Legislators and attorneys dispute on legislation pertaining to abuse of rights

The necessity for comprehensive legal changes to protect Nigerians' rights has set federal legislator Oluwole Oke against Abuja-based attorney Mike Ozekhome, SAN.

The chair of the judiciary committee is Oke, a member of the House of Representatives who represents the Obokun/Oriade Federal Constituency in Osun State.

In a phone interview with Saturday PUNCH on Friday, Oke stated that the laws of the country sufficiently protect human rights, adding that the only things left to do are enforce such rights and impose penalties in situations where violations are established.

"We have sufficient laws to safeguard and protect human rights," he declared. All that's required is that these rules be followed and that those who break them face consequences.

Ozekhome, on the other hand, responded negatively, stating that "reforms are urgently required in all ramifications." All aspects of Nigeria's judicial system, including arrest, imprisonment, investigation, charging, prosecution, filing of civil suits, hearing/trial, adjournments, delays, verdict, and case resolution, require significant changes, reorganization, and retooling.

The only way to stop judicial process abuse and corruption is to do this. It is necessary to completely reform the whole investigation and prosecution apparatus that flagrantly violates the fundamental rights of individuals. According to him, only these can stop human rights violations throughout Nigeria.

In a similar spirit, human rights advocate and constitutional attorney Abdul Mahmud declared, "Comprehensive legal reforms aimed at strengthening protections for individuals and the nation-state against individuals intent on destroying it, and holding perpetrators accountable, are necessary to address human rights abuses in Nigeria."

Labour Union threatens total showdown as FG persist on Electricity increase

 

Despite requests for its reversal, the Federal Government insisted on Friday on the 240% rate increase that electricity users in the band "A" category must pay.

It also disclosed that the short-term, subsidized electricity pricing system will be followed by a three-year transition plan to a fully cost-reflective tariff.

The Nigeria Labour Congress, however, was not pleased with the decision and advised the Federal Government to be ready for the fallout from the tariff hike, calling it "wicked" and "unpopular." The Congress further emphasized that the government should be prepared because it chose to heed the World Bank and International Monetary Fund rather than its own advice.

One Saturday PUNCH, NLC Head of Information Benson Upah stated, "We did say earlier that this tariff hike is insensitive and unpopular." Therefore, I'm convinced the government is equally ready to face the repercussions of its actions if it decides to carry out the increase or other wicked deeds.

"We also stated that this will harm enterprises and create a more hostile atmosphere, as the manufacturers are claiming. No manufacturing has ever benefited from high electricity tariffs anywhere in the globe. Not in the developed world, either.

Therefore, the minister's boldness in declaring that the policy will not change is beyond comprehension. This implies that neither the President nor the Minister are in command. That the minister chose to follow an unpopular course of action is heartbreaking.

"It demonstrates that the minister and the President are not in charge," Upah continued. The World Bank and the IMF are in command. They are the ones implementing this really harmful policy.

Thus, our leaders need to be ready for the fallout from this extremely harmful policy. That's all I have to say for now on this matter.

The Federal Government authorized and announced the tariff rise that around 1.9 million customers would have to pay on Wednesday, and manufacturers and organized labor had protested.

In the case of consumers in the band A category, which makes up around 15% of all 12.82 million power users nationwide, the electricity subsidy was discontinued entirely.

At a press conference hosted by NERC in Abuja, the government revealed the rise in energy prices. It said that individuals impacted would now pay N225 per kWh, as opposed to the previous cost of N68/kWh, or a roughly 240 percent increase.

According to the government, the choice became operative on April 3, 2024.

However, the Trade Union Congress, NLC, and the Organised Private Sector protested the increase in electricity user tariffs and called for the decision to be overturned.

They claimed that the pricing increase would drive small and medium-sized businesses out of business, aggravate inflation, and force manufacturers out of business. They also claimed that no area in Nigeria now enjoys up to 20 hours of electricity supply every day.

Those with a daily electrical supply of up to 20 hours are classified as band A power consumers.

Adebayo Adelabu, the Minister of Power, stated at a news conference in Abuja on Friday that the Federal Government will stick with the new rate system for Band A customers in spite of requests to reverse it.

