Friday, 5 February 2016

Lagos inaugurates mobile courts for traffic offenders

The Chief Judge of Lagos State, Justice Olufunmilayo Atilade, on Friday inaugurated mobile courts in the state which will move around the metropolis to summarily try traffic offenders and mete immediate punishments to them where applicable, according The Punch.
With the mobile courts, which would move around in buses, Atilade said the end had come to “the era of recklessness and impunity on our public roads and highways.”
The Chief Judge regretted that until now unruly road users, who daily cut the lives of innocent citizens short and caused traffic snarl leading to wastage of productive hours on the roads, had gone unpunished.
She, however, said the situation, which she described as unacceptable, would no longer go unpunished as the mobile courts signified the state’s determination “to fully enforce the extant traffic laws in the state and take stiffer measures against road traffic offenders.”
Atilade said, “Those who chose to make life difficult for other people, especially on our roads, should have a re-think, as they would henceforth be held accountable for their deeds.
“Flagrant disregard or violation of traffic rules with impunity is unacceptable and as such, must be discouraged and condemned by all.”
The Chief Judge said the initiative was targeted at curbing the excesses of “those to whom the laws of the land are of no value.”
She said, “You see them break traffic rules at will, and cause needless traffic snag on our roads. They also, most often, drove against traffic and beat the traffic lights, destroy traffic furniture and infrastructures, drive across the road median and through their lawlessness and irresponsible actions, daily inflict pains, grieve and sorrow on fellow citizens.
“Businesses are impeded, as several productive hours are unnecessarily lost in traffic, mostly due to acts of indiscipline by few recalcitrant and obstinate drivers and road users, who are laws unto themselves. As, we speak, many have been sent to early graves, while several others are either maimed or lying critically ill in the hospital.”
She stated that the courts would be presided over by magistrates who are vast in all aspects of the law, and warned law enforcement agents not to allow themselves to be caught abetting or condoning reckless drivers.
In his speech, the state’s Commissioner for Justice and Attorney General, Mr. Adeniji Kazeem, said the initiative was not only to punish traffic offenders but to also give the citizens better access to justice.
“It is hoped that these mobile courts, which is an institutional reaction to identified social challenges, will facilitate prompt and immediate trial of traffic and environmental offenders,” Kazeem said.

KAI GETS NEW MARSHAL GENERAL



Lagos State Governor, Mr. Akinwumi Ambode, has approved the appointment of Mr. Amusat Bola Jimoh as the new KAI Marshal General of Lagos State.

Jimoh, a retired Chief Superintendent of Police, was on Wednesday sworn in as the Marshal General by the State Commissioner for the Environment, Dr. Babatunde Adejare on behalf of the Governor. Before his appointment, Jimoh had served as the Divisional Police Officer (DPO) Alausa and Anthony Police stations as well as in various capacities in the Nigeria Police Force before he retired from the force.

The new KAI Marshal has a Bachelor of Science Degree in Peace and Conflict Resolution from National Open University of Nigeria and an advanced Diploma Certificate in Security from University of Lagos. Jimoh, who is the fourth KAI Marshal General, succeeds Captain Danjuma Maigari (Rtd).

Also appointed are three Assistant KAI Marshal General, Mr. Dapo Bode Thomas for Lagos Central Senatorial District; Mr. Jacob Asogba, for East Senatorial District, while Abdul Salam Kabir is in charge of Lagos West Senatorial District.

Go face your CCT trial, Supreme Court tells Saraki


Image result for Dr. Bukola Saraki and cct trial
The Supreme Court has dismissed an appeal by the Senate President, Bukola Saraki, challenging the validity of his trial on charges of assets declaration preferred against him at the Code of Conduct Tribunal.

A seven-man panel of the apex court presided over by the Chief Justice of Nigeria, Justice Mahmud Mohammed, unanimously ruled on Friday that Saraki’s appeal against the jurisdiction of the trial and competence of the charges, lacked merit.

Justice Wallter Onnoghen, who read the lead judgment, held that contrary to Saraki’s contention, the Danladi Umar-led Code of Conduct Tribunal was validly constituted by two members.

Justice Onnoghen also held that the tribunal was by the provisions of its enabling laws and the Constitution conferred with the quasi-criminal jurisdiction and thus could validly issue bench warrant.

He thus held that the Administration of Criminal Justice Act 2015 was applicable to the proceedings of the tribunal.

He dismissed the allegation by Saraki that he was not properly served with the charges and also held that the charges filed before the CCT before the appointment of the Attorney-General of the Federation were valid.

He also noted that there was an attempt by Saraki to intimidate the ‎CCT by claiming that it disobeyed the order of a Federal High Court barring it from continuing with the proceedings pending the determination a suit filed by the Senate President to challenge the trial.

“I have looked at the records, there is no where such orders was made,” Justice Onnoghen ruled.
The CJN and other Justices on the panel agreed with the judgment.

The rest of the panel members who consented are Justices Tanko Muhammad, Sylvester Ngwuta, Kudirat Kekere-Ekun, Chima Nweze and Amiru Sanusi.

After the judgment on Friday, an army of political associates, who attended the proceedings walked out of the court quietly.

Following the Supreme Court judgment it is expected that the CCT will soon issue hearing notice for the continuation of the Senate President’s trial on three counts of false assets declaration.

