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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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Court fix Dec 10 to decide ex-Gov Bello’s bail

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By Francesca Hangeior

The High Court of the Federal Capital Territory sitting at Maitama on Wednesday remanded the immediate past Governor of Kogi State, Alhaji Yahaya Bello, in custody of the Economic and Financial Crimes Commission, EFCC.

Trial Justice Maryann Anenih ordered that he should remain with the anti-graft agency till December 10, when the court will rule on his application for bail. 

Equally remanded in custody were Bello’s two co-defendants, Umar Oricha and Abdulsalami Hudu.

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The defendants had pleaded not guilty to a 16-count charge the EFCC preferred against them. 

EFCC had specifically urged the court to deny the former governor bail.

The agency, through its team of lawyers led by Mr. Kemi Pinheiro, SAN, told the court that Bello, who is the 1st defendant in the matter, repeatedly refused to make himself available for trial. 

It told the court that several efforts to secure his presence before the Abuja Division of the Federal High Court, where he is facing another charge, proved abortive.

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Consequently, the Commission opposed a bail application that Bello filed through his legal team that was led by a former President of the Nigerian Bar Association, NBA, Mr. Joseph Daudu, SAN.

Daudu, SAN, had after the former governor and his two co-defendants—Umar Oricha and Abdulsalami Hudu—pleaded not guilty to a 16-count charge the anti-graft agency preferred against them, drew the attention of the court to a bail application his client filed on November 22.

In the application he predicated on six grounds, the former governor argued that he enjoys the presumption of innocence under the law. 

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Port Harcourt Refinery operations will tackle fuel scarcity – Reps

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By Francesca Hangeior

The Chairman of the House of Representatives Committee on Petroleum Resources (Midstream), Hon. Prince Henry Odianosen Okojie, has emphasized the significant impact of the Port Harcourt refinery’s commencement of operations, describing it as a major step towards resolving fuel scarcity in Nigeria and improving the lives of its citizens.

Hon. Okojie commended President Bola Ahmed Tinubu and the Group Chief Executive Officer of the Nigerian National Petroleum Company Limited (NNPCL), Mele Kyari, for their commitment and efforts in actualizing the project. Speaking with journalists in Abuja, he stated:

“We are thrilled to express our appreciation to President Bola Ahmed Tinubu and the Group Chief Executive Officer of the NNPCL, Mele Kyari, for their tireless efforts in ensuring the Port Harcourt Refinery commences production.

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We are grateful to them for making this project a reality. This monumental achievement marks a significant milestone in Nigeria’s journey towards energy independence and economic growth. Their contributions to Nigeria’s energy sector will have a lasting impact on the country’s economic development.*

“We commend President Tinubu’s leadership and vision, as well as Mele Kyari’s dedication and expertise, in driving this transformative project forward. Their commitment to strengthening Nigeria’s refining capabilities is truly commendable. This is a testament to the hard work and collaboration of all stakeholders involved.”

Representing Esan North East/Esan South East Federal Constituency of Edo State, Hon. Okojie pledged his commitment to fostering the growth of Nigeria’s petroleum industry. He assured that legislators are determined to tackle challenges in the sector for the nation’s benefit and citizens’ welfare.

Backing President Tinubu’s policies for the development of the oil and gas sector, Hon. Okojie expressed confidence in the administration’s plans for economic prosperity and infrastructure development. He also assured that the House Committee would continue to provide the legislative support necessary to advance the sector.

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Trump threatens trade war on Mexico, Canada, China

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Trump made his threat in social media posts, announcing huge import tariffs against neighbours Canada and Mexico, and also rival China if they don’t stop illegal immigration and drug smuggling into the US.

China responded that “no one will win a trade war,” while Mexican President Claudia Sheinbaum warned that “for every tariff, there will be a response in kind.”

A Canadian government source said Prime Minister Justin Trudeau called Trump and had a “productive” discussion, without giving further detail.

Such tariffs threaten to disrupt the global economy, deepen already fierce tensions with China, and upend relations with the US’s two largest neighbours.

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Nervous stock markets saw “volatile trading conditions” as they digested the news, said an analyst at City Index, Fawad Razaqzada.

On his Truth Social platform, Trump said late Monday that he would enact the tariffs when he takes office on January 20, 2025, if his — vaguely worded — demands were not met.

The posts signal Trump’s intention to return to the governing style of his first presidency when he regularly shocked Washington and US partners with abrupt, major policy shifts which he announced on social media.

They also confirmed that Trump is serious about his major campaign promise to use the US economic muscle as leverage on issues having little to do with trade — namely his claim that the US is under siege by foreign crime and dangerous migrants.

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On Tuesday, Trump named two important figures to his economic team: Jamieson Greer as his trade representative and Kevin Hassett as his top economic advisor, heading the White House National Economic Council.

Both had roles in his first administration, with Greer serving as the Chief of Staff to former US Trade Representative Robert Lighthizer.

“I will sign all necessary documents to charge Mexico and Canada a 25 per cent tariff on all products coming into the United States,” Trump earlier posted.

“This tariff will remain in effect until such time as drugs, in particular Fentanyl and all illegal aliens stop this invasion of our country!” he said.

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In another post, Trump said he would be slapping China with a 10 per cent tariff, “above any additional tariffs,” because the world’s second-biggest economy was failing to execute fentanyl smugglers.

The spokesman for China’s embassy in the US, Liu Pengyu, told AFP, “China believes that China-US economic and trade cooperation is mutually beneficial in nature.”

Mexico’s Sheinbaum fired back at Trump, saying his tariffs diplomacy was “not acceptable” and based on erroneous claims.

“It is not with threats or tariffs that the migration phenomenon will be stopped, nor the consumption of drugs in the United States,” she said.

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Sheinbaum pointed out that the Mexican narcotics industry largely exists to serve demand in the US.

“Seventy per cent of the illegal weapons seized from criminals in Mexico come from your country.

“Tragically, it is in our country that lives are lost to the violence resulting from meeting the drug demand in yours,” she said.

– Bluster or serious? –

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A senior adviser at the Centre for Strategic and International Studies, William Reinsch, said Trump’s online threats may be bluster — a strategy of “threaten and then negotiate.”

However, Trump’s first White House term was marked by an aggressive and protectionist trade agenda that also targeted China, Mexico and Canada, alongside Europe.

While in office, Trump launched an all-out trade war with China, imposing significant tariffs on hundreds of billions of dollars of Chinese goods.

China responded with retaliatory tariffs on American products, particularly affecting US farmers.

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Economists say tariffs can hurt US growth and fuel inflation since they are paid by importers who often pass those costs on to consumers.

Trump has said he would put his Commerce Secretary-designate Howard Lutnick, a China hawk, in charge of trade policy.

AFP

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