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Professor of Law Writes The Senate Over Usurpation Of The Powers Of NDDC Board

Published

1 year ago

May 15, 2023

HOW LAURETTA ONOCHIE IS FIGHTING TIMIPRE SYLVA'S GUBERNATORIAL AMBITION.

Professor of Law Writes The Senate Over Usurpation Of The Powers Of NDDC Board

NDDC– Worried over the lingering crises of usurpation of the powers of the board of Niger Delta Development Commission by its management, a distinguished professor of Law. Yusuf Dankofa, PHD has a petition to the Chairman, Ad-hoc committee Investigating Budgets of the NDDC, Senator Yusuf Yusuf.

Here is the letter as obtained by us…

Distinguished Senator Yusuf Yusuf

The Chairman, Ad-hoc Committee Investigating Budgets of the NDDC,

Senate of Nigeria,

National Assembly

Three Arms Zone

Dear Sir,

SUBMISSION ON THE LINGERING CRISES OF USURPATION OF THE POWERS OF THE BOARD OF NIGER DELTA DEVELOPMENT COMMISSION BY IT’S MANAGEMENT

We are Legal Practitioners based in the above address with interests spanning constitutionalism, human rights, public interests advocacy and litigation. We have watched with keen interest the crises of leadership tussles at the NDDC which is a needless act of usurpation of powers of the board by it’s management. The crisis has now extended to the process of budgeting by the commission and if proper understanding of the Act establishing the commission and the civil service rules are not adhered to and upheld by the relevant institutions and stakeholders, that will undermine the principles of good corporate governance that will hamper the Commission from its mandate.

We therefore welcome the Senate setting up an Ad-hoc Committee under your Chairmanship to investigate the 2021, 2022 and 2023 estimates of the Commission

We respectfully identified the following key areas for determination and proffer necessary advice:

THE ROLE OF THE CHAIRMAN OF THE GOVERNING BOARD OF NDDC

We submit that the NDDC’s highest decision making organ is the Governing Board .This is amplified by section 1 sub-section 2 (1)(a) of the Niger Delta Development Commission (Establishment etc) Act 2000. This board headed by the Chairman in conjunction with the office of the Managing Director shall formulate necessary guidelines for the development of Niger Delta area.

Section 8 of the Act further provides that the Board shall have power to:

manage and supervise the affairs of the commission,
make rules and regulations to carry out the functions of the commission,
enter into such contracts as may be necessary or expedient for the discharge of its functions and
ensure the efficient performance of the functions of the commission.

With the above provisons of the Act, it becomes a settled matter of law that the Chairman of the Governing Board is the supervisory authority on all issues affecting the Commission. Without the approval of the Board, any action so taken will be a violation of the Act, and thus illegal.

The overarching responsibility of the Chairman is to protect the resources of the people and make sure that due process is followed in all administrative and financial activities. The Governing board is therefore superior to the Managing Director, because the Management must always seek approvals of the Board to make or take significant decisions.

It’s therefore our considered view based on the extant law that the Commission can only effectively perform its roles with a substantive Governing Board headed by a Chairman. Any act done without the input and approval of the board is invalid and therefore remains voidable. The so called MoU signed by the management of NDDC with a United State based firm for the construction of railway in some parts of Niger Delta without the knowledge and approval of its governing board, is nothing but a gross usurpation of powers of the board as enshrined in the Act, and therefore null and void.

CAN THE MANAGEMENT TEAM UNILATERALLY PREPARE AND PRESENT NNDC’S BUDGET TO THE NATIONAL ASSEMBLY WITHOUT INPUTS AND APPROVAL OF SAME BY THE GOVERNING BOARD?

Section 18 (1) of the NDDC act clearly provides answers to this question. The said section is herein reproduced for ease of reference,

The board shall not, later than 30th September in each year submit to the National Assembly, through the President, Commander in Chief of the Armed Forces an estimate and expenditure of the income of the commission during the next succeeding year for approval.

It is clear from the above Section that the only person that can present the budget of the Commission to the National Assembly is its Chairman. Any budget presented to the National Assembly, including the Senate, by the Management of the Commission is a breach of the Act that established the Commission. We therefore urge Your respected Red Chamber to decline validating the illegal budget proposal before you as that will amount to giving a stamp of acceptance to an unlawful act. The Senate should not consider any budget estimates from the Commission that is not approved by it’s board and presented for your consideration by the Chairman of the Commission.

