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Court restrains NASS from fixing members salaries,orders RMAFC to determine lawmakers remuneration

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Court restrains NASS from fixing members salaries,orders RMAFC to determine lawmakers remuneration

Modupe ASUDO

ABUJA-THE Federal High Court in Lagos, Nigeria in a landmark judgment, Friday ordered the Revenue Mobilization, Allocation and Fiscal Commission (RMAFC) to fix the salaries and allowances of the 469 members of the National Assembly– 109 in the Senate and 360 in the House of Representatives to reflect the economic realities in the country, and ruled that the National Assembly Service Commission has no power to determine the remuneration and allowances of lawmakers.”

 In his judgement, Justice Chuka Austine Obiozor followed the consolidated suits brought by Mr Monday Ubani, Mr John Nwokwu, more than 1,500 concerned Nigerians, Socio-Economic Rights and Accountability Project (SERAP), BudgIT and Enough is Enough Nigeria (EiE). 

Justice Obiozor gave the judgment after the hearing of Originating Summons in suit number FHC/L/CS/690/2018: Mr Monday Ubani and other, and suit number FHC/LA/CS/943/2019 involving SERAP, EiE, BudgIT, (suing for themselves and on behalf of 1522 concerned Nigerians). 

The Court also ruled that RMAFC is the only body responsible for determining the salaries, remuneration and/or allowances of the National Assembly or Political Offices Holders.  

The Court heard arguments from the Plaintiffs’ lawyers Mr Femi Falana (SAN) and Ms Adelanke Aremo. 

This development was disclosed today in a statement by SERAP deputy director Kolawole Oluwadare. 

According to the Court, “the National Assembly Service Commission has no power whatsoever to fix and determine or allocate the remuneration, allowances, salaries, emoluments or monetary values to the members of the National Assembly.” 

The suit was filed on the heels of the reports that members of the National Assembly receive running costs and allowances not determined by RMAFC and that such allowances are illegal because they are far above what the RMAFC prescribed. 

It would be recalled that Senator Shehu Sani had in an interview with the News Magazine on the 8th of March 2018 revealed that “each senator receives N13.5 million Monthly as running cost in addition to over N750,000.00 monthly consolidated salary and allowances”. 

The Plaintiffs in their consolidated suits stated: “RMAFC has failed to do any downward review of salaries and allowances of members of the National Assembly since 2007 in spite of the economic downturn in Nigeria. Yet, the commission is statutorily required to review the pay of the lawmakers, in conformity with the country’s economic realities and to achieve fiscal efficiency.” 

The suits, read in part: “Given many years of extreme poverty in the country, and the inability of several state governments to pay salaries of workers and pensions, the refusal or failure of the Revenue Mobilization, Allocation and Fiscal Commission to review and cut the salaries and allowances of members of the National Assembly is a gross violation of the 1999 Nigerian Constitution (as amended) and the commission’s own Act.” 

“The allowances of wardrobe, newspapers, kitchen traveling domestic and constituency project allowances of the members of the National Assembly are never contemplated or in the intendment of the constitution which created them and specified how they can be remunerated.”

“The duty of the RMAFC to review the salaries and allowances of members of the National Assembly is mandatory and the Commission cannot choose not to comply. Therefore, the failure or refusal by the Commission to comply with its own Act amounts to arbitrariness.” 

“Unless the reliefs sought by the plaintiffs are granted, the defendants and members of the National Assembly will continue to benefit from these outrageous salaries and allowances, in breach of the law and at the expense of millions of Nigerians living in extreme poverty.”

“The amounts budgeted as payment for furniture and accommodation allowance to members of the 9th National Assembly negates the oath of office under the Seventh Schedule of the 1999 Constitution by members to perform their functions in the interest of the well-being and prosperity of Nigeria.” 

“The National Assembly comprises of 469 members – with 109 in the Senate and 360 in the House of Representatives. These public officers form a very tiny percentage of about 200 million Nigerians. Members are still eligible to collect huge sums of money as monthly allowances and severance pay at the end of their respec

NEWS

Gov Bassey Otu Increases Minimum Wage

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Cross River State Governor Bassey Otu has announced a new minimum monthly wage of N40,000 for the state’s lowest-paid workers, up from N30,000.

The governor made this declaration during his address to workers at the UJ Esuene Stadium in Calabar on Workers’ Day.

According to Otu, the wage increase is a response to current economic conditions and the limited federal allocations received by the state, rather than a sentimental decision.

Despite acknowledging the state’s industrial output as “very poor” at 5%, the governor expressed his administration’s appreciation for the workers’ efforts.

