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Femi Falana, COVID-19 fund and the art of misrepresentation

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There is a viral video where human rights lawyer, Mr. Femi Falana, made allusion to the sum of N135 billion given to the 36 states in December 2023 at a memorial event in honour of Dr. Beko Ransome-Kuti.

It is important to state here that Mr. Falana has a strong reputation for exaggerations and embellishments. What the Lagos lawyer rendered in that trending video was total misrepresentation of facts. He also did not tell his audience the real reason the said amount was released to the States under the World Bank-funded NG-CARES Programme.

Contrary to the wrong impression of wasteful and frivolous spending being conveyed to the public by Mr. Falana, it should be stressed that it is the Lagos lawyer who needs to get himself acquainted with the issue in contention.

Here are the facts:

  1. The whole global economy is still reeling from the after-effects of the COVID-19 pandemic with the attendant disruptions to the global supply chain, which the world is yet to fully recover from.
  2. COVID-19 exacerbated poverty around the world, especially as a result of loss of livelihoods in rural communities and among the urban poor.
  3. Post-COVID-19, the World Health Organisation and World Bank are still supporting countries to strengthen their health systems and emergency preparedness so nations can be in a much better position to deal with other public health emergencies that may occur in future. Just last year, there was an outbreak of Diphtheria, monkeypox, and Lassa Fever in more than 20 states in Nigeria that the government effectively contained.

In a bid to further manage the aftermath of COVID-19 in line with the framework of the WHO and the World Bank, the Federal Government, in December 2023, disbursed N135.4 billion to the states following Independent Assessment of results achieved under the Nigeria COVID-19 Action Recovery and Economic Stimulus Programme. The money, which Mr. Falana attempted to scandalise in the viral video, was released to address the social and economic crisis created by COVID-19. This is not peculiar to Nigeria. Every  country in the world today is still dealing with many socio-economic problems caused by COVID-19.

The aim of the NG-CARES Programme backed by World Bank, which is being implemented in all the 36 States and the Federal Capital Territory, is to mitigate the economic and social shocks faced by vulnerable people, who are yet to get their livelihoods back as a result of the lockdown occasioned by the pandemic. The project is structured as one that delivers results. Only states that have implemented according to laid-down procedures prescribed in the Financing Agreement, the Funds Release Policy, and the Independent Verification Agent Protocol get reimbursement for the money already spent.

Therefore, the money Mr. Falana mentioned with the intent to ridicule the Federal Government and incite the public against the government and President Tinubu was disbursed based on the results achieved by the States and FCT in their efforts at supporting poor and vulnerable Nigerians under the NG-CARES Programme.

The “top three best performing states in the  Second Round of Assessment are Nasarawa, which got N13,697,828,496.96, Cross River N10,944,747,818.84 and Zamfara N10,231,055,267.82,” according to NG-CARES National Coordinator, Abdulkarim Obaje, in a statement.

While the government needs critics as watchdogs for accountability and to engender more transparency in the management of public affairs and finance, that sacred duty should not be left in the hands of those who have elevated half-truths and embellishments as their article of trade. Criticisms should be constructive and fact-based.

Ajayi is Senior Special Assistant to the President on Media & Publicity

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Gas Minister visits site of gas truck accident in Ogun State 

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…Demands distributors invest in more pipelines to deliver gas to end users

Minister of State Petroleum Resources (Gas), Rt. Hon. Ekperikpe Ekpo, yesterday visited the site of the gas explosion at ItaOshin in Abeokuta, Ogun State, where there was a loss of life and destruction of property, as a truck conveying CNG, which experienced brake failure, crashed into the road barricade and the truck head went up in flames.

On the Minister’s entourage were the Authority Chief Executive (ACE) of NMDPRA, Farouk Ahmed, members of the Minister’s technical team and officials of the NMDPRA.

The Minister was received by Ogun State Governor, Prince Dapo Abiodun, who thanked him for the visit, stressing the importance of a thorough investigation to unravel the root cause of the accident and implementation of recommendations made to forestall future re-occurances.

Deputy Governor of the State, Mrs. NoimotSalako-Oyedele, and other officials of the state government had conducted Ekpo and his team on tour of the accident site.

