TheNewsGuru

Tag: Illegal

  • Auditor-General queries State House, Budget Office, 306 others for spending N149b illegally

    The Auditor-General for the Federation, Mr Anthony Ayine, has queried 308 Ministries, Department and Agencies of government over extra-budgetary spending of N149.5bn in 2016.

    This is contained in the 2016 annual report of the Auditor-General for the Federation, which was obtained by our correspondent on Sunday in Abuja.

    The 2016 audit report is the latest to be prepared by the OAGF for all the MDAs.

    The report was submitted to the National Assembly in June through a letter to the Clerk of the National Assembly, with reference C/AR.2016/CONF/VOL.1/01.

    The report signed by Ayine, stated that the N149.5bn extra-budgetary expenditure by the 308 MDAs was a symptom of poor budgeting and accounting.

    Some of the indicted MDAs are the National Centre for Women Development, with N3.82bn; National Emergency Management Agency, N10.48bn; Police Service Commission, N283.3m; and Tertiary Education Trust Fund, N1.12bn.

    Also, National Primary Health Care Development Agency had extra-budgetary expenditure of N18.17bn; State House Operations-Vice President, N78.9m; Ministry of Petroleum Resources, N182.7m; Federal Civil Service Commission, N20.8m; Budget Office of the Federation, N96.5m; and Department of Petroleum Resources, N5.2bn, among others.

    The report read in part, “Our examination of the consolidated statement of financial performance and the accompanying Note 13 revealed that 308 MDAs incurred extra-budgetary overhead expenditure of N149,509,623,789.40 in 2016 as their actual overhead expenditure overshot their appropriated budget for overhead costs.

    “We, however, note that the total overhead expenditures of N670,827,528,970.26 shown on the statement of financial performance is far lower than the total appropriation for overheads for 2016 at N1,014,145,686,504.48.

    “The extra-budgetary expenditure of N149.509,623,789.40 by some MDAs on overheads is a symptom of poor budgeting and accounting.”

    Apart from the extra-budgetary spending, the report stated that an examination by the office also revealed that the sum of N12.08bn was transferred in cash to outstation offices and was not made available for the purpose of audit.

    The AGF in the report lamented that despite audit queries raised by the office asking for clarifications from the agencies, many of them never responded.

    Ayine said, “The MDAs and their accounting officers are reverting to the situation in the past where they did not promptly respond to audit observations.

    “I am concerned about this development, which is a major setback to our accountability process. Where accounting officers fail to respond to audit queries, the implication is that they have no explanation to offer.”

     

  • Court declares marriages conducted in Ikoyi Registry as null, void

    The Lagos State Government has secured another court injunction restraining the Federal Government’s owned Registry in Ikoyi from conducting marriages, saying it was unconstitutional for the Federal Government to be usurping the power of the State Government and the Local Government in this regard.

    The judgment delivered by Professor Chuka Aunstine Obiozor with the reference number SUIT NO: FHC/L/CS/1760/16 of Lagos High Court in favour of Lagos State and which took effect on Monday 30th of April 2018, reaffirmed that all the marriage registries in the Local Government and Local Council Development Areas in Lagos are the authentic and legally-binding government division established to carry out such function.

    Addressing a Press Conference on the development on Thursday, the Commissioner for Local Government and Community Affairs, Muslim Folami said the Ministry was in the process of officially communicating the development to the various embassies in the State, stressing that the decision of the court was supreme and was legally binding on all, the embassies inclusive.

    He added that the news conference was strategically necessary in order to intimate the various embassies resident in Lagos State, the general public and the country at large that all Marriages conducted and registered in any of the 57 Local Government Areas/ Local Council Development Areas were valid and in accordance with the Marriage Act.

    According to him, the judgment would undoubtedly put a stop to the seeming perception of superiority of Ikoyi Marriage Registry over the Local Government Registries.

    Folami said that the state government would explore every available windows to enlighten the general public about the development, assuring that the Ministry would not hesitate to schedule meeting with all embassies in the State to enlighten them about the new judgement if the need arose.

