Headline
Senate Empowered to Call Buhari’s Bluff on Election Change
The Senate has been advised to ignore the reasons given by President Muhammadu Buhari for not signing the Electoral Act 2010 Amendment Bill passed by the National Assembly.
Based on the advice from the Senate’s Legal Department, the upper chamber has vowed to proceed with the process to override the President’s veto on the bill, which seeks to reorder the sequence of elections.
A new Section 25 in the Electoral Act, which states that the sequence of the elections will commence with National Assembly, to be followed by governorship and state Houses of Assembly, while presidential poll will come last.
Earlier, Buhari had written to both chambers of the National Assembly on his decision to withhold assent to the amendment bill.
In the letter dated March 8, 2018, the President had said the amendments made by the lawmakers were in conflict with the existing laws.
The Senate had resolved on Tuesday when the letter was read to members to seek legal advice from the Legal Department.
The department listed what it considers to be the holes in all the three arguments raised by Buhari.
The lawyers said while the President claimed that the amendment introducing a specific sequence for elections under Section 25 of the Principal Act 2010 infringed on the discretion of INEC to “organise, undertake and supervise elections,” the section cited by Buhari had been amended.
They argued that the correct legal position was contained in the Constitution of the Federal Republic of Nigeria 1999 First Alteration Act 2010, Act No. 1, “specifically Section 5 provides that ‘Section 76 of the Principal Act is altered thus…(a) Subsection (1) Line 2, by inserting immediately after the word ‘commission’ the words ‘in accordance with the Electoral Act.’”
The department stated, “From the above amendment, it is crystal clear that the power to regulate the principal elements of all federal electoral process were expressly, by the above amendment, removed from the Independent National Electoral Commission and vested in the National Assembly, which has the power to pass laws for ‘peace, order and good government’ of the Federal Republic of Nigeria or any part thereof.”
The department further said the President argued that the sequencing of the elections under Section 25 infringed on the discretion of INEC, “without expressly pointing out in what specific aspects or ways and manner cannot be a basis for legal or constitutional argument or decision.”
The lawyers added, “With due respect, the opinion expressed is too general to establish a basis for the exercise of a legal or constitutional power, more so because ‘discretion’ is a principle governed by the rules of Administrative Law and not that of Constitutional Law, which the President claimed to have anchored his arguments.”
They further argued that the term, ‘organise, undertake and supervise,’ might have conferred a wide discretion on INEC in matters of logistics in the preparation and conduct of elections, stating that the issue of discretion only comes to fore in the actual details of the preparation, organising and conducting elections.
“It is respectfully submitted that the sequencing of the elections in a bill as to which was scheduled as first or last in the conduct does not in any way hamper or affect the discretion and capacity of INEC to organise, undertake and conduct these elections into various constitutional offices provided,” the department stated.
The lawyers also said the new Subsection 3 introduced into Section 138 of the Electoral Act, which the President argued repealed two crucial grounds upon which elections could be challenged, “is not entirely correct and the view could be misplaced.”
Citing reasons for the displacement of Buhari’s argument, the department stated that the new subsection actually clarified the ambiguity contained in Subsection 1 of the Principal Act and reinforces the constitutional standards specified in Sections 65, 106, 131 and 177 of the 1999 Constitution.
“In addition, it further provides that no person shall be qualified to contest elections in breach of any of the Sections 66, 107, 137 or 182 of the Constitution of the Federal Republic of Nigeria as amended,” the lawyers said.
The department further stated that the amendment to Section 152 (3) to (5), which collectively imposed an obligation on the State Independent Electoral Commissions to apply the standard of ‘free, fair and credible elections in the conduct of local government elections is within the competence of the National Assembly’ to make laws in respect of the procedure regulating elections into the local government councils.
This, they said, is in accordance with Item 11 of the Concurrent Legislative List of the 1999 Constitution.
Farotimi, on July 2, 2024, released a 116-page book titled Nigeria and Its Criminal Justice System, setting the stage for a clash of interest resulting in petitions, persecutions, prosecutions and gagging of privileges and rights.
Peter Obi, the former presidential candidate of the Labour Party at the 2023 ele tions, and a political ally of Farotimi, had volunteered to assist in helping embattled lawyer meet his bail conditions.
“He was only arrested after all attempts to make him come and explain himself proved abortive. He has been investigated and the case is already in court,” the Command’s Public Relations Officer, Sunday Abutu, explained.
But Farotimi’s lawyer, Temitope Temokun, countered the Police statement, saying his client was never invited by the Command
“He was invited by Zone 2 on two occasions, and he went there.
