News
Supreme Court orders LGA chairmen can enjoy 4-year tenure like executives
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…also state assemblies can extend tenure of LG chairmen
The apex court in Nigeria, Supreme Court has ordered that the four-year tenure enjoyed by Executives be extended to the office of all Local Government Chairmen across the country.
This is contained in the Certified-True-Copy (CTC) of a judgment delivered by Justice Mohammed Garba and six others on May 11, 2024.
Garba said that some states have, by their various illegal actions, starved the local government councils in their states to the extent that most of them cannot exercise their constitutional powers or perform their statutory functions.
The Justice described situation of LGA in the country as “one tier of government’s inhumanity to another tier of government.”
Garba said that LGA in Nigeria, unlike branches of incorporated bodies or entities, are constitutionally the third tier of government of the Federation.
According to him, their political and financial independence are duly guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended.
The Justice said that Section 2(2) of the Constitution provides that “Nigeria shall be a Federation consisting of States and a Federal Capital Territory”.
He further stated that 36 sates in the country are specified, in an alphabetical order, by section 3(1) of the Constitution.
He said that section 3(6) of the Constitution, provides that “there shall be 768 local government areas in Nigeria “ while Section 1(2) of the Constitution provided that “Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution”.
The Justice, however, said that in respect of six Area Councils of the Federal Capital Territory, Abuja, there is a template legislation by the National Assembly.
He said that by way of sections 108, 109, 110 and 113 of the Electoral Act, (2022) the dissolution (tenure of Area Councils), vacation of seat of members, removal of Chairman/Vice Chairman, recall; etc was addressed.
And elections into the area councils are promptly conducted or held by the Independent National Electoral Commission.
“It is, therefore, unfortunate that some states do not even bother about conducting elections into local government councils as required by the relevant laws of their Houses of Assembly.
“Under section 135 (3) of the Constitution, the tenure of four years for the president, provided for by section 135(2) thereof, shall be extended, for periods not exceeding a period of six months at any time by a resolution of the National Assembly, if it is not practicable to hold elections.
“By the same token, by a law of a State House of Assembly the tenure of local government councils can be legally extended, for any reason, such as insecurity or war, if it becomes impracticable or impossible for elections into the local government councils to be conducted.
“The mandate given to an elected local government council is the mandate of the electorate of that local government area and if the tenure is extended, it is the people’s mandate that is extended.
“If the tenure of a local government council is truncated, as it is the norm now, it is an illegal termination of the electorate’s mandate and it is not to be encouraged but roundly condemned.
“By the doctrine of separation of powers, it is the constitutional duty or function of the Legislature to make laws, which includes amendments and repeals; and the duty of the judiciary is to interpret the laws to achieve the
intendment of the legislation,” he said.
News
NSCDC, Tantita intensify joint efforts to combat oil theft in Niger Delta
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The Nigeria Security and Civil Defence Corps (NSCDC) and Tantita Security Services Limited (TSSL) have intensified their joint efforts to eliminate economic sabotage in the Niger Delta, in line with the Renewed Hope Agenda set forth by President Bola Ahmed Tinubu.
As part of his inspection of NSCDC operations in the area, Commandant-General Dr. Abubakar Audi led a group of senior officers to meet with Chief Kestin Pondi, Managing Director of TSSL, and High Chief Government Ekpemupolo, commonly referred to as Tompolo, in Warri and Oporoza, Delta State.
Audi and his team also toured the operational facilities of NSCDC operatives working with Tantita in far-flung creeks of the Niger Delta and other formations to assess their activities and encourage the frontline security agents.
The Commandant-General while paying a courtesy visit to Pondi said his operational tour of the Niger Delta was to enable him get first hand information of his men on ground and strengthen the relationship between the corps and Tantita.
Audi said the NSCDC would celebrate the gallantry of his men on March 1st adding that the occasion would recognise fallen heroes of the corps and empower the families of deceased officers.
