Tuesday 26 April 2016

Saraki's case cont.

Since the trial of the Senate president start at the code of conduct tribunal there has been calls from responsible citizens of the country demanding that the Senate president do the needful.

From now we would be airing people's views henceforth;
SARAKI: THE MOST SOUGHT AFTER ATM

Brand Olubukola Saraki has finally overtaken the CBN, as the most used and most sought after Automated Teller Machine (ATM).

ATM Saraki needs no typing of passwords or has no withdrawal limits. All you need to do is just say the word,"CCT TRIAL" and it will just open up for endless withdrawals. Check those who are withdrawing from ATM Saraki:

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1. 90 Lawyers:

These are made up of all kinds all lawyers, SANs, bribe-giving lawyers, charge and bail lawyers, injunctions and interlocutory seeking lawyers, court proceeding disrupting lawyers.

These lawyers are withdrawing from ATM Saraki at will. In order to keep withdrawing, they went from High Court to Appeal Court to Supreme Court. Even when Supreme Court, the final Arbiter, said Saraki has a case with the CCT, they keep telling Saraki otherwise. Now they have started the cycle again: from High Court to Appeal Court. In order for them to withdraw as much as they can, they are using all kinds of tactics to delay and elongate the trial. When they are done, most of the will withdraw from the case and leave the Senate President to his own fate.

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2. 1500 Islamic Clerics:

These includes Imams, Alfas, and Lemomus. These are complimenting the lawyers using spiritual means. They have not been fasting and praying for Saraki since his ordeal started. They withdraw from ATM Saraki 24/7 and they will continue to withdraw from ATM Saraki utill Olubukola Saraki’s ordeal is over.

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3. Rented Crowd:

These are made up of mostly jobless youth and women. They carry placards, sing and dance under the scorching sun to draw attention of the public. Although they are poor, they have also found the coded password and they are withdrawing from ATM Saraki even though their withdrawal is in low currency.

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4. Dele Momodu:

Bob Dee can befriend a dog as long as it has enough money to part with. There are two person he hasn't been able to penetrate: Davido and President Muhammadu Buhari. I remember how he attempted to seek audience "obtain favour" from President Muhammadu Buhari. He took a photo of himself in "crocodile tears" and wrote a long letter to the President. The plan didn't work. Now he has found one in Senate President Saraki. And trust Bob Dee! He is withdrawing at will. Dele Momodu wrote a letter to Bukola Saraki. Dele Momodu wrote a reply to his letter on behalf of Saraki. Both thought they can fool Nigerians. But how can two fool over 180m Nigerians?

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5. The So-Called Eminent Lawyers:

Justice Salisu Alfa Modibo Belgore, Justice George Oguntade, Justice Samson Odemwingie Uwaifo, Prof. Ben Nwabueze (SAN), Chief Nnoruka Udechukwu (SAN), Chief Mike Ozekhome (SAN), and Olalekan Ojo are withdrawing from ATM Saraki big time!
These characters were erroneously referred as "Eminent Lawyers" in a story published in the Vanguard newspaper few days ago. It still beat my imagination as to why they were referred to eminent, as most of them are no longer in active law practice. Moreover, most of them were known to be corrupt. For instance, Belgore was the lead person who recently assisted Bukola Saraki in searching for corrupt judges to stop his trial, but every step of the way Sahara Reporters countered his team with exposes over and over again.

But how long will these groups of people keep withdrawing from ATM Saraki? Will the money in ATM Saraki ever finish? Will Bukola Saraki keep aquiet and allow these groups of cankerworms, locusts, palmerworms and caterpillars to keep withdrawing from him at will?

Only time will tell.



On another forum on facebook, citizen  Ola Yinka Aina responded to Saraki  " Ola Yinka Aina Senator, please don't obfuscate the issues, which are:

You under-declared  your assets in anticipation of future stealing!

You maintained  foreign accounts as against the dictates of the public office you hold!

You lodged monies into those accounts while you were a Governor

You continued to recieve your emoluments of a Governor years  after you had ceased to be one!

You stole various sums of money running into billions of Naira as a governor of Kwara state and laundered them through GTB, SGB, purchasing properties in Nigeria and outside Nigeria.

The Panama leaks indicated you were operating shell companies from the proceeds of looting Kwara state dry!

You have not responded to any of these. Rather you are responding to a pen-for-hire soft sell magazine proprietor whose means of livelihood from celebrating those who stole out collective wealth in his "OVATION" has been  cut short, recoursing to the usual divide and rule tactics like  " Tinubu made me steal;  I am being witch hunted; My trial is a political persecution because I opposed Muslim - Muslim ticket;  Am I the only ex governor that stole; Tinubu should also be prosecuted etc etc;

Sir, you are simply a grand  thief, a crook, unfit for public office! Just go away, disappear, just fade. You are an embarrassing presence!

Senator, you credit Nigerians with less intelligence than they actually possess! Address the issues please!"

To me, a thief is a thief whether moslem or christain.

Sunday 24 April 2016

Happy birthday my dear wife


With all praise and thanks on the gratefulness and glory of the Almighty Allah I wish to felicitate with my love and companion of 28yrs Moriam Bello on today special occasion of your birthday, may you live more and prosperous years ahead. HBD & LLNP my LOVE. You are but one in a millions



Ololufe mi oludamoran ati alabarin mi lati odun mejidinlogbon ENI bi okan mi Moriam Bello, Folashade Omo Balogun Ibikunle kinniun Onibudo igba odun odun kan ni o, aseyi samodun ololufemi owon
..


Friday 22 April 2016

Last minutes of CAC church founder

HOW APOSTLE JOSEPH AYO BABALOLA DIED - PROPHET I.O. OGEDEGBE

Until his sudden departure to glory on Sunday, 26th July, 1959, Apostle Joseph Ayo Babalola showed no sign of illness. On Friday 24th July, he returned to Ibadan to attend the general council’s meeting slated for that day. On Saturday morning, 25th July, Apostle Babalola conducted the morning prayer for ministers and members living in the vicarage of C.A.C. Olugbode, Ibadan and prayed for everybody. The same day, he sent two of his followers, Michael and another fellow to me at Ede that I should prepare a place for him to sleep. I never knew he was talking of his final sleep. Apostle Ayo Babalola arrived Ede around 6:30 in the evening that Saturday and he was gladly received. Before his arrival, I had prepared my bedroom ready for him.

