


HONOURABLE MINISTER OF STATE FOR WORKS, RT. HON. BELLO MUHAMMAD GORONYO, ESQ., HONOURED BY NBA SOKOTO BRANCH AT ANNUAL BAR DINNER AND AWARD NIGHT The Honourable Minister of State, Federal Ministry of Works, Rt. Hon. Bello Muhammad Goronyo, Esq., was recently honoured with the “Supportive Member Award” by the Nigerian Bar Association (NBA) Sokoto Branch during its Annual Bar Dinner and Award Night. The award, which was presented by the National President of the NBA, Mazi Afam Osigwe, SAN, recognises the Minister’s exceptional contributions to national development, unwavering commitment to the growth of infrastructure, and dedication to good governance and the rule of law. The “Supportive Member Award” specifically celebrates his long-time dedication, commitment, and outstanding efforts towards the growth and sustainability of the Caliphate Bar. In his acceptance remarks, Rt. Hon. Bello Muhammad Goronyo, Esq., expressed profound gratitude to the NBA Sokoto Branch and the national leadership for the recognition, describing it as a source of encouragement to redouble his efforts in the service of the nation. He commended the NBA for its steadfast role in defending justice, promoting the rule of law, and serving as a strong advocate for the people. The colourful event, which attracted members of the legal profession, government officials, and dignitaries from within and outside Sokoto State, also witnessed the recognition of other distinguished individuals including the National President of NBA and organisations for their outstanding contributions to society. The Honourable Minister reaffirmed the commitment of the Federal Ministry of Works to continue implementing critical infrastructural projects across the country aimed at boosting economic growth, enhancing connectivity, and improving the quality of life for all Nigerians.
DESIGN OF 1000KM SOKOTO- BADAGRY UNDERWAY AS FG PLANS A NATIONAL ROAD NETWORK PROGRAMME THAT LINKS THE 6 GEO-POLITICAL ZONES FOR ENHANCED TRANSPORTATION ECOSYSTEM The Honourable Minister of Works His Excellency, Sen Engr. Dr. Nweze David Umahi CON has expressed the plan of the Renewed Hope administration of the President of Nigeria, His Excellency President Asiwaju Bola Ahmed Tinubu GCFR to connect the 6 -Geo- political Zones of the country with enduring network of road that will in turn foster a more secure, safer and sustainable transportation ecosystem. The Honourable Minister gave this indication during his inspection visit to the km 47 axis of the Lagos-Calabar Coastal Highway project at Eleko, Lagos State which the contractor moved to handle due to the ongoing demolition around the km 3- 4 of the highway. Speaking during the visit, the Honourable Minister, accompanied by the Federal Controller of Works, Lagos State, Engr. (Mrs) O. I. Kesha and other technical team of the Ministry, revealed that he had received a directive by Mr. President to commence the immediate design of the Sokoto- Badagry Highway, which is a spur to the Lagos- Calabar Coastal Highway. He stated, "And I'm happy that Mr. President has also directed me to start the immediate design of the Sokoto-Badagry Highway, and that one is 1,000 kilometers . We've started the design, and I'm very sure that as soon as FEC approves it, we will be starting at Sokoto side, which is going to be the zero point. In the course of the inspection, the Honourable Minister noted the need to realign the coastal highway around the axis of the Lekki Deep Sea Port at the point of km 47 by constructing a flyover bridge across the Dangote/ Hitech concrete pavement so as to allign with the economic values of the coastal highway. He stated, "We have chosen another alignment that is going to be parallel to the road that is going to the Lekki Deep Sea port at kilometer 47. And that's the end of section one of phase one. And so we are very happy with that decision. We use a flyover to fly over the Dangote HiTech road that is coming from Lekki Deep Sea port going to Epe and joining the road that is going from Lekki Deep Sea to Lagos being done by the State Government." He commended Hitech Construction Nigeria Limited for the quality and speed of the job and hoped that with their capacity and track records, and the manifest political will of Mr. President, the 700 km project would be completed within the 8 years of the Renewed Hope administration of Mr. President, noting that the coastal highway project will connect the entire country through the spurs going to the North by both North East and North West as well as North Central. He said, "We are very, very excited with the quality of work they are doing, with the speed of work. It gives us the confidence that this Coastal road will be constructed within the two times tenure of Mr. President." He further stated, "We also have another spur that is going to go from Enugu-Abakaliki-Ogoja going to Cameroon. And so we have that spur. It's about 361 kilometers going through Otukpo to Benue, Nasarawa, and ends up at Apo in Abuja. We are also going to be presenting it to Mr. President. When this is done, then the coastal road, like we promised, is going to circle the entire country." On the much media hyped report on the impact of the demolition exercise along the Lagos-Calabar Coastal Highway section 1, phase 1 as it affects the Landmark investment, the Honourable Minister made it clear that the Landmark properties were intact and that the owner of the investment has no title to the 250 meters shoreline which is the right of way belonging the Federal Government. He said, "We are looking at the feelings of the people, and we're looking at economic values by making sure that, as much as possible, we follow the coast and also follow the right of way that is legally within the right of way of the Federal Government. This is not to say that for the interest of the nation and in line with our laws that lands cannot be acquired in the overall interest of the public." ...
