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NDDC Budget: Senate Says Interim Management Is Illegal, Those Screened, Confirmed Can Defend Budget

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..Wants Buhari to immediately Swear-in Odubu, Okumagba, other confirmed NDDC board members

The Senate had said that those it screened and subsequently confirmed as chairman and board members of the Niger Delta Development Commission (NDDC) are the only rightful people that will come and defend the budget of the Commission before its Committee on Niger Delta Affairs.

The Senate has however urged President Muhammadu Buhari to as a matter of urgency, swear in the Dr. Pius Odubu led NDDC Board.

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Recall that the Senate in the first week of this confirmed President Muhammadu Buhari’s nominees for the board of NDDC.

The former Deputy Governor of Edo State, Dr. Pius Odubu, was confirmed by the Senate as Chairman of the NDDC Board, just as a nominee from Delta State, Chief Bernard Okumagba, was also confirmed as the NDDC Managing Director

The confirmation followed the presentation and consideration of the report of the Senate Committee on Niger Delta Affairs by its Chairman, Peter Nwaoboshi, Peoples Democratic Party, PDP, Delta North

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Also confirmed were Otobong Ndem who is now the Executive Director, Projects and Maxwell Oko as Executive Director, Finance and Administration.

The Senate had also confirmed Prophet Jones Erue (Delta), Chief Victor Ekhator (Edo), Nwogu Nwogu (Abia), Theodore Allison (Bayelsa), Victor Antai (Akwa Ibom), Maurice Effiwatt (Cross River), Olugbenga Elema (Ondo), Hon. Uchegbu Chidiebere Kyrian (Imo), Aisha Murtala Muhammed (Kano), Ardo Zubairu (Adamawa) and Amb. Abdullahi Bage (Nasarawa).
Only a nominee from Rivers State, Dr. Joy Yimebe Nunieh was not confirmed by the Senate as she did not appear for screening.

Speaking shortly after reading the letter of President Muhammadu Buhari on the 2019 and 2020 budget estimates of NDDC, President of the Senate, Senator Ahmad Lawan said that the onus was now on the President to do the needful by inaugurating the Dr. Pius Odubu led NDDC following the confirmation by the Upper Chamber in consonnance with the Constitution of the Federal Republic of Nigeria.

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The President of the Senate said, ” I believe that the executive arm of government will attend to that quickly so that we have the right people to come and defend the Appropriation request of Mr. President.”

Lawan had read the President’s request at plenary which is contained in a letter dated November 21, 2019 and addressed to him on the approval of the budget proposals for the NDDC.

The letter reads : “Pursuant to Section 18(1) of the Niger Delta Development Commission (NDDC) (Establishment) Act, I forward herewith, the 2019 and 2020 Budget Estimates of the Niger Delta Development Commission, for the kind consideration and passage by the Senate.

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“While I trust that the Senate will consider this request in the usual expeditious manner, Please accept, Distinguished Senate President, the assurances of my highest consideration”.

After reading the letter, Senate Minority leader, Senator Enyinnaya Abaribe, Peoples Democratic Party, PDP, Abia South raised a point of Order 43 of the Senate Standing Orders as Amended who reminded the Senate that members of the board of the NDDC were confirmed and yet to resume, warning that the Commission may run into a problem of delayed budget again against the backdrop that nobody will come to defend the budget.

Abaribe who drew the attention of his colleagues to the fact that members of the NDDC board duly confirmed by the Senate were yet to resume official duty, said that the failure of the executive to swear-in members of the board duly confirmed by the Senate sequel to a request from President Buhari, may threaten early consideration and quick passage of the 2019/2020 budget of the NDDC.

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According to him, the Interim Committee of the NDDC, led by Joy Nunieh, is an “illegal contraption” that lacks the backing of law to defend the commission’s budget.

Abaribe said: “We just heard from you (Senate President) the communication from Mr President which relates to the presentation of the NDDC’s Budget for approval.

