Fayose urges Buhari to release Kanu, others unconditionally (Read full details)

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Ayodele Fayose of Ekiti State

Ekiti State Governor, Ayodele Fayose has called on President Muhammadu Buhari to order the unconditional release of leader of the Indigenous Peoples of Biafra (IPOB), Nnamdi Kanu, and other Nigerians who have been unjustly incarcerated like Sambo Dasuki, the ex-National Security Adviser (NSA) to former President Goodluck Jonathan.

In a statement in Ado-Ekiti yesterday by his Chief Press Secretary, Mr. Idowu Adelusi, he asked President Buhari to reciprocate the mercies of God upon his life by showing mercy on Kanu and the others.

He also advised that it would be wrong to reverse the gains we made under democracy, adding that the current peace in the Niger Delta and the slight improvement in the nation’s economy must be sustained.

He thanked God for the President’s return, which he said was all at the mercies of God, and particularly because Nigerians prayed for him.

His words: “It, therefore, behooves on you to show mercy on Kanu and Dasuki, who have been granted bail by the courts of competent jurisdiction, and such other Nigerians that are suffering unjust, punitive, illegal, and unconstitutional incarceration under this administration.

“Allow all those who have been granted bail by the court to enjoy their bail while their trial continues. This is the right, just, and merciful thing to do, especially now that your good self is looking up to God for mercy.”

Fayose, however, condemned some Igbo leaders who he said, were playing politics with Kanu’s continued incarceration and warned that his continued incarceration could be interpreted to mean hatred for the Igbo people.

Vía Uzomedia http://ift.tt/2mE6XYv

Court restrains Oduah, firms from withdrawing cash in banks

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Stella Oduah

A Federal High Court, Lagos, has restrained Senator Stella Oduah and Sea Petroleum and Gas Company Limited and its directors from making any withdrawal whatsoever from the account of the company.

The restriction order also involves three other limited liability companies, namely Sea Shipping Agency Limited, Rotary Engineering Services Limited and Tour Afrique Company Limited.

The accounts of those firms are domiciled in 21 commercial banks listed before the court. The order followed an alleged indebtedness of $16,412,819.06 and N100,493,225.59 to Sterling Bank.

The court also granted an order directing the said commercial banks having Oduah and the four companies’ assets to sequestrate the said indebtedness and keep same in an interest yielding account in the name of the chief registrar of the federal court pending the determination of the suit filed before the court to recover the debt.

The order of the court was sequel to an affidavit sworn to by Business Manager, Sterling Bank Plc., Mr. Segun Akinsanya, filed and argued before the court by Kemi Balogun (SAN).

Akinsanya, in the affidavit, averred that on October 8, 2012, the bank granted a lease/cabotage vessel finance facility to Sea Petroleum and Gas Company in the sum of $10,069,620.25 to finance one unit 5,000MT tanker vessel.

“The loan was secured by unconditional personal guarantee of the companies’ director, Oduah, and supported by statement of her networth, legal mortgage of two property worth N135 million and power of attorney of the tanker vessel in favour of Sterling Bank.

“There was also a fully executed irrevocable standing payment order and tripartite remittance agreement between First Bank Plc, Sterling Bank and Stella Oduah,” Akinsanya swore.

He further averred that Sea Petroleum and Gas Company requested for and was granted additional facilities in the sum of $449,600 for post-delivery expenses, $642,954 and $350,000 to meet the requisite conditions in securing the release of the tanker from the federal high court.

According to him, upon the persistent failure of the defendants to liquidate their indebtedness, Sterling Bank instructed the law firm of Oluwakemi Balogun to recover the debt.

Meanwhile, Oduah and her companies while urging the court to discharge the order, also filed a preliminary objection urging the court to strike out the suit on the ground that the court lacks jurisdiction to entertain it.

Justice Abdulaziz Anka has adjourned till March 20, 2017 to decide either to vacate the order or not.

Vía The Guardian Nigeria http://ift.tt/2mnpqqM

National Assembly fumes at Osinbajo’s veto of four bills

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Acting President Prof. Yemi Osinbajo receives the Commander, US-Africa Command, General Thomas D. Waldhauser at the State House, Abuja, yesterday.

