Akwa Ibom State Governor, Godswill Akpabio, yesterday described late Mrs. Maryam Babangida as "a breath of fresh air while alive, but whose death was a great loss to the nation."
While consoling former military President Ibrahim Babangida in his Minna residence, yesterday, Akpabio said Maryam was a woman of great insight, whose emergence at the national scene broke barriers for Nigerian women.
Akpabio, in company of Secretary to the State Government, Mr Umana Okon Umana, and the state chairman of Peoples Democratic Party (PDP), Prince Uwem Ita Etuk, expressed regrets that she died at an age when her strength and encouragement was most needed by her family and the entire nation.
He told reporters that he personally led a delegation to console the Babangidas, because the former First Lady did well in supporting her widower to create Akwa Ibom State in 1987, thereby liberating a people who for years clamoured for a state.
A condolence message by people and government of Akwa Ibom State read, "I want to offer the sincere condolences of government and people of Akwa Ibom State to you on the demise of your dear wife, Hajiya Maryam Babangida. We were deeply saddened by the news of her death and we know it must be very difficult for you and your family.
"Hajiya Maryam Babangida was like a breath of fresh air in our national life. She was a woman of great insight and personality, and her death is a great loss to our country. Her contributions to the welfare of womanhood in our country, particularly in her office as First Lady, set a standard for other First Ladies and broke barriers for Nigerian women."
Thursday, December 31, 2009
Kutigi makes history, swears in Katsina-Alu
HISTORIC. Really historic. That is the way to describe the swearing in of Justice Iyorgher Aloysius Katsina-Alu as the new Chief Justice of Nigeria (CJN) by the outgoing Chief Justice Idris Legbo Kutigi.
Reason: For the first time in the country's history, two Chief Justices occupied that office, albeit for 12 hours. Kutigi retires today upon the attainment of the statutory 70 years of age, while the in-coming is billed to retire on August 20, 2011.
Speaking during the inauguration, which witnessed the absence of seven out of the 15 justices of the apex court, Justice Kutigi declared that although he had sworn in Katsina-Alu as the new Chief Justice, he was still in charge until the next day when he clocks 70 years.
"By 12 midnight today, I will be clocking the statutory retirement age of 70 and that means I will be retiring then. But for the interest of mischief makers who may go about writing that we have two Chief Justices of Nigeria, let me make it clear that for now, I am still in charge", he stated, throwing himself and all present on the occasion into uncontrollable laughter.
He observed that whereas people had been criticising his plan to swear in Katsina-Alu as the new Chief Justice, the second schedule of the Oath Act, Laws of the Federation and the Constitution of the Federal Republic of Nigeria, 1999 conferred the powers on the country's President and himself as the Chief Justice to swear in judicial officers, including the in-coming Chief Justice.
However, he admitted that it was the first time the out-going Chief Justice was inaugurating his successor. But there was nothing wrong with that, he added.
"I knew this has generated a lot of reactions even among those who should know better in the paper. The Constitution and Oath Act of Nigeria provided for this just because it has not taken place all along. There is nothing new about it, the law is there.
"The President has always been there to do the inauguration, but this time he is not there. So I, as the Chief Justice, have performed that duty. The judicial Oath of office and the Constitution of the Federal Republic of Nigeria, 1999 confer the power to swear in any judicial officer on the President and the Chief Justice. So there is nothing wrong with that", he declared.
"Let me casually say that I will be 70 years by midnight today. The constitution makes it mandatory for me to bow out tomorrow. Make no mistake about it, I am still in charge. I say this because someone can say there are two CJs in Nigeria today," he stated.
Kutigi also swore-in Justice Isa Ayo Salami as the President of the Court of Appeal.
While Katsina-Alu is the 11th indigenous Chief Justice, Salami becomes the fifth President of the Court of Appeal.
Also speaking inside the apex court complex after the ceremony, the Attorney General of the Federation and Minister of Justice, Michael Kaase Aondoakaa, told journalists that the signing of the 2010 budget by President Umaru Musa Yar'Adua in Saudi Arabia was constitutional.
He likened Yar'Adua's situation to what is happening in United States (U.S.) wherein President Barack Obama went on vacation to Hawai, which is about 13 hours from the Oval House, while Saudi Arabia, where Yar'Adua is on medicare is only six hours away from Nigeria. According to him, Obama ordered a review of air security in the U.S. while in far away Hawai.
He said there was nothing wrong for the president to sign the 2010 budget from Saudi Arabia and that when somebody takes time off to treat himself, it should not be a problem.
