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Association Of Democratic Lawyers Berates Buhari, Onnoghen For Abusing Court Process

The National Association of Democratic Lawyers (NADL) has berated President Muhammadu Buhari and Walter Onnoghen, the suspended Chief Justice of Nigeria (CJN), for abusing court process.

Onnoghen was suspended by the President on a directive by the Code of Conduct Tribunal (CCT). He is standing trial before the CCT over allegations of fraudulent declaration of assets.

A statement by Jiti Ogunye, Chairman, NADL Board of Governors, dated January 31, 2019, noted that both the Nigerian government and the suspended CJN abused court processes in the matter.

According to the group, they expected that since the charges had been filed, the executive arm of government should have respected the rule of law. For Onnoghen, the group said: “The desperate resort to the National Industrial Court and the Federal High Court by the CJN, his allies and lawyers to obtain ex-parte orders of injunction, which were procured and granted with astounding and unusual alacrity to gag the CCT, so as to prevent the arraignment and trial of the CJN Onnoghen is condemnable.

“It is an abuse of court process. The NADL hopes that at the appropriate time, the NJC shall revisit the actions of the Judges who granted these orders.”

The group also condemned the Nigerian Bar Association (NBA) for its stance on the issue, which it said “restricted itself to flaying the action of the Executive Branch of Government, mouthing hackneyed phrases about rule of law, due process, independence of the judiciary, separation of powers and adherence to constitutional principles, without paying equal attention to ethical demands in a legal profession that prides itself as honourable, integrity and credibility in the Judiciary and how to effectively combat cases of corrupt practices in the legal profession, Bar and Bench”.

The National Judicial Council (NJC) was also not spared. While commending the NJC for “eventually taking charge of the damaging allegations against the suspended CJN”, the group expressed “serious reservations about the patent lack of exhibition of urgency by the NJC in the consideration and resolution of the crisis”.

THE FULL STATEMENT

The National Association of Democratic Lawyers (NADL) hereby issues this statement in reaction to the ongoing crisis of confidence rocking the Nigerian Judiciary, arising from the filing of charges bordering on violations of the provisions of the Code of Conduct for Public Officers contained in the Constitution of the Federal Republic of Nigeria, as amended, against the Chief Justice of Nigeria ( CJN) ,Hon. Justice W.S.N. Onnoghen, at the Code of Conduct Tribunal; his suspension from office, and appointment of Hon. Justice I.T. Muhammad as Acting Chief Justice of Nigeria by the President of the Federal Republic of Nigeria, President Muhammadu Buhari; and the investigation of both the suspended CJN, and Acting CJN by the National Judicial Council ( NJC), for acts of misconducts.

The NADL, a body of lawyers, being major stakeholders in the justice administration sector and in the operation of the rule of law in Nigeria, has good reasons to critique the ongoing processes embarked upon to straighten the ethical bearings of the Nigerian Judiciary, and offer suggestions on the way forward.

1. The NADL disagrees with the filing of charges against the suspended Chief Justice of Nigeria, Hon. Justice W.S.N. Onnoghen by the CCB before the CCT. In Nganjiwa v F.RN, 2018, 4NWLR, Part 1609, 301 at 341 and 349, the Court of Appeal ( Lagos Division) had held that before a judicial officer in Nigeria who is accused of an act of misconduct which may constitute a criminal offence could be investigated, prosecuted and tried in a court of law in Nigeria, the judicial officer so accused first must have been subjected to the administrative disciplinary jurisdiction of the NJC ( under Sections 153 and 158 of the Constitution, and Part 1 , Paragraphs 20 and 21 of the Third Schedule to the Constitution ) , and removed from office, and stripped of his judgeship. The Judgment, in the view of the NADL is a protectionist judgment, calculated to grant judicial officers a cloak of immunity, similar to the executive immunity granted under Section 308 of the Constitution, thereby shielding judicial officers from criminal investigations of prosecutions. In spite of the fundamental objections of NADL to the judgment of that Court of Appeal, now on appeal at the Supreme Court, every authority and person in Nigeria is bound by that Judgment. For this sole reason, therefore, the CCT charges against Hon. W.S.N. Onnoghen ought not to have been filed. The NADL, therefore, continues to call for the withdrawal of the charges.

2. However, since the charges nevertheless had been filed, the NADL expected both the Federal Government of Nigeria (the Executive Branch of Government of the Federation) and Hon. Justice W.S.N. Onnoghen to shun abuse of court processes and abuse of powers in prosecuting and defending the charges at the CCT, the judgment of which is appealable to the Court of Appeal. Thus, the desperate resort to the National Industrial Court and the Federal High Court by the CJN, his allies and lawyers to obtain ex-parte orders of injunction, which were procured and granted with astounding and unusual alacrity to gag the CCT, so as to prevent the arraignment and trial of the CJN Onnoghen is condemnable. It is an abuse of court process. The NADL hopes that at the appropriate time, the NJC shall revisit the actions of the Judges who granted these orders.

