Socio-Economic Right and Accountability Project (SERAP), Campaign for Democracy, (CD) and human rights lawyer, Femi Falana, SAN have all berated the National Assembly for injecting N578 billion constituency projects into the 2018 budget. KEHINDE OSASONA asks lawyers the propriety or otherwise of the lawmakers’ action
The Constitution empowers NASS but … – Marho
The question is; does NASS have the constitutional powers to review the budget? The answer is yes, they have the right. Then on the issue of you saying whether or not they have the right to inject constituency projects; is there provision for constituency projects as part of allocations accruing to the National Assembly? That is another question altogether that we need to answer also when analysing this issue. However, I would not want a situation whereby in the course of your constituency projects, something that is of national interest would now be relegated to the background just because of selfish or personal interest. I will not subscribe to that. Truth is; they have power to review the budget, but issue of saying they have power to add is debatable. They can either say they are cutting cost but adding is something else. You do not tell the executive what to add; you can only make recommendation. My take in this whole thing is that;
You are not supposed to add what was not there because if NASS had presented its own to the executive, they would have incorporated it before no. So, if it is not there, why not write a memo, let them include all those things and let them bring it back to the House for easy passage rather than putting it yourself. That is my gr0ouse in the whole thing.
Yes, you can review or raise query safety areas; that is how it is supposed to be in law before the budget is passed. As it were, NASS action was more like ambushing or modifying what was not in the original package. No matter what, distortion would have taken place. Do you now see where I am trying to suspect foul play now.
Again, on the constituency projects, let us ask ourselves, the money that has been awarded for constituency projects over the years, has it been utilised? It is only when you can justify the reason why you are collected the previous ones that they give you the current one. How many of them can justify it? Go and check out some of their constituency offices, some do not even have constituency office not to talk of going there or carrying out projects, so what are we saying?
If not that the constitutional requirement for recall is not being invoked or activated, a lot these things would have been sorted out a long time ago. Note that also, when you talk of constituency projects, certain projects are supposed to be done by the federal government and vice versa. Not until we identified that, we would continue to have clash of interest between the two arms of government.
You cannot expect a Senator to come and perform the function of a state governor or the State governors performing task belonging to the federal government. So, we cannot just argue one-sided, in my own estimation, these are the indices.
Regular interface between Executive, legislative, way out – Reuben Emmanuel
Well, if you try to find out why over N500 billion was injected into the budget, you would realise that there are things which the legislatures or even the President is allowed to do which depends largely on urgency and how important.
The federal system of government does not ascribe power unduly to the President without due consultation with the legislative arm and other stakeholders, especially on issue of national interest, just as the lawmakers are not supposed to arrogate power to themselves unduly. So, it is quite unfortunate that we are experiencing this at a time like this but, I think there is a way to go about it. I personally feel that the President and NASS must interface more often as a way of guiding against clash of interest of this nature between the two arms of government.
However, this is not to say that excesses of each arms of government should not be checked if they fail to discharge their duties as enshrined in the constitution. I also think that the public should also be aware of some of these things as they unfold. On their part too, they are entitled to speak up on any issue they considered of paramount interest or importance.
Our laws needs radical reform – Demola Obayomi
First and foremost, we need to look at the framework in which the National Assembly operated. Some of these things have been built into the system. In other words, you would find out that there is an enabling law empowering some of these maladies, and because those laws are still there and have not been tampered with technically, you cannot really fault them.
However, when you bring it to the level of morality, in a country where you have many people that are homeless and even several people that cannot even afford three square meals in a day, then definitely having such an amount built into the budget by NASS, in which many of us know of course it’s never going to be spent judiciously in the interest of the people, then it is definitely inappropriate.
If you look at it technically from the point of view of the law, they will argue that yes, what we have done is allowed within the law. But then like I said, if you put human face into it, you would discover that it is totally wrong. So, until we go back and change our laws radically, I think we have a long way to go.
N578bn inclusion cannot stand if … – Chris Onwuekwe
National Assembly’s powers are clearly spelt out in the constitution. So, if the constitution empowers them to modify the budget to suit the overriding public interest, I think they are in order, I mean if considering the fact that they have various committee including the Appropriation Committee, then I strongly believe that they must have taken a holistic review of the budget and deemed it necessary to touch the budget a bit to suit the public interest.
The budget was sent for approval in the first place because it is within their jurisdictional responsibility to do so. But if in the course of doing that, they go outside their constitutional power, I do not think that inclusion or whatever can stand under the law.
So, if what they did is in line with the provision of the law, then I see no reason why they cannot do it.
Act of illegality, gross violation of the Constitution – Uche Ndubuisi
Section 81 sub-section 4 of the Constitution states the procedure before Presidential Assent would be appended. In this case, the question to ask is; the amount appropriated, was there any particular provision for Constituency project in the 2018 appropriation Act? If yes, was the amount sufficient?
Either way you look at it, it is a gross violation of the Constitution, an illegality and null and void to have tampered with that budget.
The ‘Torture Convention’ and matters arising
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, recently declared that right to freedom from torture in the country is non-negotiable. This is against the backdrop of the commemoration of the 2018 UN International Day Against Torture in Nigeria- In support of Victims of Torture and the United Nations Convention against Torture (UNCAT) treaty, signed by Nigeria in 1988 and ratified in 2011. KEHINDE OSASONA writes
Despite Section 34(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which specifically prohibits torture and inhuman or degrading treatment, and the new Anti-Torture Act 2017 (ATA), based on events unfolding, the police and other security agencies in the country may still be somewhat unperturbed about torturing.
