Legal Nigeria

Abuja – Some men in the Federal Capital Territory (FCT) on Friday said the feministic movement promoting equal rights should give men the right to demand for alimony after a failed marriage.

The men, who spoke in Abuja, said women empowerment should come with some responsibilities and consequences.

Alimony, also known as spousal support, is a legal obligation on an individual to provide financial support to his or her spouse after divorce or marital separation. Dr Bode Timothy, a marriage counsellor and psychologist, told NAN that men normally do not request for alimony because of the possibility of being scrutinised by society. “Responsible men cherish their ego and refuse to be viewed by people as weak individuals, so they avoid ever having to depend on women for any reason. “However, with the current clamour for equal rights, current feministic movement and shift in the traditional gender roles; I am not surprised that more men are asking for alimony. “Many men measure their success by their ability to provide for themselves and the people that depend on them.

“This feeling makes men view spousal support after a divorce as emasculating, and that is why we hardly hear of this payment being made to men by women,’’ Timothy said. Casper Brown, a travel agent, said that he was in full support of men receiving alimony since women had decided to fill the spaces originally designed for men. “Since women have decided to physically prove that they can carry out masculine roles better than men, I think they should also carry out the financial obligations. “I cannot ask a woman for spousal support but if a man married a woman that earns more than he does, he should demand for alimony if the marriage fails,” Brown said.

Tobi Adeleke, an estate surveyor, told NAN that he felt that society treated Nigerian men unfairly and it was time for men to ignore those pressures. “Society makes us believe that women can be lazy and all they have to do is get married to a successful man who would take care of her worries. “Meanwhile, men are forced to get good jobs as there will be nothing for them to fall back on if they fail. “We watch divorces happen in some countries where the man has to leave his house for the woman and unfairly share his hard-earned money with the woman he no longer loves. “If he doesn’t share the money, he is made to pay the woman alimony for the rest of her life. “Why can’t the woman go and get a job or do something as an independent woman?’’ Adeleke said. He said in this age of women empowerment and equal rights, women who earned more than their husbands should start paying alimony in the event of marriage break up. However, Joseph Ezu, a primary school teacher, was of the opinion that men who received spousal support automatically lose their respect. “I understand that men are trying to get back at the unfair societal treatment they have received in comparison to women. “Obviously, it is clear and fair that if women are going to take up the good parts of playing a male role they should also take up the bad parts too. “However, I feel that a man losses his pride and respect once takes up spousal support from his wife. “I don’t think respectable men should get involved in such a mess,” Ezu said. (NAN)

Vanguard 

Former Director of Media and Publicity, campaign committee of ex President Goodluck Jonathan and former Aviation Minister, Chief Femi Fani-Kayode, was, Friday, re-arrested by the Economic and Financial Crimes Commission, EFCC, after he stepped out of a court room at Federal High Court sitting in Lagos, where he is standing trial.

 Fani-Kayode, was charged alongside a former Minister of Finance, Nenandi Usman, Danjuma Yusuf and a company, Joint Trust Dimension Nig. Ltd., on a 17 count charge of unlawful retention, unlawful use and unlawful payment of money in the tune of about N4.9 billion, aa charge brought against them by the EFCC. They all pleaded not guilty to the charge and were granted bail. Friday, the prosecutor, Mr Rotimi Oyedepo, opened its case and had wrapped up the witness’ evidence for the day, while the court adjourned the case to November 14 and 15, 2016, for continuation of trial and rose.

 However, shortly after Fani-Kayode had walked out of court, two officers of the EFCC dressed in white kaftan, flanked his sides, and requested that he followed them to the commission’s office. Immediately, the court’s gate was barricaded by a toyota Hiace bus and Fani-Kayode was taken off to the EFCC. Meanwhile, Friday, EFCC had opened its case for the prosecution and called its first witness, a Media consultant, Mr Idowu Olusegun. Led him in evidence, the witness, who is media consultant, Paste Posters Company Ltd, told the court that N30 million was paid in cash to him, by the office of the Director of media and publicity, PDP campaign Organisation.

