Connect with us
Advertisment

society

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

Published

on

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

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

 

Advertisment

 

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.

Advertisment

 

 

 

Advertisement

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:

  1. 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: 

  1. manage and supervise the affairs of the commission, 
  2. make rules and regulations to carry out the functions of the commission,
  3. enter into such contracts as may be necessary or expedient for the discharge of its functions and 
  4. 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.

  1. 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.

  1. 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.

 

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

Advertisment

Sahara weekly online is published by First Sahara weekly international. contact saharaweekly@yahoo.com

society

YOU MUST OVERCOME THE NEED TO BE LIKED -Apostle Suleman lectures

Published

on

YOU MUST OVERCOME THE NEED TO BE LIKED -Apostle Suleman lectures

YOU MUST OVERCOME THE NEED TO BE LIKED
-Apostle Suleman lectures

 

Advertisment

If you have always been a people pleaser and always try your best to be liked by everyone, and do not like it when people are mad at you and always your mouth shut and letting people do and say whatever and walk all over you, Apostle Johnson Suleman has a word for you.

 

Advertisment

YOU MUST OVERCOME THE NEED TO BE LIKED
-Apostle Suleman lectures

The servant of God at the Omega Fire Ministries (OFM) worldwide warns you should never try to make people like you. “Deal with fear,” he instructed in his latest homily. “The person who already likes you doesn’t need it, and the person who dislikes you doesn’t deserve it,” declares the ‘Restoration Apostle, warning that you risk being overwhelmed by anxiety and fear if you desperately need to be liked by others to be happy.

 

Advertisement

 

“It is fear. Fear is so terrible that it takes some components to crush fear; love, power and sound mind, including courage. To be free from fear, guard what you hear. When the devil throws fear at you, gather yourself and respond in faith,” Apostle Suleman lectures.

 

There are people who are incapable of saying no to other people; they struggle terribly to overcome the need to be liked by other people. But Apostle Suleman’s warning suggests the keyword to be ‘need’. It indicates that it’s perfectly okay to ‘want’ to be liked by other people. However, issues arise when it becomes a need, because you would do all sorts of dumb things just to crave acceptance in order to be liked. The famous preacher says the need to be liked by other people can only compound the problem by breaking your commitment to yourself.

 

 

It doesn’t matter if that means ignoring your values, lying to yourself, or pretending to be someone you’re not; as long as it results in you being well-liked by others, it sounds good to you. But Apostle Suleman points out the result: “Jesus Christ and other great people in world’s history never achieved the impossible goal of being universally liked. These exceptional people lived their truth regardless of whether or not everyone liked them,” he asserts, instructing that you’re better at focusing on living your truth than trying to be liked by others.

People will dislike you because of how you look, dress and talk. People will avoid you or pretend to fall asleep when you’re talking, for reasons you may never know. But, Apostle Suleman cautions you to commit to consistently living who you really are because, he says, if you don’t, no matter who you are, you will always say yes to people who don’t like you for whatever reason.

Advertisment
Continue Reading

society

Niger: One Week After Primate Ayodele’s Warnings, Bandits Attack Nigerian Soldiers (VIDEO)

Published

on

Niger: One Week After Primate Ayodele’s Warnings, Bandits Attack Nigerian Soldiers (VIDEO)

*Niger: One Week After Primate Ayodele’s Warnings, Bandits Attack Nigerian Soldiers (VIDEO)

 

Advertisment

 

Six Nigerian soldiers and a civilian hunter were killed on Friday night by bandits who ambushed them in Shiroro Local Government Area, Niger State.

Advertisment

 

 

Niger: One Week After Primate Ayodele’s Warnings, Bandits Attack Nigerian Soldiers (VIDEO)

Advertisement

 

Local sources report that the soldiers were responding to a distress call from Roro, Karaga, and Rumace communities when they were attacked. An army captain, identified as Adamu, was also abducted during the ambush. There are conflicting reports on whether Captain Adamu was subsequently killed.

This unfortunate incident has fulfilled the prophecy of Nigerian prophet, Primate Elijah Ayodele which he shared earlier in the month of April.

