Despite a court
order on Monday, asking the Economic and Financial Crimes Commission
(EFCC) to release Francis Okakuro, the Acting Accountant General of
Bayelsa State, the commission yesterday filed a case against the trio
arrested and will charge them to court this week.

A Federal High
Court sitting in Yenagoa had on Monday ordered the release of Mr.
Okakuro and two other directors of the state Ministry of Finance and
Budget. However, the spokesperson of the agency, Femi Babafemi, said
the commission still relies on a court order allowing them to be held
for two weeks before charging them to court.

“We have filed
charges against them in court already. They are to be arraigned any
moment from now, either tomorrow or the day after. We have a court
order to keep them in custody; we got the order to keep them in custody
last week.

“When we arrested
them last week, because we know that it may not be possible for us to
arraign them immediately, we approached the court to get an order to
keep them for two weeks, an order which was granted and even still
ahead of the two weeks. I know that as at today, charges were filed in
court,” he said.

Order to release

A Justice of the
Federal High Court, Faji, had directed the commission to release Mr.
Okakuro; the Director of Treasury, Abott Clinton; and his predecessor,
Anthony Ikhoboh on liberal bail conditions, pending the determination
of the motion on notice.

The three
applicants had filed a suit against the EFCC for the enforcement of
their fundamental human rights, in line with the provisions of the 1999
Nigerian Constitution and the African Charter on Human and Peoples
Rights, which do not condone the detention of anyone beyond 48 hours
without charge or trial.

The three senior
officers of the Bayelsa State government have been in the EFCC custody
since March 15, without charge or trial, and claimed that they were
also denied access to their doctors and relations.

In a statement by Doifie Ola, the chief press secretary to the
Bayelsa State governor, Timipre Sylva deplored the arrest of the three,
describing the EFCC action as “crude, wondering why his men would be
taken away by the EFCC when no crime has been established.”

Despite a court
order on Monday, asking the Economic and Financial Crimes Commission
(EFCC) to release Francis Okakuro, the Acting Accountant General of
Bayelsa State, the commission yesterday filed a case against the trio
arrested and will charge them to court this week.

A Federal High
Court sitting in Yenagoa had on Monday ordered the release of Mr.
Okakuro and two other directors of the state Ministry of Finance and
Budget. However, the spokesperson of the agency, Femi Babafemi, said
the commission still relies on a court order allowing them to be held
for two weeks before charging them to court.

“We have filed
charges against them in court already. They are to be arraigned any
moment from now, either tomorrow or the day after. We have a court
order to keep them in custody; we got the order to keep them in custody
last week.

“When we arrested
them last week, because we know that it may not be possible for us to
arraign them immediately, we approached the court to get an order to
keep them for two weeks, an order which was granted and even still
ahead of the two weeks. I know that as at today, charges were filed in
court,” he said.

Order to release

A Justice of the
Federal High Court, Faji, had directed the commission to release Mr.
Okakuro; the Director of Treasury, Abott Clinton; and his predecessor,
Anthony Ikhoboh on liberal bail conditions, pending the determination
of the motion on notice.

The three
applicants had filed a suit against the EFCC for the enforcement of
their fundamental human rights, in line with the provisions of the 1999
Nigerian Constitution and the African Charter on Human and Peoples
Rights, which do not condone the detention of anyone beyond 48 hours
without charge or trial.

The three senior
officers of the Bayelsa State government have been in the EFCC custody
since March 15, without charge or trial, and claimed that they were
also denied access to their doctors and relations.

In a statement by Doifie Ola, the chief press secretary to the
Bayelsa State governor, Timipre Sylva deplored the arrest of the three,
describing the EFCC action as “crude, wondering why his men would be
taken away by the EFCC when no crime has been established.”

As the Senate
votes today to adopt the amendments of some sections of the 1999
Constitution, some of the recommendations of the review committee may
not get the required support.

Following the
submission of the draft Constitution, with special interest on
electoral reform, by the Senate Constitution Review Committee last
week, the Senate had gone on to consider clause by clause, the
alterations being sought, as recommended by its review committee, and
slated voting on the alterations for today.

However, the
recommendation by the review committee to delete section 68 (g) from
the 1999 constitution did not enjoy popular support from the Senators.
The section prohibits lawmakers from changing parties unless there is a
division in the party platform on which they were elected.

