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Strictly Personal

Why Akpabio must respect the established procedure, By Taiwo Adisa

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Having closely followed the activities of the Nigerian parliament in the last two decades, the processes and procedures of that institution shouldn’t be strange to one anymore. After all, the Yoruba would say a body that has spent three years under the ground is no longer a visitor to the grave.

But I must confess, the ways of Nigeria’s 10th Assembly are not only becoming strange but have become so uncommon that its uncommonness may eventually stifle the neck of legislative sanity.

Yes, the legislature has some latitudes in the running of its affairs as guaranteed by the 1999 Constitution, but nothing in the laws grants the lawmakers the freedom to be unlawful or attempt to breach procedures in the exercise of their legislative freedom. That is why at every sitting, the Leader must move motions for an extension of time as stipulated in the Rule Book, even where it had become obvious to all the lawmakers that the assignment at hand needed such extension.  Nothing should be taken for granted.

Section 60 of the 1999 Constitution states that: “Subject to the provisions of this Constitution, the Senate or the House of Representatives shall have power to regulate its procedure, including the procedure for summoning  and recess of the House.” That provision notwithstanding, the impression should not be created that lawmakers have unlimited freedom in the running of their affairs. Several other provisions of the 1999 Constitution regulate the activities of the two chambers of the parliament, including the quorum and voting procedures.

That is why I found the appearance of the President of the Senate, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas a bit strange on Tuesday, January 2, when they joined President Bola Tinubu at the signing of the 2024 budget to law.

It is not an aberration for the duo and the leadership of the National Assembly to join the President in signing the budget. In fact, during the times of “war” between the executive and the legislature, such occasions were used to douse the raging fire. What is wrong is the President of the Senate clutching what looked like the budget document and handing the same to President Tinubu for his assent.

So for me, what should be a big issue in executive/legislative cordiality in this era was marred by Akpabio’s handling of the budget document to the President.

While it may look very innocuous if not unrecognisable in the lawmaking process, procedures are meant to be followed to the letter. The process of transmission of the budget to the Presidency does not recognise the President of the Senate or the Speaker. Their signatures are not needed for a bill to become law. In that mold, the law recognises the Clerk to the National Assembly(CNA), who heads the legislative bureaucracy. That is the man whose signature and that of the President authenticates any bill and makes the same law of the Federation of Nigeria. The Acts Authentication Act also appreciates that office accordingly.

So, while Tuesday, January 2, 2024, should have been a landmark in the annals of the executive/legislature relationship, especially as the President was assenting to the budget on the second day of the year, the apparent breach of the simple procedure of bills transmission tend to blight the goodness of the day.

Former Senate President Ken Nnamani will always remind his colleagues, that the lawmaking process is all about the procedure. While the 1999 Constitution gives the lawmakers the pencil and the eraser to make and unmake laws, the Judiciary can nullify such laws for failing the test of procedure. That is how important the process is.

According to the established practice, the budget must be harmonized when passed by the Senate and the House of Representatives. Even when the Appropriation Committees of the two chambers jointly worked on the document, making harmonisation appear secondary, the Legal Department of the National Assembly still needs to go through it to ensure the document is the same. After that, the document is passed to the CNA, who is empowered by the Acts Authentication Act to endorse the same and transmit it to the President. The channel of transmission is via the presidential Adviser to the National Assembly.

Once the bill lands in the Presidency, the President’s team is to ensure all is well before advising him on the need to assent.

The above is just one of the few indications of aberrative circumstances we have noticed in the 10th National Assembly since it came into being in June 2023. Some of the developments, which are indicative of lowering standards are however peculiar to Akpabio’s Senate.

In recent times, sittings of the Senate, which according to the Rule Book should start at 10 am don’t get to start until close to noon. Committee meetings which ordinarily follow the sittings are mostly hampered because the plenary would have dragged into late evenings.

Recent screening of presidential nominees is another issue.  Nominees for the post of Resident Electoral Commissioners (RECs) of the Independent National Electoral Commission (INEC) were brought to the chamber. That’s an assignment for the standing committee. Only the INEC Chairman should be so treated. We also saw the nominee for the post of Secretary to the board of the Economic and Financial Crimes Commission on the floor. that’s another candidate for the standing committee. The same happened during the screening of the Governor of the Central Bank of Nigeria and the Deputy Governors. Only the CBN Governor should have appeared in the chamber.

In previous chambers, even when nominees were sent when the committees were yet to be constituted, the presiding officers would couple an ad hoc committee to do the job. It was also curious to see that the Service Chiefs were screened by a committee of the entire senate. Even though the sitting later devolved into a closed session, the committee in National Security and Intelligence could have handled the assignment.

Strictly Personal

African Union must ensure Sudan civilians are protected, By Joyce Banda

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The war in Sudan presents the world – and Africa – with a test. This far, we have scored miserably. The international community has failed the people of Sudan. Collectively, we have chosen to systematically ignore and sacrifice the Sudanese people’s suffering in preference of our interests.

