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Tag: Femi Falana

  • Prosecute States That Fail to Pay Minimum Wage, Falana Urges AGF

    Prosecute States That Fail to Pay Minimum Wage, Falana Urges AGF

    By Milcah Tanimu

    Renowned Nigerian human rights lawyer, Femi Falana, SAN, has called on the Attorney General of the Federation, Lateef Fagbemi, to take legal action against any state government that fails to pay the mandated N30,000 minimum wage. Falana emphasized that non-compliance with the minimum wage law constitutes a legal violation since it is a mandatory agreement.

    Falana pointed out that once a new minimum wage is agreed upon, it becomes a legal obligation. He stated that it is the responsibility of the Federal Government and the Attorney General to ensure that any state government failing to meet this obligation is prosecuted.

    “The attorney general can initiate a new case, which is a positive step, highlighting that for years, state governments have been accused of diverting funds meant for local governments,” Falana said during an interview on Channels Television’s The Morning Brief on Tuesday.

    the removal of the fuel subsidy and the fluctuating naira have intensified demands for a new minimum wage due to the rising cost of living in Nigeria. Despite numerous meetings, the Federal Government and organized labor unions, including the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC), have yet to agree on a new minimum wage, leading to strikes that have disrupted economic activities.

    Falana argued that with the removal of the subsidy, states have more financial resources and can no longer claim a lack of funds as an excuse for not paying the minimum wage. “There is no state in Nigeria today that cannot pay more than the minimum wage because the government removed the fuel subsidy last year and promised that the funds saved from this policy would be allocated to state governments,” he stated.

    He insisted that state governments must be compelled to pay the minimum wage and advocated for the deduction of workers’ salaries directly from the source.

  • Falana criticizes NNPCL for its inability to address fuel price concerns

    Falana criticizes NNPCL for its inability to address fuel price concerns

    Femi Falana, a renowned human rights lawyer and Senior Advocate of Nigeria (SAN), has strongly criticized the Nigerian National Petroleum Corporation Limited (NNPCL) for the recent fuel price hike. According to Falana, the NNPCL does not possess the constitutional authority to determine petrol prices.

    In a statement issued as the chairman of the Alliance on Surviving Covid-19 and Beyond (ASCAB) on Wednesday, Falana emphasized that petrol prices should be determined by market forces. He further stated that the NNPCL’s increase in the pump price of petrol violates the rule of law and is fundamentally illegal.The statement read, “In his inauguration address delivered on May 29, 2023, President Bola Tinubu announced that his administration would govern the country in accordance with the rule of law. The implication of the commitment is that the actions of the Government and its agencies will be carried out under the law.
    “The people of Nigeria were taken aback yesterday when the Nigeria National Petroleum Corporation Limited increased the pump price of petrol from N500 to N617. After increasing the price the NNPCL turned round to claim that it was fixed by market forces. It is submitted that the increase of the pump price of petrol by the NNPCL is an affront to the rule of law on the ground that it is illegal in every material in particular.

    “In Bamidele Aturu v Minister of Petroleum Resources

    (Suit No FHC/ABJ/CS/591/2009), Plaintiff challenged the plan of the Federal Government to deregulate the downstream sector of the petroleum industry and allow market forces to determine the prices of petroleum products. In a landmark judgment delivered on March 19, 2013, the Federal High Court, presided over by Adamu Bello J. (as he then was) held that by the combined effect of the Petroleum Act, Price Control Act and the Constitution the Federal Government “must always fix the price of petroleum products sold across Nigeria.”

    Specifically, the reliefs granted by Federal High Court include the following:

    “1. A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in vicious violation of the mandatory provision of section 6 of the Petroleum Act, cap P.10, Laws of the Federation of Nigeria, 2004.

    “2. A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in flagrant violation of the mandatory provision of section 4 of the Price Control Act, cap P28, Laws of the Federation of Nigeria, 2004.

