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Opinion

The Laxity In The Latitude Of Legal Advise

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By Bala Ibrahim.

Lawyers describe legal advice as the professional opinion regarding the substance or procedure of the law, in relation to a particular factual situation. It is therefore an advise given based on the analyses carried out on a set of facts, which would permit for a decision to be taken on a specific course of action, in compliance with the applicable law.

The person who gives such advise is called the legal adviser. The advised is called the advisee. Between the advised and the advisee, there is expected to be a high degree of trust, confidence and firm belief in the reliability of information.

The advisee gives the adviser the latitude out of the confidence that he or she would act in line with the truth, as sworn to in the oath of office. Anything done in the contrary, amounts to abuse of trust, which may arise, probably out of the need for exploitation, by selfishly taking advantage of the perceived laxity of the advisee.

NIGERIA AT 60: LET’S BLAME THE PRESIDENT

In Nigeria today, as the elected President of the country, President Muhammadu Buhari, who is the head of state and who exercises authority over the governance of the country, is largely dependent on the advise of selected and not elected advisers, amongst whom is a legal adviser.

Although he is not under any obligation to abide, or necessarily oblige the advise of any adviser, but when it comes to the advise of a legal adviser, it would be foolhardy for him to ignore, or become apathetic, because everything in governance rallies round the rule of law, which occupies a position of unlimited importance. This gives the Attorney generals or legal advisers a large level of latitude to leverage upon.

Since the return to democracy in 1999, Nigeria has had more than eight Attorneys general, including the present one, Mr. Abubakar Malami, SAN, of which the last three were seen to be the most powerful in terms of links, leeway, latitude and the leverage to give legal advise to the president. But the end became bad for them, because they were accused of the abuse of office, by misleading the Presidents through wrong, selfish or ill legal advises.

By virtue of the confidence and trust placed on them by the President, some of the Attorneys general or legal advisers are accused of acting at variance with propriety, by misleading the President to act in ways that are unfairly to their own selfish benefit. This makes some of them behave like mini Gods, in the course of which they create unnecessary enemies for themselves and the President, their principal.

The immediate past Attorney general, Mohammed Bello Adoke, is still facing charges in court, after surrendering himself from a self exile abroad. This goes to underscore the inevitability of nemesis, which is always there to support the law of Karma, that whatever happens to a person, happens because he or she caused it with through his or her actions.

In Nigeria’s situation today, unless Attorney general Abubakar Malami, SAN, works hard and fast, to disabuse the minds of the general public, through effective evaluation and control of the circulating cynicism, the country would continue to question his conscience, particularly as it affects the credibility of the legal advises he gives the President.

Malami may be doing justice to whatever assignment he is given, but as a lawyer, he knows better than me, that, justice is done only when it is seen to be done. Suspicion, accusations and misgivings would continue to trail Malami’s actions, whenever he gives advise to the President and the outcome of the President’s action tilts in favour of his considered interest.

PMB had acted on many occasions in manners that brought those actions to undue doubts and disrespect, by people that hitherto held the President in esteem. The general believe is that those actions were carried out on the legal advise of Malami, as the Attorney general of the Federation. Pursuant to such actions, the AGF lost respect for self, and by extension respect for the country.

For the first time in the history of the Nigeria Police, the office of the Inspector General of Police went to court with the Police Service Commission on matters of recruitment. That embarrassment was alleged to be on the advise of Malami, as Buhari’s legal adviser.

There are some silent actions that negatively rubbed off on the President, which were allegedly carried out on the legal advise of Malami, including the three months ridiculous extension given to IGP Adamu Mohammed. If extension of tenure is to be given, the reasonable mind would have thought it would be for a minimum of one year. For anything meaningful to be done during the extension, three months is simply unreasonable, absurd and perceived to be preposterous.

It is an open secret that Malami is eyeing the position of the Governor of Kebbi state, and in the pursuit of this endeavour, he can not claim to be unaware of what had happened to his predecessors, and the inevitability of collusion with the law of Karma.

There is a cliché that is indirectly accusing the President of laxity, and directly questioning the latitude given to Malami as the legal adviser, and currently circulating in the social media, accusing him of misleading the President in the appointment of the new substantive chairman of EFCC, young Abdulrasheed Bawa. Malami is accused of nepotism in picking Abdulrasheed, who is alleged to be his nephew.

The cliché is calling on the Senate to do the needful, and it reads:

ATTORNEY GENERAL MALAMI HAS MISLED THE PRESIDENT BY NOMINATING UNQUALIFIED EFCC CHAIRMAN

The 40 year old Abdulrasheed Bawa, a relation to the Attorney General and Minister for justice, Malami, is not qualified to be the Efcc Chairman:

– He was recruited into Efcc in 2004/5
– He spent ONLY 16 years in the Commission
– He is on grade level 13

According to Efcc Establishment Act, Section 2a (ii) the Chairman to be appointed should :

“be a serving or retired member of any security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent”

Such equivalence in the Efcc is Grade Level 15, and Bawa is on Gl 13 !!!

