Thursday, February 19, 2015
Close-up pic of stab wound sustained by Channels TV reporter
Here is a close-up of the wound sustained by Channels TV reporter Charles Eruka, who was stabbed by hoodlums at the APC rally in Okrika, Rivers state on Tuesday February 17th.
Jega: I can’t guarantee polls’ll hold on March 28
The Chairman of the Independent National
Electoral Commission, Prof Attahiru Jega, on Wednesday, reiterated his
preparedness to conduct the general elections as scheduled but
maintained that only the military could guarantee the sanctity of the
March 28 and April 11 dates. Jega, who appeared
before the Senate to explain the level of INEC’s preparedness for the
elections, however, stunned many of the lawmakers when he revealed that
one million Permanent Voter Cards had yet to be received by the
commission from the manufacturers.
The Senators had thoroughly grilled him after he made about three-hour presentation and demonstrated how the card readers work.
Responding to a question by the Minority
Leader, Senator George Akume, to give a clear assurance on the dates,
Jega replied, “I think it is a very difficult question to answer.
“I have said consistently that there are
things under the control of electoral commission and there are things
that are not under the control of electoral commission. For things that
are under our control, I can give definite and categorical assurances.
“On what is not under our control, it is
futile, it is fruitless and useless to give a definite guarantee on
them. I think that question should be directed appropriately. The
questions of security, I will leave it, I don’t think I am competent to
answer it sufficiently.”
Asked how he would respond if the security agencies requested a further delay, Jega said doing so would be illegal.
He then made reference to a
constitutional provision that requires elections to be concluded at
least 30 days before May 29, when a new government must be sworn in.
“Every Nigerian knows we want elections
to hold… within a constitutional time frame. The security agencies are
(made up of) patriotic Nigerians. Let’s give them the benefit of the
doubt,” he told the senators.
He added, “We should be fair also to the
military. Soldiers are also patriotic Nigerians. I don’t see how
anybody will contemplate any extension beyond these six weeks.
“There is no constitutional grounds upon
which you can do that. For us, we work by the constitution, by the law .
That is what is guiding us and we should all put the interest of the
nation at heart.
“The human factor is always significant,
it is always important but we believe that working together with
security and other stakeholders, we should be able to prevent negative
human intervention that can create problems.
“I kept saying consistently that INEC is
not a security organisation. We are an election management body; so we
rely a lot on security to be able to ensure that things are done well
and that there is no disruption of the electoral process.
“We have been working very closely with
the inter agencies consultative committee on election security and that
is why for us, if the service chiefs say that we can’t guarantee
security, give us more time, what is the alternative security
arrangements ?
“If we consulted with the stakeholders
and we cannot find an answer, what happens? We are going to use close to
700, 000 ad hoc staff. We can’t send people to the field in that kind
of a situation.
“Our prayer is that in the next six
weeks, there will be significant improvement in the security situation
for us to hold the elections all over this country in a very secure
environment.
“There are certain questions that we are
not really competent to answer. Certain questions should be directed to
the military; they can answer them better.”
The INEC boss expressed confidence in the
effectiveness of the card readers, stressing that their use for
accreditation during the elections would not contravene any provision
either in the electoral act or in the constitution.
He also said that anyone who clones and tries to prevent the use of the card readers would be treated as a criminal.
Jega said, “We have done the
functionality and durability tests on the card readers with a local
partner, with their technical partner in Texas in the United States.
There were 13 specific tests that were done about their functionality,
durability and versatility. The card readers passed all the tests.
“We have done some few tests and the
result we have is about 90 per cent successful. We feel comfortable that
the card readers can be used. They will add value to the electoral
process.
“It cannot be 100 per cent perfect. It
may not be able to read every finger and that is why we agree with
political parties. We bought 182, 000 card readers. Some of them did not
work.
“Of the total number of card readers that
we ordered and configured, only 503 had failed to work. That is 0.03
per cent of the total. The agreement is that if a card reader fails
during accreditation, then, we will try and repair it within the time of
accreditation which is between 8am and 1pm.
“If a card reader fails around 10am ,
before 1pm, we will do everything possible to replace it but if we are
unable to do so, the time lost will be added to the accreditation period
and extended.”
On the high rate of PVC collection in
three states under emergency rule in the North-East, Jega wondered why
Nigerians were heaping the blame on INEC.
