A Federal High Court in Abuja has restrained the Economic and Financial Crimes Commission (EFCC), the Inspector-General of Police (IGP) and three others from proceeding with their renewed probe of Senate President Bukola Saraki.
Also to be affected by the restraining orders issued on Tuesday by Justice Taiwo Taiwo are the Department of State Services (DSS), the Independent Corrupt Practices and other related offences Commission (ICPC) and the Code of Conduct Tribunal (CCT).
Justice Taiwo gave the orders in two rulings delivered two ex-parte motions filed by Saraki along with two fundamental rights enforcement applications, marked: FHC/ABJ/CS/507/2019 and FHC/ABJ/CS/508/2019.
The orders, according to the judge, are to subsist pending the hearing and conclusion of the two fundamental rights suits by Saraki.
Arguing the ex-parte motions, Saraki’s lawyer, Sunday Onubi, said unless restrained, the respondents would cause irreparable damages to the applicant’s rights before the substantive suits were heard.
Onubi prayed the court “for an order directing the respondents, by themselves, their servants, agents, privies or officers to stay all actions in connection with the subject matter of this suit, pending the hearing and determination of the originating motion on notice.”
He said the motion was supported by 37 paragraphs affidavit, deposed to by the applicant (Saraki), with four exhibits attached, marked ABS 1, to ABS 4
Onubi said he also filed another 37 paragraphs affidavit of urgency, with four exhibits.
He made similar argument in relation to the other ex-parte application.
In his first 3 ruling, Justice Taiwo said: “There is no doubt that the Fundamental Rights Enforcement Procedure Rules 2009 is a special proceeding with its stated rules and procedure.
“By the provision of Order 4(3) of the Fundamental Rights-Civil Procedure Rules, 2009, the court may, if satisfied that hardship may be caused to the applicant before the service of an application where liberty or life of the applicant is involved, hear the application ex parte upon such interim reliefs as the justice of the application may demand.
“There is no doubt that, in making the interim reliefs or orders, the court is guided, even in its exercise of its discretion judicially and judiciously applied by the law and statues.
“Here comes in the rules and of course, the Constitution of the Federal Republic of Nigeria.
“One of the considerations, which is paramount, is the hardship the applicant may go through, between the service of the processes and the hearing of the main motion, amongst others.
“I have gone through the affidavit in support of the ex parte application particularly paragraphs 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35.
“I also duly considered the averments in the affidavit of urgency and all the exhibits attached.
“I am of the view, after due consideration of the aforesaid averments, that this court ought to make the order being sought by the applicant pending the hearing and determination of the orignating motion on notice.
“To do otherwise and not to restrain the respondents by asking them not to stay actions will result in the court being faced with a fait accompli.
“I further come to my conclusion that the applicant is entitled to this order in view of the trite law that once the court is seized of a matter, parties are bound not to do anything that will make nurgatory any order of the court by staying action.
“This is akin to ordering that parties maintain the status quo. However, the court must make a positive order.
“Therefore the application made ex parte pursuant to the law, succeeds. The respondents are hereby directed, either by themselves, their servants, agents, privies or officers to stay all actions in connection with the subject of this suit pending the hearing and determination of the origination motion on notice.
“I further order that the respondents shall be served fort with the originating processes and they shall file, within five days of being served, their responses.
“The hearing is fixed for May 23”, the judge said.
Justice Taiwo made similar pronouncement in relation to the second motion.
We’ll Treat Anyone Associated With IPOB As A Terrorist – Abia CP
The Abia State Police Command has warned the Indigenous People of Biafra (IPOB) against any activity capable of truncating the peace and safety of the residents.
The Commissioner of Police in the state, Ene Okon, gave the warning in an interview on Channels Television.
He said that anyone or group of persons associated with IPOB will be termed as a terrorist and dealt with severely.
“The Nigeria Police Force In Abia will treat any person associated with IPOB as a terrorist and such a person or group of persons will be dealt with according to the law”.
The commissioner’s comment comes in reaction to the sit-at-home-order issued by the proscribed movement, scheduled to come into effect on May 30, 2019.
He noted that security personnel have been put in strategic places, thereby assuring residents to go about their activities without fear.
“I am assuring the good people of Abia to disregard the illegal order and go about their normal businesses as there is every assurance of protection of lives and properties”, he added.
EFCC arrests Kwara Assembly clerk over alleged N400m severance pay
The Economic and Financial Crimes Commission (EFCC) is currently investigating alleged illegal payment of about N400 million to some members of the Kwara state House of Assembly, it was gathered.
Accordingly, the anti-graft body is quizzing Secretary to the State Government, Alhaji Sola Gold and the Clerk of the state House of Assembly, Kperogi Halimat Jummai over the alleged payment.
EFCC source maintained that the payment did not follow due process.
It was gathered that all the 24 lawmakers were two weeks ago paid the sum of N400 million severance package, when their tenure is yet to expire.
The petitioner said even though the lawmakers and members of the state executive council are entitled to severance package, it is the next administration that is supposed to pay the money, a source at the EFCC has said.