We ensured that nobody was allowed to rush into the bedroom with him; for it was Apostle Babalola’s habit that he never turned away anybody who came to him for prayer and counselling, no matter how weary he might be. After prayer, I informed him that his meal was ready. He declined to take any meal but requested to be allowed to have some sleep, because he had been holding series of meetings since the past nine days with little or no rest. He woke up three hours later and took some tea and slept off again. At 4a.m. on Sunday 26th, he woke up, took his bath, took some tea and had his morning meditation without any disturbance.

At 6 o’clock, I went to him in the bedroom and he began to talk about a great convention which will soon be held at his hometown, Odo-Owa. He was speaking in parables, so I did not suspect that he was talking about his approaching death. He directed me to call in Prophet Babajide who was in the adjacent room. Both of us knelt down beside his bed and he began to narrate to us how he began his ministry. It was such a sublime experience. Both of us just listened; we did not utter a single word during the course of his narration.

After this, we knelt down for prayer. The three of us prayed. I took the lead. Prophet Babajide followed. When it was Apostle Babalola’s turn to pray, he prayed for a very long time, praying for the church, the leaders and for us too. After the special service, people came to Apostle Babalola in my bedroom and bid him farewell before leaving for their various destinations with joy and humour. He bid everyone farewell and prayed for them. Nobody suspected through his speech or action that death was lurking in the corners. We left him alone to attend to those who were waiting to see him.

Meanwhile, Michael Osabi and Samuel Oluwatusin, the two young men who used to wait on him, remained with him as he took a nap. When he woke up, he called me and returned my covering-cloth to me. His action surprised me and I asked, “Baba, why are you doing this?” He replied, “A man should sleep with his own clothes.” It did not occur to me that he was speaking of his imminent death. He advised me to go and have some sleep myself. By then, everybody else had gone to church for the evening service. Around 5p.m. as he lay on the bed, Apostle Joseph Ayo Babalola breathed heavily three times, saying after, “in the name of the Father, and of the Son, and of the Holy Ghost.” His breathing was like the rumbling of a rain-storm and there was a great vibration in the bedroom. As this was happening, his personal attendants (Michael and Samuel) ran to call me to his bedside before he gave up the ghost. We began to pray and quickly sent for the church leaders who had gone to church for the evening service.

We all prayed for his restoration. But while this prayer was on, the Lord opened my spiritual eyes to see what was happening in the heavenlies. The heavenly hosts had come to meet this great prophet and joyfully admitted him into the glory above. He had laid down his sword at Jesus’ feet. So he could not return to earth again.

The church leaders and the elders who were present arranged for Apostle Babalola’s corpse to be taken to EFON ALAAYE that same night.



Thursday 21 April 2016

Can Nigeria Senate be scrapped?

Is It Constitutionally Possible

for the scrapping of the upper legislative chamber because of their gross misdemeanor and belligerent behaviour and insensitivity to yawning and aspirations Of the populace. The activities of the 8th Senate is seen as serious affront to our delicate democracy. Analysis the procedure for scrapping this bogus would take a lot of deliberation and consultation in part and in series.
Here to set the Ball rolling is this special opening contribution from a learned friend;



To Abolish The Nigerian
Senate?

By Inibehe Effiong

This piece is precipitated by a private message I
received from a friend on Facebook on Wednesday
April 20, 2016 seeking to ascertain whether it is
possible to abolish the Senate of the Federal
Republic of Nigeria.

Without hesitation, I responded pointedly to the
requisition by stating that it is practically impossible,
but with a proviso that a revolution can make it
possible. I further intimated the said friend that
though it is constitutionally possible for the Senate
to be abolished, it is very unlikely for that to happen.
We will appreciate in the latter part of this essay that
this is not about pessimism.

With recent appalling and scandalous developments
in the National Assembly, particularly in the Senate,
the age long agitation by a section of the public for
the abolition of the Senate is resonating. The
Senator Bukola-Saraki-led Senate has been in the
news since its inauguration for all the wrong
reasons. It is indeed a national embarrassment that
we have a Senate President who shuttles between
the presiding officer’s seat in the Senate chamber
and the dock at the Code of Conduct Tribunal (CCB).
This is incompatible with the tenets of modern
civilisation.

It is even more reprehensible that Mr Saraki is
enjoying the support of his colleagues in a manner
that portrays the Senate as a corruption infested,
morally depraved and self-serving institution. How
can the law making body of a nation in the 21st
century be shut in solidarity with its principal officer
who is standing trial for corruption? This is not about
the presumption of innocence that Section 36 (5) of
the Constitution guarantees to every person. It is
about our moral compass and ideological direction
as a nation. In saner climes, the Senate President
would have honourably resigned the moment he
became a subject of negative public controversy.
Given what the National Assembly and the Senate in
particular has become over the years, is it
constitutionally possible for the Nigerian Senate to
be abolished?

For us to properly underscore the possibility of
abolishing the Nigerian Senate as advocated by a
section of the public, I will examine briefly the
constitutional fundamentals on the subject.
Legally, neither the Senate nor the House of
Representatives can be abolished or abrogated
without the alteration of the enabling provisions of
the Constitution of the Federal Republic of Nigeria
1999 (as amended) (subsequently referred to as the
Constitution).

The Senate is a creation of the Constitution.
Specifically, Section 47 of the Constitution provides
that “there shall be a National Assembly for the
Federation which shall consist of a Senate and a
House of Representatives”. Section 4 of the
Constitution vest the legislative powers of the
Federal Republic of Nigeria in the National Assembly.
The general procedure for altering the provisions of
the Constitution is as enshrined in Section 9 of the
Constitution.

The power to alter the provisions of the Constitution
is vested exclusively in the National Assembly. It is
only when two-thirds of all the members of each
house of the National Assembly have passed a Bill to
amend any provision of the Constitution that the
concurrence (resolution) of at least two-thirds of the
thirty-six Houses of Assembly in the country and
presidential assent will be required for same to
become law. If the subject of amendment relates to
Section 8 (State creation) or Chapter four
(fundamental human rights) of the Constitution, at
least four-fifth of all the members of each house
must support the amendment.