He emphasized that the government would have to pay around N2.9 trillion in energy subsidies by 2024 and stated that this was because the government could no longer afford to pay such enormous amounts as power subsidies.

The minister declared, "We are under a price system known as subsidy pricing, in which a significant amount of the cost of generating, transferring, and distributing power is covered by the government.

"I must inform you that, as of right now, prior to the imposition of the rate hike, the government of Nigeria is subsidizing at least 67% of the expenses associated with generating, transferring, and distributing energy in the country.

According to the current currency rate, this will equal N2.9 trillion in 2024. This represents almost ten percent of the federal budget. The government must handle several industries, the electricity industry being only one of them.

"It will be very insensitive on our part to force or compel the government to continue to subsidise at the rate of almost N3tn for the power sector alone," stated Adelabu, who claimed that other ministries and sectors were in competition with one another for government funds. All we need to do is exercise consideration and realism.

He stated that the government will save over N1.4 trillion by eliminating the band A consumer subsidy and that this money would be used to advance other industries including health, education, and construction.

Although the minister pointed out that the power subsidy would only last temporarily, he maintained that the rate rise was pro-poor because the majority of people impacted were residents who could pay the expense.

He claims that the removal of the power subsidy from band A subscribers is only the beginning of the Federal Government's three-year strategy to stop providing subsidies for electricity.

"Our policy thrust of maintaining a subsidized pricing regime in the short term or the short term with a transition plan to achieve a full cost-reflective tariff over a period of, let us say, three years" is what he said in reference to the tariff review.

We at the Ministry of Power and our agencies are treating this as more of a test project. It is akin to a proof of concept that the people who own the infrastructure required to provide consistent electricity and experience 20 hours of light would be the ones to receive a tariff increase.

AEDC is fined by NERC

Contrary to the direction that only consumers on band A should pay the higher rate, the Abuja Electricity Distribution Company Plc imposed the new cost of N225/kWh to all consumer bands under its franchise regions within two days of the tariff rise.

For breaching its Supplementary Order on the April 2024 Multi-Year Tariff Order, NERC hit the company with a N200 million punishment.

NERC had to step in after several AEDC customers complained on Friday that they were not on band A and that their prices had increased to N225/kWh.

One client, Mr. Yakubu, just introduced himself and stated, "Interesting moment in Nigeria." I purchased an electricity token for N9,900 on Tuesday, April 2, 2024, and I received 135 units in return.

"Today, April 4, 2024, I purchased an electricity token for N9,900, receiving 40 units, in order to verify my placement in the NERC and AEDC social strata categorization of power consumption. There was no electricity available all night. Is it accurate to say that I'm liking band A, 20 hours of supply?

"The Nigerian Electricity Regulatory Commission has taken enforcement action against the Abuja Electricity Distribution Plc for non-compliance with the Supplementary Order to the April 2024 Multi-Year Tariff Order 2024 for the AEDC," the power sector regulator said in a statement in response to the development.

Due to their noncompliance with the recommended consumer band categories for tariff invoicing, the AEDC was fined ₦200,000,000.

"The AEDC had applied the new tariff to all customer bands, contrary to the order, which was designed to ensure fair billing practices," it was discovered via a thorough investigation and user comments, which led to this judgment.

According to the commission, this meant that the AEDC had to do the following: "a. Pay back all clients in bands B, C, D, and E, respectively, who were invoiced beyond the permitted customer categories/tariff bands specified in the order.

"b. Reimburse by giving the impacted consumers the remaining customer tokens they are entitled to at the relevant prices; all token reimbursements must be given to the impacted customers before April 11, 2024.

c. Pay N200,000,000.00 as a fine for the egregious violation of the commission's directive. d. By April 12, 2024, provide documentation to the commission attesting to your adherence to the instructions in a and c.

Atiku opposes the raise

The Peoples Democratic Party's presidential candidate for 2023, Atiku Abubakar, has forewarned the Federal Government that raising energy prices will worsen the situation for Nigerians.

In a statement he personally signed on Friday, Atiku said that the hike in energy rates would make things worse for the people, especially because inflationary pressures were rising.

Before enacting any changes, he cautioned the Federal Government, in particular NERC, to identify the underlying causes of inefficiency in the electricity industry.

