Saraki, Melaye, Others Fume As Ag President Osinbajo Withholds Assent To 4 Bills

There was disquiet yesterday at the Senate over the Acting President, Prof. Yemi Osinbajo's decision to withhold assent to four bills sent to him by the upper legislative chamber, News Punch understand

The bills are Dangerous Drugs (Amendment) Bill 2016, National Lottery (Amendment) Bill 2016, Agricultural Credit Guarantee Scheme Fund (Amendment) Bill 2016, and the Currency Conversion (Freezing Orders) (Amendment) Bill 2016.

In the four letters sent to the Senate, dated February 7, 2017, the Acting President gave various reasons for his decision “Pursuant to Section 58(4) of the Constitution.”

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On the Agricultural Credit Guarantee Scheme Fund (Amendment) Bill 2016, Osinbajo said, “The reasons for withholding assent to the bill are the concerns surrounding board composition, funding arrangements, limitation of liability of funds, and proposals to increase levels of un-collaterised loans from N5,000 to N250,000.”

For withholding asset to the Currency Conversion (Freezing Orders) (Amendment) Bill 2016, the Acting President said, “The rationale for withholding assent to the bill is the concern regarding modalities for the communication of asset forfeiture orders.”

Osinbajo also said the Dangerous Drugs (Amendment) Bill 2016 could not be assented to, saying, “The rationale for withholding assent to the bill are the concerns regarding certain words and phrases utilised in the draft bill that may be inconsistent with the Principal Act (for example, Section 6 of the bill with Section 21 of the Principal Act) and the spirit behind the proposed amendments.”

Also, the Acting President said he withheld assent to the National Lottery (Amendment) Bill 2016 due to “the existence of pending legal challenge to the competence of the National Assembly to legislate on the subject matter.”

After the Senate President, Dr. Bukola Saraki, read Osinbajo’s letters to senators at plenary on Wednesday, Senator Dino Melaye, who sponsored the National Lottery (Amendment) Bill, raised a point of order and dismissed the Acting President’s reason for not assenting to it.

Citing Section 4 of the constitution, the senator described the court process and the decision by Osinbajo as against the principle of separation of powers.

Melaye said, “Mr. President, the explanation for withholding the assent as stipulated in the letter by the Acting President is because there is a pending litigation on this matter. Mr. President, democracy is standing on the basic principles of separation of powers and it has divided this into three; the executive, the legislature and the judiciary., Punch Newspaper established

“Mr. President, the role of the executive is to carry out its fundamental objective by signing anything that has been passed by this House and anyone who has a problem with it can go to court in compliance with the provisions of Section 6 of the constitution. May it not be a bad day for democracy if we keep quiet and allow the powers of the legislature to be usurped by the non-compliance to the provisions of the constitution.”

Saraki, in his response, said the chamber would seek legal advice on the matter as it had to do with separation of powers.

He said, “I think the procedure is that we will refer this (issue) to our legal department to give us advice on interpretation on some of the things that you have said, for us to be properly guided. But, I agree with you that it is a matter that we must take seriously because it goes down to the issue of separation of powers. We would get the opinion of the legal department.”

But Senator George Sekibo, rose up to say that the National Assembly had the powers to override the veto of the President.

He said, “The way the constitution is framed, they have their own roles to play and we have our own role to play. We check each other. I know that the matter is in court and based on our rules, we cannot discuss it; it is a different thing. But if it is just that the President did not give assent, we have to look at the merit of the particular bill if it meets the standards and if the court matter is not going to impede what we are going to do. Then, we can override the veto of the President.”

Again, Saraki stated that the issue should be referred to the legal department for interpretation and counsel.

Osinbajo had last week assented to seven bills passed by the legislature.

Text From Punch Newspaper used in the article

SHOCKER: Fashola Caught In Alleged N5.8b Road Contract Fraud, The Senate Sparks

Punch Newspaper - The Senate may probe the Ministry of Power, Works and Housing, headed by Mr. Babatunde Fashola and the Bureau of Public Procurement over alleged inflation of the costs of some contracts awarded by his ministry.

The lawmaker representing Kogi West Senatorial District, Senator Dino Melaye, who raised a point of order during the plenary on Wednesday, alleged that the BPP conspicuously changed the contractors and costs of some projects applied for by the ministry.

