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SERAP, 20 Others Sue Akpabio, Abbas, Against Increasing Own Budget

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The Socio-Economic Rights and Accountability Project (SERAP) and 20 concerned Nigerians have filed a lawsuit against the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas “for unilaterally and arbitrarily increasing the allocation for lawmakers from N197bn to N344bn, their highest since the return of democracy in 1999.”

Biztellers reports that the action was brought against Akpabio and Abbas for themselves and on behalf of all members of the National Assembly.

According to Deputy Director, SERAP, Kolawole Oluwadare, the lawmakers had last month raised their allocation from N197bn proposed by President Bola Tinubu to N344bn.

That meant that the lawmakers would in total draw N514bn from the 2024 budget. The lawmakers also in 2023 arbitrarily increased their own budget from the originally proposed N169bn to N228bn, he noted.

In the suit number FHC/ABJ/CS/68/2024 filed last Friday at the Federal High Court, Abuja, the Plaintiffs are asking the court to determine “whether the lawmakers, in the exercise of their powers over appropriation/money bills, can unilaterally increase their own budget without the re-presentation of the budget by the Executive.”

The Plaintiffs are asking the court for “a declaration that the National Assembly, in the exercise of its powers over appropriation/money bills, cannot unilaterally increase its own budget without the re-presentation of the budget by the President in line with section 81 of the Nigerian Constitution 1999 [as amended].”

The Plaintiffs are asking the court for “a declaration that the action of the National Assembly, unilaterally increasing its own budget from N197 billion to N344 billion, without the re-presentation of the budget by the President is a breach of the democratic principles of separation of powers and checks and balances.”

The Plaintiffs are seeking “an order of perpetual injunction restraining and preventing the National Assembly from unilaterally increasing its own budget, in the exercise of its powers over all appropriation/money bills, without the re-presentation of such appropriation/money bills by the President in line with the Nigerian Constitution.”

In the suit, the Plaintiffs are arguing that: “Allowing the National Assembly to continue to unilaterally and arbitrarily increase its own budget would fundamentally undermine the letter and spirit of the Nigerian Constitution, public trust, and the rule of law.”

The Plaintiffs are also arguing that, “The arbitrary and self-serving increase by the lawmakers of their own allocation offends the Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Nigerian Constitution, oath of office, and the democratic principles of separation of powers and checks and balances.”

According to the Plaintiffs, “Unless the reliefs sought are granted, the National Assembly will continue to breach the provisions of the Nigerian Constitution and the rule of law, and at the expense of millions of Nigerians living in poverty.”

The suit filed on behalf of SERAP and 20 concerned Nigerians by their lawyers Kolawole Oluwadare and Andrew Nwankwo.

The petition read in part, “Members of the National Assembly are public officers who have sworn the constitutional oath of office to perform their respective duties in the interest of Nigerian citizens.

“The members of the National Assembly, by unilaterally and arbitrarily increasing their own budget in the Appropriation Bill 2024, without the re-presentation of the budget by the President has violated the Code of Conduct for Public Officers.

“Paragraph 1 of the Code of Conduct for Public Officers which provides that ‘a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.’

“Members of the National Assembly have put their interest above the public interest and ‘well-being and prosperity of the Federal Republic of Nigeria’, contrary to their oath of office.

“It is a necessary implication of the rule of law that, except where the law gives a discretion to a public functionary, he can only act in accordance with the law, as to do otherwise may enthrone arbitrariness.

“The increase and insertion of line items in the Appropriation Bill 2024 by the National Assembly is not commensurate with the constitutional commitments to public services and goods; decreasing public revenues and increasing level of public debts, and the poor economic and social realities in Nigeria.

“The President presented the Appropriation Bill 2024 made up of N27.5 trillion Naira to the National Assembly on 29 November 2023. The National Assembly on 30th December, 2023 passed the Appropriation Bill 2024 in the sum of N28.7 Trillion.

“That while exercising its legislative powers, the 1st and 2nd Defendants increased the Appropriation Bill by N1.2 Trillion, wherein the 1st and 2nd Defendants unilaterally increased allocations made to the National Assembly in the Appropriation Bill 2024 presented by the President from N197,932,625,616 Billion Naira to N344.85 Billion.

“The President signed the ₦28.7 Trillion Appropriation Bill 2024 into law on 1st January, 2024. The 2024 Budget is in deficit of ₦9.18 Trillion.

“The Budget/Appropriation Act 2024 is yet to be gazetted as at the time of filing this suit and public access to the gazetted 2024 Budget/Appropriation Act is restricted.

