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HUNGER: Falana Writes Nigeria’s AGF Calls For Provision Of Security Nationwide For Protesters On Tuesday, Wednesday

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Bu Kayode Sanni-Arewa

A Senior Advocate of Nigeria, Femi Falana has written to the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), urging him to direct the police chief to provide security for protesters on February 27 and 28, 2024.

The NLC had announced a nationwide protest scheduled for February 27 and 28, to kick against the economic challenges facing Nigerians.

The decision came after a 14-day ultimatum issued to the Nigerian Government regarding the widespread hardship.

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Meanwhile, the Department of State Services (DSS) and the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, (SAN) have urged the NLC to shelve its proposed nationwide protest.

Similarly, the Trade Union Congress has warned that the planned protest being championed by the NLC may lead to anarchy due to the tense nature of the country amid current hardship and prevailing hunger in the land.

However, Falana, in a letter dated February 24, 2024 and addressed to Fagbemi, said the members of the NLC had been advised to conduct the rallies in a peaceful manner.

Falana said the “National Industrial Court has not restrained the members of the NLC from exercising their fundamental rights to freedom of assembly and freedom of expression to protest against the excruciating economic pains being experienced by the masses”.

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“While we have advised the members of the NLC to conduct the rallies scheduled for February 27-28, 2024 in a peaceful manner, we urge you to use your good offices to direct the Inspector-General of Police to provide adequate security to the conveners and participants in the protest in line with the provisions of Section 83(4) of the Police Establishment Act.

“Finally, while awaiting your favourable reply to this letter, please accept, as usual, the assurance of our highest esteem,” he said in the latter.

The letter titled, ‘RE: Memorandum Of Understanding Reached Between The Federal Government Of Nigeria And The Trade Union Congress (TUC) As A Result Of Dispute Arising From Withdrawal Of Subsidy On The Price Of Premium Motor Spirit (PMS) On Monday The 2nd Day Of October, 2023,’ reads in part, “It would be recalled that following the removal of fuel subsidy by President Bola Ahmed Tinubu on May 29, 2023, the Federal Government commenced negotiations with the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) as the subsidy removal policy had brought untold hardship to Nigerians.

“While the negotiations were in progress, the Federal Ministry of Justice rushed to the National Industrial Court to file Suit No NICN/ABJ/158/2023 between Federal Government of Nigeria & Anor. v Nigeria Labour Congress & Anor in respect of the same issues. On June 5, 2023 the Honourable Justice Yemi Anuwe granted the application of the Federal Government for an ex parte order to restrain the NLC and TUC from embarking on strike against the removal of fuel subsidy.

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Although both the NLC and TUC complied with the ex parte order, they promptly filed an application to set aside same for want of jurisdiction. They equally asked for a stay of execution of the order ex parte pending the determination of the motion. The application to set aside the ex parte order filed by the Defendants and the motion for interlocutory injunction filed by the Claimants have not been considered as parties resolved to settle the case out of court.

“Even though the parties signed a 16-point memorandum of understanding, the Federal Government did not implement all the terms of the Agreement. Hence, on August 2, 2023, both NLC and TUC held a peaceful protest throughout the country.

“Instead of implementing the Agreement the Federal Government initiated contempt proceedings against the NLC and TUC at the National Industrial Court. We challenged the competence of the contempt proceedings. However, the Federal Government turned round to withdraw the application for contempt.

“On November 10, 2023, the Federal Government filed another Suit, No NICN/ABJ/322/2023 between Federal Government of Nigeria & Anor. at the National Industrial Court against the NLC and TUC, notwithstanding the pendency of Suit No. Suit No NICN/ABJ/158/2023. On that same day, the President of the National Industrial Court, the Honourable Justice Benedict Kanyip granted an ex parte order to restrain the NLC and TUC from embarking on the planned strike. However, His Lordship directed that the case file be transferred to Justice Olufunke Yemi Anuwe who is handling a similar labour dispute between the same parties.

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“Both NLC and TUC challenged the competence of the fresh suit on the ground that it constitutes a gross abuse of court process, inter alia. The application has not been heard and determined by the National Industrial Court.