    “3 A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in conflict with Section 16(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 which provides that the Government shall 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.
    “4. A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria has the effect of making the freedom of movement guaranteed in section 41 of the Constitution of the Federal Republic of Nigeria, 1999 illusory for the Plaintiff and the generality of Nigerians and is, therefore, illegal, unconscionable and unconstitutional and of no effect whatsoever.
    “5. AN ORDER restraining the Defendants their agents, privies, collaborators and whosoever and howsoever from deregulating the downstream sector of the petroleum industry or from failing to fix the prices of petroleum products as mandatorily required by the Petroleum Act and the Price Control Act.”

    “Dissatisfied with the judgment of the Federal High Court the Federal Government filed an appeal at the Court of Appeal. Even though the appeal has not been determined the Nigerian National Petroleum Corporation Limited has usurped the power of the Federal Government to determine and fix the prices of petroleum products in the country. it is undoubtedly clear that the action of the NNPCL is illegal and contemptuous since the judgment of the Federal High Court on the subject matter has not aside by a higher court.”

    The renowned lawyer lampooned the NNPCL for exercising a monopoly in the importation and distribution of petrol which contradicted the Petroleum Industry Act of 2021.

    “It ought to be pointed out that the NNPCL is no longer an agency of the Federal Government but a limited liability company which is regulated by the Nigerian Upstream Regulatory Commission (NUPRC) and the Nigerian Midstream and Downstream Petroleum Regulatory Authority in charge of the petroleum industry.

    “The action of the NNPCL has confirmed that the company has continued to exercise monopoly in the importation and distribution of petrol in the country contrary to the letter and spirit of the Petroleum Industry Act, 2021. Having liberalised the petroleum sector the NNPCL lacks the power to fix the prices of petroleum products in any part of Nigeria. It is high time that the NNPCL was restrained from further fixing the prices of petroleum products in the country,” Falana added.

  • Falana calls for Tinubu to spearhead the anti-corruption crusade

    Falana calls for Tinubu to spearhead the anti-corruption crusade

    Femi Falana, a Lagos lawyer and human rights activist, urges President Bola Tinubu to spearhead the anti-corruption campaign. Speaking at a celebration event at Afe Babalola University, Ado-Ekiti, Falana emphasizes that the nation is still grappling with corruption as politicians implicated in corrupt practices continue to hold positions of power.

    Falana calls for a return to an era where individuals involved in corruption and looting are excluded from decision-making processes. He also highlights the need to eliminate religious discrimination, urging Christians to seek legal redress in areas where there is a lack of churches but presence of mosques.

    Moreover, Falana encourages citizens to be aware of their rights and make use of legal avenues for seeking justice and compensation in cases of wrongful acts, including killings.

  • EFCC Should Investigate, Persecute Emefiele Not DSS says Falana

    EFCC Should Investigate, Persecute Emefiele Not DSS says Falana

    Human rights lawyer, Femi Falana (SAN), has said the Department of State Services lacks constitutional power to investigate and prosecute the suspended Governor of the Central Bank of Nigeria, Godwin Emefiele.

    Falana, in a message sent to our correspondent on Sunday, said Emefiele should be transferred to the custody of the Economic and Financial Crimes Commission, which, according to him, has the legal right to prosecute Emefiele.

    “A few months ago, the State Security Service levelled grave allegations of terrorism financing, money laundering, and other economic crimes against Godwin Emefiele, the Governor of the Central Bank of Nigeria. At the material time, the attempt by the SSS to arrest, investigate, and prosecute Mr Emefiele was frustrated by the erstwhile Buhari administration.

    “However, following the suspension of Mr Emefiele as the Governor of the CBN by President Bola Tinubu, the SSS quizzed him in Lagos and flew him to Abuja yesterday (Saturday).

    “According to media reports, the investigation of the suspect by the SSS has commenced. Even though the SSS initially denied the arrest, it has since turned round to admit that Mr Emefiele is in its custody.

