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Constitution Allows Workers To Participate In Politics – Falana

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Govt Can't Resolve ASUU Crisis With Court Rulings - Falana

A human rights’ activist Femi Falana (SAN) has said that the nation’s constitution allows workers to participate in politics.

Falana was responding to the warning from the federal government to civil servants to stay off politics.

The lawyer relied on the position of the Supreme Court which tagged the keep-off order hare-brained.

Folashade Yemi-Esan, Nigeria’s Head of Service, in a memo dated May 5, 2022, ordered civil servants to abide by the provisions of the Public Service Rules (PSR) (2008 edition) on partisan politics.

She said her office had been inundated with requests for clarification on the apex court judgement.

She reached her stay-off conclusion on the strength of a legal opinion issued by Abubakar Malami, Nigeria’s Attorney-General of the Federation. Falana, however, faulted the conclusion and by extension the premise (Malami’s opinion).

READ ALSO: Emefiele Takes INEC, Others To Court Over Right To Contest Presidential Election Without Resigning

n a lengthy op-ed, Falana noted, “Like other citizens, workers are equally entitled, by virtue of section 39 of the Constitution, to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

“In Inspector-General of Police v All Nigeria Peoples Party (2008) 12(WRN 65), the Court of Appeal annulled the issuance of police permit for rallies and other public meetings on the grounds that it was a breach of the fundamental rights of citizens to freedom of expression and association guaranteed by sections 39 and 40 of the Constitution.

“In line with the judgment, Section 83 of the Police Establishment Act 2020 has imposed a duty on the police to provide adequate security for participants in peaceful rallies and public meetings.”

He added, “In addition to constitutional provisions, the Government of Nigeria has ratified the United Nations Universal Declaration of Human Rights of 1948 International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights (ICCPR)5 both of 1966 as well the African Charter on Human and Peoples’ Rights (ACHPR) 1981 which guarantee freedom of association and freedom of expression.

“Indeed, the right of workers to associate and organise is enshrined in the Freedom of Association and Protection of the Right to Organise Convention 1948 (No. 87)6 and the Right to Organise and Collective Bargaining Convention 1949 (No. 98) of the International Labour Organization (ILO). Section 254C(2) of the Constitution has conferred exclusive jurisdiction on the National Industrial Court to enforce provisions of all ILO Conventions that have been ratified by Nigeria.”

On the supporting precedent provided by the apex court, Falana stated, “In the case of Independent National Electoral Commission v Balarabe Musa & Ors (2003) 10 WRN 1 the Supreme Court faulted the civil service rules which restrict the participation of civil servants and other public servants in the politics of the county.

“In the leading judgment of the apex court, the Honourable Justice Ayoola JSC held that, ‘There is nothing reasonably justifiable in a democratic society in the interest of defence, public safety, public order, public morality or public health in prohibiting a member of the public service or civil service … from eligibility to be registered as a member of a political party. The submission that the restriction is a valid derogation from section 40 by virtue of section 45 (1)(a) of the Constitution was erroneous.’

“In his concurring judgment, Mr Justice Uwais, the then Chief Justice of Nigeria said that ‘The provisions of section 40 of the 1999 Constitution are clear. Their import is to allow ‘every person,’ including public office holders and civil servants, the freedom to assemble freely and associate with other persons to form or belong to any political party, or trade union or any other association for the protection of his interests.’

“ The section has made no exception and there is no proviso therein limiting its application to civil servants or public officers.

“ Even though the civil service rules were not set aside as their legal validity was not challenged in the case, it has been held by the Court in several cases that sections 7, 66 (1); 107 (1) (f); 137 (1) (g); 142(2); 182 and 187(2) of the 1999 Constitution permit civil servants and other public officers who wish to contest elections to resign their positions 30 days to the date of elections for all the various positions of the president and vice president, governors and deputy governors, federal and state legislators as well as chairmen and councillors. See FAYEMI v. ONI & ORS (2019) LPELR-46623(CA); PPA v. PDP & ORS (2009) LPELR-4865;(CA); ADAMU V. TAKORI (2010) ALL FWLR (P. 540) 1387 (C.A)
“Notwithstanding that the Constitution is silent on the right of workers in the private sector to participate in politics it is submitted that they are equally entitled to contest elections without any legal entanglement.

READ ALSO: Why Jonathan Cannot Contest 2023 Presidential Election – Falana

“However, like civil servants, private sector workers who wish to contest elections are advised, subject to agreements reached with their employers, and/or the applicable conditions of service, to resign their positions or ask for leave of absence.

“It is, therefore, incumbent on workers in the private and public sectors to stop agonising about the problems confronting the country.

“This is the time to get organised with other pro-labour, radical and human rights forces and insist that a new Nigeria is possible,” he concluded.

Malami, in his legal opinion, said: “Neither the 1999 Constitution nor the Supreme Court has authorized civil servants to engage in partisan politics. The provisions of Rules 030422 and 030423 of the Public Service Rules (2008 Edition) were not nullified by the Supreme Court, hence, they remain in force and binding on all civil servants seeking to participate in nomination exercises or party primaries.”