Contentious section

A sizable number
of senators, enough to deny the clause the required two-third majority
needed to pass it, opposed the recommendation by the review committee
to delete the section, saying it will discourage politics of ideology.

Ike Ekweremadu,
the deputy Senate president who led the review committee however argued
that the provision was necessary because it was infringing on
politicians’ right to free association.

He said the
section was deleted to allow for “liberalization of the political space
and maintaining the fundamental human right to freedom of association,”
adding that since the amended constitution will allow for independent
candidates, it was only fair that every other restriction should be
removed.

Olorunnimbe Mamora
(AC Lagos state) and the rest of his colleagues that argued against the
deletion of the restricting section said it was immoral for politicians
to cross carpet and that there is no freedom without restrictions.

“No freedom is absolute,” Mr. Mamora observed.

Another amendment
which will not likely get the consent of the 73 senators required to
pass it is the upgrade of the educational qualification needed by
politicians aspiring to run for elected positions.

The review
committee recommended that one of the qualifications for election
should be that the aspirant must have received tertiary education and
obtain the relevant certificates. The recommendation was also opposed
by some senators, although they were less in number than those opposed
to the scrapping of section 68 (g).

This will sail through

An insertion of
two clauses in section 228 to enable the National Assembly make laws
that will regulate how political parties practice internal democracy
was widely cheered by the People’s Democratic Party senators, and is
one recommendation that is sure to get the highest number of “yes”
votes.

“The National
Assembly may by law provide for guidelines and rules to ensure internal
democracy within political parties, including making laws for the
conduct of party primaries, and party conventions,” the draft reads.

The section also
includes the power for the National Assembly to confer on the
Independent National Electoral Commission (INEC), when necessary, the
powers to ensure that the political parties observe internal democracy.

An insertion to
account for every day a governor or president whose election was
annulled but who eventually wins the re-run election spends before the
re-run election, was also very popular with the senators.

“In the
calculation of the four year term, where a re-election has taken place
and the person earlier sworn in wins, the time spent in the office
before the date the election was annulled, shall be taken into
account,” the clause reads.

Other
recommendations that are likely to be passed include clauses which make
the Independent National Electoral Commission and its chairman above
the authority of the president or any other body, and those that will
make the commission, the National Assembly and the Judiciary
financially independent of the executive.

The independent
candidacy clauses and the recommendations to conduct election within 30
days and not earlier than 150 days before swearing in and not later
than 90 days before the swearing in date will be passed as well.

“We now throw the balls back to the people of Nigeria,” Ayogu Eze, the Senate spokesman said in an interview after the plenary.

The votes will be cast electronically and each senator will vote 39 times on the 39 sections up for amendment.

As the Senate
votes today to adopt the amendments of some sections of the 1999
Constitution, some of the recommendations of the review committee may
not get the required support.

Following the
submission of the draft Constitution, with special interest on
electoral reform, by the Senate Constitution Review Committee last
week, the Senate had gone on to consider clause by clause, the
alterations being sought, as recommended by its review committee, and
slated voting on the alterations for today.

However, the
recommendation by the review committee to delete section 68 (g) from
the 1999 constitution did not enjoy popular support from the Senators.
The section prohibits lawmakers from changing parties unless there is a
division in the party platform on which they were elected.

Contentious section

A sizable number
of senators, enough to deny the clause the required two-third majority
needed to pass it, opposed the recommendation by the review committee
to delete the section, saying it will discourage politics of ideology.

Ike Ekweremadu,
the deputy Senate president who led the review committee however argued
that the provision was necessary because it was infringing on
politicians’ right to free association.

He said the
section was deleted to allow for “liberalization of the political space
and maintaining the fundamental human right to freedom of association,”
adding that since the amended constitution will allow for independent
candidates, it was only fair that every other restriction should be
removed.

Olorunnimbe Mamora
(AC Lagos state) and the rest of his colleagues that argued against the
deletion of the restricting section said it was immoral for politicians
to cross carpet and that there is no freedom without restrictions.

“No freedom is absolute,” Mr. Mamora observed.

Another amendment
which will not likely get the consent of the 73 senators required to
pass it is the upgrade of the educational qualification needed by
politicians aspiring to run for elected positions.

The review
committee recommended that one of the qualifications for election
should be that the aspirant must have received tertiary education and
obtain the relevant certificates. The recommendation was also opposed
by some senators, although they were less in number than those opposed
to the scrapping of section 68 (g).

