TheNewsGuru

Tag: Unconstitutional

  • Supreme Court voids President Buhari’s Executive Order EO10

    Supreme Court voids President Buhari’s Executive Order EO10

    Nigeria’s apex court, the Supreme Court, on Friday voided

    Executive Order 10 (EO10).

    It declared as unlawful and unconstitutional, the funding of State Judiciary and Legislature order made by the president.

    Although the decision had a split agreement, six of the seven members of the panel proceeded to void and set aside the EO10 issued by President Muhammadu Buhari.

    According to the panel, the President exceeded his constitutional powers in issuing the EO10.

    The Supreme Court also dismissed the N66 billion suit filed by the state governors against the Federal Government.

    President Muhammadu Buhari signed the EO10 into law in May 2020 and set up a committee to fashion out strategies and modalities for the implementation of financial autonomy for the State Legislature and State Judiciary

    The 36 states governors had in the suit sought an order of the court to compel the Federal Government to take up funding of capital projects for State High Courts, Sharia Court of Appeal, and Customary Court of Appeal.

    They had also applied for an order of the apex court to compel the Federal Government to pay them N66 billion naira, being an amount they have so far spent on capital projects for the three courts.

    The governors informed the apex court that the three courts were the courts of the Federation and as such, the funding of their capital project should flow from the Consolidated Revenue Fund of the Federation.

    It would be recalled that President Muhammadu Buhari signed the EO10 into law in May 2020 and set up a committee to fashion out strategies and modalities for the implementation of financial autonomy for the State Legislature and State Judiciary.

    A statement from the Office of the Attorney-General of the Federation had explained that the President’s action was in compliance with section 121(3) of the Constitution, taking into consideration all other applicable laws, instruments, conventions, and regulations, which provide for financial autonomy at the state tier of government.

    It stated that the implementation of financial autonomy of the State Legislature and Judiciary would strengthen the institutions at the state level and make them more independent and accountable in line with the tenets of democracy as enshrined by the Constitution.

    “The President signed the Executive Order number 10 into law based on the power vested in him as the President of the Federal Republic of Nigeria under Section 5 of the Constitution of the Federal Republic of Nigeria 1999 (as Amended), which extends to the execution and maintenance of the Constitution, laws made by the National Assembly (including but not limited to Section 121(3) of the 1999 Constitution (as amended), which guarantee financial autonomy of the State Legislature and State Judiciary,” said the statement issued on May 22, 2020.

    Among others, EO10 provides that the Accountant-General of the Federation shall authorize the deduction from source in the course of Federation Accounts Allocation from the money allocated to any state that fails to release allocation meant for the State Legislature and Judiciary, in line with the financial autonomy guaranteed by Section 121(3) of the Constitution.

    This move was, however, rejected by the state governors who demanded the immediate dissolution of the Presidential Implementation Committee and challenged the EO10 at the apex court.

  • Court declares deduction for Police Trust Fund unconstitutional, illegal

    Court declares deduction for Police Trust Fund unconstitutional, illegal

    The Federal High Court, Abuja has declared as unconstitutional and unlawful, deductions made by the Federal Government from the Federation Account for funding of the Nigeria Police Trust Fund scheme.

    Justice Ahmed Mohammed said this while delivering judgment on Wednesday In a suit filed by the Rivers Government against the Attorney- General of Federation and Minister of Justice and the Accountant General of the Federation.

    Other joined in the suit are the Revenue Mobilisation, Allocation and Fiscal Commission,
    and Federal Ministry of Finance as the 1st, 2nd, 3rd and 4th respondents respectively.

    Rivers Government, through it’s Attorney- General had approached the court seeking an order stopping the deduction of funds from the federation account for the funding of the Nigeria Police Trust Fund scheme.

    By an originating summons marked FHC/ABJ/CS/511/2020, dated and filed on May 20, 2020, Rivers government challenged the constitutionality and validity of section 4(1)(a) and section 4(1)(b) of the Nigeria Police Trust Fund (Establishment) Act 2019, which permits the deduction of 0.5 per cent of the total revenue accruing to the Federation Account and to be paid to the Nigeria Police Trust Fund.

    The Rivers government argued that it was not the responsibility of the State governments but that of the Federal Government to fund the Police.

    In his judgment, Justice Mohammed agreed with the Rivers government that by virtue of Section 162 (3) of the Nigerian Constitution, funds standing to the credit of the Federation Account “can only be distributed among the Federal Government, State Governments and Local Government Councils in each state of Nigeria and not directly to any agency of the Federal Government including the Nigeria Police Force.”

    The judge consequenly declared the section of the law permitting the direct deduction of any sum or percentage of revenue accruing to the federation account or which ought to have been paid into the federation account for the purpose of providing funds for the Nigeria Police Trust Fund as “unconstitutional, null and void.”

    The court granted six of the plaintiffs prayers while reliefs 6 and 8, which sought for refunds of the deductions, were granted only to Rivers government.

    The judge said it was only Rivers that would benefit from the refund and not the 35 states since the court was not a “Father Christmas” that granted what was not sought.

  • [BREAKING] 2023: Northern governors reject zoning presidency to south, say agitation by southern colleagues unconstitutional

    [BREAKING] 2023: Northern governors reject zoning presidency to south, say agitation by southern colleagues unconstitutional

    Governors of the 19 states in the North have opposed the call by their southern counterparts that the Presidency should be zoned to the South in 2023.

