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Police Act 2020, Constable Recruitment Illegal, Appeal Court Declares

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The Court of Appeal has declared the Police Act 2020 unconstitutional and void.

The Police Act 2020, which was enacted in September this year, affects the constitutional mandate of the Police Service Commission

The Appeal Court ruled that the provisions of the Act was in conflict with Paragraph 30 Part 1 of the Third Schedule of the 1999 Constitution “which empowers the commission to appoint persons into offices in the Nigeria Police Force except the Office of the Inspector-General of Police.”

The judgment also nullified the recruitment of 10,000 constables carried out by the police authorities last year.

However, the IG, Mohammed Adamu, has appealed the ruling which nullified the earlier order of the Federal High Court, Abuja.

The PSC spokesman, Ikechukwu Ani, in a statement on Wednesday, explained that the details of the Appeal Court judgment was contained in the Certified True Copy received on Tuesday.

The statement was titled, ‘Appeal Court declares Police Act 2020 as it affects PSC mandate null and void.’

The statement explained that the judge further declared that “no Act of the National Assembly or law can take away or curtail such power.”

He further noted that, even if the Nigeria Police carried out the disputed enlistment pursuant to a directive or approval of the President, Major General Muhammadu Buhari (retd.), “the enlistment would remain contrary to the constitution and therefore, unconstitutional and void. Such a directive cannot repair its unconstitutionality and illegality.”

Meanwhile, the Peoples Democratic Party Governors’ Forum has called for a repeal of sections of the Police Act recently given assent by the President, Major General Muhammadu Buhari (retd.), citing constitutional breaches.

This was contained in a communiqué issued after a virtual meeting held by the PDP governors.

The communiqué, which was made available to reporters in Abuja on Wednesday, was signed by the Chairman of the forum, Aminu Tambuwal, who is also the Governor of Sokoto State.

The governors, among other things, implored the President and the National Assembly to repeal Section 4(1) of the Nigeria Police Trust Fund (Establishment) Act, 2019 which “purportedly authorises the President to deduct 0.5% of the total revenue accruing to the Federation Account for the benefit of the Nigeria Police Trust Fund.”

According to the governors, the said deduction is patently unconstitutional.

The communiqué read in part, “The meeting noted the signing of the New Nigeria Police Act, 2020 by Mr President, Commander in Chief.

“While acknowledging the many important innovations in the new law, the forum emphasised the need to make the Nigeria Police Council, which has Mr. President as Chairman and 36 state governors as members, fully operational and the clearing house on all issues bordering on the organisation and administration of the Nigeria Police Force as enshrined in the 1999 Constitution.”

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KFC Reacts As FAAN Shuts Down Lagos Airport Outlet Operations

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The Management of Kentucky Fried Chicken (KFC) has reacted to the Federal Airport Authority of Nigeria (FAAN)’s move to shut down its branch at the Muritala Muhammed Airport, for violating laws protecting the rights of people with special needs.

The action was confirmed through a statement released on Thursday by FAAN’s Director of Public Affairs and Consumer Protection, Obiageli Orah.

The official statement, titled ‘FAAN shuts down KFC outlet at MMIA,’ highlighted that the closure was in response to the outlet’s breach of the Lagos State law on People with Special Needs, specifically referencing Part C, Section 55 of the General Provisions on Discrimination.

Responding to the development, KFC posted on its official X account that it opposes bias and discrimination, stressing that the incident did not reflect its standards.

The organisation disclosed that it had embarked on efforts to address the situation and urgently implemented sensitivity training for all its employees.

The statement read, “KFC is unwavering in our stance against bias or discrimination in any form, with inclusivity and respect as non-negotiable pillars of our values.

“However, this recent incident has underscored the pressing need for immediate action. We have embarked on efforts to address the situation and extend apologies and deeply regret the frustration and distress experienced by our guest.

“In response, we are urgently implementing sensitivity training for all our employees. This incident is not reflective of our standards, and we will act swiftly to rectify it.

“We are actively exploring solutions to equip our team members and establishments better to ensure that every guest feels genuinely welcomed and that we deliver empathetic customer service that proactively addresses the diverse needs of each guest.”

KFC had during the week, denied Adebola Daniel, son of former Ogun State Governor, Gbenga Daniel, access to their facility at the Muritala Muhammed International Airport  because of his disability.

Daniel had recounted his experience at the KFC outlet of the airport in a series of tweets posted on Wednesday via his X handle, @DebolaDaniel.

