News
Senate asks Supreme Court to reinstate Onnoghen, says Buhari can’t remove CJN
By: Oliseama Okwuchukwu
The Senate on Monday filed a suit before the Supreme Court praying for among others, an order reinstating Justice Walter Onnoghen as the Chief Justice of Nigeria.
The Senate action came after it cancelled its scheduled plenary earlier billed for Tuesday (today).
The Clerk of the Senate, Mr Nelson Ayewoh, who announced the cancellation in a statement signed by him, did not give reasons for the action.
He only explained that the federal lawmakers would resume on February 19.
But the Special Adviser (Media) to the Senate President, Mr. Yusuph Olaniyonu, in a statement explained that the cancellation was due to the last-minute decision by the Senate leadership to seek judicial interpretation to Onnoghen’s suspension by President Muhammadu Buhari on Friday.
In the suit marked SC.76/2019, the Senate asked the apex court to declare the suspension of Onnoghen without support of two-thirds majority of the Senate as a violation of section 292(1)(a)(i) of the constitution.
The suit also asked the apex court to issue an order restraining the two defendants in the suit – President Buhari and the Attorney-General of the Federation, Mr Abubakar Malami – from continuing or repeating the violation of the constitution and disregarding the power of the Senate in respect to the suspension of the CJN.
The three prayers sought by the Senate read, “A declaration that the suspension, by the President, of Hon. Justice Walter Samuel Nkanu Onnoghen from his office as Chief Justice of Nigeria on or about January 25, 2019, without an address calling for the removal, supported by two-thirds majority of the Senate is in violation of section 292(1)(a)(i) of the constitution and therefore null and void.
“An order rescinding or setting aside the suspension of Hon. Justice Walter Samuel Nkanu Onnoghen from his office as the Chief Justice of Nigeria and restoring him to the said office.
“An order restraining the defendants from continuing or repeating the violation of the Constitution of the Federal Republic of Nigeria and disregarding the powers of the Senate at the Federal Republic of Nigeria.”
Buhari had while announcing the suspension of Onnoghen hinged his decision on an ex parte order made by two of the three members of the Code of Conduct Tribunal where Onnoghen had been charged with six counts of non-declaration of assets.
The CCT order had directed the CJN to step aside from office pending the conclusion of his trial and ordered the President to swear in the next most senior Justice of the Supreme Court, Justice Tanko Muhammad, as the acting CJN.
But the Senate, through its counsel, Mr. Paul Erokoro (SAN), has, in its suit which was filed on Monday, faulted the President’s action.
It argued that the President could not on the directive of the CCT suspend the CJN without two-thirds majority of the Senate or appoint Muhammad as the acting CJN without Senate’s confirmation.
The plaintiff submitted two questions for determination.
One of the questions is if having regard to section 292 and Part 1 of the Third Schedule to the Nigerian Constitution and section 21 of the Code of Conduct Bureau and Tribunal Act, the President could not “suspend” or “prevent” the CJN from performing the functions of his office “on the directive of the Code of Conduct Tribunal or for any reason whatsoever, without an address supported by two-thirds majority of the Senate calling for the removal of the Chief Justice of Nigeria.”
The other question for determination read, “Having regard to section 231 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and in particular, sub-sections (1) and (4) thereof, can the President of the Federal Republic of Nigeria appoint an acting Chief Justice of Nigeria when there is no vacancy in that office and when the substantive Chief Justice of Nigeria is fit and able to perform the functions of the office and without the recommendation of the National Council and confirmation of such appointment by the Senate.”
A Legal Assistant in the Office of the Senate President, Mr. Sambo Idahi, in an affidavit filed in support of the suit, said he attended a meeting of the principal officers of the Senate held on January 25, 2019 when the issue of Onnoghen was extensively discussed.
He said the meeting discussed the CCT’s ex parte order which the President anchored his action on and the swearing-in of Justice Muhammad as the acting CJN.
According to Idahi, Saraki informed the meeting that he was not consulted on the matter and never received any request from the President or any other person or authority to debate the issue.
He added that Saraki said Buhari had never requested the Senate’s approval of Justice Muhammad as the acting CJN.
The affidavit read in part, “On Friday, the 25th day of January, 2019, at about 5.40 pm, I was present at a meeting in the Senate Building attended by Principal Officers of the Senate, where the suspension of the Chief Justice of Nigeria was extensively discussed.
