SEN. SARAKI REMARKS AT A PUBLIC HEARING ON 9TH FEBRUARY, 2017.

By Sunny Anderson Osiebe...

 

1. It gives me great pleasure to welcome you all to this public hearing jointly organised by the Senate Committee on Judiciary, Human Rights & Legal Matters, the Committee on Anti-Corruption & Financial Crimes and the Committee on Foreign Affairs on two very significant Bills which are:-

• Mutual Assistance in Criminal Matters Bill, 2016 (SB. 224); and 

• Small Claims Courts (Establishment Bill, 2016(SB.44).

2. While it is generally admitted that as a nation our development and growth has stagnated as a result of the menace of corruption, it is also telling that the fight against corruption has been painstakingly cumbersome because of the inadequacies in some of our core anti-corruption laws. As a parliament, we fully understand our role in carrying the constitutional responsibilityand obligation of ensuring our laws are constantly reviewed and updated according to modern realities and exigencies.

 3. It is also a known fact that crime is now established on an international scale and so therefore, there must be collaboration between various countries in the world in our quest to help reduce crime. The essence of The Mutual Assistance in Criminal Matters Bill is to help facilitate and establish strong partnerships between Nigeria and foreign governments in combating criminal activities that transcend geographical borders and assume international dimensions, irrespective of whether they originate from Nigeria. 

4. Distinguished Senators, ladies and gentlemen, I must thank the Executive for sponsoring this Bill. Fighting and extinguishing corrupt practices can only be successful where the appropriate framework exists. Too many times we have seen stalled cases and investigations because of legal technicalities and loopholes in existing laws. 

This Bill is a positive step in bringing an end to the many setbacks we may have experienced and would go a long way in providing the legal framework to bring about clarity in gathering and transmission of evidence or any other information between Nigeria and foreign government agencies in investigations ofongoing criminal matters.

5. The Small Claims Court Establishment Bill is the Second Bill for deliberation. This Bill has the potential to address a very pertinent issue that has beleaguered the Judiciary for many years:incessant delays in adjudication of minor cases. Justice delayed is equivalent to justice denied and correcting this anomaly is at the very soul of the Small Claims Court Establishment Bill. 

  

With the establishment of such courts, the burden on regular courts will be drastically reduced thereby creating a more efficient and effective adjudicative process across all cadres of courts in the country. As obtained in developed democracies like the USA where all States have small claims court, the rules that govern them emphasize informality and timely resolution of dispute.

6. Furthermore, it should be clearly emphasized that this Bill is one which targets the affairs of the working class citizenry. These are the people who cannot afford to waste their already limitedresources in long drawn out court cases. The National Assembly is very sensitive to the plight of every Nigerian and will continue to be forward thinking in ensuring that each, a single Naira can go a little further for our citizens.

7. I commend the Senate Joint Committee for the organization of this public hearing. With the calibre of legal juggernauts and concerned stakeholders present, I am very sure we have provided the right platform to make further inputs on the provisions of the proposed legislation.

8. In the light of the above, I sincerely thank you for coming and I wish you all a very fulfilling deliberation. I hereby declare today's public hearing open.

PRESIDENT OF THE SENATE

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Swear in APC candidate now, rights group urges Rivers Assembly

By Sunny Anderson Osiebe.
 

Human rights activists in Rivers state have called on the leadership of the Rivers state House of Assembly and indeed the Peoples’ Democratic Party (PDP) to eschew the politics of bitterness by swearing in Hon Victoria Nyeche who represents Port Harcourt constituency I in the state Assembly.
Victoria Nyeshe was re-elected by the people of PHALGA I on the platform of the All progressives Congress, (APC) but has not been sworn in alongside with her colleagues more than one year after the 2015 general election.
It will be recalled that the Appeal Court in Abuja had issued an order to the independent national electoral commission, (INEC) to issue her a certificate of return which the electoral body obliged with.
Unfortunately, the leadership of the Rivers state House of Assembly has consistently flouted the order of the court to swear in the lawmaker to join her colleagues in the House for the legislative business.
It will be recalled that one Livingstone Nyeshe had dragged Hon Victoria to court on the allegation that she used the letter headed paper of the Assembly to write a personal letter when she was yet to be sworn in as a lawmaker.
Though the case is yet to be decided in court, a social justice crusader, Comrade Christian Lekia has called on the Assembly to consider the plight of Hon Victoria Nyeshe’s constituents who have been denied the dividends of democracy since their representative has been denied access to the House.
“For the sake of the people who voted this woman to bring succor to them, she must be sworn in to join her colleagues in the House. The people of PHALGA cannot be denied their right of enjoying good governance. Not swearing her in will amount to democratic injustice in PHALGA constituency 1.
“Democracy is about the interest of the people. Therefore, shutting her out of the Assembly will amount to a murder of democracy and promotion of impunity.
“There is no democracy that is healthy without a vibrant opposition. The voice of the opposition must be heard because we are running a one party state. Politics of bitterness must be removed from our system. As right activists, I urge the appropriate authorities to commence the process of swearing in Hon Victoria Nyeshe”, Lekia said.
He called on the well-meaning Nigerians to prevail on the House of Assembly leadership to immediately clear the woman for active participation in democratic debate on the floor of the Rivers state House of Assembly.