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Melaye said, “The BPP got a letter from the Federal Ministry of Works, Power and Housing for the award of two batches of contracts. The first is the award of the construction and rehabilitation of 10 roads and bridges under the 2016 budget in November, 2016. The second batch is the award of the construction of bridges and roads – 13 of them – in the 2016 budget.

“The ministry sent a letter to the BPP, asking that 10 companies, who had undergone its (the ministry’s) internal due process and technical qualification, be issued Certificate of No Objection for the award of the contracts.

“The BPP, after its diligence, wrote its first report, giving the ministry the nod. But somehow, a second letter came from the BPP, indicating ‘Revised Due Process Review.’ This is now a review of the first one.

“What caught my attention is that while the first was in compliance with what the ministry recommended, in the second letter, they (BPP) completely changed the list of the contractors.

“Not that the contractors were just changed, figures also varied. In the first batch of 10, a contract was given to new contractors, who were not assessed by the ministry. After awarding the contract to them, the initial contract awarded for the Muman-Jalingo Road in Adamawa State, was given to a new contractor at N12.8bn as against N11bn that was recommended by the ministry.

“Another contractor was also given a new contract against the recommendation of N10bn; the contract was now awarded at N14bn.”

The senator asked that he be allowed to present the matter as a motion to allow a detailed presentation and debate.

Senate President Bukola Saraki, who presided over the plenary, however, said since Melaye came under Order 42, “by our rules, we will need the leave of this Senate, so that the matter can be brought as a motion.”

The lawmakers granted the leave and Saraki proclaimed that the motion be moved on Thursday (today).

The Untold: How Ndume's Closed-Allies He Dines And Wines With, Led Dino Melaye Plotted His Shocking Removal

Immediate-past Majority Leader of the Senate, Ali Ndume is not new to parliamentary politics. He was a critical voice in the House of Representatives, before his movement to the Red chamber. Ndume also showed his political dexterity in 2011, when he ran against the factional chairman of the Peoples Democratic Party (PDP), Ali Modu Sheriff and defeated him.

But his political sagacity, was however deflated on Tuesday, January 10, 2017 by his own party members, who until the recent fall out, dined and wined with him. Like a thief in the night, Ndume’s removal came as a rude shock to some people.

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For keen political observers familiar with the interplay in parliamentary politics, Ndume’s fall came rather belatedly. He has since incurred the wrath of the Senate President, Bukola Saraki and his core loyalists, spearheaded by Dino Melaye.

On December 14, 2016, Senators, at an executive session, declined to confirm Ibrahim Magu as the substantive chairman of the Economic and Financial Crimes Commission (EFCC). They based their action on a security report, sent to them by the Department of State Services (DSS).

Ndume, had told State House correspondents soon after the Senate rejected Magu that the Red Chamber did not reject him. He had also alleged that the embattled Secretary to Government of the Federation (SGF), Mr. David Babachir Lawal was not indicted by the Senate.

He had stated: “It’s not an order we are giving. The Senate resolution is a recommendation; it’s not a law. What the Senate considered is work in progress because it was an interim report.

“It is the same public that is interested and worried to know what we have done as a Senate about those allegations. The committee issued an interim report and the interim report seemed to indict the SGF, the consequences of that indictment is what they recommended but we are not there yet because the report itself is interim. Okay, we take the interim report, we give the public until the whole investigation is concluded.

“I hear, coming from the SGF that he has not been given a fair hearing, so the hearing has not finished. We can give him time to go before the committee and clear himself.”

His assertion, which sharply contradicted the position of the Senate, did not go down well. Twenty four hours after he made the assertions, the spokesman of the Senate, Abdullahi Sabi, told National Assembly correspondents that Ndume acted alone and that his statement did not reflect the position and views of the Senate.

Senator Sabi had retorted: “The call to national duty is crucial. So I am here based on series of calls and text messages from you about what you thought are conflicting messages. It has become critical for the Senate to clarify issues. The 8th Senate believes in its integrity; we uphold and promote the rule of law which is the basic thing about our democracy. We are committed to doing things differently to stabilize the polity in the collective interest of Nigerians.

“I would like to make the following clarifications. I am holding the votes and proceeding of Thursday. We had two votes and proceeding because we had to go into joint session to receive Buhari.

