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Adegboruwa Gives Ambode, Lagos Assembly Notice Of Court Action On Proposed Imposition Of Fine On Motorists

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Eminent lawyer and human rights activist, Ebun-Olu Adetgboruwa, has given Governor Akinwunmi Ambode and the Speaker of the Lagos State House of Assembly notice of his intention to file a case in court to challenge the imposition of fines on motorists with expired vehicle documents.

This is contained in a letter dated February 11, 2019, in which Mr. Adegboruwa informed the Governor and the Speaker of an alarming post currently circulating on the social media, about hidden cameras mounted in strategic areas in Alausa, to be deployed to capture and read the particulars of all vehicles and any vehicle discovered to bear expired documents would be subject to a fine of N20,000 or the said vehicle will be impounded.

Mr. Adegboruwa is contending that the government of Lagos State has no power to impose any fine on any citizen without a law defining and prescribing such a fine, after a full trial before a court of law. He is relying on section 36 (12) of the 1999 Constitution to argue that no citizen can be subjected to any conviction of payment of a fine unless there is an existing law covering such fine. He said that upon receiving several calls and messages from concerned citizens, he has searched all the laws of Lagos State and could not find any law authorising such imposition of fine on motorists. He therefore wants Governor Ambode and the Speaker to furnish the particulars of such law and if there is none, they should immediately debunk the alarming information since it is already creating fear of the unknown on many Lagosians who are now scared to go out.

Adegboruwa then informed the Governor and the Speaker that if indeed there exists such law, he would be challenging it by filing a case at the High Court to seek a declaration to nullify it as illegal, unconstitutional, null and void and an order of injunction to restrain its implementation.

Below is the text of the letter.

Our Ref: A&C/RC/L-07/02/2019

Monday, February 11, 2019

His Excellency,

The Executive Governor of Lagos State,

Governor’s Oficce,

Alausa, Ikeja,

Lagos.

Dear Sir,

RE: ALLEGED HIDDEN CAMERAS IN ALAUSA AREA AND IMPOSITION OF FINES AND TAXES ON MOTORISTS

The above matter refers. I write to bring to your esteemed notice, a recent development concerning alleged hidden cameras said to be positioned around government secretariat in Alausa area of Lagos, to be deployed for the imposition of fines on motorists plying roads in Lagos State.

About a week ago, the social media became agog with news of a new revenue drive by the Lagos State Government, through the imposition of fines on motorists with expired vehicle documents. For ease of reference, the said alarming and disturbing message is reproduced herein:

“Don’t drive any of your vehicles with expired documents within Ikeja environs especially the Alausa secretariat. There are special cameras mounted to capture plate numbers, read their vehicle details and charge them where a default exists. A text message will come to your phone requesting you to pay the fine within seven days or the car will be impounded. Each offence is N20,000. Yes, they are using Secretariat to test run the system. Eventually it is going to be installed all over Lagos. At least one will pass through areas like Oshodi, Ikeja, Agege (when completed), VI, Lekki, Ajah, Marina, Ikorodu, Epe, etc. At all these areas, this system will be installed. No matter how fast you are, the camera will pick your number. More money for Lagos. Let’s do the right thing at the right time. Always check your particulars and renew when due.

The next stage will be direct debit to your bank account. No vehicle will be registered or renewed without the owner (sic) bank account. That is what they operate in South Africa. Now, police won’t be disturbing and checking particulars.”

From the above post, there is an alleged plan by the Lagos State Government, to be penalising motorists whose vehicle documents have expired, by compelling them to pay a particular amount ranging from N20,000 and above. It is my humble view that a fine or penalty should be a result of the violation of an existing law, following due process of law. In other words, the defaulting motorist must have been properly arraigned pursuant to an existing law, before a court of competent jurisdiction and subjected to proper trial and conviction, to be liable to pay any fine or penalty.

