Dino Melaye, a disgrace to the Senate - Tinubu

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Vanguard, THURDAY, JULY 14 2016—39 Nigeria's earnings down by 40%, says SGF •Says ‘comments on implementation of constituency projects, my personal opinion' By Henry Umoru & Joseph Erunke ABUJA—SECRETARY to the Government of the Federation, Babachir Lawal, yesterday, disclosed that Nigeria’s projected earnings in the 2016 budget has dropped by 40 per cent as he told political office holders to adjust themselves to the reality. This was even as he said the country’s oil production capacity had risen to 1.7 million barrels per day from its initial 800,000 barrels. Appearing before Senate Ethics C'ttee Mr Lawal spoke when he appeared before the joint Senate Committee on Ethics, Privileges and Public Petitions, Finance and Appropriation, to defend the statement credited to him to the effect that the administration would not be able to implement constituency projects captured in the 2016 budget. But he told the Senator Samuel Anyanwu-led joint committee that the statement was his opinion and not the position of the Federal Government. To this end, the Senate fumed, warning that nonimplementation of constituency projects was a violation of the Appropriation Act that required necessary sanctions. Members of the Committee insisted that the projects, which only constituted 0.3 per cent of the money in the 2016 budget, must be fully implemented without any part unattended to. The SGF, who owned up to the statement, said he was not emphatic on his statement, saying it was based on the dwindling resources available to the government. Revenue profile “This morning, for example, the Minister of Budget said basically the revenue profile of the country is that we are now earning between 50 to 60 per cent of our projected earnings, meaning that there might be a loss of 40 per cent of the money appropriated for in the budget. ‘“Forty per cent is quite a significant amount, not only oil,” which he said would affect all branches of government, including the National Assembly. “Oil export has fallen drastically but thank God for little mercies that the price has risen a bit. But it has started coming down again." Drop in revenue Noting that drop in revenue was bound to affect government’s projected expenditure, he said: “When constituency projects are appropriated along with other projects, it’s the duty of the executive to implement. As my statement quoted, there is one key word in a statement which is ‘might.’ "In the statement made by me to this effect, I said, of course, if the revenue profile of the government improves, we will implement all projects in the Appropriation Act. I want to be truthful on this. “We are all aware that you as legislators predicated the revenue of the government, for example, at 2.2 million barrels per day. “I’m sure that all of you here are aware that at one time, oil production had dwindled to almost 800,000 barrels per day. The consequence of this, of course, is dwindling revenue base of the government, subsequent upon which there will be the inability to finance projects appropriated for by the executive. “Now, it is important for government and the politicians to prepare the minds of the electorate that there are challenges ahead, prepare their minds that there might be some challenges ahead in implementing the budget. “You are aware that the government based its budget on the principle of zero budgeting this year. That is to say that we will budget for only capital projects that are key to the mandate of the government, that the government considers very important. First of all, restoring security in the land, second, providing employment to Nigerians and possibly diversifying to other non-oil sectors of the economy. “For the executive arm of government, this was the focus and, therefore, all the MDAs were ordered to comply with this principle. Any project that government did not feel was key was not included in that budget. When the budget was concluded, the Minister of Budget and Planning issued circulars to MDAs to submit a list of projects that are considered key to their mandate, in view of the dwindling resources.” He explained that unlike in the past when funds were being released for execution of capital projects on a quarterly basis, the trend had changed in the new dispensation. ‘’Hitherto, the practice had been that government would release funds to MDAs on quarterly basis. This time, government’s position is that funds would be released to key projects prioritized according to the level of importance and significance, in line with the key mandate of the government. “Let me illustrate why implementation of some projects would be very difficult in the light of the dwindling resources. “Government has a duty to communicate to the citizens, whether or not that information is going to be palatable to the legislature or even the electorate. “So, Distinguished Senators, yes, I made the statement.’” He told the senators not to claim a right to constituency projects, a development that made all the 20 senators at the session charged at him with fury.
