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Update: Details of Supreme Court CTC Judgment – No evidence that 27 Rivers lawmakers defected; Court slammed Fubara for destroying the government of Rivers State over his fear of impeachment

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Rivers people, Fubara backing Tinubu, says Sekibo
There is no evidence that the 27 members of the Rivers State House of Assembly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), the Supreme Court has held.

It found that Governor Siminalayi Fubara, who raised the allegation of defection, withdrew it when he retrieved all the documents he filed before the Federal High Court in Abuja.

The Supreme Court held that by failing to support his claim of defection with evidence, in the eyes of the law, no defection took place and consequently the status quo in the House of Assembly must remain.

Fubara had explained that he withdrew the processes after President Bola Ahmed Tinubu brokered peace.

He insisted that the other parties did not withdraw theirs.

The Apex the governor for behaving like a despot by demolishing the House of Assembly complex and preventing the 27 lawmakers from sitting.

It said Fubara destroyed the government of Rivers State over his fear of impeachment

These are contained in Friday’s Apex Court judgment on the Rivers crisis. The Certified True Copy (CTC) was obtained by The Nation yesterday.

“In this case, the executive arm of the government has chosen to collapse the legislature to enable him to govern without the legislature as a despot.

“As it is, there is no government in Rivers State,” the Supreme Court held.

In the 62-page lead judgment read by Justice Emmanuel Agim, a clearer picture was painted as to why the justices affirmed Martin Amaewhule as the authentic Speaker.

The court held that the Constitution did not support Fubara’s recognition of four members as the authentic House of Assembly.

It said: “What is clear from the above concurrent findings is that the 8th respondent (Fubara) started the prevention of the sittings of the Rivers State House of Assembly constituted by the number of members as prescribed by Section 96 of the 1999 Constitution long before the issue of the remaining 27 members defecting to another political party arose.

“The said activities of the 8th respondent (Fubara) were adjudged by the concurrent holdings of the Court of Appeal in its judgment in Appeal No. CA/ABJ/CV/133/2024 as illegal and unconstitutional long before the allegation of defection started.

“Against the background of these concurrent findings and holdings in the Court of Appeal Judgment in Appeal No.CA/AB)/CV/133/2024, it is reasonable to conclude that the cross appellant’s reliance on Sections 102 and 109 of the Constitution and the doctrine of necessity is to continue his brazen subversion of the Rivers State House of Assembly, the 1999 Constitution and legitimate government in Rivers State.

“Having by his own admission engaged in a series of illegal activities just to prevent the other 27 members from participating in the proceedings of the House to carry out their legitimate legislative duties which they were elected to do, his resort to Sections 102 and 109 of the 1999 Constitution and the doctrine of necessity on the basis of his allegation that they have defected is a red herring to perpetuate his subversion of the Rivers State House of Assembly, the 1999 Constitution and democratic government in Rivers State.

“The eighth respondent (Fubara) had collapsed the Rivers State House of Assembly.

“Therefore no question about any member having lost his seat in that House due to defection can validly arise.

“There must be a House of Assembly for any constitutional processes therein to take place.

“The claim that the 27 members are no longer members of the House on the basis of an alleged defection is a continuation of his determination to prevent them from participating in the proceedings of the House. It is an engagement in chicanery.

“Sections 102 and 109 of the Constitution cannot be invoked in aid of this unconstitutional enterprise.”

According to the Supreme Court, a government cannot be said to exist without one of the three arms that make it up.

It added: “In this case, the executive arm of the government has chosen to collapse the legislature to enable him govern without the Legislature as a despot. As it is, there is no government in Rivers State.

“The doctrine of necessity cannot be invoked to justify the continued existence of a deliberately contrived illegal or unconstitutional status quo.

“It cannot be invoked to justify and protect the illegal actions of the eighth respondent and his despotic rule of Rivers State without a House of Assembly.

“It applies to genuine situations that were not contemplated in the provisions of the Constitution or any law, which situations require the taking of some legitimate extra-constitutional or extra-legal actions to protect the public interest.

“The eighth respondent’s fear of impeachment by the House Assembly is no justification for his attacks on the House of Assembly, the Constitution, the Government of Rivers State and the rule of law.

“Political disagreements cannot justify these attacks and contempt for the rule of law by the governor of a state or any person.

“What the eighth respondent has done is to destroy the government because of his fear of being impeached.

“The part of the judgment of the Court of Appeal, affirming the judgment of the Federal High Court in suit No. FHC/AB)/CS/984/2024 is hereby affirmed.

“The said judgment of the Federal High Court in suit No. FHC/AB)/CS/984/2024 is hereby restored.