“Having withdrawn the contempt proceedings filed against the NLC and TUC for embarking on public protest on August 2, 2023, you ought not to have threatened the NLC with contempt of court over its plan to hold rallies from February 27-28, 2024 against the astronomical cost of living in the country. We submit, without any fear of contradiction, that the proposed public protest of the NLC is not contemptuous of the two ex parte orders of the National Industrial Court. In particular, the issue of contempt does not arise as the NLC has challenged the jurisdiction of the National Industrial Court to entertain the substantive case.”

Falana noted that in the case of Inspector- General of Police v All Nigeria Peoples Party (2008) 12 WRN 65, the Court of Appeal upheld the fundamental right of Nigerians to protest on matters of public interest without police permit.

He said, “In the leading judgment of the Court, Olufunmilayo Adekeye JCA (as she then was) held inter alia: ‘The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done…

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“‘If as speculated by law enforcement agents that breach of the peace would occur our criminal code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.’

“Since freedom of speech and freedom of assembly are part of the democratic rights of every citizen of Nigeria the Court of Appeal further held that, ‘the legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.’

“Consequently, the National Assembly has ensured that the right of aggrieved citizens to protest peacefully for or against the Government is protected. Thus, section 83(4) of the Police Establishment Act 2020, which ‘where a person or organization notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting rally or procession will take place shall mobilize personnel to provide security to provide security cover for the meeting, rally or the procession.’”

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Wike Pledges More Projects for Kuje, Cautions Chairman elect Against ‘Away Leadership’

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The Minister of the Federal Capital Territory (FCT), Nyesom Wike, has pledged more infrastructure projects for Kuje Area Council, warning the incoming council chairman against abandoning the people after assuming office.

Wike gave the assurance on Thursday during a thank-you visit to Kuje Area Council to appreciate residents for their support in the recent council elections.

Addressing traditional rulers, political leaders and residents, the minister said the Federal Government would continue to deliver projects to the area in recognition of the support given to President Bola Ahmed Tinubu and candidates aligned with his administration.

He emphasised that politics should be a covenant between leaders and the people, stressing that elected officials must fulfil their promises.

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“Politics should be a contract between those elected and the people who elected them. It is not where our people vote for you and at the end of the day you disappear,” Wike said.

The minister noted that his visit to Kuje was part of President Tinubu’s directive that government officials must return to communities to appreciate their support rather than take it for granted.

According to him, the administration had already delivered key projects requested by the people of the council.

Wike recalled that during a previous town hall meeting in Kuje, traditional rulers had requested the completion of the road from Airport Junction to Kuje and the dualisation of the Kuje Garage Road.

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He said the Garage Road project had already been completed and commissioned, while the Airport Road to Kuje project, being handled by Arab Contractors, had returned to site and was expected to be completed before the third anniversary of President Tinubu’s administration.

“We did not only award the Garage Road; it has been completed and commissioned. The contractor handling the Airport Road to Kuje has also returned to site and assured us the road will be ready for inauguration during the President’s third anniversary,” he said.

Wike further disclosed that the 16-kilometre Kuje–Gwagwalada road, being constructed by Gilmor Engineering Nigeria Limited, was progressing steadily and could be ready for commissioning by June.

He assured residents that additional projects would commence once the newly elected chairman assumes office.

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“By the time your chairman is sworn in, we will sit with the traditional rulers and decide which of the roads you mentioned we will start first,” he said.

The minister also cautioned the incoming council chairman against distancing himself from the people after assuming office, stressing that leadership at the grassroots level requires constant engagement with residents.

“Don’t be an away chairman. Be a home chairman. When you were campaigning, you were always at home. Now that you have won, do not run away from your people,” Wike warned.

He added that power and money often change people quickly, urging the incoming chairman to remain humble and committed to the welfare of the people.

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“Power and money are two things that can change a man within seconds. But I believe you will not abandon your people,” he said.

Wike expressed satisfaction with the outcome of the council election in Kuje, describing the results as a reflection of the people’s confidence in the administration.

Earlier, the outgoing Chairman of Kuje Area Council, Abdullahi Sabo, thanked the minister for visiting the council to appreciate residents for their peaceful conduct before and after the elections.

He described Wike as a unifier and bridge builder whose leadership had accelerated development across the FCT.

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Sabo also urged residents to support the incoming administration to ensure continuity of development in the council.

In his remarks, the Chairman-elect of Kuje Area Council, Danladi Samuel Shekwolo, expressed gratitude to the minister for supporting his campaign and pledged to deliver the dividends of democracy to the people.