He said, “Why should anyone blame INEC
for that? There is a need for us to have clarity on this matter. In Yobe
State, only two local government areas are under emergency rule and the
state is among the second phase in the distribution of the PVCs.
“In the state and about 11 others, we
distributed cards as far back as July 2014. So if the rate of collection
is very high, I don’t see why that should be seen as a problem. In
Adamawa State, only four LGAs are inaccessible and we deviced a system
where PVCs were distributed to Internally Displaced Persons.
“So, as many as had been displaced but
who had registered have been able to collect their cards. But when you
look at the way newspapers do their analysis, they tend to project it as
if there is regional slant in the distribution of the cards.
“When we designed the distribution of
cards, we did it in such a manner that we took two states each from each
geo – political zone to make a phase and we did it in three phases just
to avoid being accused of having regional slant in the distribution of
the PVCs.
“It will be wrong to assume that Yobe
State or any other state has higher rate of collection. If people come
out to collect and others did not , why should INEC be blamed for
that.
Jega, who said there was no case in
court that was capable of preventing INEC from holding the elections
as scheduled, added, ‘‘As I speak to you, 800,000 to one million cards
are yet to be produced.’’
He however gave assurance that the PVCs would be produced and delivered to their owners before the days of the elections.
The INEC boss described the purchase of PVCs by some people, especially politicians, as a criminal offence .
He said, “If we have information on
criminal purchase or cloning of the cards, we will invite the security
to investigate. People can clone our cards but if they are not issued by
INEC, then they would not be read by our own card readers.
“The PVC carries the information of the
voter which is in our database. We refrain from using the card readers
for voting because the constitution is against it. We have cases where
corps members were forced to alter accreditation figure but now if the
number of the votes cast is different from the number accredited, the
entire result of the polling units will be cancelled.
Jega said that if security would be guaranteed in IDPs’ camps, INEC could make arrangements to take care of them.
He said, “There is an online system where
people can find out details of their registration. Ghana used card
readers and it was relatively successful. Likelihood of card reader’s
failure is very remote.
“Its usage will not violate either the
electoral act or the constitution. There is difference between voting
and voting process. We are well advised we are on solid legal standing
on the issue.”
He added that INEC did not ask for card
reader usage in the Electoral Act because it was not necessary since the
existing law guarantees the arrangement.
He said the PVCs would be permanent
because it could last for 10 years, adding that “by 2019 we hope that
the National Identity Card project would have materialised so that INEC
could draw out the data of people of voter age from the NIMC database.”
Jega added, “Whereas section 52 of the
Electoral Act prohibits the use of electronic voting, the card reader
is not a voting machine and it is not used for voting, it is merely an
electronic device introduced to improve the integrity of the voting;
process.
“It should be remembered that sections 78
and 118 of the 1999 constitution grant INEC powers to register voters
and to conduct elections in Nigeria. Using the card reader has enormous
advantages; first, once it is configured, it can only read PVC issued
by INEC at the polling unit that it has been configured. Second, it
reads the embedded chip card not the back code.
“Third it enables authentication of the
identity of the voter by matching his or her fingerprint with the code
on the chip of the card. Four, it keeps a tally of all cards read and
all cards verified or authenticated with all their details, including
the time when this was done.”
The demonstration of the card readers on
the floor of the Senate was commended by Senators Bukola Saraki and Ita
Enang, who said the development had shown that INEC was fully prepared
for the polls.
Senate President, David Mark, in his
closing remarks said the Senate had confidence in the ability of the
electoral umpire to conduct free, fair and credible elections.
He, however, urged the management of the
commission to feel free to contact the leadership of the National
Assembly for any assistance that would make the elections a huge
success.
Actress Mercy Aigbe-Gentry and hubby loved up in new photo
The actress shared the photo on instagram of herself and husband Lanre Gentry and wrote "The love of my life.....".
See the Boko Haram armoured tank captured by Nigeria troops in Michika
This tank was captured from Boko Haram militants by Nigerian troops in Michika, Adamawa state after a tactical operation recently.
Tuesday, February 17, 2015
Obama’s order to stop deportations blocked by judge
A United
States federal judge has temporarily blocked President Barack Obama’s
executive action to spare a range of undocumented immigrants from being
deported.
US
District Judge Andrew Hanen’s decision on Monday gave a coalition of 26
states time to pursue a lawsuit that aims to permanently stop orders
allowing as many as five million immigrants to stay in the US.