The Minister commiserated with families affected by the tragedy and Gasco Marine Ltd, owners of the gas truck. He also commended the swift response of fire service personnel, and first responders, in the aftermath of the gas explosion even as he reiterated his commitment to grow the gas space.

Ekpo said going forward, rather than trucking to end users, the regulators will emphasise issuance of distribution licences that will ensure that licensed distributors invest in the installation of pipelines to deliver gas directly to end users.

He said the shift from trucking to pipeline transportation would not only enhance safety, but improve efficiency and reliability in delivering gas to consumers.

“As the Honourable Minister of State Petroleum Resources (Gas), I am committed to growing the gas space, but however I can assure you that every effort is being made to prevent such accidents as this one from occurring in the future,” he said.

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Tariff hike: Tribunal orders substituted service of interim order on MultiChoice

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A Competition and Consumer Protection Tribunal (CCPT) sitting in Abuja has granted an application for substituted service of the interim order, restraining Multi-Choice Nigeria Limited from its plan to increase tariffs on DStv and Gotv packages beginning From May 1.

The three-member tribunal, presided over by Saratu Shafii, granted the applicant’s motion following allegations that officers of the pay-TV firm in the Abuja office refused to receive service of the order and other court documents.

The applicant, Festus Onifade, said on Wednesday that the CCPT bailiff alleged that one of the company’s top managers at the Abuja office said the documents be channelled through their Lagos office, which is the headquarters.

The tribunal, therefore, gave the order of substituted service pursuant to Section 48 of the Federal Competition and Consumer Protection Act (FCCPA), 2018; and Part N, Order 14 Rule 11(1) of the CCPT Rule, 2021.

In the certified true copy of the order of substituted service, Shaffi directed that the ex-parte order in suit number: CCPT/OP/2/2024, be pasted at the corporate headquarters or any known address of the branches of the Multi-Choice Nigeria Limited across Nigeria.

She also ordered that the documents be sent to the company’s “known email address, social media handles and any means of communication publicly known for Multi-Choice and shall also be pasted in the CCPT communication outlet.

The documents had since been pasted at the Multi-Choice Abuja office located at Wuse II.

The tribunal had, on Monday, stopped MultiChoice from increasing its tariffs and cost of products and services scheduled to begin today.

The panel, who gave the order following an ex-parte motion moved by Ejiro Awaritoma, counsel for the applicant, restrained the firm from going ahead with impending price increase pending the hearing and determination of the motion on notice filed before it.

Onifade, in the suit marked: CCPT/OP/2/2024, had dragged Multi-Choice Nigeria Ltd and Federal Competition and Consumer Protection Commission (FCCPC) before the tribunal.

In the suit filed on April 29, Onifade, also a legal practitioner, sought two orders.

These include, “an order of interim injunction of this honourable tribunal restraining the 1st defendant whether by themselves, her privies, assigns by whatsoever name called from going ahead with impending price increase scheduled to take effect from 1st May, 2024, pending the hearing and determination of the motion on notice.

“An order restraining the 1st defendant from taking any step(s) that may negatively affect the rights of the claimant and other consumers in respect of the suit pending the hearing and determination of the Motion on Notice.”

Multi-choice had recently announced a price increment across its DStv and GOtv packages effective May 1, 2024.

The pay-TV company claimed the price hike was due to the cost of business operations in Nigeria.

The company had, on April 1, 2022, hike the prices of all its packages despite public outcry.

Prior to the effective date, Onifade filed a suit before Thomas Okosun-led CCPT, seeking an order restraining Multi-Choice from going ahead with planned increase, pending the hearing and determination of the motion on notice dated and filed on March 30, 2022.

Although the tribunal granted the ex-parte motion, directing parties to maintain status quo ante bellum, the company went ahead with the price increase on DStv and Gotv subscriptions and other products on the said date.

The claimant, however, raised the issue of contempt, accusing MultiChoice of disobeying the tribunal order which restrained them from going ahead with the price increase.

He accused the company of having a penchant for disregarding court orders.

And on April 11, 2022, after the arguments by counsel for the parties, the tribunal again ordered MultiChoice to revert back to the old prices by maintaining status quo of its March 30, 2022 order, pending the hearing and determination of the substantive matter.But this was all to no avail as counsel for MultiChoice, Jamiu Agoro, challenged the jurisdiction of the tribunal to hear the matter as the claimant lacked the locus to institute the action.

