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Holden Charge: Major Cause Of Prolonged Court Cases – CJN

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The persistent use of the ‘Holden Charge’ by security agencies to detain awaiting trial suspects, is a major contributor to the high number of cases pending in our courts, the Chief Justice of Nigeria, Mariam Mukhtar, has said.

The CJN spoke Monday in Abuja, at a special session organised by the Supreme Court to mark the commencement of the 2013/2014 Legal Year.

Holden charge allows security agencies to charge suspects to court before investigations are concluded, a practice which the CJN says has caused undue delays in the criminal justice administration system of the country.

“It is common knowledge that our security agencies usually rush to the courts with suspects, before looking for evidence to prosecute them…This procedure is a far cry from what obtains in other democracies, where discrete surveillance is placed on crime suspects who are painstakingly stalked by security agents, until such a time when enough evidence would have been obtained for their arrest, arraignment and prosecution,” she said.

In addition, she expressed concern over the slow pace of administration of justice in the country.

“To exhaust complete remedy in a case, that is from trial court to Supreme Court, could take up to 20 years with the original litigants dead and substituted and in some cases the substitutes also dead and substituted,” she said.

The CJN therefore called for an overhaul of the country’s criminal laws, which she described as “archaic and culturally irrelevant.”

Also speaking at the event, the President of the Nigerian Bar Association, Okey Wali, drummed up support for the inclusion of a representative of the Nigeria Bar Association, NBA, in the National Judicial Council’s disciplinary proceedings against judges.

Wali also called for increased funding for the judiciary.

 

Issues On The Electricity privatisation

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BY EZE ONYEKPERE

Nigerians are looking forward to the promises of improvements in electric power provisioning as we move towards the eventual handover of the privatised Distribution Companies and Generating Companies to the new operators. The National Council on Privatisation has promised that the handover will be done in October 2013. Money realised from the sale of the DISCOs and GENCOs will be used to clear the full severance payment of the Power Holding Company of Nigeria workers.  With the hurdles that had bedevilled the management contract of the Transmission Company of Nigeria fully cleared and the experts in place, the expectations are hitting the roofs. Nigerians have also played their own part by not opposing the introduction of a new tariff regime under the Multi Year Tariff Order since 2012. We have been paying more in anticipation of a better tomorrow despite the fact that services have not improved.

It is imperative to recall some of the promises of the post-government ownership and management era. They include the fact that the new owners and operators will be coming in with increased technical expertise, having successfully managed similar power sector businesses in other parts of the world. Implicit in this is the expected new leadership and managerial acumen that will bring innovation, greater staff commitment and the touted efficiency of the private sector to excel where the government would normally fail.  Like the telecommunications companies, they are expected to pay very good salaries to their staff which will motivate them to excel in service delivery. The companies will bring in boundless financial capacity to invest and improve the system with new platforms for tariff collection, new equipment and accessories and eventually lead to 24 hours of electricity every day.

But there are clear challenges on the horizon. Although the new companies are coming with technical partners, most of the companies do not have any iota of experience in the management of electricity concerns. Most of them are Special Purpose Vehicles packaged for the privatisation exercise. They are coming to learn on the job. And learning on the job is a process that may take some time thereby delaying the realisation of the anticipated benefits. The second is that the financial capacity to turn around the fortunes of the privatised companies seems to be in doubt if the first test these companies faced is anything to go by. Virtually, all the companies borrowed to pay the cost of acquisition. Even the last company to pay found it difficult to raise the money. The fact of borrowing does not seem to support the idea of financial capacity in these takeover companies unless we interpret financial capacity to mean the credit worthiness to borrow. It is admitted that a company needs to be credit worthy to be in business; even if that becomes the meaning of financial capacity, one would have expected the companies to come forward with a substantial part of the funds, say 50 per cent of the funding like Alhaji Aliko Dangote did in his new refinery project while the rest comes from financial institutions.

However, the cost of paying for the takeover is infinitesimal compared to the finances required to be invested to turn around the technical and operational components of the DISCOs and GENCOs. The companies will require more than 10 times the amounts they have so far paid to government to make any meaningful impact in improving electricity supply. So, where would they raise the money from? I assume they will all go back to the financial and capital markets. This recourse to borrowing to finance everything, it must be emphasised, has obvious implications. For every kobo borrowed comes with its interest and service charges which will then become part of the cost of electricity provisioning and this will be passed onto the consumer at the end of the day in the form of tariffs. In the prevailing high interest regime, this is not good news and will lead to requests for a tariff hike in the next couple of months.