The
federal government is expected to appeal the ruling to the 5th US
Circuit Court of Appeals in New Orleans, but the Justice Department had
no immediate comment late on Monday night.
Hanen’s
decision will not have any immediate effect because the first of Obama’s
orders – to expand a programme that protects young immigrants from
deportation if they were brought to the US illegally as children – is
not set to start taking effect until February 18.
The other
major part of Obama’s order, which extends deportation protections to
parents of US citizens and permanent residents who have been in the
country for some years, is not expected to begin until May 19.
In a 2013
ruling in a separate case, Hanen suggested the Homeland Security
Department should be arresting parents living in the US illegally who
induce their children to cross the border illegally.
Cameroon army kills 86 Boko Haram militants
Cameroon’s army says it has killed 86 Boko Haram militants and
detained 1,000 people suspected of links to the Islamist group, as
central African leaders held talks on how to combat its bloody
insurgency.
Five Cameroonian soldiers were also killed during the clashes in the Waza region near the border with Nigeria, defence ministry spokesman Didier Badjeck said Monday.
Nigeria-based Boko Haram has widened its attacks into neighbouring nations, notably Cameroon and Chad, in a conflict estimated to have claimed a total 13,000 lives since 2009.
Representatives of 10 nations, meeting in the Cameroonian capital Yaounde on Monday under the aegis of the Economic Community of Central African States (ECCAS), urged the international community to provide more support in the fightback against the Islamists.
“We have to eradicate Boko Haram,” said Cameroon’s President Paul Biya, as attendees pledged to create a 76-million-euro ($86-million) fund to fight the group.
Biya declared that Boko Haram’s utter disregard for human dignity meant “a total impossibility of compromise”, but added that the fight against terrorism was not a “crusade against Islam”.
Nigeria, where elections have been postponed by six weeks until late March because of Boko Haram activity in swathes of the northeast, was absent from the talks as it is not an ECCAS member.
The aim of Monday’s discussion was to come up with “an agreed solution” on the fight against the extremists, a source close to the Cameroonian government told AFP.
Chad, Cameroon, Niger and Nigeria have formed a military alliance to combat the notoriously brutal militants, who are fighting to create a hardline Islamic state.
A Cameroonian army official announced that more than 1,000 people suspected of being affiliated with Boko Haram were being held in the town of Maroua, in the country’s Far North region, where more than 2,000 Cameroonian soldiers have been deployed since August last year.
“At the moment, the prison of Maroua is holding more than 1,000 Boko Haram (suspects),” said Colonel Joseph Nouma, commander of a local operation to combat the Islamist militants.
The detentions came as police in Niger said they had arrested more than 160 people suspected of having links to Boko Haram in the country’s Diffa region, a border area with Nigeria which was attacked by the Islamist group this month.
Five Cameroonian soldiers were also killed during the clashes in the Waza region near the border with Nigeria, defence ministry spokesman Didier Badjeck said Monday.
Nigeria-based Boko Haram has widened its attacks into neighbouring nations, notably Cameroon and Chad, in a conflict estimated to have claimed a total 13,000 lives since 2009.
Representatives of 10 nations, meeting in the Cameroonian capital Yaounde on Monday under the aegis of the Economic Community of Central African States (ECCAS), urged the international community to provide more support in the fightback against the Islamists.
“We have to eradicate Boko Haram,” said Cameroon’s President Paul Biya, as attendees pledged to create a 76-million-euro ($86-million) fund to fight the group.
Biya declared that Boko Haram’s utter disregard for human dignity meant “a total impossibility of compromise”, but added that the fight against terrorism was not a “crusade against Islam”.
Nigeria, where elections have been postponed by six weeks until late March because of Boko Haram activity in swathes of the northeast, was absent from the talks as it is not an ECCAS member.
The aim of Monday’s discussion was to come up with “an agreed solution” on the fight against the extremists, a source close to the Cameroonian government told AFP.
Chad, Cameroon, Niger and Nigeria have formed a military alliance to combat the notoriously brutal militants, who are fighting to create a hardline Islamic state.
A Cameroonian army official announced that more than 1,000 people suspected of being affiliated with Boko Haram were being held in the town of Maroua, in the country’s Far North region, where more than 2,000 Cameroonian soldiers have been deployed since August last year.