With The Punch

Supreme Court rules on Saraki CCT trial today

The Supreme Court will on Friday (today) determine whether or not to stop the trial of the Senate President, Dr. Bukola Saraki, on charges of false asset declaration before the Code of Conduct Tribunal.
A seven-man bench, led by the Chief Justice of Nigeria, Justice Mahmud Mohammed, had on December 4, 2015, fixed Friday for judgment after entertaining arguments on an appeal by Saraki, with the Federal Government urging the apex court to dismiss the Senate President’s case and allow the trial before the CCT to continue.
Saraki’s appeal filed through his lead counsel, Mr. Joseph Daudu (SAN), is challenging the majority judgment of the Court of Appeal in Abuja, delivered on October 30, 2015, which affirmed the jurisdiction of the CCT to try him and the competence of the charges of false asset declaration preferred against him by the Federal Government.
The Federal Government had, in September 2015, arraigned Saraki before the CCT on 13 counts of false asset declaration which he allegedly made in 2003 as governor of Kwara State.
The Danadi Umar-led CCT had dismissed Saraki’s protest against the competence of the charges and jurisdiction of the tribunal.
Saraki had appealed against the decision of the tribunal, but the appeal was dismissed by a two-to-one split decision of a three-man bench of the Court of Appeal in Abuja on October 30, 2015.
He further appealed to the Supreme Court, maintaining that the charges were not competent and that the CCT lacked the jurisdiction to try him, because it was not duly constituted as it comprised two instead of three members provided for by the Constitution.
The Supreme Court had, on November 12, 2015 through a five-man panel, led by now retired Justice John Fabiyi, granted an order of stay of proceedings in Saraki’s trial before the CCT, pending the hearing and determination of his appeal.
After granting the order of stay of proceedings, the apex court ordered parties – Saraki and the Federal Government – to exchange their briefs of argument within 14 days.
A new panel, headed by the CJN which heard the appeal on December 4, 2015, comprised Justices Walter Onnoghen, Tanko Muhammad, Sylvester Ngwuta, Kudirat Kekere-Ekun, Chima Nweze and Amiru Sanusi.
Saraki’s lawyer, Daudu, raised seven grounds of appeal against the judgment of the Court of Appeal, urging the Supreme Court to set aside the lower court’s judgment, the entire proceedings of the CCT and the charges preferred against him before the tribunal.
At the hearing of the appeal, Daudu faulted the judgment of the appeal court on, among other grounds, that it erroneously affirmed the competence of the proceedings of the Code of Conduct Tribunal, which sat on the appellant’s case with only two members as against the three provided for in the provisions of Paragraph 15(1) of the Fifth Schedule to the 1999 Constitution.
Daudu also maintained that the charges filed by the then Deputy Director in the Federal Ministry of Justice, Mr. Muslim Hassan (now a Federal High Court judge), when the office of the Attorney-General of the Federation had not been occupied by any person, were incompetent.
In its respondent’s brief of argument opposing the appeal filed by Saraki, the Federal Government through its counsel, Mr. Rotimi Jacobs (SAN), urged the Supreme Court to uphold the majority decision of the appeal court which held that the Danladi Umar-led CCT was duly constituted.

With The Punch

FIRS: Auditor General queries the ‘missing N400b’

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For failing to account for how it has expended about N400 billion, representing four per cent cost of non- oil tax collection between 2010 and 2015, the nation’s tax agency- the Federal Inland Revenue Service (FIRS) has earned the ire of the Auditor -General of the Federation (AuGF) Mr. Samuel Ukura.
FIRS is entitled to a four per cent of non oil taxes it generates and the sum is disbursed to it every month at the Federation Accounts Allocation Committee ( FAAC) where federation revenue is collated and distributed amongst the three tiers of government.
The Nigerian Customs Service ( NCS) on the other hand is entitled to seven per cent of its revenue generated from import duties and export fees.
FIRS during the period under review generated nearly N26 trillion out of which the non- oil components was around N10 trillion for which the tax agency was entitled to four per cent translating to about N400 billion.
But the Office of the Auditor-General of the Federation has come up to say that it was yet to receive statement of account detailing how FIRS deployed the sum, in spite of repeated reminders.
This information was brought to the fore yesterday during interaction between the new Executive Chairman of the FIRS , Mr. Tunde Fowler and the visiting members of the Senate Public Accounts Committee led by its chairman, Dr.Andy Uba.
According to Uba : “ We are just coming from the Office of the Accountant – General of the Federation (OAGF ) for a similar oversight function and while we were there, there is a question I asked the Accountant General, Alhaji Idris Ahmed about Ministries, Departments and Agencies’ (MDAs) compliance with accounts  and he said it is on record that four per cent cost of collection enjoyed by the FIRS had not been included in the financial statement of FIRS since 2010 despite  the Auditor General’s persistent queries.”
Reacting, Fowler informed the committee that the FIRS management under his leadership had just commenced a comprehensive audit of the agency as well as other MDAs, including banks with a view to ascertaining if all the taxes due to the government have been duly remitted to Government’s Account.
.” We also wrote them in September that if there are any amounts unapplied because sometimes tax payers pay them and quote the wrong account number and it goes into suspense account and so we have told them to remit any amount unapplied that belongs to the Federal Government directly to our account”, he added
A breakdown of the about N26 trillion tax revenue generated by the agency within the period 2010 to 2015 indicated that that it generated a sum of N2.839 trillion in the year 2010; another sum of N4.61 trillion in 2011 out of which non-oil constituted the sum of N1.40 trillion; in 2012 , the sum of N5.07 trillion was generated, out which the non oil component contributed the sum of N1.792 trillion.
In 2013, a cumulative sum of N4.805 trillion was generated with non- oil contributing N2.096 trillion while the balance was from oil mineral taxes. The following year, total collection was N4.715 trillion, out. of which non oil yielded they sum of N2.096 trillion.
Also in 2015 , taxes fetched the sum of N3.743 trillion out of which the sum of N2.059 trillion was contributed by non -oil taxes.

With The Guardian