May I, with respect also refer you to the Supplementary provisions regarding the Board in the NDDC Act, otherwise referred to as the Schedule. Section 1 (2)of the Schedule clearly provides that, the quorum of board shall be the Chairman and that the Board can only meet wherever it is convened by the Chairman and that under section 4 (1) the fixing of the seal of the commission shall be authenticated by the signatures by the chairman or any member of the board generally or specifically authorised by the board to act for that purpose and the managing director.

It is not in doubt that any decision made by the commission must be sanctioned by the Board. The management cannot act outside the province and authority of the Board.

The management team should be made to understand that it does not have unlimited authority and the principle of checks and balances under constitutional democracy has also been put in place by the NDDC Act so that the management team cannot confer unto itself emergency powers which will ultimately lead to abuse.

UNAUTHORISED AND FRUITLESS EXPENDITURES

We also respectfully urge your Ad-hoc Committee to examine if the Management of the Commission, especially the Managing Director, have observed the Public Service Rules, including that of seeking the approval of their supervising authority in this case, the Chairman of the board – before undertaking local and foreign trips; and also whether they travel within the airfare class so prescribed by the Public Service Rules.

We hope that you shall give the necessary considerations to the salient issues of law raised by our submission in this document and use them to resolve this unnecessary usurpation and abuse of power.

Thank you.

Yours,

Signed.

YUSUF DANKOFA, PHD

Professor of Law.

Business

ASR AFRICA FLAGS OFF CONSTRUCTION OF A N280 MILLION INTEGRATED PUBLISHING HOUSE FOR BABCOCK UNIVERSITY, ILISHAN-REMO, OGUN STATE, NIGERIA

Published

9 hours ago

July 26, 2024

Sahara Weekly

ASR AFRICA FLAGS OFF CONSTRUCTION OF A N280 MILLION INTEGRATED PUBLISHING HOUSE FOR BABCOCK UNIVERSITY, ILISHAN-REMO, OGUN STATE, NIGERIA

Sahara Weekly Reports That The Abdul Samad Rabiu Africa Initiative (ASR Africa), the philanthropic initiative of the Chairman of BUA Group, Abdul Samad Rabiu (CFR, CON), has flagged off the construction of a N280 million Abdul Samad Rabiu Integrated Publishing House for Babcock University, Ilishan-Remo, Ogun State. This project will enhance the capacity of the University from basic press status to a modern, integrated publishing house to encompass publishing, print production, and other related diversified services. The one-storey building facility will serve as a laboratory and studio for training students of communications, media studies, and allied disciplines as well as other disciplines.

At the groundbreaking event, the Vice Chancellor of the University, Prof. Ademola S. Tayo, expressed satisfaction at the nomination by ASR Africa, under its Tertiary Education Grant Scheme. He added that the choice of the project was a response to the vision to take the Mass Communications Department of the University to a whole new level. According to him, the university’s vision is to produce young men and women capable of critical thinking, and problem-solvers capable of proffering innovative solutions to problems of everyday life, be it social, political, and cultural.

In his response, Dr. Ubon Udoh, the Managing Director of ASR Africa, expressed his delight at the University’s choice of establishing an Integrated Publishing House. He added that when information is appropriately applied, human society is empowered to liberate itself from limitations and attain its full potential. Dr Udoh reiterated the commitment of the Chairman of ASR Africa, Abdul Samad Rabiu to supporting quality education within the tertiary education system in Nigeria and urged the institution to focus on the sustainability of this noble project. He also reiterated the importance of cooperation and collaboration between the university and the contractor for the timely delivery of the publishing house.

About ASR Africa

ASR Africa is the brainchild of African Industrialist, Philanthropist, and Chairman of BUA Group, Abdul Samad Rabiu, the Abdul Samad Rabiu Africa Initiative (ASR Africa) was established in 2021 to provide sustainable, impact-based, homegrown solutions to developmental issues affecting Health, Education and Social Development within Africa.

society

President Bola Ahmed Tinubu GCFR, PLEASE, ACT FAST!

