Jonathan refuse assent on Constitutional amendment bill

In what appeared a last-minute face-off, President Goodluck Jonathan has rejected amendments to the 1999 Constitution by the National Assembly. He said he would not assent to the amendments because they do not satisfy the strict requirements of Section 9(3) of the 1999 Constitution. He queried the decision of the National Assembly to whittle down some Executive powers of the President of the Federal Republic of Nigeria.
He also faulted some amendments which will give Executive powers and duties to the Legislature and the Judiciary. Jonathan made his position known in a seven-page letter to Senate President David Mark and House of Representatives Speaker Aminu Waziri Tambuwal. The return of the Constitution Amendment Bill jolted Senators and members of the House.
The President listed 12 errors in the amendments. They are as follows:
 •Non-compliance with the threshold specified in Section 9(3) of the 1999 Constitution on amendments;
•Alteration to constitution cannot be valid with mere voice votes unless supported by the votes of not less than four-fifths majority all members of National Assembly and two-thirds of all the 36 State Houses of Assembly;
 •Right to free basic education and primary and maternal care services imposed on private institutions •Flagrant violation of the doctrine of separation of powers,
 •Unjustified whittling down of the Executive powers of the Federation vested in the President by virtue of Section 5(1) of the 1999 Constitution;
 •30 days allowed for assent of the President; and
 •Limiting expenditure in default of appropriation from 6months to three months The others are: •Creation of the Office of Accountant-General of the Federation distinct from the Accountant General of the Federal Government
•Empowering National Economic Council to appoint the Accountant-General of the Federation instead of the President;
 •Allowing NJC to now appoint the Attorney-General of the Federation rather than the President; •Unwittingly whittling down the discretionary powers of the Attorney-General of the Federation.
 The President said he has no choice than to veto the amendments to the constitution as forwarded to him by the National Assembly. He said: “In view of the foregoing and absence of credible evidence that the Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act 2015 satisfied the strict requirements of Section 9(3) of the 1999 Constitution, it will be unconstitutional for me to assent to it.
“I therefore withhold my assent and accordingly remit Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act 2015 to the Senate /House of Representatives of the Federal Republic of Nigeria.” The letter reads: “May I draw Your Excellency’s esteemed attention to the Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act, 2015 that has been passed by the National Assembly and transmitted to me for assent. “I have accordingly examined the substance of the provisions and the procedure adopted by the National Assembly to pass the Act and wish to observe as follows: “Section 4 of the Fourth Alteration Act, 2015 seeks to alter Section 9 of the 1999 Constitution by the insertion of a new subsection 3A, which dispenses with the assent of the President in the process of constitutional amendment. “However, this alteration can only be valid if the proposal was supported by the votes of not less than four-fifth majority of all the members of each House of the National Assembly and approved by a resolution of the House of Assembly of not less than two-thirds of all the States as provided by Section 9 (3) of the 1999 Constitution.
 “ This is a fundamental requirement of the Constitution and in the absence of credible evidence that this requirement was met in the Votes of Proceedings of the National Assembly, it will be unconstitutional for me to assent to this Bill. “In light of the above, I am of the respectful view that I should withhold assent until it can be shown that the National Assembly has complied with the threshold specified in Section 9 (3) of the 1999 Constitution. “However, assuming without conceding that the necessary thresholds were met by the National Assembly, there are a number of provisions in the Act that altogether constitute flagrant violation of the doctrine of separation of powers enshrined in the 1999 Constitution and an unjustified whittling down of the executive powers of the federation vested in the President by virtue of Section 5(1) of the 1999 Constitution. The said Section 45A of the Fourth Alteration Act 2015, which guarantees the right to free basic education is too open ended and should have been restricted to government schools. He added: “This is because, a right unless qualified or restricted must be observed by all. It follows therefore that the right to free basic education under this provision if taken to its logical conclusion, will invariably apply to private schools, which could not have been the intendment of the legislature. “This same argument applies to Section 45B, which guarantees unqualified right to free primary and maternal care services. The implication of this is that private institutions will be obliged under Constitution to offer free medical services since it is a right and this is not only impracticable, but also could not have been the intention of the law giver. “ There is therefore the need for these provisions to be redrafted to restrict the enjoyment of these