He said: “We place high premium on the welfare of our staff that is why every March 1st we recognise our personnel who died on active duty by assisting their families through payment of life insurance benefits and other empowerment schemes.”
In his remarks, the Managing Director, Tantita Security Services Ltd, Mr Kestin Pondi, heaped praises on President Ahmed Tinubu for providing the enabling environment to fight oil theft in the Niger Delta region.
He assured of closer collaboration with security forces including the NSCDC in the ongoing efforts to tackle pipeline vandalism and oil theft.
Pondi said without the collaborative efforts of the NSCDC and other security agencies, the success record would have been impossible.
He said prior to Tantita’s involvement in combating oil theft, production levels hovered around 800,000 barrels per day, adding that the increased production was because of the collaboration with NSCDC.
He said: “The success recorded in the recent past is not without the collaborative efforts of NSCDC. At the moment we have over 450 personnel in our organisation who have been providing collaborative services to our personnel.
“It is worthy of note that as at the time we came on board, the nation was producing between 600000 – 800000 barrels per day in 2022, but as at today we have gone over 2 million barrels per day and this is largely due to our collaboration with you.
A former President, Ijaw Youths Council (IYC) Worldwide, Engr. Udengs Eradiri, hailed NSCDC and Tantita for their mutual relationship saying their operational style was in line with President Tinubu’s leadership approach of community and stakeholders’ engagements.
Describing President Tinubu as a community man, Eradiri said Tinubu’s approach was centered around the people adding that in similar way Tantita and NSCDC approach instilled confidence in people to protect oil facilities within their domain.
“This is in line with President Tinubu’s leadership style. President Tinubu is a community man. His approach has always been about the people. For some of us who have known him for years ago, we are not surprised that he is doing things differently.
“Recall that when he was campaigning he came to the Gbaramatu Kingdom. President Tinubu expanded the relationship with Tantita and consolidated on what he met and that is why the trajectory has been smooth. President Tinubu is the reason Tantita is succeeding and we want to commend him for believing in Tompolo and the people,” he said.
News
Imo govt warns nightclub, lounge proprietors against selling hard drugs to customers
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The Imo Government has issued a stern warning to hotel owners and nightclub operators, urging them to refrain from permitting the use of hard drugs within their establishments.
This announcement was made in a statement signed by Chief Ezechukwu Obonna, the Special Adviser to Governor Hope Uzodinma on Narcotics and Illicit Drugs Monitoring, and was shared with journalists in Owerri on Saturday.
According to Obonna, the state government has observed that hard drugs, especially cannabis, popularly called ‘loud’, are now being freely sold and consumed in public places, especially in lounges and nightclubs in the state, as if the drug is no longer prohibited by law.
He warned operators of nightclubs and lounges to immediately put an end to the consumption and sale of hard drugs, particularly in their business areas.
He said that any establishment found to be enabling or permitting the use of hard drugs would face severe consequences.
“The government is issuing this stern warning to lounge and nightclub owners across the state to note that the government will no longer tolerate the use of private businesses as havens for illicit drug use.
“We urge all lounge and nightclub owners to take responsibility for ensuring their patrons are not engaging in illicit activities.
“The Imo State Government is committed to protecting the health and well-being of its citizens, and we will not hesitate to take action against those who compromise this effort,” he said.
He added that the International Narcotics Control Board had expressed concerns about the growing trend of drug use and its impact on public health.
According to him, the Imo Government is taking proactive steps to address this issue and ensure a safer, healthier environment for all citizens.
“We appeal to all lounge and nightclub owners to cooperate with the government in this effort and to report any suspicious activities to the authorities immediately. Together, we can create a safer, more responsible tourism and entertainment industry in Imo,” he said.
News
Watch Saturday episode of Your Family Lawyer on ‘How can I get a divorce under Islamic marriage
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Seasoned lawyer and progenitor of Your Family Lawyer, Chuma Chinye tackled how you can get a divorce under Islamic marriage.
Using vivid examples and solutions on how you can maintain a cool head when faced on how to get your rights under Islamic marriage.
Watch podcast below:
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