    “In the case of Dr Bukola Saraki v. Federal Republic of Nigeria (2018) 16 NWLR (pt. 1646) 433-434, the Supreme Court ruled that the Economic and Financial Crimes Commission lacks the vires to investigate and prosecute the appellant for the breach of the provisions of the Code of Conduct Bureau and Tribunal Act. It was for that principal reason that Senator Saraki was freed by the apex court.

    “In line with the principle of law enunciated by the apex court in Saraki’s case, the SSS lacks the power to investigate and prosecute Mr Emefiele in respect of allegations of money laundering and other economic crimes.

    “Therefore, after investigating the alleged involvement of Emefiele in terrorism financing the SSS should transfer him to the EFCC for the purpose of investigating the allegations of money laundering and allied offences. Otherwise, the investigation of the case will be bungled by the SSS,” Falana said.

  • CBN’s Cash Withdrawal Limits Is Illegal – Falana

    CBN’s Cash Withdrawal Limits Is Illegal – Falana

    Human rights lawyer Femi Falana has faulted the Central Bank of Nigeria’s (CBN) new cash withdrawal limit, describing it as “illegal, null and void”.

    The CBN had ordered Deposit Money Banks (DMOs) and other financial institutions to ensure that weekly over-the-counter (OTC) cash withdrawals by individuals and corporate entities do not exceed N100,000 and N500,000, respectively.

    The CBN also fixed daily maximum withdrawals via point of sale (PoS) terminals at N20,000. The apex bank said the move will take effect from January 9, 2023.

    But in a statement on Monday, Falana said the recent move by the apex bank is “embarrassing” and contravenes the country’s law.

    “Since the Money Laundering Act 2022 (which has fixed maximum cash withdrawal to N5 million) has not been amended the limitation of cash withdrawal of not more than N20,000 per day and N100,000 per week fixed by the Central Bank of Nigeria is illegal, null and void in every material. We urge the Nigerian people to ignore the illegal announcement,” the lawyer said.

    “However, we are compelled to call on President Muhammadu Buhari to direct the management of the CBN to withdraw the illegal guideline and stop announcing more policies that are designed to sentence poor citizens to more excruciating economic hardship.”

  • 2023: Falana Wants Reps to Pass Bill Curbing Electoral Violence

    2023: Falana Wants Reps to Pass Bill Curbing Electoral Violence

    Femi Falana, the human rights lawyer, says the house of representatives should pass the Electoral Offences Commission bill to tackle cases of violence in the 2023 elections.

    Speaking on Sunday in an interview with Channels Television, Falana said many LGAs have reportedly been taken over by criminals.

    He said it will be difficult and problematic to conduct elections in an atmosphere that is ridden with lawlessness.

    Falana said the Independent National Electoral Commission (INEC) alone cannot carry out a successful poll, adding that the people must be ready to defend their votes.

    “There are local governments in Nigeria today, where farmers have to pay levies imposed on them by terrorists. You can’t talk of elections in those places,” he said.

    “The members of the political class and the government will have to sit down instead of jumping all over the place. Can we really hold elections under an atmosphere of violence and lawlessness as we are currently witnessing?

    “Because if this trend continues, the credibility of the elections will be questioned. Candidate will say I would have won in places where you didn’t hold election, and that would be problematic.

    “I would like to appeal to the house representatives to pass the Electoral Offences Commission Bill, which was passed last July by the Senate. Surprisingly the house of representatives has not passed the bill to prosecute electoral offences and unless we do that, the 2023 elections may be marred by violence of unimaginable proportion.

    “Right now, those who are committing electoral offences are not being arrested or prosecuted, and that cannot continue if we want to have good elections.

    “INEC alone cannot conduct credible election. The people themselves must go beyond organising rallies, the people themselves, beyond attending rallies, must defend their votes. Under the new Electoral Act, elections would be won and lost at each polling unit, and there would be automatic transmission of results.

    “We must show that we are civilised people prepared to operate under the rule of law. We can just throw up our hands in helplessness when there is a government in place.”

    More than a year ago, the senate passed the bill establishing the Electoral Offences Commission.

    The approval followed the consideration of the report of the senate committee on INEC.

