May 11, 2024
Press Statement
…Insists Defectors Have Constitutionally Lost Their Seats
The Peoples Democratic Party (PDP) lampoons the All Progressives Congress (APC) over its witless press statement wherein it laboured without success to subvert the Constitution on the vacation of seats by former members of the Rivers State House of Assembly who lost their membership of that Legislative House upon defection from the PDP.
The statement further exposes the hallucinating and manipulative plots by the APC to force itself into goverment in Rivers State against the WILL of the people; a futile venture which will remain a mirage for the APC.
It is indeed pathetic for the APC to think that the facts and true import of Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to the effect that the former lawmakers have since lost their seats can be muddled and lost in litigations and lengthy press statements.
Interestingly, in the failed bid to subvert the Constitution to give the former members of the Rivers State House of Assembly a lifeline, the APC ended up admitting the clarity of the proviso of Section 109(1)(g) of the 1999 Constitution (as amended) in voiding their seats upon their defection.
For the avoidance of doubt, Section 109 (1)(g) of the Constitution is clear in providing that “a member of a House of Assembly shall vacate his seat in the House if – being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before expiration of the period for which that House was elected:
“Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored.”
The former members of the Rivers State House of Assembly, for reasons best known to them, wittingly vacated and summarily lost their seats as nothing in the proviso protects or allows them to retain their membership of the Rivers State House of Assembly after decamping from the political party upon which they were elected.
These former members of the Rivers State House of Assembly have only themselves to blame for Constitutionally vacating their seats; a course which cannot be reversed or remedied. They should admit their miscalculation and bear the inescapable consequences.
This is especially so as the Supreme Court, in the case of Abegunde vs Ondo State House of Assembly and Others, has since clarified and affirmed the import of the proviso in Section 109(1)(g) in validating the automatic vacation of a seat by a member of a Legislative House who defected from the Party upon which he was elected into that House.
For the umpteenth time the PDP cautions the APC to steer clear of Rivers State; it should perish the thoughts of forcefully taking over the State and stop exasperating the public space by seeking to reverse the irreversible.
The APC should come to terms that with the vacation of seats by the former lawmakers, the quorum of the Rivers State House of Assembly will be determined by the number of the remaining lawmakers as provided by law; until a bye-election is conducted to fill the vacancies now existing in the Rivers State House of Assembly as a result of the defection by the former members.
Signed:
Hon. Debo Ologunagba
National Publicity Secretary
May 13, 2024
Press Statement
PDP Celebrates Gov. Adeleke on Birthday, Conferment of Asiwaju Title
…Says He Has Exceptional Capacity for Leadership
The Peoples Democratic Party (PDP) celebrates the Executive Governor of Osun State, our own dear, Senator Ademola Adeleke, the people’s governor and Asiwaju of Edeland as he marks his birthday today, describing him as a torchbearer with exceptional capacity for leadership.
The Party also congratulates Governor Adeleke on the conferment of the exalted and culturally symbolic title and office of Asiwaju of Edeland today.
Governor Adeleke is a pleasant, generous and accommodating personality; a visionary administrator and compassionate leader who continues to demonstrate that the essence of leadership is in ensuring the happiness and wellbeing of the people at all times.
Over the years, as a private businessman, Senator of the Federal Republic of Nigeria and now democratically elected Governor of Osun State, Governor Adeleke remains steadfast in applying his resources, intellect, skills and connection in serving the interest of the masses and propagating the unity, stability and development of Osun State and the Nation.
Our Party is proud of Governor Adeleke’s massive delivery of life-enhancing infrastructural, citizens empowerment and human capital projects in all critical sectors including power, healthcare, education, road construction, water resources, agriculture and food production among others in line with the manifesto and policy thrust of the PDP.
The PDP appreciates Governor Adeleke’s efforts alongside other leaders of our great Party in ensuring the growth and success of the PDP at the National, Zonal and State levels
The PDP rejoices with Governor Adeleke on his birthday and conferment as the Asiwaju of Edeland and prays to God to bless him with many more years of celebration and good health to the glory of His name.