I have however searched through the latest compilation of the laws of Lagos State, 2015 and subsequent laws enacted by the House of Assembly of Lagos State, and I have not been able to locate any law authorising the imposition of penalty or fine on motorists on account of expired vehicle documents. The procedure that I am presently familiar with is that the Lagos State Government has perfected a reminder mechanism by which all motorists are enjoined to renew the documents of their vehicles and all outstanding charges are collected in that process.

Under and by virtue of section 36 (12) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended):

“Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefore is prescribed in a written law …”

This section has been interpreted by the Courts, especially in the famous case of Aoko v Fagbemi (1961) 1 ALL NLR 400, to the extent that no citizen of Nigeria, (including motorists in Lagos State), can be subject to the rule of arbitrariness, such as contained in the above post. The power to impose any fine upon any citizen resides with the court properly established for that purpose. I therefore humbly seek your kind confirmation and/or clarification of the above Sir, to enable me respond to several inquiries that I have received from many Nigerians, who are now scared to move around for fear of the unknown.

Sir, it is the requirement of the newly enacted High Court (Civil Procedure) Rules of Lagos State, 2019, that all avenues of resolution of potential court cases be explored, before proceeding to file any case in court. I will thus be glad to meet with any official of the State, to be better educated and enlightened on this development. I also do humbly suggest, where this alarming information is not correct, that steps be taken to alert all residents of Lagos State on the true state of affairs.

PRE-ACTION NOTICE

If however the information is true and correct, kindly take this as notice of my intention to commence an action in the High Court of Lagos State, against the Lagos State Government and all its functionaries, including but not limited to the Lagos State House of Assembly, to seek declarations from the court, to annul the said policy as illegal, unconstitutional, null and void. I will also be seeking an order of injunction to restrain the Lagos State Government from implementing the said policy.

While appreciating your prompt and positive response, please accept the best assurances of my warmest regards, always.

Yours Sincerely,

EBUN-OLU ADEGBORUWA, ESQ.

BIG STORY

National Registration For All Hospitality And Tourism Practitioners Begins

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The National Institute for Hospitality and Tourism (NIHOTOUR) has launched the National Registration of Tourism Sector Personnel and Practitioners as of 1st December 2024. This initiative, in line with the NIHOTOUR Establishment Act 2022 (Gazette No. 3 of 2023), is aimed at regulating all personnel and practitioners within Nigeria’s hospitality and tourism sector.

Under the leadership of Aare Abisoye Fagade, FIMC, the Director General/CEO of NIHOTOUR, this comprehensive registration process extends beyond hotel staff to include all individuals and professionals involved in hospitality and tourism practices.

According to Aare Abisoye Fagade, the registration will remain free for the first six weeks. However, starting from the next quarter of 2025, a fee will be introduced. Aare Fagade has encouraged hotels and other stakeholders in the hospitality and tourism industry to take full advantage of this free registration window.

Registration is available at www.nihotour.gov.ng, and NIHOTOUR remains committed to professionalizing and elevating the standards of Nigeria’s hospitality and tourism industry.

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BIG STORY

Strike Begins In FCT, Kaduna, Cross River, 3 Other States As Panel Meets Over Minimum Wage

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Barring any last-minute changes, workers in the Federal Capital Territory (FCT), Cross River, Nasarawa, Ebonyi, Kaduna, and Zamfara states may begin a strike on Monday (today) due to the failure of state authorities to negotiate the payment of the N70,000 new minimum wage.

Although implementation panels set up by the affected states have been meeting with labour leaders in an attempt to avert the strike, various state chapters of the Nigeria Labour Congress (NLC) have indicated their readiness to proceed with the industrial action starting today.

The FCT Council of the NLC had previously instructed workers in the six Area Councils to begin an indefinite strike on December 1, pending further instructions.

This was outlined in a letter signed by the Chairman of the FCT Council of the NLC, Stephen Knabayi, on Saturday.

The strike follows a directive from the NLC leadership for workers in 14 states and the FCT to take industrial action starting Sunday over the non-implementation of the new minimum wage.