“The discussions at the meeting centred on the public announcement made by the President of Nigeria, General Muhammadu Buhari, on the 25th day of January, 2019, in which he revealed that he had suspended the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen, and appointed Hon. Justice l. T. Muhammad as the Chief Justice of Nigeria in an acting capacity. The President’s address during the swearing-in of Hon. Justice Ibrahim Tanko Muhammad was also discussed at the meeting as well as the ex parte order made by the Code of Conduct Tribunal on which the President had acted.
“Hereto shown to me and marked Exhibit A is the said President Muhammadu Buhari’s address. The tribunal’s ex parte order is Exhibit B herein.
“I printed out Exhibits A and B from a HP desktop Computer and HP Laser Jet Pro 4ooMo1a in the office of the Senate President. We use the computer and printer aforesaid daily in the normal work of the Senate and throughout the period of their use, both have functioned accurately. Information has been regularly supplied to the computer in the ordinary cause of those activities information of the kind from which the exhibits were derived and the computer and printer have behaved properly and nothing has ever happened to make us question their reliability and accuracy.
“The President of the Senate informed the meeting that the Senate was not consulted on the matter and never received any request from the President or any other person or authority to debate the issue or present an address to the President for the removal or suspension of the Chief Justice of Nigeria.
“The Senate President and other persons at the meeting repeatedly stated that the Senate had never met to vote on the removal or suspension of the Chief Justice of Nigeria and that no address had been passed by the Senate and presented or sent to the President of Nigeria for the Chief Justice to be removed or suspended.
“The meeting also noted that the Senate was not requested to confirm and did not confirm the appointment of Hon Justice l. T. Mohammed as acting Chief Justice.”
…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.
News
Matawalle Brief President Tinubu on Security Situation in North-West
Minister commends Nigerian Military, reports SANDRA ANI
The Honourable Minister of State for Defence, H.E. Dr. Bello Muhammed Matawalle, MON, briefed President H.E. Bola Ahmed Tinubu GCFR on the outcome of his two operational tours to Sokoto State
Dr. Matawalle highlighted the significant successes recorded by the Nigerian Military in combating insecurity in the region, praising the dedication and professionalism of the Nigerian Military, particularly the Armed forces of Nigerian . “They will continue to play a critical role in safeguarding our nation,” he emphasized.
According to a statement signed by Henshaw Ogubike, director (Information and Public Relations), at the Ministry, the Minister eulogised President Tinubu for his Government’s commitment to providing necessary resources to maintain operational efficiency in countering security threats in the North-West. He also reaffirmed the government’s resolve to bolster NAF’s capacity as part of the strategic fight against insecurity in the region.
Dr. Matawalle’s operational visit to Sokoto State aimed to rekindle the people’s faith in the Federal Government’s efforts to restore peace and security in the North-West region. His presence, along with the Chief of Defence Staff and other military chiefs led to the elimination of many bandit leaders amongst whom is Halilu Buzu sububu. This demonstrates the government’s determination to flush out bandits and terrorists.
The Minister called on residents of Sokoto, Zamfara, Katsina, and Kebbi states to remain vigilant and cooperate with security forces to ensure the success of ongoing operations.
President Bola Ahmed Tinubu was very pleased with his briefing and commended the Minister and the troops in their renewed vigour to eradicate insecurity in the North West and the country.
…Says MOD has the infrastructure to make both systems work effectively
The Permanent Secretary, Ministry of Defence Dr. Ibrahim Abubakar Kana, has inaugurated the Project Steering Committee and Project Implementation Technical Team for the Performance Management System (PMS) and the Enterprise Content Management of the Ministry of Defence with a charge on the members of both Committees to make the Ministry shine.
Inaugurating the committee at the Ship house, Abuja, the Permanent Secretary said that the Ministry of Defence has the infrastructure and human resources that are experts to drive the process to success. “We have experts in the Ministry that can drive the process. We have Directors and Deputy- Directors from different departments who are experts and can help in cascading the processes down to other staff of the Ministry,” he said.
He therefore called on the Ministry’s Performance Management System (PMS) Champions to demonstrate unwavering commitment and excellence in driving service delivery and achieving set targets in line with the ministry’s mandate towards fulfilling the renewed hope agenda.
While he acknowledged that there might be initial hiccups, he charged the PMS Champions to be resilient in overcoming the initial challenges that may arise with the programme’s rollout and re-emphasized the need for a continuous training. “In MOD, training is not going to be an issue. We can afford to be organizing training on PMS and ECM every week.
Furthermore, Dr. Kana said that the PMS and ECM Champions are expected to lead the charge towards ensuring efficiency, productivity, and accountability across the Ministry, with the ultimate goal of achieving total compliance with government performance standards.
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