For 18 months, the Rapid Support Forces (RSF) and the Sudanese Armed Forces (SAF) have fought a pitiless conflict that has killed thousands, displaced millions, and triggered the world’s largest hunger crisis.

Crimes against humanity and war crimes have been committed by both parties to the conflict. Sexual and gender-based violence are at epidemic levels. The RSF has perpetrated a wave of ethnically motivated violence in Darfur. Starvation has been used as a weapon of war: The SAF has carried out airstrikes that deliberately target civilians and civilian infrastructure.

The plight of children is of deep concern to me. They have been killed, maimed, and forced to serve as soldiers. More than 14 million have been displaced, the world’s largest displacement of children. Millions more haven’t gone to school since the fighting broke out. Girls are at the highest risk of child marriage and gender-based violence. We are looking at a child protection crisis of frightful proportions.

In many of my international engagements, the women of Sudan have raised their concerns about the world’s non-commitment to bring about peace in Sudan.

I write with a simple message. We cannot delay any longer. The suffering cannot be allowed to continue or to become a secondary concern to the frustrating search for a political solution between the belligerents. The international community must come together and adopt urgent measures to protect Sudanese civilians.

Last month, the UN’s Independent International Fact-Finding Mission for Sudan released a report that described a horrific range of crimes committed by the RSF and SAF. The report makes for chilling reading. The UN investigators concluded that the gravity of its findings required a concerted plan to safeguard the lives of Sudanese people in the line of fire.

“Given the failure of the warring parties to spare civilians, an independent and impartial force with a mandate to safeguard civilians must be deployed without delay,” said Mohamed Chande Othman, chair of the Fact-Finding Mission and former Chief Justice of Tanzania.

We must respond to this call with urgency.

A special responsibility resides with the African Union, in particular the AU Commission, which received a request on June 21 from the AU Peace and Security Council (PSC) “to investigate and make recommendations to the PSC on practical measures to be undertaken for the protection of civilians.”

So far, we have heard nothing.

The time is now for the AU to act boldly and swiftly, even in the absence of a ceasefire, to advance robust civilian protection measures.

A physical protective presence, even one with a limited mandate, must be proposed, in line with the recommendation of the UN Fact-Finding Mission. The AU should press the parties to the conflict, particularly the Sudanese government, to invite the protective mission to enter Sudan to do its work free from interference.

The AU can recommend that the protection mission adopt targeted strategies operations, demarcated safe zones, and humanitarian corridors – to protect civilians and ensure safe, unhindered, and adequate access to humanitarian aid.

The protection mission mandate can include data gathering, monitoring, and early warning systems. It can play a role in ending the telecom blackout that has been a troubling feature of the war. The mission can support community-led efforts for self-protection, working closely with Sudan’s inspiring mutual-aid network of Emergency Response Rooms. It can engage and support localised peace efforts, contributing to community-level ceasefire and peacebuilding work.

I do not pretend that establishing a protection mission in Sudan will be easy. But the scale of Sudan’s crisis, the intransigence of the warring parties, and the clear and consistent demands from Sudanese civilians and civil society demand that we take action.

Many will be dismissive. It is true that numerous bureaucratic, institutional, and political obstacles stand in our way. But we must not be deterred.

Will we stand by as Sudan suffers mass atrocities, disease, famine, rape, mass displacement, and societal disintegration? Will we watch as the crisis in Africa’s third largest country spills outside of its borders and sets back the entire region?

Africa and the world have been given a test. I pray that we pass it.

Dr Joyce Banda is a former president of the Republic of Malawi.

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Strictly Personal

Economic policies must be local, By Lekan Sote

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With 32.70 per cent headline inflation, 40.20 per cent food inflation, and bread inflation of 45 per cent, all caused by the removal of subsidies from petrol and electricity, and the government’s policy of allowing market forces to determine the value of the Naira, Nigerians are reeling under high cost of living.

 

The observation by Obi Alfred Achebe of Onitsha, that “The wellbeing of the people has declined more steeply in the last months,” leads to doubts about the “Renewed Hope” slogan of President Bola Tinubu’s government that is perceived as extravagant, whilst asking Nigerians to be patient and wait for its unfolding economic policies to mature.

 

It doesn’t look as if it will abate soon, Adebayo Adelabu, Minister of Power, who seems ready to hike electricity tariffs again, recently argued that the N225 per kilowatt hour of electricity that Discos charge Band A premium customers is lower than the N750 and N950 respective costs of running privately-owned petrol or diesel generators.

 

While noting that 129 million, or 56 per cent of Nigerians are trapped below poverty line, the World Bank revealed that real per capita Gross Domestic Product, which disregards the service industry component, is yet to recover from the pre-2016 economic depression under the government of Muhammadu Buhari.

 

This has led many to begin to doubt the government’s World Bank and International Monetary Fund-inspired neo-liberal economic policies that seem to have further impoverished poor Nigerians, practically eliminated the middle class, and is making the rich also cry.

 

Yet the World Bank, which is not letting up, recently pontificated that “previous domestic policy missteps (based mainly on its own advice) are compounding the shocks of rising inflation (that is) eroding the purchasing power of the people… and this policy is pushing many (citizens) into poverty.”