“The National Assembly after inserting new line items to the Appropriation Bill 2024 and altering the budgetary allocation to already inserted line items did not submit same to the President for re-presentation by the President before going ahead to present the Appropriation Bill to the President for assent.”

The SERAP and 20 concerned Nigerians are also asking the court for the following reliefs:

“A DECLARATION that the action of the National Assembly, unilaterally increasing the budget of the National Assembly from 197 billion Naira to 344 billion Naira, in the exercise of its powers over Appropriation Bill 2024, without the re-presentation of the budget by the President is a breach of section 81 of the Nigerian Constitution 1999 [as amended], the Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Nigerian Constitution, Oath of office [Seventh Schedule] and section 81 of the Nigerian Constitution.

“AN ORDER OF PERPETUAL INJUNCTION OF THE HONOURABLE COURT restraining and preventing the National Assembly from unilaterally increasing the budget of the National Assembly, in the exercise of its powers over all appropriation/money bills, without the re-presentation of such appropriation/money bills by the President in compliance with section 81 of the Nigerian Constitution 1999 [as amended] and the democratic principles of separation of powers and checks and balances.”

And, “AN ORDER OF THE HONOURABLE COURT directing, compelling and mandating the National Assembly, in the exercise of its powers over all appropriation/money bills, to comply with section 81 of the Nigerian Constitution 1999 [as amended] by sending such appropriation/money bills to the President for re-presentation before the National Assembly in compliance with section 81 of the Nigerian Constitution and the democratic principles of separation of powers and checks and balances.”

The court is yet to fix a date for the hearing of the suit.

Politics

Nigeria’s Debt Service Ratio Falls To 65% As Tinubu Tackles Economic Woes

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In an effort to reduce Nigeria’s debt burden and stabilize the economy, President Bola Tinubu announced on Monday that the country’s debt service-to-revenue ratio has fallen from 97 to 65 percent over the 17 months since he took office.

Speaking at the swearing-in ceremony for seven new ministers at the State House, Abuja, Tinubu emphasized the government’s progress in stabilizing the economy despite challenging conditions.

READ MORE: Ibadan Man On Why He Used 76 Women For Ritual, Ate Others

“For us, it was a challenge when the nation was servicing its debt with 97 percent of its revenue. It was nothing but the edge of the cliff,” Tinubu said.

“But today, I can report to you that we have brought that down to 65 percent, and we have never defaulted in meeting all obligations, both foreign and domestic.”

His remarks follow Afreximbank’s recent projection that Nigeria’s debt service-to-revenue ratio could reach 110.4 percent by 2024.

Afreximbank’s 2024 Nigeria Country Brief warned of a troubling upward trend in debt servicing, which could see the ratio surge from 33.8 percent in 2017 to a projected 110.4 percent next year.

However, with continued reforms, the report suggested the ratio might decline to 62.6 percent by 2025.

In the first nine months of 2023, debt servicing consumed 66.9 percent (₦5.79 trillion) of Nigeria’s total revenue, a slight improvement from 99.3 percent (₦4.23 trillion) during the same period in 2022.

Tinubu, while optimistic about economic recovery, acknowledged the ongoing struggles faced by Nigerians due to a sharp increase in the cost of living triggered by recent economic reforms.

“We have taken the bull by the horns,” the President asserted. “We have stopped the scavengers. We will fully put an end to the profiteers and smugglers of our resources across the country. We are not shirking our responsibility; we are confronting it head-on.”

He further expressed confidence that Nigeria was on a “good path” toward recovery, emphasizing that the government remains committed to re-engineering the economy.

He cited the introduction of a new minimum wage as one measure aimed at mitigating rising living costs.

Monday’s ceremony also saw the swearing-in of seven new ministers, part of a recent cabinet reshuffle.

In two batches, ministers including Idi Maiha (Livestock Development) and Dr Jumoke Oduwole (Industry, Trade, and Investment) took their oaths.

The reshuffle, which saw 10 ministers reassigned, five discharged, and seven new appointments confirmed by the Senate, reflects Tinubu’s stated commitment to reshaping his cabinet to meet Nigeria’s evolving challenges.

As the administration continues to implement reforms, President Tinubu emphasized a long-term vision for economic sustainability, not only for the current generation but also for future ones.

“Despite the challenges, we must undertake the job of re-engineering and retooling this country’s economic path,” he said.

 

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Edo Deputy Gov, Omobayo Ordered To Court Over Refusal To Vacate Office

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A Federal High Court in Abuja has mandated that Godwins Omobayo, the Deputy Governor of Edo State, appear in person on November 26, 2024, following allegations of contempt of court stemming from his failure to comply with a previous ruling.