Federal Government Begins Demolition Of Properties Affected By The Right Of Way On Section 1 Lagos- Calabar Coastal Highway, Says Exercise Shall Have A Human Face The Honourable Minister of Works, His Excellency, Senator. (Engr) Dr. Nweze David Umahi CON has assured that the construction of Lagos- Calabar Coastal Highway being handled by Federal Government under His Excellency President Asiwaju Bola Ahmed Tinubu GCFR would mark a major milestone in the Renewed Hope roadmap towards economic diversification. He gave this assurance during the flag-off of the demolition of properties affected by the right of way on section 1 of the Lagos- Calabar Coastal Highway being handled by Hitech Construction Company Ltd. He said, the Federal Government is passionate about the plight of the people and would, in the exercise of the right of way, put a human face in the demotion of properties that were required to give way for the construction of the coastal highway, noting that the Federal Government was considering the most economically viable way to pass the coastal road without much damages. He further reassured that there would be no delay in the payment of compensation to the property owners entitled to compensation but solicited their cooperation to the timeline of the demolition exercise. He said, "We are doing some minor adjustments, and our commitment is to stay within the coastline. When the initial demolition order was passed to all the affected investors, so to speak, I graciously increased the period to another seven days and yet another 4 days, and here we are because the project stopped because of the part of this demolition, and I want to commend the likes of Mr Bolaji." While flagging -off the demolition exercise, he said, "This demolition is going to have a pure human face and so with the utmost fear of Gid, gratitude to God Almighty and commitment to the Renewed Hope agenda of President Asiwaju Bola Ahmed Tinubu GCFR in our infrastructural development in particular, I wish to flag-off this demolition exercise to get a right of way within the coastal corridor which is the legitimate right of the Federal Government." The Honourable Minister, however, called on all those to be affected by the demolition exercise to take it as a sacrifice for the ultimate impact of the project on the economic prosperity of the nation. He highlighted the socio- economic benefits of the project, including the money it will save for businessmen and women and the stability it will bring to the economy. For those playing poltics with the economic enhancing project, he said, "Those who are playing poltics with this can go ahead. My job is simple, just to pass the coastal road and those who are into politics can continue.." Speaking during the event, one of the affected property owners, Mr. Balaji Ariyo ( Mami Chula), said the demolition would no doubt affect his business but he had no option than to make sacrifice for the greater good of millions of Nigerians whose livelihood would be impacted by the construction of the Lagos-Calabar Coastal Highway which has a spur that connects South to North. He urged all those to be affected by this critical infrastructure to see it as a sacrifice for the good of all Nigerians. He said," Yeah, some of us are affected, no doubt about it. But some of us are not up to 0.1% of the millions of people that we enjoy the coastal road. That's why someone like me and some others also have taken it to heart to also support Mr. President and the Honourable Minister to ensure that this road comes to life." He noted that the coastal highway has the potential to create greater vistas of opportunities for businesses and other human development initiatives that would benefit a greater number of Nigerians. He said, "As humans, those affected will feel the pain, but the future of the country must be put first.And some of us are paying the price in good faith. So we are human, we feel the pain. But at the same time, if you look at the longer picture, you realize that it's the benefit of everyone. It's more than the benefit of one person. Yes, we are sitting on a lot of money, a lot of money being recouped here. But at the same time, it is not worth the enjoyment or the free access of every other Nigerian that will apply the road. So Mr. Minister has already lectured me so well and has consoled me so many times." The demolition exercise continues as the Committee of the Federal Ministry of Works on Lagos-Calabar Coastal Highway, Section 1 Compensation, headed by the Federal Controller of Works Lagos State, Engr. (Mrs.) Olukorede Iyabo Kesha. works round the clock to ensure that payment of compensation to the affected property owners begins in earnest in a matter of days. ...
