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Senate Asks Supreme Court To Reinstate Onnoghen, Says Buhari Can’t Remove CJN

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The Senate on Monday filed a suit before the Supreme Court praying for among others, an order reinstating Justice Walter Onnoghen as the Chief Justice of Nigeria.

The Senate action came after it cancelled its scheduled plenary earlier billed for Tuesday (today).

The Clerk of the Senate, Mr Nelson Ayewoh, who announced the cancellation in a statement signed by him, did not give reasons for the action.

He only explained that the federal lawmakers would resume on February 19.

But the Special Adviser (Media) to the Senate President, Mr. Yusuph Olaniyonu, in a statement explained that the cancellation was due to the last-minute decision by the Senate leadership to seek judicial interpretation to Onnoghen’s suspension by President Muhammadu Buhari on Friday.

In the suit marked SC.76/2019, the Senate asked the apex court to declare the suspension of Onnoghen without support of two-thirds majority of the Senate as a violation of section 292(1)(a)(i) of the constitution.

The suit also asked the apex court to issue an order restraining the two defendants in the suit – President Buhari and the Attorney-General of the Federation, Mr Abubakar Malami – from continuing or repeating the violation of the constitution and disregarding the power of the Senate in respect to the suspension of the CJN.

The three prayers sought by the Senate read, “A declaration that the suspension, by the President, of Hon. Justice Walter Samuel Nkanu Onnoghen from his office as Chief Justice of Nigeria on or about January 25, 2019, without an address calling for the removal, supported by two-thirds majority of the Senate is in violation of section 292(1)(a)(i) of the constitution and therefore null and void.

“An order rescinding or setting aside the suspension of Hon. Justice Walter Samuel Nkanu Onnoghen from his office as the Chief Justice of Nigeria and restoring him to the said office.

“An order restraining the defendants from continuing or repeating the violation of the Constitution of the Federal Republic of Nigeria and disregarding the powers of the Senate at the Federal Republic of Nigeria.”

Buhari had while announcing the suspension of Onnoghen hinged his decision on an ex parte order made by two of the three members of the Code of Conduct Tribunal where Onnoghen had been charged with six counts of non-declaration of assets.

The CCT order had directed the CJN to step aside from office pending the conclusion of his trial and ordered the President to swear in the next most senior Justice of the Supreme Court, Justice Tanko Muhammad, as the acting CJN.

But the Senate, through its counsel, Mr. Paul Erokoro (SAN), has, in its suit which was filed on Monday, faulted the President’s action.

It argued that the President could not on the directive of the CCT suspend the CJN without two-thirds majority of the Senate or appoint Muhammad as the acting CJN without Senate’s confirmation.

The plaintiff submitted two questions for determination.

One of the questions is if having regard to section 292 and Part 1 of the Third Schedule to the Nigerian Constitution and section 21 of the Code of Conduct Bureau and Tribunal Act, the President could not “suspend” or “prevent” the CJN from performing the functions of his office “on the directive of the Code of Conduct Tribunal or for any reason whatsoever, without an address supported by two-thirds majority of the Senate calling for the removal of the Chief Justice of Nigeria.”

The other question for determination read, “Having regard to section 231 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and in particular, sub-sections (1) and (4) thereof, can the President of the Federal Republic of Nigeria appoint an acting Chief Justice of Nigeria when there is no vacancy in that office and when the substantive Chief Justice of Nigeria is fit and able to perform the functions of the office and without the recommendation of the National Council and confirmation of such appointment by the Senate.”

A Legal Assistant in the Office of the Senate President, Mr. Sambo Idahi, in an affidavit filed in support of the suit, said he attended a meeting of the principal officers of the Senate held on January 25, 2019 when the issue of Onnoghen was extensively discussed.

He said the meeting discussed the CCT’s ex parte order which the President anchored his action on and the swearing-in of Justice Muhammad as the acting CJN.

According to Idahi, Saraki informed the meeting that he was not consulted on the matter and never received any request from the President or any other person or authority to debate the issue.

He added that Saraki said Buhari had never requested the Senate’s approval of Justice Muhammad as the acting CJN.

The affidavit read in part, “On Friday, the 25th day of January, 2019, at about 5.40 pm, I was present at a meeting in the Senate Building attended by Principal Officers of the Senate, where the suspension of the Chief Justice of Nigeria was extensively discussed.

“The discussions at the meeting centred on the public announcement made by the President of Nigeria, General Muhammadu Buhari, on the 25th day of January, 2019, in which he revealed that he had suspended the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen, and appointed Hon. Justice l. T. Muhammad as the Chief Justice of Nigeria in an acting capacity. The President’s address during the swearing-in of Hon. Justice Ibrahim Tanko Muhammad was also discussed at the meeting as well as the ex parte order made by the Code of Conduct Tribunal on which the President had acted.

“Hereto shown to me and marked Exhibit A is the said President Muhammadu Buhari’s address. The tribunal’s ex parte order is Exhibit B herein.

“I printed out Exhibits A and B from a HP desktop Computer and HP Laser Jet Pro 4ooMo1a in the office of the Senate President. We use the computer and printer aforesaid daily in the normal work of the Senate and throughout the period of their use, both have functioned accurately. Information has been regularly supplied to the computer in the ordinary cause of those activities information of the kind from which the exhibits were derived and the computer and printer have behaved properly and nothing has ever happened to make us question their reliability and accuracy.

“The President of the Senate informed the meeting that the Senate was not consulted on the matter and never received any request from the President or any other person or authority to debate the issue or present an address to the President for the removal or suspension of the Chief Justice of Nigeria.