This will sail through

An insertion of
two clauses in section 228 to enable the National Assembly make laws
that will regulate how political parties practice internal democracy
was widely cheered by the People’s Democratic Party senators, and is
one recommendation that is sure to get the highest number of “yes”
votes.

“The National
Assembly may by law provide for guidelines and rules to ensure internal
democracy within political parties, including making laws for the
conduct of party primaries, and party conventions,” the draft reads.

The section also
includes the power for the National Assembly to confer on the
Independent National Electoral Commission (INEC), when necessary, the
powers to ensure that the political parties observe internal democracy.

An insertion to
account for every day a governor or president whose election was
annulled but who eventually wins the re-run election spends before the
re-run election, was also very popular with the senators.

“In the
calculation of the four year term, where a re-election has taken place
and the person earlier sworn in wins, the time spent in the office
before the date the election was annulled, shall be taken into
account,” the clause reads.

Other
recommendations that are likely to be passed include clauses which make
the Independent National Electoral Commission and its chairman above
the authority of the president or any other body, and those that will
make the commission, the National Assembly and the Judiciary
financially independent of the executive.

The independent
candidacy clauses and the recommendations to conduct election within 30
days and not earlier than 150 days before swearing in and not later
than 90 days before the swearing in date will be passed as well.

“We now throw the balls back to the people of Nigeria,” Ayogu Eze, the Senate spokesman said in an interview after the plenary.

The votes will be cast electronically and each senator will vote 39 times on the 39 sections up for amendment.

Isa Yuguda, the
governor of Bauchi State, has expressed optimism that Acting President
Goodluck Jonathan will choose a team that will help to drive the
economy as fast as possible.

Mr. Yuguda, who is
a son-in-law to the ailing President Umaru Yar’Adua, said, “he is fast
recovering.” He told journalists at the Presidential Villa after a
private meeting with Mr. Jonathan, that the country needs a team that
will help to reposition it for vision 2020.

The advice from
Mr. Yuguda is coming despite the belief in some quarters that as a
close confidant of Mr. Yar’Adua, he was not in support of the
dissolution of the cabinet by the Acting President last week.

Ignorant Gaddafi

In reaction to the
Libyan leader, Muammar Gaddafi’s statement that Nigeria should be split
into two, Mr. Yuguda said he should have studied the country before
making such an outrageous comment.

“That is
unfortunate and I don’t know whether Gaddafi knows Nigeria. I don’t
know whether he knows that Nigeria has close to 500 tribes. I don’t
know whether he knows that adherents of Christianity and Islam are
spread across the 36 states. So for him to suggest that Nigeria should
be sliced into two, I think he must be a big joker.

“We don’t even have
religious crisis in our country. What we have are purely ethnic
clashes, and these clashes are caused by economic hardship and
sometimes envy, and the international community views it as a religious
issue.”

Mr. Gaddaffi had said the solution to the sectarian crisis in
Nigeria was dividing the country into two, the North for the Muslims,
and the South for Christians.

Isa Yuguda, the
governor of Bauchi State, has expressed optimism that Acting President
Goodluck Jonathan will choose a team that will help to drive the
economy as fast as possible.

Mr. Yuguda, who is
a son-in-law to the ailing President Umaru Yar’Adua, said, “he is fast
recovering.” He told journalists at the Presidential Villa after a
private meeting with Mr. Jonathan, that the country needs a team that
will help to reposition it for vision 2020.

The advice from
Mr. Yuguda is coming despite the belief in some quarters that as a
close confidant of Mr. Yar’Adua, he was not in support of the
dissolution of the cabinet by the Acting President last week.

Ignorant Gaddafi

In reaction to the
Libyan leader, Muammar Gaddafi’s statement that Nigeria should be split
into two, Mr. Yuguda said he should have studied the country before
making such an outrageous comment.

“That is
unfortunate and I don’t know whether Gaddafi knows Nigeria. I don’t
know whether he knows that Nigeria has close to 500 tribes. I don’t
know whether he knows that adherents of Christianity and Islam are
spread across the 36 states. So for him to suggest that Nigeria should
be sliced into two, I think he must be a big joker.

“We don’t even have
religious crisis in our country. What we have are purely ethnic
clashes, and these clashes are caused by economic hardship and
sometimes envy, and the international community views it as a religious
issue.”