FEDERAL MINISTRY OF WORKS GIVES ULTIMATUM TO CONTRACTORS HANDLING THE DUALIZATION OF LOKOJA-BENIN ROAD, OBAJANA JUNCTION- BENIN IN KOGI AND EDO STATES TO SIGN THE REVIEWED CONTRACT OR FACE JOB TERMINATION - AS HON MINISTER DIRECTS THE MINISTRY TO WITHIN 7 DAYS AUDIT ALL ONGOING PROJECTS, INCLUDING PERSONNEL AND EQUIPMENT The Honourable Minister of Works, His Excellency, Sen. Engr. Dr. Nweze David Umahi CON has directed the contractors handling sections I- IV of Lokoja- Benin, Obajana Junction- Benin roads in Kogi and Edo States to immediately sign the new contract as reviewed under the Renewed Hope administration of President Asiwaju Bola Ahmed Tinubu GCFR or face the termination of their job by the Federal Ministry of Works in accordance with the condition of service. This directive was given to the contractors in a meeting with the representatives of Mothercat Ltd, CCECC Ltd, Dantata & Sawoe Ltd, CGC Ltd and RCC Ltd held on 25th April 2024 at the Ministry's Headquarters, Mabushi-Abuja. He further directed the Ministry to, within 7 days , carry out a comprehensive audit of the ongoing projects with a view to knowing the status of work done, the capacity of personnel and equipment being used by the contractors. Speaking during the meeting, the Honourable Minister frowned at the pranks of the contractors who were part of the process of re-scoping and reviewing the contract specifications but failed to sign the review contract documents after signing that they would do the job based on the new specification. He said “The project was initially N121 billion, but before the administration of President Ahmed Bola Tinubu, the project was already reviewed to about over N870 billion. When I came in as Minister, I saw that the project was over-bloated, and I refused to take the No Objection to FEC. I had to go through the road myself, and I realized that some sections of the road could not survive asphalt. So, we started meetings that took us over five months with all the contractors, and in the meetings, we agreed to re-scope the project. We re-scoped the project where we said okay, the new lanes should be done on concrete and the other ones done on asphalt. We kept the contracts up and we all signed the documents and based on signing the documents, we took it to BPP and from BPP we went to FEC, and before we went to FEC, we demanded for them to approve that they can do the job. They all gave us letters of approval.” He wondered why contractors were given jobs without having the required manpower and equipment to do the job, and warned that henceforth any contractor signing a contract must sign alongside the basic rate and timeline. He said,” So the position of the government is that if you are not signing the contracts between today and tomorrow, you will forgo the jobs. You can go to court. We will not enter into any condition for further negotiation. This contract is over N2 billion per kilometer. You don't have equipment to do the work. Let me even assure you that if you are signing the contract, you will sign it alongside the basic rates. You sign it alongside the timetable, and you deploy in three sections, or I will terminate the job. Enough of playing with the psyche of the people." He further stated that the Ministry would not allow any contractor to hold the country to ransom or to impose their conditions on the Ministry. "You don't want to work, leave the job. It's not compulsory that you must be the one to do the job. You cannot be on site, and the people are dying. The vehicles are falling down, and you're playing politics with the lives of the people. And we fold our hands and leave you for what? You can't be on site....So if you are not working, pack your things out of that site." In his remarks, the Director, Highways (SP) South, Engr. C.A Ogbuagu gave account of the technical processes undertaken by the Ministry before Federal Executive Council approved the augmentation of the project, which the contractors accepted, and letters of award were given to them. He wondered why the contractors refused to sign the new document. He said," After the FEC's approval of the argumentation, the legal department was brought in so that this new contract will now be executed so that work will continue on site. So, for about two weeks now, the draft addendum has been with the contractors, and none of them has positively responded, except RCC." The CGC in his reply, expressed commitment to the directive of the Hon. Minister and said, "for our side, and firstly for our section, and currently we are seriously working. And secondly, we have a sent the draft to the Head Office And there is any issue, we have answered them and may be later tomorrow morning, we can get the approval from them so we can go ahead." It is hoped that the other contractors will sign the new contract latest Monday 29th April, 2024. and mobilize effectively to the site. ...