Signed:
Hon. Debo Ologunagba
National Publicity Secretary
STATE HOUSE PRESS RELEASE
PRESIDENT TINUBU LAUNCHES EDUCATION CAMPAIGN, SAYS NO CHILD SHOULD BE EXCLUDED FROM LEARNING
President Bola Tinubu on Monday launched a campaign to promote inclusive education, skill development, and gender equity.
The campaign tagged, #WeAreEqual, is an initiative of the Organization of African First Ladies for Development (OAFLAD).
The campaign has been launched in 15 African countries in different iterations, focusing on health, education, economic empowerment, and gender-based violence.
The Nigerian component of the programme is tagged, ‘Education as a Powerful Tool for Change’, championed by the First Lady, Senator Oluremi Tinubu, CON.
Speaking at the launch of the campaign at the State House, President Tinubu saluted the commitment of African First Ladies, as members of OAFLAD, to advance gender equality and narrow the gender gap across the continent.
“This campaign holds significant importance for us in Africa. I, therefore, congratulate you all, particularly my dear wife, Senator Oluremi Tinubu, the First Lady of Nigeria, who has chosen education as a primary tool to champion this campaign nationwide.
“The focus of the launch of this campaign in Nigeria, ‘Education as a Powerful Tool for Change’ is critical for Africa’s development, if we are to attain gender equity and ensure equal opportunities for all.
“We must continue to create opportunities for all our children to access quality education without leaving anyone behind, particularly the girl child. We must engender a society where everyone has the same opportunities, regardless of who they are, because doing that leads to a stronger and more peaceful society for all,” the President said.
President Tinubu noted that the launch of the campaign in Nigeria coincides with the re-introduction of the Alternative High School for Girls advanced by the First Lady, adding that this initiative offers a second chance to young girls, who have dropped out of school, to continue their education and fulfill their dreams and aspirations.
“I am happy to note that the foundation stone of one of the schools was recently laid in Osun State, in western Nigeria, by the First Lady. More schools are underway across the country, supported by state governments, the federal government through the Universal Basic Education Commission (UBEC), and other development partners.
“As governor of Lagos State, before I became President of Nigeria from May 29, 2023, I witnessed first hand, how societal challenges, such as unwanted teenage pregnancy, domestic violence, human trafficking and drug addiction can obstruct the promising future of young girls.
“Indeed, the re-introduction of Alternative High School for Girls by the First Lady of Nigeria must have received inspiration from the successful implementation of a similar initiative in Lagos State during my tenure as governor,” the President said.
President Tinubu emphasized that education is the cornerstone of national development and that when girls are empowered to pursue their dreams, communities thrive, economies prosper, and nations succeed.
He said it is, therefore, incumbent on all stakeholders to continue to take bold and decisive actions to eliminate the structural inequalities that hold women back on the continent.
“We must be conscious of the fact that the empowerment of women and girls is essential to achieving each of the United Nations’ Sustainable Development Goals. We must work together to promote laws and policies that protect and promote women’s rights, invest in girls’ education and skills development, and create economic opportunities that are accessible to all.
“For us in Nigeria, the full operationalization of the Student’s Loan (Access to Higher Education) Act is key to achieving these goals as it will ensure that all young people have unhindered access to education.
“The Nigerian government, through the Federal Ministry of Industry, Trade and Investment, is also implementing a N50,000 non-repayable grant programme for one million Nigerians in Nano businesses and skilled trades, including women and youth,” President Tinubu said.
The President also said his administration will continue to work to end gender-based violence and increase learning opportunities for girls, in safe and conducive environments, adding: “These measures will enable more women succeed in different vocations and properly shape their future endeavours, from politics to engineering, science, technology, sports, and the creative economy.”
President Tinubu reaffirmed his commitment to ensuring that no Nigerian child is excluded from quality education that prepares women and girls to lead and bring positive change to communities.
“Let us carry forward this campaign, which promises to gift an educated girl-child the potential to bring the necessary change and transform African communities for the better.
“It is now my honour to launch the (#) We Are Equal Campaign in Nigeria. I wish you all a fruitful deliberation. I enjoin you to enjoy your stay in our beautiful country,” the President concluded.
