320 million for five
years, and an additional $3 million for quick wins PMTCT.

“World bank credit
of N225 million dollars for four years recently approved by the
government of Nigeria, and the USG and GON partnership framework for
2010-2015, also recently signed by the SGF, on behalf of the FGN,” said
Mr. Idoko.

He said that the
common goal of the agency is to halt and reverse the spread of HIV by
2015 and in so doing, also contribute to the developmental goals of the
nation, including vision 20/20/20.

Mr. Idoko said that
the HIV situation in Nigeria is already improving, as a result of the
progress already made, as recorded in the United Nations General
Assembly special session country report.

Members of the
National Working Committee of the Peoples Democratic Party (PDP)
yesterday met for several hours with the party caucus in the House of
Representatives.

This is coming just
after President Goodluck sought the approval of the National Assembly
for the extension of the implementation period of the 2010 Budget till
March 31, 2011.

Although the agenda
of the meeting between the lawmakers and the PDP leadership, led by its
national chairman, Okwesilieze Nwodo was not made known to reporters,
it was gathered that the controversial bill seeking to include the
lawmakers as members of their national executive committees of their
parties, was discussed.

It was further
learnt that the issue raised by the Central Bank of Nigeria Governor,
Sanusi Lamido Sanusi about the salaries and allowances of the
lawmakers, also came up.

Our correspondent
learnt that the leadership of the ruling PDP was desirous to be on the
same page with the parliamentarians on the issues, which it considered
could destroy the image of the party.

Before the meeting
went into closed-doors, Mr Nwodo commended the roles the PDP lawmakers
have played over the years on national issues, but observed that there
was an urgent need for them to close ranks in order with each other.

According to him,
with the impending general elections, it is imperative to keep all
party members, particularly the lawmakers informed of the challenges
facing the party.

Mr Nwodo noted that
such interactive sessions will allow members of the party to understand
the rules and guidelines which the party will adopt in the process of
conducting its primaries.

He praised the
lower legislative chamber for its intervention during the national
crisis arising from the absence of President Umaru Yar’Adua from the
country before he (Mr Yar’Adua) finally died.

According to the PDP boss, the intervention was historic because it sustained the unity of the country.

He also called for
the cooperation of the lawmakers on the issue of the national budget,
which has created rancour between the executive and the legislative
arms over the years, and urged the lawmakers to be ready to do their
best for the party and the country.

In a letter to the
National Assembly, Mr Jonathan said that the proposal to extend the
implementation of the budget was informed by the delays many of the
Ministries, Departments and Agencies (MDAs) have encountered in the
course of meeting the demands of the Bureau of Public Procurement
before projects are executed.

If the request is granted, the budget cycle will have been extended by an extra quarter for the second consecutive year.

A bill seeking the
alteration of the 1999 Constitution to create absolute financial
autonomy for the 774 local government areas in the country scaled
through second reading yesterday in the House of Representatives.

Leading the debate
on the general principles of the bill, its sponsor, Barnabas Bala (PDP,
Kaduna) said that in spite of the 20.6 percent revenue allocation from
the federation account to the councils, not much has been achieved in
the transformation of the rural areas.

The lawmaker stated that between 1999 and 2008 alone,

about N5 trillion
was disbursed to the councils from the Federation Account, adding that
this figure does not include the internally generated revenue of the
councils.

Mr Bala, who
wondered why there have not been commensurate developments in the rural
Communities, called for the alteration of section 162 of the
constitution to substitute subsections 5 and 6 with new paragraphs.

According to him,
subsection 5 should be altered to read: “The amount standing to the
credit of local government councils in the federation account shall be
distributed among the local government councils in a manner to be
prescribed by the National Assembly,” while section 6 should read “Each
local government council shall maintain a consolidated local government
account into which shall be paid all allocations to the councils from
the federation account, state allocations and locally generated
revenue.” The lawmaker also called for the deletion of subsection 7and
8 of section 162.

He argued that the
proposed amendment when achieved, will grant the local governments
autonomy from the state governments, which he said have been running
the councils like government departments under their jurisdictions.

Slot for women

Also on Wednesday,
the House rejected another amendment to the constitution seeking to
make it mandatory for 35 percent to be reserved for women in all
federal government ministerial and other appointments.

Binta Garba (PDP,
Adamawa) who sponsored the amendment wanted the alteration of sections
14(3), 147(3) and 223(2b) by inserting relevant words to give the 35
percent reserved slot to women in government appointments.

She argued that if
the sections are amended it will be in tandem with various treaties and
conventions the country was signatory to.

Abike Dabiri-Erewa
(ACN, Lagos), Khadijat Bukar Abba-Ibraim (ANPP, Yobe) and Saudatu Sani
(PDP, Kaduna), all female, supported the bill.

Ita Enang (PDP,
Akwa Ibom), however, advised the House against passing the bill,
pointing out that it was contrary to the spirit of section 42 of the
1999 Constitution, which he said was against all forms of
discrimination.

The bill was defeated when the Speaker, Dimeji Bankole put it to vote.

Bisi Akande, the
national chairman of the Action Congress of Nigeria (ACN) yesterday
said a committee has been set up by the ACN and the Congress for
Progressive Change (CPC) in a bid to merge the parties into a single
platform that can present a formidable opposition to the Peoples
Democratic Party in the 2011 general elections. The CPC is founded by
former head of state Muhammau Buhari.

Mr. Akande
confirmed this in Lagos while briefing journalists after the party’s
final National Executive Committee meeting prior to its national
convention.

“It is true that
General Buhari wants ACN to merge with CPC. After the meeting we had,
we set up a committee comprising members from the two parties. The
committee has advised that both political parties can operate on the
same platform. But we have not reviewed the recommendation made by the
committee since then. We have not taken any decision on whether to
merge with any political party or not,” he said.

Also, the party’s
publicity secretary, Lai Mohammed, said the national chairman of the
All Nigeria Peoples Party (ANPP) has met with ACN’s leaders with the
sole aim of forming a bigger platform that can challenge the ruling PDP.

“Our talk is not
limited to one political party but we have not reached any concrete
agreement with any political party,” he said.

Mr. Mohammed
announced that the ACN will hold its national convention from December
2 to 16. According to him, ward congresses will hold in each ward on
December 2, local government congresses will hold on December 6, state
congresses, with the exception of Bayelsa, Sokoto, Akwa Ibom, and Cross
Rivers, will hold on December 11, while the national convention will
hold at the Samuel Ogbemudia Stadium in Benin City, Edo State, on
December 16.

Former Lagos State
Governor Asiwaju Bola Ahmed Tinubu, said people should vote the ACN
into power in 2011 because it is a party that is consistent with its
principles.

“You have a party
like the Peoples Democratic Party that has been in power since 1999,
today you can summarise this government and party. They have not been
able to provide stable electricity, there is increasing poverty and
unemployment among our youths. There is no steady education programme,
education is regarded as the greatest weapon against poverty in this
country, yet it is not making any progress. No principle of
constitutionalism and federalism being adhered to, There is
interference all over the place,” he said, adding that there must be a
change of power in 2011 if Nigeria must change for the better.

Present at the
meeting held at the party’s state secretariat in Lagos were former the
incumbent Lagos State Governor Babatunde Raji Fashola, former Anambra
State Governor, Chris Ngige, former Sokoto Governor, Attahiru Bafarawa,
former Oyo State Governor, Lam Adesina, among others.