    The bill seeks to provide the legal framework to establish and empower the National Electoral Offences Commission to investigate and prosecute electoral offences.

    It also seeks to establish the investigation, legal and prosecution unit that will be responsible for dealing with matters connected to mutual international assistance in criminal matters involving electoral offences.

  • 2023: What Peter Obi, Femi Falana, Others Said as They Attend Labour Party National Retreat in Abuja

    2023: What Peter Obi, Femi Falana, Others Said as They Attend Labour Party National Retreat in Abuja

    The 2023 presidential candidate of the Labour Party, Peter Obi, says the Federal Government can meet the demands of the Academic Staff Union of Universities with the income it generates from the sale of crude oil in just one month but the government of the day does not have the political will to solve the problem.

    Obi, a former governor of Anambra State, spoke on Monday at the National Retreat of the party in Abuja.

    Similarly, human rights lawyer, Femi Falana, said the people behind oil theft are known by the government and have enablers within government, adding that Nigeria is the only oil-producing nation that has not installed the metre that gives accurate data on how barrels of crude oil in Nigeria.

    Speaking also at the Labour Party event on Monday, the National President of the Nigeria Labour Congress, Ayuba Wabba, said the union, its affiliates and political commissions across the 774 wards in Nigeria will mobilise its members at the grassroots to achieve victory for Obi in next year’s presidential elections.

  • Buhari ‘Should Urgently’ Approve N200bn For ASUU To End Strike – Falana

    Buhari ‘Should Urgently’ Approve N200bn For ASUU To End Strike – Falana

    Human rights activist and senior lawyer, Femi Falana, has asked President Muhammadu Buhari to submit a supplementary budget for the appropriation of the sum of N200 billion required to revamp federal universities across the country.

    According to Mr Falana, this will go a long way in ending the months-long strike of the Academic Staff Union of Universities that has paralysed public universities since February.

    Mr Falana said President Buhari’s recent lament over the prolonged strike was unnecessary.

    He also faulted the Federal Government’s claim that it does not have the funds to meet ASUU’s demands, noting that the government has allocated trillions to address issues such as fuel subsidy and agriculture policy.

    ASUU embarked on a four-week warning strike on February 14.

    On March 14, the union extended the industrial action by another two months to allow the government meet all of its demands. A 12-week extension was announced on May 9.

    Since May 9, the union has remained on strike, vowing to persist until its demands are met.

    The academics are seeking improved welfare, revitalisation of public universities and academic autonomy among other demands.

    One bone of contention for the academics is the non-payment of university revitalisation funds, which amounts to about N1.1 trillion.

    But the Federal Government has said it doesn’t have the money to pay such an amount, citing low oil prices during the Muhammadu Buhari administration.

    The agreement was reportedly struck in 2009.

    Another is the issue of the Integrated Payroll and Personnel Information System (IPPIS).

    The academics have proposed an alternative payroll system, the University Transparency and Accountability Solution (UTAS).

  • Courts Should Stop Imposing Politicians On Citizens– Femi Falana

    Courts Should Stop Imposing Politicians On Citizens– Femi Falana

    Human rights lawyer, Femi Falana, on Thursday urged the courts to “stop imposing politicians on Nigerians,” arguing that, “the involvement of the courts in the electoral process has not been favourable to the country’s democracy.”

    Falana made the call in a paper titled “The Role of the Courts in the Electoral Process and the Time Bomb of Section 84(12) of the Electoral Act 2022”, delivered at the Law Week of the Nigerian Bar Association (NBA), Ondo Branch.

    “This involvement has been forced by the neglect of its duties by the Independent National Electoral Commission (INEC), the arbitrariness and impunity of some of the members of the Executive, and the corrupt activities of political parties,” Falana was quoted as saying via a statement issued by his aide, Tayo Soyemi.

    “In order to respect the democratic wishes of the electorate, there has to be a new electoral jurisprudence. Since the people are the greatest defenders of democracy INEC must be made to ensure the votes of the electorate count.”