    “We are going to use the five divisions across the state to sensitize our people and inform them about this latest development. From Epe to Ikorodu, Badagry, Ikeja and Lagos Island. The sensitization walk which we embarked on today is also a way of creating awareness and letting the people know of this latest development.”

    He urged the members of the public to take cognizance of this landmark judgment by patronizing the legal and approved Marriage Registries for the conduct of their marriages.

    Folami described the judgement as a landmark, saying that the responsibilities of the LGAs/LCDAs has come back to them by the virtue of the law and as provided for in Section 30 (1) of the Marriage Act and Section 7 (5) of the 1999 constitution of the Federal Republic of Nigeria.

    Speaking, the President for Marriage Registrars in all LGs/LCDAs, Deji Sokeye, said the illegal use of power by the Ikoyi Registry had seriously and negatively affected the revenue drive of the various Councils in the State, maintained that the judgement would further restore hope and confidence in the certificates already issued and that would be issued in future by the local government.

    He recalled that a similar judgement was delivered in favour of the state government in 2004 but was disregarded by the federal government, stressing that the similar judgement now delivered by Honourable Justice (Prof) Chuka Austine Obiozor showed the disposition of the current administration to the rule of law.

    Sokeye disclosed that the State Government had now devised another means of authenticating its seal which now carry red seal with a coded block for all the Council Areas across the State.

    Speaking on the authenticity of existing marriage certificates obtained from the local council areas before the new judgment, the president explained that the new certificates that would henceforth be issued by the various council areas did not invalidate the previous certificates.

    “There is nothing wrong with the former certificates that did not carry the Red Seal, the Red Seal is just an innovation to the former one and it does not in anyway render the former one invalid,’’ He said.

  • AGF, Malami declares Senate’s suspension of Omo-Agege illegal

    The Attorney-General of the Federation (AGF) Mr Abubakar Malami, (SAN) told the Federal High Court Abuja on Monday that the suspension of Sen. Ovie Omo-Agege was unconstitutional, illegal and unlawful.

    Malami, who is the 3rd defendant in the ongoing suit brought by Omo-Agege challenging his suspension from the Senate, made his position known through his counsel, Mr Dayo Apata.

    Apata, who doubles as the Solicitor-General of the Federation, in his submission, said that the role of the AGF was to defend and protect the constitution, adding that he had to react to any issue that had to do with the constitution.

    “According to Section 4(8), 39, 40 of the Constitution and Articles of the African Charter on Human Rights, all the actions of the senate relating to the suspension of the plaintiff (Omo-Agege) are unconstitutional, illegal and unlawful.”

    The solicitor-general urged the court to hold that the senate’s actions were unlawful.

    Mr Mahmud Magaji (SAN), counsel to the Senate and the Senate President, in his submission, urged the court to dismiss the suit on the grounds that the senator had himself, participated in the suspension of other senators.

    “The plaintiff is not an ordinary senator but a lawyer and a member of the Senate Committee on Ethics and Privileges.

    “He has participated in several committee meetings leading to the suspension of other senators such as Ndume, so he who lives by the sword, should die by the sword.

    “He who has participated in the suspension of his colleagues cannot now run to the court for protection.

    “He swore to an oath to be bound by the rules of the senate, including the standing orders,” Magaji said.

    Mr Alex Iziyon (SAN), counsel to Omo-Agege in his submission, prayed the court to consider what had been done by the senate as an affront to the dignity of the court.

    Iziyon argued that the court had the powers to pull down what has been done by the senate.

    He said this was on the grounds that while the matter was still pending in court, the senate went ahead and slammed the 90 legislative days suspension on his client.

    Having listened to submissions from all the counsel, the judge, Justice Nnamdi Dimgba, adjourned the matter until May 10 to deliver judgment.

    Earlier, the court refused an application by Sen. Samuel Anyanwu and Sen. Bala Ibn Na’allah, Chairman and Vice Chairman, Senate Committee on Ethics, Privileges and other Petitions.

    The senators had applied to be joined as parties in the suit but the court refused on the grounds that they were not necessary parties in the suit.

    Mr Paul Erokoro (SAN), counsel to both senators, had urged the court to allow them to be joined as parties by virtue of the fact that they were chairman and vice chairman of the committee.