According to the prophecy which was captured in a video, the man of God warned the government of Niger state to be careful of attacks on military formations, government houses and governor’s convoy. He called on the authorities to watch out for any of these attacks.

These were his words:

‘’There will be a deadly attack on military formation. They must be careful so they won’t attack their government house and the governor’s convoy. They must watch on this in Niger’’

Just one week after the prophet sent this warning; bandits laid an ambush against soldiers and killed them.

There are several prophecies on the internet that Primate Ayodele has shared regarding the security situation of Nigeria. He also foretold the biggest calamity involving the brutal murder of soldiers in Delta state, kidnap operations in Nigerian schools, and several other things that have been fulfilled while some are yet to come to pass.

WATCH VIDEO BELOW:

@primateayodele

#military #nigeria #nigeriantiktok🇳🇬 #militarylife #warnings #government #niger #nigerstatetiktokers #governance #governor #governmenthouseniger #primateayodele #iescworldwide

♬ original sound – Primate Ayodele

Advertisment
Continue Reading

Business

Milan Industries claims N850 billion damages against AMCON

Published

on

Milan Industries claims N850 billion damages against AMCON

Milan Industries claims N850 billion damages against AMCON

 

Advertisment

 

 

Advertisment

 

 

 

Advertisement

…Over wrongful sale of Intercontinental Hotels

 

 

 

 

 

 

 

 

Sahara Weekly Reports That The Milan Industries Ltd, owners of Intercontinental Hotels, Lagos has filed Eight Hundred and Fifty Billion Naira (N850,000,000,000.00) damages claim against Assets Management Corporation of Nigeria (AMCON) over wrongful sale of Intercontinental Hotels Lagos.

 

 

 

 

 

Milan Industries claims N850 billion damages against AMCON

 

 

 

 

 

 

The firm had earlier filed a suit against AMCON and Polaris Bank challenging the sale of the hotel over Milan’s alleged indebtedness to Polaris, following a banking relationship between them. AMCON allegedly acquired Milan’s alleged indebtedness from Polaris, and in a bid to recover the alleged debt, purportedly sold Intercontinental Hotels – the security for the loan, to a third party. However, in December 2022, the Court of Appeal, Lagos Division, set aside the sale of Intercontinental Hotels Limited, by AMCON as being unlawful.

 

 

 

 

 

 

 

 

 

 

 

 

The claim is contained in a suit against AMCON at the Federal High Court Lagos in which Milan Industries is claiming that as a result of the unlawful sale and takeover of its hotel, it has suffered an estimated loss of more than Eight Hundred and Fifty Billion Naira (N850,000,000,000.00 ), which sum, it is now seeking from AMCON as damages in court.

 

 

 

 

 

 

 

 

 

 

 

 

The firm in its statement of claim, said “despite lodging an appeal against the judgment of the Court of Appeal, AMCON in clear abuse of court process, is also attempting to recover the unsecured part of the debt, which it estimates to be Forty Billion Two Naira (N42,000,000,000.00 ). Remarkably, at the time the hotel was sold to the third party, it was valued at Eighty-five Billion Naira (N85,000,000,000.00) whereas Milan’s indebtedness stood at Fifteen Billion Naira (N15,000,000,000.00) only, at most.”

 

 

 

 

 

 

 

 

 

 

 

 

 

According Milan Industries, “To date, AMCON and Polaris have not informed Milan how much the hotel was purportedly sold for, and whether as a result, the debt is fully liquidated or not. The directors of Milan Industries Limited are vigorously contesting the bankruptcy proceeding commenced against them by AMCON.”

 

 

 

 

 

 

 

 

 

 

 

 

 

As a result, the directors of Milan Industries have already instructed the law firms of Prof A. B. Kasunmu L.P, Ahmed Raji & Co., and A. B. Sulu Gambari & Co. to represent them in court.

 

 

 

 

 

 

 

 

 

 

“The bankruptcy proceeding is a grand design by AMCON to divert attention from the monumental damages they have inflicted on Milan Industries Limited which they, along with Polaris, must surely pay for”, the firm stated in its statement.

Advertisment
Continue Reading

Cover Of The Week

Trending