It is in the interest of the new owners to explore the model of raising equity by opening up their companies to public ownership so that Nigerians who have the resources will be free to invest and provide them with long term funds that will not attract interests and service charges but only attract dividends when profits are declared. In this way, the cost of borrowed funds as a component of overall costs will reduce and give the management enough peace of mind to concentrate on improvements to service delivery.

Another important issue is the need for the Nigerian Electricity Regulatory Commission not to remove its eye from the ball. Private sector operatives are adept at cutting corners based on the profit motive. The experience of Nigerians with the regulation of the telecommunications sector is still a virtual disaster. The regulator has been more concerned with the profits of the operators to the detriment of customers enjoying value for money. The electricity market is even a bigger and more lucrative market. One can make a decision not to use a cellular phone but I doubt if anyone can avoid electricity. So, the stakes and the profits will be higher, hence the need to rein in individual and corporate greed. Regulation must therefore be very scrupulous and meticulous to balance the interests of all stakeholders.

One sore issue is still outstanding. In many parts of Nigeria, especially in the South-East zone, communities mobilised and raised funds running into tens of millions of naira to bring electricity to their communities. Launchings were held, levies were imposed on both the old and the young and age grades went about collecting these levies from community members at the pain of punishment. Individuals who had a large heart contributed as they deemed fit. The writer is from one of these communities and made his own contribution to one of such projects. All the contributions were done in the spirit of service to the community and community ownership of the electricity assets. And if the government and its electricity corporation had been alive to their responsibilities, the communities would not need to task themselves. So, all these community assets have become part of the property of the owners of the new DISCOs! Can someone tell me it is not true? It is my submission that these communities need to be compensated by government because the NCP could not have transferred title to a property or assets it did not own in the first place. In law, you can only transfer what belongs to you or what you have a legal title over.

Finally, Nigerians should know that the new companies will not enjoy immunity from suit and legal process in the event they cause harm or inflict damages on electricity consumers. The full weight of the law is available to descend on them. So, let no one shy away from using the legal system to hold them accountable. Consumers will pay their bills and in return they expect good service that will not expose anyone to bodily harm or damages to property.

•Follow me on twitter @censoj

Kenya Claims Upper Hand Over Mall Terrorists

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Local media in Kenya reported Monday night that there was a possibility all hostages held by terrorists in the Nairobi shopping mall have been freed, even as the police were doing a final sweep of shops early on Tuesday.

An overnight silence outside the large, upmarket Westgate mall was broken at daybreak with a loud burst of gunfire from inside, suggesting the complex had not yet been fully secured. A lone military chopper circled above.

The Kenyan government has repeatedly assured citizens that it had the situation under control.

“Our forces are combing the mall floor by floor looking for anyone left behind. We believe all hostages have been released,” the Ministry of Interior said on Twitter early on Tuesday, adding his forces were “in control” of the building.

Interior Minister Joseph Ole Lenku, told the press that three militants died and more hostages were freed in the efforts to end the ongoing siege waged since Saturday by al-Shabab, a Somali group with ties to Al Qaeda.

For more than two days, Kenyan forces have struggled to vanquish the militants, who, after killing about 68 shoppers, holed up in various corners of the mall with military-grade weaponry.

Hundreds of the best of Kenyan troops, backed by armored personnel carriers, helicopters, planes and security officials from Israel, France, Britain and the United States, were deployed to the scene, but the militants, estimated to number from 10 to 15, refused to surrender.

Lenku said evacuation of hostages has gone “very, very well” and that Kenyan officials are “very certain” that there are few if any hostages left in the building as the number of hostages trapped remains unknown.

Meanwhile, U.S. authorities are urgently looking into information from the Kenyan government that residents of Western countries, including the United States, may have been among the militants.

“We do monitor very carefully and have for some time been concerned about efforts by al-Shabab to recruit Americans or U.S. persons to come to Somalia,” White House deputy national security adviser, Ben Rhodes said.

 

Benue State Owes Retirees N7.4 billion

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Retired civil Servants in Benue State have an outstanding gratuity worth N7.4 billion owed them by the state government.

The Head of Service, Terna Ahua, who disclosed this to newsmen in Makurdi, said that the debts dated back to 1995.

He said that the amount represented unpaid gratuities, owed either to retired civil servants or their next of kin.

Ahua said that it was unfortunate that during the military era, many public servants were relieved of their jobs, even when there were no resources to settle their benefits.

“Ever since, the debt stock has continued to grow, with little attention being paid to it by successive administrations,” he said.