“For the avoidance of doubt, it is hereby ordered that the Central Bank of Nigeria and the Accountant General of the Federation should forthwith stop releasing and paying to the Government of Rivers State, its organs, departments and officials any money belonging to Rivers State until an Appropriation Law is made by Rivers State House of Assembly constituted as prescribed by the 1999 Constitution.

“The Rt Honorable Martin Chike Amaewhule and the other 26 members should forthwith resume unhindered sitting as Speaker and members respectively of the Rivers State House of Assembly.

“The Rivers State House of Assembly Should resume sitting with all elected members forthwith,” the court said.

Yesterday in Port Harcourt, a former Minister of Transport, Senator Abiye Sekibo, said he and other leaders abandoned former Vice-President Atiku Abubakar to support President Bola Ahmed Tinubu because of Fubara.

Sekibo, known as a strong supporter of the former vice president and PDP presidential candidate in the 2023 election, stunned his audience in Port Harcourt when he said Fubara was able to convince them to leave Atiku for Tinubu.

Speaking as a special guest of honour before inaugurating the Borokiri Fire Service Station in Port Harcourt City Local Government rehabilitated by Fubara, Sekibo appealed to President Tinubu not to listen to persons telling him that the Rivers Governor was surrounded by Atiku’s loyalists.

Sending his message to President Tinubu, he said: “Mr President, our own President Bola Ahmed Tinubu, lend me your ears. We, the Rivers people, have always supported the government at the centre. We have always worked with the government at the centre.

“This governor, Siminalayi Fubara, has convinced Rivers people that they must stand with their President and we do stand with you.

“There might be persons telling you stories, especially when they see people like me, who were core Atiku men, they will say: ‘Don’t you see it is Atiku people that are with the governor’.

“There are also Atiku people that are with them there in Abuja. But the governor has convinced us that the place to be is to be with our President and Mr. President we stand with you. We stand with you because that is the right thing to do.

“The elections delivered you as our President and so we stand with you. The elections delivered this governor, our son, for the first time in 24 years.

“The Ijaw nation which is more than eight local government areas of Rivers State have an opportunity of having one of their own as the governor of this state. We stand with him, we have no choice.”

Abiye said Fubara through his work in Rivers has shown that he prioritises the interest of the people and the unity of the country.

He said at a time when the state’s funds were seized, he made sure that there was no problem in Rivers, kept essential services active and worked tirelessly to avoid creating any problem for the federal government.

He called on President Tinubu to support the governor, describing Fubara as an ally of the President.

“Standing by and working with Governor Siminalayi Fubara is the right thing to do and I urge you Mr. President to stand with Siminalayi Fubara.

“My dear people as we urge our President and the Federal Government to stand with our son, we all have a duty to rally around him and stand with him,” he said.

Abiye said Fubara assured him that he would comply with the Supreme Court judgment.

He said he was honoured that the governor chose him to inaugurate the rehabilitated Borokiri Fire Station.

Fubara said the purpose of government was to provide services to the people and protect lives and property.

“So, when we are doing those things that we are elected to do and we start showcasing them, sometimes it doesn’t make any sense.

“But you have to show the world what you are doing so that they will know that you are working. Some will commission boreholes and advertise them.

“But for us, we have chosen to showcase to the world a vital and most needed item of service,” he said.

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The Great Leap Forward: Tinubu Orders Immediate Funding for Regional Development Commissions

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President Bola Tinubu has directed the Secretary to the Government of the Federation, George Akume, to ensure the release of all funds approved for the regional commissions.

Tinubu gave the directive on Monday at the North Central Development Commission Summit, themed “The Great Leap Forward: A 20-Year Economic Infrastructure and Social Development Plan for the North Central Region.”

Akume, who represented the President at the summit, said the creation of regional development commissions was part of the administration’s Renewed Hope Agenda to accelerate development across the country.

“Government will continue to give the NCDC and other Regional Development Commissions the political and financial backing to embark on key projects that will unlock the economic and industrial potentials of the nation.

“I therefore direct the Secretary to the Government of the Federation to ensure that all funds accruable to the Commissions are released as and when due,” he said.

The President, however, said the commissions should not rely solely on government funding, urging them to explore public-private partnerships, donor funding and development financing for transformative projects.

He said the commissions were expected to focus on major projects in rail, air transportation, industrialisation, security, investment, human capital development, education and health.

Tinubu also warned the boards and management of the commissions against corruption, marginalisation, politicisation and misuse of government resources.

“Such actions will not be tolerated, and government will not hesitate to sanction anyone found culpable,” he said.