    This formed part of the resolutions reached on Monday when the governors held an emergency meeting with traditional rulers in the region at the Government House in Kaduna State.

    Chairman of the Forum and Governor of Plateau State, Simon Lalong, read out the communique containing the resolutions on behalf of his colleagues.

    According to the governors, zoning the office of the President as being agitated by southern governors is against the provisions of the 1999 Constitution, as amended.

    They stated that any president elected must meet the constitutional requirements which include scoring the majority votes, and polling at least 25 per cent of the votes cast in two-thirds of the 36 states of the Federation.

    Governor Lalong noted that although some northern governors had endorsed power shift to the South, the regional governors collectively condemned such calls.

    He also briefed reporters on the position of the governors regarding the lingering dispute between the Federal Government and states over the collection of Value Added Tax (VAT).

    The northern governors, Lalong said, are aware that the case is before the court, and it will amount to sub-judice to take a decision on the matter.

    He, however, explained that VAT should not be mistaken by state governments as a sales tax, saying allowing every state to enact its VAT law would result in multiple taxations, increases in prices of goods and services, as well as a collapse in inter-state trade.

    On the security of the region, the northern governors commended the ongoing military onslaught against bandits and insurgents in parts of the North.

    Despite the progress made, they decried the alleged high level of conspiracies perpetrated by some judicial officers in releasing and granting bail to arrested criminals.

  • Nigeria condemns ‘unconstitutional’ change of government in Guinea, sends message to coup leaders

    Nigeria condemns ‘unconstitutional’ change of government in Guinea, sends message to coup leaders

    The Nigerian Government has condemned what it describes as an apparent coup d’état in the Republic of Guinea.

    A spokesperson for the Ministry of Foreign Affairs, Mrs Esther Sunsuwa, made the position of the government known in a statement on Sunday.

    According to the statement, the takeover of power by the military is in clear violation of the ECOWAS Protocol on Democracy and Good Governance.

    “The Government of Nigeria strongly condemns and rejects any unconstitutional change of government and therefore calls on those behind this coup to restore constitutional order without delay and protect all lives and property,” it said.

    The statement was issued following reports that special forces in Guinea have taken over power in what appears to be a new twist in the political unrest in the West African country.

    As a result, incumbent President Alpha Conde who has been in office since December 2010, was said to have been arrested by the soldiers.

    “We have decided, after having taken the president, to dissolve the constitution,” a uniformed officer flanked by soldiers wielding assault rifles was quoted as saying in a video sent to AFP.

    The soldier announced that Guinea’s land and air borders have been shut and that the government had been dissolved.

    Thereafter, the head of Guinea’s military special forces, Lieutenant Colonel Mamady Doumbouya, was said to have appeared on public television.

    Wrapped in the country’s flag, Doumbouya revealed that his action was triggered by “mismanagement” by the government.

    “We are no longer going to entrust politics to one man, we are going to entrust politics to the people,” the coup leader said. “Guinea is beautiful. We don’t need to rape Guinea anymore; we just need to make love to her.”

    There has been lingering political tension in Guinea, first spurred by the bid for a third term by President Conde in 2020.

    Another video sent to AFP showed a rumpled-looking President Conde sitting on a sofa, surrounded by troops.

    The 83-year-old who survived an assassination attempt in 2011 refused to answer a question from a soldier about whether he was being mistreated while in their custody.

    Sunday’s incident in Guinea has continued to attract condemnation and criticism, one of which was the reaction of UN Secretary-General Antonio Guterres who asked the putschists to release Conde.

    “I am personally following the situation in Guinea very closely,” he said in a social media post. “I strongly condemn any takeover of the government by force of the gun and call for the immediate release of President Alpha Conde.”

  • Military, South-East Governors’ ban of IPOB unconstitutional – Saraki

    Military, South-East Governors’ ban of IPOB unconstitutional – Saraki

    The Senate President, Dr. Bukola Saraki on Monday said the declaration by the Nigerian military that the Indigenous People of Biafra, IPOB, is a terrorist organisation

    He also said the ban placed on the group’s activities by the South-East Governors did not follow due process.

    The Senate President who revealed this in a statement on Monday assured Nigerians that the National Assembly would wade into the crisis.

    Saraki, however, commended the military for maintaining peace in the region.

    He said, “I also wish to state that the announcement of the proscription of the group known as Indigenous People of Biafra by Governors of the South-East states and the categorization of the group as a ‘terrorist organisation’ by the Nigerian military are unconstitutional and do not follow due process.

    “Our laws make clear provisions for taking such actions and without the due process being followed, such declaration cannot have effect. I am sure the President will do the needful by initiating the right process.

    “This will go a long way in demonstrating to the world at large that we are a country that operate by laid down process under every circumstance. So, those who have been hammering on this point should maintain their cool.

    “Following the clash between the military and members of the Indigenous People of Biafra (IPOB), I hereby call for calm and restraint by all Nigerians so that we would all jointly find the right solution to the current problem rather than worsening the crisis.

    “Our brothers and sisters in the South-East, in particular, should continue to maintain peace and tranquillity and go about their lawful businesses. This crisis will not benefit anybody but would only expose innocent people to unwarranted danger,” the Senate President explained.

    TheNewsGuru.com reports that the South East Governors on Friday proscribed the activities of IPOB in the region, a little while after the Military also declared it (IPOB) a terrorist group.