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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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Call for Sack of Service Chiefs is ‘Out of Place’ – Presidency

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Garba Shehu, Senior Special Assistant on Media and Publicity to President Muhammadu Buhari says the clamour for the sacking of service chiefs is ‘out of place’.

According to Shehu, the president has the prerogative to appoint or sack any of the country’s service chiefs, adding that the president keeps the service chiefs as long as he is satisfied with their performance.

The horrific killing of at least 43 rice farmers at Zabarmari in the Jere Local Government Area of Borno State last Saturday sparked fresh call for the sacking of the country’s service chiefs.

Reacting to the call by several Nigerians who also want the president to rejig the country’s security architecture, Shehu said the decision to sack or retain any of the service chiefs is entirely the president’s.

He spoke on Monday night in an interview with Arise TV monitored by The PUNCH.

The presidential spokesman said, “I am not aware that the tenure of service chiefs is subjected to any law of regulation that is clearly stated. They serve at the pleasure of the president and (if) the president is satisfied with their performance, he keeps them. The buck stops at his table —with due respect to the feelings of Nigerians.

“The clamour for the sack is out of place considering that the president is not subject to the opinion of opposition political party which has clamoured for this all the time. It is entirely his own determination; he decides who he keeps as his service chiefs and for how long.”

Boko Haram were reported to have first tied up the farmers, who were working in rice fields, before slitting their throats.

Shehu had said the farmers had no military clearance to be on the rice farms when the attack happened.

His reaction was greeted by outrage on social media as many Nigerians lambasted him for blaming the dead.

Explaining further last night, Shehu said, “My suggestion in the earlier news report is that the military had not certified those areas as being free of landmines and terrorists’ intrusions. Whether there are processes for getting licences or commissions, it is not for me, the military is in a better position to describe those processes.”

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F1 World Champion Lewis Hamilton Contracts COVID-19

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World champion Lewis Hamilton has tested positive for coronavirus and will miss this weekend’s Sakhir Grand Prix in Bahrain, Formula One’s governing body FIA announced Tuesday.

“In accordance with COVID-19 protocols and public health authority guidelines in Bahrain he (Hamilton) is now isolating,” said an FIA statement.

“The procedures set out by the FIA and Formula 1 will ensure no wider impact on this weekend’s event.”

Hamilton who on Sunday won the Bahrain Grand Prix, the first of back-to-back races in the Gulf state, has already secured a record-equalling seventh world championship this season.

“He woke up on Monday morning with mild symptoms and was informed at the same time that a contact prior to arrival in Bahrain had subsequently tested positive,” a statement from Hamilton’s Mercedes team said.

“Lewis therefore took a further test and returned a positive result. This has since been confirmed by a retest.

“Lewis is now isolating in accordance with COVID-19 protocols and public health authority guidelines in Bahrain.

“Apart from mild symptoms, he is otherwise fit and well, and the entire team sends him its very best wishes for a swift recovery.”

The team added that Hamilton had been tested three times last week and returned a negative result each time as part of the sport’s strict anti-virus protocols, the last of which was on Sunday afternoon at the Bahrain circuit.

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Beware of Festivities, Christmas Carol, FG Warns

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The Presidential Task Force on COVID-19 has urged Nigerians to be weary of festivities such as Christmas carols as the year winds down.

It also warned against non-essential travels just as it asked Nigerians abroad to remain wherever they are or stand the risk of being stranded in the country in the event that the government takes a decision on international travels.

The call formed the theme of the speeches of the Chairman of the PTF, Boss Mustapha; the national coordinator, Sani Aliyu; the Minister of Health, Osagie Ehanire; and the Director-General of the Nigeria Centre for Disease Control, Chikwe Ihekweazu, at the weekly briefing of the task force in Abuja on Monday.

Mustapaha, who is also the Secretary to the Government of the Federation, said the PTF was escalating its surveillance and testing drive to ensure that the spread of the virus was effectively contained as the nation approaches the festive season.

“We shall continue to remind Nigerians that all non-essential trips should be put off this December. This is for your safety and good health,” he said.

Speaking on vaccines, the PTF chairman said while it was a significant achievement, it was however, important for the citizens to continue to comply with the non-pharmaceutical interventions before the vaccines would become available.

“The PTF is already working on the strategy for gaining access to the vaccine as soon as they are available,” he added.

The SGF also said over the past weeks, discussions have been held about the safety issues pertaining to the National Sports Festival scheduled to hold in Benin, Edo State.

He said new dates have been agreed upon early in 2021, before which, measures would be put in place to minimize infections.

‘Don’t come home for Christmas’

Aliyu advised Nigerians in the Diaspora not to consider coming home, urging them to celebrate Christmas and New Year wherever they are.

He said, “Nigerians outside the country, hopefully they will stay where they are. And for Nigerians in-country, we will also stay where we are.

The national coordinator disclosed that for every 1,000 passengers coming into the country, the nation records 10 positive cases of COVID-19.

He added, “Please, for this period, if your travel is not essential, stay where you are. We are actively discouraging Nigerians abroad from coming home this Christmas because of COVID-19 and the number of infections we have outside the country.

“So, the message is; if you do not want to get stranded, if you do not want to bring COVID-19 to your elderly relatives in Nigeria, please stay where you are. There will be other holidays.”

Christmas carols, travels ‘supper spreaders’ of virus

At the press briefing, Ihekweazu said Christmas carols, travels and other gatherings during festivities were capable of turning out to be “super spreaders” of the virus, hence the need for Nigerians to avoid them as much as possible.

He said, “This is really to re-emphasise the call by the PTF that many of the traditional meetings that we engage in at this time of the year, whether they are Christmas carols or festivals, trips, family gatherings, each of those could end up being a super spreader event. So, we must take this into consideration as we make our choices.”

Ihekweazu said a travel advisory has been issued detailing why both local and international travels must be avoided unless they are absolutely necessary.

Meanwhile, the SGF said the national response to COVID-19 pandemic and security must be prioritised as security could not be relaxed even while tackling the virus in the country.

Mustapha also noted that the global number of COVID-19 infections crossed 63 million on Sunday, 29th November, 2020.

According to him, in Africa, Nigeria ranked 5th for both the highest cumulative cases and deaths.

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