    “They are necessary parties in this suit because it is the report their committee produced that the plaintiff seeks to impugned and set aside.

    “Moreover, whatever decision the court takes will affect them and members of the committee because their personal conduct is being questioned,” Erokoro said.

    Omo-Agege, who represents Delta Central Senatorial District, filed the suit to challenge his suspension from the senate.

    He asked the court to among other reliefs, grant an order restraining the defendants, their servants, agents, privies or officers from interfering with his rights and privileges as a senator.

  • Wike visits Buhari, insists withdrawal of $1bn from ECA to fight Boko Haram illegal

    Governor Nyesom Wike of Rivers State on Friday visited President Muhammadu Buhari at the Presidential Villa in Abuja.

    The governor after the brief meeting with the President disclosed to State House correspondents that the decision of his colleagues in the Nigeria Governors Forum to allow the federal government withdraw $1 billion from the Excess Crude Account, ECA, is illegal.

    He, however, indicated that he supported the decision because the motive was that the money would be largely used to fight the Boko Haram insurgency.

    The government has said the money is to be used in the fight against Boko Haram and insecurity across the country.

    The decision by the NGF has generated controversy even among the governors with one of them, Ayo Fayose of Ekiti State, challenging the decision in court.

    In his words: “Even though for me it’s illegal, however, we are told we are fighting insurgency and no right thinking person in the country will say that he would not support the government in fighting against insurgency.

    “But on the other hand too, I believe that when you are talking about environmental issues in the Niger Delta particularly the Ogoniland, I believe that we can also take money from there (Excess Crude Account) to solve the problem of Ogoniland and other Niger Delta areas. That is my position,” he said.

    Mr. Wike said his meeting with Mr. Buhari centred on security matters in his state, adding that he was happy with the discussion.

    The governor, who described his relationship with the president as cordial, said their discussion also bordered on other developmental issues in the state.

    “I’m happy with the discussion and I believe that something has to be done about (security) it. It is nothing political just security issues that affects the state and things that may lead to the breakdown of law and order. We talked on security challenges and he received me very well.

    “We don’t have any bad relationship, I come here when he asked me to come,” he said.

    On the allegation that he manipulated the recently held National Convention of the Peoples Democratic Party, PDP, to install his preferred candidate as chairman of the party, Mr. Wike said it was impossible for an individual to install a party chairman in Nigeria.

    “It is impossible for one person to own a party. The only thing is that people are vibrating and the ruling party is jittery about it,” he said.

  • Osun High Court declares Aregbesola’s “State of Osun” illegal, unconstitutional

    The Osun State High sitting in Ilesa on Thursday declared the change of the name of the state to the “State of Osun” as illegal, null and void.

    Delivering judgment in a case instituted by a human rights activist, Barrister Kanmi Ajibola challenging the legality of the “State of Osun Land use charge Law”, Justice Yinka Afolabi ruled that the law and its makers were unknown to the 1999 constitution.

    In his over one hour judgment, the judge chided the state governor, Mr. Rauf Aregbesola for deliberately and singlehandedly renaming the state illegally contrary to the known norms and the nation’s constitution.

    He also declared that the makers of the law, who are currently serving as members of the State House of Assembly, were not sworn in as members of the “State of Osun House of Assembly” but as members of Osun State House of Assembly going by the seventh scheduled of the constitution.

    Going through history of state creations in Nigeria since 1962, Justice Afolabi stated that since the creation of the state in 1991, previous governments used the constitutional envisaged name, Osun State while all the 35 states of the federation have not deviated from the constitutional names given to them.

    “The executive governor of the state changed the name in 2011. The renaming of a state goes further and deeper for anyone to singlehandedly do. To re-order the name of Osun State as “State of Osun” is hereby declare as illegal, null and void”.

    “On the oath of allegiance, I want to state that the seventh schedule is part of the law. It is not a mere draft or mere oath. It does not give room for any alteration. After deposing to an oath of office, you cannot turn around to do otherwise”, the Justice Afolabi stated.

    Ajibola had canvassed that all businesses done in the name of “State of Osun” be declared null and void as saying such were done contrary to the constitution.