“More worrisome is the issue of furniture allowance running to hundreds of millions of naira according to the petitioner which they wanted it pay along with severance package,” the petitioner added.
Speaker of the Assembly Dr Ali Ahmed had in a letter with Governor Abdulfatah Ahmed, confirmed that the lawmakers are entitled to severance package at the end of their tenure on June 7th this year.
The letter reads that “in accordance with the provisions of the revenue mobilization, allocation and Fiscal Commission (RMAFC) honourable members are entitled to 200 percent of their annual basic salaries as their severance gratuity allowance at the end of their tenure of office.”
The clerk of the house, Halimat Jummai Kperogi confirmed that the lawmakers had received their severance package.
She was said to have told the operatives of the EFCC that Governor Ahmed approved the payment of the package.
Kperogi said “in a meeting of the principal officers of the Kwara House of Assembly wherein I was scheduled to be the secretary, held on May 8th, 2019, issue of severance gratuity to the honourable members was raised, the principal officers were informed that the state government has approved the payment of the severance gratuity.”
“At the meeting, I informed the house that the governor had approved the payment. I added that members were expected to be paid after the expiration of their tenure of office. The house debated it and they overruled me.”
Alhaji Gold on the other hand wrote and sought for the approval of the severance gratuity and furniture allowances amounting to about N300 million for some members of the state executive council.
Gold, in a letter to the governor dated May 8th, 2019 said “your Excellency, by virtue of the provisions of Kwara state remuneration of political and public office holders laws, certain category of political and public office holders are entitled to severance and furniture allowances of their basic salaries respectively upon
successful completion of tenure.”
Alhaji Gold said that while the lawmakers had received their monies, members of the state executive council are yet to receive their gratuity.
FG approves N25bn earned academic allowances for ASUU members
….Minister: We spent N1.338tn on education in four years
The Federal Government on Tuesday said it has approved additional N25 billion payment for Earned Academic Allowances for members of the Academic Staff Union of Universities.
It was learnt that the money is a part payment contained in the Memorandum of Action the Union signed with the government.
The government said the N25 billion was aside the N20 billion that was released last year to public universities in the country.
Minister of Education, Adamu Adamu broke the news at his valedictory press conference as a minister on Tuesday in Abuja, the nation’s capital.
Adamu was joined by Minister of State for Education, Prof. Anthony Anwukah and Information and Culture Minister, Lai Mohammed at the briefing.
The minister said all universities in the country have benefitted from the N20 billion released last year by the President Muhammadu Buhari-led federal government.
He said the Buhari administration inherited an unimplementable agreement of N1.3 trillion when it assumed office in 2015.
Adamu said: “Let me inform you that the federal government has just approved an additional N25 billion to be shared to beneficiary institutions directly. Last year, the federal government released N20 billion directly to universities. As I speak, all universities have got their share of the N20 billion.
“The sad news is that the N200 billion that was released to the Central Bank of Nigeria since 2013 for the universities has not been fully accessed. In specific terms, all the 73 public varsities have accessed the 1st tranche of 50 percent of the N200 billion.
“For the second tranche of 40 percent, only 56 institutions have been able to access their funds. The last 10 percent representing the third tranche of the N200 billion has not been accessed at all.
Adamu, in his Education for Change: Our stewardship in the last four years, address, said the government invested N1.338 trillion on the sector in the last four years.
Adamu said: “In spite of the economic downturn, we have done well in terms of investment in capital expenditure. The UBEC interventions in states have recorded a total of N350 billion, while TETFund and NEED Assessment interventions have recorded N857 billion with the main ministry and other agencies recording N86 billion, totalling N1.338 trillion in the last four years.
“This is aside from the N25 billion just approved for public universities. These figures have nothing to do with personnel and overhead cost in the education sector, which are also well over a trillion naira.
“Private sector investment in the education sector from the basic, secondary and tertiary levels far outweigh government investment. Our aggregate expenditure in the education sector (public and private) therefore exceeds the much touted 20 percent of our national budget. We are poised to do more.
He said the administration has laid a good foundation for dealing with the challenges posed by the out-of-school children phenomenon and the huge number of adult illiterates.
“If we continue on this path, in the next ten years, Nigeria’s challenges in this twin direction I’ll be confined to the dust in of history.
“On basic, secondary and tertiary education, we shall continue on the path of infrastructural and manpower development, increasing carrying capacity and creating unfettered access to all levels of our education for our young people.,” the minister added.
ASUU president. Biodun Ogunyemi, said the N25 billion was supposed to be released by government to its members in March this year as part of the MoA it signed with the union.
He said he could not confirm if members of the union had received the funds or not.
The. ASUU president said the N20 billion that has been fully accessed by its members was for revitalisation of universities in the country.
“I can’t confirm if the money has been released to our members. We still have issues with the money.
“The N25 billion is part of the Earned Academic Allowances for our members. It is a part payment. We have been chasing that money to be released to us. The money was supposed to be released in March 28 this year but the government released only N20 billion leaving a balance of N5 billion.
“The balance is supposed to be mainstreamed into 2019 budget,” he added.