Published

12 hours ago

July 26, 2024

Sahara Weekly

President Bola Ahmed Tinubu GCFR, PLEASE, ACT FAST!

by Comrade Oladimeji Odeyemi.

It’s no longer story that the preparation for the EndSars carnage went on for a while before its actual implementation.

But lack of proactive approach on the part of some people in the government of the day became a recipe for the actualisation of the dastardly act. History is about to be repeated, but I do not expect this to happen under the watch of President Bola Tinubu.

I do not say that people should not be allowed to protest if they have any reason to do so. But given the fact that the country does not have the capacity to separate genuine protesters from hoodlums, unnecessary protest should be curtailed.

Some people may be surprised that I call it unnecessary protest.

Yes, it’s unnecessary because this government has never displayed any act of rigidity since it took the mantle of leadership. It responds even to mere comments on social media expressly within. It is clear to every discerning and positive citizen that this government has become one of the most engaging one since 1999.

It has engaged with the organised labour on the minimum wage and it’s being passed to law. It has won autonomy for local government councils. It is on course for disbursements of students’ loans. It has given tax waiver for certain commodities and goods. You only protest against a government that is either passive, incorrigible or rigid. How can a government that is barely a year in office be protested against even when it has surpassed many of the past ones within one year? That cannot be called a protest but a mischief.

President Bola Tinubu should not be deceived by those who harp on funny fundamental human rights to cause mayhem. America is the country they use as a reference point. But American government does not take untoward attitude from anyone. If you want some you will be given some. There is no way for avoidable discomfort.

Kenyans are licking their wounds at the moment. We must not allow our own case to get to that point. I believe that many of those who are planning for the protest are children who do not know the implications of such a protest. Those who are old among them are those who would gladly set their universities’ libraries on fire in the name of students’ demonstration just because water tap didn’t run at the expected time.

Please, begin to show us that we have someone in charge of our affairs. Be more presidential Your Excellency. We know that it’s those who lost elections in 2023 and those they have recruited among those who think you have not compensated them among your conditional supporters that are behind the protest.

Please, refuse to be blackmailed. No matter what you do, there is but one mind in those people and it is turned against you. Please do everything humanly possible for PH REFINERY to work. Support Dangote Refinery to get crude oil locally.

We must not be importing fuel forever. Therefore, you should beware of the sinister motive of the August 1 planned protest, Your Excellency. May you continue to succeed and may all patriotic Nigerians continue to progress in all spheres of life in the mighty name of God.

Comrade Oladimeji Odeyemi is an entrepreneur, opinion leader and a security analyst.

society

Law Enforcement Training Institute ( LETI ) Commences Annual Mandatory Training

Published

18 hours ago

July 26, 2024

Sahara Weekly

Law Enforcement Training Institute ( LETI ) Commences Annual Mandatory Training.

The Lagos State Law Enforcement Training Institute ( LETI ) begins her Annual Mandatory Training Exercise for the year 2024 for Law Officers across the state.

The exercise, which will run for a duration of six weeks brings together officers from the Lagos State Traffic Management Authority ( Lastma ), the Lagos State Environmental Sanitation Corps ( Kai ), the Vehicle Inspection Service ( Vis ), the Lagos Neighbourhood Safety Corps ( Lnsc ) and the Central Business District ( Cbd ) law Officers.

In her opening remarks, the CEO / Head of Leti Mrs Abiola Adeyinka emphasised on the importance of continual training for Law Officers to ” be at their best” and to ” embrace the opportunity to enhance their skills and knowledge.” she stressed the need for professionalism, integrity, and respect for the Rule of Law in the discharge of their duties as respectable officers of the state of excellence. The training program will cover a wide range of topics to include:
* Traffic management and Enforcement.
* Public safety and security.
* Human right and law enforcement.
* Conflict resolution etc.
* Interpersonal relations to mention but few.

Mrs Adeyinka reteirated the State government commitment to ensuring that Leti delivers on its mandate of providing high quality training to Law enforcement Officers in the state.

According to the Ceo, “The Governor of Lagos State has pledged the full support of his administration to Leti in its efforts to enhance the professionalism and effectiveness of Law enforcement in Lagos State. The annual mandatory training exercise is a testament to the Lagos State government commitment to ensuring a safe, secure and well- managed environment for all residents.