3. In this connection, the NADL find as bizarre the order ex-parte that was said to have been obtained on the 23rd of January, 2019 by the Executive Branch of Government (the CCB and their lawyers), mandating the President to suspend the already charged but yet to be arraigned CJN Onnoghen, from office, pending the conclusion of his trial, and his immediate replacement, in an acting capacity, by the most senior justice of the Supreme Court, next to CJN Onnoghen. The CCT had a hearing on the matter on the 22nd of January, 2019, when a motion on notice praying for the same orders purportedly sought and granted ex-parte was adjourned with the entire proceedings to 28th January, 2019. It was, therefore, odd that in the intervening period, a motion ex parte was granted and an order was given, which the President claimed he relied upon to take his decision suspending Onnoghen, CJN and appointing an acting replacement for him.

4. The NADL condemns the suspension of CJN Onnoghen from office, and his replacement, as aforesaid by the President of Nigeria, Muhammadu Buhari. Under Section 292 of the Constitution, judicial officers, including the suspended CJN, have security of tenure, which guarantees that and they can only be removed or suspended from office in accordance with the dictates of the Constitution. The NADL, therefore, calls for the rescission of the decision of the President, suspending CJN Onnoghen, and replacing him with an acting CJN.

5. The NADL also expresses serious reservation about the hasty disposition of Hon. Justice I T. Muhammad, Acting CJN in accepting to be appointed and sworn in as Acting CJN, when judges of the lower bench who in the past had demonstrated that grave error of judgment or seeming unbridled ambition had, in the past, been visited with career terminal sanctions by the NJC.

6. The NADL blames the suspended CJN Onnoghen for frustrating the holding of the 88th Statutory Meeting of the NJC on the 15th January, 2019, a day after 14th January, 2019, when the CJN Onnoghen was scheduled to be arraigned in Court, by an inexplicable indefinite postponement. By that heedless postponement, the NJC was denied of the earliest opportunity it could have had to discuss the CJN’s code of conduct challenges, and charges that were filed against him. If that meeting had held, perhaps, the NJC, based on the I.N. Okoro, J.S.C. and N.S, Ngwuta, J.S.C precedents, could have been placed on suspension, for undergoing a quasi-criminal trial, like an interdiction in the public service. NADL assumes that the said postponement must have goaded a restive Executive Branch of Government into reaching for the misguided suspension of the CJN on Friday, the 25th of January, 2019.

7. Following the realization that there was fire on the mountain of the Nigerian Judiciary, the NJC, which was prevented from having a meeting on the 15th January, 2019, had to meet on Tuesday, 29th January, 2019 , by requisition. The meeting, from which suspended CJN W.S.N. Onnoghen and Acting CJN I.T. Muhammad recused themselves, and which was chaired by Rtd Hon. Justice Abdullahi, PCA, decided amongst other resolutions, to query both CJN W.S.N Onnoghen and Acting CJN I.T. Muhammad regarding the petitions submitted against them; one petition against the CJN regarding the code of conduct infractions, and two against the Acting CJN regarding his presenting himself for appointment and swearing in by the President, upon the suspension of the CJN by the President. Both of them were given seven (7) days [an abridgment of time from the regular fourteen (14) days query answering period] to answer the queries, to enable the NJC determine the matters on the 11th February, 2019.

8. While the NADL commends the NJC for eventually taking charge of the damaging allegations against the suspended CJN, the NADL has serious reservations about the patent lack of exhibition of urgency by the NJC in the consideration and resolution of the crisis. The Judiciary in Nigeria today is in a state of emergency. The NJC and its members would not have sacrificed too much for Nigeria and the Judiciary, if it had elongated its sitting, accelerated its proceedings and conducted an expedited hearing and fast track determination of the petitions. The petitions could have been reacted to in one day, the focal issues being whether the suspended CJN fully and faithfully declared his assets, and if not why; and whether the Acting CJN offered himself for appointment, and if so why? . Thus, a verdict in the form of recommendations to the Executive Branch of Government (the President) could have been rendered in three (3) days. By extending the petitions resolution period, the NJC, wittingly or unwittingly, is elongating the nightmare of the legal profession community in Nigeria and the people of Nigeria. The adjournment of the NJC Meeting to 11th February, 2019, four (4) days to the conduct of the Presidential and National Assembly Elections will further generate an avoidable state of paralysis, uncertainty and acrimony in the Judiciary, in the legal profession and in the polity.

9. The NADL condemns the leadership of the Nigerian Bar Association for its handling of the CJN Onnoghen charge and suspension issue. In its statements, pronouncements and resolutions, the NBA Leadership has restricted itself to flaying the action of the Executive Branch of Government, mouthing hackneyed phrases about rule of law, due process, independence of the judiciary, separation of powers and adherence to constitutional principles, without paying equal attention to ethical demands in a legal profession that prides itself as honourable, integrity and credibility in the Judiciary and how to effectively combat cases of corrupt practices in the legal profession, Bar and Bench. By this lopsided disposition, the leadership of the NBA Leadership has helped in portraying Nigerian lawyers as supporters of infamous conduct in the Judiciary, before the Nigerian people, especially non-members of the legal profession.