“The Senate President and other persons at the meeting repeatedly stated that the Senate had never met to vote on the removal or suspension of the Chief Justice of Nigeria and that no address had been passed by the Senate and presented or sent to the President of Nigeria for the Chief Justice to be removed or suspended.

“The meeting also noted that the Senate was not requested to confirm and did not confirm the appointment of Hon Justice l. T. Mohammed as acting Chief Justice.”

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Federal Government To Grant Mining Licenses To Only Companies That Process Locally

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Nigeria will only grant new mining licences to companies that present a plan on how minerals would be processed locally, under new guidelines being developed, a government spokesperson confirmed on Thursday.

This is a departure from Nigeria’s long-standing practice of exporting raw commodities, as governments around Africa work to increase the value derived from their substantial mineral reserves.

To spur investment, Nigeria will offer investors incentives including tax waivers for importing mining equipment, make it easier to secure electricity generation licences, allow full repatriation of profits and boost security, Segun Tomori, a spokesperson for Nigeria’s minister of solid minerals development said.

“In exchange, we have to review their plans for setting up a plant and how they would add value to the Nigerian economy,” Tomori said. He did not say when the guidelines would be finalised or come into effect.

However, last week the minister of solid minerals development, Dele Alake, said it was now government policy to make value addition a condition for obtaining licences so as to create jobs and help local communities.

Alake, who also chairs an African mining strategy group comprising mining ministers from Uganda, Democratic Republic of Congo, Sierra Leone, Somalia, South Sudan, Botswana, Zambia and Namibia, is pushing for a continent-wide effort to get maximum local benefit from mineral exploration.

Nigeria, Africa’s top energy producer, has struggled to extract value from its vast mineral resources due to poor incentives and neglect. The underdeveloped mining sector contributes less than 1% of the country’s gross domestic product.

Last year Nigeria exported mostly tin ore and concentrates worth about 137.59 billion naira ($108.34 million), mainly to China and Malaysia, according to the country’s statistics bureau.

The government aims to drive more investment into the sector by issuing more licenses. It has set up a state-owned solid minerals corporation offering investors a 75% stake and established a special security unit tasked with fighting illegal miners.

The government is also trying to regulate artisanal miners, who dominate the sector, by grouping them into cooperatives.

Foreign mining companies operating in Nigeria include Canada-based Thor Explorations which is involved in gold exploration, Chinese-owned Xiang Hui International Mining which partnered with a local company to process gold, and Indian-owned African Natural Resources and Mines, which is building a $600m iron ore processing plant in northern Nigeria.

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Governor Babajide Sanwo-Olu Felicitates President Tinubu At 72

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Governor Babajide Sanwo-Olu, has congratulated President Bola Ahmed Tinubu on his 72nd birthday, describing him as a brave, bold, and passionate leader who is dedicated to the advancement, growth, and development of Nigeria.

He said that President Tinubu’s contribution to the nation’s growth is cause for celebration, citing the President’s unparalleled bravery, integrity, honesty, and patriotism in his efforts to steer Nigeria’s ship in the correct path since he into office on May 29, 2023.

Governor Sanwo-Olu, in a statement issued on Thursday by his Special Adviser, Media and Publicity, Mr. Gboyega Akosile, said President Tinubu has provided honest and transparent leadership in Nigeria by taking bold decisions to address challenges militating against the prosperity of Nigeria and Nigerians.

Sanwo-Olu further described the President as a visionary and master strategist whose democratic credentials are scholarly materials for study in political economy.

He said: “On behalf of my family, the government, the people of Lagos State,  members of the Governance Advisory Council (GAC), leaders, and members of the ruling All Progressives Congress (APC) in Lagos State, I congratulate our leader, President Bola Tinubu, on the occasion of his 72nd birthday.

“President Tinubu has sacrificed the greater part of his life in the service of our dear State and Nigeria. He contributed to the enthronement of democracy and good governance, serving first as a Senator in the aborted third republic and later as a pro-democracy activist, working tirelessly as a member of the National Democratic Coalition (NADECO) to struggle for the de-annulment of the June 12, 1993 presidential election.

“President Tinubu’s financial wizardry and economic intellect, which he put to good use as the Governor of Lagos State, have taken our dear state to a greater height. Today, Lagos is the pride of Nigeria, occupying an enviable position as the fifth largest economy in Africa.

“President Tinubu has made positive impacts in the country through the Renewed Hope agenda of his administration. His unblemished service and track record of impressive achievements in public office have made him a role model for many Nigerians.

“As President Tinubu celebrates his 72nd birthday, it is our prayer that God will grant him more prosperous years in good health and wisdom as he continues to serve our dear nation.”

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JUST IN: CBN Increases Banks Capital Base To N500bn, N200bn For National Commercial Banks

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The capital basis for commercial banks with international permission has been raised to N500 billion by the Central Bank of Nigeria (CBN).

The policy change was confirmed by Mrs. Hakama Sidi Ali, CBN’s acting director of corporate communications. in a declaration.

She added that commercial banks with regional authorization are expected to reach a capital floor of N50 billion, while those with national authority must meet a ceiling of N200 billion.

Announced on Thursday, March 28, 2024, this comprehensive financial reform requires significant increases in banks’ minimum capital bases, which vary depending on the size of the bank.

The latest policy directive specifies that commercial banks with international authorization are now required to shore up their capital base to N500 billion.

In a bid to tighten the financial fabric, the CBN has not overlooked merchant banks, which are now subject to a N50 billion minimum capital requirement.

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