He also appealed to the minister to consider constructing key roads linking Kuje to neighbouring communities, including Gwagwa, Rubochi and Kebi, to boost economic activities in the council.

The chairman-elect assured residents that his administration would work closely with the FCT Administration to improve infrastructure and strengthen development in the area council.

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Reps Commence Probe into Disability Commission over Alleged Procurement Irregularities

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By Gloria Ikibah

The House of Representatives has begun an investigation into the activities of the National Commission for Persons with Disabilities following allegations of procurement irregularities and questionable project implementation raised by stakeholders.

The decision was taken by the House Committee on Disability during its sitting in Abuja after receiving a number of complaints concerning contract awards, project execution and administrative conduct within the commission.

Members of the committee, led by Chairman Bashiru Dawodu, said the probe would focus on the procurement processes adopted by the commission as well as how projects intended to support persons living with disabilities were executed.

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Stakeholders who appeared before the committee raised concerns that several contracts and procurement activities carried out by the commission may have been significantly inflated. The claims have stirred unease within the disability community, particularly over the management of public funds meant to support vulnerable citizens.

One of the petitioners, Abdullahi Ibrahim, told the lawmakers that some projects and supply contracts linked to the commission appeared to have been awarded at costs running into tens of millions of naira, far above what stakeholders believe to be reasonable.

The committee indicated that its inquiry would seek to determine whether due process was followed and whether public resources allocated to programmes for persons with disabilities were properly utilised.

“It is worrisome that the National Disability Commission is becoming the headquarters of corruption in the disability community because of what has been happening there,” he alleged.

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Ibrahim cited what he described as a questionable procurement involving Point-of-Sale (POS) machines, claiming the contract value was allegedly exaggerated.

“How can a disability commission pay about N97 million for 101 POS machines with starter packs when the actual cost is far lower?” he queried.

Further concerns were raised over some training programmes and equipment procurement exercises carried out by the commission, which stakeholders alleged were approved at costs far above reasonable estimates.

Members of the committee acknowledged the gravity of the claims but stressed that any allegation must be backed by credible and verifiable documentation. They urged those making submissions to provide detailed records and evidence that would enable the panel to conduct a thorough and objective investigation.

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Earlier in his presentation,  Executive Secretary of the National Commission for Persons with Disabilities (NCPWD), Ayuba Burki Gufwan, informed the lawmakers that steps had already been taken to address certain procurement concerns identified shortly after he assumed office.

He explained that although he was appointed by Bola Ahmed Tinubu on 6 August 2024, he was unable to resume duties immediately due to hospitalisation following an accident. He eventually took up the position roughly two weeks later.

According to him, upon resuming office he discovered that several contracts had been awarded during the interim period under his predecessor, a situation he considered irregular and one that required administrative review.

“Upon resumption about two weeks afterwards, I was shocked to discover that my predecessor, who should have handed over on the 6th, took decisive decisions on behalf of the commission as a former executive secretary,” he told the committee.

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He explained that the commission’s Procurement Tenders Board (PTB) subsequently reviewed the process and declared the contracts illegal.

“So we summoned the meeting of the PTB and the decision was reached that all of the procurements that the former ES presided over were illegal, null and void. Those contracts were revoked and a new process was initiated for the 2024 procurement,” he said.

The Executive Secretary assured lawmakers that detailed documentation regarding the procurement process would be formally submitted to the committee for scrutiny.

“I will document everything and formally present it to you,” he assured the lawmakers.

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Beyond procurement concerns, the commission’s head also outlined ongoing reforms aimed at expanding the commission’s presence and services across the country.

He noted that when he assumed office, the commission had no operational zonal offices despite provisions in its enabling law mandating nationwide coverage.

“I didn’t inherit one single zonal office. As a person with disability, I understand the logistics of transportation and the challenges involved, which are often overwhelming,” he said.

He disclosed that the commission had since established regional offices in Plateau, Bauchi, Abia and Oyo states, covering the North-Central, North-East, South-East and South-West zones respectively, while plans were underway to open offices in the remaining regions.

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“Our goal is to decentralize the operations of the commission and bring government services closer to persons with disabilities across the country,” he added.

The Executive Secretary also explained that limited funding had constrained the commission’s ability to host delegations of persons with disabilities who travel from different parts of the country to seek assistance.