Neuropsychiatric Hospital, Aro, Agog As Fashola Commissions, Hands Over Internal Road
• Minister reiterates FG’s commitment to impacting Education through Infrastructure upgrade nationwide
• Medical Director says intervention is the first since the establishment of the school. “Pro. Adeoye Lambo and his wife are dancing in their graves”, he says
• Some people only close their eyes to what President Muhammadu Buhari is doing for the country –SUG President
Students, Academic and non-Academic staff of the Neuro-Psychiatric Hospital, Aro, Abeokuta, the Ogun State Capital, were jubilant on Wednesday, March 16, 2022, as the Minister of Works and Housing, Mr. Babatunde Fashola, SAN, commissioned and handed over a 1.3-kilometre internal road rehabilitated in the institution by the Ministry.
Wednesday’s ceremony would bring to 35 the number of rehabilitated internal roads commissioned and handed over to various institutions since the resumption of the second session of the Season of Completion and Impact in Federal Tertiary Institutions temporarily suspended earlier as a result of COVID-19 pandemic.
In his address at the ceremony, which attracted a large number of the academic community, stakeholders and members of the public, the Minister of Works and Housing, Mr. Babatunde Fashola, SAN, said the objective of the Buhari administration in extending its Infrastructure delivery Initiative to the schools was primarily to enhance the learning environment in the institutions.
Fashola, who was represented at the ceremony by the Federal Controller of Works in Ogun State, Engr. Umar Bakare, said the 1.3 kilometre road, which, according to him “is part of Federal Government's Intervention Roads Rehabilitation Programme for Tertiary Institutions across the country”, would help the movement of people, ease learning and facilitate speedy healthcare delivery service in the institution.
The Minister, who handed over the road to the Provost / Medical Director of the Institution, Dr. Paul Agboola, declared, “Today we converge here at the Neuropsychiatric Hospital, Aro, Abeokuta to hand over an important asset , a 1.3 kilometre internal road rehabilitated and reconstructed by the Federal Ministry of Works and Housing on behalf of the Federal Government”.
According to him, the fact that the quality of infrastructure and upgraded learning environment in all the institutions nationwide would impact positively on the productivity of students and the academic as well as the non-academic staff was already being attested to by students of the institutions that are already enjoying their upgraded infrastructure assets.
“It is undebatable that quality of healthcare delivery will be impacted by and those who doubt it should simply listen to some of the feedbacks from staff in the hospital where this intervention has taken place”, the Minister said adding that because of its convictions, government had taken on the rehabilitation of internal roads and other assets in 76 Federal Tertiary institution across the country with 29 roads already completed and handed over with 17 also completed and being handed over while 30 others are ongoing.
In his remarks earlier, the Medical Director of the institution, Dr. Paul Agboola, noted that the Buhari administration’s intervention in the school was the first since the establishment of the school adding that the act would surely invoke great joy in the hearts of the academic community as well as the founding fathers of the institution.
“Since the establishment of this hospital several decades ago, this is the first time in recent years where internal road networks construction within the hospital is carried out by the Federal Ministry of Works and Housing. This singular act has put smile in the faces of the hospital staff and patients. In fact, one of our outstanding founding fathers, Late Professor Adeoye Lambo and his wife are dancing in their grave saying thank you to President Muhammadu Buhari and his team, especially the Honourable Minister of Works and Housing, Mr. Babatunde Raji Fashola , SAN”.
