The NAFDAC Head of Investigation and Enforcement, Federal Taskforce, Embugushiki-Musa Godiya, also said the agency would work to ensure that fake cosmetics and other counterfeit products were completely wiped out of the country.
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SERAP, 20 Nigerians file lawsuit against Akpabio, Abbass over allocation increase to N344bn
Socio-Economic Rights and Accountability Project (SERAP) and 20 other Nigerians have filed a lawsuit against the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas “for unilaterally and arbitrarily increasing the allocation for lawmakers from N197bn to N344bn, their highest since the return of democracy in 1999.”
Mr Akpabio and Mr Abbas are sued for themselves and on behalf of all members of the National Assembly.
The lawmakers had last month raised their allocation from N197 billion proposed by President Bola Tinubu for them in the budget to N344 billion. The lawmakers will in total draw N514 billion from the 2024 budget. The lawmakers also in 2023 arbitrarily increased their own budget from the originally proposed N169 billion to N228 billion.
In the suit number FHC/ABJ/CS/68/2024 filed last Friday at the Federal High Court, Abuja, the Plaintiffs are asking the court to determine “whether the lawmakers, in the exercise of their powers over appropriation/money bills, can unilaterally increase their own budget without the re-presentation of the budget by the Executive.”
The Plaintiffs are asking the court for “a declaration that the National Assembly, in the exercise of its powers over appropriation/money bills, cannot unilaterally increase its own budget without the re-presentation of the budget by the President in line with section 81 of the Nigerian Constitution 1999 [as amended].”
The Plaintiffs are asking the court for “a declaration that the action of the National Assembly, unilaterally increasing its own budget from N197 billion to N344 billion, without the re-presentation of the budget by the President is a breach of the democratic principles of separation of powers and checks and balances.”
The Plaintiffs are seeking “an order of perpetual injunction restraining and preventing the National Assembly from unilaterally increasing its own budget, in the exercise of its powers over all appropriation/money bills, without the re-presentation of such appropriation/money bills by the President in line with the Nigerian Constitution.”
In the suit, the Plaintiffs are arguing that: “Allowing the National Assembly to continue to unilaterally and arbitrarily increase its own budget would fundamentally undermine the letter and spirit of the Nigerian Constitution, public trust, and the rule of law.”
The Plaintiffs are also arguing that “The arbitrary and self-serving increase by the lawmakers of their own allocation offends the Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Nigerian Constitution, oath of office, and the democratic principles of separation of powers and checks and balances.”
According to the Plaintiffs, “Unless the reliefs sought are granted, the National Assembly will continue to breach the provisions of the Nigerian Constitution and the rule of law, and at the expense of millions of Nigerians living in poverty.”
The suit filed on behalf of SERAP and 20 concerned Nigerians by their lawyers Kolawole Oluwadare and Andrew Nwankwo, read in part: “Members of the National Assembly are public officers who have sworn the constitutional oath of office to perform their respective duties in the interest of Nigerian citizens.”
“The members of the National Assembly, by unilaterally and arbitrarily increasing their own budget in the Appropriation Bill 2024, without the re-presentation of the budget by the President has violated the Code of Conduct for Public Officers.
“Paragraph 1 of the Code of Conduct for Public Officers which provides that ‘a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.’
“Members of the National Assembly have put their interest above the public interest and ‘well-being and prosperity of the Federal Republic of Nigeria’, contrary to their oath of office.
“It is a necessary implication of the rule of law that, except where the law gives a discretion to a public functionary, he can only act in accordance with the law, as to do otherwise may enthrone arbitrariness.
“The increase and insertion of line items in the Appropriation Bill 2024 by the National Assembly is not commensurate with the constitutional commitments to public services and goods; decreasing public revenues and increasing level of public debts, and the poor economic and social realities in Nigeria.
“The President presented the Appropriation Bill 2024 made up of N27.5 trillion Naira to the National Assembly on 29 November 2023. The National Assembly on 30th December, 2023 passed the Appropriation Bill 2024 in the sum of N28.7 Trillion.