 

It zeroes in by asking Nigeria to stay the gruelling course, which Ibukun Omole thinks “is nothing more than a manifesto for exploitation… a blatant attempt to continue the cycle of exploitation… a tool of imperialism, promoting the same policies that have kept Nigeria under the thumb of… neocolonial agenda for decades.”

 

When Indermilt Gill, Senior Vice President of the World Bank, told the 30th Summit of Nigeria’s Economic Summit Group, in Abuja, Federal Capital Territory, that Nigerians may have to endure the harrowing economic conditions for another 10 to 15 years, attendees murmured but didn’t walk out on him because of Nigerian’s tradition of politeness to guests.

 

Governor Bala Muhammed of Bauchi State, who agrees with the World Bank that “purchasing power has dwindled,” also thinks that “these (World Bank-inspired) policies, usually handed down by arm-twisting compulsions, are not working.”

 

What seems to be trending now is the suggestion that because these neo-liberal policies do not seem to be helping the economy and the citizens of Nigeria, at least in the short term, it would be better to think up homegrown solutions to Nigeria’s economic problems.

 

Late Speaker of America’s House of Representatives, Tip O’Neill, is quoted to have quipped that, at the end of the day, “All politics is local.” He may have come to that conclusion after observing that it takes the locals in a community to know what is best for them.

 

This aphorism must apply to economics, a field of study that is derived from sociology, which is the study of the way of life of a people. Proof of this is in “The Wealth of Nations,” written by Adam Smith, who is regarded as the first scholar of economics.

 

In his Introduction to the Penguin Classics edition of “The Wealth of Nations,” Andrew Skinner observes: “Adam Smith was undoubtedly the remarkable product of a remarkable age and one whose writing clearly reflects the intellectual, social and economic conditions of the period.”

 

To drive the point home that Smith’s book was written for his people and his time, Skinner reiterated that “the general ‘philosophy,’ which it contained was so thoroughly in accord with the aspirations and circumstances of his age.”

 

In a Freudian slip of the Darwinist realities of the Industrial Revolution that birthed individualism, capitalism, and global trade, Smith averred that “How selfish soever man may be supposed, there are evidently some principle in his nature which interest him in the fortune of others, and render their happiness necessary to him, though he derives nothing from it, except the pleasures of seeing it.”

 

And, he let it slip that capitalism is for the advantage of Europe when he confessed that “Europe, by not leaving things at perfect liberty (the so-called Invisible Hand), occasions… inequities,” by “restraining the competition in some trades to a smaller number… increasing it in others beyond what it naturally would be… and… free circulation of labour (or expertise) and stocks (goods) both from employment to employment and from place to place!”

 

Policymakers, who think Bretton Woods institutions will advise policies to replicate the success of the Euro-American economy in Nigeria must be daydreaming. After advising elimination of subsidy, as global best practices that reflect market forces, they failed to suggest that Nigeria’s N70,000 monthly minimum wage, neither reflects the realities of the global marketplace, nor Section 16(2,d) of Nigeria’s Constitution, which suggests a “reasonable national minimum living wage… for all citizens.”

 

After Alex Sienart, World Bank’s lead economist in Nigeria, pointed out that the wage increase will directly affect the lives of only 4.1 per cent of Nigerians, he suggested that Nigeria needed more productive jobs to reduce poverty. But he neither explained “productive jobs,” nor suggested how to create them.

 

In admitting past wrong economic policies that the World Bank recommended for Nigeria, its former President, Jim Yong Kim, confessed, “I think the World Bank has to take responsibility for having emphasized hard infrastructure –roads, rails, energy– for a long time…

 

“There is still the bias that says we will invest in hard infrastructure, and then we grow rich, (and) we will have enough money to invest in health and education. (But) we are now saying that’s the wrong approach, that you’ve got to start investing in your people.”

 

Kim is a Korean-American physician, health expert, and anthropologist, whose Harvard University and Brown University Ivy League background shapes his decidedly “Pax American” worldview of America’s dominance of the world economy.

 

Despite his do-gooder posturing, his diagnoses and prescriptions still did not quite address the root cause of Nigeria’s economic woes, nor provide any solutions. They were mere diversions that stopped short of the way forward.

 

He should have advocated for the massive accumulation of capital and investments in the local production of manufacturing machinery, industrial spare parts, and raw materials—items that are currently imported, weakening Nigeria’s trade balance.

 

He should have pushed for the completion of Ajaokuta Steel Mill and helped to line up investors with managerial, technical, and financial competence to salvage Nigeria’s electricity sector, whose poor run has been described by Dr. Akinwumi Adesina, President of Africa Development Bank, as “killing Nigerian industries.”

 

He could have assembled consultants to accelerate the conversion of Nigeria’s commuter vehicles to Compressed Natural Gas and get banks of the metropolitan economies, that hold Nigeria’s foreign reserves in their vaults, to invest their low-interest funds into Nigeria’s agriculture— so that Nigeria will no longer import foodstuffs.

 

Nigerians need homegrown solutions to their economic woes.

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