News

Court Nullifies Malami’s Committee On Sale Of Forfeited Assets

Published

2 years ago

May 10, 2022

Editor

A federal high court sitting in Lagos has nullified the Asset Tracing, Recovery and Management Regulations 2019 for being “an invalid statutory instrument”.

The court further nullified all sales and disposals of assets made by Abubakar Malami, attorney-general of the federation (AGF), under the Asset Tracing, Recovery and Management Regulations, 2019.

Ambrose Lewis-Allagoa, the judge, gave the order on Monday in a suit filed by the Human and Environmental Development Agenda (HEDA) against the AGF.

Malami had signed a new policy titled “Asset Tracing, Recovery and Management Regulations, 2019”, which empowers the federal government to determine procedures that anti-corruption agencies must adopt to manage recovered assets.

In November 2020, Malami set up an inter-ministerial committee for the disposal of forfeited assets, following a directive by President Muhammadu Buhari.

But HEDA, through its counsel, Omotayo Olatubosun, challenged the AGF’s power to set up the committee.

It argued that the regulations conflicted with the Economic and Financial Crimes Commission (EFCC) Act, Trafficking in Persons (Prohibition) Enforcement and Administrative Act, 2015, National Drug Law Enforcement Agency (NDLEA) Act, 2004 and Independent Corrupt Practices Commission Act (ICPC), 2000, among others, on the matter of disposal of final forfeited assets.

The plaintiff sought nine reliefs, including the nullification of all disposals of assets by the AGF’s committee.

In its judgment, the court dismissed the AGF’s preliminary objection argued by Tolu Mokunolu, his counsel, and granted all of HEDA’s reliefs as prayed on the motion paper.

“I am entirely in agreement with the submission of counsels to the plaintiff that the Asset Tracing, Recovery and Management Regulations, 2019 are contrary to the statutory provisions of the Economic and Financial Crimes Commission EFCC Act, Trafficking in Persons Cohabitation Enforcement and Administration Act, NDLEA Act and Immigration Act,” the judge said.

“A careful perusal of the above statutory provisions will show the provisions for the Attorney-General of the Federation to make regulations for the agencies for disposal of assets under the various enactments listed above.

“The above statutory enactments are therefore the enabling source of the Attorney-General of the Federation to the regulations.

“Consequently, the administrative powers to be exercised by the Honourable Attorney-General of the Federation must flow from the enabling statutes.”

Lewis-Allagoa said the powers of the AGF do not override the provisions of the enabling statutes stabilising the powers of the law enforcement agencies and anti-corruption agencies.

He said the powers referred to in the commencement clause of the regulations merely are to be exercised in accordance with the Acts and not to usurp the mandatory powers vested in the law enforcement agencies and the anti-corruption agencies.

“I am therefore in agreement with counsel for the plaintiff that the executive orders or any other forms of definition can be issued pursuant to session 315 of the Constitution; however, they are limited to enactments predating the 1999 Constitution,” the judge added.

“The Acts under Consideration in this instant suit were enacted after the 1999 Constitution and do not fall within the ambit of session 315 of the 1999 Constitution.

“In all and for the reasons hereinbefore given in this judgement, the questions put for determination in the originating summons are answered in favour of the plaintiff and all the reliefs sought are granted as prayed. This is the judgment of the court read in the open court.”

The plaintiff’s reliefs granted by the judge include a declaration that by the ICPC Act, the Asset Tracing, Recovery and Management Regulations, 2019 “is an invalid statutory instrument the former having conferred no power arrogated by the Defendant to himself in the latter Regulations;

“An Order nullifying the Asset Tracing, Recovery and Management Regulations, 2019 as an invalid statutory instrument same being in excess of the provisions of the Independent Corrupt Practices Commission Act, 2000.

“An Order nullifying all sales and disposals of assets made by the Defendant pursuant to the said Asset Tracing, Recovery, and Management Regulations, 2019 same being ultra vires the office and powers of the Defendant.”

THE CABLE

News

Jose Mourinho To Be New Coach Of Fenerbahce

Published

4 hours ago

June 2, 2024

Editor

Two-time Champions League winning Jose Mourinho will be the new coach of Turkish club Fenerbahce, he announced on Saturday.

The Portuguese coach, who won the Champions League with Porto and Inter Milan, has not worked since he was sacked by Italian Serie A side Roma in January.

He has also managed Chelsea, Manchester United, Tottenham and Real Madrid.

“Good evening Fenerbahce fans, see you tomorrow at Kadikoy (the Istanbul suburb where the club is based) and let’s start our journey together,” Mourinho posted on his new club’s X account.

The 61-year-old Portuguese confirmed the move as he was acting as a pundit for TNT Sports television at the Champions League final at Wembley.

According to Turkey’s NTV television station, Mourinho’s appointment is due to be made official on Sunday.

Reports suggest that Mourinho will sign a two-year contract for Fenerbahce, one of the three big Istanbul sides that have not won their domestic league in 10 years.

Mourinho was dismissed by Roma after two-and-a-half years in January with the club struggling in ninth at the time.

He guided Roma to the inaugural Europa Conference League trophy in 2022 and the final of last season’s Europa League.

AFP

News

Private Sector Accepts FG N60,000 Minimum wage — MAN DG

Published

5 hours ago

June 1, 2024

Editor

The Director-General of the Manufacturing Association of Nigeria, Ajayi Kadri, has confirmed that the organised private sector accepted the Federal Government’s proposal for a new minimum wage of N60,000.

Ajayi disclosed this during an interview with Channels TV in Abuja on Saturday.

He clarified that ongoing negotiations between the government, the private sector and labour were focused on establishing a minimum wage rather than a living wage which represents the lowest amount that can be paid to any worker in the country.