The head of service said that the implementation of the new minimum wage in the state had also compounded the problems “since civil servants now retire with enhanced benefits”.


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“As at June 2013, the backlog of unpaid gratuities stood at a staggering sum of N7, 403,108,037.94,” he said.

Pointing out that the state government spent N245 million monthly on the payment of pensions, Ahua
disclosed that the state government was exploring the possibility of implementing the contributory pension scheme as one of the ways of addressing the problem in the future.

Zamfara Begs For More FG Troops To Tackle Insecurity

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Governor of Zamfara State, Abdulazez Yari, has urged the federal government to send more troops to the state to ensure the security of lives and property, saying 160 people had been killed and another 10 abducted by gunmen in the last three months.

Yari made the appeal when he addressed members of the House Assembly in Gusau, on the security situation of the state.

He said the hoodlums, who continued to terrorise villages in parts of the state, stole no fewer than 6,000 cows and 4,000 sheep within the period.

The governor said the situation had caused disaffection between residents of the affected villages and the state government which has already committed a lot of its scarce resources on security issues.

The Speaker of the House, Sanusi Rikijin, assured the governor of the assembly’s support,

“We will consult with other state houses of assembly and the National Assembly to ensure justice, equity and fair play in the country,” Rikijin said.

 

Benue Govt Shuts Down Three Tertiary Institutions

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The Benue commissioner for education, Elizabeth Ugo, announced on Monday that the state government had closed down three colleges of education for poor staffing and infrastructure.

Ugo made the announcement in Makurdi at a news conference on the activities of the ministry.

She named the colleges as Emmanuel Ebije Ikwe College of Education, Otukpa, Ityiav-Gar College of Education, Mkar and Malamin College of Education, Gboko.

The commissioner regretted that the schools were being managed solely for commercial gain.

Ugo said that the standard of the colleges had fallen below the expectations of the National Commission for Colleges of Education, NCCE.

She added that the closure of the schools was to ensure that tertiary institutions in the state complied with the minimum requirements of the NCCE.

Ugo, however, disclosed that the commission granted approval to seven other Colleges of Education at Oju, Katsina-Ala, Aidogodo, Otukpo, Adoka, Naka and Luga.

She said that provisional approval was given to two colleges of education at Lessel and Aliade in the Ushongo and Gwer Local Government Areas of the state.

The commissioner said that the ministry was determined to deal with examination malpractices to restore the fallen standard of education in the state.

She said that the ministry was also collaborating with law enforcement agencies to deal with the malpractices.

Ugo warned that examination centres involved in examination malpractices would be dealt with.

She said that a committee had been inaugurated to oversee the conduct of examinations in the state and to ensure compliance with policies of government.

The commissioner said that the state government had provided infrastructure in several schools to create conducive environment for both teaching and learning.

 

 

Ex-Commissioner Says The Police Wants To Torture, Humiliate Him

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The Anambra Commissioner for Special Duties, Vincent Ezenwajiaku, declared wanted by the Nigeria Police for fraud said he refused to honour the invitation of the Special Fraud Unit SFU for fear of being tortured.

Ezenwajiaku was accused of defrauding one Chuks Mgbemena of the sum of N10 million using an inexistent company.

The SFU of Nigerian Police in Lagos declared him wanted on September18 for refusing to honour its invitation.

The commissioner told newsmen in Awka on Monday that the fraud unit and the complainant, Mgbemena, were not after the money owed them.

“They want to arrest, detain and torture me and if possible maim me for life as a way of humiliating me,” he alleged, while restating that he only owed N6.5 million.

He reiterated that there was no truth in the report that he defrauded Mgbemena using an inexistent company.

The commissioner said Mgbemena ran the necessary checks on the company and found it to be duly registered before making the payment of a total sum of N8.2 million.

“The amount was for the acquisition of 34 per cent share in the company which he paid within three years. The allegation against me that I duped him with an inexistent company is not true. It is sheer fabrication and falsehood,” he said.

He reiterated that the company was duly registered with the Corporate Affairs Commission with registration number RC 278625 by a law firm A.C. Ezenduka and Co. in 1995.

“The certificate of incorporation is there and the law firm is still in existence till date,” he added.

The Commissioner said that the disputed company, Bio Plastic Manufacturing Limited, was a member of the Manufacturers Association of Nigeria, MAN, while it existed.

He said that he had instituted a libel suit against the SFU and Mgbemena demanding  N250 million for alleged defamation of his character.

It would be recalled that Ezenwajiaku was appointed commissioner in June 2012.

 

Iran, Russia, To Build Nuclear Plant

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Iran and Russia have agreed to build a new nuclear power plant, Press TV reported on Monday.