10. The NADL commends the Court of Appeal, Abuja Division for striking out, on Wednesday the 30th of January, 2019 the appellate request for stay of proceedings of the CCT, made by CJN Onnoghen, in affirmation of the inviolability of Section 306 of the Administration of the Criminal Justice Act, and in obedience to and fidelity with the decisions of the Supreme Court in Olisa Metuh v. FRN, 2017, 11 NWLR, Pt. 1575, 157.

11. The NADL calls on political power holders and interest groups to refrain from further politicizing the current crisis in the Judiciary. The current “clash of power” is between the Executive Branch of Government and the Head of the Judiciary. It is not a clash of power with the entire Nigerian Judiciary. Even if it was assumed that it was a clash of power between the Executive and the Judiciary, the Legislature is not, at this stage, involved in the dispute to warrant the rumoured bid of the Senate or National Assembly to trigger the original jurisdiction of the Supreme Court under Section 232 of the Constitution by filing an action in the Supreme Court of Nigeria. Bringing an action between the National Assembly or Senate, under contemplation, to the same Judiciary will mean that the three arms of government will be entangled in a suit, the outcome and dimension of which may be unpredictable. To be clear, there is no cause of action between the Senate and the President on the CJN Onnoghen issue yet, as the Senate is yet to sit or have any session to adopt a resolution on the matter since CJN Onnoghen was charged to the CCT or suspended by the President. The statements being made “ from the throne” by the Senate Leadership cannot be a substitute for sittings and resolution, as the power to confirm the appointment of a CJN or to remove him from office resides in the collectivity of the Senate, and not in the Senate Leadership. In the same vein, it is very doubtful whether the Senate Leadership can institute an action in the Supreme Court under the Original Jurisdiction of the Supreme Court without a formal authorizing resolution to that effect. If such an action is ever permitted by the Supreme Court, the Court may render itself open to individual senators a groups of senators bringing applications to challenge the competence of such an action, which being an action akin to a representative action must have the concurrence of all the unnamed represented parties.

12. In the prevailing situation, the NADL calls on CJN Onnoghen to seriously consider a resignation from office in the interest of the Nigerian Judiciary. While doing so, he may wish to explore the plea bargaining provisions under Section 270 of the Administration of Criminal Justice Act and other similar provisions that may enable him wrap up his planned prosecution and earn himself a dignified and orderly exit from his current travails. In making this suggestion, NADL believes in the presumed innocence of the suspended CJN Onnoghen under the law and the Constitution. The NADL does not deem or adjudge him guilty.

13. The NADL urges Nigerians to continue to repose confidence in the judiciary. As bad as allegations of misconduct and corrupt practices in the Judiciary are, Nigerians must realize that sleaze is not the defining characteristic of the Nigerian Judiciary. Corruption in the Judiciary is not the norm. It is an exception. The Judiciary is an institution of integrity and decency.

14. Finally, the NADL believes it is time to revisit the constitution and composition of the NJC in a constitutional amendment. The NJC has twenty-two (22) members, including the CJN and a Supreme Court Justice next to him in ranking. The CJN appoints twelve (12) out of the twenty members. The obvious difficulty in making the NJC work to sanction Supreme Court Justices in deserving cases, let alone exercising disciplinary control over the CJN, except when pushed and forced as it is the situation now, demands that the oddity of having serving Supreme Court Justices, largely exercising disciplinary control over themselves be cured in a creative constitutional re-engineering exercise. The time has, therefore, come for retired jurists, including retired Supreme Court Justices, Court of Appeal Justices, eminent legal scholars and professors of law and lawyers of impeccable integrity to be the members of the NJC, including the Chairman and Deputy Chairman of the NJC.

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Amnesty International Reveals Boko Haram Killed 60 People In January 28 Attack On Rann

Sixty people were killed in Monday's attack on Rann, Borno State, by Boko Haram, Amnesty international has said.

The agency said analysis from satellite images revealed the figure, just as it feared that camps for Internally Displaced Persons (IDPs) were also affected in the attacks.

In a statement released on Friday, the human rights organisation noted that the murdered persons were people who came to Rann to seek protection.

The statement read: “At least 60 people were killed following the 28 January devastating Boko Haram attack on Rann, a border town in Borno state, northeast Nigeria, Amnesty International has confirmed.

“The organization also analyzed satellite imagery which shows hundreds of burned structures in the town. Many of the destroyed structures only date back to 2017, suggesting they were shelters for internally displaced people who came to Rann seeking protection.”

Osai Ojigho, Director of Amnesty International Nigeria, noted that they had “confirmed that this week’s attack on Rann was the deadliest yet by Boko Haram, killing at least 60 people”.

“Using satellite imagery we have also been able to confirm the mass burning of structures as Boko Haram unleashed a massive assault on Rann, most of which is now destroyed. This attack on civilians who have already been displaced by the bloody conflict may amount to possible war crime, and those responsible must be brought to justice. Disturbingly, witnesses told us that Nigerian soldiers abandoned their posts the day before the attack, demonstrating the authorities’ utter failure to protect civilians,” she said.