The President said the regional commissions were not established to replace or duplicate the functions of state and local governments or existing federal institutions.

He said the North Central Development Commission should support efforts to address the security challenges in the region, stressing that development could only take place in a stable environment.

Meanwhile, the Nasarawa State Governor and Chairman of the North Central Governors’ Forum, Abdullahi Sule, said the region possessed the human and natural resources needed to drive economic development.

Sule said the region had demonstrated its capacity in agriculture, mining and industrial production, stressing the need to move from the extraction of raw materials to processing and value addition.

“When you are mining in North Central, you must also process in North Central,” the governor said.

He cited the establishment of a cement factory in Kogi State as an example of how local processing could transform Nigeria’s economy.

The governor said Nasarawa State, which had more than 400 steel licences when he assumed office in 2019, previously had no processing plant despite its mineral resources.

He said the state had since become home to the country’s largest and second-largest lithium processing plants.

“The North Central is the home of Benue cement. The North Central is the home of rice production. The North Central is the home of sesame production. So we have it all. Whatever it is that we are looking for, we have it,” Sule said.

He said what the region needed was leadership capable of developing and implementing long-term plans.

“What do we need more? We need thinkers. We need implementers. We need people who understand what it means to lead,” he said.

Sule also commended the Tinubu administration’s economic reforms, saying the policies had increased revenues available to the federal, state and local governments.

“Today, we are paying salaries without borrowing money from the bank. Even if you hate him, you cannot hate his policies. Even if you disagree with him, you cannot disagree with his policies. And that is the only way we can build,” he said.

Earlier, the Chief Executive Officer of the North Central Development Commission, Cyril Tsenyil said the commission’s role was to coordinate regional development and mobilise resources and partnerships rather than replace the six state governments and the Federal Capital Territory.

He said the commission’s 20-year plan would focus on developing regional economic corridors, processing agricultural and mineral resources, improving infrastructure and creating opportunities for young people.

He said the region should aspire to become one of Africa’s most competitive agricultural regions rather than merely being known as Nigeria’s agricultural hub.

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Railway Revamp Will Open New Frontiers for Trade, GDP Growth, Says Opeifa

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The Managing Director/Chief Executive Officer of the Nigerian Railway Corporation (NRC), Dr. Kayode Opeifa, has said an efficient railway system will boost Nigeria’s GDP, strengthen trade and food security, reduce transportation costs and improve the general standard of living.

Speaking on TVC’s This Morning Show, Opeifa said the Corporation is focused on optimising existing railway assets while encouraging greater participation by state governments, regional development commissions and the private sector.

“The NRC is not doing badly, but we could do better. We should have been better than where we are today if not for many years of inaction,” he said.
He explained that Nigeria inherited an extensive railway network linking major parts of the country, but decades of inadequate investment and the abandonment of the narrow-gauge system during the modernisation drive created major setbacks.

According to him, the present administration is correcting past mistakes by rehabilitating existing lines, expanding the standard-gauge network and strengthening partnerships with states.

Opeifa said moving railway matters from the Exclusive Legislative List to the Concurrent List has opened fresh opportunities for states and private investors.

He cited the Lagos Red Line as a successful example of what he described as “Railing with the States,” adding that similar initiatives are being pursued in Plateau and Zamfara states.

He also disclosed that regional development commissions and state governments across the South West, South East, North East and North Central are engaging the NRC on railway development.

“Every state and region is now showing interest, and the national government is ready,” he said.

On freight development, Opeifa said the Federal Government had completed the connection of the Lagos-Ibadan Standard Gauge Railway to the port, while goods are also being moved from Apapa towards Ilorin on the narrow gauge.
It
He added that arrangements had been concluded to move freight from Lagos to Kano, Kaduna and Minna, stressing that the Corporation is determined to keep existing railway corridors commercially active.

The NRC boss said the Port Harcourt-Aba section of the Eastern corridor had also been completed and was operational.

He identified poor road links to railway stations as a major challenge to intermodal transportation and urged state governments to provide efficient connections between railway stations, cities and public transport networks.

According to him, railway remains a major driver of industrial development, supporting factories, agriculture, mining, petroleum distribution and inland container movement.

He said completion of rehabilitation works on the Western Line would create opportunities for increased movement of petroleum products and other freight by rail, thereby reducing pressure on roads.

Opeifa also disclosed that the NRC is exploring opportunities in livestock and agricultural transportation, including the use of refrigerated wagons for perishable goods.

On regional connectivity, he said Nigeria’s railway links with neighbouring countries would strengthen trade and give landlocked countries access to Nigerian seaports.

He expressed optimism that the Kaduna-Kano railway project could be completed by December 2026, paving the way for rail movement from Abuja to Kano.