Agoro had argued that the order of the tribunal made on April 11, 2022, asking MultiChoice to revert to old rates was made against a completed act, the firm, having increased its tariffs on April 1, 2022.

The lawyer argued that MultiChoice had already configured all their devices for the increase in tariff to take effect before the tribunal made its order.

Agoro added that there was no evidence presented before the tribunal of damage that the claimant had suffered.

The Thomas Okosun-led tribunal, on Sept 6, 2022, consequently dismissed Onifade’s suit, saying the power to regulate prices of goods and services does not reside in the FCCPC, the regulatory agency.

According to the tribunal, the power to regulate prices of goods and services only resides in the president.

However, the judgement, which had been appealed against, is presently before the Court of Appeal in Abuja..

Onifade, in the instant suit, is contesting that Multi-Choice had failed to follow due process of law in accordance with Section 128 of FCCPA, 2018, in its announcement of the price hike on the grounds of short notice given to customers.

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Diri sets up committee on new minimum wage

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Gov. Douye Diri of Bayelsa has set up a committee to work out modalities for implementation of a new minimum wage for workers in the state’s civil service.

The committee is headed by Secretary to the State Government, Prof. Nimibofa Ayawei.

Other members included the Head of Service, Mrs Biobelemoye Charles-Onyeama, the Commissioner for Finance, Maxwell Ebibai, his Labour, Productivity and Employment counterpart, Ebiuwou Koku-Obiyai and the Chief of Staff, Government House, Mr Peter Akpe.

The committee has the end of May 2024 to submit its report.

Diri made the pronouncement on Wednesday at the 2024 Workers Day celebration at the Peace Park in Yenagoa.

The governor assured that his administration would implement a new minimum wage once the committee submitted its report, adding that the state workers always have emoluments as their federal counterparts.

Diri stressed that the welfare of workers had always been a top priority of his administration as attested to by the numerous worker-friendly policies he initiated.

He equally promised to commence the building of a new befitting secretariat complex for civil servants to accommodate the increasing workforce.

The state’s helmsman, who described workers as the backbone of development in society, attributed the achievements in his first tenure to the support and contributions of civil servants.

He called for continuous harmonious working relationship with his government in order to bequeath lasting legacies.

The Bayelsa helmsman also approved an annual step increment for civil servants, release of funds for completion of the state secretariat of the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC).

“The committee is to immediately look into what the Federal Government has done on the proposed minimum wage and see the possibility of domesticating it in Bayelsa.

“It is given until the end of May to submit its report.

“My dear workers of Bayelsa, you have done so well. You know that you are the engine room of this government. We have succeeded because you have done so well. We receive commendations everywhere we go.

“In terms of infrastructure, human capacity building and other sectors, we have done well. I say you should continue to keep it up.”

According to him, together, we are building a Bayelsa of our dreams, a beacon of hope, a model of progress and a testament to our unity of purpose.

“The tangible evidence of these fruitful collaborations is that abundantly, we have made it clear for all to see in the plethora of transformative legacy projects that now span the length and breadth of our state, touching the lives of all Bayelsa people.

“Let us continue to work together so that the future of our state will be established.

“Beyond the ongoing renovation, we will look at the option of building a new state-of-the-art secretariat complex to accommodate the expanding workforce,” he said.

Earlier, the workers eulogised the governor for his labour-friendly policies that had improved their working condition.

In a joint address by the chairman of the NLC, Comrade Barnabas Simon, and his TUC counterpart, Comrade Laye Julius, the workers specifically thanked the governor for approving payment of wage award to all categories of workers in Bayelsa.

“We thank you for the regular conduct of promotion exercises and implementation, prompt payment of salaries of workers and pensioners, among others.

“Organised labour in Bayelsa is most sincerely grateful for your kind and favourable disposition to the needs and aspirations of workers in the state.

“Your open-door policies and swift response to most of our demands in the last four years is highly appreciated,” they said.

They, however, appealed for an upward review of the wage award, improved transportation system for workers, and mapping out of acquired lands for civil servants.

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