“But why would you be inviting somebody to Ekiti from Lagos on something that happened in Lagos? However, he was never invited, and if he had been invited, as a lawyer, I would advise him not to go.”
The situation erupted a discourse on various fora, further questioning the the credibility of the already discredited judiciary before some Nigerians, and further popularizing the said contentious book written by Farotimi.
The lawyer reasoned that, “The book was published in Lagos. The defendant has an office in Lagos. And under the Nigerian Criminal Justice System, the law is not that you have to go to where the defendant is, to go and try the accused. You have to try the accused where the act was committed, except he had escaped justice in another state.
“So if he didn’t do that, you cannot abduct him to that state that he didn’t escape to.”
However, on appearance at The Chief Magistrates Court in the Ado Ekiti Division, days later, he was ordered to be remanded in the state’s correctional centre pending consideration of his bail application.
In the fresh charge dated and filed December 6, Farotimi was alleged to have violated the Cybercrimes laws, when he on August 28, 2024 knowingly and intentionally transmitted a false communication in an online interview on Mic On Podcast by Seun Okinbaloye on his YouTube Channel in respect of a book he authored and published with the titled: ‘Nigeria and its Criminal Justice System’.
According to the charge, Farotimi was alleged to have in the said broadcast interview claimed that, “Aare Afe Babalola corrupted the judiciary”, a claim which he knew to be false information and made for the purpose of causing breakdown of law and order thereby committed an offence contrary to and punishable under Section 24(1) (b) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.
In count two, the defendant was said to have made the allegation “with the intention of bullying and harassing the named persons thereby committed an offence contrary to and punishable under Section 24 (a) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.”
In another charge, Farotimi was alleged to have on December 2, 2024, acknowledged that there was a charge preferred before a court in Ekiti State against him at the instance of Chief Afe Babalola.
“This preferred, hidden from view and the court had purportedly demanded my presence multiple times and failed to appear before the court and this Court had then proceeded to issue bench warrant for my arrest. This is classic Afe Babalola, I detailed his corruptive influence in my book titled: ‘Nigeria and its Criminal Justice System’ which you know to contain false information for the purpose of causing breakdown of law and order thereby committed an offence contrary to and punishable under Section 24(1) (b) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended,” the charge read in part.
In count four, Farotimi was said to have described the charge in his online broadcast as “fraudulently preferred, hidden from view and the court had purportedly demanded my presence multiple times and I failed to appear before the court and this court had then proceeded to issue bench warrant for my arrest.”
The police further accused the defendant of bullying and harassing Babalola and other named persons when through his online broadcast alleged that after he sued Babalola for libel, “the machines of corruption went into overdrive and a case that should never have been killed at the preliminary stage was killed”.
Count 10 reads: That you Dele Farotimi on December 2, 2024 intentionally sent a message in the course of a press conference held on Online on your YouTube Channel, where you stated that: “I told the truth of his corruption of the society” which you know to contain false information for the purpose of causing breakdown of law and order thereby committed an offence Contrary to and punishable under Section 24(1) (b) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.
On December 10, his case was further moved to December 20 when he was granted N30 million bail. The bail conditions were completed on December 24 when he was released.
Though Farotimi is released, his freedom, which came at a cost, is not completely guaranteed as he will remain a regular visitor to courts until the final determination, which is likely to drag to the Supreme Court.
(4.00 out of 5) from the site which was based on five critic reviews.
The release of the book was accompanied by a public dispute between Dele Farotimi and Afe Babalola, In a controversial development a court in Nigeria issued an injunction halting the further production, distribution, and sale of Nigeria and Its Criminal Justice System. The decision came following a lawsuit filed by Babalola, who alleged that certain portions of the book contained defamatory statements and misrepresentations about individuals and institutions within the Nigerian criminal justice system.
Headline
Maiden Media Chat: I’m Not Ready to Shrink My Cabinet, Tinubu Declares, Defends Subsidy Removal, Insists on Tax Reforms
Nigeria’s President, Bola Tinubu, on Monday firmly defended his administration’s decision to retain his cabinet members, dismissing criticisms that it is “bloated.”
“I am not ready to shrink the size of my cabinet,” Tinubu stated during his first Presidential Media Chat in Lagos.
“I am not prepared to bring down the size of my cabinet,” he reiterated, emphasising that “efficiency” has guided his ministerial appointments.
The president also addressed concerns about the removal of the petrol subsidy in May 2023, reaffirming his stance that the decision was unavoidable.
“I don’t have any regrets whatsoever in removing petrol subsidy. We are spending our future; we were just deceiving ourselves. That reform was necessary,” he said.
