News From Nigeria
The Movement for National Reform (MNR) on Friday rationalized its hostility towards the actions of the initiator of a draft bill seeking the restructuring and new model of government in Nigeria, Dr. Akin Fapohunda.
‘’The attention of MNR has been drawn to a strident advocacy that seeks to convert an annexure of decree 24 of 1999 to the Constitution of the Federal Republic of Nigeria (CFRN). The champion of the said advocacy is Dr. Akin Fapohunda who has zealously offered himself as a consultant to Mr. President by substantiating a draft earlier rumoured in the public and denied by the government. This is curious and worrisome as such a matter of national interest affects the collective destiny of all of us as citizens of Nigeria’’.
The movement also contended that it would not be out of place to lift the suspension of the 1963 CFRN to amend it with contemporary realities for seamless reversion to true democracy and republicanism.
‘’Let it be known that We the People in MNR share the same sentiments about the need to restructure the FRN to one that works for all, but we differ significantly in strategy with the position of Dr. Akin Fapohunda. We wish to caution that the art of statecraft requires very careful attention to details in order to eschew social dislocation of the life and livelihoods of citizens by succumbing to fleeting clannish sentiments. We hold the views that all Nigerians will benefit from lifting the suspension of the 1963 CFRN to amend it with contemporary realities for seamless reversion to true democracy and republicanism. We firmly stand on this premise’’.
The Movement in a statement in Abuja accused Fapohunda of seeking to convert an annexure of decree 24 of 1999 to the Constitution of the Federal Republic of Nigeria (CFRN).
‘’The catch phrase, “We the People” is the DNA from which any democratic constitution must draw its life. As a result, it is important to interrogate the position of Dr. Akin Fapohunda in seeking for a conversion of an annexure of Decree 24 of 1999 to the CFRN via a private member Bill at the National Assembly (NASS)’’.
Titled: An addendum to the Memorandum of the Movement for National Reform (MNR) to the House of Representatives Constitution Review Committee of April 6, 2024, the Movement said it was unfortunate that Fapohunda who has zealously offered himself as a consultant to Mr. President descended so low to making unguarded statements.
‘’MNR hereby wish to consider the altruism of Dr. Fapohunda’s motivation against other schools of thought on the ongoing public discourse on the CFRN. It is very revealing and indeed interesting that NINAS with over 25 years of research and advocacy issuing for a brand new CFRN and not such a quick fix of Dr. Fapohunda. MNR view on the subject matter is rooting for a repeal of four junta decrees to pave way for LIFTING OF SUSPENSION of the 1963 republican CFRN for amendment with contemporary realities to rejuvenate the existing presidential style federation akin to that of USA plus necessary modifications that suit our cultural environment. The silence of Patriots about their preference for the 2014 Confab report cum draft constitution should not be disregarded’’.
The statement signed by MNR Constitution Review Committee Chair, Prof. O. Igho Natufe and Secretary, Dr. Yemi Adegoke reiterated that the MNR is clearly focused on the democratic exigencies for NASS to restore the suspended 1963 republican CFRN for amendment rather than the so-called 1999 CFRN.
‘’Our stand gives due recognition to NASS as elected legislative representatives of We the People’. The solo effort of Dr. Akin Fapohunda in his second coming on subject matter is curious. In his first coming of 2021, Dr. Akin Fapohunda was Secretary of an erstwhile Eminent Elders Forum that made a presentation to NASS on 9.2.2021, which did not prosper. That exercise focused on the 1963 CFRN’’
The group said events so far pointed to the fact that it is obvious that the tackles act of Fapohunda is a plot to redefine the federating units from the existing structure of littoral states to shadow notional geopolitical regions.
‘’At his second coming in 2024, same Dr. Akin Fapohunda position has shifted from his support for the 1963 CFRN to now push a narrative that seeks to convert an annexure of decree 24 of 1999 as the CFRN and to redefine the federating units from the existing structure of littoral states to shadow notional geopolitical regions. How a draft by an individual will be different from decrees by few under the military that has rendered the democratic tenets of the nation impotent should be of deep concern to every true democrat’’.
