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UK Private Visit: Lawyer Sues Buhari
Lagos-based human rights lawyer, Inibehe Effiong, has sued President Muhammadu Buhari for not handing over power to Vice-President Yemi Osinbajo when he travelled to London on a private visit two weeks ago.
The case, with suit number FHC/L/CS/763/2019, was filed before a Federal High Court in Lagos.
Also named as defendant in the suit is Nigeria’s Attorney-General of the Federation, Abubakar Malami.
Mr Effiong asked the court to determine whether in view of the extant provisions of Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the president can validly proceed on vacation for any length of time without transmitting a written declaration to the National Assembly to that effect, which will empower the Vice-President to perform the functions of the President in an acting capacity.
He also asked the court to determine whether Mr Buhari’s action in proceeding on vacation to the UK from April 25 to May 5 without transmitting the written declaration envisaged in Section 145 (1) of the constitution to National Assembly is not in conflict with the provisions of Section 145 (1) of the constitution.
Similarly, the court will determine whether the President in refusing to adhere to the clear and unambiguous provisions of Section 145 (1) of the constitution had not by that singular action violated his oath of office and the provisions of the constitution which he swore to uphold.
The lawyer asked the court to clarify whether the Constitution or any other law for that matter, permits the President to exercise Presidential authority over the affairs of Nigeria from any country outside the territorial jurisdiction of Nigeria, save when he is out of the country on official diplomatic engagements.
“A declaration that the failure of the 1st defendant (Buhari) to comply with Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) by not transmitting a written declaration to the President of the Senate of the Federal Republic of Nigeria, and the Speaker of the House of Representatives of the Federal Republic of Nigeria to that effect before proceeding on vacation to the United Kingdom from the 25th day of April, 2019 to the 5th day of May, 2019 is a gross violation of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” the suit read in part.
The lawyer asked the court to rule that that since the Constitution does not have extra-territorial application, the president cannot exercise presidential authority over the affairs of the Federal Republic of Nigeria from the United Kingdom, or any other country outside the territorial jurisdiction of the Federal Republic of Nigeria, save when he is outside the country on official diplomatic engagements.
Mr Effiong also asked the court to restrain Mr Buhari from proceeding on vacations whether within or outside the Nigeria without transmitting a written declaration to the President of the Senate of the Federal Republic of Nigeria, and the Speaker of the House of Representatives of the Federal Republic of Nigeria in compliance with section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
PREMIUM TIMES understands that no date has been fixed for the hearing of the suit.
Mr Buhari Sunday returned to Abuja, after a 10-day ‘private visit’ to the United Kingdom.
A statement by his spokesperson, Femi Adesina, said some “reckless online media, irresponsible political opposition, and other bilious groups and individuals, had gone on overdrive since the President left the country on April 25, insinuating that he was going for hospitalization, and would not return after 10 days as stated.”
Mr Adesina also said in their “vain imaginations, they even stated that fictive doctors have advised President Buhari to stay longer for more intensive care”.
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The Senate has granted approval to the ₦1.77 trillion ($2.2b) loan request of President Bola Tinubu after a voice vote in favor of the request.
The Senate presided by Deputy Senate President, Barau Jibrin, approved the loan after the Senate Committee on Local and Foreign Debts chaired by Senator Wammako Magatarkada (APC, Sokoto North) presented the report of the committee.
The request which was submitted by the President on Tuesday is part of a fresh external borrowing plan to partially finance the N9.7 trillion budget deficit for the 2024 fiscal year.
Tinubu had on Tuesday written to the National Assembly, seeking approval of a fresh N1.767 trillion, the equivalent of $2.209 billion as a new external borrowing plan in the 2024 Appropriation Act.
The fresh loan is expected to stretch the amount spent on debt servicing by the Federal Government. The Central Bank of Nigeria recently said that it cost the Federal Government $3.58 billion to service foreign debt in the first nine months of 2024.
The CBN report on international payment statistics showed that the amount represents a 39.77 per cent increase from the $2.56bn spent during the same period in 2023.
According to the report, while the highest monthly debt servicing payment in 2024 occurred in May, amounting to $854.37m, the highest monthly expenditure in 2023 was $641.70m, recorded in July.
The trend in foreign debt servicing by the CBN highlights the rising cost of debt obligations by Nigeria.