He also stressed that both labour and private businesses have been facing significant economic challenges, making it extremely difficult for them to meet the wage demands put forward by labour unions.

He stated, “To start with, this is a very difficult time for anyone to negotiate minimum wage. From the perspective of government, labour and organized private sector, we operate in an environment where there is general acceptance of the fact that the macroeconomics are not right, even the global economy is experiencing a lot of shakeups and the aftermath of government necessary reforms.

“From the beginning of the negotiations of the minimum wage, it’s evident to the tripartite— that is the government, labour, and organized private sector— that we are going to operate in a difficult terrain.

“Incidentally, the organized private sector and government have offered N60,000 as the minimum wage and I think it is very important for us to understand that what we are talking about is the minimum wage. That is what some people have called the walk-in wage. That is the amount we will pay the least workers in the country. It is the minimum wage we are negotiating, not a living wage,” Ajayi said.

Ajayi disclosed further that both the government and the private sector face significant constraints in fulfilling the proposed N419,000 living wage request.

He mentioned that the private sector, for example, is dealing with economic challenges and inflation, making it impossible to pay such an amount.

He also explained that this is not the most appropriate time for organized labor to negotiate a new minimum wage. Instead, they should collaborate with other stakeholders to strengthen the economy.

“All of us in the tripartite— the government, the labour, and the private sector — we all knew that we were operating in a very difficult environment. The government itself realized that it had limited capacity to pay. The private sector is constrained by microeconomic, infrastructure and security challenges. So, we are also constrained to pay.

“Labour on its part, is under intense pressure from its constituencies to ask for a higher wage because inflation has hit the roof and the operating environment is tough.

“Throughout the negotiation process, we made it known that this is not the best time to negotiate minimum wage. This is the time for us to agree, the crew behind the government, and grow the economy in such that we will bake a bigger cake and then we’ll be able to share,” the director general added.

He, however, appealed to the organised labour to reconsider its decision to embark on a nationwide strike.

He noted that the labour walking out of discussions and declaring strike would not help matters.

He added that it is unfortunate that labour rejected the N60,000 offer from the government and the organised private sector, choosing to declare a nationwide strike.

“We cannot afford to cripple the economy when all we needed to do was continue to build it. I think President Tinubu was very clear when he emerged as president that these are not going to be easy times and I think we needed to tighten our belts to deliver on economy that we know has been seriously battered,” Ajayi-Kadir said on Channels Television’s Sunrise programme on Saturday.

“Of course, the government on its own side has to demonstrate leadership, sensitivity and sense and sense of mind as well as the sense of occasion of the period that we are in. So, government expenditure, government choices of what needs to be done, how much to be spent, the cost of governance itself, all of it has to come to the table.

“I think what labour is actually worried about is that they appear to be the ones on the brunt of it but we needed to be able to engage, walking out on the process and declaring strike, I do not think that that is what is going to solve this issue,” he added.

On Friday, organised labour declared a nationwide indefinite strike over the Federal Government’s refusal to raise the proposed minimum wage from N60,000.

They claimed that the strike followed the expiration of an earlier request to the Federal Government to conclude all negotiations for a new minimum wage before the end of May.

News

FG Rejects N494,000 Wage Demand, Warns of N9.5tn Economic Burden

Published

5 hours ago

June 1, 2024

Editor

The Federal Government has declared the organised labour’s demand for a national minimum wage of N494,000 as economically unsustainable, warning it could destabilise the economy and negatively impact over 200 million Nigerians.

The Minister of Information and National Orientation, Mohammed Idris, stated this during a news conference in Abuja.

In a statement signed by his media aide Rabiu Ibrahim on Saturday, Idris emphasised that the proposed minimum wage would result in an annual expenditure of N9.5 trillion, a burden he described as untenable for the nation’s finances.

According to Idris, the government’s current offer is an N60,000 minimum wage, representing a 100 per cent increase from the 2019 rate, which has been accepted by the organised private sector involved in the wage negotiations.

“The Federal Government’s new minimum wage proposal amounts to a 100 per cent increase on the existing minimum wage in 2019. Labour, however, wanted N494,000, which would increase by 1,547 per cent on the existing wage.

“The sum of N494,000 national minimum wage which Labour is seeking would cumulatively amount to the sum N9.5 trillion bill to the Federal Government of Nigeria,” Idris said.

He stressed the potential economic fallout, including massive job losses, particularly in the private sector, if the labour demand was met.

“Nigerians need to understand that whereas the FG is desirous of ample remuneration for Nigerian workers, what is most critical is that President Bola Ahmed Tinubu will not encourage any action that could lead to massive job loss, especially in the private sector, who may not be able to pay the wage demanded by the organised labour,” Idris stated.

The Minister pointed out that while labour was advocating for higher wages for approximately 1.2 million workers, the government’s priority was the welfare of the entire population, guided by principles of affordability and sustainability.

Idris called on organised labour to return to the negotiating table to agree on more reasonable and realistic wages.

He reiterated the Tinubu administration’s commitment to workers’ welfare, noting that the current wage award of N35,000 for federal workers will continue until a new national minimum wage is established.

On Friday, the Nigeria Labour Congress declared a nationwide indefinite strike starting at midnight on Sunday, June 2, 2024, due to the federal government’s refusal to increase the proposed minimum wage above N60,000.

The President of the NLC, Joe Ajaero, announced the strike following failed negotiations between the government and organized labour.

Despite the government’s final offer of N60,000, which included a recent increase from an initial N57,000, the labour unions found the proposal insufficient.

At the meeting, labour revised its demand, reducing it by N3,000 from the initial N497,000 proposed last week, setting the new proposal at N494,000.

Despite this concession, the negotiations remained deadlocked as the government maintained its offer of N60,000, leading to the declaration of a nationwide indefinite strike.