Although there is no specific provision for
presidential assent for the purpose of altering the
Constitution under Section 9, it is submitted that
since the Constitution can only be amended through
the instrumentality of an Act of the National
Assembly, a presidential assent is required.
This argument is anchored on the provisions of
Section 58 (1) of the Constitution which provides
that “the power of the National Assembly to make
laws shall be exercised by bills passed by both the
Senate and the House of Representatives and,
except as provided for under subsection (5) of this
section, assented to by the president”. Under the
subsection (5) supra, the National Assembly can
override the veto of the president where the latter
withholds his assent. Furthermore, by Section 2 (1)
of the Interpretation Act Cap. I23 L.F.N. 2004, “An
Act is passed when the Bill for the Act is assented to
by the President”.

A community reading of the provisions of Sections 9
and 58 (1) of the Constitution leads to the irresistible
conclusion that a presidential assent is mandatory in
the alteration of the Constitution. It is a trite
principle of constitutional interpretation that the
provisions of the Constitution should be read as
whole and not in isolation. The Supreme Court of
Nigeria had settled this principle in the locus
classicus case of Attorney-General of Bendel State
v. Attorney-General of the Federation (1983) NSCC
181.

The Federal High Court, Lagos Division, presided
over by Justice Okechukwu Okeke had rightly held in
November 2010 that the first and second alterations
to the 1999 Constitution were inchoate (incomplete)
except assented to by the president. A former
president of the Nigerian Bar Association, Mr Olisa
Agbakoba, had sued the National Assembly for
failing to send the alteration Act(s) to the president
for assent.

The 1999 Constitution has so far been subjected to
three successful alterations. The fourth alteration
Act which had, inter alia, sought to dispense with
presidential assent to the alteration of the
Constitution, was truncated because former
president Goodluck Jonathan vetoed it. The threat by
the seventh National Assembly to override
Jonathan’s veto to the fourth alteratation Act led to
a legal battle in the Supreme Court between the
President and the National Assembly. Eventually, the
dispute was settled out of court just before the end
of the last administration in May 2015.
Our current bicameral legislature is a creation of the
Constitution. Therefore, it can only be changed in
favour of a unicamaral or simple house parliament if
the Constitution is amended to that effect by the
National Assembly and assented to by the president.
This involves a long but achievable process which
can be initiated through the sponsorship of a
constitution alteration bill by either a member of the
National Assembly; the Executive or a private citizen
through a member of the National Assembly.
Another possible way of actualising a unicamaral
legislature for the federation is through a Sovereign
National Conference (SNC). However, the
convocation of a SNC must be preceded by an
established legal framework. In which case, recourse
must still be made to the National Assembly to put
the necessary legal framework in place. The last
attempt to hold a national conversation on the future
and structure of the country did not meet the
aspirations of progressive Nigerians.
The last National Conference convened by former
president Jonathan was a far cry from what the
proginators of the idea of a nation conference
wanted. Notwithstanding its limitations and
deficiencies, there were commendable
recommendations in the report of the conference
that should be implemented in the interest of
national cohesion.

It should be noted that the paternity of the current
1999 Constitution is traceable to Constitution of the
Federal Republic of Nigeria (Promulgation) Decree
No 24 of 1999 promulgated on the 5th day of May
1999 by General Abdulsalami Abubakar, the then
Head of State and Commander-in-Chief of the
Armed Forces Federal Republic of Nigeria.
Since the Constitution itself is the child of a Decree
(now an Act of the National Assembly by virtue of
Section 315 of the Constitution), her life and
existence can be brought to an end by repealing
Decree 24 of 1999. This will only require a simple
majority vote of all the members of each house of
the National Assembly and the assent of the
president. The SNC can then be empowered by the
repealing Act to draft a new constitution for the
country that will establish, among others, a single
house of parliament for the federation.
Unfortunately, there is no clear provision under the
Constitution for a national referendum in the country
on critical issues that affects the corporate existence
and structure of the Nigerian state. The implication
is that the Nigerian people are not constitutionally
empowered to determine the fate, structure and
system of government of their country except by
voting for their preferred candidates and political
parties during elections and by engaging in civic
engagements like protests, etc.
Ironically, Section 14 (2) (a) of the Constitution
declares that “sovereignty belongs to the people of
Nigeria through whom government by this
Constitution derives all its powers and authority”,
that provision apart from being non-justiciable by
virtue of Section 6 (6) (c) of the Constitution, does
not guarantee the Nigerian people the practical
assertion of sovereign power over their government
and country.

Except there is a new legal order in the country by
way of a revolution – either through a military coup
or a people driven national mass movement similar
to the Arab spring, it is constitutionally not possible
for the current system of government whether in the
legislative, executive or the judicial arm to be
changed without reference to the National Assembly.
I need to say clearly that military intervention is an
anathema to democracy and civilization and would
never be tolerated again in this country by Nigerians
and the international community. Therefore, that
option is not open for consideration.
The saddening reality today is that the vast majority
of Nigerians are neither willing nor prepared to take
back their country. This is why the advocacy for the
abolition of the Senate may never be actualized until
our people rise above the cleavages orchestrated by
political partisanship and the obsession for divisive
ethnic-religious interests.

For the National Assembly to sit and consider
altering its structure in the national interest will not
only amount to an act in self-censorship but self-
annihilation. No matter how imperative such an
objective may seem, the current crop of legislators
in Nigeria are too destitute in patriotism to even
contemplate such a radical and privative objective. It
is simply impossible.
The National Assembly is populated largely by people
who are after their primordial and pecuniary
interests. We have in the National Assembly people
that are under criminal investigations in Nigeria and
abroad. Though they may appear divided at times on
issues of policy, they are unapologetically united in
matters that affects their welfare and collective
existence. Our MPs are not willing to consider any
proposal that will seem like a class suicide. The
National Assembly members will not advert their
minds to their tribes, regions, religion or political
parties the day the issue of abolishing the Senate
comes up for deliberation in the National Assembly.
In 2012, Senegalese MPs voted to abolish the senate
as part of moves to help the victims of deadly floods
that ravaged the country at the time. President
Macky Sall had said the money reserved for the
upper house – about $15m – will also go towards
preventing further flooding.