Meanwhile, several other legal practitioners in the country have shared the concerns of prominent legal practitioner, Chief Adegboyega Solomon Awomolo, on the propriety of the swearing-in of both justices. Awomolo had, earlier this week, cautioned against the ceremony.
Although, the three senior lawyers who spoke pleaded anonymity, they said they were persuaded by the position of Awomolo, which was reported on Wednesday in The Guardian.
He had cautioned against the inauguration on the contention that the appointment processes of Katsina-Alu as the new Chief Justice of Nigeria and Justice Isa Ayo Salami as President of the Court of Appeal were inconclusive.
He pointed out that after the Senate confirmed Katsina-Alu and Salami for their various offices, the statute required Yar'Adua to appoint them with another letter.
"When the Senate confirmed the justices for their new appointments, President Yar'Adua was out of the country and has not returned to the country to endorse their confirmation by the Senate", Awomolo stated.
"Unless the President has issued a letter, which they must show since he has not been on his table, we must be careful about a swearing-in ceremony."
He noted that "the judiciary has been the only arm of government that has remained untainted and without blemish and we must be careful not to allow the Executive hoodwink us into a legal crisis because of their own shortcomings".
He warned that "if there is no letter after Senate confirmation, then legal action may be initiated by any person that could end in the Supreme Court and be decided by the same man whose appointment is being challenged."
Asked what the way out of the quagmire would be, he advised an adherence to the constitution.
"Let the constitution be followed; if the President is incapacitated, he should transfer power to the Vice President by writing to the National Assembly. Once that is done, then the Vice President acting as President can swear them in", he stated.
But the immediate past General Secretary of the Nigerian Bar Association (NBA), Rafiu Lawal Rabana (SAN) has said that the out-going Chief Justice has the constitutional power to swear in the in-coming one.
Rabana said in Ilorin in an interview with The Guardian that Section 10 (2) of the Oath's Act conferred the right on the out-going Chief Justice of the Federation to swear in his successor in office.
The legal icon said the relevant section of the law especially Second Schedule of the Oath's Act cited by him listed the categories of those who could administer the oath, adding that the outgoing Chief Justice was among them.
For him, Section 185 (2) of the 1999 Constitution was more explicit on the swearing-in of the nation's president, noting that in the case of the Chief Justice of the Federation, the constitution was not specific, hence the need to resort to the Oath's Act.
He congratulated the newly sworn-in Chief Justice and the new President of the Court of Appeal on the occasion of their new offices, adding that Aondoakaa has laid a good precedent on the legal issue.
In the same vein, another legal icon based in Ilorin John Olusola Bayeshea (SAN) while reacting to the legal confusion the swearing-in of the new Chief Justice and President of the Court of Appeal could create, said it was better off than creating a vacuum.
Reason: For the first time in the country's history, two Chief Justices occupied that office, albeit for 12 hours. Kutigi retires today upon the attainment of the statutory 70 years of age, while the in-coming is billed to retire on August 20, 2011.
Speaking during the inauguration, which witnessed the absence of seven out of the 15 justices of the apex court, Justice Kutigi declared that although he had sworn in Katsina-Alu as the new Chief Justice, he was still in charge until the next day when he clocks 70 years.
"By 12 midnight today, I will be clocking the statutory retirement age of 70 and that means I will be retiring then. But for the interest of mischief makers who may go about writing that we have two Chief Justices of Nigeria, let me make it clear that for now, I am still in charge", he stated, throwing himself and all present on the occasion into uncontrollable laughter.
He observed that whereas people had been criticising his plan to swear in Katsina-Alu as the new Chief Justice, the second schedule of the Oath Act, Laws of the Federation and the Constitution of the Federal Republic of Nigeria, 1999 conferred the powers on the country's President and himself as the Chief Justice to swear in judicial officers, including the in-coming Chief Justice.
However, he admitted that it was the first time the out-going Chief Justice was inaugurating his successor. But there was nothing wrong with that, he added.
"I knew this has generated a lot of reactions even among those who should know better in the paper. The Constitution and Oath Act of Nigeria provided for this just because it has not taken place all along. There is nothing new about it, the law is there.
"The President has always been there to do the inauguration, but this time he is not there. So I, as the Chief Justice, have performed that duty. The judicial Oath of office and the Constitution of the Federal Republic of Nigeria, 1999 confer the power to swear in any judicial officer on the President and the Chief Justice. So there is nothing wrong with that", he declared.