Speaking on the suspended Warri-Itakpe Train Service, Opeifa apologised to passengers and said safety remained the Corporation’s priority.

He explained that although track rehabilitation and a test run had been completed, passenger operations would not resume until safety audits of the track, equipment and personnel were concluded.

Opeifa also said the NRC had completed a proof of concept for the use of Liquefied Natural Gas in railway operations and remained committed to tackling ticket racketeering.

“If we get the railway system right, our GDP will increase, farmers and small businesses will benefit, inflation will continue its downward movement and the general standard of living will improve,” he said.

He urged state and local governments, regional development bodies and private investors to take advantage of opportunities in the railway sector.

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Fake Agency Scandal Deepens as Ministers, DGs Face Foreign Travel Hurdles

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The Federal Government has barred ministers, heads of ministries, departments and agencies and other government appointees from embarking on official foreign trips without prior approval from the Office of the Secretary to the Government of the Federation.

The government also directed the Ministry of Foreign Affairs to make evidence of valid approval from the Office of the Secretary to the Government of the Federation a mandatory requirement for processing official travel documents, including official, diplomatic and service visas for government appointees.

The directive was contained in a circular signed by the Secretary to the Government of the Federation, George Akume, and addressed to top government officials and heads of major Federal Government institutions.

The move comes amid heightened scrutiny of government agencies and individuals claiming to represent the Federal Government, following the controversy surrounding the self-styled Director-General of the purported Presidential Foreign Intervention Promotion Council, Prince Adeniyi Adeyemi.

The controversy has raised questions about how individuals claiming official status can undertake engagements in the name of Nigeria, including foreign engagements, without clear evidence of government authorisation.

However, the latest directive is broader and applies to Federal Government appointees generally.

The circular, titled “Non-Compliance by Government Appointees with the Requirement for OSGF Approval for Official Foreign Trips and the Mandatory Inclusion of OSGF Approval in the Processing of Official Visas,” said the government had observed that some officials continued to embark on official foreign trips without obtaining the required clearance.

It stated, “It has been observed with concern that some Federal Government Appointees continue to embark on official foreign trips without obtaining prior approval from the Office of the Secretary to the Government of the Federation (OSGF), contrary to extant government directives and established administrative procedures regulating official travels outside the country.”

The SGF recalled that the government had issued several circulars over the years to regulate official foreign travel by ministers, heads of ministries, departments and agencies, boards, committees and other public officials.

According to the circular, these directives were issued “with a view to promoting accountability, fiscal discipline and effective coordination of Government business.”

The circular listed a September 18, 2023, circular on “Guidelines for Official Travels by Cabinet Members, Heads of Agencies and Public Officials”, a March 31, 2015, circular on “Guidelines for Official Trips by Chairmen of Federal Government Committees, Boards of Corporations and Government-Owned Companies” and a September 27, 2017, circular on “Additional Cost Control Measures to Guide Foreign Trips by Ministers and Senior Government Officials.”

It also referenced a March 8, 2018, circular on “Observed Indifferent Adherence to Extant Regulations Guiding the Conduct of Foreign Trips by Public Officials” and a November 20, 2012, circular on “Further Cost-Cutting Measures and Fiscal Prudence on Travel by Cabinet Members.”

Despite the previous directives, the SGF said cases of non-compliance had persisted.

The circular stated, “Despite these directives, instances of non-compliance continue to be recorded.”

It warned that the development had broader implications for government administration, stating, “This trend undermines Government’s efforts to ensure proper coordination, accountability, transparency, prudent management of public resources and effective monitoring of official foreign engagements undertaken on behalf of the Federal Government of Nigeria.”

The government consequently reaffirmed the requirement for prior clearance.

The circular stated, “Accordingly, all official foreign trips undertaken by Federal Government appointees shall continue to require prior approval from the Office of the Secretary to the Government of the Federation before such trips are undertaken, except where otherwise expressly provided by law or by specific Presidential directive.”

It added, “This requirement is consistent with the principles of due process, centralised coordination of government business and prudent management of public resources, as reflected in the Public Service Rules, 2021 Edition, the Financial Regulations (Revised Edition, January 2009) and other extant Government directives.”

As part of the immediate measures to strengthen compliance, the Ministry of Foreign Affairs has been directed to ensure that evidence of OSGF approval forms part of the documentation required for official foreign travel.

The circular directed that “The Ministry of Foreign Affairs shall include evidence of valid OSGF approval, where applicable, as a mandatory requirement in the processing of requests for official Notes Verbales, diplomatic facilitation and all applications relating to official foreign travel by Government Appointees.”