Noting that the activities of Fapohunda if not checked could affect the hopeful democracy in the country, the group said it is advisable to restore the 1963 CFRN from suspension for amendment with contemporary realities such as the existing littoral states in order to recalibrate the Federal Republic of Nigeria (FRN) in consonant with global best practices that will be modified to align with the cultural traits of the FRN, recognizing the rights of the indigenous ethnic nationalities as the core federating units of the country’’.
‘’The efforts of Dr. Akin Fapohunda in his second outing woefully fail the democratic litmus test of We the People in all ramifications. The 1963 CFRN is the only democratic template upon which the Republican strands of Nigeria are hinged
The Movement urged Fapohunda to stop throwing caution to the wind.
‘’The fear of electoral supremacy of yore from any part of Nigeria will be diminished by the recalibration of the governing system along the path of true federalism that reflects the republican import of ethnic nationalities. In the likelihood of the FRN going the way of USSR/Czechoslovakia, the littoral states in each notional geopolitical zones will easily ‘amalgamate’ into respective standalone Republics they deem fit. Upon the restoration and subsequent amendment of the 1963 CFRN, the emergent entities from the ashes of the FRN will be on sound tenets of democratic foundation; the path of Dr. Akin Fapohunda will birth such entities from the chaotic oligarchy of junta decrees like the burdensome decrees 1 of 1966, 34 of 1966, 104 of 1979 & 24 of 1999’’.
‘’A cursory perusal of the Bill proposed by Dr Fapohunda reveals disturbing provisions for matters of person(s)-specific pursuits rather than secular provisions that are broad in outlook and purview. Such provisions as those in Section 6(g) on transhumance, Section 17(1)(a) on federal government lands in the federation, Section 18(1) on the role of the governor of a littoral entity (state), and section 22(7) on open grazing of livestock are impulsive enough to stir deep and unsavoury hunches in citizens’’ the statement added.
Members of the MNR Constitution Review Committee representing the six geopolitical zones include Mr. Aaron Daniel Ladan, Sir Amorighoye Sunny Mene, Barrister Kingsley Ehensiri Akpederin, Barrister Gbenga Awosode, Barrister Matthew Godfree, Barrister Ozegbe S. Ogokuni, Barrister Edward Ekpoko, Chief Emeka Diwe, Chief Ike Nwalunor and Da Jonathan S. Akuns.
Others are Dr. Ayodele Ojajune, Dr. Chris Enemuoh, Dr. Diamond Longjel, Dr. Philip Idaewor, Dr. Sola Olunuga, Elder Ben Osawe, Engr. Ikem Nwandu, Prof. Ezekiel Kolawole Ogundowole, Mr. Isa Nuhu and Mrs. J. Adedeji.
Prof. Benjamin Okaba, Prof. Chris Akpotu, Prof. Friday Emenka Udeh, Prof. Jerry Chukwu Okolo, Prof. Nath Agu, Prof. Adaobi Patricia Ugbomeh, Prof. Julie Nwabogo Umukoro, Rev. James Pam, Mr. Rex Essenowo, Mr. Taiwo Akinola, Mr. Tony Ede, Mr. Wole Aina and Mr. Yerima Shetima are also members of the MNR Constitution Review Committee.
STATE HOUSE PRESS RELEASE
In honour of President Bola Tinubu’s determined global push to aggressively attract foreign direct investment into Nigeria, the world’s second largest stock exchange, the National Association of Securities Dealers Automatic Quotation System (NASDAQ), on Wednesday in the world’s financial capital, invited President Tinubu to ring the closing bell, making him the first Nigerian President to ever receive the honour.
The President, surrounded by Nigerian business leaders and officials of the Nigerian Stock Exchange, in trademark fashion, did not fail to seize the opportunity presented by the historic moment to boldly advance his foreign investment push as he stood, live, in front of financial markets at the famous stock exchange.
“It’s a great honour for me to be here. I am happy to bring Nigeria to your doorsteps and I am honoured that we are here today with a bubbling Nigerian stock market that will evolve in the West African sub-region. The greatest economy in Africa is Nigeria, there is an immense opportunity in Nigeria where you can invest your money without fear,” the President said.