“At the moment, the prison of Maroua is holding more than 1,000 Boko Haram (suspects),” said Colonel Joseph Nouma, commander of a local operation to combat the Islamist militants.
The detentions came as police in Niger said they had arrested more than 160 people suspected of having links to Boko Haram in the country’s Diffa region, a border area with Nigeria which was attacked by the Islamist group this month.
I’ll flee Nigeria if APC wins —Bode George
Former
President Olusegun Obasanjo says President Goodluck Jonathan plans to
perpetuate himself in government like the former President of Cote
d’Ivoire, Laurent Gbagbo. What do you think of this comment?
He (Obasanjo) says he is a Christian and
as a Christian, it is emphasised in the New Testament of the Bible
where Christ said judge not so that you will not be judged. But his
judgment is no longer about the policies of Jonathan. He has gone down
to the extent of saying Maj. Gen. Muhammadu Buhari (retd.) will jail you
(Jonathan), that is why you are afraid. I am holding my breath because
in an African setting, you talk to elders with respect and that is why I
am trying to get the right words to describe my feelings. Baba
(Obasanjo) is not a young man. He was Head of State at 39. So averagely,
he should be about 84 or 85 and I am requesting that he should
graciously fade away into the midnight. In the Bible, Romans chapter 13
states clearly that we should pray for those in authority. It says pray
for your leaders so that they don’t run aground. So, to me that is my
own interpretation. If baba (Obasanjo) had attended the Council of State
meeting in Abuja, where they were very well briefed, and that it was
decided that only the Chairman of the Independent National Electoral
Commission, Prof. Attahiru Jega, that could pronounce a postponement and
that he should go and come up with a decision and Jega addressed a
press conference. Now to start comparing our President with Gbagbo in
Cote d’Ivoire is unjust, unsavoury and unfair because what is the
population of Ivory Coast? What are the tribal sentiments of Ivory
Coast? Are they the same here? I want to plead with Baba. God has been
kind to him and he has served his own time. I don’t want to conclude
that his life will be like King Saul in the Bible. I pray it will not be
so. Baba has played his role. No generation can finish any job. Nation
building is a continuous exercise. You come, do your own and go back
into history.
Apart from the issue of
insecurity which Jega gave as the reason for the postponement of the
elections, do you think INEC was ready to conduct the elections on
February 14 and 28?
I granted an interview recently and
there were two posers that I gave to Jega. Thank God Jega is a
professor. He told us that there was an 88 per cent collection rate in
Borno State where there is massive insurgency as well as in Yobe and
Adamawa states. Here, where there is calmness and civility, only 30
something per cent of the populace had collected PVCs. It is just
improving. I think as of last Friday over three million had collected as
against 5.6 million. And he is saying we are ready. Without the
Permanent Voter Cards, you are immediately disenfranchised. Ask Jega
that as a professor, will it be fair to conduct an examination whereby
you have (students who have) covered 80 per cent syllabus and another
class where you have (students who have) covered only 30 per cent
syllabus. Is it fair?
The other question is this issue of card
readers. Have they been tested? I am talking as an electronic engineer
of 48 years in practice. You just bought equipment from China and the
last time it was tested was in China. Our own environment is not the
same. Look at the vagaries of the temperature here from the swampy areas
of the South and the savannah in the North. Who has tested the
equipment? Now, I am not saying they will not all work but if there are
almost 9,000 polling units in Lagos, is he saying all the 9,000 card
readers will be functional? If the card readers fail to work in some
polling units, what shall we do?
Why did the military surround former Governor Bola Tinubu’s house?
If Bola Tinubu finds his way into
national government, I will go on exile. He hasn’t the temerity and the
calmness of mind. They don’t even know what to do in power. Because the
vice-president is his boy, he will just order that Bode George should be
picked up. He said soldiers came to him but he must have been dreaming.
When he said soldiers had surrounded his house, I drove down there
because my house is not too far from there. I know the hierarchy of the
military and its behaviour. That they surrounded his house is lie number
one because on either side of his house are two buildings. There is
also one at the back. So, I wondered where the soldiers were hiding. Why
would you lie for public consumption? So when I got down there, I knew
that his spin doctors were working. These days people go on the social
media and the story went viral. Why would he (President Godluck
Jonathan) from Abuja, be running after Bola? Let them be very careful
about the statements they are making. More so, if Obasanjo is now
linking Jonathan with what happened in Cote d’Ivoire and coup; not in
this 21st Century. That is past and gone forever. No nation goes through
this kind of tribulation twice and survive. We have had our own
experience of Civil War and I pray that God does not direct our minds in
that direction and our people have to watch their mouths.