Mr. Gaddaffi had said the solution to the sectarian crisis in
Nigeria was dividing the country into two, the North for the Muslims,
and the South for Christians.

While the debate on who chairs the
Independent National Electoral Commission(INEC) continues, an electoral
assessment report has slammed the Commission for the current dearth of
public confidence in Nigeria‘s voting process and urged the executive
arm of the government to immediately change its leadership.

The report made 10 major
recommendations to improve Nigeria’s electoral processes, ahead of the
2011 elections. The recommendations, two which require legal reforms,
include reconstitution of INEC chair and board, transparency on the
part of INEC, and a call for support from the media and civil society
groups to ensure accurate reportage of elections. The report also made
recommendations for the police and the judiciary.

According to the report, commissioned
by the United States and United Kingdom governments, Nigeria will only
be able to conduct credible elections next year if some reforms were
urgently carried out, while specifically decrying the “profound and
widespread lack of trust” in INEC.

“Most critically, the crisis of
confidence in INEC must be addressed urgently for credible elections to
be possible,” the report said, adding that the agency had failed to
take “critical reform initiatives to improve its own performance and
public confidence in the process”.

The group which carried out the
research, Independent Electoral Assessment Team, comprised five members
and chaired by Kwadwo Afari-Gyan, the Chairman of the Ghana Electoral
Commission, was convened by the US and UK diplomatic missions in
Nigeria on the request of President Umaru Yar’Adua, late last year.

Between 9 January and 29 January, Mr.
Afari-Gyan and his team carried out the research in Nigeria and a final
draft of the report was obtained yesterday.

The other members of the team are Denis
Kadima, executive director of the Electoral Institute of Southern
Africa; Darren Kew, a professor of International Dispute Resolution at
the University of Massachusetts; Hannah Roberts, an election
consultant; and Margarita Aswani, a democracy and governance consultant.

The new and the old

While accepting
that some legal reforms are necessary for a change in Nigeria’s
electoral process, especially as espoused in an earlier assessment in
2008 by the popular Electoral Reform Committee (ERC), led by Muhammadu
Uwais, former Chief Justice, the team paid more attention to the poor
administrative processes in INEC.

“Electoral reform
is strengthened and secured through legal reform. While such legal
reform is outstanding, key administrative actions under the current
legal framework could provide for the possibility of credible elections
in 2011,” the report said.

The group observed
that Nigeria’s electoral process has been further complicated by the
sheer size of the electorate in comparison with available
infrastructure.

“Holding elections
in Nigeria presents many challenges, not least the large size of the
electorate, the limited infrastructure, low literacy levels, and an
environment that is characterised as violent and corrupt. There are
also complex ethnic, religious and geographical divides,” the team said.

Commissioning an International Team

It is not clear why
Mr. Yar’Adua decided to commission another team to carry out an
assessment of electoral processes in Nigeria last year, especially as a
previous report, which was submitted in December 2008, was yet to be
implemented.

According to the report, the UK and US came in to help following the president’s request.

“At the request of the President of Nigeria, the UK and US
diplomatic missions arranged for an independent international electoral
assessment team to make recommendations for holding credible elections
in 2011,” the report said.

While the debate on who chairs the
Independent National Electoral Commission(INEC) continues, an electoral
assessment report has slammed the Commission for the current dearth of
public confidence in Nigeria‘s voting process and urged the executive
arm of the government to immediately change its leadership.

The report made 10 major
recommendations to improve Nigeria’s electoral processes, ahead of the
2011 elections. The recommendations, two which require legal reforms,
include reconstitution of INEC chair and board, transparency on the
part of INEC, and a call for support from the media and civil society
groups to ensure accurate reportage of elections. The report also made
recommendations for the police and the judiciary.

According to the report, commissioned
by the United States and United Kingdom governments, Nigeria will only
be able to conduct credible elections next year if some reforms were
urgently carried out, while specifically decrying the “profound and
widespread lack of trust” in INEC.

“Most critically, the crisis of
confidence in INEC must be addressed urgently for credible elections to
be possible,” the report said, adding that the agency had failed to
take “critical reform initiatives to improve its own performance and
public confidence in the process”.

The group which carried out the
research, Independent Electoral Assessment Team, comprised five members
and chaired by Kwadwo Afari-Gyan, the Chairman of the Ghana Electoral
Commission, was convened by the US and UK diplomatic missions in
Nigeria on the request of President Umaru Yar’Adua, late last year.

