Constitution amendment: NASS splits Minister of Justice from AGF – Newstrends
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Constitution amendment: NASS splits Minister of Justice from AGF

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Femi Gbajabiamila and Ahmed Lawan

The Joint Senate and House of Representatives Committee on Constitution Review has approved the separation of the office of the Minister of Justice from that of the Attorney-General of the Federation as part of the recommended amendments to the 1999 Constitution.

The matter and about 54 other proposed amendments are expected to be tabled before the legislative arm by the end of this month.

If it is passed by the two chambers and endorsed by at least two-thirds of 36 State Houses of Assembly, Nigeria will join the league of countries with a similar practice.

The Nation learnt on good authority in Abuja yesterday that the joint committee similarly proposed that independent candidates be allowed to contest elective posts.

Such candidates will not need to go through the rigour of consensus or direct/ indirect primaries.

For more representation in elective offices, special seat concessions were recommended for allocation to women at all levels.

Besides, the lawmakers resolved to effect a change in the constitution to outlaw parading of suspects by the police, Department of State Services (DSS), Economic and Financial Crimes Commission (EFCC), National Drug Law Enforcement Agency (NDLEA) and other agencies before arraigning them in court.

They were of the view that Nigeria should not subscribe to such an “act of torture” of its citizens.

It was learnt that some of the amendments were considered by the Joint Senate and House of Representatives Committee on Constitution Review on Friday.

A source, who was privy to the deliberation at the session, said: “The National Assembly Constitution Review Committee opted to separate the Office of the Minister of Justice from the Attorney-General of the Federation because the present structure is being politicised. We need to get our justice system right from the top.

“While the Minister of Justice deals with policy and administrative issues, the AGF as the Chief Law Officer of the Federation will oversee dispensation of justice without fear or favour.

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“We don’t have anyone in mind, but combining the two offices in Nigeria is becoming complex. We need a drastic reform in this respect.”

On independent candidacy, the source said: “This will enable the system to produce leaders on merit. The prevalent direct, indirect and consensus clauses promote mediocrity and imposition of candidates by state governors.

“Outside of party structure, a good candidate should be able to emerge and win elections.

“But the National Assembly is adding a proviso that at least 20 per cent of voters in a constituency or district must endorse the nomination of an independent candidate.”

The source said the constitutional provision for special allocation of seats for some elective offices is to” promote gender balance and Affirmative Action. ”

On the fate of criminal suspects or those with cases, the proposed amendment “seeks to outlaw parade of suspects before their arraignment in court. But once a suspect is put on trial, he can be paraded.

“This alteration is in line with international best practices. The law says a suspect is innocent until proven guilty.

“Look at some of those arrested and paraded for economic and financial crimes; they have been set free. They have however lost their reputation.

“This amendment will affect the police, EFCC, ICPC, NDLEA, NSCDC and other agencies. It will also guarantee citizens’ access to fair hearing.”

All the proposals have to be considered and approved by the two chambers of the National Assembly and the 36 state Houses of Assembly before the constitution can be amended.

A member of the House of Representatives Committee on Constitution Review said: “All these are proposals by the Joint Committee. The two chambers would have to ratify before we pass the amendments to the State Houses of Assembly.

“Going by Section 9(2 and 3) of the 1999 Constitution, the Joint Committee, the National Assembly cannot alter the 1999 Constitution without the backing of the State Houses of Assembly.

“So, we need to build consensus with the executive at the federal and state levels and the Conference of Speakers of the State Houses of Assembly.

Section 9(2) of the 1999 Constitution says: “An Act of the National Assembly for the alteration of this Constitution, not being an act to which Section 8 of this Constitution applies, shall not be passed by either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that House and approved by the resolution of the Houses of Assembly of not less than two-thirds of all the states.

Section 9(3) reads: “An Act of the National Assembly for the purposes of altering the provisions of this section, Section 8 or Chapter IV of this Constitution shall not be passed by either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that House and approved by the resolution of the Houses of Assembly of not less than two-thirds of all the states.”

Deputy Senate President Ovie Omo-Agege announced on Friday that the report of the National Assembly Joint Committee on Review of the 1999 Constitution would be presented to both chambers for consideration by the end of this month.

Omo-Agege, who doubles as co-chairman of the panel, spoke during the joint retreat of the Senate and House of Representatives Committees on Constitution review.

He said the recommendations for 55 amendments stemmed from hearings and memos submitted by the public.

The Nation

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Commotion as hackers infiltrate server, disrupt Osun teachers’ recruitment exercise

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Osun State Governor, Ademola Adeleke

Commotion as hackers infiltrate server, disrupt Osun teachers’ recruitment exercise

The ongoing teacher recruitment exercise in Osun State was disrupted on Wednesday when hackers apparently compromised the server hosting the Computer-Based Test (CBT).

The event trapped thousands of applicants at the state’s 13 scheduled examination centres.

The cyber-attack happened in the early hours of Wednesday and affected the server operated by Osun State University (Uniosun), which organised the recruiting test.