Unlike Senegal, our legislators are proposing
legislations to protect and entrench themselves. It is
most improbable for lawmakers who have refused to
cut their prohibitive and abominable allowances to
alter the Constitution and abolish the Senate. We are
talking about lawmakers that have the unmerited
record as the highest paid in the world.
It is true that the bicameral legislature is too
expensive for the country to maintain. We cannot
continue to service the insatiable propensity of 109
senators and 360 members of the House of
Representatives. Their bogus allowances is not
sustainable. Let us revert to a part-time legislature
where lawmakers will only sit when occasion
demands and receive sitting allowances only. We
can endure the House of Representatives; but the
Senate should be abolished.

The starting point is credible elections. Our electoral
process should be sanitised. It is only when
lawmaker are freely and fairly elected by the people
that the desire for a unicamaral legislature will be
given serious attention by the National Assembly. We
must constantly engage our representatives. Recent
developments in the National Assembly has shown
that with vigilance and civic action by the citizens,
we can force our lawmakers to do our wish.
Let the struggle continue.

Inibehe Effiong is a Constitutional Lawyer and the
Convener of the Coalition of Human Rights
Defenders (COHRD).

inibehe.effiong@gmail.com

Hair styles

Latest braiding.












Monday 18 April 2016

Senator Omoworare takes on CCT Act amendments

The Senate committee chairman on  Rules and Business bear his minds on the proposed amendment of code of conduct tribunal and code of conduct bureau act,which I found very interesting to share;



LEGISLATIVE SACRILEGE: PURPORTED AMENDMENT OF THE CCB&T & ACJA ACTS by Senator Babajide Omoworare

Instead of making uninformed contribution on Senate Bill 248 - A Bill for an Act to Amend the Code of Conduct Bureau and Tribunal Act Cap. C15, Laws of the Federation of Nigeria 2004 and for other Related Matters proposed by Senator Peter Nwabuoshi; I have decided to have a deep breath and have a second look at the laws and other ancillary matters. Let me say ab initio without mincing words that I oppose the Bill in toto on points of law and I am averse to same for moral reasons, having taken more than a cursory look at the Constitution, the Code of Conduct Bureau and Tribunal Act, the Bill in question and the Lead Debate of Senator Nwabuoshi.

It is important to note that another Bill is pending before the Senate: Senate Bill 249 - A Bill for an Act to Amend the Administration of Criminal Justice Act, 2015; and for Other Related Matters by Senator Isah Misau. The purport of the amendment is to amend Section thereof and ensure that the ACJA does not apply not only to Court Martial, but also to such other Courts and Tribunals not listed in Section 6 (6) of the Constitution. I have also looked at the ACJA and this Bill and I do not agree with same.

As stated earlier the thrust from my informed perspective of proposed amendment of the Administration of Justice Act, 2015 is to remove the Code of Conduct Tribunal from Courts that the ACJA provisions will be applied. Thus, the Bill provides thus: “(2) the provisions of this Act shall not apply to a court martial and such other courts or Tribunal not being courts created and listed under section 6(6) of the Constitution of the Federal Republic of Nigeria 1999 as amended”. Therefore! the Code of Conduct Tribunal, not expressly listed under section 6 (6) of the Constitution of the Federal Republic of Nigeria 1999 as amended, the provisions of the Administration of Criminal Justice Act, 2015 will not be applicable to it.

The nature of the formal Bill is to ensure that Public Official is invited and he or she gives a written statement before an action is filed by the Bureau before the Tribunal. Senator Nwabuoshi argued in his Lead Debate that doing otherwise is unconstitutional in view of Section 36 (2) (a) of the Constitution. The Bill also purports to amend Paragraph 17 of the Third Schedule of the CCB&T Act. For all intents and purposes, the said Paragraph 17 allows the use of the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC) for the Southern and Northern Nigeria respectively. With the promulgation of the ACJA in 2015 by the 7th Senate, CPA AND CPC have been 'substituted' by ACJA. He further argued that going by the Long Title of the extant Act, the Act does not "contemplate" a criminal trial

The foregoing is the essence and the intention of the Distinguished Senators who are the Sponsors of this Bill.

My opposition to the CCB&T Amendment Bill, which has been committed to the Senate Committees on Judiciary, Human Rights and legal Matters; and the Senate Committee on Anti-Corruption, and the ACJA Amendment Bill is that it will make the CCT a glorified Magistrate Court, which it is not. The ACJA will stop applying to it. Whilst I admit that the CCT is not listed in Section 6 of the Constitution, it would have been better to bring an amendment under the Constitution to add it. Already, the CCT exercises criminal jurisdiction. This so because the proceedings before the Tribunal is criminal proceedings similar to the courts listed under Section 6(6).

Usually, trial before the Code of Conduct Tribunal is commenced with a formal charge containing the offences of the accused, it is the State, through the Attorney General of the Federation that normal prosecute any Public Officer that contravenes the Code of Conduct, plea are also taken, the accused usually sit in the Dock "accused box" and most importantly, the Constitution gives the Code of Conduct Tribunal power to impose punishment under paragraph 18(2) of the fifth schedule, part 1 to the Constitution.

The Black’s law Dictionary, eight edition at page 1269 defines "punishment" thus;
“A sanction-such as a fine, penalty, confinement, or loss of property, right, or privilege-assessed a person who has violate the law”.

Glanville Williams in his book Criminal Law of page 575 equally defines "punishment" thus;
“Punishment in all its forms is a loss of right and advantages consequent on a breach of law. When it loses this quality it degenerates into an arbitrary act of violence that can produce nothing but bad social effects”.

However, there are very interesting things or powers the Code of Conduct Tribunal enjoys under the fifth schedule, part 1 to the 1999 Constitution of the Federal Republic of Nigeria (as amended) which makes of the constitution of the Federal Republic of Nigeria 1999 (as amended).

So we can see that the word “punishment “is used in relation to criminal proceedings it is a consequence on a commission of crime.