    According to him, the courts have abandoned their primary role of ensuring compliance with the Electoral Act and the relevant legislation of the Constitution pertaining to general elections.

    He stated that apart from usurping the powers of INEC in organising and supervising elections, the courts have taken over the mandate of the electorate.

    Falana added, “The courts have been involved in the appointment of party officers and endorsement of candidates sponsored by political parties to contest elections.

    “Even the meetings of the organs and national conventions of political parties are fixed by the courts. Cases arising from the management of political parties are filed in the high court of the federal capital territory or at the federal high court, outside the venue of the dispute.”

    “The winners of primaries and general elections are no longer determined by the electorate but by the election petition tribunals and courts.”

  • 2023: Jonathan Constitutionally Qualified To Run For Presidency – Ozekhome counters Falana

    2023: Jonathan Constitutionally Qualified To Run For Presidency – Ozekhome counters Falana

    Mike Ozekhome, human rights lawyer, says former President Goodluck Jonathan is “constitutionally” qualified to contest for president in 2023.

    Jonathan was Nigeria’s vice-pesident between 2007 and 2010. He became the president in May 2010 following the death of President Umaru Musa Yar’Adua and completed the latter’s tenure.

    He won the 2011 presidential election, but lost his attempt to secure a second term in office in 2015.

    Recently, there have been speculations that Jonathan may defect to the All Progressives Congress (APC) to contest in the 2023 presidential election, but he is yet to declare his interest in the presidency.

    Several support groups have also asked him to run for president.

    Reacting to the calls for Jonathan to contest the presidency, Femi Falana, a human rights advocate, said section 137(3) of the constitution disqualifies Jonathan from contesting.

    Falana said Jonathan would spend a cumulative period of nine years as president, if he contests and wins the 2023 presidential election, adding that a person is constitutionally allowed to spend two terms of eight years as president.

    Falana’s comment has sparked varied legal reactions.

    Section 137(3) of the fourth alteration to the 1999 constitution reads: “A person who was sworn in to complete the term for which another person was elected as president shall not be elected to such office for more than a single term”.

    ‘JONATHAN CONSTITUTIONALLY QUALIFIED TO CONTEST PRESIDENCY‘

    Joining the fray, Ozekhome, in a legal opinion released on Friday, said it would be “grossly unfair” to deny Jonathan the right to contest for the 2023 presidency when the county’s extant laws and court decisions permit him.

    “The truth of the matter is that the antagonists of Jonathan running in 2022, in their strange line of argument, are mainly relying on the above section 137(3),” Ozekhome said.

    “They have probably not adverted their minds to sections 141 of the Electoral Act, 2010, as amended, and section 285(13) of the same fourth alteration to the 1999 constitution, as amended, which they are relying on.

    “More revealing is that these antagonists are probably not aware of an extant and subsisting court of appeal decision where Jonathan was frontallly confronted and challenged before the 2015 presidential election, on the same ground of being ineligible to contest the said 2015 election, having allegedly been elected for two previous terms of office.

    “The section 137(3) being relied upon by the antagonists was signed into law in 2018, three years after Jonathan had left office. Can he be caught in its web retrospectively?

    “It is clear that those deliberately misinterpreting the clear position of the law may be baying for Jonathan’s blood, possibly as a potential candidate who may subvert the chances of their preferred candidates.

    “I do not view issues from such a narrow ad homine prism and blurred binoculars. It will be grossly unfair, unconstitutional, unconscionable and inequitable to deny Jonathan of the right to contest the 2023 presidential election when our extant laws and appellate court decisions permit him to.

    “The question of whether Jonathan really needs to subject his glittering and internationally acclaimed reputation and credentials to the muddy waters of a fresh competition with persons, some of whom were his personal appointees as president, is another matter altogether.

    “Only him, and not the present state of the laws in Nigeria, can answer that question and decide his own fate. But, as regards his eligibility to contest, Dr Goodluck Ebele Azikiwe Jonathan is pre-eminently constitutionally, morally and legally qualified to contest the 2023 presidential election.”