Chief Ajuri Ngelale
Special Adviser to the President
(Media & Publicity)
May 13, 2024
STATE HOUSE PRESS RELEASE
PRESIDENT TINUBU DIRECTS MANDATORY PROCUREMENT OF CNG-POWERED VEHICLES
In line with his commitment to ensure energy security, drive utility, and cut high fuel costs, President Bola Tinubu has directed the mandatory procurement of compressed-natural-gas-powered vehicles by all government ministries, departments, and agencies.
The President’s directive is also in furtherance of Nigeria’s effort to transition to cleaner energy as CNG-enabled vehicles have been adjudged to produce lower emissions, even as they present a more affordable alternative for Nigerian energy consumers.
Addressing members of the Federal Executive Council (FEC) at the State House on Monday, President Tinubu affirmed that there is no turning back in the energy reforms initiated by his administration.
“This nation will not progress forward if we continue to dance on the same spot. We have the will to drive the implementation of CNG adoption across the country, and we must set the example as public officials in leading the way to that prosperous future that we are working to achieve for our people. It starts with us, and in seeing that we are serious, Nigerians will follow our lead,” the President stated.
The President further directed the rejection of all memos brought by members of FEC seeking the purchase of traditional petrol-dependent vehicles, tasking the affected members of the council to go back and diligently seek value-driven procurements of CNG-compliant vehicles.
The President remains committed to effectively harnessing the nation’s gas potential, alleviating the burden of high transportation costs on the masses while enhancing the standard of living of all Nigerians.
Chief Ajuri Ngelale
Special Adviser to the President
(Media & Publicity)
May 13, 2024
SERAP, BudgIT, 136 Nigerians want court to stop Tinubu govt from imposing cybersecurity levy on Nigerians
Socio-Economic Rights and Accountability Project (SERAP), BudgIT and 136 concerned Nigerians have filed a lawsuit against the Central Bank of Nigeria (CBN) “over its failure to withdraw the patently unlawful ‘Circular’ directing all banks and other financial institutions to deduct from customers’ account a ‘cybersecurity levy’.”
The CBN had last week directed banks to implement a levy of 0.5% (0.005) equivalent to a half percent of all electronic transactions, and to remit the levy to the ‘national cybersecurity fund.’ The CBN relied on the Cybercrime Act 2015 [as amended]. The directive is to be implemented by Monday, May 20, 2024.
In the suit number FHC/L/CS/822/2024 filed last Friday at the Federal High Court, Lagos, the Plaintiffs are asking the court to determine “whether the CBN Circular dated 6th May 2024, directing financial institutions to deduct from customers’ accounts a cybersecurity levy is unlawful and therefore ultra vires the CBN.”
The Plaintiffs are also asking the court to determine “whether the CBN Circular dated 6th May 2024, directing financial institutions to deduct from customers’ accounts a cybersecurity levy and section 44(2)(a) of the Cybercrimes Act are not in breach of sections 14(2), 44(1) and 162(1) of the Nigerian Constitution 1999 [as amended], and therefore unconstitutional, null, and void.”
The Plaintiffs are asking the court for “a declaration that the CBN Circular dated 6th May 2024 directing all banks and other financial institutions to deduct from customers’ accounts a cybersecurity levy is contrary to the provisions of the Cybercrimes Act and ultra vires the CBN, and therefore is illegal null and void.”
The Plaintiffs are seeking “an order of interim injunction restraining the CBN, its office, agents, privies, assigns, or any other persons acting on its instructions from enforcing the Circular dated 6th May 2024, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.”
The suit filed on behalf of the Plaintiffs by their lawyer Ebun-Olu Adegboruwa, SAN, read in part: “The CBN Circular is unlawful and an outright violation of the provisions of the Nigerian Constitution and the country’s international obligations.”
“Unless the reliefs sought are granted, the CBN will enforce its Circular directing banks to deduct from customers’ accounts a cybersecurity levy. Millions of Nigerians with active bank accounts would suffer irreparable damage from the unlawful deduction of cybersecurity levies from their accounts.”
“The provisions of the Cybercrimes Act on payment of cybersecurity levy strictly apply only to businesses listed in the Second Schedule to the Act. These provisions make no reference to bank customers, contrary to the CBN Circular to all banks and other financial institutions.”