Hence the proceeding before the Code of Conduct Tribunal is Criminal in nature and as such there must be Rules of Procedure to guide the proceeding before it. More importantly, appeal from the Code of Conduct Tribunal, like the above mentioned courts, lies at the Court of Appeal. Paragraph 18(4) of the fifth schedule, part 1 to the 1999Constitution of the Federal Republic of Nigeria provides thus;
“Where the Code of Conduct Tribunal gives a decision as to whether or not aperson is guilty of a contravention of any of the provisions of this code, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the court of Appeal at the instance of any party to the proceedings.”

Whilst the foregoing has shown enough that provision of punishment indicates that CCT is a Criminal Court, more importantly Item 18 (2) (a) (b) (c) show that acts of vacation of office or seat; disqualification from holding legislative office or public office for a period not exceeding 10 years and seizure of properties acquired in abuse or corruption of office; amount to "punishment".

The most interesting jurisprudential point of law however seems to be that the same facts that form the cause of action in the matter in the CCT, may form the cause of action in another Criminal court for further actions (for instance, prosecution to conviction and sentencing) without amounting to "Res Judicata", "Plea of Autrefois acquit or convict" ( See Section 277 ACJA 2015), or "Double Jeopardy" (Item 18 (3) Fifth Schedule of the Constitution).

The Long Title of a Bill, not containing "Crime" is no conclusive argument that the CCB&T Act does not envisage criminal proceedings at CCT, in fact, as can be gleaned from the above, the converse is true situation.

Furthermore, the Supreme Court had ruled against the Senate President that the Code of Conduct Tribunal is a court of law.

If Administration of Justice Act, 2015 is not applicable to the proceedings of the Tribunal, which rules of procedure will be applicable? So there will be a serious lacuna if the Sponsors of this Bill succeed in seeing that the amendment is passed and becomes law.

In addition to the foregoing, the CCT even though not among the courts listed under section 6(6) of the Constitution of the Federal Republic of Nigeria, 1999, is my humble submission of the same status as the Federal High Court, State High Court and the National Industrial Courts. Items 67 and 68 of the Exclusive Legislative List are quite wide enough to accommodate same.

Be that as it may, instead of amending the Administration of Criminal Justice, Act 2015, why can’t we amend the Constitution to list the Code of Conduct Tribunal among the courts listed under section 6(6) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The concomitant effect of the proposed amendments is to exclude the use of the ACJA in the matters relating to CCT. Less we forget, the ACJA passed by the 7th Senate enables matters to be expeditiously prosecuted. Trials are now meant to be taken "day by day" instead of the grant of long adjournments ( see Section 396 (3) & (4)). Furthermore, gone were the days when an interlocutory appeal is filed and a stay of proceedings is obtained until the interlocutory appeal is dispensed with (see Section 306 ACJA 2015).

Penultimately, I will like to address the issue of the effect in the unlikely event of the passage of these Bills. Any matter pending at the moment can not be affected by any amendment! A law with criminal flavor cannot have retrospective effect! Section 4(9) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) states as follows:
“Notwithstanding the foregoing provisions of this section, the National Assembly or a House of Assembly shall not, in relation to any criminal offence whatsoever, have power to make any law which shall have retrospective effect.”

My position therefore is that these amendments to both the CCB&T Act and the ACJA Act amount (as seen above) not only strange in law, but remains morally a legislative desecration of the hallowed red chambers and ethically a parliamentary sacrilege of all known urbane tenets of a civil society. The timing seems injurious and the acts seem self seeking and self regarding. I take an immediate note that the Deputy Senate President sat on the day the Second Reading came up; without impugning on Order 53 Rule 7 of the Senate Standing Rules - which forbids imputation of "improper" motives to any other Senator, this alone does not satisfy the strict test of nemo judex in causa sua (a judge does not sit in his own cause) on the part of the Senate President, but also on the part of the entire Senate. The Senate President and the Senate as a whole will be judged in the public space has suffering from desperation of no small proportion.

Babajide Omoworare CON is the Senator Representing Osun East Senatorial District and the Chairman Senate Committee on Rules and Business.

Is Saraki gone?

Most observers of Nigeria political terrain were highly upset by the infallible method the current Senate president employed in fighting his corruption case because of the shame he has cause the exalted post of the Senate president of the federal republic of Nigeria. But this writer captured my imagination.




THE RISE AND GUARANTEED FALL OF BUKOLA SARAKI...
~~~~~~~~~~~~~~~~~~~~~
Saraki left the PDP for personal reasons, not because he wanted CHANGE. This is evident in his behaviour since APC became victorious. APC trusted Saraki, took control from Belgore just to
please Saraki. APC asked both Belgore and Lai Mohammed to relinquish the state leadership to
Saraki. While Lai choicelessly agreed, Belgore left APC saying 'I can never be in the same party with Saraki talkless of him leading me'. Raji Fashola spoke and appealed to his bosom friend Belgore not to leave APC but the latter sought Fashola's
understanding on the fact that Saraki is not a human being and that APC will regret having Saraki in its fold.

~~~~~~~~~~~~~~~~~~~~~
APC openly celebrated Saraki. Saraki nominated every single political appointments in Kwara. He took over the structure of the APC in Kwara. APC narrowly won Kwara with a little over 100k votes above the PDP. Race for Senate Leadership began. This slot would have naturally gone to the SE had Ngige or other experienced APC senatorial
candidate won but APC NASS conflict's foundation was laid by the rejection of the party in the SE! Therefore, 3 major lucky contenders
were jostling for the Senate President position. Lawan from NE, Saraki and Akume from NS all
wanted to fill the vacuum created by the SE.

~~~~~~~~~~~~~~~~~~~~~
Buhari and APC preferred Lawan from the NE instead of Tinubu's friend Akume and Atiku's choice Saraki. Tinubu being a smart man quickly asked his friend Akume to step down for the Party's and President's choice Lawan. Akume,
another reasonable politician agreed!
Tinubu is not just a driver, he also knows when to accelerate and when to step on the brakes!!!
Atiku and Saraki kept on accelerating even when it was obvious that the duo have approached the zebra crossing!!! A warrior that knows how to fight that does not know how to run when necessary will eventually perish in the battlefield!