“Of course, what it will mean is that the budget will go to the relevant committee of Appropriation and the NDDC Committee and some persons will come to defend the budget.

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“Having regard to the fact that this Senate has confirmed members of the board of the NDDC and they are yet to resume office, Mr. President I fear that we may run into a problem of delayed budget again since nobody will come to defend this budget.

“Because this August body having confirmed the board of NDDC, will not countenance any illegal contraption coming in front of us to say they are representing the NDDC.

“I know that this may be preemptive, but my people say that if we act quick we will prevent disaster from coming.

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“So, to prevent a delayed budget for the NDDC, that is helping the region for development, it would be better for us to prevent this issue from coming and let the needful be done.”

Responding, President of the Senate, Lawan who sustained Abaribe’s point of Order, said, “Thank you Minority Leader but because you have come under order 43, this motion is not subject to debate but let me sustain your point of order.

“As far as we are concerned this Senate knows that we have confirmed the request of Mr. President for the board membership of the NDDC and we have communicated that and the next logical thing to do by law is for the appointments of the members of the board to take immediate effect.

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“I believe that the executive arm of government will attend to that quickly so that we have the right people to come and defend the Appropriation request of Mr. President.”

Recall that the expired NDDC 2018 budget of N346. 5 billion, N2.883bn was earmarked for capital expenditure, while N311.371bn was approved for development projects just as N19.521bn was for personnel cost and N12. 737bn was approved for overhead expenditure.
Similarly, in 2017, the NDDC got a total of N364 billion as its annual budget out of which the sum of N329.850 billion was approved for capital projects.
It was gathered last week that intrigues and game play within and outside the Niger Delta region as regards the affairs of the Niger Delta Development Commission, NDDC contributed strongly to the delay in the presentation of the agency’s 2019 Budget Proposal to the National Assembly.
According to a source, the delay in the presentation by President Muhammadu Buhari may not be unconnected with the power play between forces behind the current Interim Management Committee of the NDDC and those supporting the inauguration of persons already appointed and confirmed as substantive members of the Commission.
The development however reared its head, a month to the end of the year.
Also recall that the National Assembly had with the expiration of the life span of the 2018 budget of the commission in July, raised several queries about the resort to extra budgetary expenditure by the NDDC management and board instead of making genuine efforts towards submitting the 2019 budget proposal for the commission.

It would be recalled that last week Tuesday, the House of Representatives invited the Interim Management Committee (IMC) of the NDDC for explanation on the non-availability of the Commission’s 2019 budget.

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It would be recalled that In spite of the order by the President of the Senate, Senator Ahmad Lawan some weeks ago that the interim committee should immediately give way to those appointed and confirmed as members of the NDDC management and board.

Also recall that even with the tall order from the Senate that after the screening and subsequent confirmation of the Nominees, the Interim board dies immediately, President Muhammadu Buhari is yet to act on the confirmation.

Lawan had said after the confirmation of Dr. Pius Odubu as Chairman of NDDC board and his team that “with the completion of this process now (confirmation), I am sure that any other structure that exists now (in NDDC) is vitiated.

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”I don’t think we have anything to worry about because this is one thing that is clearly established by law.”

The quagmire has however continue to generate serious concerns among stakeholders in the Oil Producing region.

Recall that the interim Committee was set up by the Minister of Niger Delta Affairs, Godswill Akpabio and he currently manages the commission.

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Also recall that Akpabio had said that the three-man committee will oversee the management of the commission to create an “enabling environment” for the audit.

He said Buhari approved the appointment of Dr Gbene Joi Nunieh as the Acting Managing Director; Cairo Ojougboh, as acting executive director, projects; and Ibanga Bassey, as acting executive director, finance and administration.
Akpabio had asked the interim committee to discharge their duties ”without fear or favour”.

He said the outcome of the committee’s work will go a long way in alleviating the suffering of the people of the Niger Delta region.