rights and place the obligation to provide the conditions necessary for the enjoyment of the rights on the government.” Jonathan also queried the limitation of the power of the President to withhold assent to bills to 30 days. He said 30 days might not be sufficient for a President to go through such bills. He said: “The power vested in the President to withhold his assent to Bills passed by the National Assembly is part of the checks and balances contained in the Constitution. “Withholding of assent therefore constitutes a check on the exercise of legislative powers in a constitutional democracy especially as the Executive Branch has the responsibility of enforcing laws passed by the National Assembly. However, some of the Acts of the National Assembly emanate from Private Members’ Bills, which in many cases, the Executive may not have had sufficient input. “ It is also instructive to note that in some cases, more than one Bill is transmitted to the President for assent and that the President requires the advice of relevant agencies of government before he can assent to the Bill. “Against this background, the 30 days allowed for assent of the President may not be adequate in some cases for the President to make a decision as to whether or not to assent.” The President disagreed with the lawmakers for restricting the President’s right to spend funds in default of appropriation to three months instead of six months. He said the amendment by the lawmakers does not take into cognizance unforeseen circumstances the nation might go through any time. He added: “This alteration seeks to limit the period when expenditure can be authorized in default of appropriation from the 6 months provided in the Constitution to 3 months. “I am of the view that this provision has the potential of occasioning financial hardships and unintended shutdown of government business particularly where four unforeseen reasons and exigencies in the polity, the National Assembly is unable to pass the Appropriation Act do not justify the reduction of the six-month time limit in the Constitution. I am of the respectful view that the current position should have been maintained.” He blamed the National Assembly for recommending that the National Economic Council(NEC) should henceforth appoint the Accountant-General of the Federation. He said: “The provision of section 84A that creates the new Office of Account-General of the Federation distinct from Accountant- General of the Federal Government has not addressed the funding requirement for the establishment of the office. “ It is necessary to clarify for instance, who staffs and funds the office of Accountant General of the Federation and from whose budget he will be paid since he serve the three tiers of Government. “ It is also important to state who will exercise oversight powers over the office. Furthermore, the National Economic Council, which is mainly an advisory body, is now charged with the responsibility of recommending those to be appointed to the Office of Accountant General of the Federation.” Jonathan described the amendment on the separation the Office of Attorney General of the Federation from the Minister of Justice as ambiguous. He said: “These alterations encapsulate wide-ranging provision that seek to separate the Office of Attorney General of the Federation from the Minister of Justice and the Attorney General from the Commissioner for Justice in the respective States of the federation. They also provide for the independence of the Office of Attorney General by guaranteeing tenure and funding. “However, as desirable as the separation is, there are some provisions that validate the doctrine of separation of powers and also negate the age-long independence and absolute discretion that the office has enjoyed for centuries since it creation in middles ages. The potential challenging provisions are discussed below: “The first noticeable set back is that the Fourth Alteration Act 2015 is silent on who is the Chief Law Officer of the Federation/State. This is serious lacuna, which may create implementation challenges. “It will be recalled that the Attorney- General of the Federation (AGF) and Minister of Justice and the Attorney General and Commissioners for Justice in the respective States of the federation are under sections 150 and 195 of the 1999 Constitution, the Chief Law Officers respectively.
 “Apparently, it is the fact that the AGF is the Chief Law Officer has the power to guide the MDAs on legal issues by way of legal advice and represent the Government on other legal matters including civil litigations, contract, treaty obligations, legal drafting, etc., is derived. “With this amendment, which limits the power of the AGF to criminal prosecution and silent on whom who is the Chief Law Officer, it appears to erode the constitutional and legal basis for the current structure and functions of the Ministry of Justice and the Law Officers employed therein, in the absence of a Statute that provides for the exercise of these powers and functions. Consequently, if it is the intendment of the National Assembly to make the Minister of Justice, the Chief Law Officer, it should be expressly stated. This will enable these functions to continue to be traditionally performed by the Ministry under the supervision of the Minister of Justice while the Office of the AGF, which is to be independent and separated from the Ministry, concentrate on prosecutions.”