Part of the statement said, "As per usual, the administration is implementing more reforms without providing enough advance notice or a suitable post-reform strategy to lessen the blow.

The removal of PMS subsidies and the floating of the national currency have left Nigerians facing severe hardships, which coincide with the hike in energy rates.

"Up until now, the administration has failed to effectively address the difficulties arising from the execution of those policies. The residents would face more challenges as a result of the power bill increase since inflationary pressures are rising. The effects on our industrial sector will also be detrimental. They are paying more for petrol, paying more interest on their bank loans, and earning more money overall because of the increased minimum wage. The folks under the president are driving the economy toward an even more dire situation. His changes lack a human element.

Prior to implementing any changes, it is crucial that we comprehend the underlying causes of the inefficiencies in the electricity industry. It is time to take another look at the privatization process that led to the Discos.

"Tinubu needs to make sure that these reforms are implemented in the right order, (b) take steps to lessen the pain, and (c) hold the NERC accountable for guaranteeing better service delivery."

Legislators' fault increase

The House of Representatives Minority Caucus demanded that the federal government pressure NERC to revoke the most recent nationwide increase in power rates.

The Minority Leader of the House, Kingsley Chinda, referred to the raise as inhumane and immoral in a statement released in Abuja on Friday. He said that it would put an excessive weight on the already stressed population, worsening economic problems and enlarging the gap between rich and poor.

We encourage Mr. President Bola Tinubu to persuade the power regulator, NERC, to retract this decision and prioritize the welfare of the people, according to a portion of the statement.

In order to address the underlying causes of the inefficiencies in the energy industry and guarantee lasting solutions that benefit all stakeholders—rather than a steady and continuous increase in tariffs—transparent communication and participatory decision-making procedures are essential.

"We want greater responsibility and openness in the way resources are managed in the power industry. The right to reasonable pricing policies that take into account their financial circumstances and effective service delivery are granted to all citizens.

Groups respond

The energy pricing rise was criticized by Obinna Ogbonna, a former president of the Joint Health Sector Union, and Georgewill Enefaa, the chairman of the South-South United Action for Democracy and the Rivers State Civil Society Organizations.

Enefaa stated that given the nation's economic circumstances, it was improper for the government to permit a rise in the price of power.

"This current administration represents capitalism, which is purely profit-oriented," he declared. Its design prioritizes profits over the well-being of the populace.

It is really pitiful and demonstrates the government's extreme insensitivity to the fact that it is unable to supply other energy sources, such as petroleum.

"They chose to boost electricity generation, one of the important methods of production, during a period when the nation's production is declining. It is, to put it mildly, cruel and savage. The simplest reason is that this administration wants to draw as much blood as possible from Nigerians' veins.

Ogbonna denounced the pricing hike, claiming that it came at a time when Nigerians were still dealing with the consequences of the gasoline subsidy reduction.

He continued by saying that it seemed like the Federal Government was experimenting with the economy and gave President Bola Tinubu and his economic team advice on how to directly correct it.

Magaji Sani, the president of the Nigeria Automobile Technicians Association, stated that the rise will have terrible effects on the organization's members.

He said that before discussing raising tariffs, the Federal Government of Nigeria should focus on providing dependable energy to its citizens.

"The implications of this increase in the price of electricity will be severe," he declared. First of all, there is no electricity. All that people do is manage what little they can see and add to it with generators. Increasing rates is what they are talking about, not repairing the electrical supply first. It must be of high quality if you want to sell something.

Everything in the nation is now highly costly, which is a difficulty. People are still getting used to the present inflation, and now you are raising the price of power. It's really regrettable. The administration was chosen by the people, thus it is unfair for them to suffer hardships in their daily lives. We are requesting that the government stop the hike.

AN ADOLESCENT GIRL DIED AT A BAYELSA HOTEL; POLICE ARE INVESTIGATING

Lucky Okubo, 17, has been taken into custody by the Bayelsa State police on suspicion of killing Shallon Ebitare, 14, at an undisclosed hotel.

The suspect was apprehended by police from the Ekeki division, according to a statement released by the Police Public Relations Officer, Musa Mohammed, on Friday. Commissioner of Police Alonyenu Idu has directed a covert inquiry into the incident.

