19082019 - Nigeria to spend N2.53bn on 43 ministers

18 — Vanguard, MONDAY, AUGUST 19, 2019
IN February 2019 just before the
general elections, President
Muhammadu Buhari, candidate of the
All Progressives Congress, APC,
responded <strong>to</strong> caustic criticisms of his
first term by former President
Olusegun Obasanjo by vowing <strong>to</strong> probe
how Obasanjo’s government allegedly
spent $16bn on the power sec<strong>to</strong>r.
Addressing an APC rally in Yenagoa
on his campaign <strong>to</strong>ur of Bayelsa State,
Buhari had declared: “The previous
government had mentioned on their
own that they spent $16bn on power
but you are better witnesses than myself.
Where is the power?
“Where is the money? We will follow
them, eventually God willing, we will
catch them and get back our money”.
Former Vice President Atiku
Abubakar and presidential candidate of
the Peoples Democratic Party, PDP, had
in January this year also claimed that
contrac<strong>to</strong>rs were paid monies <strong>to</strong>
provide power in the country which
they never executed.
Power sec<strong>to</strong>r probe devoid of politics
To achieve the same objective expressed
by the President, the Socio-
Economic Rights and Accountability
Programme, SERAP, having failed <strong>to</strong>
get the Federal Ministry of Power <strong>to</strong>
accede <strong>to</strong> its Freedom of Information,
FOI, request <strong>to</strong> disclose details of how
monies invested in the power sec<strong>to</strong>r was
spent, approached the Federal High
Court in Lagos <strong>to</strong> force the Ministry <strong>to</strong>
comply.
SERAP obtained a judgement windfall
when Justice Chuka Obiozor of the
Federal High Court, Lagos, ordered
the Federal Government <strong>to</strong> publish the
names and other details of the
contrac<strong>to</strong>rs who allegedly disappeared
with monies paid without duly
executing the jobs.
According <strong>to</strong> a SERAP statement,
Justice Obiozor also ordered the Federal
Government <strong>to</strong> publish on a dedicated
website and widely circulate the
“specific names and details about the
contrac<strong>to</strong>rs and companies paid by
each government, the <strong>to</strong>tal amounts
paid by each government and the objects
for the payments; the level of
implementation of electricity projects;
as well as specific locations of projects
executed across the country by each
government”.
The Federal Government was also
ordered <strong>to</strong> disclose if there is any
ongoing investigation and
prosecution of erring contrac<strong>to</strong>rs paid
by government since 1999.
While we commend SERAP for its patriotic
advocacy for full disclosure on
these much-bandied allegations, we also
give thumbs up <strong>to</strong> Justice Obiozor for
granting SERAP’s request and issuing
consequential orders.
This is in tune with the anti-graft
agenda of the President Buhari
administration which is highly
applauded by <strong>Nigeria</strong>ns.
We, therefore, see current indications
that the Buhari government is set <strong>to</strong>
probe the power sec<strong>to</strong>r expenditures as
a step in the right direction.
However, this probe, which is the
second of its type (following the Ndudi
Elumelu-led investigations instituted by
the House of Representatives in 2009)
must be carried out professionally, devoid
of media trials and political witchhunt.
Those responsible for keeping
<strong>Nigeria</strong>ns in darkness and retarding our
economy should be exposed and
punished.
OPINION
FG and dormancy of HIV/AIDS anti-discrimination law
By Hameed Oyegbade
THE HIV/AIDS (anti-discrimination)
Act was enacted in <strong>Nigeria</strong> in 2014,
but has since remained dormant due <strong>to</strong> nonimplementation.
Unfortunately, besides the
psychological trauma and pains persons
living with HIV go through in the country,
they also face various forms of
discrimination and inhumane treatment by
fellow citizens. The HIV/AIDS (antidiscrimination)
Act, 2014, was enacted <strong>to</strong>
discourage discrimination against persons
living with HIV/AIDS, particularly at
workplaces.
Acquired Immunodeficiency Syndrome,
AIDS, is a chronic, potentially lifethreatening
condition caused by the Human
Immunodeficiency Virus, HIV. By
damaging immune system, HIV interferes
with the body’s ability <strong>to</strong> fight organisms
that cause diseases. On this basis, many people
consider it a death sentence. Many people
have lost their jobs because of their HIV
status, while many marriages have crashed
on grounds of same. The worst part is that
most persons who are HIV positive conceal
their status while majority of persons are
avoiding HIV test mainly because of social
stigma and discrimination.
Some pregnant women who are HIV
positive avoid going for antenatal care so
as not <strong>to</strong> be tested, thereby subjecting their
lives and the lives of their unborn babies <strong>to</strong>
serious danger. In fact, this discrimination
poses a threat <strong>to</strong> peaceful coexistence among
members of the society, making compliance
with the HIV/AIDS (anti-discrimination) Act,
2014, very difficult.