 According to Olusegun, he had reached an agreement with the organisation whose office is situated at 14B, Samora Micheal Avenue, Asokoro, Abuja, for the sum of N24m for media consultancy services. He said that a further negotiation was reached in which N50 would be paid for each size of A2 posters, while N20 would be paid for each size of A4 flyers. The witness told the court that after the printing job for the posters and flyers was done, he was invited to the office of the organisation and given N30 million in cash. He further told the court that he had demanded to know why payments was made in cash and was informed by one Mr Oke, that cash was the approved means of payment. He said that Mr Oke had been the person communicating with him throughout the pendency of his engagement to do the media jobs. The witness added that apart from the N30 million paid to him, there was also an outstanding payment of N24m which was not paid to his company. After his testimony and based on agreements of counsel, the court fixed November 14 and 15 for continuation of trial. Meanwhile, a mild drama played out in court during trial, when the trial judge, Justice Sule Hassan, ordered the seizure of the mobile phone of Fani-kayode.

The accused had held his phones and suddenly, the phone rang out loud and the judge asked: “Who is doing that?” He ordered the court’s registrar to seize the phones. Similarly, the trial judge also issued a warning to counsel representing the accused, when he sighted him sipping from a bottle water during proceedings.
The judge had warned counsel to seek the permission of the court, whenever, his client was pressed for water. According to Hassan “The court is not a market place, there must be order and sanity.” In the charge, the accused were alleged to have committed the offences between January and March 2015. In counts one to seven, they were alleged to have unlawfully retained over N3.8 billion which they reasonably ought to have known formed part of the proceeds of an unlawful act of stealing and corruption. In counts eight to 14, the accused were alleged to have unlawfully used over N970 million which they reasonably ought to have known formed part of an unlawful act of corruption.

Source : Vanguard 

…Justice Denton-West, Ondo NBA Chair proffer solution to judicial corruptionThe Nigerian Bar Association (NBA) has asked judges recently arrested by the Department of State Services (DSS) over allegation of corruption to suspend sitting and proceed on compulsory suspension.NBA President, Abubakar Mahmud (SAN), who made the request in Abuja Thursday urged the affected judges to recuse themselves from all judicial activities until their innocence was proved.He said the accusation and counter-accusation between the affected judicial officers and some politicians and institutions, following the last mass arrest of judges, has made it imperative for the National Judicial Council (NJC) to take urgent steps to salvage the image of the Judiciary.

Mahmud spoke at a valedictory court session for the retiring Justice Sotonye Denton-West of the Court of Appeal. He called for urgent intervention of the NBA to revive the dwindling reputation of the Judiciary.Mahmud said: “In the interim however, particularly having regards to what appears to an ongoing accusations and counter accusations between the some of the judges and other personalities or agencies, it appears to the NBA that it is extremely important that the NJC takes very urgent steps to safeguard the public image and sanctity of the courts.“We therefore strongly recommend that, without prejudice to the innocence or otherwise of the Judges involved in the ongoing investigations, they should be required to recuse themselves from further judicial functions or required to proceed on compulsory leave until their innocence is fully and completely established or until the conclusion of all judicial or disciplinary proceedings.“We believe this will be necessary in order to protect the sanctity and integrity of judicial processes that may involve the judges concerned and safeguard the public image of the institution,” Mahmud said.Justice Denton-West, who, until her retirement, the Presiding Justice of the Court of Appeal, Akure division agreed with the Chairman, NBA, Ondo State, Adetunji Oso agreed that the Judiciary was not immune to corruption that currently pervades the Nigerian society.While Denton-West said she was once a victim of corruption in the Judiciary, Oso advised that rather than argue about the level of corruption in the judicial system, efforts should be directed at curbing it.Justice Denton-West said: “Indeed, I know and believe that there is corruption, unfortunately even in the folds of the Judiciary. I have personally been a victim of corrupt act from the Judiciary on some occasions.“The Nigerian Judiciary in the past has been one of the greatest in the world, but it is time to relive and embrace the rule of law in its entirety. It seems only lip service is paid to this great doctrine. It is essential that the rule of law must be observed in order for society to run smoothly, otherwise the beauty of democracy will elude us.“The rule of law is observed when there is mutual respect between the authorities and those subject to authority and, between the powers that be and their subjects, in accordance with the law. For we are all subject to the law,” she said.Oso argued that there was no dispute about the existence of corruption in the Judiciary, adding that every Nigerian should be concerned about how to eradicate it.He was of the view however, that efforts to rid the Judiciary of corruption must not end in destroying the entire system.Oso suggested that any judge accused of corruption should first be dealt with internally/administratively by the NJC before he/she is released to be prosecuted as a former judge, in the regular court.He called for urgent reforms in the workings of the NJC to enable it deal with complaints against judges promptly and must act without fear or favour.As a further measure of riding the Bench of corruption, the Ondo NBA Chair suggested among others, the exclusion of spouses of politically exposed individuals from consideration for appointment as a judge.He added that where such a spouse was already a judge before his/her husband/wife became politically exposed, such judge should resign.Other speakers, including the President of the Court of Appeal, Justice Zainab Bulkachuwa, Minister of Justice and Attorney General of the Federation (AGF), Abubakar  Malami (who was represented by the Solicitor General of the Federation, Taiwo Abidogun) and Onomigbo Okpoko – SAN – (who spoke for the Body of Senior Advocates of Nigeria) and Mrs. Hairat Balogun – SAN – (who spoke for the Body of Benchers) eulogised the retiring Justice Denton-West.They described her in beautiful words, including being an embodiment of integrity.
The Nation 