The general perception in Lagos is that the governorship race is between yourself and Tinubu.
Absolutely not! In the PDP, no
individual owns the party. I happen to have been the first national vice
chairman, South-West PDP, and then became deputy national chairman
South and then deputy national chairman for the whole country and having
done that, they have honoured me that as long as I remain in the party,
I remain a member of the Board of Trustees and I am the only one
representing the South-West in the national caucus forever. That is a
great honour in our party but I don’t decide who becomes a candidate.
Primaries were conducted and in this particular case, the voice of the
people became louder than anybody’s. I am not like Bola Tinubu, I don’t
have the papers of the party in my pocket. I don’t even have a veto
power. But the other side doesn’t practice democracy. We have friends
that are members there. Jimi Agbaje has no godfather but will not behave
like an authoritarian governor.
But Senator Musiliu Obanikoro said you were the one that imposed Agbaje.
That is absolute garbage, he knew he was
lying. You know he came from their party and that is why he was saying
it was me. He has now retracted the statement. We are now one
indivisible party and we are ready for election. All the vagaries and
all that happened during the primary was a test of the ability and the
strength of our party and we listened to the voice of the people. The
voice of the people is the voice of God.
Jonathan’s perception in the
South-West is not as favourable as it was in 2011. There has been blame
on you and other PDP Yoruba leaders for allowing Buhari to increase in
popularity in the South-West.
If you had said this about two or three
weeks ago, I would have agreed. I got these feelers straight to my face.
People came to me and said they would vote for Agbaje but they will not
vote for Jonathan because he had done nothing for us here. And I
explained that there is a general misunderstanding of the concept of
operation in this country. The long periods of military rule presupposed
that the Head of State was responsible for everything and it is that
same thinking that is responsible for this situation. We are all hands
on deck explaining the differences between military governance and
democratic governance.
Highly educated people, my age groups,
were asking me this question but I explained to them that 60 per cent of
the impact the President will have on you is through the federal
allocation to your state. Does he give every state and every local
government allocation? Yes. They collect it religiously every 30 days.
In the area of security, he guarantees it. It is only three states in
the North-East battling insecurity. There is peace and he guarantees
that. What of infrastructure? All federal roads in Lagos from Alfred
Rewane in Ikoyi all the way to Third Mainland Bridge and Ebute Meta are
federal roads. Are they like the roads in Somolu and Akowonjo?
Secondly, the APC refused to participate
in the National Conference. Since he (Buhari) has refused to debate,
what will he do about the resolution unanimously reached by the National
Conference? What will happen to the report? The decisions of the
National Conference are so germane to the future of this country. The
more reasons why the man who conceptualised it should be allowed to
implement his decisions
Military claims victory in Monguno
Troops of the Nigerian Army have
completely secured Monguno, Marte and other communities in the north of
Borno State from Boko Haram occupation.
The members of the Boko Haram Sect had
launched a massive attack on Monguno from different directions and
captured the town on January 25, 2015.
The Director of Defence Information,
Maj. Gen. Chris Olukolade, said in a statement on Monday that a combined
operation spearheaded by the Air Force had completely cleared Monguno,
Marte and other towns in the general area of terrorists.
Olukolade said that some terrorists and arms and ammunition were captured by troops during the latest operation.
According to him, the troops also
captured truckloads of food items such as rice and beans and other
logistics supply meant for the members of the sect.
The Defence Spokesman said that the
casualty figure in the Monguno attack would be made known on completion
of an ongoing cordon and search operation in the area.
He said that the combined operation was
advancing with aggression towards other communities listed to be cleared
of terrorists’ presence in the area.
“Troops in a military operation
spearheaded by highly coordinated air assaults have completed the
mission of clearing terrorists from Monguno and environs this morning.
“A number of terrorists as well as
truckloads of rice, beans and other logistics meant for resupply to the
terrorists operating around Baga have been captured in the course of
operation.
“Casualty inflicted and arms recovered
as well as other outcome of the operation in Munguno, Marte and other
communities already secured, will be determined after the ongoing cordon
and search in the environs.