Between 9 January and 29 January, Mr.
Afari-Gyan and his team carried out the research in Nigeria and a final
draft of the report was obtained yesterday.

The other members of the team are Denis
Kadima, executive director of the Electoral Institute of Southern
Africa; Darren Kew, a professor of International Dispute Resolution at
the University of Massachusetts; Hannah Roberts, an election
consultant; and Margarita Aswani, a democracy and governance consultant.

The new and the old

While accepting
that some legal reforms are necessary for a change in Nigeria’s
electoral process, especially as espoused in an earlier assessment in
2008 by the popular Electoral Reform Committee (ERC), led by Muhammadu
Uwais, former Chief Justice, the team paid more attention to the poor
administrative processes in INEC.

“Electoral reform
is strengthened and secured through legal reform. While such legal
reform is outstanding, key administrative actions under the current
legal framework could provide for the possibility of credible elections
in 2011,” the report said.

The group observed
that Nigeria’s electoral process has been further complicated by the
sheer size of the electorate in comparison with available
infrastructure.

“Holding elections
in Nigeria presents many challenges, not least the large size of the
electorate, the limited infrastructure, low literacy levels, and an
environment that is characterised as violent and corrupt. There are
also complex ethnic, religious and geographical divides,” the team said.

Commissioning an International Team

It is not clear why
Mr. Yar’Adua decided to commission another team to carry out an
assessment of electoral processes in Nigeria last year, especially as a
previous report, which was submitted in December 2008, was yet to be
implemented.

According to the report, the UK and US came in to help following the president’s request.

“At the request of the President of Nigeria, the UK and US
diplomatic missions arranged for an independent international electoral
assessment team to make recommendations for holding credible elections
in 2011,” the report said.

Investors got one more reason to do
business in Lagos State yesterday as the Commissioner of Justice and
Attorney General, Supo Shasore, presented the amended version of the
Partnership Law of Lagos State.

This presentation took place at a
breakfast meeting with lawyers, professionals and journalists at the
Eko Hotels and Suites, Victoria Island.

Dignitaries in attendance included the Commissioner for Economic Planning and Budget, Ben Akabueze.

What has changed?

This new law contains the amendments
creating Limited Liability Partnerships (LLP) in business. This means,
investors that register their businesses under this law enjoy reduced
responsibility if the partnership breaks up or the venture fails.

It also means the partners are immune
to lawsuits, if an entity decides to take their company to court. The
Lagos State governor, Babatunde Fashola, assented to it in March 2009,
although work began on its formulation in 2003.

In the original model, partners could
be sued along with the company they set up, and had to pay shareholders
out of their pockets if the business winds up.

The desire to protect investors and
keep the trend in growing economies around the globe encouraged the
Lagos government to push for the law’s creation. The Registrar of
Partnerships and Director of Commercial Law, Funlola Odunlami, said,
“The newly-amended law is especially a bigger vehicle for the execution
of partnerships, who intend to engage in joint trade or business for
profit, while enjoying most of the benefits accruable to limited
liability companies.”

She said the law made it more convenient to do business.

New law

Mr. Shasore said the Partnership Law
had undergone much change in the past, and this was another level in
its evolution. The last part of the four-part law is dedicated to the
workings of the LLP.

He said the new law come about because
of the government’s “quest to do business in a seamless and convenient
way.” He also said parts of the concept were borrowed from other
countries like Singapore and the United Kingdom.

“The law doesn’t seek to incorporate
any entity,” he warned. “You must first of all have a partnership
before you can approach this law. When you file on the provisions of
the law at the registry, what you are seeking to do is not to
incorporate an LLP; what you are seeking to do is register a
partnership and give it limited liability.”

During the question and answer session, Mr. Supo assured Lagosians that the law would become universal.

He said states in the United States would soon have a unified law on Limited Liability Partnerships.

“Embrace it”

Lawyers at the event were encouraged to take advantage of the law to form larger law firms.

Speaking after the event, Mr. Akabueze said the business community would welcome the law.

“They will embrace it. It presents part of our efforts to expand the
frontiers of business relationships and grow partnerships as a
veritable alternative to structuring large businesses. Before now,
there’s been a notion that partnerships necessarily have to be small
operations. By this law, they can become very large.”