By Adetutu Folasade-Koyi and Juliana Taiwo-Obalonye, Abuja

Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN). said yesterday that cash now dictates justice in the country.
Besides, the Constitution lawyer also said judges are not immune from arrests as there is no law granting such privilege. The Department of State Services (DSS) last weekend arrested some judges nationwide.
In a statement yesterday which contained his reaction, Sagay said the “expanding epidemic of judicial corruption” had destroyed the veil of invincibility judges once possessed.
“The searches of the premises of judges by the DSS is a sad development in our legal history brought about by inevitable circumstances.
“Although no judge had ever been subjected to search of premises and arrest, from the colonial period until recently, this was not because there was any law protecting judges’ immunity against arrest and criminal prosecution. Rather, it was based on a convention arising from the need to respect the dignity and sanctity of the judiciary.“In other words, the practice of respect for members of the judiciary was a convention, not a binding Rule of Law. Members of the judiciary do not enjoy immunity against searches and arrests under any law. Therefore, the sustenance of sanctity of the person, office and residence of a judge depended on the continued maintenance by the judge of decorum, dignity, honesty and integrity.
“The explosive and expanding epidemic of judicial corruption, which has taken an alarming character since the 2007 elections, has totally overturned the culture of respect for the judiciary and brought the revered institution into disrepute and ignominy.
“The epic and corrosive nature of the problem has made the system expressly laid down for dealing with judicial indiscipline, that is, the National Judicial Council (NJC) system, totally ineffective. The level of moral depravity and the enormous number of culprits engaged in aggressive or rampaging corruption was just too much for the orthodox system of discipline to deal with.
“The amount of raw cash recovered in the process of the DSS searches is mind-boggling. We, therefore, have a situation in which a deadly disease was threatening the very existence of democracy and the Rule of Law.“The question must be: do we take drastic and unprecedented steps to sanitise the judiciary and save the institution from those who are prepared to drag it and our democracy down for filthy lucre? Or do we twiddle our fingers in despair and let the shameful erosion and retrogression of a once famous and revered institution to go on?
“This is a country that once had one of the greatest judiciaries in the world. It now seems unbelievable that our judicial benches were once graced by legendary figures like J.I.C. Taylor, Louis Mbanefo, Joseph Adefarasin, Adetokunbo Ademola, Akinola Aguda, Anthony Aniagolu, Kayode Eso, Mohammed Bello, Chukwuweike Idigbe, Andrews Otutu Obaseki, Augustine Nnamani, Adolphos Karibi-Whyte and Chukwudifu Oputa. Between 1980 and 1990, we had an outstanding group of jurists in the Supreme Court, who created the golden age of the judiciary.
“What has happened between that dreamlike era and now is a rapid descent into the world of mammon, where cash dictates justice. With that degeneration of our judicial standards, our judicial ‘gods’ have descended from mount Olympus and joined the ranks of ordinary men and thus are suffering the fate of ordinary men.”Also, Minister of Information, Culture and Tourism Development, Alhaji Lai Mohammed, said yesterday that notwithstanding the current corruption charges against some judges, President Muhammadu Buhari, who appointed five Senior Advocates of Nigeria (SAN) into his cabinet, confirms his respect for the judiciary.
He said the fact that this was the first time judges were arrested for corruption, does not mean the President set out to humiliate any judge, stressing that not all the lawyers were being painted with the same brush.The DSS stormed the homes of judges in Abuja, Gombe, Port Harcourt and arrested them for alleged corruption. They include Justices Sylvester Ngwuta and John Okoro of the Supreme Court as well as Adeniyi Ademola of Federal High Court, Abuja.
The residence of Nnamdi Dimgba  was also searched but was not arrested. The judges were released on Sunday by the DSS who granted them bail on self-recognisance.The minister, who was responding to a question from State House correspondents on the arrest said, “I think the Federal Government is being very careful with handling of this particular issue, I want to state clearly that this government believes very much in separation of powers, this government has a lot of respect for the judiciary and for obvious reasons, not just because the Constitution says so, but I think probably this is one cabinet that has the highest number of lawyers as ministers,” he said.Also, a former Education Minister and a leader of the #BringBackOurGirls campaign, Mrs. Oby Ezekwesili, has expressed dismay over a tweet by a presidential spokesman, Garba Shehu, suggesting that some media houses acted against Nigeria’s interest in their reporting of the recent arrest of some judges.
“To suggest that the government is acting outside the law in a dictatorial manner is to breach the interest of the state,” Mr. Shehu tweeted on Sunday.
The tweet was picked from the first statement issued by the Presidency after the DSS’ raids.
The Presidency accused the media of portraying the incident as a confrontation between the executive and the judiciary.
Mrs. Ezekwesili took on Mr. Shehu on the social media site.
“Delete your Press Release,” she wrote. “How dare you dictate what opinion citizens should express on any issue in a democracy?”
She said dissent voices and debates were the essentials of democracy, and that Mr. Shehu needed to take a class on “Democracy 101”.Source : Sun News

