Tuesday, 13 July 2021

INEC Job: Federal Character, Not Partisanship Forced Senate To Reject Onochie by Bode Gbadebo and Sunday Isuwa

The Senate has rejected the nomination of President Muhammadu Buhari’s senior special assistant on New Media, Lauretta Onochie, as a National Commissioner of the Independent National Electoral Commission (INEC). But contrary to public expectation, the Senate panel which screened Onochie for the appointment did not find her guilty of partisanship allegation levelled against her by several petitions sent to the Senate Committee on INEC. Rather, the committee didn’t recommend Onochie for confirmation as a National Commissioner of INEC because of apparent violation of the Federal Character principle as enshrined in the 1999 Constitution as amended. Therefore, irrespective of the weighty allegation of partisanship, the Senate panel looked the other way and decided to believe Onochie’s public denial of the membership of the ruling All Progressives Congress (APC) despite contrary facts. LEADERSHIP reports that Onochie’s nomination alongside other nominees was forwarded to the Senate in October 2020 even though she said she quit the membership of the APC since 2019. But an incontrovertible court document shows otherwise. Onochie deposed to an affidavit in June 2021 wherein she admitted being a member of the APC. By implication, Onochie was still a politician as at the time of her nomination as INEC National Commissioner in 2020. She was confronted with the court document at the confirmation hearing by a member of the Senate Committee. However, Onochie was rejected on the ground that there is already a National Commissioner of INEC from Delta State, Barrister May Agbamuche-Mbu, not because she was partisan. Presenting the report of the Senate Committee on INEC, the chairman of the committee, Senator Kabiru Gaya (APC, Kano South) said the panel rejected Onochie in line with the federal character principle, which is enshrined in section 14 (3) of the 1999 constitution as amended. “Her nomination violated the federal character principle and national unity. Other sections of the country have also presented petitions against her nomination. “In 2016, we confirmed a national commissioner from Delta State, Mrs May Mbu and confirming Lauretta from the same Delta State will violate the federal character,” Gaya said. For his part, Senate President, Ahmed Lawan, said the committee was unable to forward Onochie’s name for confirmation because that her nomination was negatived, adding that she won’t be approved for confirmation. It is interesting to note that President Buhari nominated Onochie to represent her native Delta State but when she appeared before the Senate Committee on INEC for screening last week, she said she was nominated to represent Cross River State, being her husband’s state of origin and not Delta State, where she hails from. So, if Onochie was rejected based on federal character violation, she might be reconsidered for the same position if she is to be renominated this time around from Cross River State if does not violation the federal character principle again. Bode Gbadebo and Sunday Isuwa by Bode Gbadebo and Sunday Isuwa The Senate has rejected the nomination of President Muhammadu Buhari’s senior special assistant on New Media, Lauretta Onochie, as a National Commissioner of the Independent National Electoral Commission (INEC). But contrary to public expectation, the Senate panel which screened Onochie for the appointment did not find her guilty of partisanship allegation levelled against her by several petitions sent to the Senate Committee on INEC. Rather, the committee didn’t recommend Onochie for confirmation as a National Commissioner of INEC because of apparent violation of the Federal Character principle as enshrined in the 1999 Constitution as amended. Therefore, irrespective of the weighty allegation of partisanship, the Senate panel looked the other way and decided to believe Onochie’s public denial of the membership of the ruling All Progressives Congress (APC) despite contrary facts. LEADERSHIP reports that Onochie’s nomination alongside other nominees was forwarded to the Senate in October 2020 even though she said she quit the membership of the APC since 2019. But an incontrovertible court document shows otherwise. Onochie deposed to an affidavit in June 2021 wherein she admitted being a member of the APC. By implication, Onochie was still a politician as at the time of her nomination as INEC National Commissioner in 2020. She was confronted with the court document at the confirmation hearing by a member of the Senate Committee. However, Onochie was rejected on the ground that there is already a National Commissioner of INEC from Delta State, Barrister May Agbamuche-Mbu, not because she was partisan. Presenting the report of the Senate Committee on INEC, the chairman of the committee, Senator Kabiru Gaya (APC, Kano South) said the panel rejected Onochie in line with the federal character principle, which is enshrined in section 14 (3) of the 1999 constitution as amended. “Her nomination violated the federal character principle and national unity. Other sections of the country have also presented petitions against her nomination. “In 2016, we confirmed a national commissioner from Delta State, Mrs May Mbu and confirming Lauretta from the same Delta State will violate the federal character,” Gaya said. For his part, Senate President, Ahmed Lawan, said the committee was unable to forward Onochie’s name for confirmation because that her nomination was negatived, adding that she won’t be approved for confirmation. It is interesting to note that President Buhari nominated Onochie to represent her native Delta State but when she appeared before the Senate Committee on INEC for screening last week, she said she was nominated to represent Cross River State, being her husband’s state of origin and not Delta State, where she hails from. So, if Onochie was rejected based on federal character violation, she might be reconsidered for the same position if she is to be renominated this time around from Cross River State if does not violation the federal character principle again.