 

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Ogun Information Ministry Defends N2b Budget Proposal, Pledges More Service 

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Kayode Akinmade at the defence of the budget proposal.

Ogun State Ministry of Information and Strategy says it will continue to deploy all communication strategies to serve all organs of government in the promotion of government policies and programmes through a two-way communication channel between the people and the government.

The Special Adviser to the State Governor on Media and Communications, Mr. Kayode Akinmade, gave the assurance on Friday, while defending the ministry’s budget proposal for next year before the members of the House Committee on Finance and Appropriation, led by Hon. Musefiu Lamidi at the Assembly Complex, Oke-Mosan, Abeokuta.

Akinmade reassured the Assembly that the ministry was cognisant of the principles of separation of powers, and would continue to render the necessary assistance to all arms of government in publicising their activities.

He noted that the next fiscal year would see to the utilisation of more strategies to mobilize the people for positive development, stressing that more reawakening of the people towards embracing the State’s core values alongside branding to leverage the successes achieved by the Prince Dapo Abiodun-led administration’s development projects would also be explored.

To this end, the ministry proposed a total budget expenditure of N2.023 billion for the next fiscal year, out of which N328 million would go for capital, N1.23 billion for overhead and the remaining N461million would take care of personnel.

Responding, the House Committee members sought more collaborative efforts from the ministry in mobilising the people towards government laudable policies and programmes.

Other agencies that had their budget proposals defended before the State lawmakers were the State Television (OGTV) and its State Broadcasting Corporation counterpart (OGBC), as well as the State Ministry of Culture and Tourism.

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Yuletide: Abiodun Tasks New Police Commissioner On Security

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L-R: Deputy Commissioner of Police (Administration), Sagir Ismail; Ogun State Commissioner of Police, Lanre Ogunlowo; Governor Dapo Abiodun; Deputy Commissioner of Police (Operations), Bolanle Muritala, and the Deputy Commissioner of Police (CID), Bode Ojajuni, during the visit of Ogunlowo as the newly appointed Commissioner of Police to the Governor at his office, Oke-Mosan, Abeokuta, on Thursday.

Ogun State Governor, Prince Dapo Abiodun has called on security agencies to design and deploy workable strategies that would ensure adequate protection of life and property during this Christmas period.

The governor made the call when he received the new Commissioner of Police, Ogun State Command, Mr. Lanre Ogunlowo, who paid him a courtesy call in his office at Oke-Mosan, Abeokuta.

Abiodun commended the security agencies for ensuring peace and tranquillity, noting, however, that unscrupulous people are bound to take advantage of the period to cause security breaches in the state.

He said: “As we approach the yuletide period, we all know that this period comes with its challenges. Those who are bent on carrying out nefarious activities, the get-rich-quick schemes, will also get a bit desperate, so I want to admonish you to please develop or design strategies to ensure that this yuletide period is peaceful for everyone, allowing us to celebrate and enjoy with our eyes closed and not have to worry about the breakdown of law and order.

“I want to enjoin your colleagues to please join hands with you the way they had cooperated with your predecessor so that together we can continue to build the future of Ogun State to achieve the future of our dreams.”

According to Abiodun, the state is unique in terms of geographical location as it shares borders with four states and an international border, noting that this has brought about an influx of people to work and attend educational institutions, thereby raising numerous security concerns for the government.

The governor, while informing the new State police chief about the steps taken to secure the State and its people, said his administration reinvigorated the State Security Trust Fund to provide modern equipment and logistics to the security agencies, noting that this had helped make Ogun one of the most peaceful states in the country.

He emphasized the importance of inter-agency synergy, which he said had contributed to the peace being enjoyed in the state.

Prince Abiodun maintained that the State’s position as number three in Internally Generated Revenue would not have been possible in an atmosphere of insecurity.

“Like they say, you cannot have any socio-economic development in an atmosphere of insecurity. You can build all the roads, all the airports and seaports, but if there is an atmosphere of insecurity, or even if there is a perception of insecurity, nobody will come to that State,” the governor noted.

The governor pointed out the issue of cultism, which is prevalent in some parts of the state, urging the new police chief to liaise with his colleagues from other agencies to find a final solution to it.

Governor Abiodun commended the Inspector General of Police (IGP) for deploying a highly intelligent and professionally sound officer to the state and equipping him with two Armoured Personnel Carriers, adding that the new CP’s practical training and qualifications have prepared him for the position.

“I want to thank the Inspector General of Police who has found you worthy of this deployment. I want to thank him because he remains one of our proud illustrious sons who has not let us down. Ogun State is known for exporting such human capital, and he is one of those we exported to the federal government, and he is up to our expectations,” he added.

While pledging to do all it takes to keep the State peaceful, the State helmsman assured that his administration would continue to support the State Police Command and other security agencies to maintain peace and order across the State at all times.