“That while exercising its legislative powers, the 1st and 2nd Defendants increased the Appropriation Bill by N1.2 Trillion, wherein the 1st and 2nd Defendants unilaterally increased allocations made to the National Assembly in the Appropriation Bill 2024 presented by the President from N197,932,625,616 Billion Naira to N344.85 Billion.
“The President signed the ¦ 28.7 Trillion Appropriation Bill 2024 into law on 1st January, 2024. The 2024 Budget is in deficit of ¦ 9.18 Trillion.
“The Budget/Appropriation Act 2024 is yet to be gazetted as at the time of filing this suit and public access to the gazetted 2024 Budget/Appropriation Act is restricted.
“The National Assembly after inserting new line items to the Appropriation Bill 2024 and altering the budgetary allocation to already inserted line items did not submit same to the President for re-presentation by the President before going ahead to present the Appropriation Bill to the President for assent.”
SERAP and 20 concerned Nigerians are also asking the court for the following reliefs: “A DECLARATION that the action of the National Assembly, unilaterally increasing the budget of the National Assembly from 197 billion Naira to 344 billion Naira, in the exercise of its powers over Appropriation Bill 2024, without the re-presentation of the budget by the President is a breach of section 81 of the Nigerian Constitution 1999 [as amended], the Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Nigerian Constitution, Oath of office [Seventh Schedule] and section 81 of the Nigerian Constitution.
“AN ORDER OF PERPETUAL INJUNCTION OF THE HONOURABLE COURT restraining and preventing the National Assembly from unilaterally increasing the budget of the National Assembly, in the exercise of its powers over all appropriation/money bills, without the re-presentation of such appropriation/money bills by the President in compliance with section 81 of the Nigerian Constitution 1999 [as amended] and the democratic principles of separation of powers and checks and balances.
“AN ORDER OF THE HONOURABLE COURT directing, compelling and mandating the National Assembly, in the exercise of its powers over all appropriation/money bills, to comply with section 81 of the Nigerian Constitution 1999 [as amended] by sending such appropriation/money bills to the President for re-presentation before the National Assembly in compliance with section 81 of the Nigerian Constitution and the democratic principles of separation of powers and checks and balances.
No date has been fixed for the hearing of the suit.
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Invoke executive order for state, LG police, Afenifere tells Tinubu
The pan-Yoruba socio-cultural and political organisation, Afenifere, on Saturday, urged President Bola Tinubu to invoke an Executive Order for the establishment of state and local government Police.
Afenifere, in a statement by its National Publicity Secretary, Jare Ajayi,in Ibadan, the Oyo State capital, also called for the erection of close-circuit television sets and deployment of modern technology for security purposes in strategic locations to end insecurity.
Ajayi said, “There are indications that Tinubu is desirous of putting an end to this deleterious menace. Towards the end of January this year, he approved the procurement of digital tracking tools to enhance the apprehension of bandits, terrorists and armed robbers.
“On Monday, April 22, this year, he used the occasion of addressing participants at the African Counter-Terrorism Summit which opened on that day in Abuja to assure everyone of his government’s readiness to ensure greater security. Unfortunately, recent happenings have not shown that the President’s desire in this respect is being worked upon.
“President Tinubu should get state and local government police off the ground immediately through the invocation of an Executive Order while the process of amending the Constitution continues.
“Close circuit television sets, deployment of modern technology for security purposes including drones must be effected immediately.”
He explained that the statement was motivated by the recent reports of banditry and kidnapping in Ogun, Edo, Ekiti, Oyo, Kogi, Zamfara and Niger States, respectively which made a research organization declare Nigeria as one of the top nations where kidnap ranks highest globally.
Ajayi noted that Fulani herders and farmers’ clashes kept occurring in Osun, Ondo and Oyo State; Otu, Igbeti and Alaga in the Oke-Ogun area of Oyo State were the latest victims.
The Afenifere spokesperson also said, “In order to end insecurity, enhance people’s welfare and ensure the sustenance of Nigeria as one of the top investment destinations in Africa as desired by the government, there is the urgent need by the Federal Government and security agencies to be more innovative and decisive.”