The Ogun State House of Assembly on Tuesday passed a bill proposing twenty five (25) years imprisonment or death sentence if life is involved for anyone found guilty of placing on any land or landed property any agent for the purpose of forceful takeover of the said land with arms.The bill forbids the use of any fire arms, offensive weapon, obnoxious or chemical materials by anybody to cause any form of injury or uses violence on any person over land or allied matters.The bill also specified N5m fine or ten years imprisonment or both fine and imprisonment for anyone found guilty of placing on any land or landed property an agent for the purpose of forceful takeover of such land.The bill also stipulated life imprisonment with hard labour and without option of fine for anybody found guilty of kidnapping, abduction and violent rituals in Ogun State.

But where such results in death or grievous bodily harm, forcible detention and related offence and the person kidnapped, restrained detained, kept, abducted or seized dies in the process, the offender shall be liable on conviction to such punishment as provided for the offence of murder under Section 319 (1) Criminal Code Law of Ogun State, 2006 or such other law for the time being in force.The bill titled, “H.B. No. 03/2016- “A bill for a law to Prohibit Forcible Entry and Occupation of Landed Properties, Violent and Fraudulent Conducts in a Relation To Landed Properties “ Armed Robbery, Kidnapping, Cultism and Allied matters and For other Matters Incidental thereto or Connected Therewith,” was initiated by the Deputy Speaker, Kunle Oluomo, representing Ifo State Constituency 1, and later harmonized with simiar one proposed by the Ogun State government.During plenary Presided by Speaker Suraj Adekunbi, yesterday, the bill was passed as the Speaker ordered that the clean copy of the bill be sent to the State Governor, Senator Ibikunle Amosun for his assent.The passage of the bill followed the presentation of the report of the special/ joint Committees on Lands and Housing as well as Justice, Ethics and Public Petitions led by the Deputy Speaker and Sponsor of the bill, Hon. Kunle Taiwo after which he moved a motion for its adoption, seconded by Hon. Adebiyi Adeleye and supported by the Whole House.The members later did clause –to-clause reading and adoption of the Bill by the Committee of the Whole after which the Majority Leader, Hon. Adeyinka Mafe, moved the motion for the third reading, seconded by Hon Adebowale Ojuri and supported by the Whole House through a voice vote, thereafter the Assembly’s Acting Clerk, Mr. ‘Deji Adeyemo did the third reading.The new bill also spelt out punishment for robbery, as according to it, ”any person who commits the offence of robbery shall upon trial and conviction under this law be liable to a sentence of imprisonment of a term not less than twenty-one years”, while that of conviction for armed robbery attracts death sentence.It would be recalled that the State Government and the Assembly had recently assured that relevant but an all -encompassing bill that proffer a lasting solution to the illegal activities of land speculators/grabbers who had been violently dispossessing people of their landed property in the State was underway to curb the menace.Source : The Nation 