BREAKING: Senate rejects Onochie as INEC Commissioner By Sanni Onogu

...Steps down nomination of Professor Adam. The Senate on Tuesday rejected the nomination of Ms Lauretta Onochie as a National Commissioner of the Independent National Electoral Commission (INEC). The Senate also stepped down the nomination of Professor Sani Mohammad Adam (North Central) to allow for further legislative action. This followed the consideration of the report of Senate Committee on INEC, presented by the Chairman of the Committee, Senator Kabiru Gaya. Gaya said the Committee rejected the nomination of Onochie because there is already a National Commissioner of INEC, Mrs May Agbamuche, representing Delta State in the Commission.

INEC job: Hope dims for nominees Onochie, Adam By Yusuf Alli, Gbenga Omokhunu and Mike Odiegwu

• Buhari’s aide, ex-varsity administrator may have failed Senate screening President Muhammadu Buhari’s aide Lauretta Onochie’s hope of clearance by the Senate to become a commissioner with the Independent National Electoral Commission (NEC) has dimmed. The Senate panel that screened her may have recommended her disqualification, it was learnt Monday night. In the same boat with her is the North Central nominee, Prof. Sani Mohammed Adam, whose nomination might also have been rejected by the Committee. The fate of these two nominees out of the five sent for clearance by the President, is now to be decided by the Senate plenary. The Senate committee of the whole, which is expected to receive the screening report from the Kabiru Gaya Senate Committee on INEC this week, will take the final decision. The plenary hardly turns down its panel’s screening report. Sources said the Senate panel accepted the argument in one of the petitions against Onochie that her nomination is in violation of Section 14 (3) of the 1999 Constitution on the Principle of Federal Character. A highly-placed source said: “Apart from the allegation of partisanship, a major problem with Onochie’s nomination is that it was not in line with the Principle of Federal Character. “By her appointment, Onochie ought to represent the Southsouth as a national commissioner from Delta State. Already, a national commissioner, May Agbamuche-Mbu, who is a seasoned legal practitioner, is from Delta State. “There is no room for another nominee from Delta. The state cannot occupy the two slots meant for the Southsouth. Section 14(3) of the 1999 Constitution does not allow that. If her appointment is challenged in court, it will be nullified because it is in breach of the constitution. Section 14(3) says: “The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the Federal Character of Nigeria and the need to promote national unity and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few states or from a few ethnic or other sectional groups in that government or in any of its agencies,” “The source added: “In fact, this breach of the constitution is more fundamental than the allegation of partisanship. “Onochie has a big hurdle which may not make her to scale through screening. “And public opinion has weighed heavily against her. Clearing her will portray the Senate as anti-people when democracy is about people’s will.” Investigation also confirmed that, Prof. Adam, has a legal hurdle to cross. It was gathered that when he was a lecturer at the University of Jos, he had an issue which made