The Efcc Law is an Act of National Assembly hence Senate must not over rule itself by breaching a critical provision in the appointment of Efcc Chairman.

The Attorney General has violated the law and misled the President in sending an unqualified nomination to the Senate for confirmation in his bid to prepare ground to be the Governor of Kebbi State come 2023.

HELP SHARE UNTIL THE SENATORS ACT RESPONSIBLY.

Opinion

Exposing the fraud in NASS budget-Jaafar Jaafar

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By Jaafar Jaafar

In an unprecedented budget fraud, the National Assembly has appropriated N370 billion on running costs, contingency, vague and duplicated projects for the Senate and House of Representatives in the 2024 Appropriation Act.

I’m not talking about the hundreds of billions of naira padded in other ministries, departments and agency, but what they budgeted for their welfare and running of the National Assembly.

In the N370 billion NASS budget, the lawmakers duplicated projects and created new, unnecessary projects that increased the budget from N170billion in 2023 to N370 billion this year.

In budget (under Statutory Transfers ), the NASS budgeted 36,727,409,155 for the National Assembly Office; N49,144,916,519 for the Senate; N78,624,487169 for the House of Representatives; N12,325,901,366 for the National Assembly Service Commission and; N20,388,339,573 for Legislative Aides.

A senator recently told me that each of them (and members of the House of Reps) is entitled to five aides, while the four presiding officers (Senate President, Speaker and their deputies) have at least 3,000 aides. In total, you are talking about over 5,000 aides!

Despite the foregoing, the NASS budgeted N30,807,475,470 for “General Services” and N15billion as “Service-Wide Vote” – known in administrative parlance as “contingency” or “security vote”. The NASS never had anything like service-wide vote in the past as “service-wide vote” is always exclusive to the Executive arm. Insiders said this is a clear case of budget padding as the purpose for the huge appropriations are vague.

Even the retired clerks and perm secs (despite receiving their pensions) are not left out in this public funds buffet as they got N1.2billion padded for them.

Apart from padding the intangibles, the NASS will spend N4billion to build recreation center; about N6billion to furnish committee rooms for the two chambers and; another N6billion to build car parks for senators and members (don’t ask me whether they lack any parking space).

And despite this, the lawmakers padded N30 billion in the FCDA budget for “Completion of NASS Chambers” and N20billion for “completion of NASS Service Commission”! In the same budget, the lawmakers set aside another N10billion (under NASS budget) for the completion of National Assembly Service Commission building! How did this happen? No be juju be dis?

Still hungry to devour public resources, the avaricious parliamentarians budgeted another N3billion for the “Upgrade of NASS Key Infrastructures”. How come? What about the N30billion budgeted for “Completion of NASS Chambers”?

NASS Library Complex, named after President Tinubu’s Chief of Staff, Femi Gbajabiamila, got N12billion as take-off grant and another N3billion for purchase of books.

Like other institutions under NASS, the National Institute for Legislative and Democratic Studies got N9billion without clearly stating how or where the resources will apply to. The same institute also got another N4.5billion (is this ‘jara’?) for completion of its headquarters.

Despite the dedicated powerline and powerful generators backing up power supply in the National Assembly, the lawmakers budgeted N4billion to install solar power system. I guess this will give them a reason to pad billions for the purchase of batteries every year.

The committee that superintended this butchery of public resources, the Appropriations Committees of the Senate and the House of Reps, got N200m each for a job well done.

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Opinion

Workers’ Day and The Nigerian Workers In Perspective

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By AbdurRaheem Sa’ad Dembo

Every 1st of  May workers celebrate their day globally .It is always a day of reflection, celebration and emancipation of workers around the world.

In Nigeria,May Day as a holiday was first declared by the People Redemption Party (PRP) Government of Kano State in 1980.Afterwards it became a national holiday on May 1, 1981

Before venturing to restrict myself to Nigerian workers let me take a broad look at how May Day emerged in the world.Workers’ Day, stemmed in part, from an ancient European Spring festival,but its modern manifestations arise from the organised efforts of socialist and communist groups to establish a time for honouring workers and the working class.To be specific, the holiday was first promoted by the International Workers Association in 1904 to commemorate the slaughter of protesting labourers in Haymarket Square in Chicago ,United States of America in 1886 and it was to be a day to push for the eight-hour work day and other demands.

The date May 1st was chosen because,in the USA, the eighth- hour workday first came into effect on that date in 1886.It was predicated on the demands of the Federation of Organized Trades and Labour Unions.There was a general strike and a riot in Chicago in 1886, and eventually, the eight -hour workday was legally recognised.

Many people tend to attend the National May Day celebration in Abuja and other State capitals.The president or State Governors would be there as the case may be to make a speech, and thousand would fill the Eagle Square or state stadium to listen to the President or Governor.Some people attend number of other events that hold across Nigeria on May Day,organized by schools,labour unions,hospitals,and other various institutions.People use the day for relaxation since it is a public holiday.