Nigeria glory will be restore by God says Prof Osinbajo's mum

Madam Olubisi Osinbajo, the mother of the Vice President-elect, Prof. Yemi Osinbajo, said on Tuesday that God had revealed to her that Nigeria’s lost glory would be restored.
Mrs Osinbajo, 80, told the News Agency of Nigeria in Lagos that God also revealed to her that the successful and positive change of government would guarantee peace and tranquility in the country.
She said, “I give God all the glory for the success of the elections. It came to me that God said he will restore Nigeria and everybody in the world will rejoice with Nigeria.
“Today, when I was praying, I saw this, ‘do not sorrow, for the joy of the Lord is your strength’. That is what God said to Nigeria.
“So, I don’t want to say anything than to thank God for what is happening in Nigeria now, because it is just too marvelous.
“So, we have nothing to say than to thank God. We are proud to be Nigerians now.’’
Madam Osinbajo was born at Ibadan, the Oyo State capital, on February 16, 1933, to Mr Thomas Aiyegbayo, from Osun State, while her mother hailed from from Ilaro, Ogun State.

Rivers Election: ‘I weep for Nigeria’

An ally of the Rivers State Governor, Rotimi Amaechi, Chief Andrew Uchendu, is weeping for Nigeria, especially for the massing rigging in Rivers during the general elections. He expressed shock that candidates of the Peoples Democratic Party (PDP) in Rivers state, who did not allow elections to hold, could in-turn be declared winners by the Independent National Electoral Commission (INEC), with the backing of the police.
Uchendu, the All Progressives Congress’ (APC’s) candidate for Rivers East Senatorial District, who currently represents Emohua/Ikwerre constituency in the House of Representatives, stated these Tuesday in Port Harcourt, in an interactive session with reporters. Amaechi’s ally said: “During the elections (of April 11), neither my people nor I voted. The situation took place across my Senatorial District and indeed the entire Rivers State.
 “Since you did not vote and INEC has released the results of elections that never held, my advice to you (his teeming supporters) is to keep calm and be law abiding, because anything built on a faulty foundation will surely collapse. “You are not alone in this. Both national and international observers have independently condemned the elections in Rivers State, which according to them, even fell below the guidelines which INEC set for itself. “As a Rivers man, I wonder how those who fraudulently got themselves into power will claim to represent the people or run any legitimate government. Surely, the Rivers society will outlive this charade.” Uchendu also lauded Rivers people, especially those of the Rivers east senatorial district, who believed in him and were prepared to vote for him, but were prevented by the PDP’s thugs, INEC officials and policemen.

Chibok Girls: Buhari can rescue our girls by parent

One of the parents of the abducted Chibok girls Rev. Mark Enoch has declared complete faith in President-Elect Gen. Muhammadu Buhari and his ability to rescue the remaining 219 Chibok girls in captivity. He said that things will now be better because Gen. Buhari has the ability to destroy the Boko Haram sect like he destroyed the Maitasine movement in 1984 and bring back the Chibok girls that were abducted a year ago. Rev. Enoch stated this Tuesday in Abuja, after the press conference held by members of the Kibaku Area Development Association (KADA) and umbrella body of the Chibok community in Abuja, titled ‘one year commemoration of the abduction of #Chibokgirls: the unending agony of a community’. He said, “I know that as General Buhari is now the President elect, things will be better, he can rescue our daughters, he can bring our daughter back home. He can end all the atrocities of the Boko Haram sect like he addressed the Maitasine movement in 1984 and our girls will return, so we the Chibok girls’ parents are excited. “I will like to appreciate madam Oby ezekwesilli, members of the #BringBackOurGirls advocacy, they are the Mandela’s of our time.”