“Our votes and proceedings are the official records of what transpired in chamber. I briefed you on Thursday to the effect that the senate is announcing that in view of security reports, we were unable to confirm Magu. We then rejected and returned the nomination to Buhari for further action.”

Top political gladiators in the Senate, also hold the view that Ndume’s removal, was part of a final deal reached between members of the Unity Forum and Like Minds in the Senate.

Saraki, in mid last year, set up a committee to reconcile aggrieved lawmakers. The first tranche of the recommendations of the committee, was implemented in the last quarter of 2016, when Senators Oluremi Tinubu and Marafa were given juicy committees, Environment and Petroleum (Downstream) respectively.

But plans to remove Ndume, commenced in mid-December, few days after the Senate embarked on its Christmas recess. Multiple sources familiar with the development, told Daily Sun that Senator Melaye, championed his removal.

It was also gathered that contrary to claims that a meeting was held where APC lawmakers agreed to remove Ndume, nothing of such happened. Instead, signatures were collected between last Monday and Tuesday. As at when Tuesday’s sitting was going on, Melaye and others who spearheaded Ndume’s removal were still collecting signatures.

Sources in the Senate told Daily Sun that Ndume was given an option to announce his resignation soon after the required number of signatures were secured, but his departure from the floor close to the end of the plenary gave the Senators and the Senate President no other option than to announce his removal.

“The Chief Whip and the Deputy Senate President were mandated to persuade Senator Ndume to tender his resignation on the floor on Tuesday but Ndume’s disappearance from the floor gave them no other choice. The letter was submitted and it had to be read once it was signed by an overwhelming majority of the Senators involved,” a senator said in confidence, adding that more than 80 percent of Like Minds Senators signed the removal notice.

Ndume, who was however expected to put up a fight, following his earlier claims that he was unaware of his removal, made a U-turn yesterday and accepted his fate. Instead, he made a long speech which did not elicit any applause from his colleagues.

Ndume stated: “Mr. President, I discussed with you before the sitting that sequel to the event that happened yesterday (Tuesday) in my absence, I went to pray when there was a change in the leadership particularly the one that affected me.

“Just like the APC Senate caucus has the right to say we have lost confidence in you, I think that I should be given the chance to say something on record. I did not do anything wrong to the best of my knowledge, but as I said, since 38 of my colleagues signed it, I agree”.  Ekweremadu who came in Ndume’s defence, hailed his statesmanship and urged him to always render his support to the leadership of the Senate.

Ekweremadu remarked: “Let me on behalf of the rest of our colleagues, thank you for your service to the Senate and indeed to the National Assembly. You were a member of the House of Representatives’ leadership at some point, you came to the Senate and also held very important committee assignments and then rose to become the Senate Leader.

Ndume’s removal may have also signaled an end to the crisis in the Senate. It may have also reconciled the feuding Unity Forum and Like Minds Senators in the Upper Legislative Chamber, against their opponents in the Peoples Democratic Party (PDP).

It is unclear whether or not the remnants in the Senate who are still rooting for Ndume will spring up any surprise and take their pound of flesh. Saraki, Lawan and their allies may have won the first round of the long battle, but it is far from over.

The Sun Newspaper

Haba! See What Charlyboy Did To Prominent 2 Nigerian Senators

Charlyboy has officially gotten the support of Senator, Dino Melaye and Ben Murray Bruce for his upcoming 'NJIKO' carnival holding in Imo state at the end of the year.

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The carnival which is held every year was conceived to awaken the love and passion for Igbo heritage by inviting Nigerians at home and abroad, from all walks of life and those in Diaspora to interact and experience the same in pomp. The carnival is aimed at showcasing the rich cultural heritage of the South East region of Nigeria.

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Jibrin's SUSPENSION Unconstitutional - Gbajabiamila

The last may not have been heard of the current imbroglio ravaging the House of Representatives over the suspension of the ousted chairman of Appropriation, Hon. Abdulmumin Jibrin as  Honaurable Femi Gbajabiamila, the Majority Leader of Nigerian House of Representatives has described the suspension  as unconstitutional.