Three members of the House of Representatives accused of soliciting for sex while on a tour of the United States of America have been exonerated of the crime.The three members accused of sexual misconduct while on a trip to the United States are Mohammed Gololo (AP-Bauchi); Mark Gbillah (APC-Benue) and Samuel Ikom (PDP-Akwa Ibom).The House Committee on Ethics and Privileges passed the verdict on Tuesday in a report submitted to the House.Former United States Ambassador to Nigeria, James Entwistle, had accused the lawmakers of sexually assaulting a house keeper and soliciting for sex while attending the International Visitors Leadership Programme in Cleveland, Ohio.However, Hon. Nicholas Ossai (PDP-Delta) Chairman, House Committee on Ethics and Privileges, said the lawmakers were cleared for want of evidence.“Rep. Mohammed Gololo, Rep. Mark Gbillah and Rep. Samuel Ikom are cleared of and exonerated from the allegations levelled against them by the US Ambassador to Nigeria in his June 9, 2016 letter to Speaker for want of evidence.“In the light of the foregoing, the Minister of Foreign Affairs should engage the US Ambassador to Nigeria with a view to finding a seamless resolution of the domestic fall out of this unfortunate incident as it relates to the lawmakers,’’ Ossai said.He further urged the Ministry of Foreign Affairs to write to remind the US Embassy of the need to always adopt the official channel of communications in its dealing with any organ or institution of government.The incident allegedly occurred in a hotel during the International Visitor Leadership Programme in Cleveland, Ohio, U.S. held between April 7 and April 13. It was attended by 10 members of the lower chamber.When the House ordered a probe in July, the US ambassador was expected to provide video evidence. But according Nicholas Ossai, who spoke to our correspondent on phone, no evidence was provided
Source : PM News

The Judiciary Staff Union of Nigeria (JUSUN) has described as brutal and uncivilized, the raid on the houses of some Judges and their arrest at the weekend by men of the Department of State Security (DSS) for alleged corruption.
The union said while it is in total support of the fight of corruption, the rule of law must be applied in dealing with cases of corruption and demanded the immediate release of all the arrested judges.
National President of the union, Comrade Marwan Mustapha Adamu said in a press statement in Abuja that the union has summoned an emergency National Executive Committee (NEC) meeting for Tuesday 11, October 2016 to deliberate on the issue with a view to fashioning out the next line of action, if nothing is done to uphold the sanctity of the Judiciary as an arm of government.
The statement signed by the National Public Relations Officer, Comrade Koin Selepreye quoted the Union President as lamenting the gestapo style adopted by the DSS in dealing with the matter.
According to the Union officials, the secret police should have forward the names of the corrupt officers to NJC which is the statutory body which can punish or dismiss any erring judicial officer.
While calling on members to remain calm on what he described as “invasion of the Judiciary” the union said “we received with disappointment the news of raiding and subsequent arrest of some Judges in Nigeria who were accused of corruption in an inhuman manner.
“It is sad that as a Security Agency whose primary duty includes intelligent gathering and the protection of Senior Government official would now perform their duties in a gestapo style
“The National Office of the Judiciary Staff Union of Nigeria (JUSUN) rejects this unfortunate trend. To think that an Agency like the DSS that is expected to respect the rule of law and due process would now under whatever guise not do the right thing.
“In as much as we do not support corruption, we frown at the manner with which the DSS is going about its duty as it is very vindictive and unacceptable to us. We therefore urge the DSS and all Security Agencies to respect the Rule of Law for democracy to strive stronger in Nigeria”.

Source :The Nation 

Is it lawful for the Federal Government to meet the short-term gap in its finances by selling national assets? What does the 1999 Constitution say? ROBERT EGBE examines the law and the argument of lawyers on the debate which won’t go away, despite the government’s denial of the plan to sell the national patrimony.When Africa’s richest man Aliko Dangote suggested the sale of national assets to exit recession, many saw him as flying a kite. When the National Economic  Council (NEC) chaired by Vice President Yemi Osinbajo bought the suggestion, the fears were confirmed. The 36 governors are members of the NEC,  whose position stirred the hornet’s nest. Politicians, economists, lawyers and others condemned the proposal, warning that national assets might end up in the hands of friends and cronies of government officials.The plan, some lawyers said, could breach the 1999 Constitution which prohibits the concentration of the economy in a few hands.The case for sale