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We’ve Not Reduced Petrol Pump Price – NNPC

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The Nigerian National Petroleum Corporation (NNPC) Limited has declared that there is no plan to reduce the pump price of Premium Motor Spirit (PMS) aka petrol and Automotive Gas Oil (AGO) aka diesel.

The national oil company disclosed this through a statement on Wednesday by its Chief Corporate Communications Officer, Mr. Olufemi Soneye.

He said: “The NNPC Limited wishes to clarify rumours suggesting a price adjustment for Premium Motor Spirit (PMS) and Automotive Gas Oil (Diesel) at its retail stations nationwide.

“The company asserts that these reports are false and urges Nigerians to disregard them entirely.

“NNPC Ltd. reaffirms its commitment to sustaining the current sufficiency in petroleum products supply across all its retail stations in the country,” the statement added.

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Binance Executive Detained in Nigeria Escapes from Custody

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One of the two Binance executives detained in Nigeria for alleged tax evasion and other offences, Nadeem Anjarwalla, has escaped from lawful custody, according to PREMIUM TIMES report.

Our sources said Mr Anjarwalla, 38, escaped on Friday, 22 March, from the Abuja guest house where he and his colleague were detained after guards on duty led him to a nearby mosque for prayers in the spirit of the ongoing Ramadan fast.

The Briton, who also has Kenyan citizenship, is believed to have flown out of Abuja using a Middle East airliner.

It remains unclear how Mr Anjarwalla got on an international flight despite his British passport, with which he entered Nigeria, remaining in the custody of the Nigerian authorities.

Authorities are also said to be working to unravel his intended destination in a bid to get him back into custody.

An Immigration official said the Binance executive fled Nigeria on a Kenyan passport. He, however, said authorities were trying to determine how he obtained the passport, given that he had no other travel document (apart from the British passport) on him when he was taken into custody.

Another source said the two officials were held at a “comfortable guest house” and allowed many rights, including the use of telephones, a privilege Mr Anjarwalla is believed to have exploited to plot an escape.

When contacted Sunday night on the escape of the Binance executive from detention, the Head of Strategic Communication at the Office of the National Security Adviser, Zakari Mijinyawa, said he would enquire and revert. He has yet to do so as of the time of filing this report.

Mr Anjarwalla, Binance’s Africa regional manager, and Tigran Gambaryan, a US citizen overseeing financial crime compliance at the crypto exchange platform, were detained upon their arrival in Nigeria on 26 February 2024.

A criminal charge was filed against the two executives before a Magistrate Court in Abuja. On 28 February 2024, the court granted the Economic and Financial Crimes Commission (EFCC) an order to remand the duo for 14 days. The court also ordered Binance to provide the Nigerian government with the data/information of Nigerians trading on its platform.

Following Binance’s refusal to comply with the order, the court extended the remand of the officials for an additional 14 days to prevent them from tampering with evidence. The court then adjourned the case till 4 April 2024.

Also on 22 March, the Nigerian government approached the Federal High Court in Abuja and slammed another four-count charge on Binance Holdings Limited, Mr Anjarwalla and Mr Gambaryan, accusing them of offering services to subscribers on their platform while failing to register with the Federal Inland Revenue Service to pay all relevant taxes administered by the Service and in so doing, committed an offence, contrary to and punishable under Section 8 of the Value Added Tax Act of 1993 (as Amended).

The defendants were also accused of offering taxable services to subscribers on their trading platform while failing to issue invoices to those subscribers to determine and pay their value-added taxes and, in so doing, committed an offence contrary to and punishable under S.29 of the Value Added Tax Act of 1993 (as amended).

Count Three of the charges accused the three defendants of offering services to subscribers on their Binance trading platform for the buying and selling of cryptocurrencies and the remittance and transfer of those assets while failing to deduct the necessary Value Added Taxes arising from their operations and thereby committing an offence contrary to and punishable under Section 40 of the Federal Inland Revenue Service Establishment Act 2007 (as amended).

The last count of the charges wants the defendants punished for allegedly aiding and abetting subscribers on their Binance trading platform to unlawfully refuse to pay taxes or neglect to pay those taxes and, in so doing, committing an offence contrary to and punishable under the provisions of S.94 of the Companies Income Tax Act (as amended).

The Nigerian government had, in the past three months, been cracking down on suspected money launderers and terrorism financiers, some of whom it alleged are using the Binance platform for criminal activities

The Nigerian government said over $21.6 billion was traded by Nigerians whose identities were concealed by Binance.

Source: Premium Times

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