Knabayi faulted the failure of the area council chairmen to respond to the demand for the implementation of the minimum wage, despite receiving the communique of the National Executive Council of the NLC dated November 14, 2024.

The Nasarawa State chapter of the NLC on Sunday declared its readiness to declare a strike if the minimum wage was not paid.

The state NLC Chairman, Ismaila Okoh, disclosed that a notice of strike had been issued to all the labour members.

He, however, revealed that the Nasarawa State government had reached an agreement with the union to pay N70,500 to the workers, adding that no document had been signed regarding the implementation.

He said, “We have notified all our members to embark on strike tomorrow (today) because of the non-implementation of the national minimum wage in the state.

“Although the minimum wage committee set up by the state government has agreed to start paying N70,500, no document has been signed to that effect up till this moment.

“So, we are observing the situation to see if the documents on the minimum wage will be signed before tomorrow morning. However, if nothing is done between now and midnight, our members will have to fully comply with the strike as they were directed.”

To avert a shutdown, the Kaduna State Government said it had commenced the implementation of the new national minimum wage, with the least-paid worker in the state receiving N72,000 as gross salary in November.

Many states agreed to pay above the N70,000 minimum wage, with Kaduna State offering its workers N72,000 as minimum wage.

Despite the positive development, the state chapter of the NLC confirmed its planned strike.

The state’s chairman of the NLC, Ayuba Suleiman, said the workers would embark on a strike as directed by the NLC leadership.

When asked if the NLC was prepared to embark on a strike, Suleiman replied, “Yes, we are set for the strike.”

However, a statement on Sunday by Ibraheem Musa, the Chief Press Secretary to Governor Uba Sani, insisted it was “a misrepresentation for the NLC to claim that the state has defaulted in the payment of the new minimum wage.”

Musa noted that the state government had complied with the letter of the National Minimum Wage Law.

“His Excellency, the Executive Governor of Kaduna State, Senator Uba Sani, has complied with the spirit and letter of the National Minimum Wage Law, by paying the lowest paid civil servant N72,000 last month,” he said.

He added that the NLC had been pushing for consequential adjustments but the state government argued that there was a difference between salary increments and the minimum wage.

Musa explained that the state government received an average of N8bn from the Federal Allocation and generated around N4bn monthly, totalling N12bn revenue.

However, he said with the implementation of the minimum wage, the monthly wage bill had increased from N5.4bn to N6.3bn, including N4bn deduction for loan payments every month.

This, he said, left only N2bn for rural transformation, healthcare, education, and other public services in the state.

“It will be unfair for Kaduna State Government to spend almost all its revenue on consequential adjustments, after paying the mandatory minimum wage.

“There are over 10 million people who are also entitled to the accrued revenue of Kaduna State. There are 84,827 civil servants in the state. So, it is unreasonable for the government to spend over 90 per cent of its revenue on just about one per cent of the population,” he added.

Musa urged the NLC to exercise patience over the consequential adjustments, pending when the state government’s revenue improved.

“Governor Uba Sani is labour-friendly. He has demonstrated this by providing buses for civil servants to commute to work free of charge, as part of the palliatives to cushion the prevailing economic challenges,” he said.

Meanwhile, the Chairman of the NLC in Ebonyi State, Dr Oguguo Egwu, disclosed that the state workers had been directed to join the ongoing industrial action from today.

According to him, the warning strike, which will last one week, was sequel to the failure of Governor Francis Nwifuru to implement the new national minimum wage.

He said, “Talking about the new national minimum wage as it concerns Ebonyi State, our governor on September 11 at the Ojiji festival of Izzi Kingdom announced the new minimum wage of N70,000 and we are all aware of that.

“We were very happy and excited that Ebonyi would be among the first states to implement the wage. But subsequently, there was no communication and no information.

“And we heard that the governor wanted to implement the national minimum wage without any due process of collective bargaining where both the workers and government angle would meet to agree on the consequential adjustment.”

Also, the Zamfara State NLC secretary, Ahmed Abubakar, said workers in the state had yet to receive the new minimum wage, and as such had no alternative but to join the strike.