"Let me casually say that I will be 70 years by midnight today. The constitution makes it mandatory for me to bow out tomorrow. Make no mistake about it, I am still in charge. I say this because someone can say there are two CJs in Nigeria today," he stated.
Kutigi also swore-in Justice Isa Ayo Salami as the President of the Court of Appeal.
While Katsina-Alu is the 11th indigenous Chief Justice, Salami becomes the fifth President of the Court of Appeal.
Also speaking inside the apex court complex after the ceremony, the Attorney General of the Federation and Minister of Justice, Michael Kaase Aondoakaa, told journalists that the signing of the 2010 budget by President Umaru Musa Yar'Adua in Saudi Arabia was constitutional.
He likened Yar'Adua's situation to what is happening in United States (U.S.) wherein President Barack Obama went on vacation to Hawai, which is about 13 hours from the Oval House, while Saudi Arabia, where Yar'Adua is on medicare is only six hours away from Nigeria. According to him, Obama ordered a review of air security in the U.S. while in far away Hawai.
He said there was nothing wrong for the president to sign the 2010 budget from Saudi Arabia and that when somebody takes time off to treat himself, it should not be a problem.
Meanwhile, several other legal practitioners in the country have shared the concerns of prominent legal practitioner, Chief Adegboyega Solomon Awomolo, on the propriety of the swearing-in of both justices. Awomolo had, earlier this week, cautioned against the ceremony.
Although, the three senior lawyers who spoke pleaded anonymity, they said they were persuaded by the position of Awomolo, which was reported on Wednesday in The Guardian.
He had cautioned against the inauguration on the contention that the appointment processes of Katsina-Alu as the new Chief Justice of Nigeria and Justice Isa Ayo Salami as President of the Court of Appeal were inconclusive.
He pointed out that after the Senate confirmed Katsina-Alu and Salami for their various offices, the statute required Yar'Adua to appoint them with another letter.
"When the Senate confirmed the justices for their new appointments, President Yar'Adua was out of the country and has not returned to the country to endorse their confirmation by the Senate", Awomolo stated.
"Unless the President has issued a letter, which they must show since he has not been on his table, we must be careful about a swearing-in ceremony."
He noted that "the judiciary has been the only arm of government that has remained untainted and without blemish and we must be careful not to allow the Executive hoodwink us into a legal crisis because of their own shortcomings".
He warned that "if there is no letter after Senate confirmation, then legal action may be initiated by any person that could end in the Supreme Court and be decided by the same man whose appointment is being challenged."
Asked what the way out of the quagmire would be, he advised an adherence to the constitution.
"Let the constitution be followed; if the President is incapacitated, he should transfer power to the Vice President by writing to the National Assembly. Once that is done, then the Vice President acting as President can swear them in", he stated.
But the immediate past General Secretary of the Nigerian Bar Association (NBA), Rafiu Lawal Rabana (SAN) has said that the out-going Chief Justice has the constitutional power to swear in the in-coming one.
Rabana said in Ilorin in an interview with The Guardian that Section 10 (2) of the Oath's Act conferred the right on the out-going Chief Justice of the Federation to swear in his successor in office.
The legal icon said the relevant section of the law especially Second Schedule of the Oath's Act cited by him listed the categories of those who could administer the oath, adding that the outgoing Chief Justice was among them.
For him, Section 185 (2) of the 1999 Constitution was more explicit on the swearing-in of the nation's president, noting that in the case of the Chief Justice of the Federation, the constitution was not specific, hence the need to resort to the Oath's Act.
He congratulated the newly sworn-in Chief Justice and the new President of the Court of Appeal on the occasion of their new offices, adding that Aondoakaa has laid a good precedent on the legal issue.
In the same vein, another legal icon based in Ilorin John Olusola Bayeshea (SAN) while reacting to the legal confusion the swearing-in of the new Chief Justice and President of the Court of Appeal could create, said it was better off than creating a vacuum.
Why Yar'Adua must hand over now, by Kwara Speaker
PRESIDENT Umaru Musa Yar'Adua would best demonstrate his respect for the rule of law if he hands over power to his Deputy, Goodluck Jonathan, Speaker, Kwara State House of Assembly, Tunde Muhammed, has said.
In a chat with reporters yesterday in Ilorin, Mohammed said by so doing, the President would also show his respect for the constitution and save the nation from the current impasse.
According to him, the constitution of Nigeria has a better provision for what to do at a moment like this Reference to S 124 of the 1999 Constitution is explicit on it.