According to Finance Minister Kemi Adeosun, Nigeria is in its worst economic recession in 29 years, and is facing challenges plugging its budget deficit.The country has also been finding it difficult to secure low-interest foreign loans due to its poor credit ratings, which has made assets sale an attractive option.In an interview in Lagos on September 20, the Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, said he was favourably disposed to assets sale and had considered the option since April, last year.He said: “In the short run, we can sell assets. You will recall that as at April 2015, I had an interview with Financial Times  of London, during which even before the government came on board, I had opined that there was need for the government to scale down or sell off some of its investments in oil and gas, particularly in the Nigerian National Petroleum Corporation (NNPC) and Nigeria Liquefied Natural Gas (NLNG) Limited, as at that time when the price of oil was around $50-$55 per barrel.“We actually commissioned some consultants that conducted the study and at the end of that study, we were told that if we sold 10 per cent to 15 per cent of our holding in the oil and gas sector, we could realise up to $40billion.“Unfortunately, the markets have become soft. Now, if we choose to do that, we could still get $10 to $15b or maybe $20b.”Emefiele said the sale should be done with a “buy-back” clause, so that the government could recover the assets in future.Billionaire businessman Aliko Dangote, Emir of Kano and former CBN Governor Muhammadu Sanusi II, and Senate President Bukola Saraki, among others, have also backed the idea.Last Thursday, the National Economic Council (NEC), comprising governors, approved the sale of some of the assets. A statement from the office of  Vice President Yemi Osinbajo, same day, said the step was aimed at “tackling the current economic recession in the country”.The assets

• Nigeria Liquefied Natural Gas (NLNG) Limited was incorporated as a limited liability company on May 17, 1989, to harness the vast natural gas resources and produce Liquefied Natural Gas (LNG) and Natural Gas Liquids (NGLs) for export. The establishment of NLNG is backed by the NLNG Act.

The company is owned by four shareholders: the Federal Government of Nigeria, represented by the Nigerian National Petroleum Corporation (49 per cent); Shell (25.6 per cent); Total LNG Nigeria Ltd (15 per cent) and Eni (10.4 per cent).It has wholly–owned subsidiaries: Bonny Gas Transport (BGT) Limited and NLNG Ship Management Limited (NSML).According to the Acting Chairman, Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), Shettima Abba Gana,  the NLNG remitted a dividend of $1.289 billion to the Nigerian National Petroleum Corporation (NNPC) in 2013, indicating that the asset was highly productive.

• The NNPC is the oil company through which the government regulates and participates in the petroleum industry.

Established on April 1, 1977, by law, NNPC manages the joint venture between the government and a number of foreign multinational firms, which include Royal Dutch Shell, Agip, ExxonMobil, Chevron, and Texaco (now merged with Chevron).Under the 1999 Constitution, all mineral resources are the property of the Federal Government, thus oil firms in Nigeria appropriate portions of their revenue to the government, which account for nearly 60 per cent of the revenue generated by the oil industry.According to an article, “Reforming the oil industry” in The Economist, revenue from NNPC accounts for 76 per cent of the Federal Government income and 40 per cent of Nigeria’s GDP.

• The Presidential Air Fleet (PAF) has 10 aircraft, none of which was bought by the Buhari administration.

