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SERAP says travel ban on 50 high-profile Nigerians illegal, repressive
The Socio-Economic Rights and Accountability Project (SERAP) on Sunday declared that “the order banning 50 alleged high-profile corrupt Nigerians from travelling abroad without any legal basis and a judicial authorisation is clearly arbitrary, repressive and illegal, as it breaches constitutional rights and the country’s international obligations, which protect the rights to freedom of movement, to leave one’s country, to privacy, and to due process of law.”
“A travel ban by its nature is an interference with the right to leave one’s country. It is neither necessary nor proportionate to prevent dissipation of stolen assets or stop politically exposed persons (PEPs) from tampering with any such assets. The ban should be immediately lifted and the order rescinded,” SERAP further said.
Presidential spokesperson Garba Shehu had on Saturday announced the placement of 50 high-profile Nigerians on travel ban, citing the measure as part of the implementation of Presidential Executive Order Number 6. The unnamed individuals will be banned from travelling outside the country pending the determination of their corruption cases in order to ensure that all assets within a minimum value of N50 million or equivalent, are not dissipated or tampered with.
But SERAP in a statement today signed by its deputy director Timothy Adewale said: “Rather than performing its declared objective of preventing dissipation of stolen assets, the travel ban would seriously undermine the government’s expressed commitment to combat grand corruption and violate the country’s international human rights obligations. The travel ban will play right into the hands of high-profile corrupt officials by feeding into the narrative that the fight against corruption is targeted only at political opponents.”
The statement reads in part: “The travel ban and mass surveillance will distract the authorities from taking legitimate action to recover stolen assets, effectively punish high-ranking corrupt officials and portray the government as unwilling to embrace the rule of law in its fight against corruption, thereby making it difficult to obtain the necessary support and cooperation of countries keeping stolen assets.
“The travel ban will also strain the government’s relationships with partner countries, on whom it will inevitably rely for vital asset recovery cooperation, undermining the effort to bring them closer. By alienating these partners, the government could lose access to important information and mutual legal assistance necessary to effectively recover stolen assets and bring corrupt officials to justice.
“Judicial affirmation of the legality of the Executive Order 6 doesn’t grant the government arbitrary powers to impose travel ban on anyone without following due process of law. Rather than imposing a travel ban, the authorities should take advantage of the provisions of the UN Convention against Corruption to seek mutual legal assistance with countries where investigations and litigation are ongoing by requesting them to apply preventive measures regarding assets covered by the travel ban.
“The authorities should also widely publish the names of the 50 Nigerians suspected to be involved, and submit those names to the countries/embassies of countries where the stolen assets are stashed. The authorities should issue a risk alert on alleged corrupt assets that are likely to be dissipated or tampered with by the high-profile Nigerians, seeking the cooperation of countries keeping the assets, and reminding them of their international obligations to prevent these Nigerians from tampering with stolen assets that are subject of ongoing investigations and litigation.
“We are concerned with the threats grand corruption and money laundering posed to the effective enjoyment of human rights of Nigerians, and agree with the authorities that grand corruption and impunity of perpetrators must be vigorously combated. But we believe that the fight against corruption will only succeed if it is based on due process of law and respect for human rights.
“If the objective the government seeks to achieve is to ensure stolen assets are not dissipated or that politically exposed persons do not interfere with ongoing investigation and prosecution of corruption cases, the appropriate legal response is for the authorities to pursue orders of temporary forfeiture and mutual legal assistance, and not a travel ban that would achieve nothing but violate citizens’ human rights.
“Nigeria is a state party to the International Covenant on Civil and Political Rights, which in article 12 guarantees the right of everyone to leave any country, including their own. The government cannot impose restrictions on this right unless any such restrictions are provided by law, are necessary to protect public order, or the rights of others. The travel restrictions on the alleged 50 corrupt Nigerians clearly do not meet these conditions.
“All restrictions on the right to leave must be narrowly interpreted. In General Comment No. 27, the Human Rights Committee stated that any restrictions must not impair the essence of the right and that the relationship of the norm to the exception must not be reversed.
“The travel ban cannot achieve the objective of depriving the 50 Nigerians suspected of corruption of their ill-gotten gains. It is absolutely important that the government is guided by the provisions of Article 31 of the UN Convention against Corruption to which Nigeria is a state party, and which authorises states parties to take preliminary measures to seize, freeze or otherwise immobilise property for the purposes of confiscation/pending investigation and litigation.
“It is always important that the definition and interpretation of the law should be as certain as possible, and this is of particular importance in cases of corruption where citizens’ human rights may be at stake. We do not consider that such reasonable certainty can exist where the executive assumes patently judicial functions.
“The right to leave one’s country includes a positive duty on states such as Nigeria to issue documents – as well as a passive one – to refrain from placing obstacles in the way of an individual seeking to leave.”
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Badaru on Operational Tour of 82 Division, other Military Installations in Enugu and Imo States
The Honourable Minister of Defence H.E Mohammed Badaru Abubakar CON mni is currently in Enugu on operational tour of 82 Division of Nigerian Army and other military platforms in Enugu.