The agreement was reached in a recent Iran-Russia Joint Economic Commission, the head of the Atomic Energy Organisation of Iran, Ali-Akbar Salehi, was quoted as saying.

Iran takes the control of the 1,000-megawatt Bushehr nuclear power plant for a temporary period of two years.

Salehi said on Sunday that Iranians will fully take over the plant after the temporary period, according to Press TV.

The power station became officially operational and was connected to Iran’s national grid in September 2011, generating electricity at 40 per cent capacity.

The plant reached its maximum power generation capacity in August 2012.

On Monday, Salehi expressed hope that the construction of the second unit of the Bushehr nuclear power plant would get underway in the near future.

Earlier in September, Russian Ambassador to Iran Levan Dzhagaryan said that Moscow was ready to increase its nuclear cooperation with Tehran even after the country takes full control of the Russian-built Bushehr nuclear power plant.

Also, Salehi had said earlier that Iran hoped Russia could participate in constructing the second unit of the Bushehr nuclear plant.

According to the Iranian official, the capacity of the second unit of the nuclear power plant will add another 4,000 megawatt to the current 1,000-megawatt capacity.


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Russia’s state atomic agency Rosatom said that it was ready to help Iran build another unit at the Bushehr plant.

Construction of the Bushehr plant was started in 1975 by several German companies.

However, the work halted when the U.S. imposed an embargo on hi-tech supplies to Iran after the 1979 revolution.

Russia signed a contract with Iran to complete the construction in 1998.

Kenya’s Forces Mounts Presence To Free Hostages, As Death Toll Hits 68

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Four large blasts rocked Kenya’s Westgate Mall on Monday, sending large plumes of smoke over an upscale suburb as Kenyan military forces sought to rescue an unknown number of hostages held by al-Qaida-linked militants.

The explosions were followed by volleys of gunfire, then a thick, dark column of smoke. Military and police helicopters and one plane circled over the Nairobi mall, giving the upscale Westlands neighborhood the feel of a war zone.

Security forces’ efforts the previous day to rescue the unknown number of hostages inside failed despite the military announcing that “most” hostages had been saved.

Kenyan officials have said preserving the hostages’ lives is a top priority, greatly complicating the rescue effort.

Kenyans and foreigners were among the 68 persons confirmed dead by the country’s Red Cross, including British, French, Canadians, Indians, a Ghanaian, a South African and a Chinese woman. The UK Foreign Office said Monday it has confirmed the deaths of four British nationals.

Two al-Shabab fighters have also been killed in the ongoing military raid to end the standoff and more than 175 people were injured, including many children, Kenyan officials said.

From neighboring Somalia, Sheik Ali Mohamud Rage, spokesman for al-Shabab, the militant group that claimed responsibility for the attack, said in an audio file posted on a website that the hostage takers had been ordered to “take punitive action against the hostages” if force was used to try to rescue them.

Military helicopters circled over the mall at daybreak Monday, when about five minutes of sustained gunfire broke out inside the mall, a clear indication that at least one of the estimated 10 to 15 gunmen who attacked the mall when it was filled with shoppers Saturday was still on the loose. A military ambulance then sped away from the scene.

A person with knowledge of the rescue operation told AP that no hostages had been released or rescued overnight Sunday. The person insisted on anonymity in order to talk about the rescue response.

At the Oshwal Centre next to the mall, the Red Cross was using a squat concrete structure that houses a Hindu temple as a triage center. Medical workers attended to at least two wounded Kenyan soldiers there on Monday.

Al-Shabab militants reacted angrily on Sunday to the helicopters hovering over the mall, and warned on Twitter that the Kenyan military action was endangering hostages.

A large military assault began on the mall shortly before sundown on Sunday, with one helicopter skimming very close to the roof of the shopping complex as a loud explosion rang out, far larger than any previous grenade blast or gunfire volley.

As the crisis surpassed the 48-hour mark, video taken by someone inside the mall’s main department store when the assault began emerged. The video showed frightened and unsure shoppers crouching and loud volleys of gunfire could be heard.

The terrorists stormed the mall on Saturday from two sides, throwing grenades and firing on civilians.

Kenya’s Cabinet Secretary for Interior, Ole Lenku, told a news conference on Monday:
“We don’t want to give you a definitive position on when we think the process will come to an end, but we are doing anything reasonably possible, cautiously though, to bring this process to an end”.

Al-Shabab said the attack, targeting non-Muslims, was in retribution for Kenyan forces’ 2011 push into neighboring Somalia.