~~~~~~~~~~~~~~~~~~~~~
Saraki and his pushers became arrogant and resolute to disgrace the APC and the President.
All appeals by leaders of their party did not hold water. Saraki said he wanted due process, hence, the party organized a primary election to please him. In the open and transparent due processed
primaries, Saraki lost the election and instead of staying within his team and agree with the APC
Senators decision, he betrayed the APC and teamed up with the PDP to steal the hard earned victory of the APC through the back door. He wanted SP even if heavens will fall. He eventually stole it while 95% of his colleagues were away, he joined the PDP to ridicule CHANGE. He did not stop there, he made the PDP DSP!!! Ha! What wickedness??? What a deadly traitor??? The party
was battling with the humble pie and sought further reconciliation by asking Saraki to give other leadership positions left to its preferred choices, at least to calm nerves and save the party from national disgrace, but Saraki once
again injured the party and announced his own preferred choices behaving like 'IGE ADUBI' the
one who cares less whether or not his mother or father died on the day of his birth!

~~~~~~~~~~~~~~~~~~~~~
The intentions of Saraki became very clear to. He wants the APC to fail, disgraced and destroyed for ambitions that have 2019 written all
over it. He had gone back to his former husband the PDP, a party many of them left because they
said "its a den of corrupt visionless people".

~~~~~~~~~~~~~~~~~~~~~
But the concern of Buhari is different from the APC's. Buhari wants to eradicate corruption but how can Kwara Corruption King lead from the
senate??? Number one priority of Buhari's administration has been ambushed by thieves from the NASS. Buhari, a soldier and a war tested veteran will not give up the fight to eradicate corruption in Nigeria. His preference for Lawan has nothing to do with politics but with policies! Saraki obviously has
constituted himself to be a clog in the wheels of CHANGE. He had become the arrow head of Business as Usual in a government of CHANGE!
Therefore his book of remembrance was opened. His judgement became expedient. Since he wanted to be one of the leaders in the government of Change, he must be thoroughly
searched.

~~~~~~~~~~~~~~~~~~~~~
Buhari the first leader had been searched, Osinbajo the second leader had been searched, so why will Saraki the 'third' leader avoid search??? You cannot eat your cake and have it!!! And as each day progresses, it is becoming increasingly clear that this 8th assembly led by Saraki would
be the butt of all jokes. Imagine an assembly that a bill as important as the money laundering act from the president is toyed with since January, while the one involving CCT that is to 'help a neighbour while his house is burning' scaled second reading within 48 hrs. What a big shame to the nation.