The President noted that his government continues to address longstanding problems and impediments, such as his work to restore and unify the foreign exchange rate market to a stable and trustworthy level, allowing new investors to seamlessly bring their money into the country, free of worries about whether or not they can take their money out at any point in time.
“You’re free to take in your money and bring out your money. I count on you to invest in Nigeria,” the President exclaimed under the lights.
At the Nigeria-U.S. Executive Business Roundtable held just after the closing bell, President Tinubu assured prospective investors that while he recognizes that investment capital is cowardly in nature, he intentionally brought successful Nigerian industrialists and public officials to share their experiences and operational plans respectively, in addition to all that he has already done to boost the confidence of the global investment community in Nigeria’s presently reforming fiscal, monetary, regulatory and tax policy environment.
“Nigeria is an opportunity that is impossible to replicate or find elsewhere in any part of the world. We have brilliant young people who both innovate and consume at a large scale. Our entrepreneurial spirit is a major part of what makes our market totally unique, aside from demography. Nigerians build businesses and Nigerian businesses partner with other businesses to conduct larger business. There is enough value to spread around. Be careful of what you hear about Nigeria. You may be dissuaded out of a major opportunity that others will take up. We are here for you. We will give you all the support you need to succeed and succeed abundantly,” the President assured the roundtable as he pointed out cabinet officials.
On behalf of the U.S. Government, U.S. Deputy Treasury Secretary, Wally Adeyemo, told U.S. business leaders that he was just a few hours removed from arriving in New York from Lagos, Nigeria, where he was on an official visit that later became a fact-finding mission.
“In Lagos, I saw first hand some of the major reforms you implemented as the Governor of Lagos and the transformative effect it has had on Nigeria’s commercial capital. People have attested to the fact that the reforms you have put in place as President are quickly enhancing confidence. American business is paying attention to that and from what we have seen for ourselves, Nigeria is proving to be a new frontier for investment. We will encourage our companies from our end as those reforms continue to deepen,” Mr. Adeyemo said.
The American Business Council President, Mr. Sops Ideriah, said that the extensive turnout at the roundtable by American Business Chief Executives served as a testament to the degree to which confidence is rising in response to the actions and words of President Bola Tinubu’s administration with respect to ease of business, investment promotion, and his willingness to personally intervene where required to ease the historical concerns of American business people about doing business in Nigeria.
“Having all the stakeholders in the room, His Excellency the President of Nigeria being here, from government actors at the federal and state level to ministers and tax authorities present, as well as private sector industrialists in Nigeria. We are very positive about the potential of Nigeria and we are just reinforcing to our colleagues the message about the economic opportunities that exist there,” Mr. Ideriah said.
Acting Chairman of the Federal Inland Revenue Service (FIRS), Mr. Zacch Adedeji, assured the American Captains of Industry that under the leadership of President Bola Tinubu, the nation’s apex tax authority will be focusing its efforts not on taxing the seed, but only on the proportionate taxation of the fruit of fully formed industry, through efficient policy synergy with Nigeria’s sub-national authorities.
“The President is a business enabler, not a handicapper. Everything we do will be geared toward making your tax assessment and payment processes as digitally efficient and transparent as possible. We are not after the seed, but the fruit and we will keep to this commitment,” Nigeria’s new tax boss affirmed.
Chief Ajuri Ngelale
Special Adviser to the President
(Media & Publicity)
September 21, 2023
Probe missing $15bn, N200bn of oil revenues, SERAP tells Tinubu
Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to “set up a presidential panel of enquiry to promptly probe the grim allegations that over US$15 billion of oil revenues, and N200 billion budgeted to repair the refineries are missing and unaccounted for between 2020 and 2021, as documented by the Nigeria Extractive Industries Transparency Initiative (NEITI).”
SERAP urged him to “name and shame anyone suspected to be responsible for the missing and unaccounted for public funds and to ensure their effective prosecution as well as the full recovery of any proceeds of crime.”