him to seek legal redress in a Federal High Court. He won the case. But the university management went to the Court of Appeal which reversed Adam’s High Court victory. The two parties are now before the Supreme Court. ”Since it is a fundamental moral issue and the Court of Appeal judgment is yet to be vacated, the Senate Committee cannot clear him. “The preponderance of opinion at the committee level is that Adam should wait till the Supreme Court clears him before seeking a sensitive appointment like INEC national commissioner. “Some committee members believe that in the light of Section 14(2) (b) of Part 1 of the Third Schedule to 1999 Constitution, Adam ought not to be cleared for the appointment. “The section says: “There shall be for each state of the Federation and the Federal Capital Territory, Abuja, a Resident Electoral Commissioner. They shall…be persons of unquestionable integrity.” But one of those pushing for Adam said: ”Apart from being a Senior Advocate of Nigeria, he was Deputy Vice Chancellor (Administration) of the University of Abuja. ”He has a rich pedigree to occupy the office of INEC national commissioner. Those after him are only desperate to ruin his career.” President Buhari nominated Onochie and five others for INEC job as national commissioners and Resident Electoral Commissioners. Others are Prof. Muhammed Sani Kallah (representing Katsina State), Prof. Kunle Cornelius Ajayi (Ekiti), Seidu Babura Ahmad (Jigawa State), Prof. Adam (North Central) and Dr. Baba Bila (North East). Onochie’s nomination attracted criticisms having been accused of being a card-carrying member of the ruling All Progressives Congress (APC). She denied this, saying she ceased being an APC member since 2019. Apart from the opposition to her nomination by political parties and civil society organisations, a former Chairman of INEC, Prof. Attahiru Jega has warned that the clearance might affect the credibility of the electoral commission. Onochie would have rejected INEC’s job, says Action Alliance The Action Alliance (AA) said it will be unfair is Mrs Onochie is cleared for the job. Its National Chairman Adekunle Omo-Aje said: “Even if she is trying to be fair, nobody will believe her. If I were to be her, I would not take that kind of position. Because even if she performs and puts in her best, people will still not praise her for that because already people have a mindset about her and that she will be biased. Wike kicks against attempts to make Onochie INEC commissioner Rivers State Governor Nyesom Wike also kicked. He said the most fundamental consideration in the appointment of a candidate as an electoral umpire, in a democracy, was the elimination of bias. Observing there was a heavy weight of bias against Onoche because she remained a “notorious and repulsively partisan dye-in-the-wool member of the All progressives Congress (APC)”. He said: “Despite the floodgate of protests against her nomination and the general lack of trust in our capacity to remain impartial, it seems the APC-led Senate is determined to confirm her appointment. “As a governor and concerned Nigerian who loves this country so much and wants our democracy to survive, I wish to appeal to Mr. President to, for the sake of his legacy, withdraw Ms. Onoche’s nomination to avoid creating more credibility problems for his INEC and restore confidence in our electoral system.”