~~~~~~~~~~~~~~~~~~~~~
Until a selfless leader emerges as the senate president, even the one who professes common sense would continue to be a tiger on twitter and
a cat on the floor of house. We the people must rescue our nation from the greedy lots who call themselves senators. # OccupyNassNow is a
MUST. # SarakiMustResign is non-negotiable.

~~~~~~~~~~~~~~~~~~~~~
Those who want to hold high positions in Nigeria would henceforth check themselves very well. You
dare not present yourself if you have skeletons in your cupboard. This is not a joke! CHANGE has come to Nigeria and he who must come to equity must come with clean hands! And that is what we mean by Common Sense Revolution!
Let the revolution begin now.
Credits: GEORGE OLUWANIYI & ILORI MICHAEL.

Saturday 16 April 2016

Technology Part 1

We needs technology to developed our economy so Nigeria government should endeavor to embraced technology in all aspects of our economic development so imagined this magnificent carrots field harvester,very dynamic and important technical development.








Sheik Adam El- Ilori


SHAYKH ADAM ABDULLAHI AL-ILORY

Shaykh Adam Abdullahi Al-Ilory, a native of llorin, was born in 1917 at Waza in Dendi Local Government of the Republic of Benin. His father was an Islamic Scholar, preacher and Imam of Waza in his life time. Shaykh Adam himself was actually born during one of his father's Dawah activities in the birth place of his mother. At that time, his mother, Aishah, was a princess of the reigning king of the town. Sheikh Adam grew up in Benin Republic and started learning the Quran under his father until about the age of 13 when he returned with his parents to the city of llorin. He also studied under Shaykh Umar in Lagos and later furthered his studies under Sheikh Adam Nam'aji. After which a Kano born Islamic Scholar, he was sufficiently confident of himself and satisfied with his acquired knowledge so far.

In 1946, he travelled to Cairo and submitted himself for examination at Al-Azhar University. The results of the examination proved his confidence right as he passed with credits and was awarded the University's Certificate in Arabic and Islamic Studies that year. He then travelled to Mecca to perform that year's Hajji where through interactions with some scholars there, he was adjudged to be a brilliant and talented young scholar.



Shaykh also travelled widely. Apart from Egypt and Saudi Arabia, other countries visited in search of Islamic materials and exposure included Sudan, Senegal and Somalia where he also attended many conferences. Shaykh Al-llory founded Markazu't-ta limi l-Arabi al-lslami in the year 1952 at Abeokuta, Ogun State. The institution later moved to Agege, Lagos State in 1957. The school was the first organized Arabic School with distinct physical structures of classrooms, hostels, mosques clinic and block of offices for teachers in Yorubaland. The school attracts students from within and outside Nigeria with graduates spread all over, occupying different posts while further spreading the message of Islam.

Shaykh Adam was a prolific writer and a multi-talented scholar. He wrote well over hundred books, journal articles and manuscripts on Islam and other related subjects. A lot of his books have been used as source documents for a number of B.A., long essays, M.A dissertations, Doctoral Thesis and articles in recognized journals. His book, al-lslam fi nijiriya, is one of the most consulted references on the history of Islam in Nigeria by different scholars all over the world. Another book, misbau-d dirasat'l-Adabiyyah fi'd-diyari'n-nijiyyah is a text book for Arabic literature on Nigeria at University of llorin M.A. syllabus for Arabic. Shaykh Adam delivered several lectures within and outside Nigeria during his life time. He led congregations at many international seminars organized by the Muslim Students' Society of Nigeria. He was regarded as the first person to present Friday Khutbah in both Arabic and Yoruba. Aside this, he conducted daily tafsir for about four hours in the morning periods of Ramadan and public lectures in the evenings.

Shaykh Adam was a renowned Islamic scholar of international recognition. He was a distinguished Muslim scholar who contributed immensely to the promotion of Islamic Dawah and to the progress of Arabic and Islamic education. Shaykh Adam, a fearless and tireless preacher, founded the League of Imams in the South West and was its Secretary General till he died in 1992.His work while on earth still enjoys continuous relevance and referrals to date. He was the first scholar from llorin to bear Al-llory meaning Son of llorin. In recognition of his contributions to scholarship, the Egyptian government honored him in 1990 with the country's highest honor.

May Allah grant him janat firdaus.

- See more at: http://www.iedpu.com/index.php/2-uncategorised/57-sheykh-adam-abdullahi-al-ilory

Friday 15 April 2016

PMB China visit benefit- part 2


Some of the benefit courtesy... Premium times

Presidency lists Nigeria’s benefits from Buhari’s China visit

President Muhammadu Buhari speaking at the Official Opening Ceremony of the China-Nigeria Business Forum in Beijing, China
President Muhammadu Buhari speaking at the Official Opening Ceremony of the China-Nigeria Business Forum in Beijing, China

President Muhammadu Buhari has expressed satisfaction with the outcome of his working visit to China, which has yielded additional investments in Nigeria exceeding $6 billion.
President Buhari believes that the several agreements concluded with the Chinese during the visit will have a huge and positive impact on key sectors of the Nigerian economy including power, solid minerals, agriculture, housing and rail transportation.
In the power sector, North South Power Company Limited and Sinohydro Corporation Limited signed an agreement valued at $478,657,941.28 for the construction of 300 Mega Watts solar power in Shiriro, Niger State.
In the solid minerals sector, Granite and Marble Nigeria Limited and Shanghai Shibang signed an agreement valued at $55 million for the construction and equipping of granite mining plant in Nigeria.
A total of $1 billion is to be invested in the development of a greenfield expressway for Abuja-Ibadan-Lagos under an agreement reached by the Infrastructure Bank and Sinohydro Corporation Limited.
For the housing sector, both companies also sealed a $250 million deal to develop an ultra modern 27-storey high rise complex and a $2.5 billion agreement for the development of the Lagos Metro Rail Transit Red Line project.
Other agreements announced and signed during the visit include a $1 billion for the establishment of a Hi-tech industrial park in Ogun-Guangdong Free Trade Zone in Igbesa, Ogun State.
Furthermore, the Ogun-Guangdong Free Trade Zone and CNG (Nigeria) Investment Limited also signed an agreement valued at $200 million for the construction of two 500MT/day float gas facilities.
Foramfera
An agreement valued at $363 million for the establishment of a comprehensive farm and downstream industrial park in Kogi state was also announced at the Nigeria-China business forum.
Other agreements undergoing negotiations include a $500 million project for the provision of television broadcast equipment and a $25 million facility for production of pre-paid smart meters between Mojec International Limited and Microstar Company Limited.
About 100 Nigerian businesses and 300 Chinese firms participated in the Nigeria-China business forum which took place a day after President Buhari began his visit to China.

PMB China visit- benefits part 1

President Buhari holds bilateral talks with H.E. Li Keqiang, Premier of the State Council of the People's Republic of China at the Great Hall Beijing China, April 13, 2016.





On the currency deals here are some of the benefit that would accrued to the nation;
Contribution on Stockswatcher 5 by Barrister Adeluola:

Buhari's currency deal with China best for our Economy ~ @elrufai

1 Yuan = 30 Naira
1 US Dollar = 199 Naira
1 US Dollar = 6 Yuan.Currency Deal With China To Crash The Dollar By 70% !

President Buhari doesn't have certificate but he sure knows how to make things happen and do what some heroes with unproven Ph.D. can't even dream of...

1.As President Buhari and CBN Governor, Emefiele moved closer to actualizing their promise to strengthen the naira against the US dollars

2.By signing a landmark currency deal with the Industrial and Commercial Bank of China Ltd on Tuesday in Beijing, China.

3. The agreement will allow Nigerian who imports mainly from China conclude their transactions in the Chinese currency instead of the dollar

4. The new agreement would see Nigeria-China trades, which accounts for over 70 percent of imports into Nigeria, concluded in the Yuan.

5. Until now over 90% of int'l trades between Nigeria & the world is done in dollars, & in the process putting so much pressure on the naira

6. Nigeria imports almost all it needs from the West, Middle East and Asia.

7. The CBN is expected to diversify a huge chunk of Nigeria’s foreign reserve from the dollars to the Yuan to perfect the agreement.

8. “It means that the renminbi (Yuan) is free to flow among diff banks in Nigeria, & the renminbi has been included in the FXR of Nigeria,”