SERAP also urged him “to fully implement all the recommendations by NEITI in its 2021 report, and to use any recovered proceeds of crime.”
In the letter dated 23 September 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “There is a legitimate public interest in ensuring justice and accountability for these serious allegations. Taking these important measures would end the impunity of perpetrators.”
SERAP said, “As President and Minister of Petroleum Resources, your office ought to be concerned about these damning revelations, by getting to the bottom of the allegations and ensuring that suspected perpetrators are promptly brought to justice, and any missing public funds fully recovered.”
The letter, read in part: “Any failure to investigate these grave allegations, bring suspected perpetrators to justice and recover any missing public funds would have serious resource allocation and exacerbate the country’s debt burden.”
“It would also create cynicism, suspicion, and eventually citizens’ distrust about the ability of your government to combat high-level official corruption, as well as deter foreign investment and limit growth and development.”
“We would therefore be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.”
“The findings by NEITI suggest a grave violation of the public trust and the provisions of the Nigerian Constitution 1999 [as amended], national anticorruption laws, and the country’s obligations under the UN Convention against Corruption.”
“The allegations of corruption documented by NEITI undermine economic development of the country, trap the majority of Nigerians in poverty and deprive them of opportunities.”
“Your government has a constitutional duty to ensure transparency and accountability in the spending of the country’s wealth and resources.”
“According to the 2021 report by the Nigeria Extractive Industries Transparency Initiative (NEITI), government agencies including the Nigerian Petroleum Development Company (NNPC) and the Nigerian Upstream Petroleum Regulatory Commission (NPDC) failed to remit $13.591 million and $8.251 billion to the public treasury.”
“The NNPC and NPDC failed to remit over 70% of these public funds. NEITI wants both the NNPC and NPDC to be investigated, and for the missing public funds to be fully recovered.”
“The report also shows that in 2021, the State Owned Enterprises (SOE) and its subsidiaries (the NNPC Group) reportedly spent US$6.931billion on behalf of the Federal Government but without appropriation by the National Assembly. The money may be missing.”
“The NNPC also reportedly obtained a loan of $3 billion in 2012 purportedly to settle subsidy payments due to petroleum product marketers but there is no disclosure of the details of the loan, subsidy and the beneficiaries of the payments.”
“The report also shows that N9.73 billion was paid to the NNPC as pipeline transportation revenue earned from Joint Venture operations but the money was neither remitted to the Federation nor properly accounted for. The NPDC in 2021 also failed to remit $7.61 million realized from the sale of crude oil.”
“The report documents that about N200 billion was spent on ‘refineries rehabilitation’ between 2020 and 2021 but “none of the refineries was operational in 2021 despite the spending.’ NEITI wants the spending to be investigated, as the money may be missing.”
“Section 13 of the Nigerian Constitution 1999 [as amended] imposes clear responsibility on your government to conform to, observe and apply the provisions of Chapter 2 of the constitution. Section 15(5) imposes the responsibility on your government to ‘abolish all corrupt practices and abuse of power’ in the country.”
“Under Section 16(1) of the Constitution, your government has a responsibility to ‘secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.’”
“Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”
“Similarly, articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on your government to ensure proper management of public affairs and public funds, and to promote sound and transparent administration of public affairs.”
“The UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party obligate your government to effectively prevent and investigate the plundering of the country’s wealth and natural resources and hold public officials and non-state actors to account for any violations.”
“Specifically, article 26 of the UN convention requires your government to ensure ‘effective, proportionate and dissuasive sanctions’ including criminal and non-criminal sanctions, in cases of grand corruption.”
“Article 26 complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption allegations.”
“Nigeria is also a participating state of the Extractive Industries Transparency Initiative (EITI), which aims to foster greater governmental accountability for the use of natural resource wealth through the creation of a set of international norms on revenue transparency.”
“EITI also aims to tackle corruption, poverty and conflict associated with natural resource wealth. Nigeria has the obligations to implement the EITI Standard, which sets out the transparency norms with which participating States including Nigeria must comply.”
Kolawole Oluwadare
SERAP Deputy Director
24/9/2023
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202