Also the institution’s Head of Administration, Mr. Richard Kayode, in his remarks noted that before the rehabilitation the road was “almost impassable to motorists and caused discomfort to pedestrians especially during the Raining Season”, adding, “We say thank you to the Federal Ministry of Works Housing and its head, Mr. Babatunde Raji Fashola, SAN. President Muhammadu Buhari has been doing a lot from what we can see today in road repairs across the six geo political zones of the country”.
In her remarks, the Chief Nurse /Tutor in the institution, Mrs. Dada Joseph, commended the quality of the road saying “it is the type that can stand the test of time”, adding that the road represented a major achievement for the Buhari government in assisting the school. “For some years back, it has been difficult moving around while people complained about the road including patients and staff”, she said.
The Press and Public Relations Officer of the Hospital, Mr. Oluwatoyin Abiola, in his vote of thanks on behalf of the institution, said, “On behalf of the entire Management and the Board of Directors, I am saying thank you to President Muhammadu Buhari for repairing the internal road in our institution. It is a plus to his administration."
One of the contractors who spoke at the event from Henod Integrated Limited, Prince Louis Okojie, thanked the institution and Federal Ministry of Works and Housing for giving the company “the enabling environment to complete the scope of work within the time frame without disturbance or financial constraint”, adding, “We thank the Honourable Minister much more for believing in indigenous contractors to handle this project”.
The Vice President of the Students Union Government (SUG) of the institution, Comrade Odutola Samuel, while expressing delight that the repaired road would provide good opportunity for the students and staff to teach and learn in conducive environment “after so many years of bad road and hardship”, gave kudos to the Federal Government for the gesture that has also been extended to other institutions across the country, adding, “Some people only close their eyes to what President Muhammadu Buhari is doing for the country”.
The event was well attended by representatives of Federal Ministry of Works and Housing, staff and students of the Federal Neuropsychiatric Hospital, Aro, Abeokuta and contractors of the project.
WHAT CAN THE PRESIDENT DO FOR ME? BEING THE TEXT OF A KEYNOTE DELIVERED BY H.E BABATUNDE RAJI FASHOLA, SAN AT THE YORUBA TENNIS CLUB ANNUAL LECTURE
Distinguished Ladies and Gentlemen:
At the onset of the protest against the Special Anti-Robbery Squad (SARS) when five demands were made in respect of the police and SARS, President Muhammadu Buhari weighed in on the side of the protesters when he said:
“On Monday 12th October, I acknowledged the genuine concerns and agitations of members of the public regarding the excessive use of force by some members of SARS…As a democratic government, we listened to, and carefully evaluated the five-point demands of the protesters. And, having accepted them, we immediately scrapped SARS, and put measures in place to address the other demands of our youth.”
To some of the protesters this was not enough action. In my interaction with some of them, young and not so young they wanted the President to sack some policemen, in some cases even the Inspector General of Police.
During this interaction I referred them to the provisions of the 1999 Constitution as amended, that I pointed out to them that:
* The President of Nigeria cannot sack a policeman because a policeman is not the employee of the President but rather the employee of the Police Service Commission;
* The President can only sack Ministers, and other appointees that he personally appoints to assist him and not any civil servant deployed to work for him such as a cook, driver, or administrative staff who are ordinary employees of the Civil Service Commission.
Not a few persons were surprised to hear this.
Indeed, I have discovered that a sizeable number of our people express surprise when I explain the structure of Government to them.
For example, when I explain to people that as Governor or Minister I do not sign cheques, vouchers or documents that directly involve the transfer of money.
On the contrary, at certain levels of payment under the financial regulation, my powers as Governor or Minister are limited to approving recommendations for payment made to me through the Permanent Secretary; after he and I have satisfied ourselves that the Government has received value for the payment or will do so.
Although the Federal Ministry of Works and Housing has several directorates such as Construction and Rehabilitation, Planning and Development, Bridges and Design, Materials Geotechnics and Quality Control, Finance and Accounts, Legal and Procurement, many openly express surprise when I tell them that only Engineers, Architects, Valuers, Builders, Town Planners and those involved in the built industry are staff of the Ministry of Works and Housing.