9. FXR means foreign exchange reserves

10. Lin Songtian, director general of the African affairs department of China’s foreign ministry, told reporters in Beijing ...

11. .. a few minutes after the agreement was signed between the Governors of the nations’ reserve banks..

12. in the presence of President Buhari & President Xi Jingping of China, who is hosting Buhari and top Nigerian officials to a state visit.

13. Lin said a framework on currency swaps has been agreed with Nigeria, making it easier to settle trade deals in Yuan.

14. China has signed currency swap deals with countries ranging from Kazakhstan to Argentina as it promotes wider use of its Yuan.

15. Nigeria would become the clearinghouse for Yuan denominated transactions for the whole of Africa following the agreement.

16. Beijing also signed agreements to develop infrastructure in Nigeria, part of a drive to deepen its ties with Africa.

17. It has offered Nigeria a loan worth $6 billion to fund infrastructure projects.

18. Also, ICBC signed a $2 billion loan deal with Dangote group, to fund two cement plants it plans to build, Lin told Reuters.

19. China’s official Xinhua news agency cited President Xi as telling Buhari that there was huge potential for economic cooperation, naming

20. Naming oil, refining and mining..

21. Nigeria is also considering issuing Panda bonds (mainly Yuan denominated) as against euro bonds because they are cheaper.

...... better days may be ahead. The stranglehold of the Dollar may be broken.     !

Let get some tip about this Trip from the presidential adviser Femi Adeshina on their departure from Beijing for Shanghai.




SEE WHAT ORDER AND DISCIPLINE DID TO CHINA
Like a troubador traversing the land, we set forth at dawn, leaving Beijing for Shanghai, China's economic nerve center. It was 8 a.m when we headed for the airport, meaning time was 1 a.m in Nigeria. Every honest Nigerian (except those on essential duties) was supposed to be in bed, drifting from one dream to the other, also like a troubador.
By 8.50 a.m, Air Force 001 took off, piercing into the azure sky. But not before we had done a quick trip review, as the pilot and the crew got ready. It was President Muhammadu Buhari who looked out through the window of the plane, shook his head, and declared:"Did you notice the level of discipline in this city? Did you notice the cleanliness and order? Did you see anybody throwing litter, or garbage anywhere? And did you see their security agents, how smart and dutiful they were?"
Many questions from the President. Myself and Sarki Kalu Abba, senior aide, were seated with him. And we went into what could have been in Nigeria, only if there had been more order and discipline in the society. Beijing has a population of over 15 million, almost up to what Lagos has, but you don't see endless traffic jams, disorder and bedlam, heaps of refuse, somebody urinating by the roadside, or another person doing the 'major' one in public glare. Discipline is the name of the game, and it has done China a world of good. When comes order to our dear native land, Nigeria? Of course, order would not come except we first imbibe discipline. That was what the Buhari/Idiagbon government attempted to do in the mid-80s, and some people unleashed the war of tongues on the regime, giving fifth columnists the excuse to strike in a palace coup. We missed the chance for national discipline, and the concomittant order that follows. And a miss, they say, is as good as a mile.
Things work like clockwork in China. And discipline is the bedrock of order. Like President Buhari told us in the National Day broadcast last year, "order is better than speed." I pray we will eventually gain an orderly country. Amen, somebody.
After one hour and thirty-five minutes, we landed in Shanghai, the economic artery of China, and one of the largest economic capitals in the world. After settling in our accommodation, the first port of call was to the Mayor of the city, Yang Xiong. You could glean the sense of satisfaction in the man, as he reeled off statistics that make Shanghai what it is, and how a relationship with Nigeria could become mutually beneficial. Shanghai port ranks third in the world in the handling of cargo. The city has 15 metrolines, covering 588 kilometres. From a GDP of $16 billion few years back, Shanghai recorded $400 billion at the end of last year. And many more...
President Buhari told the Mayor that his administration inherited some projects, which were to be executed by China in the areas of rail, road, power, and many others, and he was in town to further the relationship between the two countries.
"Nigeria is suffering the effects of becoming a mono-product economy, and we are now looking towards agriculture, solid minerals, and manufacturing. Chinese firms are strong in these areas, and we are here for a collaboration, " the President said.
After a banquet hosted by the Mayor and top leaders of the city, the next port of call was the Shanghai Free Trade Zone. Simply awesome, as we toured that global centre of economy and trade, which was established in September 2013.
As we listened to strides being taken at the Free Trade Zone, which helps position China as the second largest economy in the world, I kept asking myself: Will Nigeria ever get here? Can we? Will we? Will we ever hear the sound of the cockcrow at dawn? Yes, we can. But not without fighting corruption to a standstill, and defeating the monster. And not without order and discipline, which can give the much needed efficiency.
When President Buhari responded, he simply articulated my thoughts. He declared:"From all I have heard and seen here, the adage has been proven true that 'the future belongs to the efficient.' An efficient team has done this good job, and I congratulate you."
The Nigerian team of governors, Ministers, and chief executives of relevant agencies, asked many questions, got answers, which we pray will set our country on the road to efficiency. Amen again, somebody.
Next stop: Commercial Aircraft Corporation of China (COMAC). Yes, China is manufacturing aircraft, and will soon bestride the aviation world like a collossus. The corporation was established in 2008, with the mission of manufacturing passenger jets. Its three goals are; deep design, market success, and commercial success. It has manufactured the ARJ21 jet, which is already widely in use in China, and will before the end of this year launch the C919, a large passenger jet that can seat between 150-170 passengers. There are already 514 orders for the plane. See what order and discipline can do for a people? Not even the sky is the limit. They go beyond the skies.
President Buhari described the feat by COMAC as "most impressive," saying he was sure Nigeria would have something to do with the corporation in future.
Friday, April 15. Last day of the visit. The entourage sets forth at dawn again, flying to Guangzhou, another major Chinese province. There, President Buhari will meet with the Governor, and also visit the Economic and Technological Development Zone.

Thursday 14 April 2016

2yrs Of Chibok girls

Two years a go the dreaded terrorist Boko haram attacked and kidnapped 219 pupils of students of government girls secondary school, Borno state. Two weeks after the incident the then Goodluck Jonathan administration to admitted the incidence and ever since then the girls has been held incommunicado. Recent successes of the Nigeria armed forces as weakened the terrorist agreeing for negotiations. But utterances of agent of the previous administration is now very unbecoming of a reasonable and responsible public official.

Most people would agreed with my comments on the clownish Ekiti state governor who is suffering from psychoanalytical disorder, in just 2wks a made two stupid blunders that should have warrants his nonentity. Firstly, he attack PMB China trip but himself immediately jetted out to China that same week, now on the second issue he claimed there is no kidnapping case in Chibok and that is all a gimmick of APC government but to silence the Ekiti mad dog Boko Haram release's the video clip of some of the kidnapped girls, why i felt bad about this second issue is that it shows the insensitivity of some of our political leaders and activist because  Fayose made this allegations in presence of the so called human rights activist Joel Odumakin wife of the cum political activist Odumakin she refuses to refute the Ekiti States governor's allegations which invariably show their unrepentant alliance to the ineffectual buffoon family, it shows the kind environment PMB found himself. Watching the video indicate that Boko haram are seriously degraded and PMB deserves commendation, it shows no matter what integrity pays. long live the federal republic of Nigeria.



Parents identify missing #ChibokGirls in new Boko Haram video (WATCH).. http://bit.ly/1Q7xwdO

Parents of the 219 girls kidnapped by Boko Haram from their school in Chibok two years ago are said to be seeing their missing daughters for the first time in a new video said to have been sent to negotiators by their captors as a “proof of life.”