The Reps member representing Lagos State in the lower chamber made the avow in a recent interview with ThisDay Newspaper.

below is an excerpt from the interview:

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“My concern on the suspension is the same that I always had, even when Dino Melaye and others, were suspended in the 6th Assembly. More so, as this was a one-year suspension. Now what is this concern? I find it difficult as a Constitutional Lawyer, to accept that our rules can actually pass constitutional muster if put to test.
“If you suspend a member for a year, you are effectively suspending his constituency and the people he represents, from participation in participatory democracy. This, in my own personal opinion, violates the constitution which delineates the country into Federal Constituencies for effective representation, at the centre.
“For every constituency, it is a right to be represented in the national assembly, not a privilege that can be taken away. The constitution says clearly that, all Federal Constituencies must be represented for 4 years, and lists, I believe, only 1 or 2 circumstances under which such a constituency can be unrepresented. e.g. by process of recall etc. Even at that, the vacancy is to be filled immediately.
“Our constitution does not envisage a situation where a Federal Constituency is unrepresented or underrepresented. If, for instance, an issue comes up in a member’s constituency, that requires federal attention or legislative address, who do they go to? We cannot take away a mandate, given by the people or short change a constituency. In law, the seat of a representative is held in trust for the constituency. It is an in rem matter, not a personam matter. This is why when a member gets up to speak, he goes through the formality of announcing his name and the constituency he represents. In fact, in other democracies and Legislatures, when a Speaker wants to recognise a Representative to speak, he addresses him or her not even by name, but as for instance, “the gentleman from so so constituency”. That is the pre-eminence given to a constituency in a democratic setting. So it is not about Honourable Jibrin, it is about Beweji Constituency.
“I do not stand in the gap for Jibrin, or is this in any way a defence on his behalf. You may not know this, but Jibrin and I stopped relating as friends and colleagues, since March or thereabout. However, I am not one to shy away from the truth and the rule of law. I believe that there are other ways that would be constitutional, if the House wants to discipline any member.
“On whether this was contempt of court, I believe that you are speaking about the Federal High Court decision in the Melaye case, when the Court said that the House lacked the powers to suspend the members. I do not remember the basis upon which the Court made its decision, but I will definitely look at it again. I suspect it was on the basis of fair hearing, as provided in the Constitution.”

“Personally, I would have preferred that the matter be dealt with, in a more transparent manner, or for that matter, not even dealt with at all. I made this clear when we had our last principal officer’s meeting, and gave my reasons for this. Sometimes silence is golden, and you can take the moral high ground and just leave this alone,”

Jibrin had since vowed to go to court over the alleged unllawful suspension

Senator Melaye Advocates Pardon for Treasury Looters, Militants

The Chairman of the Senate Committee on FCT, Senator Dino Melaye (APC, Kogi West), yesterday urged President Muhammadu Buhari to grant presidential pardon and amnesty to treasury looters, Daily Trust reports.

Melaye said in a statement yesterday that the looters should be given six months to return public funds or face the full wrath of the law.

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“Though an unrepentant advocate for integrity and forthrightness, especially from public office holders, l however sincerely want to recommend that Mr. President grants presidential amnesty/pardon to all those who looted our treasury provided they return all proceeds of their loot to the government within six months of the declaration of the amnesty.

“This, I believe will encourage the voluntary return of looted funds, empower the government financially to immediately commence the implementation of projects and programmes that will stimulate the economy, raise the peoples’ standard of living and save the judiciary and law enforcement agencies the agony of fruitlessly pursuing looters in and out of the courtrooms. In the long run, this would be a win-win situation for both the government and people of Nigeria,” he said.

Melaye added: “At the expiration of the six months’ ‘Moratorium’, all those who failed to comply would then be made to face the reality of aggressive and expeditious prosecution and eventual jail terms for convicts in accordance with the laws of the land.”

He also suggested the removal of ‘His Excellency and Distinguished’ from the names of the president, vice president, governors and senators respectively.

Buhari's Cabinet Shakeup On Independent Day - The Presidency Speaks

Indications have emerged that President Muhammadu Buhari is not ready to make any changes in his cabinet. There have however been calls by concerned Nigerians for the President to appoint competent individuals that will assist him deliver.

A competent presidency source yesterday confirmed to our correspondent that President Buhari believes in the capacity of his ministers and the Economic Management Team (EMT) to deliver on their mandates of transforming the country.

