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LG autonomy suit: Supreme court gives governors 7 days to file defence

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The supreme court has ordered governors of the 36 states of the federation to file their respective defences to a suit instituted against them by the federal government.

 

In the suit marked SC/CV/343/2024, the federal government is seeking full autonomy for the country’s 774 local governments.

 

The federal government is also asking for an order preventing the governors from arbitrarily dissolving democratically elected councils.

 

At the court session on Thursday, a seven-member panel of the apex court also ordered the governors, who were represented by the state attorneys-general, to file their responses to the originating summons within seven days.

 

The court also ordered Lateef Fagbemi, attorney-general of the federation (AGF), to file his response within two days after receiving the responses of the states.

 

Garba Lawal, who led the supreme court panel, agreed with the AGF that abridgment of time was necessary in the case due to its national imperative.

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The supreme court held that filing of all processes and exchanging of same must be completed before June 10.

 

The court then fixed June 13 for hearing of the suit.

 

Lawal ordered that the eight states that were not in attendance during Thursday’s proceedings must be served with fresh hearing notices.

 

The eight states are Borno, Kano, Kogi, Niger, Ogun, Osun, Oyo and Sokoto, whose attorneys-general were absent in court despite being served with hearing notices.

 

BACKGROUND

It is commonplace for governors to sack elected councils and impose caretaker committees in their stead.

 

In the suit filed by Fagbemi, the federal government also requested the supreme court to authorise the direct transfer of funds from the federation account to local governments — in accordance with the constitution.

 

The suit is hinged on 27 grounds.

“That the constitution of Nigeria recognizes federal, states and local governments as three tiers of government and that the three recognized tiers of government draw funds for their operation and functioning from the federation account created by the constitution,” the originating summons reads.

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“That by the provisions of the constitution, there must be a democratically elected local government system and that the constitution has not made provisions for any other systems of governance at the local government level other than democratically elected local government system.

 

“That in the face of the clear provisions of the constitution, the governors have failed and refused to put in place a democratically elected local government system even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state.

 

“That the failure of the governors to put democratically elected local government system in place is a deliberate subversion of the 1999 Constitution which they and the President have sworn to uphold.

 

“That all efforts to make the governors comply with the dictates of the 1999 Constitution in terms of putting in place a democratically elected local government system, has not yielded any result and that to continue to disburse funds from the federation account to governors for non existing democratically elected local governments is to undermine the sanctity of the 1999 constitution.”

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The federal government asked the apex court to invoke sections 1, 4, 5, 7 and 14 of the constitution to declare that the governors and state houses of assembly are under obligation to ensure democratically elected systems at the third tier.

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Alleged ₦3.1bn fraud: How I delivered $15.8m cash to Suswan in his residence — Witness

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Abubakar Umar, the Sixth Prosecution Witness in the trial of former governor of Benue State, Gabriel Suswam has narrated before the Federal High Court, Maitama, Abuja presided over by Justice Peter Lifu, how in 2014, he converted the sum of ₦3.1bn wired to him by Suswam as governor, and delivered its equivalent of $15.8m in cash to him at his Maitama, Abuja residence.

 

This was revealed in a statement by Head, Media & Publicity, the Economic and Financial Crimes Commission, Dele Oyewale on Saturday.

 

Suswan, alongside his then Commissioner of Finance, Omodachi Okolobia facing 11-count amended charges of money laundering to the tune of ₦3.1bn, being part of the proceeds from the sales of the state government’s shares held on its behalf by the Benue Investment and Property Company Limited, sold through Elixir Securities Limited and Elixir Investment Partners Limited.

 

During the court’s proceedings, the witness, a bureau de change operator and CEO of Fanffash Resources, who has been testifying on the matter since 2018, first, before Justice A.R Mohammed and later Justice Okon Abang, disclosed that the total sum of Suswan, alongside his then Commissioner of Finance, Omodachi Okolobia are facing 11-count amended charges of money laundering to the tune of ₦3.1bn was transferred to him by Suswam, through a proxy in tranches with the first tranche of ₦413m hitting his account on August 8, 2014 and the remaining, coming in subsequently to sum up to ₦3.1bn.

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Umar, while being led in evidence by prosecution counsel, Rotimi Jacobs, SAN, affirmed that the proxy who did the naira transfers to him was a woman.

 

According to the witness, he had to change a total sum of ₦3.1bn to dollars, which he said amounted to $15.8 million at the rate of ₦197 to a dollar and delivered it to Suswam in his Maitama, Abuja residence.