“The Nigerian government has a legal responsibility to ensure the security and welfare of the people, as provided for under section 14(2)(b) of the Nigerian Constitution and human rights treaties to which Nigeria is a state party.”
“The CBN Circular is also a blatant violation of Nigerians’ human rights including the right to property guaranteed under section 44 of the Nigerian Constitution and article 14 of the African Charter on Human and Peoples’ Rights to which Nigeria is a state party.”
“We urge the Honourable to grant the reliefs sought in the public interest and the interest of justice as well as to prevent arbitrariness and ensure the rule of law in the country.”
“Any deduction of cybersecurity levy from Nigerians’ accounts would be contrary to the provisions of section 44(2)(a) of the Cybercrimes Act 2015 as amended by the Cybercrimes Prohibition, Prevention etc) (Amendment) Act 2024 and ultra vires the CBN, and therefore illegal, null and void.”
“Section 162 (1) of the Nigerian Constitution provides that all revenues collected by or on behalf of the Government of the Federation are mandatorily required to be paid into the Federation Account save the revenue excepted by the provisions of the section.”
“The National Cybersecurity Fund established by section 44(1) of the Cybercrimes Act 2015 [as amended] into which it is required to be paid the levy of 0.5% chargeable on all electronic transactions instead of the Federation Account is unconstitutional, null, and void.”
“The CBN Circular is a breach and misinterpretation of Sections 44(2)(a) and 58 of the Cybercrimes Act [as amended], in that it purports to incorporate customers of the bank (neither defined by the Act nor designated by the CBN as financial institutions) as those to pay the cybersecurity levy.”
“The Plaintiffs are customers of commercial banks in Nigeria with accounts domiciled with many commercial banks in Nigeria. The CBN is the statutory agency charged with the overall control and administration of the monetary and financial sector policies of the Federal Government.”
“The Plaintiffs are included in the statistics of Nigerians with active bank accounts as the Plaintiffs are owners of accounts in different Banks and other financial institutions.”
“As of 30 April 2024, commercial banks in Nigeria already charge exorbitant fees for electronic transactions, including Electronic Transfer Charges at N53.75 on any amount above N10,000, Stamp Duty of N50 on every transaction and Account Maintenance Charge deducted per month.”
The Plaintiffs are therefore asking the court for the following reliefs:
A DECLARATION that the Circular issued by the CBN and dated 6th May 2024 directing all banks and other financial institutions to deduct from customers’ accounts cybersecurity levy is manifestly misleading, extorting and a breach and misinterpretation of the provisions of Section 44, 58 and Second Schedule of the Cybercrimes (Prohibition, Prevention, ETC) (Amendment) Act 2024 and ultra vires the CBN, and therefore is illegal, null and void.
A DECLARATION that the the Circular issued by the CBN and dated 6th May 2024 directing all banks and other financial institutions to deduct from customers’ accounts cybersecurity levy and section 44(2)(a) of the Cybercrimes Act are inconsistent with, and a breach of the provisions of Section 14(2), 44 (1) 162 of the Nigerian Constitution 1999 [as amended] and therefore unconstitutional, null and void.
AN ORDER setting aside the the Circular issued by the CBN and dated 6th May 2024 directing all banks and other financial institutions to deduct from customers’ accounts cybersecurity levy, for being misleading, extorting and a breach of the provisions of Section 44, 58 and Second Schedule of the Cybercrimes (Prohibition, Prevention, ETC) (Amendment) Act 2024.
AN ORDER setting aside the Circular issued by the CBN and dated 6th May 2024 directing all banks and other financial institutions to deduct from customers’ accounts cybersecurity levy and section 44(2)(a) of the Cybercrimes Act, for being inconsistent with, and a breach of the provisions of Section 14(2), 44 (1) and 162 of the Nigerian Constitution 1999 [as amended] and therefore unconstitutional, null and void.
AN ORDER restraining the Central Bank of Nigeria, including its agents, assigns, privies and or representatives or such other persons acting on its behalf, from enforcing the the Circular issued by the CBN and dated 6th May 2024 against all banks and other financial institutions and their customers.
ANY ORDER(S) that the Honorable Court may deem fit to make in the circumstance of this suit.
No date has been fixed for the hearing of the suit.