The source who prefers anonymity told Saturday Telegraph that those calling for rejiging of the cabinet have no justification and are only being impatient with the government. Deputy Senate President Ike Ekweremadu and the Senate Committee Chairman on the Federal Capital Territory (FCT) Dino Melaye are among many Nigerians that have challenged the President to reshuffle his cabinet.

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The two law makers recently demanded the sack or redeployment of the Minister of Budget and National Planning, Udoma Udo Udoma and his Finance counterpart, Mrs. Kemi Adeosun, describing them as incompetent and lacking in vision to come up with policies that could assist the country get out of the current economic recession.

According to the presidency source, President Buhari knows that his ministers became fully in charge of their respective ministries only four months ago and would not have performed magic as expected in some quarters within a very short time.

“The 2016 budget is not President Buhari’s budget. He cannot really assess the ministers based on this particular budget. “They effectively took charge in the last four months, so it is not possible to assess them based on that,” the source explained.

On whether today’s broadcast to mark the country’s 56th Independence anniversary by the President will feature a major shakeup in the cabinet, the source said “the President’s speech on the Independence Day celebration will primarily focus on the economy.

New Telegraph

Fear Grips Top Ministers As Buhari Set For Major Cabinet Shake-up; See List of Ministers Likely To Be SACKED

An unconfirmed report suggests that barring last minute changes, President Muhammadu Buhari will make a major cabinet shake-up in the coming weeks. As a result, palpable fear seems to have gripped some cabinet members

This is coming, barely 24-hours when the Chairman of the Senate Committee on the Federal Capital Territory, FCT, Dino Melaye, called on  Buhari to shake up his cabinet, by getting rid of non-performing Ministers.

Buhari will soon reshuffle his cabinet, a presidency source confided, Post Nigeria reports

“Buhari will reshuffle his cabinet soon. Be rest assured that heads will roll,” the source said according to Post Nigeria

“Some of the Ministers are not capable of achieving the change-mantra. As I speak, high profile meetings are going on, to re-organise Buhari’s cabinet”.

In a statement on Sunday, September 4, Senator Melaye had also recommended the sack of three of Buhari’s top officials, adding that he is afraid his constituents could stone him someday, if the current administration continues to fail.

Those Melaye recommended for sack include: Minister of Finance, Kemi Adeosun; Minister of Budget and National Planning, Udoma Udo-Udoma, and the Governor of the Central Bank of Nigeria, CBN, Godwin Emefiele.

Melaye said: “The Finance Minister has not only displayed gross incompetence on the job, she also lacks the basic and rudimentary grasp of economic fundamentals necessary to run a critical sector of the Nigerian economy, like the Finance Ministry.

“It is time for her to go now, and pave way for a qualified and experienced person to steer the Nigerian economy away from the dark woods it has sunk presently, under her stewardship.”

About the Budget and National Planning Minister, the Kogi State Senator said: “To be sure, Senator Udoma Udo Udoma is a very charismatic man, an accomplished Lawyer, and a quintessential gentleman, with a fairly untainted reputation.

“In everyday parlance, he is a good man.

“But the critical job of a Budget and National Planning Minister for a huge country like Nigeria, with her prevailing economic challenges, requires much more than being a good man with a great personality.

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“As a Lawyer, accomplished in this field as he is, Udoma’s appointment to that position is nepotism taken to very ridiculous heights; and a classic case of putting round pegs in square holes. It will, and can never fit.

“It is akin to saddling a carpenter with a tailor’s responsibility. The outcome under the circumstances, as has become evidently clear, is bound to be catastrophic for the economy.

“President Buhari must therefore, do the needful now, by relieving Udoma of this huge burden that constitutes a clog to the revival of the Nigerian economy,” he said.

Melaye added, that the CBN Governor was guilty of “policy flip-flops, summersaults, and inconsistencies, which are clear evidence of gross incompetence in the management of the nation’s fiscal and monetary policies.”

“The net effect of this inconceivable ineptitude on the part of Emefiele, is the free fall in the value of the naira, and the total loss of faith and confidence by the international community on the Nigerian economy,” he said.

Melaye, advised President Buhari to “immediately transit from mere rhetoric, to drastic and positive action, in order to save the economy and Nigeria from total collapse.

“The hunger in the land is real, pervasive, widespread, and debilitating for the poor masses”.