According to Tinubu, the removal of the subsidy has fostered competition in the sector, leading to a gradual reduction in petrol prices.
“The market is being saturated. No monopoly, no oligopoly, a free market economy flowing,” he explained.
Tinubu rejected the idea of price control, asserting his belief in the principles of a free market.
“I don’t believe in price control. We will work hard to supply the market,” he said.
On managing electricity bills, which has tripled since the tariff hike for Band A customers, the president advised Nigerians to adopt better energy management practices.
“It’s not negative to learn to manage. You learn to control your electricity bill, switch off the light. Let’s learn to manage,” Tinubu urged.
On controversial tax reform bills, which have divided the northern and southern parts of the country, the president said “no going back”.
“Tax reform is here to stay; we cannot just continue to do what we were doing years to years in today’s economy. We cannot retool this economy with the old broken books, and I believe I have that capacity that is why I went into the race,” Tinubu said.
“I am focused on what Nigeria needs and what I must do for Nigeria, it is not just going to be eldorado for everybody, but the new dawn is here, I am convinced, and you should be convinced.”
The former governor of Lagos State expressed confidence in his security chiefs, arguing the country is more secure than he met it.
He said, “Today, I have confidence in my security architecture. It is very, very unfortunate that, you know, two decades of wanton killing. I remember when I jumped into the campaign, I had to stop the campaign to pay condolence visits to Madiburi, Katsina, Kajuna, Kola. Today, you can still travel the roads. Before now, it was impossible. It took one incident to mess up an organized environment.”
”I am not probing anybody or service chiefs, you cannot disrespect the institution because of the threat of probe. Give them credit for what they are doing, I am proud of what they are doing today.’’
President Bola Tinubu, on Wednesday, presented the proposed 2025 federal budget to a joint session of the National Assembly.
The N47.9 trillion budget saw a whopping N3.5 trillion allocated to the education sector.
Other sectors that got higher allocations include defence and security – N4.91tn, infrastructure – N4.06tn and health – N2.4tn.
“It is with great pleasure that I lay before this distinguished joint session of the National Assembly, the 2025 Budget of the National Assembly of Nigeria titled, ‘The Restoration Budget’ security peace, building prosperity,” Tinubu said as he concluded his 30-minute presentation at 1:10pm.
This budget highlights the government’s focus on improving education, healthcare, and infrastructure, in line with its ‘Renewed Hope Agenda’ aimed at boosting the economy and addressing key national priorities.
The live broadcast of the budget presentation today revealed the government’s plans for the next fiscal year. With a strong emphasis on human capital development, the president highlighted the budget’s commitment to improving the nation’s economic foundation.
Education sector receives major funding
A significant portion of the 2025 budget is dedicated to education, with N3.5 trillion allocated to the sector. President Tinubu stated that part of this funding would be directed toward infrastructure development, including support for Universal Basic Education (UBEC) and the establishment of nine new higher educational institutions.
“We have made provision for N826.90 billion for infrastructural development in the education sector,” Tinubu said.
This allocation aims to improve educational facilities and support ongoing efforts to strengthen Nigeria’s educational system.
Focus on human capital development
During the presentation, the president emphasized the importance of investing in Nigeria’s human capital. “Human capital development, our people are our greatest resource. That is why we are breaking record investment in education, healthcare, our social services,” he remarked.
Tinubu also pointed to the N34 billion already disbursed through the Nigerian Education Loan Fund (NELFUND) to assist over 300,000 students.
The budget includes continued investments in healthcare and social services as part of the broader goal of enhancing the quality of life for Nigerians.
Strengthening the economy and national security
Tinubu highlighted that the 2025 budget is designed to build a robust economy while addressing critical sectors necessary for growth and security.
“This budget reflects the huge commitment to strengthening the foundation of a robust economy, while addressing the critical sectors essential for the growth and development we envision; and secure our nation,” he said.
The budget aims to tackle key challenges and foster long-term economic stability by prioritizing infrastructure and development in key sectors.
Healthcare and social services allocations
In addition to education, Tinubu focused on the allocation for healthcare and social services. The government plans to increase investments in healthcare infrastructure and services to ensure broader access to essential healthcare for Nigerians.
These investments are part of the administration’s strategy to improve overall living conditions and enhance public health across the country.
President Tinubu’s proposed 2025 budget is said to reflect the administration’s commitment to achieving its development objectives, with a focus on economic growth, human capital development, and infrastructure improvement.
As the National Assembly reviews the budget, the president reiterated his administration’s resolve to address the nation’s most pressing needs.
Source: Nairametrics
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