Those in Legal Department are lawyers seconded from the Ministry of Justice to whom they report, Finance and Accounts are staff of the Accountant General/Ministry of Finance, to whom they report, and procurement personnel are staff of the Bureau of Public Procurement to whom they report; while those in administration are staff of the Head of Service/Public Service Office to whom they report.
And this is true of all ministries, in a system of checks and balances.
Similarly of course, in the engineering sections of other ministries, the Ministry of Works also seconds engineers to support those ministries and they report to their parent ministry.
What is true of the Federal civil service system in this regard is largely true of the state civil service systems.
This in part is why the public service is a bureaucracy, which has been defined as:
“…a complex organization that has multi-layered systems and processes.” (Source - Investopedia)
I am surprised that this surprises people and this is a part of the reason for choosing to discuss it at this public forum.
So very often, I hear general statements that the President of Nigeria is very powerful, sometimes they say the office is too powerful in some cases they even ascribe more powers to him than the United States President.
Therefore I have decided, in responding to the invitation of Chief Babajide Damazio, the Chairman of the Yoruba Tennis Club, to interrogate the matter publicly by titling my speech “What can the President do for me?”
The flip side is also that some of our public discourse is coloured with general statements that are not factual such as some statements to the effect that the Vice President is in their words “just a spare tyre” suggesting that he has no powers or functions except those assigned to him by the President.
These statements betray a lack of knowledge about the Constitution and I intend to discuss them here within the reasonable limits of time.
If one looks through the length and breadth of the constitution as I have, you will find that the office of the President is referred to 48 (FORTY-EIGHT) times.
A closer look at the details for those who have read the constitution, will suggest possibly an error in mixing up or conflating “powers” with “function” and the difference is significant.
“Whereas ‘power’ is the legal right or authorisation to act or not to act, it is the ability conferred on a person by law to alter, by an act of will, the rights, duties liabilities and other relations, either of that person or another. On the other hand, the term “function” is the duty of the office.
In the 48 mentions of the Office of the President in the Constitution:
* 23 instances refer to powers exercisable by the President;
* 9 instances refer to powers exercisable by the President subject to the National Assembly;
* 4 instances refer to powers exercisable by the President subject to other institutions;
* 9 instances refer to the President’s functions and duties; and
* 3 instances refer to restrictions on the powers of the President.
Yes, the “all powerful,” “too powerful” President that we generalise about his powers, has restrictions on his powers.
I have provided a table of all the references in the Constitution below:
Part A: Powers exercisable by the President
Section | ||
1 | The executive powers of the Federation is vested in the President | Section 5(1)(a) |
2 | The executive powers include the power to execute and maintain the Constitution | Section 5(1)(b) |
3 | Power to execute and maintain all laws made by the National Assembly | Section 5(1)(b) |
4 | Power to make treaties [Power conferred on the Federation] | Section 12 |
5 | Power to deprive registered or naturalized citizens of their citizenship | Section 30 |
6 | Authorization of qualified private persons to establish a television or wireless broadcast station | Section 39 |
7 | Power to assent (or withhold assent) to bills passed by both the Senate and the House of Representatives | Section 58 |
8 | Power to decide whether or not it is practicable to hold elections | Section 64 |
9 | Power to issue proclamation for the holding of the first session of the National Assembly | Section 64 |
10 | Right to attend joint meetings of the National Assembly or of either the Senate or the House of Representatives to deliver an address on national affairs or to make statement on government policies | Section 67 |
11 | Power to order withdrawal of moneys from the Consolidated Revenue Fund of the Federation for the purpose of meeting expenditure necessary to carry on the services of the Government | Section 82 |
12 | Establishment of offices of Ministers of the Government of the Federation | Section 147 |
13 | Assignment of responsibilities to the Vice President and Ministers | Section 148(1) |
14 | Power to appoint or remove Chairman and members of Federal Executive Bodies established by section 153 of the Constitution | Section 154 |
15 | Approval of rules of procedure made by the Federal Executive Bodies established by section 153 of the Constitution | Section 160 |
16 | Power to approve delegation by the Federal Civil Service Commission of its power to any of its members or to any officer in the civil service of the Federation | Section 170 |
17 | Power to appoint and remove the following officers: Secretary to the Government of the Federation, Head of Service, Ambassadors, High Commissioners and Permanent Secretary, etc | Section 171 |