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RVHA Moves To Sanction Firms …Flays Illegal Workers’Sack …Goes Tough On Rape, Battery, Others

 By Sunny Anderson Osiebe.
 
The Rivers State House of Assembly (RVHA), has warned companies operating in the state against unconditional retrenchments and severance of workers without benefits.
The Leader of the House, Hon. Martin C. Amaewhule, who gave the warning yesterday, while addressing protesters of National Association of Plant Operators (NAPO) against the retrenchment of its members by Daewoo Construction Company in Port Harcourt, said no company would be allowed to maltreat citizens of the state and go scot free.
Amaewhule, who tasked the association to submit official petition against the company to the House, assured the protesters that the House will do justice to the matter without delay.
He thanked the members of the association for their peaceful demonstration instead of resorting to causing crisis in the state.
According to him, the House will take over the matter and address it to its logical conclusion with the company.
It would be recalled that some retrenched workers of Daewoo Construction Company, under the umbrella of National Association of Plant Operators, an affiliate of Trade Union Congress (TUC) embarked on a peaceful protest to the Rivers State House of Assembly with a plea for help over an alleged unconditional retrenchment and maltreatment of its members by the company.
Speaking on behalf of the workers, the Acting President of the NAPO, Rivers State chapter, Comrade Harold Bristol, told the House of Assembly, that the Daewoo Company sacked some of the members of the association without any severance benefits as enshrined in the agreement between the company and the workers.
Meanwhile, the Rivers State House of Assembly, yesterday, read a bill for a law to raise penalties and punishment for any person who commits any offence of rape, marital maltreatment and other related offences on women, child and less privileged in the state.
The bill before the House also sought to eliminate and prohibit all forms of violence in private and public life of persons in the state.
The bill titled: “Rivers State Violence Against Persons (Prohibitions) Bill 2016”, was sponsored by the House Leader, Hon. Martin C. Amaewhule, and the lawmaker representing Emohua Constituency, Hon. Samuel Ogeh, in the House in Port Harcourt.
Presenting the bill at the plenary session of the House, Ogeh said the bill would provide maximum protection and effective remedies for victims of rape and other related offences in the state.
According to him, the bill will increase the years of imprisonment for gang rapists to 20 years without option of time.
It also reviewed to 14 years imprisonment for persons less than 14 years of age without option of fine.
The bill further proposed imprisonment of not exceeding three years or option of N500,000.00 fine to any person who abandons a wife or husband, children or other dependants without any means of sustenance.
According to Ogeh, the 46-page bill would reduce violence among vulnerable women and children as well as protect the less privileged persons from unnecessary maltreatments in Rivers State.
However, the bill passed first reading at the plenary session.
The Speaker of the House, Rt. Hon. Adams Dabotorudima, who lauded the sponsors of the bill, said the proposed bill was a welcome one to increase penalties against offences on less privileged persons in the state.

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Trouble brews as court stops Assembly from swearing-in APC lawmaker

After months of succour, another trouble may be brewing in the Rivers state House Assembly following a court order stopping an elected member from being sworn-in into the 8th Assembly. Justice Adolphus Enebeli of the High Court in Port Harcourt granted an interim injunction to the Rivers state House of Assembly to maintain status-quo on the swearing-in of the lawmaker representing Port Harcourt Constituency one, Victoria Nyeche of the All Progressives Congress, APC.
Justice Enebeli gave the order following a case filed by political activist, Livingstone Wechie who accused Victoria Nyeche of impersonation.

Livingstone in his court processes alleged that Victoria Nyeche used a letter headed paper bearing the logo of the Rivers state House of Assembly to write a petition to the Chief Judge of Nigeria against the appointment of the Chief Judge of Rivers state when she is yet to take her oath of office as a member of the state Assembly.
Livingstone in his suit says the alleged use of the said letter headed paper by Nyeche amounts to fraud and impersonation by the APC House member.
Counsel to Livingstone Wechie, Kingsley Chukwu said the order takes immediate effect on the Rivers state House of Assembly and the defendant, Victoria Nyeche will not be sworn-in as a member of the Rivers state House of Assembly.
Hearing of the motion on notice has been fixed for Thursday, April 28, 2016.

In the meantime, the said lawmaker, Victoria Nyeche has said she is not aware of any order stopping her from being sworn-in.
Nyeche said, “No court can stop me from carrying out my constitutional duty as an elected member of the legislature.”
It will interest you to know that members who were returned elected into the Rivers state House of Assembly and have received their Certificate of Return are expected to take their oath of allegiance today, Thursday.
Victoria Nyeche is the only surviving female lawmaker in the Rivers state House of Assembly.

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