The organisation alleged that troops withdrew, which “triggered a massive exodus of civilians to Cameroon, as fear spread that Boko Haram would take advantage and attack the town”.

The statement continued: “At around 9am on 28 January, a group of Boko Haram fighters arrived on motorcycles. They set houses ablaze and killed those left behind. They also chased after those who attempted to escape and killed some people outside the town. Eleven bodies were found within Rann town, and 49 bodies were found outside.

“Amnesty International was informed that about 50 people have not been accounted for. Those who took part in the burial explained what they saw.”

Narrating the incident, an eyewitness said: “Ten of us [Civilian Joint Task Force] came from Cameroon to Rann for the burial. When we arrived, we found and buried 11 corpses within the town, but the soldiers told us that they buried several others yesterday [30 January] who had decayed. Outside the town, we recovered and buried 49 dead bodies all with gunshot wounds.”

The United Nations had said 30,000 civilians fled for the border with Cameroon over the last few days. This is different from the 9,000 who had earlier fled Boko Haram’s previous attack on Rann on 14 January,

Amnesty International analysed satellite images from January 30, 2019, showing hundreds of structures burned in the east, south and southeast of Rann. The organisation also noted that environmental sensors detected fires in the area on January 28 and 29, 2019.

More than 100 structures were said to have been burnt in the January 14 attack, with other parts of the town “heavily damaged or destroyed”.

Amnesty International also called on Nigerian authorities to investigate the allegations that security operatives of the Multi-National Joint Task Force (MNJTF) from Rann withdrew from the area.

“Boko Haram has consistently and deliberately targeted civilians in Rann, which makes the Nigerian authorities failure to protect people all the more unacceptable. The authorities on both sides of the border must provide the supplies and safety that these people require. The Cameroonian authorities must also desist from forcing people to return until conditions are safe and they choose to do so voluntarily,” Ojigho added.

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Appraising Nigerian Army’s Strategy Towards Lasting Peace In Taraba By John Hosea

There has been quite an upheaval on the operations of the Nigerian Army in Taraba state in recent times. So much so that it portrayed the Nigeria army as having ulterior motives in its activities in Taraba state, especially as it concerns the farmers/herders conflict.

I recall that the Nigerian Army had on numerous occasions denied any form of favouritism in its operations in the state. But some citizens would hear none of it. They went further to allude that the Nigerian Army was taking sides with herdsmen in the state. A claim that was uncharitable and far from the truth.

There was mutual suspicion amongst the various stakeholders, which led to a very unhealthy relationship between the Nigerian Army and the Taraba state government and a large extent did affect the operations of the Nigerian Army in the state. But, all of that, is now history with the renewed partnership for peace and security in the state.

In my opinion, the Taraba state government indeed realized that the Nigerian Army under the present Chief of Army staff could not have been so unprofessional to takes sides with a section of the population, whereas it is constitutionally mandated to protect the territorial integrity of the country. I stand to be corrected, would such a scenario be ever possible in a country as plural as ours? Unless the bulk of the officers and men of the Nigerian Army are from a particular ethnicity or religion before such can be possible. but as they say, let bygone be bygone as we focus on the task ahead.

I am elated and as well of the opinion that with the renewed partnership between the Taraba state government there seems to be an excellent working relationship that has yielded positives in the operations of the Nigerian Army in the state.

The first victory for peace, security and development everywhere in the world is overcoming mutual suspicion and clear understanding of the issues at stake which in the present case is the security of lives and properties of the common masses.

While this may not be news to some out there, for some of us in the know of the intricacies that greeted the operations of the Nigerian Army in the state as a result of the misinterpretation of the stance of the Army in securing lives and properties, would readily agree with me that indeed this is a welcome development and worth bringing out the drums.

The centrality of Taraba in North Central Nigeria makes it greater responsibility for the Nigerian Army to ensure a peaceful atmosphere that would bring about the needed development in the state.

And this much it has strived to do in recent times, and of course, without the cooperation of the people, there would always be hitches and frictions.

But now that the various stakeholders in the state have come to terms with the invaluable contributions of the Nigerian Army in their area, they have no choice but to extend the needed support the Army needs towards the success of its operations.

I am of the opinion that this partnership should not be restricted alone to Taraba state, but other states in the North East like Benue, Nasarawa, and Plateau states that experiences a similarity of security challenges.

I know for a fact the governor of Taraba state Darius Ishaka played a tremendous role in winning the confidence of the stakeholders in the state.

That the Nigerian Army was indeed able to rise to the occasion in such an atmosphere of suspicion and all sorts of insinuations from certain quarters and citizens in the state, is a testament of the dynamic leadership of the Chief of Army staff in line with its mandate of Civil-Military relationship.

It is, therefore, sufficing to state that the role of the Nigeria Army in internal and external security in the country cannot be overemphasized given the multitude of security challenges confronting the country. The Nigerian Army has been able to rise to the occasion. However, it must be noted that it’s a product of collective responsibility for such feats to be recorded.