18 | Power to give approval to a State body where it is intended by the body to confer power or impose duties to any officer or authority of the Federation | Section 204 |
19 | Power to give lawful directions to the Inspector General of Police with respect to the maintenance and securing of public safety and public order | Section 215(3) |
20 | Power to direct the armed forces to suppress insurrection and acting in aid of civil authorities to restore order | Section 217(2)(c) |
21 | The President is the Commander-in-Chief of the armed forces of the Federation and as such is empowered to: * determine the operational use of the armed forces of the Federation; * appoint the Chiefs of Staff of Defence, Army, Navy, and Air Force; and * appoint heads of any other branches of the armed forces of the Federation. |
Section 218 |
22 | The Constitution vests the Executive power for the administration of the Federal Capital Territory in the President | Section 299 |
23 | Power to appoint a Minister for the Federal Capital Territory | Section 302 |
24 | As the Appropriate Authority, the President is authorized to make modifications in the text of any existing law as he considers necessary to bring the law into conformity with the provisions of the Constitution | Section 315(2) |
Part B: Power subject to the National Assembly
1 | Power to declare a state of war between the Federation and another country [subject to the sanction of the National Assembly] | Section 5(4) |
2 | Deployment of members of the armed forces of the Federation on combat duty outside Nigeria. [subject to approval of the Senate] | Section 5(5) |
3 | Making regulations to prescribe matters which are required to give effect to constitutional provisions on citizenship [subject to laying before the National Assembly] | Section 32 |
4 | Appointment and removal of the Auditor-General for the Federation | Section 86 |
5 | Appointment of Ministers | Section 147 |
6 | Power to appoint Special Advisers to assist the President in the performance of his functions. [Their number is to be determined by the National Assembly] | Section 151 |
7 | Power to appoint the Chief Justice of the Federation, Justices of the Supreme Court of Nigeria, President of the Court of Appeal, Justices of the Court of Appeal, Chief Judge and Justices of the Federal High Court and Justices of other Federal Courts. [Subject to confirmation by the Senate] | Sections 231, 238, 250, 254B, etc |
8 | Power to remove the Justices and Judges appointed by him [Acting on address supported by 2/3 majority of the Senate or NJC] | Section 292 |
9 | Power to issue a proclamation of a state of emergency in the Federation or any part thereof in the circumstances listed in section 305(3) and (4) of the Constitution | Section 305(1) |
Part C: Power subject to other institution
1 | Deployment of members of the armed forces of the Federation on a limited combat duty outside Nigeria. [in consultation with the National Defence Council] | Section 5(5) |
2 | Power to grant a pardon to any person convicted of any offence created by an Act of National Assembly (Prerogative of mercy) [This power is to be exercised by the President after consultation with the Council of State] |
Section 175 |
3 | Power to accept or reject report of population census conducted by the National Population Commission. [This power is subject to the advice of the Council of State] |
Section 213 |
4 | Appointment of the Inspector General of Police [This power is to be exercised on the advice of Nigeria Police Council] |
Section 215(1)(a) |
Part D: Functions and Duties
1 | Considering recommendations from a body set up to review ownership and control of business enterprises operating in Nigeria | Section 16(3) |
2 | Approving the registration of persons who apply to be registered as citizens of Nigeria | Section 26 |
3 | Granting of certificate of naturalization to persons who are qualified | Section 27 |
4 | The President has the responsibility to cause budget to be prepared and laid before the National Assembly | Section 81 |
5 | Duty to hold regular meetings with the Vice President and the Ministers of the Government of the Federation | Section 148(2) |
6 | Tabling of proposals for revenue allocation from the Federation Account to the National Assembly | Section 162(2) |
7 | Duty to transmit copies of official gazette containing emergency proclamation to the President of the Senate and the Speaker of the House of Representatives | Section 305(2) |
8 | The President is the chairman of the following constitutional bodies: The Council of State * National Defence Council * National Security Council * Nigeria Police Council |
|
9 | Duty to lay accepted report of population census conducted by the National Population Commission before the National Assembly. [This power is subject to the advice of the Council of State] |
Section 213 |
Part E: Restriction
1 | Prohibition from holding any other executive office or paid employment | Section 138 |
2 | Prohibition from maintaining or operating a bank account in a country outside Nigeria | Fifth Schedule to the Constitution |
3 | Prohibition from being employed by foreign company or foreign enterprises after leaving office | Fifth Schedule to the Constitution |
Is the Vice President really without responsibilities, duties and functions unless the President assigns them to him?