40 — VANGUARD, THURSDAY, JULY 14, 2016 Abia Governorship Logjam: Judiciary To The Rescue? •as Ikpeazu, Ogah, Nwosu seek favourable court orders By Ikechukwu Nnochiri TO many pundits, the current governorship crisis rocking Abia State has placed the Nigerian judiciary on trial. A situation that could reinforce opinion of those that believe we are still practicing ‘democracy by court order’. Basically, Justice Okon Abang of the Federal High Court in Abuja had in a judgment he delivered on June 27, sacked Governor Okezie Ikpeazu from office over alleged tax fraud. Justice Abang further directed the Independent National Electoral Commission, INEC, to issue a fresh Certificate of Return to Mr. Uchechukwu Ogah who came second in the governorship primary election the Peoples Democratic Party, PDP, held on December 8, 2014. The court said evidence before it showed that Ikpeazu did not file his tax clearance in 2011, 2012 and 2013, saying all payments he made before the 2014 primaries of the PDP were made in one day (on a Saturday) and not as at when due. Governorship election According to the court, the 2011 tax clearance certificate and income tax receipt Ikpeazu submitted to INEC before the primaries contained false information, thus making him (Ikpeazu) ineligible to stand for the 2015 governorship election. Placing reliance on Supreme Court decided case law in INEC vs Obi, Justice Abang held: “It is hereby ordered that INEC, the third defendant, should immediately issue certificate of return to Dr Uch Ogah as governor of Abia state in the election held in 2015 and restore to him all the entitlements as the elected governor of Abia. “Dr Okezie Ikpeazu is hereby ordered to vacate office as governor of Abia immediately”. Meanwhile, Ikpeazu quickly appealed the judgment which he said occasioned a grave miscarriage of justice against him. In the notice of appeal he filed through his team of lawyers led by Chief Adegboyega Awomolo, SAN, Ikpeazu, insisted that Justice Abang misdirected himself and erred in law when he held that he presented false information to INEC. “The trial judge erred in law Governor Okezie Ikpeazu and Uche Ogah when he ordered as a consequential order that the appellant vacates his office as the Governor of Abia state immediately when there was no jurisdiction in the Federal High Court to remove, vacate the occupier of the office of the governor of a state or order the removal of such officer after the unsuccessful challenge of the result of the election at the Tribunal and swearing in of the appellant as the governor”, he argued. It is expected that the appellate court will promptly clear the ‘judicial-mess’ created by the lower courts Besides, Ikpeazu, in his fivegrounds of appeal, maintained that the judge erred when he held that he did not pay his tax for the years 2011, 2012 and 2013, at when due. He said the judge got it wrong considering that he was just a public officer whose tax deduction was under Pay As You Earn (PAYE) scheme where tax deductions were from the source of his monthly salary by the tax authorities who issued all the tax receipts and certificates. Ikpeazu told the appellate court that Abia State Board of Internal Revenue Services that issued tax certificates to him had not declared the certificates forged. Aside the appeal which he lodged on June 28, Ikpeazu also approached Justice Abang with a motion to stay execution of the judgment. Certificate of return Meanwhile, two days after the appeal was filed, INEC, issued Certificate of Return to Ogar. Determined to retain his seat, Ikpeazu immediately ran to an Abia State High Court at Osisioma with an ex-parte motion, where he secured an order that stopped the Chief Judge of the state, Justice Theresa Uzoamaka Uzokwe from swearing Ogah in as governor. Meantime, Ikpeazu subsequently re-approached the high court in Abuja, praying it to set-aside its order that led to the issuance of Certificate of Return to Ogah. Ikpeazu whose legal team is now led by Chief Wole Olanipekun, SAN, urged the court to take judicial notice that INEC issued Certificate of Return to Ogah on June 30, despite the fact that it was served with the notice of appeal and application for stay of execution at exactly 12:50am on June 28. He contended that INEC acted wrongly by going ahead to issue the Certificate to Ogah, two days after it was served with the appeal processes. On his part, Ogah who has engaged five SANs led by Dr. Alex Iziyon, urged the court to refuse Ikpeazu’s prayer for stay of execution of the judgment. He notified the court that Ikpeazu, despite the pendency of his application for stay of execution, went before another court to secure a restraining order, an action he said was tantamount to “self-help”. On the other hand, INEC justified its action in issuing Certificate of Return to Ogah, saying it merely obeyed an express order of the court. INEC lawyer, Mr. Alhassan Umar told the court that the commission had already issued the Certificate to Ogah before it was served with Ikpeazu’s motion for stay. “We had no difficulty to issue the Certificate because election matters are suis-generis. “Where the law intends that an appeal should operate as a stay it is expressly provided so. In our view, this matter is not regulated by section 143 of the Electoral Act”, INEC lawyer argued. Apart from declining to set-aside the enrolled order of the judgment, Justice Abang, in a ruling on July 8, held that Ikpeazu’s sack remained valid until a higher court decides otherwise. “The order of the court subsists until set aside by the Court of Appeal. Therefore, the INEC lawfully issued Certificate of Return to Dr. Sampson Ogah as it was in line with the judgment of this court”, the judge held. Justice Abang gave the ruling on a day another Federal High Court sitting in Owerri, Imo State, ruled that Ikpeazu was validly elected and remains the governor. Interestingly, both courts relied on the same tax receipts presented before them by Governor Ikpeazu which was alleged to have been forged. Justice A. I. Alagoa gave Ikpeazu the nod to remain on seat after he dismissed another suit by a third claimant to the governorship seat, Mr. Friday Nwosu who is also a member of the PDP. Court verdict Nwosu who also participated in the December 8, 2014, governorship primaries of the PDP has equally appealed the Abuja court verdict that cleared Ogah to replace Ikpeazu. He insisted that the court, having disqualified Ikpeazu as the governorship candidate of the PDP in Abia for the 2015 polls, should have declared him as governor-elect and not Ogah. He maintained that Ogah should not be allowed by the court to benefit from a primary election he condemned by refusing to sign the result, after he had petitioned the leadership of the party to conduct another primary election. In view of the contradictory positions of the three high courts which incidentally are of coordinate jurisdiction, all eyes are now focused on the Court of Appeal which is now seized of the facts of the case. It is expected that the appellate court will promptly clear the ‘judicial-mess’ created by the lower courts. EDITORIAL Innocent Anaba ( Head) Wahab Abdulah Ikechukwu Nnochiri Dayo Benson (Supervising Editor) 08056180119 dayobenson@yahoo.com
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Dino Melaye, a disgrace to the Senate - Tinubu

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