The breach led to system glitches and technical failures, frustrating applicants who had gathered at the centres to take the crucial examination.

One official, speaking on condition of anonymity, confirmed the gravity of the situation to our correspondent.

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“All the systems were down after hackers breached our server overnight. It was a terrible experience at all the centres. But we later resolved some centres, while the examination has been rescheduled for others,” said the official.

Ademola Adesoji, the Public Relations Officer of the university, attributed the incident to unknown criminals.

“The damage inflicted on the server required time to resolve, resulting in an undue delay in the start of exams and necessitating the rescheduling of tests at two out of thirteen centers.

“Over the last eight or so hours, it has been a tough battle in our efforts to ensure the success of Osun State government. Examinations have concluded at 11 out of the 13 locations today. However, the two problematic centres, Osogbo and Ikire, will be rescheduled based on the Ministry’s decision,” said Adesoji.

Commotion as hackers infiltrate server, disrupt Osun teachers’ recruitment exercise

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Drama as INEC disowns Anambra Labour Party convention

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Drama as INEC disowns Anambra Labour Party convention

The Independent National Electoral Commission (INEC) has rejected Wednesday’s Labour Party National Convention in Anambra State.

Rotimi Oyekanmi, Chief Press Secretary to the INEC Chairman, stated this in Abuja on Thursday.

Oyekanmi said INEC did not oversee the convention’s conduct.

The LP on Tuesday shifted the convention from Umuahia in Abia State to Nnewi, Anambra State.

But speaking on the change in venue, the LP National Legal Adviser, Kehinde Edun, told journalists that the party had duly informed INEC about the change in venue and date.

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“In fact, Umuahia was not even the first venue we chose. Benin City was the first choice before we changed to Umuahia and now Nnewi.

“So, we are at liberty to pick any venue of our choice. We only need to inform INEC about the change in venue and the time,” Edun said.

Section 82(1) of the Electoral Act, 2022 states that political parties shall give INEC at least 21 days notice of convention, congress, conference or meeting.

This includes the convention or meeting convened for the purpose of “merger” and electing members of its executive committees, other governing bodies or nominating candidates.

Drama as INEC disowns Anambra Labour Party convention

(NAN)

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Suspended Ningi demands reinstatement, threatens to drag Akpabio before NBA

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Senator Ahmed Ningi and Senate President Godswill Akpabio

Suspended Ningi demands reinstatement, threatens to drag Akpabio before NBA

Senator representing Bauchi Central, Ahmed Ningi, has spent a message to Senate President, Godswill Akpabio, requesting the removal of the current suspension imposed on him.

Ningi, who communicated with Akpabio through his legal representative, Femi Falana (SAN), said if his suspension was not revoked within the next week, he would take the matter to the Federal High Court.

On March 12, the Senate decided to suspend Ningi for a period of three months due to his statement alleging that the 2024 budget had been inflated by N3.7tn.

In the letter, Falana wrote: “On March 9, 2024, our client granted an interview to the BBC Hausa Service on the 2024 Appropriation Act.

“He expressed his views on the budget of the Federal Government in the exercise of his fundamental right to freedom of speech guaranteed by Section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 9 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004.

“Dissatisfied with the interview, you caused our client to be put on trial before the Senate on March 14, 2024 contrary to the provisions of the Legislative Houses (Powers and Privileges) Act, 2018.”

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Falana, in the letter, said the Senate President acted as the accuser, prosecutor and judge in the case, saying this was in utter violation of the provisions of Section 36 of the 1999 Constitution.”

Falana argued that apart from violating Ningi’s fundamental right to a fair hearing, the Senate also violated the right of the people of the Bauchi Central Senatorial District to representation in the Senate for three months.

“This is a breach of Section 111 of the Constitution and Article 13 of the African Charter on Human and Peoples Rights Act,” the SAN said.

“As you are no doubt aware, the Federal High Court had struck down the suspension of some members of the Senate and the House of Representatives who had accused the leadership of both houses of budget padding, corruption or abuse of office.

“Specifically, the court declared the suspension of the affected legislators illegal and unconstitutional.

“As a senior lawyer, you (Akpabio) ought to have drawn the attention of the members of the Senate to these decisions and several others where the high courts of some states and the Court of Appeal have held that no parliament in Nigeria has the power to suspend or expel a legislator and confiscate his salaries and allowances.

“In view of the foregoing, you will agree with us that the suspension of Senator Ningi and the denial of his entitlements are illegal and unconstitutional in every material particular.

“We are compelled to request you to ensure that the said suspension is lifted forthwith.

“However, if you fail to accede to our request within seven days upon receipt of this letter, we shall not hesitate to pray the Federal High Court for the reinstatement of our client.

“We shall equally report you to the Legal Practitioners Disciplinary Committee for treating the judgments of the Federal High Court and the Court of Appeal with disdain.”

Suspended Ningi demands reinstatement, threatens to drag Akpabio before NBA

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