His words: "As a democrat and a lawmaker, I stand by what the constitution says. After all, the President himself has been a proponent of the rule of law since his assumption of office.
"However, we need to pray more for his recovery. He has done well for us as a nation, especially with the way he amicably resolved the Niger Delta issue and the sanity he has brought into our judiciary system, among others."
The Speaker of the 23-member House, which has only Peoples Democratic Party (PDP) lawmakers, said the absence of opposition legislators in the Assembly would not affect its duties to the electorates.
He disclosed that in the outgoing legislative year, the Assembly passed 13 bills into law, while four other bills before it had passed the second reading stage.
Mohammed, who represents Omupi Constituency, thanked residents of the state for their confidence in the reconciliatory role of the House, especially "some lawyers who usually direct their clients to us. It saves time and does not cost them any money."
He debunked insinuations that the House had become a rubber stamp to the Executive, arguing that effective legislation should not be assessed by disputes among the arms of government in a modern democracy.
In a chat with reporters yesterday in Ilorin, Mohammed said by so doing, the President would also show his respect for the constitution and save the nation from the current impasse.
According to him, the constitution of Nigeria has a better provision for what to do at a moment like this Reference to S 124 of the 1999 Constitution is explicit on it.
His words: "As a democrat and a lawmaker, I stand by what the constitution says. After all, the President himself has been a proponent of the rule of law since his assumption of office.
"However, we need to pray more for his recovery. He has done well for us as a nation, especially with the way he amicably resolved the Niger Delta issue and the sanity he has brought into our judiciary system, among others."
The Speaker of the 23-member House, which has only Peoples Democratic Party (PDP) lawmakers, said the absence of opposition legislators in the Assembly would not affect its duties to the electorates.
He disclosed that in the outgoing legislative year, the Assembly passed 13 bills into law, while four other bills before it had passed the second reading stage.
Mohammed, who represents Omupi Constituency, thanked residents of the state for their confidence in the reconciliatory role of the House, especially "some lawyers who usually direct their clients to us. It saves time and does not cost them any money."
He debunked insinuations that the House had become a rubber stamp to the Executive, arguing that effective legislation should not be assessed by disputes among the arms of government in a modern democracy.
Lawyer sues FG for deploying military in Okrika, P'Harcourt
A SUIT against the Federal Government and service chiefs, challenging the continual deployment of the Joint Task Force in Okrika and Port Harcourt was yesterday filed at a Federal High Court, Port Harcourt, Rivers State.
The suit, which has the Attorney General of the Federation, the Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff and the Chief of Air Staff as respondents, was brought in pursuant to Section 46 of the constitution and Section 1 of the African Charter on Human and Peoples Rights.
The plaintiff, a legal practitioner of Okrika extraction, Mr. Idaye Chris Opi, is seeking a declaration that the respondents, either by themselves or their representatives, cannot forcefully occupy Okrika or the city of Port Harcourt except in accordance with due process.
Opi, in his 14 paragraph affidavit in support of the application, stated that sometimes in 2005, the respondents unlawfully drafted military personnel to Rivers State and other parts of the Niger Delta, especially in Okrika and Port Harcourt.
He pointed out that due to the presence of the military in the past four years in Okrika, he has suffered some loss in business and personally deprived of his right to freedom of movement, respect to the dignity of his person and freedom of association.
The plaintiff recalled that sometimes in 2006, he had to bury his father under very excruciating circumstances as he had to plead with the Joint Task Force several times before he finally got their approval to intern the remains of his late father.
"I am psychologically traumatised under the circumstances because I know Nigeria is not at war and by my training as a lawyer, I am aware this military occupation is not backed by any law under the 1999 Constitution or any other law reasonably justifiable in a democratic society," Opi said.
He stated that the Joint Task Force has imposed curfew, severally restricted movement of people, goods and services and at several occasions forced residents of Port Harcourt and Okrika to undergo one form of corporal punishment or the other.
He declared that the respondents' main interest for deploying the military in Okrika and other parts of the Niger Delta is for the purposes of exploration of crude oil and gas.
"I know that due to this desire to explore and prospect for oil, the respondents will stop at nothing to achieve their desire, even if the same leads to the ongoing illegal and unlawful military occupation of Okrika and the city of Port Harcourt," he said.
To this end, the plaintiff is seeking an order of mandatory and perpetual injunction directing the respondents to discontinue forthwith the deployment of the military in Okrika and Port Harcourt.