KADA in their press statement said that despite the gloomy picture of what is happening in their community before and after the abduction, they are still hopeful that the girls will come back home alive. They said, “After the abduction, Chibok area was attacked six times with resultant high causalities including eleven of the parents and guardians of the abducted girls. The people of Chibok are today haunted, displaced, traumatized and living in agony as refugees or internally displaced persons all over Nigeria and beyond. There is also looming famine in the Chibok (Kibaku) community and environs as a result of the terrorism that has virtually crippled farming activities. Wantom destruction of food stuff, granaries and livestock’s were perpetrated by the insurgency. There was also poisoning or destruction of water wells, the primary source of water for the community.

“Despite the gloomy picture of what is happening in the community, we are still hopeful that our girls will come back alive. We are hoping that Mr President will keep his word by brining the girls back alive before leaving office on 29th May 2015. Even if he fails to achieve it, we are hopeful that the President-Elect will Bring Back Our Girls alive. “In the abduction saga, it is true that the girls are the victims, the parents and guardians are suffering the agony, trauma and pains, but the embarrassment is that of the government and the people of Nigeria, while the military suffered humiliation. We urge all to come together and find a lasting solution to this saga so as to save our face as a country.”

Lagos kidnapping: The three Children Have been found, Thank you Nigerians

The  three children kidnapped in Surulere area of Lagos State have been found . They were dumped in a compound in Egbeda. They have been united with their parents as we speak.We thank God and all concern Nigerians for their supports. This is therefore a lesson and wake up call to parents to be very sensitive to the seasons and times and those you bring into your home.

Allison Madueke says six country didnot denies me asylum request

The minister of petroleum Allison Madueke have denied a story by saharareporters that she apply for asylum in six country and was subsequently denied by those countries.
 sahara reporters stressed that a blockbuster report they got from Business Council for Africa (BCA) claiming that Petroleum Minister, Mrs Diezani Alison-Madueke, has been denied asylum by six countries where she had so far applied. The report claims she's looking for a country to run to before Gen. Buhari takes over as president because she's scared she might be probed or jailed.

But reacting this evening, Alison-Madueke, through the Group Public Affairs GM of the Nigerian National Petroleum Corporation, Mr. Ohi Alegbe, said there's absolutely nothing of such happening. She said she has no intentions of either seeking asylum anywhere in the world or even relocating from Nigeria. Read the Sahara Reporters/BCA report after the cut...

No fewer than six countries have already refused to grant an asylum request by the Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, the Business Council for Africa (BCA) said in its just-released monthly report, noting that about US$ 1 trillion is the latest estimated figure of the looting of the Nigerian treasury between 1960 and 2005 alone.

The report, dated March 2015, focused extensively on Nigeria’s general elections.  It said the notorious Minister, whose impunity is known to have been closely-protected by President Goodluck Jonathan, will be coming under the microscope for the first time in her Ministerial career.

“Given her reputation, it comes as no surprise to learn that 6 countries have already refused to grant her asylum to live in their countries as she now wishes to leave Nigeria at the earliest possible opportunity,” it said.

BCA recalled President-elect Muhammadu Buhari lamenting that the rest of the world looks at Nigeria as the home of corruption, one where stealing is not corruption but a way of life, and that his administration will pursue all public offices and individuals who are believed to be guilty of corruption.

It observed that despite an earlier promise, it is now understood that Buhari’s anti-corruption fishing net will include Ministers currently serving under President Goodluck Jonathan.  Alison-Madueke’s departure from Nigeria is likely to be followed by several other PDP elders, party members and supporters as well as some former Government officials, as Buhari's anti-corruption drive will be far-reaching.