“The air and land operation is
continuing with aggressive advance towards other designated communities
and locations meant to be cleared in the ongoing offensive against the
terrorists,” he said.
Monday, February 16, 2015
Osborne residents, FG tackle Fashola over jetty operation
Residents of Osborne Foreshore
Residential Estate II, Ikoyi, Lagos are currently in court seeking to
stop the construction and operation of a commercial jetty and ferry
services in the area.
The Lagos State Government said it
embarked on the project to deliver on its electoral promises to the
general masses “to procure, maintain and sustain facilities to make
water transportation workable in the state.”
The state government said the commercial
jetty, when fully operational, would cater to the needs of a percentage
of the estimated 1.8 million or more Lagosians who ride on the existing
jetties monthly.
It is also part of the grand plan of the
project awarded in March 2008 that shopping facilities and a major bus
stop for BRT would be built.
But the residents, under the auspices of
The Incorporated Trustees of Osborne Foreshore Residents Association,
said they were apprehensive that the commercial jetty, if built, would
attract miscreants and thieves to the upscale community thereby
undermining its existing security structure and exposing the residents
to “the spate of insecurity within the nation today.”
Besides, it is their worry that having
acquired from the Federal Government proprietary and property rights and
having invested heavily to develop the estate, siting a commercial
jetty there would distort the exclusivity of the community, leading to
the devaluation of the properties, hence occasioning financial loss to
the plaintiffs as investors in real estate.
Also, the residents argued that building a
commercial jetty was not in consonance with the Federal Government
original or master plan for “the gated and highly exclusive residential
estate, wherein the plaintiffs had put up structures for their peaceful
and quiet enjoyment.”
They had therefore asked Justice Ibrahim
Buba of a Federal High Court in Lagos to make, among others, an order of
perpetual injunction restraining Lagos State and its agents from going
ahead with the said commercial jetty.
Already, by a court order of interim injunction dated November 7, 2014, the project is under restraint.
The defendants in the suit marked
FHC/L/CS/1609/2014 are the Lagos State Government; its Attorney-General;
the Lagos State Waterways Authority; the Lagos State Ministry of
Physical Planning and Urban Development; as well as the construction
company contracted to execute the project, Hitech Construction Company
Limited.
Also sued are the Federal Government of
Nigeria; the Attorney General of the Federation; the Federal Ministry of
Lands, Housing and Urban Development; the Federal Ministry of
Transport; the Federal Ministry of Environment and the National Inland
Waterways Authority.
The plaintiff, in their originating
summons filed through their lawyer, Mr. Norrison Quakers (SAN), sought
12 reliefs, including compensation in the sum of N2bn from Lagos State,
its agents and the contractor handling the project.
The compensation demanded, the plaintiffs
said, is to cover the alleged “violation and threatened violation of
the residents’ constitutionally guaranteed rights to private and family
life and the right to own property as provided for in sections 37 and 43
of the 1999 Constitution.”
The plaintiffs said they viewed the
contemplated commercial jetty and ferry services as an infringement on
their rights pursuant to Aricles 9 and 14 of the African Charter on
Human and Peoples’ Rights (Ratification and Enforcement) Act Cap.10,
Laws of the Federation of Nigeria, 1990.
They recalled that the parcel of land on
which the Lagos State Government intended to build the terminus for its
commercial jetty was specifically set out in the Federal Government’s
master plan for the estate as recreation ground for the use and common
benefit of all residents of the estate.
Their lawyer argued that by virtue of the
National Inland Waterways Authority Act, Cap N47, Laws of the
Federation of Nigeria, 2004, only the National Inland Waterways
Authority had the vested power to control and manage intra-coastal
routes, “including but not limited to the intra-coastal routes from
Badagry, along the Badagry Creek to Lagos, through Lagos Lagoon to Epe,
Lekki Lagoon to Iwopin, along Omu Creek.”
According to Quakers, as long as the
NIWAA remained in force, it amounted to usurpation of authority and
illegality for the Lagos State Government to seek to construct and
operate a commercial jetty and ferry services within the Osborne
Foreshore Residential Estate II.
The senior lawyer also opposed the
reliance of the Lagos State Government on the Lagos State Waterways
Authority Law, 2008, arguing that the law created by the Lagos State
House of Assembly, could no longer stand once it was at variance with
the NIWAA, which is a creation of the National Assembly.