He said, “We are going to join the strike as directed by the national body of our great union to express our anger over the non-payment of the new minimum wage.”

Abubakar, however, explained that the union would continue to dialogue with the state government on the issue.

The organised labour in Cross River is set for an industrial action over the non-implementation of the new minimum wage in the state.

The Cross River State Chairman of the Nigeria Labour Congress (NLC), Gregory Ulayi, disclosed that the union would embark on an indefinite strike if the state government failed to implement the new minimum wage to workers.

However, it was learnt that the state government reached an agreement with the state chapters of the NLC and TUC late on Sunday night to pay the N70,000 wage to its workers.

Calls to the NLC and TUC officials to clarify whether the state workers would still embark on strike were not answered as at the time of filing this report.

 

Credit: The Punch

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BIG STORY

Good Life Nigerians Lived Before Petrol Subsidy Removal Was Fake — President Tinubu

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President Bola Tinubu says the good life that Nigerians thought they were living prior to his administration was fake and capable of collapsing the country.

Speaking on Saturday during the 34th and 35th combined convocation ceremonies of the Federal University of Technology Akure (FUTA) in Ondo state, Tinubu stated that the removal of the petrol subsidy and the unification of exchange rates were necessary to save Nigeria from the brink of collapse.

Tinubu announced the end of the petrol subsidy on May 29, 2023, during his inauguration.

The Central Bank of Nigeria (CBN) also announced the unification of all segments of foreign exchange markets.

The president, represented at the event by Wahab Egbewole, vice-chancellor of the University of Ilorin, said his administration took decisive action to avert economic disaster and secure the future of Nigerians.

“As you are all aware, we took the baton of authority at a time when our economy was nose-diving as a result of heavy debts from fuel and dollar subsidies,” Tinubu said.

“The subsidies were meant to support the poor and make life better for all Nigerians. We are all aware of the fact that the poor and average Nigerians were the sufferers of what was supposed to give them succour and improved standard of living.

“Unfortunately, the good life we thought we were living was a fake one that was capable of leading the country to a total collapse unless drastic efforts were urgently taken.

“The need to salvage the future of our children, and bring the country back from the brink of collapse necessitated the strategic decisions to remove the fuel subsidy and also unify the exchange rates. I am not unaware of the consequences of the tough decisions on our people. I sincerely wish there could be softer options.”

The president expressed optimism that the policies are already yielding positive outcomes.

He noted that the country’s macro-economic indicators are improving daily, while the micro-economy, which directly affects citizens, is gradually taking shape.

Tinubu added that Nigeria is transitioning from a consumption-driven economy to one focused on production across all aspects of human endeavours.

  • ‘YOUTHS MIGRATION HAVE LED TO BRAIN DRAIN IN NIGERIA’

Tinubu called on the graduants to join hands with his administration “to recover our lost glory and virtues.”

The president also condemned the widespread migration of youths in search of “greener pastures,” stressing that the trend has led to significant brain drain in all sectors of the nation’s economy.

“Many of our youths have chosen the supposed easy option of emigrating to the proverbial greener pastures where their citizens had rolled up their sleeves to bring their nations back from the brinks in their times of trouble,” Tinubu said.

“Such inclination has led to the brain drain syndrome that we now experience in all areas of our endeavours as a nation.

“Our intellectuals and experts on whom the nation has massively invested huge resources to train in the interest of our country are migrating overseas in large numbers at a time their services are most required at home.

“It is heart-rending and the syndrome is not the solution to our problems. We are not Nigerians by accident, and I believe that the Almighty God who made us Nigerians has given us the required wisdom to turn things around for our betterment.

“The present challenges call for a high degree of patriotism and I can assure all Nigerians that there is light at the end of the tunnel. After rain comes sunshine. The brighter days are almost here.”

Tinubu said the renewed hope agenda is on track, assuring Nigerians that his administration will remain steadfast in its pursuit of a better and greater nation.

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