According to the police, the suspect stated that he brought the underage girl to the hotel with the intention of having sex with her.

Operatives of the Bayelsa State Police Command detained a suspect in relation to the alleged murder of Shallon Ebitare, a 14-year-old resident of the Akaibiri village in the Yenagoa Local Government Area, after acting on reliable intelligence.

The statement claimed, "After being questioned, the suspect, one Lucky Okubo,'m,' 17, who was detained by police officers affiliated with the Ekeki Divisional Police Headquarters, stated he took the deceased to a hotel, where he intended to have carnal knowledge with her."

The deceased, according to the suspect, went to the bathroom to take a bath but collapsed and was hurt. Following this, he extended an invitation to the hotel management, who helped transport the corpse to the FMC, Yenagoa, where an on-duty physician pronounced her dead.

The suspect is being held in the SCID, Yenagoa, in the interim as the inquiry into the cause of death is ongoing.

It also stated, "A discreet investigation into the circumstances leading to the 14-year-old girl's death in a Yenagoa hotel has been ordered by the Commissioner of Police, Bayelsa State Command, CP Alonyenu Francis Idu."

On March 19, the court will decide on Nnamdi Kanu's bail request.

The leader of the Indigenous People of Biafra, Nnamdi Kanu, has filed a new bail plea. The Federal High Court in Abuja has set a hearing date of March 19, 2024, to decide on it.

Additionally, the court set March 20 for the start of the continued trial.

Since 2015, Kanu has been on trial for offenses including terrorism and treasonable felonies.

After serving 18 months in jail, he was previously granted bail on health grounds on April 25, 2017, but he left the nation in September 2017 following a military incursion into his home.

Following Kanu's discharge and acquittal by the Court of Appeal in October 2022, his trial was placed on hold.

The appellate court also ruled that Kanu's rendition from Kenya to Nigeria was illegal and illegitimate, and it overturned all of the federal government's terrorism-related allegations against him.

But the FG filed an appeal with the highest court against the ruling.

In its ruling on December 15, 2023, the Supreme Court mandated that Kanu's trial be continued.

The court ruled that no national statute could prevent a trial from proceeding because a suspect's rights had been violated.

Both the prosecution and the defendant got new attorneys at Kanu's reopened trial on Monday. For the prosecution, Adegboyega Awomolo (SAN) took over from David Kawse, and for the defendant, Alloy Ejimakor took over from Mike Ozehkome.

This modification was not explained in court.

Awomolo urged the judge to follow the Supreme Court's ruling, telling the court that the prosecution was prepared for trial.

He declared, "Counts 1, 2, 3, 4, 5, 8, and 15 were observed by your ruling in which the defendant pled not guilty. The Supreme Court upheld your decision. We implore your lordship to proceed with the case's merit-based hearing.

Our witnesses are prepared, and we are prepared to move forward with the case. We implore your lordship to follow the Supreme Court's ruling.

Ejimakor informed the court that he had submitted a preliminary objection along with an application for his client's bail.

However, Awomolo begged the court to extend his time so he could review the defendant's more comprehensive and improved affidavit.

"I am opposed to the bail," he declared. The longer and more thorough affidavit is lengthy. Although we can accept the preliminary objection, we must address it first.

Trial judge Justice Binta Nyako bemoaned the counsel's conduct, claiming it had previously resulted in proceedings being cut short.

"This is precisely how this case has been going since 2015," the speaker declared. I'm conversing with both parties. This is not the fault of any one party. You have been cutting things short.

"I've already written decisions on Kanu's bail requests nine times. A trial is not prevented by a bail request.

Given Kanu's declining health, Ejimakor demanded that the bail application be considered.

Additionally, Kanu's life was in danger due to the DSS's ongoing imprisonment of him.

"I implore my lord to grant the defendant bail," Ejimakor stated. We would want to underline that the 22-paragraph supplemental and improved affidavit, dated February 22, raises several difficulties. There were five exhibits filed in addition to the first four. It is important to note that this is an application for bail, not for reinstatement of bail.

"In the end, your judgment will determine what prevails when the defendant has a health issue, as stated in Section 161 of the Administration of Criminal Justice Act.