“It will be very interesting to learn in the coming months exactly how far back in Nigeria's history his administration will go in the pursuance of those who have robbed Nigeria of US$ 1 trillion, which is the latest estimated figure of theft from the Nigerian treasury between the period 1960-2005. Given that President Jonathan's administration is considered the most corrupt of any of its predecessors, that figure is going to be considerably magnified, but whether the new President will wish to pursue former Heads of State is a matter of interest and considerable debate to Nigerian observers. It is this subject that is primarily responsible for Buhari's success in winning the election as well as his campaign promises to eradicate Boko Haram, revive the economy and rebuild Nigeria to make its position as the number one country in Africa.

While BCA agreed that the March/April 2015 were “the most credible elections in Nigeria's history”, it said they could not be called the most incorruptible.

On the contrary, it referred to them as the worst because of the amount of money that the PDP so freely and openly spent on trying to secure the re-election of Mr. Jonathan.

“The stories and reports from throughout the 36 States of the amount of money distributed by the PDP to elders, rulers, church leaders, unions and youth leaders amongst others in an endeavour to favour the voters towards the PDP has backfired badly,” the report said. 

BCA said that if the 2011 elections were considered bad, the 2015 elections will undoubtedly go down as the most corrupt in Nigeria's history, certainly since 1999, as the amount of money being distributed as bribes primarily by the PDP so very openly would readily confirm.

Election in Rivers and Akwa ibom state is a sham says APC

As you are aware, the Governorship and House of Assembly elections were held across the country on Saturday.
While the elections went on smoothly in most parts of the country, the situation was different in some others, where all that took place was nothing but mock elections, a mere charade!
Two of the states that witnessed such caricature of elections are Rivers and Akwa Ibom, where elections were not conducted in accordance with INEC guidelines.
Because of this, we in the APC are left with no choice than to demand the immediate cancellation of the purported elections in the two states.
Let me now present more in-depth details of what transpired in Rivers and Akwa Ibom on Saturday, and why the elections in the two states cannot stand.

RIVERS

•It is clear that the script for the distortion of the Rivers elections was written by the Presidency and executed by the PDP, the police and militants
•As you would recollect, our party’s chapter in Rivers had written a petition complaining of the crass partisanship of the Rivers State Commissioner of Police in the Presidential and National Assembly Elections held on the 28th of March. Because of this petition, the Inspector-General of Police (IGP), Mr. Suleiman Abba, posted three Commissioners of Police from the Force Headquarters to oversee the April 11th Governorship and House of Assembly Elections in Rivers State.
•As soon as the President learnt of this development, he directed the IGP to reverse the decision and instead requested that AIG Tunde Ogunsakin be posted to oversee the April 11th Elections in Rivers State
•As soon as electoral materials were distributed, the Divisional Police Officer for Akuku Toru Local Government Area simply handed over the election materials for this local government to the militants. Upon learning of this development, AIG Ogunsakin ordered that the materials should be recovered and handed over to the Electoral Officer for the Local Government within the next hour.
•Irked by AIG Ogunsakin’s directive, the Presidency ordered him to leave Rivers State within 6 hours and a pliant replacement was asked to take over from him.
•From then on, unimaginative terror was unleashed on the electorate, in particular on APC members and supporters. It was a straight fight between the police, the militants and the PDP on the one hand and the APC on the other hand.
•Contrary to the directive from INEC that Card Readers be used for the elections, the machines were discarded in Rivers. This is why the voter turnout for Rivers, as announced by INEC for Rivers, stood at more than 75 per cent, compared with the national average of between 25 and 35 per cent.
•Gentlemen, because of these and other anomalies, we hereby unequivocally demand for the cancellation of the Governorship and House of Assembly elections in Rivers State.