The case of Taraba state readily suffices, and that was why I mentioned the need for other states, not just in North Central to key into this partnership because there is nowhere in the world where there can be meaningful development in a state of insecurity.

What does this tell us? It tells us that once the head is good, the body would also be useful. This is the case in the Nigeria Army. I could safely say that professionalism and a clear cut understanding of its roles and functions in democratic settings and the need to abide by international best practices were the watch words.

In as much as this is a welcome development, it behoves on the relevant stakeholders in Taraba state to see that this renewed relationship with the Nigeria Army is sustained for peace to continue to reign and which would ultimately bring about meaningful development. And at the end of the day, Taraba and indeed Tarabans would be the greatest beneficiaries.

Hosea writes from Jalingo.

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Minimum Wage Palava And Revenue Allocation By Joseph Olaoluwa

Labour Demands For New Minimum Wage In Nigeria

Labour Demands For New Minimum Wage In Nigeria GL Trends

Tasked with the mandate of an upward review of salaries, the Nigerian Labour Congress has opened a can of worms, one that would now result into a slippery slope of all sorts. The crux of the matter is an increment of the minimum wage from a meagre N19,800 to a paltry N30,000. Even though N65,000 would have been a better upward review, the labour unions have chosen to settle for N30,000 which is agreeable for a start.

Seeing the minimum wage as an avenue to reopen a closed case, the Nigerian Governors through their forum (NGF) have responded that the proposed minimum wage will be a huge cost to bear on their finances that is now rock bottom. In their defence, the Governors opted for an upward review of the revenue allocation formula, hinging the payment of the N30,000 minimum wage on increased allocation.

Following the claims put forward by members of the Senate to the Revenue Mobilisation Allocation and Fiscal Commission (RMFAC), the current revenue formula is described as illegal. Adamu Aliero, APC-Kebbi, submitted that the current formula is “unconstitutional” as it has no law backing it and does not reflect the country’s present realities. Howbeit, the Revenue Mobilisation Allocation and Fiscal Commission (RMFAC) have fired back, saying the revenue sharing formula is backed by law as they chose to blame the Legislature for their failure to successively turn the tables around in former administrations.

Ibrahim Mohammed, the RMFAC Commission Spokesperson, who reacted to this reminded the Senate that the first Revenue Allocation Formula was passed by the National Assembly in 1982, during the Second Republic of former President Shehu Shagari.

Mohammed said: “After the military take-over, the act was amended by Decree No 106 of 1992 which continued to operate up to 1999. It is instructive to note that with the return of democratic rule in 1999 all laws were considered as existing laws as provided for by Section 313 of the 1999 Constitution and therefore, Acts of National Assembly which apply to the extent that they conform to the provisions of the constitution.”

Mohammed who reacted to this in a lengthy publication ‘Current Revenue Sharing Formula is Legal’ by The Eagle Online dated March 5th, 2018, argued that the RMFAC is in the right. In fact, he blamed the National Assembly for their continued failure to conclude deliberations on the matter which kept on since 1982 till the current administration.

The reality of the revenue formula currently is 52.68% for the Federal Government, 26.72% for states and 20.60% for the 774 local governments. Experts have frowned at this arrangement; reasons being that the Federal Government are identified to be the biggest beneficiaries of the revenue sharing formula with almost double the allocation 36 states are meant to be sharing. For a government practising fiscal federalism, 52.68% revenue allocation for the Federal amounts to wastage. While some experts believe at most, the Federal Government should collect no more than 35%, the means of allocating revenue to the states is a cause for concern.

According to the allocation of revenue act, funds are meant to be shared as follows: 56% revenue to be owned by the Federal Government, 24% for the State Government and 20% for the Local Government. Out of the 56% of monies allocated to the Federal Government; 48.50% goes to the Federal Government, 2% goes to General Ecological problems fund; 1% goes to Federal Capital territories; while 3% is dedicated to Development of Natural Resources.

The hues and cries for the review of the revenue allocation formula is characterised by the derivation principle used to allocate 26.72% to all 36 states where Nigeria as a country, has failed to move past its dependency on oil. This is because the derivation principle is a reward based system that directs a special 13% of the revenue back to the affected areas where it came from. In other words, all this drama is due to the methodology of sharing oil revenue. The struggle for the control of wealth has led to an unfortunate shift from revenue oriented principle to expenditure oriented principle.

Beyond the special 13% reserved for oil producing areas, revenue allocation to most states is very hard to come by since it is based on the level of land mass; terrain (water sides, plains, highlands); amount of rainfall; education; health and access to water. In the lieu of this, a couple of states get favoured over the other because not all states possess the all-round gifts of land mass or terrain some areas undisputedly possess. But the states still don’t get to enjoy much revenue. In the end, 10% of their total revenue is finally remitted into the State Joint Local Government Account every quarter. Little wonder states have continued to owe workers long lists of unforgivable fringe benefits, assets, salaries and allowances.