    Barrister Ajibola had gone to court in 2016, asking for certain reliefs after being served a notice by a private company known as “Interspatial Limited” and christened as “State of Osun Land use Charge Annual Demand Notice” in the name of “State of Osun”, and signed by one Mrs. A. Ogunlumade, Permanent Secretary, Ministry of Finance.

    According to him, the notice was addressed to him as the property owner of No. 42, Onigbogi Street off Ibala, Ilesa West and was served on him on the 15th day of August 2016.

    Some of the reliefs he sought for included a declaration that the “State of Osun Land use Charge Law 2016” having being enacted by the legislative body that is not known to the constitution and for the state not known to the 1999 constitution as such illegal and unconstitutional.

    An Order setting aside the “State of Osun Land use charge Law, 2016” having being enacted by the legislative body that is not known to the constitution and for the state not known to the 1999 constitution of the Federal Republic of Nigeria (as amended) is not enforceable in Osun State.

    Among other reliefs sought by the plaintiff included, “a declaration that Osun State Government having been delegated with the power to collect Land use charge revenue by the provisions of section 2(2) and (3) of the “State of Osun Land use charge Law, 2016”, Sections 4(1), 8(2), 10(1) & (5), 16(c)(i) & (ii), 17, 18, 21(3) and 22 of the “State of Osun Land use charge Law, 2016” are not operable without appointing the Commissioner of finance in Osun State.

    Justice Afolabi threw out all the arguments by the State Attorney-General, Dr. Basiru Ajibola who stood in as counsel for the state governor and the state government and that of the Director of Legal Services, Mrs. Rachel Ojinni as he granted all the seven prayers of the plaintiff.

    The judge also berated the governor for his refusal to appoint his commissioners who should perform their statutory duties, saying the tax law itself envisaged that it must be tax matters must be endorsed by the Commissioner for Finance and not any other person.

    However, the state Attorney-General disclosed at the court that the judgment would be appealed.

  • Police declare Biafra Security Service illegal

    Police declare Biafra Security Service illegal

    The Commissioner of Police Abia, State Command, CP Adeleye Oyebade has declared the recently formed Biafra Security Service of the Indigenous People of Biafra (IPOB) as illegal.

    Oyebade in a press briefing at the command’s headquarters in Umuahia, the state capital warned those behind the formation of the security network he described as “unlawful and illegal” to retrace their steps.

    He stressed that the Nigerian constitution recognizes only the Nigerian Police, Nigerians Army and the Department of States service, adding that any other group claiming to be providing security without an approval from constitution was illegal.

    The state police boss further stated that the full weight of the law would be brought upon the organizers of the said BSS who he noted were displaying videos of the “outlawed” security service on their social media network.

    Oyebade who stated that the police and other security operatives in the state would never fold their hands and watch unscrupulous elements to disrupt the relative peace in the state reiterated that the police in synergy with other sister agencies to make the state safe for business and economic activities to thrive.

    He also used the opportunity to parade suspected armed robbers, kidnappers, cultists amongst others who he said were still being investigated and would soon be arraigned in court for trial for commencement of prosecution.

    Amongst the paraded suspects was a car snatcher identified as Onyekachi Nwaogu of No. 7 Nwankwo Street off Obohia, Aba South Local Government Area of the state.

    Oyebade also disclosed that detectives attached to the D7 SCIID, Umuahia, but operating in Aba also recovered a Red coloured Toyota Camry with reg number SSM 521 TP with engine number 5X3249568 and chasis no. 4018G12K4TU74221 suspected to have been stolen from its owner.

    He appealed to Abians to always provide necessary information about the activities of hoodlums in their areas to the police and other security agencies in the state who he stated were ready to make the state unsafe for criminals to thrive.

  • Ondo Speaker ready to step aside before illegal removal – Mimiko

    Ondo Speaker ready to step aside before illegal removal – Mimiko

    Governor Olusegun Mimiko has said before the 13 of the 26 members of the Ondo State House of Assembly decided to unconstitutionally impeach the Speaker, Mrs. Jumoke Akindele, she had accepted to step aside.

    He said it was unconstitutional for 13 out of the 26 members of the Assembly to remove the Speaker since the law recommended two-thirds votes for such an exercise to be valid.