AKWA IBOM

•The APC fully supports the demand by its chapter in Akwa Ibom for the immediate cancellation of the Governorship and House of Assembly elections in Akwa Ibom.
•Our position is based on the fact that elections in most parts of the state were not conducted according to INEC guidelines.
•Election materials were not supplied to most of the polling units in all the three senatorial districts.
- In former Governor Victor Attah’s ward in Ibesikpo Asutan, three contiguous polling units did not receive election materials.
- In the most of the polling units in Oruk Anam, which is the home local government area of Atuekong Etiebet and Chief Soni Udom, Director-General of the APC Governorship Campaign Organisation, most of the polling units did not receive election materials.
- Election materials were also not supplied to most polling units in Itu, Ibiono Ibom, Ikot Ekpene, Esisien Udim, Uyo, Eket, Abak, Nsit Ibom, Etinan, Esit Obolo, Ibeno, Nsit Attai, Ikono, Ini.
•In areas where polling materials were received, hordes of deadly armed thugs, escorted by men in Nigeria Police and Army uniforms, stormed the polling units and carted away the election materials midway into the accreditation process.
- For instance in Ndiya ward 3, unit 004 in Nsit Ubium, which happens to be the polling unit of our governorship candidate, election materials were supplied but thugs led by the Special Assistant to the Governor on Security, retired Capt. Iniobong Ekong, invaded the place and took away all the election materials. The thugs were later traced to the house of Capt. Ekong, where the election materials were recovered. An inventory of the recovered materials showed that the number of the ballot papers had reduced from 1,571 to 450. The polling officer could not account for the differential. Even so, the Divisional Police Officer of Nsit Ubium later stormed the place and took away the remaining materials.
•In a meeting with APC Governorship Candidate, Mr. Umana Okon Umana, the electoral officer of Nsit Ubium local government admitted that the election process in the area was marred by security failure, which allowed PDP thugs to hijack election materials and take them to private homes for thumb-printing.
•Similarly, invasion of polling units and snatching of ballot materials took place in other polling units in Uyo Senatorial District, Ikot Ekpene Senatorial District and Eket Senatorial District.
•In addition to the failure to supply election materials to polling units and the snatching of ballot boxes, the elections were marred by widespread violence, resulting in the deaths of many people.
Here are instances of such unbridled violence, as related by INEC staff, party agents and other citizens who saw most of what happened.
- PDP thugs killed two of our members in Ibiono Ibom when Bassey Albert invaded a RAC centre in the area with over 50 thugs to cart away ballot materials.
-  The PDP thugs also killed one of our members in Nsit Ubium.
- Three APC supporters were also killed Uyo.
- Yet another APC member was killed in Uruan.
- One more APC member was killed in Ini Local Government Area. This was acknowledged by the Assistant Inspect General of Police, Mr. Baba Adisa Bolanta, who was in charge of elections in the state.
We have included here some links to pictorial evidence showing the killings and other acts of violence that marred the elections in Akwa Ibom State.
•In view of the widespread failure by INEC to supply election materials to polling units in most parts of Akwa Ibom, the rampant snatching of ballot boxes and the bloodletting by PDP thugs that characterised the conduct of the elections on Saturday, we as a party hereby call for an outright cancellation of the elections.
We are vindicated that some local and international election observers have also been very critical of the elections in the two states, with some calling for an outright cancellation.
The leader of African Centre for Leadership Strategies and Development, Mr Humphrey Bekaren, said in Port Harcourt that the observers were shocked that INEC disregarded the widely reported violent irregularities to begin the process of declaring results in Rivers state.
He says: ‘’We request all lovers of democracy to join us in calling for the outright cancellation of the phony election.Unless this is done, we would have sown the seed that could eventually grow into providing a shade of fear and death over us.’’
Also, The Situation Room, which is a coalition of Civil Society Organisations working to ensure credible elections in Nigeria, called on INEC to ‘’urgently take steps to clinically scrutinise the final collated results from Rivers and Akwa Ibom, as well as Abia, against the polling unit results and make a reasoned judgment about them’’.
It said in its final statement issued a few minutes ago: ‘’In our view INEC should concern itself with possible negative public perceptions of the elections in the three States and ensure that it takes every necessary step to protect the integrity of the elections in the States, as a way of strengthening the trust of the electorate in the voting process.’’