In a comment attributed to Minister of Labour, Senator Chris Ngige, he said payment of the proposed minimum wage increase is not borne out of the need to safeguard workers welfare. But the big question- if the states can actually afford the pay it. Nevertheless, both Federal Government and the states have refused to pay N30,000 all along. Until Tuesday last week where they chose to pay N27,000 and now N30,000, for the State Government and Federal Government respectively, should the labour unions agree.

There is no better time for the minimum wage to be reviewed than now. Nigeria has been listed as one of the numerous African countries alongside Uganda, Morocco, Malawi, Namibia and Rwanda to have the lowest minimum wage of N19,800, which is at best 54 US dollars. If we are to juxtapose that figure against the poverty level of $1.90 per day, we would arrive at approximately N688.29. If we go further to multiply that amount – N688.29 x 30 days will equal N20,648.70. If we go further to minus this figure – N20,648.70 from N19,800, we will arrive at a N848.70 deficit. Little wonder, Nigeria is described as the poverty capital of the world.

CEO of Global Analytics Consulting Limited, Tope Fasua, agrees to this claim. “Labour has a right to demand for higher wages at the time, given spiralling inflationary rate in the country, which has compounded since the last review in 2011,” Fasua says. Going further, Mr Fasua, who is also the Abundant Nigeria Renewal Party (ANRP) presidential candidate, said the value of N18,000 in 2011 has diminished to less than N8,000 today.

To compute a minimum wage, consideration must be given to the prevailing cost of living index, inflationary trend and capacity of employers to pay a living wage. Living wage is based on the belief a worker should earn enough income from his or her work to afford the basic living costs of his or her family.

According to wageindicator.org, living wage is an approximate income a worker needs to meet his or her family’s basic needs for food, housing, transport, health, education, tax deductions and other necessities. In other words, living wage should take care of the worker’s food costs, housing costs, transport costs, tax/contribution costs and other costs, including medical and children education. Therefore, in approving minimum wage, consideration must be given to all the essential needs of workers and their families. But, Mr Fasua said Nigerian government at all levels do not always bear in mind these factors when paying their workers.

For Ayo Teriba, economist and chief executive officer of Economic Associates, the real issue in the minimum wage debate is no more whether the demand is necessary, but whether N18,000 take home pay will “take the workers home and allow them live reasonably.”

“Divide N18,000 by 30 days, that comes to N600 a day. What can anybody do with N600 per day?” Mr Teriba asked in an interview with Leadership newspaper.

At N56,000 (the initial figure labour proposed), he said this would translate to a paltry N1,866, an amount he says is not even up to what some less endowed countries pay their citizens as unemployment allowance. This is according to an analysis by Bassey Udo, Premium Times Business and Economy Editor.

Experts have continued to argue on the importance of increasing the minimum wage and what it will mean for the economy. The common scare the masses will entertain if the minimum wage is increased is inflation and the ripple effects on the economy because the moment the average rice seller, or okada rider hears salaries has increased, prices of things will naturally go up and inflation will abound. Many experts have disagreed against this, citing economic upheaval as a multiplier effect of the salary increase, not forgetting to emphasize that it will do good in lifting the worker out of the poverty level. The gross implications of a pay raise just like the Governors suggested to President Muhammadu Buhari, if forced to pay this increase is mass retrenchment of staff, a very pivotal thing that several experts have said would happen since monies used to increase turnover will now be directed into salaries and worker’s welfare; some people may have to be laid off.

“The CBO’s report was not all positive, however. While raising the minimum wage has some upside, there are also potential downfalls. The main potential negative impact of raising the minimum wage is the loss of close to 500,000 jobs, which comes out to around 0.3% decrease in employment. The job losses could occur as a result of higher wages placing a greater strain on companies, which could lead to cutting jobs, reducing employee hours, and other methods to save the company money. The CBO reported that this number is not a definite, and that 500,000 may be an overestimate or could be a low ball and job losses could get as high as 1 million.” (The Pros and Cons of Raising the Minimum Wage, Tiffany Patterson, Smart Assets)

The Huffington Post gives the overbearing implications with a rather positive approach which though tailored to their perspective, is a modest review of the minimum wage to an acceptable and reasonable figure:

“Many critics think that raising the minimum wage will hurt precisely those workers that this policy is designed to help because firms will lay off workers to save on labour costs. Raising the minimum wage, critics argue, will create more unemployment and more reliance on public assistance. But there is no evidence to support this claim: states with a minimum wage higher than the Federal minimum have experienced faster rates of job growth than other states. How is this possible?

“When the minimum wage rises, it is usually phased in over time, giving firms time to adjust. As wages rise, firms become more productive and efficient because higher wages reduce turnover, absenteeism, and hiring and training costs. Each time a worker quits a fast-food job, where turnover rates are exceptionally high, it costs the employer $4,700 to replace them. Using the low estimate of a living wage, raising the minimum wage to $15 would save firms a total of $2.1 billion, allowing them to avoid layoffs and afford the higher costs.”