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According to the Minister, the Committee will run the NDDC for six months and oversee the forensic audit of the agency.

Following the expiration of the life span of the 2018 budget of the commission last July, the National Assembly had raised several queries about the resort to extra budgetary expenditure by the NDDC management and board instead of making genuine efforts towards submitting the 2019 budget proposal for the commission.

The Committees of the two chambers in charge of the NDDC had in a letter in August drawn the attention of the NDDC management to the provisions of section 80(4) of the Constitution which stipulated that “No money shall be withdrawn from the Consolidated Revenue Fund or any other public fund except in a manner prescribed by the National Assembly.”

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Also recall that both committees had in the letter threatened that the National Assembly would not hesitate to invoke its full legislative powers to deal with any infraction of the Constitutional provisions.

The letter with reference number NASS/SEN/HR/2019/VOL.1/003 dated August 5, 2019 and titled ‘Extra Budgetary Expenditure’ was jointly signed by the Chairman of the Senate committee on NDDC, Senator Peter Nwaoboshi and Chairman, House Committee on NDDC, Hon. Olubunmi Ojo.

It read, “The committees on Niger Delta and NDDC of the Senate and House of Representatives respectively, wish to call your attention to the expiration of the 2018 NDDC budget which specifically elapsed on 31st July, 2019.

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“Accordingly, you are directed to stop forthwith any spending except for personal Costs and Overhead.

“You may note the provision of section 80(4) of the Constitution of the Federal Republic of Nigeria 1999, (as amended) which states that : ‘money shall be withdrawn from the consolidated Revenue Fund or any other public fund except in a manner prescribed by the National Assembly.”

“Therefore, any expenditure in contravention of this express provision will amount to an illegality and the National Assembly will not hesitate to invoke its full legislative powers to deal with such infraction of the law.

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“In furtherance of the above, you are requested to furnish the committee with the following documents :Summary and comprehensive details of 2018 budget performance showing project description, Allocation, Release, Utilization, Oustanding Balance and other useful information; Statement of all Commission’s accounts (local and domiciary) from January 2018 till date; Information on the procurement processes for all Recurrent Expenditure made by the Commission From January 2018 till date.”

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Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria

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Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.

Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.

He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.

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READ ALSO:South Africa To Investigate ‘Mystery’ Of Planeload Of Palestinians

“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.

He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.

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When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.

READ ALSO:South African Ambassador Found Dead Outside Paris Hotel

We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.

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DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.

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IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police

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The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.

Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.

Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.

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All the Commissioners of Police are here and that is why we called this meeting, we have list of things like this that we will want to discuss with the Commissioners of Police, we have told them earlier and we will still let them know that every that happens within their area of jurisdiction falls under their control.”

On the issue of state police, the IGP said: “Since we got the signal that the Federal Government of Nigeria intend to establish State Police and since we are the federal police, we decided to take the bull by the horn and put down our own side of what we believe on how the state police should be run.

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“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”

 

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Court Orders SERAP To Pay DSS Operatives N100m For Defamation

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The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.

The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.

Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.

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Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.

The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.

READ ALSO:How We Arrested Terror Suspect Who Threatened To Kill Students, Teachers In Abuja — DSS

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In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.

The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.

The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.

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In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..

Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.

READ ALSO:DSS Arrests Suspected Gunrunner, Recovers 832 Rounds Of Ammunition

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He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.

The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.

However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.

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She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.

Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.

READ ALSO:Alleged Cyberstalking: DSS Plays Video Evidence In Sowore’s Trial

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He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.

Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.

The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.

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The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.

The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

READ ALSO:DSS, Police Partner NCCSALW To End Terrorism, Mop Up Illegal Arms

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John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.

They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.

The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).

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John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

READ ALSO:SERAP To Court: Stop CBN From ‘Implementing ‘Unlawful, Unjust ATM Fee Hike’

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They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.

The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

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“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.

“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”

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