Further breakdown of international debt figures showed that in January 2024, debt servicing costs surged by 398.89 per cent, rising to $560.52m from $112.35m in January 2023. February, however, saw a slight decline of 1.84 per cent, with payments reducing from $288.54m in 2023 to $283.22m in 2024.
March recorded a 31.04 per cent drop in payments, falling to $276.17m from $400.47m in the same period last year. April saw a significant rise of 131.77 per cent, with $215.20m paid in 2024 compared to $92.85m in 2023.
The highest debt servicing payment occurred in May 2024, when $854.37m was spent, reflecting a 286.52 per cent increase compared to $221.05m in May 2023. June, on the other hand, saw a 6.51 per cent decline, with $50.82m paid in 2024, down from $54.36m in 2023.
July 2024 recorded a 15.48 per cent reduction, with payments dropping to $542.50m from $641.70m in July 2023. In August, there was another decline of 9.69 per cent, as $279.95m was paid compared to $309.96m in 2023. However, September 2024 saw a 17.49 per cent increase, with payments rising to $515.81m from $439.06m in the same month last year.
Given rising exchange rates, the data raises concerns about the growing pressure of Nigeria’s foreign debt obligations.
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Self acclaimed leader of the Indigenous People of Biafra (IPOB), Simon Ekpa, has been arrested by law enforcement in Finland.
The BBC reports that Ekpa was subsequently sent to prison by the district court of Päijät-Häme for “spreading terrorist propaganda on social media”.
Ekpa was said to have committed the crime in 2021 in Lahti municipality.
The Finnish National Bureau of Investigation (NBI) also arrested four other men over alleged terrorist offences.
A citizen of Finland and Nigeria, Ekpa has described himself as leader of the separatist IPOB group since Nnamdi Kanu’s incarceration.
Finnish police say Ekpa’s activities and social media rhetoric may have fanned the flames of violence in the south-east of Nigeria.
“He carries out these activities from his social media channels, for example,” said Otto Hiltunen, detective chief inspector of the NBI.
In February 2023, Ekpa was arrested by police at his residence in Lahti but was released after hours of questioning.
Using his social media channels, Ekpa had directed Igbos not to participate in Nigeria’s 2023 general election.
In September 2021, the Biafra agitator and secessionist denounced Nigeria and vowed to return the medal he won for the country at the 2003 African Junior Athletics Championships.
The Court of Appeal has sacked Musiliu Akinsanya aka MC Oluomo as the National President of the National Union of Road Transport Workers (NURTW).
In a ruling that upheld the earlier judgment of the National Industrial Court, the appellate court sacked MC Oluomo and reaffirmed Tajudeen Baruwa as the legitimate leader of the union.
Baruwa had assumed office after a properly conducted election held at the union’s headquarters in Abuja.
The three-member panel of the Appeal Court dismissed the appeal filed by MC Oluomo’s faction, declaring it devoid of merit.
In addition, the court imposed a fine of N100,000 on the appellants, further solidifying Baruwa’s leadership position.
Reports quoting court documents said to have been released on Friday detailed the ruling, which effectively countered any attempts to displace Baruwa from his role as the NURTW president.
The judgment read: “This is an appeal against the judgment/decision of the National Industrial Court Sitting in Abuja, in Suit No. NICN/ABJ/263/2023, delivered on the 11th March, 2024, by Justice O. O. Oyewumi.
“Upon reading the Record of Appeal compiled and transmitted before this court, together with the respective briefs of argument, and after hearing the counsels for the appellants and respondents, it is hereby ordered that:
“This Appeal is devoid of merit, and the same is hereby dismissed.”
The ruling reinforces the legitimacy of Baruwa’s presidency, concluding the legal dispute over the union’s leadership.
Meanwhile, MC Oluomo’s son Idowu Akinsanya (King West) had bragged about his feat of emerging the NURTW president, saying: “We are now in charge of Nigeria, not only Lagos,” a comment that attracted public opprobrium.
MC Oluomo, a diehard supporter of President Bola Tinubu and a prominent figure in Lagos politics, was the sole candidate in the election, which took place at the union’s zonal secretariat in Osogbo. His perceived victory was deemed to carry significant implications for the future of the NURTW and the political landscape of Nigeria.