But then there are other grim details to consider. Going by the 2017 Budget implementation report recently released by the federal ministry of budget & national planning, Nigeria is bankrupt and any urge to increase the minimum wage symbolises biting more than what they we can chew. The report shows the total revenue Nigeria realised from all sources, including tax and crude oil exports, was N2.657 trillion, while recurrent expenditure, consisting overheads, workers’ salaries, service wide votes, was N2.7 trillion.

This dire implication means the country even borrowed about N100 billion to finance the recurrent budget, while the country paid N1.634 trillion as debt, meaning for every 100 kobo we (Nigeria) borrowed, 68 kobo was used to repay the debt, leaving 32 kobo. If we borrow to augment recurrent expenditure and service wide votes, it means the country is bankrupt,” Mr Onyekpere, Centre for Social Justice (CENSOJ) noted.

Nigeria is a country whose daily oil production capacity has consistently dwindled below the 2.3 million barrels projection in successive federal budgets since 2016 with the country’s foreign reserves on a downward trend from about $45 billion at the end-July to $44 billion on September 20, while the Debt Management Office (DMO) reports a rising public debt profile currently at about N22.4trillion as at June 30, this pressure will drive us a longer way downwards.

Former Niger State Governor Mu'azu Babangida Aliyu recently blamed the existing revenue sharing formula among the tiers of government for the growing imbalance in development strides in the Northern states compared with the rest of the states. In his words, the relative poverty of the (Northern) region was attributable to the country's system of revenue allocation, which, he said, unduly favoured the littoral states that get additional 13 per cent from the Federation Account on the basis of the derivation principle. The Governors Forum led by Babatunde Raji Fashola opposed the policy on the grounds that they do not have enough money to pay.

Consequently, industrial strikes ensued which made Former President Goodluck Ebele Jonathan to formally mandate every governor to increase the minimum wage from #7500.00 to #18,000.00 in February 2012. On the basis of the above, the 36 governors are pushing for a new revenue formula that will cede more funds to states and the local governments. Governors have said they are unable to pay the new wage because the states are short of cash. Should they be forced to pay, there will be little or no funds for projects.

One thing is important in all of this melodrama- the revenue allocation must be reviewed.

Holding the stake at the centre with 52% is like a Casino blackjack player holding all the cards. 52% is a lot of money not being put to good use as the worries of the government at the centre doesn’t go beyond power, security and a few other things the Exclusive list can carry. In other words, the money is usually wasted since the centre doesn’t need more than 35% to run itself. Same goes for the principle of derivation. The Niger Delta Regions cannot keep on having an extra 13% for their betterment over other states- we may want to ask what they have been doing with it since 1982 and whether the development has trickled down to swamps that birthed both Militants and Niger Delta Avengers.

Out of all 36, only eight states namely: Lagos, Ogun, Rivers, Kwara, Edo, Enugu, Kano and Delta have been able to hold their own without the Government and commendably generate revenue through taxes and other forms of services. Why can’t the other 28 states ask how they did it? Obviously there is still more room for the improvement of internal revenue generated from other states. Yet millions of workers are still being owed, a worthy example is the 15 months salaries for Kogi state or the 10 months, Benue State still owes its workers. Even the Paris Club funds were not enough to bail the states out of debt as 12 states still owed salaries after getting the funds.

Funny enough, it seems Senator Ngige has answered the question on the Governors behalf. Where he said payments of the proposed minimum wage increase is not borne out of the need to safeguard workers welfare, but the big question- if the states can actually afford the pay it. This implies that the minimum wage is clearly not a function of an evenly re-distributed allocation formula (which should have trumped the derivation principle of 1982), it is a function if the Governors will release the funds after they get their wish or lavish it on themselves, impoverishing the people of state while smiling to the banks with enriched pockets. The bitter truth being that this issue of salaries being owed is nouveau- such an unusual phenomenon until it reared its ugly head in 2014 thereabouts, however, the key to a viable nation is economic prosperity and if the Governors can boost their Internal revenue through other means and rival Lagos State, this clamour would be uncalled for.

This fight for workers welfare by the labour union is commendable, plus the doggedness involved. The result is an inevitable can of worms that might never end. We will then be tasked to ask the Governors whose interest is this clamour for an increased minimum wage for? The Government or the impoverished masses? Judging by the fact that the bill for the new minimum wage has passed second reading yet the Federal Government has not said anything concerning rejigging the revenue allocation formula.

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Suspected Ritualists Rape, Kill, Harvest Vital Organs Of Two Women In Bayelsa

Two women have been killed in Akenfa community, a suburb of Yenagoa, the Bayelsa State capital, with their vital organs harvested by persons suspected to be ritualists.

The killings occurred in separate incidents in Akenfa community, and have caused panic in the area.

A mother of four and a fish seller identified as Glory Omo-Ohwo, an indigene of Delta State, was raped and her skull smashed. Her body was dumped in an uncompleted building at Akenfa 1 area on Wednesday.

This is coming barely a few days after a mother of four was gruesomely murdered, with her face unrecognisable and brains missing.

It was gathered that Omo-Ohwo woke up at about 5am on Tuesday, January 29, 2019, to smoke some of the fishes she had purchased.