To that extent, Quakers argued, “The
Lagos State Waterways Authority Law was in violation of the provisions
of Section 4 (7) (a) of the 1999 Constitution and it was therefore null,
void and of no effect to the extent of its inconsistency with the
federal legislation.”
The residents urged the court to make an
order of mandatory injunction compelling the Federal Government and its
agents, being the plaintiffs’ landlord, to wake up to their
constitutional and statutory duties of “ensuring that the plaintiffs
peaceful and quiet enjoyment of the Osborne Foreshore Residential Estate
II, a Federal Government-owned and managed estate, is protected from
encroachment by Lagos State Government, in the purported plan to build,
erect and operate a commercial jetty and ferry services in a gated and
highly exclusive federal land occupied by the plaintiffs.”
Their originating summons was backed with
a 49-paragragh affidavit deposed to by one Lt. Commander Philip Ansa
(retd.), acting in the capacity of manager of the estate.
Ansa said the residents were shocked to
wake up one day and find that Lagos State had taken over the parcel of
land in the estate reserved for purpose of building a recreation centre
for all the residents, just when the residents were making efforts to
develop same.
Ansa said he was not aware that Lagos State had secured the approval of the Federal Government before doing so.
The deponent stated that upon this
discovery, the residents immediately wrote to the Federal Ministry of
Housing and Urban Development highlighting the adverse effects of the
construction on the residents’ lives and their properties.
This, he said, was followed by hosting
the Minister for Environment in the estate, where the residents tabled
their fears before the minister and following which the construction was
stopped for two weeks only to recommence thereafter.
Among other steps taken, Ansa added, was
also the writing of a letter dated April 8, 2013 to the Lagos State
Governor, Babatunde Fashola, asking him to cancel the project but
according to the deponent, Fashola neither acknowledged the letter nor
cancelled the project as requested.
Ansa said he could infer from the report
of the Environmental Impact Assessment conducted by Messrs Dipo Fakorede
and Co, contracted by the residents, that “having a commercial jetty
within the low density estate will result in a high influx of human and
vehicular traffic.”
He added, “I am not aware that the 1st –
4th defendants have made any provision for additional security measures
to combat any security breaches that could arise given the spate of
insecurity within the nation today.”
But the defendants have objected to the
reliefs sought by the plaintiffs, urging the court to decline
jurisdiction and strike out the suit.
It was part of the defendants’ grounds of
objection that only the Federal Government and it agents and not the
plaintiffs had the locus standi to institute the action.
For example, counsel for the construction
company, Bello Salihu, contended, “The individual residents are
allottees within the estate. The land was allocated to them by Federal
Ministry of Lands, Housing and Urban Development on behalf of the
Federal Government. While the plaintiff may have established sufficient
interest in the individual plots of land within the estate, he has
failed to do same in respect of the infringement complained about. It is
our submission therefore that that the plaintiff does not have
sufficient interest in the parcel of land upon which the jetty is being
constructed.”
In their own objection, the Federal
Government and the Attorney General of the Federation vehemently opposed
the plaintiffs’ prayer for an order of mandatory injunction against
them to make them to wake up to their statutory duty of protecting the
plaintiffs.
They, however, maintained that exclusive
authority over the property in dispute was vested in the Federal
Government and its agents, adding that Lagos State did not, at any time,
approach them for approval and was never given any approval before
embarking on the project
One Isaac Koleosho, a state counsel in
the Civil Litigation and Public Law Department of the Federal Ministry
of Justice, who deposed to the FG’s counter-affidavit, stated, “The only
jetties operated and known to the 10th defendant in Lagos are the
Maroko jetty, Lekki jetty, Queens Drive jetty.
“The 1st to 4th defendants have been trespassing on the Lekki jetty by erecting perimeter fence and sign therein.
“The 5th and 6th defendants are already
taking steps to protect and secure her assets within Lagos State and
these include a number of concluded and pending court cases involving
the State Government, which have sometimes impeded such steps.”
Justice Buba reserved judgment in the matter till March 2, 2015.
Photos of Obasanjo publicly tearing his PDP membership card
Obasanjo had his ward chairman tear his PDP membership card at a press conference in Abeokuta this morning where he also announced his exit from the party. He said he'll stay away from party politics and remain non-partisan.
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