Monday, 12 July 2021

MultiChoice has never paid VAT since its inception ― FIRS By Emma Ujah

The Federal Inland Revenue Service (FIRS) has raised alarm over the level of non-compliance by Multi-Choice Africa (MCA), the parent Company of Multi-Choice Nigeria (MCN). According to FIRS, the company which provides services to MCN has never paid Value Added Tax (VAT) since its inception. This was revealed in a statement by the Executive Chairman, Muhammad Nami. Nami also revealed the FIRS has appointed Nigerian Deposit Money Banks as agents to freeze and recover the sum of N1.8 trillion from accounts of Messrs MultiChoice Nigeria Limited (MCN) And MultiChoice Africa (MCA). The FIRS boss explained that the decision to appoint the banks as agents and to freeze the accounts was as a result of the group’s under-remittance of taxes and continued refusal to grant FIRS access to its servers for audit. “The level of non-compliance by Multi-Choice Africa (MCA), the parent Company of Multi-Choice Nigeria (MCN) is very alarming. The parent company, which provides services to MCN has never paid Value Added Tax (VAT) since its inception. “It was discovered that the companies persistently breached all agreements and undertakings with the Service, they would not promptly respond to correspondences, they lack data integrity and are not transparent as they continually deny FIRS access to their records. “Particularly, MCN has avoided giving the FIRS accurate information on the number of its subscribers and income. The companies are involved in the under-remittance of taxes which necessitated a critical review of the tax-compliance level of the company.” The chairman said that the group’s performance does not reflect in its tax obligations and compliance level in Nigeria. “The issue with Tax collection in Nigeria, especially from foreign-based Companies conducting businesses in Nigeria and making massive profits is frustrating and infuriating to the (FIRS). “Regrettably, Companies come into Nigeria just to infringe on our tax laws by indulging in tax evasion. There is no doubt that broadcasting, telecommunications and the cable-satellite industries have changed the face of communication in Nigeria. However, when it comes to tax compliance, some companies are found wanting. “They do with impunity in Nigeria what they dare not try in their countries of origin,” Mr Nami said. According to the FIRS boss, Nigeria contributes 34% of total revenue for the Multi-Choice group. The next to Nigeria from intelligence gathering is Kenya with 11%, and Zambia is in 3rd place with 10%. The rest of Africa where they have a presence accounts for 45% of the group’s total revenue. “Information currently at the disposal of FIRS has revealed a tax liability for relevant years of assessment for ₦1,822,923,909,313.94 (One trillion, eight hundred and twenty-two billion, nine hundred and twenty-three million, nine hundred and nine thousand, three hundred and thirteen naira, ninety-four kobo only) and $342,531,206 (Three hundred and forty-two million, five hundred and thirty-one thousand, two hundred and six dollars only). “Under FIRS powers in Section 49 of the Companies Income Tax Act Cap C21 LFN 2004 as amended, Section 41 of the Value Added Tax Act Cap V1 LFN 2004 as amended and Section 31 of the FIRS (Establishment) Act No. 13 of 2007, all bankers to MCA & MCN in Nigeria are therefore appointed as Collecting Agents for the full recovery of the aforesaid tax debt. “In this regard, the affected banks are required to sweep balances in each of the above-mentioned entities’ accounts and pay the same in full or part settlement of the companies’ respective tax debts until FULL recovery. “This should be done before the execution of any transaction involving the companies or any of their subsidiaries. It is further requested that the Federal Inland Revenue Service be informed of any transactions before EXECUTION on the account, especially transfers of funds to any of their subsidiaries.” The chairman insisted that Nigeria must put a stop to all tax frauds that have been going on for too long. “All companies must be held accountable and made to pay their fair share of relevant taxes including back duty taxes owed especially VAT”. Vanguard

Euro 2020: Woman sacked for watching England vs Denmark match By Ademola Aderele

A woman, Nina Farooqi, has been sacked after she was shown on television cheering England on in their 2-1 win over Denmark at the semifinal of the European Championships at Wembley Stadium. Farooqi, according to Daily Mail, had told her boss she was sick and needed a day off work. She called in sick after her friend won last-minute tickets to the match in a work raffle. She was however spotted celebrating England’s first goal. Her colleagues texted her at half-time to inform her that she was shown on television. The 37-year-old digital content producer was sacked at 6am the following day. Her boss called, asking her not to bother returning to work. Farooqi said she was unlikely to be allowed a day off to watch the match due to being short-staffed, prompting her to call in sick. “They said they’d seen I’d been at the game, and I was honest about why I did it. But I didn’t get any sympathy at all and they said that’s it. That’s their call and the consequence of what I did. “There is a bit of regret, no one wants to get fired, but then also I would have hated the regret of missing out. I’d do it all over again,” she told the Daily Telegraph.