The defendant has a very serious health problem, as the papers clearly show. He has elevated blood pressure as well. The injuries they received in Kenya is still on file with this court, as is their prior status. He's been sick with a heart ailment lately.

"We humbly submit that the defendant's circumstances speak for themselves. Section 161's requirement has been satisfied. The DSS facility is not equipped to treat illnesses that pose a threat to life. The police and the DSS cells are the same. They lack the resources to care for him.

He faces a threat to his life if they keep him in custody. Their amendments were the reason for the adjournment. We have the right to submit motions. We had nothing to do with the wait to try him. Section 161 states that my lord has the authority to determine what additional circumstances apply to the bail requirements.

Ejimakor contended that Kanu would be unable to mount a strong defense if he remained behind bars.

He declared, "He cannot mount a successful defense while he is being held in custody if we are to have a fair trial in this case. We took a process to the DSS, who seized it. We are not permitted to take notes by the DSS. Max Opera, my colleague, was almost nude. In the room where we have our meetings, they have covert listening equipment.

Awolomo requested in his argument that the court reject the bail application and instead schedule an expedited hearing.

"We urged your lordship to dismiss and order accelerated hearing," the speaker stated. Section 161, which gives the judge this authority. The most important thing is that the applicants have to demonstrate that there are no medical facilities available to care for him.

"They are looking after him." Drugs have been administered to him. He didn't meet that requirement. Nothing remarkable, scientific, or medically verifiable to indicate that he is qualified for bail given the nature of the offense he is accused of. Long ago, an investigation and arraignment were completed. The trial is ready to begin. The best is to order an accelerated hearing.

The Supreme Court has resolved the rendition dispute, hence it is not admissible before this court. Furthermore, you are not bound by the rulings of other courts, and the verdicts they boast about have been challenged.

"At one point, this court records that he was granted bail, but he jumped it. Until your lordship sets it aside, that record stands. Furthermore, he does not swear in their affidavit that he will not post bail if it is granted. It is best for everyone involved if this case is decided based on merit. We are prepared and eager to work on this issue day by day in order to see that it is resolved.

Ejimakor asked the court to stop the DSS from seizing lawyers' files and forbidding them from taking notes during meetings with Kanu at their facility in his preliminary objection, which was filed on February 19.

In addition, he asked the court to respect Kanu's rights and desist from listening in on talks.

"We further request an order setting up a non-custodial center so Kanu can meet with attorneys of his choosing prior to the start of the trial.

"We tried to change him by bringing clothing, but he refused them. Notwithstanding your prior order, nothing has changed. Today, we had matters brought before the court. He continued, "There is no way he can mount a convincing defense while in custody.

Awolomo stated that the preliminary objection is a blatant misuse of the legal system.

He called it an insult to the court since, through the procedure, the defendant was telling the judge what to do.

"This is a complete abuse of the court process," stated Awolomo. It is not covered by our laws and is not based in the ACJA. Not even a lawyer of any caliber should be dictating to the court what needs to be done by a defendant before a trial can begin. The court is being insulted by this.

The purpose of the application is to irritate and postpone the process. It was decided that the lead counsel's letters would be the only ones approved. He was never stopped from following his instincts and changing advice. The DSS needs to keep his life safe. Additionally, the clothing you brought is IPOB-related.

The trial judge gave Kanu permission to wear whatever simple cloth that was provided to him.

"He should be allowed to wear any plain clothes they bring," she stated. Beads are not permitted. Please don't let me say this again. He is not allowed to dress in any traditional manner, not even Hausa.

Nyako postponed the decision on the bail application until March 19 and the start of the trial until March 20.

SEYI TINUBU COUNSELS NIGERIANS, "HARDSHIP: WE MUST ENDURE."

 

Seyi, the son of President Bola Tinubu, has pleaded for Nigerians to put up with the present suffering in their nation.

He feels that his father should have made these decisions years ago.

Despite the challenges facing the nation today, Seyi remains confident in its future.

On Monday, Tinubu announced this in an Instagram post.

He stated, "Watching this country's citizens bear burdens that ought to have been given up years ago brings no joy."

"I wish the problems we face today didn't exist. However, if we want to see the bright side of the future, we must persevere.