In Nigeria,some people participate in nationwide marches and rallies on workers’ Day or Labour Day.More often their major concerns are usually to clamour for an increase in the minimum wage,an end to workers being left unpaid for months,the need for government action to address the high unemployment rates of recent years ,and the necessity for government action to address the high unemployment rates of recent years, and the need to move Nigeria off of over dependence on petroleum exports.

On a May Day in Nigeria, politicians and labour leaders will give out speeches on the strength and the challenges of Nigerian economy , and on how to improve it for the general good of the country.

It is significant to say that Nigerian workers both in public and private sectors are facing enormous challenges.The disparity in the salary structure and irregular payments of salary as witnessed before the coming of Buhari’s administration in 2015, where a lot of state Governors could not pay their workers for several months.

The Buhari administration ensured that bailouts were given to states to enable them offset their unpaid salaries to workers.That was a plus for the Daura man administration.

Meanwhile, President Tinubu’s administration has also sustained the legacies of prompt payment of workers salaries in the last one year.It is expected , because even as Lagos State Governor he had no history of owing workers.

In a larger context, welfare of Nigerian workers are not properly taken care of, most especially those in private sectors.There are situations where teachers in private schools are being paid peanuts as salaries,whereas the owners or proprietors charge the parents homongous school fees.This is not a hearsay I was once in that shoe as an English language teacher.

The area where the civil servants in both Federal and States are feeling the heats is the non regular payment of promotion arrears.According to sources some agencies under federal government are being owed promotion arrears since 2018.This is not a healthy practice, though some sources said the federal government has put the payment in batches and it is now being paid bit by bit.In some states the promotions are not even implemented let alone payment of its arrears

As Nigerian workers join others around the world to mark 2024 workers’ Day,it is expected that the ongoing negotiation by the federal government and labour leaders on new minimum wage will yield good results.

It is imperative to say that the Federal Government should fix the economy for the collective good and progress of the country.No minimum wage can ameliorate poverty, if there is consistent economic instability.

The level of inflation ravaging Nigerian economy is worrisome.Any minimum wage that is less than hundred thousand naira today won’t make any appreciable impacts in the lives of average Nigerian workers.

Essentially,Corruption can only be tackled effectively and holistically,if there is a reasonable living wage for the civil servants.You can’t fight corruption in a country where workers welfare and retirement package are relegated to the background.According to the human rights lawyer,Femi Falana ” corruption cannot be meaningfully fought by governments that pay poor wages to workers,owe workers and pensioners arrears.”

To the NLC and TUC leaders, providing sincere leadership is key to the quality ,emancipation and progress of Nigerian workers.Adam Oshiomhole was an example of a good labour leader in the history of Nigeria.He stood for the workers even in the face of oppression.So the current leaders should take a cue from his tireless comradeship for the benefit of Nigerian workers.

 

Nigeria is a blessed country and a land of prosperity; her workers have no reason for penurious lives.

Happy Workers’ Day

abdurraheemsaaddembo@gmail.com

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Opinion

Minimum Wage Increment: Be Proactive My Governor.

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Governor Abba Kabir Yusuf

 

By-Abba Hamisu Sani

1st of May every year is a special day for workers in Nigeria working with the government or with the Private sector.

The main issue ahead of this year’s celebrations is the expectation of the new minimum wage Increment.

President Bola Tinubu is expected to announce the new salary scale as Vice President Senator Kashim Shatima hinted recently that by the 1st of May, the new minimum wage will be ready for implementation.

Here I want to salute the courage exhibited by the Edo State governor Godwin Obaseki who has increased the minimum wage for workers in the state from 40,000 naira to 70,000 naira ahead of the 2024 Workers Day celebrations.

This prompted my attention to urge my state governor Abba Yusuf to follow the suit of Edo State governor in this direction.

Kano workers suffered a lot in the hands of the immediate past administration, ranging from different kinds of deductions which causes uncertainty on the amount to be collected by a worker and even pensioners every month.

Governor Abba if you do the same as Obasaki, the Kano people will be happy with you as it will boost the state economy and currency circulation.

It is very imperative at this time to be proactive and not wait for the Federal government announcement before taking your step in making Kano workers happy.

Infrastructural development is quite needed but at this time social security is the most critical as it has been said “A hungry man is an angry man”.

Workers’ salaries are too low to cater to their basic needs, such as food, rent, transportation, and school fees for their children while they see politicians cruising in jeeps and other expensive cars.

Finally, Governor Yusuf remember that these workers have sacrificed a lot during the 2023 elections to see that you emerged as Kano governor.

Is very important to consider their plight at this moment of critical economic hardship.

I urged all comrades in different forms of struggle including civil society Forum to join me in pushing the Kano State government to implement a new minimum wage in a dignified manner as the Edo State governor did.

Abba Hamisu Sani is a
Media Consultant /CEO Time Base TvAfrica & Africa Press.
Can be reached via timebasetv@gmail.com

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