However, when her children woke up at dawn, it was said that they found one of their mother’s slippers, and she was nowhere to be found.

Her lifeless body was later found in an uncompleted building next to the compound she resides in, with her skull badly damaged.

Another victim identified as a meat-pie seller, Goodnews Stephen, who is an indigene of Kolokumo/Opokumo Local Government Area of Bayelsa State, was found dead in the early hours of Friday, with her faced shattered and her brains missing.

Her decomposing body was found at a waste dump located at the back of Akenfa Community Secondary School.

When contacted, Asinim Butswat, spokesman of the state Police Command, said he had heard of the development and that investigation had commenced into the incident.

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The Economist Backs Atiku To Win But Says His Agenda 'Too Monumental To Implement In Full'

The Economist Intelligence Unit has again predicted that Atiku Abubakar, presidential candidate of the Peoples Democratic Party (PDP), will win the February 16 election.

The forecast was published on its website on Friday.

According to the report, Atiku will come to power with a “sweeping free market agenda”, which may be too “monumental to implement in full”.

The forecast read: “A general election on February 16th is expected to yield a change in government, although the poll itself, and particularly the prospect of a messy election dispute, comes with significant downside risks to political stability.

“Our baseline forecast is for Atiku Abubakar of the Peoples Democratic Party to win outright, averting crisis. He will come to power with a sweeping free market agenda, although the overhaul that this implies will be too monumental to implement in full.”

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VIDEO: Enraged Youth Assault 'Worst Ever' Ondo South Senator Omogunwa

Yele Omogunwa, the senator representing Ondo South Senatorial District at the National Assembly, has been mobbed by enraged youth in his constituency.

The attack came a few days after Bamidele Baderinwa, the lawmaker representing Idanre/Ifedore Federal Constituency Area of Ondo State, was attacked by youth.

SaharaReporters gathered that the senator, who is a member of the All Progressives Congress (APC), was assaulted in Okitipupa area of the state. Several witnesses said Omogunwa, who was accused of poor performance by his people, was attacked at the palace of the Jegun of Idepe, Oba Michael Adetoye.

He was in the company of Vice-President Professor Yemi Osinbajo at the palace, when he was assaulted. Our correspondent gathered security operatives of the Vice-President came to Omogunwa's rescue by escorting him out of the scene.

Osinbajo was in Ondo State for a two-day visit to distribute the Trader Moni fund for traders in selected local council areas.

An eyewitness simply identified as Kayode told SaharaReporters that Omogunwa was attacked due to neglect of his constituents.

VIDEO: Enraged Youth Assault 'Worst Ever' Ondo South Senator Omogunwa

"Senator Omogunwa was attacked and nearly lynched. I saw it with my two eyes. The youth, at a time, were even shouting 'thief, thief'. Some of us were about taking a video recording of the attack when the security aides to the Vice-President told us to stop it and threatened to seize all our phones. The issue is that he (Omogunwa) is the worst senator we have ever had in this constituency. He has no meaningful constituency projects here.

"In the past three and a half years that he has been in Abuja, he has neglected us here and has been giving orders from his office at the National Assembly. I think I heard someone say he only presented one bill throughout his three and a half years, and there was a time he brought in an old truck to grade our road.

"Just imagine! He has no visible constituency office here in Okitipupa and he is not accessible. I always find it difficult to reach him on issues bothering us. Even on social media, he does not have any relevance. He is such an analogue senator. Now, election is coming, he and the other lawmakers are now seeking our votes. All of them are using the name of President Muhammadu Buhari and Yemi Osinbajo to canvass votes but we know where we are going.”

However, Jide Omogunwa, media aide to the senator, said the report of attack on the Ondo Senator was not true.

He explained that the youth demanded money from the senator, and were impatient and decided to cause a row.

"At the event, the youth came to ask for money. As he was trying to get them money, they thought he was trying to escape. So, some of these youth were now protecting him while some were pushing themselves. It doesn’t have any political undertone."

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Police Fire Teargas Canisters To Control Big Brother Naija Crowd In Abuja

To prevent an imminent stampede at the Abuja venue of the Big Brother Naija 2019 audition, policemen have resorted to firing teargas canisters into the crowd.

The applicants shut down the area and surrounding axis on Friday, as they thronged the venue of the MultiChoice Nigeria office.

They were said to have come into Abuja from within and outside the city, and the crowd led to a major traffic gridlock in the area.

Human movement from Transcorp Hilton axis to Wuse II was a nightmare.

The situation almost resulted in a stampede, which was narrowly averted when the Police fired teargas canisters into the air with a view to controlling the ecstatic crowd.

SaharaReporters gathered that the process used to screen the applicants was very slow.

Many people scampered for safety whenever there was a surge in the crowd, arising from the impatient applicants who were pushing in an attempt to outdo one another to enter the audition hall.

Some of the applicants were said to have arrived Abuja on Thursday, ahead of the event.

Findings revealed that only five people would be selected from each centre.

The auditions are taking place in eight centres across the country: Lagos, Port Harcourt, Ibadan, Warri, Calabar, Enugu and Benin.

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