Speaking earlier, the new Commissioner of Police, Mr. Lanre Ogunlowo, said he is in the State to add value to what he met on the ground, assuring that with the support of the state government, cooperation from sister security agencies, and the additional Armoured Personnel Carriers given by the Inspector General of Police, he would work to secure the people and gain their trust.

“I had the privilege of working in the tactical intelligence unit of the Nigeria Police Force in the past, and I have a good understanding of the situation regarding cultism. As I mentioned when the governor was speaking to me, the Inspector General of Police graciously approved logistics, including Armoured Personnel Carriers (APCs), for Ogun State when I was coming. They would soon be here.

“I have a good team on the ground. As I said, I will improve on what I met on the ground. Before I left yesterday, I had a conversation with our anti-cultism unit, and we have some strategies in place.

“What I can assure you is that we will do all that is needed to address this issue, especially at a time like this. We will engage all stakeholders; we know we can’t do it alone, but we’ve got the wherewithal to deal with it,” he said.

Ogunlowo pleaded with the people to support the police and other security agencies in achieving their mandates, adding, “Let’s enjoy the season, let’s be careful, let’s respect the rights of others. We want peace; criminals should stay away and let the people of Ogun State enjoy the moment. We will be on the ground for that.”

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Why We Set Up Kojola Dry Port – Abiodun

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Nigerian Shippers' Council presents Certificate of Compliance to Governor Dapo Abiodun over Agro Cargo Airport, Inland Dry Port, others.

The Ogun State Governor, Prince Dapo Abiodun, has said that his administration conceived the Kajola Inland Dry Port project in alignment with the Federal Government’s initiative to strengthen rail lines across the country, and to take pressure off the Apapa and Tin Can ports and make the clearance of raw materials seamless.

The governor stated this while receiving the Outlined Business Case and Compliance Certificate for the Development and Operation of the port from a delegation of the Nigerian Shippers’ Council (NSC).

This was just as the council lauded the governor for establishing the dry port, saying that his vision underscored the collective dedication to improving Nigeria’s trade and logistics infrastructure, as it would play a vital role in national transformation.

Receiving the delegation led by the Executive Secretary and Chief Executive Officer of the Council, Barr. Pius Akutah, in Abeokuta, Governor Abiodun said: “Ogun State has a lot of federal roads that traverse the North, East, and other parts of the country, which explains why many manufacturers have found us a convenient location to set up their concerns.

“We have the advantage of proximity to Lagos, Nigeria’s busiest seaports and airport. We also have the advantage of extensive gas reticulation in terms of pipelines, which allows for energy and gas to power industries.

“These two factors have made us the industrial capital, and naturally, you will find that a lot of raw materials are coming in by sea, and once processed, they are coming in through Lagos to our State.

“This initiative is supported by the strong case that if we were able to establish an Inland Port here, it would align with the federal government’s initiative of strengthening the rail line since this line connects Lagos to Ogun, Oyo, Osun, and Ondo states.

“The volume of traffic at Tincan and Apapa seaports is overwhelming, and these ports have become extremely inefficient as containers remain there for upwards of 30-60 days, accruing demurrage. By the time they are cleared and brought down to our state, a lot of demurrage and added costs have been incurred.

“In a strong business case, we say if we set up the Inland Dry Port, when the containers arrive, they don’t need to be cleared in Lagos; they will be put onto trains, and all the processes will be done here. This means that containers destined for Oyo, Osun, and Ondo states will be cleared here.”

He stated that his administration would cooperate and work with the Shippers’ Council for the benefit of all.

Earlier, the NSC Executive Secretary/CEO, Barr. Pius Akutah, had said that the visit to the governor marked a robust and high level of collaboration between the State and the federal government on the milestones that the State had recorded through the establishment of the Inland Dry Port.

He noted that the dry port underscored the collective dedication to improving Nigeria’s trade and logistics infrastructure.

He said: “One of the significant aspects of today’s event is that it gives us an opportunity to look at the milestones you have achieved so far and also set a timeline within which we can move on with the critical transport infrastructure that is being developed here.

“Today, we are looking at ways in which we can partner with different state governments not only in terms of developing inland ports but also goods transport parks. We are considering issues of connectivity and the movement of cargo across the hinterland, not only in Nigeria but across Africa, since we are within the African Trade and Continental Free Trade Agreement Area where we are hoping that goods and services will move across Africa.”

Barr. Akutah said the provision of a good road network, the construction of an airport, and a conducive business environment had led to the influx of companies to the state, signaling the industrial revolution in the country.

“Your Excellency, we believe that the industrial revolution in Nigeria has already commenced in Ogun State under your watch, and we are very grateful for what you are doing.

“All the transport infrastructure you are developing, including the cargo airport which is at an advanced stage to commence operations, complements the efforts of Mr. President in terms of the industrial revolution in Nigeria, and this is quite commendable.

“We are also grateful to Your Excellency for the transit area which we are working together with our partners to develop in your State and also the land—a 20-hectare plot of land—which you graciously have provided to us to develop into a vehicle transit area,” he added.

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