It is absurd that the law that was enacted
<strong>to</strong> s<strong>to</strong>p this discrimination has been dormant
as if it doesn’t even exist. For instance,
section 21 (1) of the HIV/AIDS (antidiscrimination)
Act, 2014, stipulates that an
employer employing five or more persons
shall in consultation with the employees or
their representatives adopt a written
workplace policy that is consistent with the
National HIV/AIDS workplace policy for
the working environment.
Subsection 2 of the same section further
states that the workplace policies shall be
lodged with the Minister of Labour and
Productivity, currently known as Minister
of Labour and Employment, while section
24 (1) of the same Act imposes the duty of
ensuring compliance and enforcement of
the entire provisions of the Act on the
At<strong>to</strong>rney-General of the Federation. The
HIV/AIDS anti-discrimination Act 2014,
therefore, specifically reposes the duty <strong>to</strong>
ensure compliance with the entire HIV/
AIDS (Anti-Discrimination) Act, 2014,
including section 21 (1) of the same Act on
the At<strong>to</strong>rney-General of the Federation.
Now, one is wondering whether the office
of At<strong>to</strong>rney-General of the Federation is
aware of this Act and why it has not
performed its duty in ensuring the
implementation of the law and compliance
by employers of labour in <strong>Nigeria</strong>. Why is it
always compulsory that our government
officials and even the ministries and
agencies must be pushed <strong>to</strong> perform their
statu<strong>to</strong>ry roles? This is just worrisome!
It is indeed worrisome that an Act which
was enacted five years ago is yet <strong>to</strong> be
implemented and complied with. I am
aware that Lawyers Alert <strong>Nigeria</strong>, a nonprofit
human rights organisation has approached
a court <strong>to</strong> compel the At<strong>to</strong>rney-
General of the Federation <strong>to</strong> carry out its
functions as provided in the HIV/AIDS
(Anti-Discrimination) Act, 2014.
Lawyers Alert under its free legal
assistance project for vulnerable groups is
prosecuting several cases where persons
living with HIV were discriminated
against and either denied employment
even when qualified and able, or sacked
It is indeed worrisome
that an Act which was
enacted five years ago is
yet <strong>to</strong> be implemented
and complied with
on account of their HIV status. Of course,
dismissal of an employee over HIV status
is a gross violation of his or her human
right <strong>to</strong> work.
Recently, Lawyers Alert got judgement in
its favour in a matter where an employee
was dismissed by his employer on the
account of his HIV status. The matter was
instituted at the National Industrial Court,
Abuja division. The court held that
dismissing employees on the basis of HIV
status is discrimina<strong>to</strong>ry and unlawful.
Justice Agbakoba of the Abuja Industrial
Court found that the HIV/AIDS (Anti-
Discrimination) Act, 2014, is equally
applicable in the private sec<strong>to</strong>r and
prohibits discrimination against existing
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and prospective employees.
Following an increase in cases of
discrimination against Persons Living with
HIV in workplaces in <strong>Nigeria</strong>, Lawyers Alert
in its determination <strong>to</strong> provide access <strong>to</strong>
justice for persons living with HIV and <strong>to</strong>
ensure compliance with the HIV/AIDS (Anti-
Discrimination) Act, 2014, served a Freedom
of Information request on the Minister for
Labour and Employment, on November 2,
2018, requesting the document containing a
list of workplaces/ministries that have
complied with the provisions of section 21
(1) of the HIV/AIDS anti-discrimination Act,
2014, which requires employers of labour <strong>to</strong>
adopt a written workplace policy and lodge
same with the minister.
Unfortunately, despite series of follow-ups
on the FOI by Lawyers Alert for over three
months, there was no document at all
containing such information with the Minister
of Labour and Employment.
While awaiting the outcome of Lawyers
Alert’s suit against the At<strong>to</strong>rney-General of
the Federation which is in the National
Industrial Court - suit already mentioned and
adjourned <strong>to</strong> Oc<strong>to</strong>ber 29, 2019 for Lawyers
Alert <strong>to</strong> address the court on the issue of locus
standi (on whether Lawyers Alert has any
interest above that of the society for it <strong>to</strong>
approach the court on the issue), it is
worthwhile <strong>to</strong> indicated that if the At<strong>to</strong>rney-
General of the Federation had carried out
the duties as enshrined in the law and ensures
compliance with HIV workplace policy by
employers of labour, stigma and
discrimination against persons living with
HIV in <strong>Nigeria</strong> would cease and rights <strong>to</strong>
work and access <strong>to</strong> justice would be enhanced
for persons living with HIV in <strong>Nigeria</strong>.
•Oyegbade, a public affairs analyst, wrote from
Osogbo, Osun State