He said, “Government considers its workforce as the driver of lofty projects and programmes for the common good of the people. Workers in the State are always held in high esteem to achieve good results, which reason  prompt payment of salary and pension has been up to date.”

“The State Government is presently on the verge of concluding necessary arrangements for the staggered payment of outstanding gratuity to its retired workers. I therefore sue for a little patience from the pensioners in this regard.”

Additionally, the Organised Labour in Cross River State has criticized the state government, alleging neglect and deceit.

They are demanding open recruitment to fill vacant positions with qualified youths.

According to Comrade Monday Ogolodom, Chairman of the Trade Union Congress (TUC), the government failed to deliver on its promise to clear the backlog of gratuities owed to senior citizens since 2013, deceiving them.

Addressing workers, Ogolodom said, “Payment of gratuity in the state has become a mirage. I recall on the 4 of October, 2023, during the swearing-in of the Head of Service, Innocent Eteng, His Excellency, the  Governor made a very welcoming, sweet and promising speech, saying “before the end of December, 2023 all backlog of Gratuity in the state shall be cleared”.

“Today is 1″ May 2024, 4 (four) months after, nothing has started”, adding that this has portrayed the governor in bad light and appealed to him to set up machinery towards actualizing the promise  as some of our elder statesmen and women were dying due to lack of funds for medications.

He claims that bribery for promotion has become widespread, which is demotivating for hardworking and qualified employees.

He also expressed frustration with the prolonged verification exercise aimed at eliminating ghost workers, which has delayed long-overdue promotions for deserving workers.

Furthermore, Ogolodom criticized the government’s secretive recruitment practices, urging them to conduct open and official recruitment exercises instead.

 

 

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Reverse Tariff Hike In One Week, TUC Tells NERC

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Festus Osifo, head of the Trade Union Congress, didn’t mince words during his address at the 2024 Workers’ Day event in Abuja on Wednesday.

Osifo slammed the high electricity tariffs burdening Nigerians, labeling them unethical.

Urging immediate action, he called upon the Nigerian Electricity Regulatory Commission to reverse the tariff hike within a week.

Osifo underscored the severe impact of inconsistent power supply on the nation’s economic growth, stressing the urgency of effective energy management to prevent further setbacks.

He said, “One of the pivotal factors constraining our nation is our glaring incompetence in managing this sector for the collective welfare of our citizens.

“Power, regardless of its source, remains paramount in kickstarting any economy, while oil and gas are indispensable for robust energy success in every country.”

He emphasized that despite over a decade passing since the privatization of the power sector, its challenges persist unchanged.

He said “The reasons are glaringly evident. As long as those who sold the companies remain the buyers, Nigerians will continue to face formidable challenges in the power sector.

“It is unethical to force Nigerians to pay higher tariffs for non-existent electricity. Estimated billing is an extortion and a daylight robbery against Nigerians.

Recall that the Nigerian Electricity Regulatory Commission (NERC) greenlit a significant increase in electricity tariffs for customers falling under the Band A classification.

Musliu Oseni, the Vice Chairman of NERC, confirmed that this adjustment would raise the rate from the current N66 per kilowatt-hour to N225 per kilowatt-hour.

Notably, customers categorized under Band A typically receive 20 hours of electricity supply daily.

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Olatunji’s Abduction: NPO, BON Intervention, Ombudsman To Resolve

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The Nigerian Press Organisation (NPO), the Broadcasting Organisation of Nigeria (BON) and Civil Society Partners (CSP), have revealed that the abduction of the General Editor of FirstNews newspapers, Segun Olatunji, has been referred to the national ombudsman for adjudication.

According to a statement jointly signed by President, Newspapers Proprietors Association of Nigeria (NPAN)/President, Nigerian Press Organisation (NPO), Mal. Kabiru A. Yusuf, and elected officers of the other media bodies in Nigeria, following pressure from the concerned groups, the Defence Intelligence Agency (DIA), requested a meeting with the NPO, BON and the CSP on April 14, 2024.

The statement disclosed that the military authorities said that they acted to forestall a potential threat to national security and would have reported the matter to the National Media Complaints Commission (NMCC) – The National Media Ombudsman – if they had been aware of its existence.

After considering this disposition towards the Ombudsman, the NPO, BON and the CSP have decided after reviewing the outcome of the April 14 meeting, to refer the matter to the Ombudsman for adjudication.

The report of the Ombudsman process would be made public.

We hope that the parties concerned will seize this opportunity to settle the matter in the interest of law, order and respect for the provisions of Nigeria’s constitution.

Besides, the specific issue of Olatunji, the group condemns the increasing militarisation of the civic space, which has seen increasing use of excessive force by soldiers in matters that would have ordinarily be handled by the police.

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