 

“One day in 2014, when I was in the office, the former governor of Benue State asked me to meet him in his house in Maitama, Abuja. I went and met him in the house together with one fair woman. He asked me to give the woman my account number. I gave the woman my Zenith Bank account number. The woman said she’ll send money into that account.

 

“On the 8th of August 2014, N413 million was transferred to my account. Based on this, I called the former governor and he told me to change the money to dollars and I asked him to give me time to do that. Three days after I bought the dollar equivalent, I called the former governor and informed him that the money was ready. He now asked me to take the money to his house in Maitama, near Jumat Mosque. I now told him that he should inform the security at the gate that I was coming, if not they’ll not allow me access into the gate. I took a cab to the house, and after I arrived at the house, I knocked at the gate and they opened. I told them my name. They opened the first and second gates and I sat in the waiting room where he came and met me. I now brought out the money which we both confirmed to be the equivalent of the N413 million. The exchange rate then was N197”, he said.

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Testifying further, he said, “On the 12th of September 2014, N637 million was transferred to my account. After N637million was transferred to my account, after like 40 minutes N363 million was also transferred into my account. On 13th October 2014, N630, 008,50, (Six Hundred and Thirty Million, Eight Thousand and Fifty Naira) was also transferred to my account. On 17th October 2014 1,0068,000 (One Billion, Sixty-eight Million) was transferred to my account. It is the woman that was directed by the former governor to do the transfers. The total money transferred to my account was N3 billion”.

 

The witness who stated that he was neither arrested by the EFCC for giving any testimony in favor of the defendant, nor threatened by the Commission to give evidence against the defendant, further disclosed that he did not have receipts for the transactions, so also no record book for them, stating that he buys dollars from his fellow retailers and only records based on discretion.

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Justice Lifu adjourned the matter till October 4,2024, for continuation of trial.

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17 killed in mass shooting in South Africa

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Seventeen people have been killed in a mass shooting in a remote South African town.

According to the BBC, the police said two homesteads in the town of Lusikisiki in the Eastern Cape, were targeted.

At least 12 women and one man were said to have been killed in one location, with three women and one man murdered in a second location.

An 18th victim is in critical condition in hospital.

The police said a manhunt for the perpetrators is under way.

Senzo Mchunu, the police minister, is expected to provide an update and visit the area where the attack occurred.

South African media report that the victims were preparing to attend a traditional mourning ceremony for a mother and daughter who were murdered a year ago.

They were packing goods and presents, including furniture, for the event when the attacked occurred on Friday night.

“The gunmen came and shot randomly, killing everyone. Women and children were also killed in the bloody shooting,“ the reports read.

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“This has left the community terrified.”

Officials are yet to determine the motive or make any arrests.

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Tinubu’s planned cabinet reshuffle won’t make any difference, says Buba Galadima

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Buba Galadima, a chieftain of the New Nigeria Peoples Party (NNPP), says President Bola Tinubu‘s planned cabinet reshuffle would not make any difference.

On September 25, Bayo Onanuga, special adviser to the president on information and strategy, said Tinubu “has expressed his desire to reshuffle his cabinet and he will do it”.

 

Speaking on Politics Today, a programme on Channels TV on Friday, Galadima said reshuffling the cabinet would not curb food inflation.

 

Galadima claimed that the president intends to reward his cronies with the reshuffle.

 

“That (planned cabinet reshuffle) has nothing to do with me or any Nigerian. What is of importance to all of us is bringing down the harsh conditions of living and the buck stops only on the table of one man. That is President Bola Ahmed Tinubu,” Galadima said.

 

“No amount of reshuffling can make a difference. As far as that team is only ‘job for the boys,’ nothing will come out of it.

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“Anybody that calls himself president or governor is responsible for their cabinet’s performance. He should be told that some of his appointees are more interested in their pockets than service delivery.

 

“I expected him to do better than this; and to hit the ground running.”

 

The NNPP chieftain asked Tinubu to find a solution to the country’s foreign exchange crisis “which has seen the naira performing abysmally”.

 

There have been growing calls from Nigerians and members of the All Progressives Congress (APC) for Tinubu to reshuffle his cabinet and remove underperforming ministers.

 

Tinubu’s policies have driven petrol prices to record highs and depreciated the naira to record lows since he assumed the reins on May 29, 2023.

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