He lamented that banditry, including armed robbery, kidnapping was still occurring on South-West roads such as Lagos-Ibadan, Ibadan-Ijebu-Ode; Akure-Ilesa-Ibadan; Ore-Ijebu Ode-Lagos, Ikirun-Osogbo-Ilesa; Lokoja-Abuja, Owo-Benin and Ibadan-Iseyin-Saki.
“Latest reports have it that on Monday, May 13 instant, eight cocoa farmers were kidnapped at Marindoti Cocoa Farmers’ settlement in Ovia South-West Local Government Area of Edo State. Three students of Millicent Secondary School in the same area on their way to write their Senior Secondary School Examination, were also kidnapped at the same time.
“A sum of N31 million was reportedly paid to ransom three people who were kidnapped at Longe village on Ibadan-Ijebu-Ode Road last week Sunday. On Thursday, May 16, one Seliat Adeniji (nee Raji) was kidnapped in her Ebedi home in Iseyin, Oyo State. Her guard was killed in the process.
“Hon Bello Hassan representing Zurmi/Shinkafi Federal Constituency in the House of Representatives last Tuesday claimed that terrorists have sacked about 50 communities and abducted over 500 people in his area of Zamfara State as bandits overran Zurmi, the second most populous town in the state killing palace officers as well as policemen.”
To put a serious check on all these, the Afenifere spokesman said that there was an urgent need to dig deep into the roots of the menace and to be decisive in applying the necessary measures.
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NAFDAC shuts cosmetic shops in Lagos, seizes counterfeit products
The National Agency for Food and Drug Administration and Control has shut three shops and raided others during a clampdown on the sale of unregistered “Dr. Teal’s” brand of cosmetics in Lagos State.
The agency disclosed this in a post on its X handle on Saturday, stating that the action came after a complaint from the trademark holder.
The statement read, “NAFDAC has shut down three cosmetics shops and raided others, targeting the sale of unregistered ‘Dr. Teal’s’ brand cosmetics. This action follows a complaint from the trademark holder regarding potential counterfeit products.
“Two suspected shops along Excellent Line at the Trade Fair Complex were targeted, resulting in sealed shops and invitation letters issued to attendants.”
It added that another development unfolded at Okas Global Link Limited where NAFDAC confiscated over 200 cartons of various Dr. Teal’s products and other unregistered cosmetics, suspecting them to be the source of distribution.
A shop identified as Cubana Stores at Phil Hallmark Plaza was also reported to have been sealed for stocking and selling the moisturising body and bath products of the alleged unregistered Dr. Teal’s brand.
NAFDAC added that according to its regulations, shop owners found guilty of selling unregistered products face penalties of up to ₦5m fine.
It said shop owners were also being questioned as part of ongoing investigations.
In the statement, the agency emphasised the health risks associated with fake cosmetics, stating the potential dangers of using products containing harmful substances.
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Traders, soldiers clash at Banex Plaza in Abuja
The Federal Capital Territory Police Command has deployed intelligence officers to Banex – an electronics and telecommunications gadgets market, in Abuja following a conflict that ensued between soldiers and some traders on Saturday.
A viral video seen by our correspondent on X on Saturday showed a multitude of civilians overpowering some soldiers during a free-for-all fight at Banex.
The Defence Headquarters, and the spokesperson for the Nigerian Army, Onyema Nwachukwu could not be reached for comments as of press time.
Meanwhile, a trader who simply identified himself as Abdul, told our correspondent on Saturday that the conflict ensued over the sale of a mobile phone.
“There’s a problem at Banex now. Some soldiers came to complain about a phone, and during an argument with the traders, a fight ensued,” Abdul simply revealed.
When contacted over the development, the spokesperson for the FCT Police Command, SP Josephine Adeh said the Commissioner of Police, Benett Igweh has deployed officers of the FCT Intelligence Response Team to the scene of the incident.
“The CP has deployed the Intelligence Response Team to the scene,” Adeh confirmed.
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