“In most cases when people with disabilities come from far and near, they tell me they do not have accommodation or transport. The commission does not have those funds readily available, and it is for fear of embarrassment that we sometimes decline such visits,” he said.

Members of the committee signalled that further sessions may be organised to allow more stakeholders the opportunity to present their submissions and supporting evidence.

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The lawmakers maintained that the exercise is intended to promote transparency, accountability and improved service delivery, noting that millions of Nigerians living with disabilities rely on the programmes and interventions provided by the commission.

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Reps Consider New Law to Strengthen Nigeria’s Decarbonisation Drive

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By Gloria Ikibah

The House of Representatives of Nigeria is weighing fresh legislation aimed at providing stronger legal support for Nigeria’s national decarbonisation programme, as part of wider efforts to deepen the country’s climate transition and speed up the move towards a low-carbon economy.

Chairman House Committee on Mandatory National Decarbonisation, Rep. Sesi Whingan, disclosed this durjng a media parley in Abuja on Wednesday, after a technical roundtable that brought together key stakeholders to examine Nigeria’s decarbonisation agenda.

He explained that while Nigeria already operates under the Climate Change Act 2021, the proposed National Decarbonisation Bill is intended to strengthen existing policies and provide a more comprehensive framework for the country’s climate governance efforts.

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According to him, the bill has already passed its first and second readings in the House and is expected to move to the next stage of the legislative process, with a public hearing anticipated before the end of the month.

The proposed legislation is also expected to reinforce the role of the National Council on Climate Change and bring greater coordination to the different energy transition policies and emission-reduction initiatives currently being implemented across several sectors of the Nigerian economy.

“We decided to bring all relevant stakeholders into one room, and currently we are working on a bill known as the National Decarbonisation Bill,” Whingan said.

“This bill is designed to complement what the National Council on Climate Change is already doing. It has already gone through the first and second readings in the House, and hopefully before the end of the month we will move towards the public hearing stage.

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“Our plan is to continue engaging stakeholders to see how we can consolidate the different government policies and programmes and incorporate them into a workable and achievable framework.”

Rep. Whingan explained that participants at the roundtable included representatives from the organised private sector, the oil and gas industry, environmental advocacy groups, energy experts and other actors involved in climate governance at both federal and state levels.

He emphasised that adequate funding and policy clarity would be critical to achieving the objectives of Nigeria’s decarbonisation agenda, noting that investors require a stable and predictable framework to support long-term investments in clean energy and low-carbon technologies.

“We all agreed that there is a need for strong collaboration between the executive and the legislature so that investors, both within and outside the country, can clearly understand the direction Nigeria is taking in its decarbonisation efforts,” he said.

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The Chairman further stressed that the decarbonisation campaign must go beyond policy discussions at the federal level and actively involve state governments and grassroots communities across the country.

To deepen national engagement on the initiative, he disclosed that the committee plans to convene a National Carbon Summit in June, which will bring together representatives from the 36 states and the 774 local government areas.

The summit, he said, is expected to provide a broader platform for discussions on how Nigeria can effectively implement a national decarbonisation strategy while balancing economic growth and environmental sustainability.

“There is no way we can achieve significant progress if local communities are not involved. We must move beyond conversations at the top and take the programme down to the grassroots,” he stated.

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Whingan explained that the committee was set up to review Nigeria’s existing climate laws and policies while also examining the country’s emission levels across key sectors of the economy. The exercise, he noted, is aimed at identifying the institutional, financial and technological structures required to implement a compulsory nationwide decarbonisation programme.

He said the committee has been engaging with ministries, government agencies, state governments, industries, civil society groups and international partners as part of efforts to ensure that the proposed framework reflects global standards in climate governance.

The panel, he added, is also examining possible challenges, risks and socio-economic implications that could arise from implementing a national decarbonisation policy.

According to him, the ongoing consultations with stakeholders, along with the planned public hearing, are intended to ensure that diverse perspectives are reflected in shaping a practical, inclusive and effective legislative framework for Nigeria’s decarbonisation agenda.

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“Our mandate includes reviewing existing climate laws and policies, auditing Nigeria’s emission profile and sectoral reduction plans, and consulting widely with stakeholders to determine the institutional and technological requirements for a nationwide decarbonisation programme,” Whingan added.

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