Kolawole Oluwadare
SERAP Deputy Director
12/05/2024
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202
PRESS RELEASE
‘TIGHTEN YOUR GRIP ON NATION’S ENEMIES’ — SANWO-OLU RAISES SPIRITS OF THE ARMED FORCES
- Lagos Governor hosts Chief of Defence Staff Musa in courtesy visit
- CDS: ‘Our recent successes, indication of President’s leadership’
Lagos State Governor Babajide Sanwo-Olu has called on members of the armed forces to keep their focus on the restoration of peace and stability across troubled areas of the country.
The Governor said the economic recovery efforts of President Bola Ahmed Tinubu rested on the premise of law and order, noting that the seed of the President’s economic vision would germinate quicker if the military tightened its grip over those attempting to undermine the nation’s security.
Sanwo-Olu spoke while receiving the Chief of Defence Staff (CDS), Gen. Christopher Musa, in a courtesy call on Monday at the State House in Marina, Lagos.
The service chief was accompanied by top Defence officers, including the General Officer Commanding (GOC) 81 Division of the Army, Major-Gen. Mohammed Usman, Flag Officer Commanding of Western Naval Command, Rear Admiral Mustapha Hassan, and Air Officer Commanding Logistics Command, AVM A.Y. Abdullahi, among others.
The Lagos helmsman said the nation, in the last 12 months, had witnessed a sharp decline in criminal attacks in areas burdened by instability, including the Southeast and North Central, hailed the servicemen for upholding their duty to protect the law-abiding citizens living in the crisis-ridden regions.
Sanwo-Olu, however, urged the military to brace up and reinforce its strength to restore stability in areas still burdened by banditry, noting that there were still pockets of violence being recorded in the Northeast.
He said: “The vision of the President to advance economic development and prosperity can only be achieved in an atmosphere of stability and peace. We have observed how you have provided level-headed leadership to the Defence personnel, while working collaboratively with your fellow service chiefs. This is specially commendable, as the nation is now seeing the results of the collaboration among our defence forces.
“In the last 12 months, we have seen a consistent decline in what we used to see as regular criminal attacks in some parts of the country. In the Southeast, we have seen the military successes, as violence has gone down significantly. We have witnessed similar successes in the North Central but we still have pockets of violence in the Northeast, which I believe is within control. The military needs to tighten up and keep focus on restoring order to quickly accelerate progress in line with the President’s vision.”
Sanwo-Olu passed a vote of confidence on the service chiefs, noting that the State Government had maintained a good working relationship with the military formation in Lagos.
He said members of the armed forces serving in Lagos usually displayed high level of professionalism whenever they were required to assist the police in combat operations against criminals. The synergy, the Governor said, had improved safety in Lagos, making the State peaceful for investment to thrive.
Sanwo-Olu re-emphasised the need for the Defence Headquarters to support its officers towards maintaining good mental health, not only during their period of service, but also in retirement. He urged the Defence chief to bequeath a legacy centred around building strong welfare for officers.
He said: “Governance is a tool for development that is centred on people’s interest. This vision should sit firmly with your agenda for the military. I’ll implore you to pursue your vision for the Defence and build a legacy that would create armed forces which would be people-centric.
“While pursing the welfare of your officers, you must also build confidence among the citizens by addressing the basic issues that our people want. These include security of lives and property, which is the paramount reason why the Government is in place.”
Gen. Musa said the courtesy visit was to convey the appreciation of members of the armed forces for the financial and hardware support the Governor had provided to enable military formations carry out their statutory duties in Lagos.
The service chief said the level of support and cooperation from the State Government had continued to strengthen the morale of soldiers, while raising the confidence of the Defence formations in Lagos to respond quickly to threats.
The CDS pledged the military’s loyalty to the constitution and to the President, while also promising to protect human rights of the citizens.
Gen. Musa said President Tinubu’s leadership in fostering good working relationships among Defence units led to the successful military operations in troubled regions, saying: “the collaboration among the military forces wouldn’t have yielded much without the President’s strong leadership.”
SIGNED
GBOYEGA AKOSILE
SPECIAL ADVISER – MEDIA AND PUBLICITY
13 MAY 2024