On November 17, Senior Special Assistant to the President (Media and Publicity), Garba Shehu,  said the government spent a little above N2 billion on maintenance of PAF in six months. The Goodluck Jonathan administration reportedly spent N9.08bn annually on maintaining PAF.Other assets include refineries, airports and the East-West Rail linesWhat does the Constitution say? Section 16 governs the management of resources, including government assets, and it falls under the fundamental objectives and directive principles of state policy in Chapter II.All sections under the chapter are not justiciable, meaning that the government cannot be successfully sued if it fails to abide by them.Another relevant provision is Section 16 (1). It states: “The State shall, within the context of the ideals and objectives for which provisions are made in this Constitution;  (a) harness the resources of the nation and promote national prosperity and an efficient, dynamic and self-reliant economy; (b) control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity; (c) without prejudice to its right to operate or participate in areas of the economy, other than the major sectors of the economy, manage and operate the major sectors of the economy; (d) without prejudice to the right of any person to participate in areas of the economy within the major sector of the economy, protect the right of every citizen to engage in any economic activities outside the major sectors of the economy.(2) The state shall direct its policy towards ensuring:  (a) the promotion of a planned and balanced economic development; (b) that the material resources of the nation are harnessed and distributed as best as possible to serve the common good;  (c) that the economic system is not operated in such a manner as to permit the concentration of wealth or the means of production and exchange in the hands of few individuals or of a group; and  (d) that suitable and adequate shelter, suitable and adequate food, reasonable national minimum living wage, old age care and pensions, and unemployment, sick benefits and welfare of the disabled are provided for all citizens.”Section 44 (1) says: “No moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purposes prescribed by a law that, among other things – (a) requires the prompt payment of compensation therefore and (b) gives to any person claiming such compensation a right of access for the determination of his interest in the property and the amount of compensation to a court of law or tribunal or body having jurisdiction in that part of Nigeria.”The case against saleLagos lawyer Femi Falana questioned the government’s proposal, saying it conflicts with Sections 16 (c) and 44.He said: “It is pertinent to point out that the suggestion is in total conflict with Section 16 of the Constitution which has prohibited the concentration of the nation’s wealth in the hands of a few people or a group.“Indeed, by Section 44 of the Constitution, the nation’s natural resources shall be held in trust for the Nigerian people by the Federal Government.“One would have expected senators who swore to protect the Constitution to kick against the suggestion to sell the assets of the nation to a few people. But for selfish considerations a few legislators who may be queuing up to participate in the purchase of the nation’s assets are not prepared to defend the Constitution.”National President of the Committee for the Defence of Human Rights (CDHR) Malachy Ugwummadu agreed.He said according to Section 16, the “commanding height of our economy” could not be concentrated in a few hands.Kunle Ogunba (SAN) urged the government to explore other means of generating capital rather than selling national assets.He said: “What are the national assets? If there are national assets properly so-called, do you sell? It’s about sincerity of purpose. Are people clamouring for this so that they can corner it from the back within the context of our political experience? Some people will champion it and then get their cronies to buy. It might be another form of corruption to pillage the system.“If there is sincerity of purpose, are we there yet? Instead of selling assets, the government could borrow; it could diversify the economy. You have spent your reserve, and you want to sell national assets. If you sell them, what of the people coming behind? And our system is not always pure.“So, whatever it is, I don’t think I support it. I don’t know what national assets that are hidden somewhere that we do not know. I think it is diversionary.”What should be doneFormer Nigerian Bar Association (NBA) president Dr. Olisa Agbakoba (SAN) was reluctant to say whether the proposed sale was right or not.In a statement, he advised the government to carefully consider the idea and suggested two things it must do if it decided to sell assets.Agbakoba said: “I have followed with interest the debate on the propriety or otherwise of Federal Government’s proposed sale of national assets to deal with the recession. I will not make any comment on the propriety of the proposed sale.“However, I am of the view that the Federal Government needs to do two things: First, an Inventory of Financial Requirements – How much money do we need? Second, an Inventory of Need – Where do we put the money? Findings from these inventories will provide a guide for government.“I will also recommend President Obama’s approach to the American Recession. President Buhari should propose to the National Assembly a Reinvestment and Recovery Bill and an Emergency Economic Stabilisation Bill to stimulate the economy and bail out the ailing financial system.”Chief Gani Adetola-Kaseem (SAN) urged the government to sell only non-economic  assets.Adetola-Kaseem said: “When you talk of sale of assets, there are two types of assets involved: economic and non-economic assets. Economic assets are investments that are yielding income to the country; they are commercial in nature, for instance our investment in Nigerian Natural Liquefied Gas (NNLG), or the refineries.“To talk of selling that off in order to fund the economy, I think it’s myopic, because that is like selling the goose that lays the golden egg. It won’t make any sense to sell them off.“I don’t think it is correct to sell off assets that are yielding income to the country, or projecting a good image of the country.”Dr. Paul Ananaba (SAN) shared similar sentiments. He said: “I’m in support of sale of assets of the government, but not a blanket sale. The assets of the government should be appraised, those that are no longer necessary to be held by the government can be sold, balancing the need for government to play its role under the constitution, of securing life and property and the welfare of the citizens.“In some of the assets, the government needs to divest considerably  and must carry the people along as to the assets that’ll be sold, commercialised or that it wishes to divest from, in a transparent, patriotic manner that will be in the country’s best interest.“Finally, we should ensure that it is not done as perceived before i.e. merely to transfer government assets into the private hands of friends of government officials and party loyalists and all that.”
Source : The Nation