He also wants N50 million as damages against the respondents jointly, due to the occupation of Okrika and Port Harcourt.
The suit, which has the Attorney General of the Federation, the Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff and the Chief of Air Staff as respondents, was brought in pursuant to Section 46 of the constitution and Section 1 of the African Charter on Human and Peoples Rights.
The plaintiff, a legal practitioner of Okrika extraction, Mr. Idaye Chris Opi, is seeking a declaration that the respondents, either by themselves or their representatives, cannot forcefully occupy Okrika or the city of Port Harcourt except in accordance with due process.
Opi, in his 14 paragraph affidavit in support of the application, stated that sometimes in 2005, the respondents unlawfully drafted military personnel to Rivers State and other parts of the Niger Delta, especially in Okrika and Port Harcourt.
He pointed out that due to the presence of the military in the past four years in Okrika, he has suffered some loss in business and personally deprived of his right to freedom of movement, respect to the dignity of his person and freedom of association.
The plaintiff recalled that sometimes in 2006, he had to bury his father under very excruciating circumstances as he had to plead with the Joint Task Force several times before he finally got their approval to intern the remains of his late father.
"I am psychologically traumatised under the circumstances because I know Nigeria is not at war and by my training as a lawyer, I am aware this military occupation is not backed by any law under the 1999 Constitution or any other law reasonably justifiable in a democratic society," Opi said.
He stated that the Joint Task Force has imposed curfew, severally restricted movement of people, goods and services and at several occasions forced residents of Port Harcourt and Okrika to undergo one form of corporal punishment or the other.
He declared that the respondents' main interest for deploying the military in Okrika and other parts of the Niger Delta is for the purposes of exploration of crude oil and gas.
"I know that due to this desire to explore and prospect for oil, the respondents will stop at nothing to achieve their desire, even if the same leads to the ongoing illegal and unlawful military occupation of Okrika and the city of Port Harcourt," he said.
To this end, the plaintiff is seeking an order of mandatory and perpetual injunction directing the respondents to discontinue forthwith the deployment of the military in Okrika and Port Harcourt.
He also wants N50 million as damages against the respondents jointly, due to the occupation of Okrika and Port Harcourt.
Politicians are selfish, says cleric
POLITICAL office leaders care only about their personal interests and are therefore responsible for many of the nation's woes.
These were the views of Rev. Titus Oyeyemi, President of African Foundation for Peace and Love Initiatives (AFPLI), at a media briefing on Tuesday.
Oyeyemi said: " Those who are in leadership positions in the country have no interest in leading the nation out of darkness. Instead, they are bent on plunging the nation into the abyss.
"They think that if Nigeria fails, their ill-gotten wealth and riches will deliver them. By their actions, leaders in the 6th Republic do not deserve to be called Nigerians because they wallow in selfishness, greed, covetousness and corruption."
The cleric reminded politicians of the past they had enjoyed and charged them to provide the necessities of life to citizens.
"There were no incessant power failures, prolonged teachers' strikes and dilapidated classrooms during their days. Food was in abundance, roads were good, economic and statistical data were reliable and funds were available to pay scholarships. Now that it is their turn to provide leadership for the country, they begin to squander opportunities, mismanage resources. They have constituted themselves as hindrances for posterity."
Stating the goal of the organisation as being a mission to nurture nation builders, Oyeyemi said the task to chart a new direction for the country was one that needed to be done.
These were the views of Rev. Titus Oyeyemi, President of African Foundation for Peace and Love Initiatives (AFPLI), at a media briefing on Tuesday.
Oyeyemi said: " Those who are in leadership positions in the country have no interest in leading the nation out of darkness. Instead, they are bent on plunging the nation into the abyss.
"They think that if Nigeria fails, their ill-gotten wealth and riches will deliver them. By their actions, leaders in the 6th Republic do not deserve to be called Nigerians because they wallow in selfishness, greed, covetousness and corruption."
The cleric reminded politicians of the past they had enjoyed and charged them to provide the necessities of life to citizens.
"There were no incessant power failures, prolonged teachers' strikes and dilapidated classrooms during their days. Food was in abundance, roads were good, economic and statistical data were reliable and funds were available to pay scholarships. Now that it is their turn to provide leadership for the country, they begin to squander opportunities, mismanage resources. They have constituted themselves as hindrances for posterity."
Stating the goal of the organisation as being a mission to nurture nation builders, Oyeyemi said the task to chart a new direction for the country was one that needed to be done.
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