• Threatens to override acting president
• ‘Why I withheld my assent’

Acting President Yemi Osinbajo has withheld assent to four bills passed by the National Assembly last year. The four proposed laws are National Lottery Amendment Bill; Dangerous Drug Amendment Bill; Agriculture Credit Guarantee Scheme Fund; and Currency Conversion Bill.

And to quell the growing agitations by senators who expressed readiness to override the president’s veto on the bills, the Senate President Bukola Saraki quickly declared that the upper chamber would seek legal advice before taking further step on the matter.

While the action of the acting president signals a rising assertion of his authority, it is also an early indication of potential frosty relations between him and the National Assembly. Thus, unless the two arms of government can mutually resolve the matter, it will adversely affect governance.

The nation’s constitution has sufficient provisions to take care of what should happen when the president withholds his assent to any bill. Section 58 of the constitution reads: “Where a bill is presented to the president for assent, he shall within thirty days thereof signify that he assents or that he withholds assent. Where the president withholds his assent and the bill is again passed by each House by two-thirds majority, the bill shall become law and the assent of the president shall not be required.”

Osinbajo explained that “The rationale for withholding assent to the Lottery Amendment Bill is the existence of pending legal challenge to the competence of the National Assembly to legislate on the subject matter.”

The National Assembly had, in amending the Lottery Act, transferred the power to grant licences to lottery operators from states to the Federal Government for the purpose of boosting federal revenue.

On the Currency Conversion Bill, Osinbajo said: “The rationale for withholding assent to the bill is the concern regarding the modalities for the communication of asset forfeiture orders.”

The National Assembly’s motive for amending the Currency Conversion Act (Freezing Orders) was to transfer the power of the President and the Central Bank of Nigeria (CBN) governor on asset forfeiture to the law courts. The amendment sought to whittle down the powers of the president to order the forfeiture of assets and transfer such powers to the court.

On the Dangerous Drug Amendment Bill, the acting president said he withheld his assent as a result of certain words and phrases that might be inconsistent with the spirit behind the amendment.

Osinbajo also said he rejected the bill on Agriculture Credit Guarantee Scheme Fund because of funding concerns and composition of the board. “The reason for withholding assent to the bill are the concerns surrounding board composition, funding arrangements, limitation of liability of funds and proposal to increase levels of uncollateralised loans from N5,000 to N250,000.”

After the letters had been read in the Senate by Saraki, a point of order was raised by Dino Melaye who quoted extensively from the 1999 Constitution and claimed that the action of the acting president and the executive branch of government had injured the principle of separation of powers.

“The role of the executive is to carry out their traditional role by signing any bill passed by the National Assembly,” Melaye claimed, insisting that the action of the acting president, if allowed to stand, would constitute a grave danger to democracy in the country and undermine the powers of the parliament.

According to Melaye, Section 4 (1) of the constitution reads: “The Legislative Powers of the Federal Republic of Nigeria shall be vested in the National Assembly for the federation which shall consist of the Senate and the House of Representatives.

“The National Assembly shall make laws for the peace, order and good government of the federation or any part thereof with respect to any matter included in the exclusive list set out in part one of the second schedule of this constitution.

“The role of the executive is to carry out their fundamental objective by signing anything that has been passed by this House and anyone who has a problem with it can go to court in compliance with the provisions of section 6 of the constitution. May it not be a bad day for democracy if we keep quite and allow the powers of the legislature to be usurped by the non-compliance with the provisions of the constitution.”

George Sekibo, in his own reaction, reminded the lawmakers that they have the power to override the acting president if they are not satisfied with his decision.

Saraki said the decision of Osinbajo would be examined by the legal team of the Senate after which appropriate steps would be taken on the issue.
“ I think the procedure is that we would refer this to our legal department to give us advice or interpretation on some of the things that you have raised for us to be properly guided. But I agree with you that it is a matter that we must take seriously because it goes down to the issue of separation of powers. We would get the opinion of the legal department,” he said.

Also yesterday, the House of Representatives hinted that it may override Osinbajo. The Speaker, Yakubu Dogara who informed his colleagues of the refusal by the acting president to assent to the bills mandated the House Committee on Justice to scrutinise the basis for his decision.

The House leader, Femi Gbajabiamila who spoke in the same vein enjoined the House to read through Osinbajo’s observation before taking a final stand on the bills.

Dogara said the House would be left with no option than muster the required support to override the acting president if the need arises.

Vía The Guardian Nigeria http://ift.tt/2m9ZmU0