Some have argued that there were no specific laws in Nigeria, against torture before the ATA, except for the Constitution which they say is not explicit. However, Nigeria signed (1998) and ratified (2001), the 1984 United Nations Convention Against Torture and Other Cruel, Inhuman Degrading Treatment or Punishment (UNCAT), which seeks to prevent torture and other acts of cruelty throughout the world. Nigeria has also ratified OPCAT, which is the Optional Protocol to UNCAT.
Nigeria is a signatory to the UNCAT. The Convention Against Torture and other cruel, inhuman or degrading treatment or punishment (‘The Torture Convention’), was adopted by the General Assembly of the United Nations in 1984, (Resolution 39/46), and it entered into force in 1987 after it had been ratified by 20 states.
There are indications in some quarters that violations of the rights to freedom from torture, inhuman treatments, degrading treatment and punishment which have loomed over the years, still remained one of the highest recorded violations against law enforcement agents in the country.
CJN’s concern
Worried by the spate of tortures and inhuman treatments in the country, the Chief Justice of Nigeria, Walter Onnoghen, recently described as worrisome and frightening spate of police brutality, tortures and in-ordinate arrest in the country.
Consequently, he has directed that Chief Magistrates should periodically inspect police stations and other detention centres in their domains, to curb growing level of citizen maltreatment by police and other security agencies.
According to Onnoghen, the “frightening proportions” of “horrific incidents of police brutality, inordinate arrest, detention and extortion of innocent Nigerians by officers across the country” in recent time was unacceptable.
The CJN was quoted as saying that he had received “several complaints of the horrific incidents of police brutality, inordinate arrest, detention and extortion of innocent Nigerians by officers across the country”.
Onnoghen’s directive was contained in a statement titled: ‘Practice Direction on the Role of Magistrates in Curbing Police Brutality’ issued in line with the provisions of the Administration of Criminal Justice Act. It was issued by his Special Assistant on Media, Awassam Bassey.
The directive is expected to be conveyed to the Chief Magistrates through their respective Chief Judges in the 36 states and the Federal Capital Territory, Abuja.
He said: “The Chief Judge of every state of the nation, including the Federal Capital Territory, shall direct Chief Magistrates, and, where there is no Chief Magistrate within the Police Division, designate any Magistrate for that purpose, to, at least, every month, conduct an inspection of police stations or other places of detention within his territorial jurisdiction other than prison.
“The Chief Judge of every state of the nation, including the Federal Capital Territory, shall put in place appropriate mechanisms to ensure compliance with the above provisions of the Administration of Criminal Justice Act.”
…FG too
In 2017, torture was declared a clear assault on the inherent dignity and fundamental freedoms of the human person, dehumanising and has been criminalised with the enactment of the Anti- Torture Act 2017.
Not only that, President Muhammadu Buhari administration, after signing it into law that prescribes penalties for such acts and for related matters in furtherance of its commitment to the promotion and protection of the Fundamental Human Rights of all Nigerians, as enshrined in the 1999 Constitution and Nigeria’s International Human Rights Treaty obligations.
Section 34(1) of the 1999 Constitution, as amended, prohibits the infliction of torture, servitude, degrading treatments and forced or compulsory labour.
Additionally, Articles 5 and 6 of the African Charter on Human and Peoples Rights, the Universal Declaration of Human Rights (UDHR) also prohibit the use of Torture.
AGF and the implementation of the IRR
After intense deliberations by all stakeholders’, the Implementation Rules and Regulations have been drafted in a simple appreciation of the Act. Also, key provisions have been repeated and clarified as a way of demonstrating the present administration commitment in ensuring that acts of torture are identified and penalised wherever and whenever they occur.
Section 12 of the Act further states that, the Attorney –General of the Federation shall, with the approval of the President, makes Rules and Regulations for the effective implementation of the Implementing Rules and Regulations (IRR)Act.
To this , Malami was quoted as saying “my office has adopted a consultative and inclusive process towards achieving the implementation of the Act. I therefore invite all stakeholders, particularly Civil Society Organisations, Human Rights NGOs and Nigerian Bar Association to participate actively in the public consultations process of the IRR as a way of reflecting the inputs of all concerned.
“I am pleased to announce that we have draft guidelines for the implementation of the Act. I should say that this is a consultative draft. The final product should be the outcome of a consultative and inclusive process,” he added
NHRC’s stance
Over the years, National Human Rights Commission’s outcry about torture has raised so much concern across the country. According to NHRC Executive Secretary, Tony Ojukwu, the commission’s action was in response to complaints received from members of the public against operations of security agents in the country.
He said: “over the years, the violation of the rights to freedom from torture, inhuman or degrading treatment or punishment has remained one of the highest recorded violations against Law Enforcement Agents.
“In response to complaints received by NHCR from members of the public against operations of SARs; the commission has begun some interventions via visitations and fact-finding visits to SARs detention facilities across the country and public hearings and interface on operations of SARs in the country.”
Explaining further, Malami said: “Without doubt, it is crucial to improve public awareness about the Anti- Torture Act, scale up measures to curb torture as well as increase access to redress –seeking channels where fear of torture or actual torture occurs.
“Victims of torture are therefore encouraged to take advantage of the free services of the commission to redress incidents of torture as well as other human rights infractions,” Ojukwu remarks.
It is expected that this will tremendously reduced the activities of SARs and redress some injustices within the nation’s justice system.