The ministry was further directed to communicate the requirement to foreign missions and embassies operating in Nigeria.

It stated, “The ministry is further requested to formally communicate this requirement to all Foreign Missions and Embassies accredited to the Federal Republic of Nigeria, advising that applications for Official, Diplomatic or Service Visas by Government Appointees should, where applicable, be accompanied by duly issued OSGF travel approval as part of the mandatory supporting documentation.”

The new measure therefore gives foreign missions an additional means of verifying whether a Nigerian government official travelling on official business has received the required authorisation.

The Office of the Auditor-General for the Federation was also assigned responsibility for checking compliance with the directive during audit exercises.

According to the circular, “The Office of the Auditor-General for the Federation shall require every government appointee who undertook an official foreign trip at public expense to produce evidence of the requisite OSGF approval during audit exercises.”

The government further warned that public funds spent on unauthorised foreign trips would be subject to scrutiny.

It stated, “Any expenditure incurred in respect of official foreign travel undertaken without the required approval shall be reported appropriately in accordance with extant Financial Regulations and applicable audit procedures.”

The directive also places a direct responsibility on accounting officers and heads of Federal Government institutions to prevent the processing of public funds for unauthorised trips.

It stated, “Accounting Officers, Permanent Secretaries, Chief Executive Officers and Heads of Federal Government Agencies shall ensure that no expenditure relating to official foreign travel by government appointees is processed unless the requisite OSGF approval has first been obtained.”

The SGF consequently directed all ministers, permanent secretaries, accounting officers and heads of ministries, departments and agencies to ensure compliance.

The circular stated, “All Honourable Ministers, Permanent Secretaries, Accounting Officers and Heads of Ministries, Departments and Agencies are hereby directed to ensure strict compliance with the provisions of this Circular.”

It further stated that the directive was effective immediately, declaring, “This circular takes immediate effect and supersedes any administrative practice inconsistent with its provisions, without prejudice to existing extant regulations governing official foreign travel.”

The circular was addressed to the Chief of Staff to the President; Deputy Chief of Staff to the Vice President; all Honourable Ministers and Ministers of State; Head of the Civil Service of the Federation; National Security Adviser; Economic Adviser to the President; Special Advisers and Senior Special Assistants.

It was also addressed to the Chief of Defence Staff, Service Chiefs and Inspector-General of Police; Governor of the Central Bank of Nigeria; Chairman, Federal Civil Service Commission; Chairman, Police Service Commission; Chairman, Code of Conduct Bureau; Chairman, Code of Conduct Tribunal; Chairman, Federal Character Commission; Chairman, Revenue Mobilisation, Allocation and Fiscal Commission; Chairman, Federal Inland Revenue Service; Chairman, Independent National Electoral Commission; Chairman, National Population Commission; Chairman, Independent Corrupt Practices and Other Related Offences Commission; Chairman, Economic and Financial Crimes Commission and Chairman, National Drug Law Enforcement Agency.

Other recipients listed in the circular were all permanent secretaries and Heads of Extra-Ministerial Departments; Clerk of the National Assembly; Chief Registrar of the Supreme Court of Nigeria; Accountant-General of the Federation; Auditor-General for the Federation; and Directors-General and Chief Executives of Parastatals, Agencies and Government-Owned Companies.

The breadth of the recipients means the directive covers ministers, senior political appointees, permanent secretaries, security chiefs, heads of regulatory and anti-corruption bodies, electoral institutions, financial institutions, government agencies and government-owned companies.

The development is coming against the backdrop of the controversy over the purported PFIPC, which has drawn attention to the need for stronger verification of individuals and organisations claiming to represent the Federal Government.

The purported PFIPC and its self-styled Director-General, Adeyemi, have been at the centre of investigations into alleged impersonation and the use of questionable government documents.

The matter has also raised concerns about how purported government officials could engage public institutions and foreign entities while claiming to represent Nigeria.

The latest directive, however, does not single out the purported PFIPC or Adeyemi.

Instead, it establishes a general requirement that government appointees must obtain central approval before undertaking official foreign engagements.

By directing the Ministry of Foreign Affairs to demand evidence of OSGF approval, the government is also creating a formal verification mechanism for foreign missions processing travel documents for Nigerian officials.

The financial provisions of the circular further link official travel approval to accountability for public expenditure, as accounting officers have been directed not to process expenses relating to foreign trips unless the required approval has been obtained.

The measures are expected to strengthen the Federal Government’s control over official foreign engagements, reduce unauthorised travel and ensure that persons travelling abroad in the name of the government have the necessary approval to represent Nigeria.

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