He was received on arrival by the General officer Commanding 82 Division of the Nigerian Army / Commander JTF SE of operation Udoka Major-General H.T Dada and other senior military officers.
The Minister is expected to meet with South East stakeholders on the way forward.
Details later…
Tinubu has granted full oversight responsibilities to Ministers of State over agencies under them amongst whom are Minister of State for Defence Dr. Bello Matawalle, Water Resources and Sanitation, Minister of State for Agriculture and others will henceforth enjoy full oversight responsibilities over such agencies.
President Bola Tinubu at FEC Meeting has approved that ministers of state be given full powers to supervise the agencies under them, the cable reported.
Until now, files pertaining to departments and agencies under their supervision were sent by their permanent secretaries to the senior ministers.
With the new dispensation, ministers of state can now grant all necessary administrative approvals on the governance process of these agencies and departments.
According to a source in the office of the head of service of the federation, “the president was not pleased with the prevailing governing framework in which ministers of states were just ministers in name”.
This, Tinubu reportedly said, led to the “underutilisation of the expertise and capabilities” of most ministers of state.
“The president believes ministers of state should have the right to make decisions and direct action within their areas of responsibility,” the official added.
According to the Cable report, the source said the idea, first mooted by Hadiza Bala Usman, special adviser to the President on policy coordination and head, central delivery coordination unit got an instant buy-in from the President.
With the new directive, the administration hopes “to unleash” the potential of all the ministers, the source added.
…It’s unprecedented to earn above minimum wage in Enugu- Labour
… We’ll commence implementation immediately- ALGON
Governor of Enugu State, Dr. Peter Mbah, has approved N80,000 minimum wage for the state’s work force, including local government workers, effective October 2024, noting a direct link between a motivated workforce and his administration’s vision of growing the state’s economy from $4.4bn to $30bn.
The new minimum wage covers all state employees, primary school teachers, and local government workers.
Organised labour has described the wage as unprecedented, as it was the first time that Enugu workers would be earning above the national minimum wage.
Mbah announced the new minimum wage on Thursday after a meeting with the Enugu State Minimum Wage Implementation Committee headed by the Head of Service, Kenneth Ugwu and labour leaders, including the state’s labour leaders.
Mbah said, “Few weeks ago, I inaugurated a committee with the responsibility to oversee the implementation of the New National Minimum Wage in Enugu State. Today, I’m happy to announce a new minimum wage for workers in Enugu State, reflecting our fidelity to their welfare, in regard of which we have been resolutely committed.
“We have approved the sum of N80,000 as the new minimum wage in Enugu State. This underscores our commitment to bequeathing lasting legacies of improved living conditions.
“Our commitment to improved workers’ welfare runs deep, and is rooted in the firm understanding of the inextricable link between an inspired workforce and the audacious economic targets we had set our sights on.
“We clearly understood that reducing poverty to the barest minimum and achieving an unprecedented economic growth target were contingent on the output of the workforce. Therefore, for us, the best way to acknowledge that labour creates wealth is by ensuring that the workforce, which creates the wealth that oils the wheel of government, is sufficiently motivated.
“We have similarly demonstrated our commitment to workers welfare through the consistent payment of the wage awards, a gesture we had pledged to sustain until a new wage structure took effect.”
Speaking, the Chairman of the Enugu State chapter of the Nigeria Labour Congress, NLC, Comrade Fabian Nwigbo, thanked governor Mbah for always prioritising the welfare of workers, describing the new minimum wage as “a great one for Enugu workers.”
“In the past, when minimum wage is announced, it takes up to one or two years for anything to happen; and when it did, we took anything they gave us as we saw it. But today, you have even given us something much higher than national minimum wage.
“But I am not totally surprised because when other governors were paying N12,000 wage award, you were paying us N25,000. When others paid for some months and stopped, you continued paying it until the new minium wage as you promised. So, we have enjoyed wage award for 11 months and today you announced the minimum wage which is the first of its kind since my 32 years in service,” said.
Speaking to Government House correspondents, the Chairman of the Enugu State chapter of the Trade Union Congress, TUC, Comrade Ben Asogwa, said, “We are so happy. The governor did not just announce ₦80,000 minium wage, but said that it cascades down to even local government workers. He said that he does not want disparity in salary implementation in Enugu State anymore because we all go to the same market.
“This is the first time in history we are seeing the implementation of minimum wage above the approved amount by the federal government. Actually, when we entered into the negotiation, we were afraid because we know quite well that we are not among the states that share in dividends of oil money. We know quite well that we are at the back when it comes to federal allocation, but His Excellency actually surprised us.
“One thing we have seen is that he understands the impact of motivation on productivity. The governor has set a pace and we know that any other person coming after him will have the challenge to meet up with the target set by His Excellency, Governor Peter Mbah.”
On his part, Chairman of the Association of Local Government Workers, ALGON, Enugu State, Hon. Okechukwu Edeh, pledged the commitment of council chairmen to implementing the new minimum wage.
“When you motivate workers, they become more productive. What I am promising on behalf of the Enugu ALGON family is that we are going to cascade the new minimum wage to the local government level. Implementation begins immediately,” he said.
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