    Mimiko spoke with State House correspondents after a closed-door meeting he had with the acting President, Yemi Osinbajo, in his office at the Presidential Villa, Abuja.

    The governor, however, disclosed that as part of measures to resolve the crisis that had led to the closure of the Assembly complex, Akindele had already declared her readiness to step down.

    Mimiko said, “The sitting Speaker now has made it abundantly clear that she is ready to step aside, she is ready to resign her position.

    “But the group that purportedly impeached her, not even a simple majority can impeach the Speaker, it has to be two-thirds.

    “That is to tell you about the fact that 13 out of 26 members of the House do not have the constitutional or legal empowerment to impeach the Speaker.

    “But as I speak with you now, she is ready to step down any time, once the House is properly constituted.”

    Asked if the Assembly crisis was what brought him to see the Acting President, Mimiko said: “It is an internal matter within the House and I think some elder statesmen and leaders in the state are looking at how they can help them to get over the crisis,” he said.

    TheNewsGuru.com recalls that the Speaker was suspended on Friday January 27. She is also the first female in the state to have occupied the position.

     

  • IPOB rally illegal, held without permit – Police

    IPOB rally illegal, held without permit – Police

     

    …says no life was lost

    Following the public outburst over treatment melted out to members of the Indigenous People of Biafra, IPOB during the solidarity rally for President Donald Trump on Friday in Port Harcourt, the Rivers State Police Command has said it got no written or verbal message from the group therefore describing the rally as illegal.

    The state Deputy Commissioner of Police, Mr. Ahmed Magaji, disclosed this while speaking with journalists on Saturday.

    Magaji, who spoke on behalf of the state Commissioner of Police, Francis Odesanya, maintained that although no life was lost, 65 persons were arrested during the protest.

    “It is indeed saddening to note that before embarking on the illegal protest march, there was no official communication to the command, which in itself is reprehensible, condemnable and unfortunate.

    “The police, as an agency of government, have the statutory responsibility to protect life and property at any time, which was what we practically and professionally did yesterday (Friday) to forestall what would have been a total carnage in the state.

    “However, it should be noted that men of the command deployed for the operation were professional and used minimum force in containing the protesters. Note that no casualty was recorded, no death was recorded.

    “About 65 of them were arrested at different points within the metropolis, being suspected members of IPOB. Items recovered from them include some flags bearing the inscription of IPOB and other incriminating items.

    “The suspects arrested have made useful statements to the police and investigation is ongoing. Further developments will be communicated in due course,” Magaji said.

    Recall that the group had accused the police of disrupting their solidarity rally for Trump saying eleven of their members were killed and several injured and arrested.

  • Nasarawa Govt. to shut illegal private schools

    The Nasarawa State House of Assembly said on Friday that it would collaborate with the state Ministry of Education to close down all illegal private schools to improve the standard of education.

    Mr Daniel Ogah-Ogazi, the Chairman, House Committee on Education, Science and Technology, made this known when the state Commissioner for Education appeared before the committee to defend her 2017 budget.

    Ogah-Ogazi assured of the assembly’s readiness to partner the executive in order to improve on the standard of education in the state through quality legislation.

    “In order to improve on the standard of education in the state, we will collaborate with the state Ministry of Education.

    “We will visit all private schools across the state as part of our oversight function to know the registered and unregistered ones.

    “During the oversight function, we will also know schools that meet up with the required education standard and the ones that did not meet up.

    “We will not hesitate to close down any private school that did not meet up with the required education standard.

    “We will continue to enact laws that have direct bearing on the education sector as well as on the lives of the people as no nation could achieve meaningful progress without sound education,” he said.

    Ogah-Ogazi urged the commissioner to sanction any school that was involved in sharp practice of any kind.

    He also advised the commissioner and her team to continue to monitor and ensure effective supervision of schools and to ensure that quality job was done in the interest of the education sector.

    Earlier, Hajiya Ramatu Abubakar, the state Commissioner for Education, Science and Technology, said the government would continue to key into positive education policies to improve quality of education in the state.

    Abubakar assured of the ministry’s commitment to continue to ensure effective supervision of schools.

     

    NAN