Finland-based Nigerian-Finnish Citizen, Simon Ekpa Takes Over From Nnamdi Kanu At Radio Biafra BY SAHARAREPORTERS

The appointment was revealed by Mr Ekpa on his official Facebook page, noting it is honour to serve the Biafra nation and a call to serve lovers of freedom. Simon Ekpa, one of the arrowheads of the agitation for the state of Biafra in Finland has been appointed to take over daily broadcast on Radio Biafra following the detention of the leader of the Indigenous People Of Biafra (IPOB), Nnamdi Kanu. The appointment was revealed by Mr Ekpa on his official Facebook page, noting it is honour to serve the Biafra nation and a call to serve lovers of freedom. "Our Leader, Mazi Nnamdi on this day, 8th of July 2021 directed that I, Simon Ekpa should start broadcasting from Radio Biafra with immediate effect. "On this note, it is honour, and at the same time, a call to service, a call to serve Biafra nation, and a call to serve lovers of freedom. "This task, I will do with everything in me to see that we maintain the momentum and the legacy of our leader, Mazi Nnamdi Kanu, and IPOB. "I will serve with everything in me and I will double my effort in media, diplomacy, and otherwise to the best interest of Biafra people. "I am just a servant and I will serve. Our leader will continue to lead this struggle from wherever he is. "I am Simon Ekpa, Mazi Nnamdi Kanu's disciple on Biafra restoration." Simon Ekpa LL.M (Master of Laws) is a human rights activist and a legal researcher and advisor. He is a native of Ngbo in the Ohaukwu Local Government Area of Ebonyi State in Southeastern Nigeria. He is said to be a chief and one of those in line to the throne as the son of the late King Nwangbo (The Ogaba Idu of Ngbo clan). Simon has been living in Finland for more than a decade. He is a Finnish citizen and a politician. He was recently elected deputy councillor in his municipality. Radio Biafra stands at the centre of the Biafra agitation struggle since its inception.

Sunday, 11 July 2021

Reps to make president, govs lose seats after defection by Leke Baiyewu

The House of Representatives is considering making a president or governor lose their seat if they defect from the political party on whose platform they were elected to another. Presently, the constitution only prescribes such for National Assembly and state House of Assembly members. A member of the Peoples Democratic Party from Taraba State, Rimamnde Kwewum, has now sponsored a bill to extend the condition to the president, vice-president, governor and deputy governor. Since the last general elections in 2019, governors who have changed parties include David Umahi of Ebonyi State, Ben Ayade of Cross River State, and recently Bello Matawalle of Zamfara State. The bill, which is awaiting second reading by the House, seeks to amend sections 144(1) and 189(1) of the 1999 Constitution “to check incidents of defections, that is, cross-carpetings or abandoning the political party that sponsored a president, vice-president, governor or deputy governor, as the case may be, for another political party, in the absence of a merger of political parties, division or factions within the sponsoring political party.” Kwewum, in the legislative brief on the bill, said, “Presently, only legislators in the national and state Houses of Assembly lose their seats if they defect to other political parties. The intention remains the need to improve and deepen democracy by strengthening the political parties. “There is no doubting the fact that all through history, political parties have remained the strongest pillars of democracy. They provide choices for people by professing and working through some governing philosophies, and help to educate people on different patterns of developments being proposed by the different political parties. “Often regarded by political parties which sponsored them as leaders, presidents and governors cannot abandon their political parties and retain the seat that they earned by the sponsoring political parties. “There is, therefore, a need to ensure that political parties retain their hold on the states or governments that they have won. Fact is that under the present constitution, you cannot run for that office without the party.” According to the lawmaker, people vote for parties and that is why party symbols are used on ballot parties. “Winners of elections, by this logic, are simply agents of the political parties,” Kwewum argued. He said it was important, therefore, that once an elected person, the president, vice-president, governor or deputy president abandons the position to which they were elected, “it means they no longer have confidence in the political party and do not share the same ideologies or principles.” “Principled people ought not to be told to vacate such offices,” Kwewum added. PUNCH.