Justice James Omotosho issued the order on Monday, asserting that Omobayo, described as the alleged contemnor, must be afforded a fair hearing in accordance with Section 36 of the 1999 Constitution (as amended).

READ MORE: Bobrisky Flees Nigeria Amid Legal Turmoil

The court action was initiated by Philip Shaibu, who was reinstated as Deputy Governor after the court invalidated his impeachment by the Edo State House of Assembly on July 17.

Justice Omotosho ruled that the impeachment proceedings lacked due process and that the grounds for Shaibu’s removal did not constitute gross misconduct.

Shaibu’s suit targets several parties, including the Inspector-General of Police and the Edo State House of Assembly, seeking enforcement of the court’s judgment and demanding that Omobayo vacate the deputy governorship position.

Omobayo assumed office on April 8, following Shaibu’s impeachment.

During the court proceedings, it was revealed that Omobayo was served legal documents but failed to appear.

In response, Shaibu’s attorney, Ayotunde Ogunleye, SAN, urged the court to compel Omobayo’s attendance, citing the need to uphold judicial authority.

In delivering his ruling, Justice Omotosho adjourned the case until November 26 for further proceedings.

He directed that hearing notices be served to the 1st, 2nd, 3rd, and 5th defendants involved in the charge.

“In the interest of justice and to provide the alleged contemnor with an opportunity to defend himself and receive a fair hearing, in accordance with Section 36 of the 1999 Constitution (as amended), I hereby order that the alleged contemnor appear in court in person on November 26, 2024,” the judge stated.

It is noteworthy that the current tenure of the state government is set to conclude on November 12.

 

 

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Presidency Fires Back At Atiku

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On the heels of the salvo fired by the presidential candidate of the Peoples Democratic Party (PDP) in Nigeria’s 2023 elections, Atiku Abubakar, signalling what might be a long-drawn hot exchange of words, the Presidency has made what it called ‘our initial response to Alhaji Atiku Abubakar’.

This was contained in a statement put out on micro-blogging site, X, Sunday by the Special Adviser to the President (Information and Strategy), Bayo Onanuga.

The former vice president had detailed the shortcomings of the President Bola Ahmed Tinubu administration, making efforts to detail what he would have done differently, that would have better results for Nigeria.

In a swift response, the Presidency countered that Atiku and his ideas “were rejected by Nigerians in the 2023 poll”, based on his antecedents.

The statement reads, “OUR INITIAL RESPONSE TO ALHAJI ATIKU ABUBAKAR

“We have just read a statement credited to former vice president Alhaji Atiku Abubakar, in which he tried to discredit  President Bola Tinubu’s economic reform programmes while pushing his untested agenda as a better alternative.

“First, Alhaji Atiku’s ideas, which lacked details,  were rejected by Nigerians in the 2023 poll.

“If he had won the election, we believe he would have plunged Nigeria into a worse situation or run a regime of cronyism.

“Abubakar lost the election partly because he vowed to sell the NNPC and other assets to his friends.  Nigerians have not forgotten this, nor would they be comforted by Atiku’s antecedents when he ran the economy in the first term of President Olusegun Obasanjo’s government between 1999 and 2003.

“As vice president, Atiku supervised a questionable privatisation programme. He and his boss demonstrated a lack of faith in our educational system, and both went to establish their universities while they allowed ours to flounder.

“Talk is cheap. It is easy to pontificate and deride a rival’s programmes even when there are irrefutable indices that the economic reforms yield positives despite the temporary difficulties.

“Despite the futile attempt to hoodwink Nigerians again in his statement, it is gratifying that the former Vice President could not repudiate the economic reforms pursued by the Tinubu administration because they are the right things to do.

“His advocacy for a gradualist approach only showed that he was not in tune with the enormity of problems inherited by President Tinubu.

“It is so easy to paint a flowery to-do list. It is expected of an election loser.

“President Tinubu met a country facing several grave challenges. Fuel subsidies were siphoning away enormous resources we could ill afford, and there was criminal arbitrage in the forex market.

“No leader worth his name will allow these two economic disorders to persist without moving to end them surgically.

“While advocating for gradual reforms may sound appealing, Tinubu took measures that should have been taken decades ago by Alhaji Abubakar and his boss when they had the opportunity.

“Alhaji Abubakar calls for empathy and a human face to reforms. We have no problem with this as it resonates well with our administration’s focus. President Tinubu has consistently emphasised the need for compassion and protection of the most vulnerable.

“The administration has prioritised social safety nets and targeted support for those affected by recent economic transitions.”

 

 

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