Certainly not. Those who assert that position tell a big lie. A lie born either out of ignorance at the best or mischief at the worst.
The framers of the Nigerian Constitution and our legislators seem to have deliberately attempted to entrust matters relating to its security with the President by making him chairman of the National Councils such as the Security Council, Defence Council and the Police Council, while entrusting the Vice President with matters relating to the economy by making him the Chairman of the National Council on Privatization and the National Economic Council.
Although they did not say the President cannot deal with economic matters, it is my view that he cannot chair the Economic Council or National council on privatization without violating/breaching the constitution with its attendant constitutional risks and consequences.
So much for the “all-powerful” President.
As for the Vice President, his other constitutional functions include:
SECTION A Constitutional Function and Duty of the Vice President |
Constitutional Provision | |
1 | Exercise of Executive Powers of the Federation as delegated by the President | Section 5(1)(a) |
2 | Power to perform the functions of the President as Acting President during temporary absence of the President | Section 145(1) |
3 | Power to hold the office of the President if the office of the President becomes vacant by Section 146 | Section 146(1) |
4 | Performance of ‘responsibility for any business of the Government of the Federation’ as may be assigned by the President | Section 148(1) |
SECTION B Constitutional Appointment/Position |
Constitutional Provision | |
1 | Deputy Chairman of the Council of State | Third Schedule, Part I, Paragraph B (5) |
2 | Chairman of the National Economic Council | Third Schedule, Part I, Paragraph H (18) |
3 | Deputy Chairman of the National Defence Council | Third Schedule, Part I, Paragraph G (16) |
4 | Deputy Chairman of the National Security Council | Third Schedule, Part I, Paragraph K (25) |
SECTION C Statutory Function/Position |
Statutory Provision | |
1 | Chairman of the Governing Council of the National Emergency Management Agency | Section of National Emergency Management Agency Act |
2 | Chairman of the Governing Board of the Border Communities Development Agency | Section 2 Border Communities Development Agency (Establishment, etc.) Act |
3 | Chairman of the National Boundary Commission | Section 4 National Boundary Commission (Establishment) Act |
4 | The Vice President may represent the President of the Federal Republic of Nigeria as the Chairman of the Governing Council) | Section 8 Nigeria Sovereign Investment Authority (Establishment etc.) Act 2011 |
5 | Chairman of the National Planning Commission | Section 3 National Planning Commission Act |
6 | Vice Chairman of the Council of the National Space Research Development Agency | Section 2 National Space Research and Development Agency Act |
7 | Chairman of the Supervisory Board of the Debt Management Bureau | Section 2 Debt Management Bureau (Establishment) Act |
8 | Chairman of the National Council on Privatisation | Section 9(2) Public Enterprises (Privatisation and Commercialisation) Act |
Which brings me to the heart of the matter, as to why a significant number of Nigerians place their hopes and expectation for a better life on their President rather than their Governors and Local Government Chairmen.
Or put differently, why do we seem to only like our Presidents after they have left office and not while in office or after they have died, like “the best President we never had.”
Again, after a very deep interrogation, my answer to this question is traceable to the constitution. And this is not a concession to the advocates of restructuring, but rather a clear lack of relationship by many of us with the constitution.
In other words, we are not fully or sufficiently familiar with our constitution and the roles it ascribes to the different levels of government, at local, state and federal, and the officers attaching to them such as Local Government Chairman, State Governor and the President.
And the related question, to the question what can the president do for me, is to ask ourselves: how the office of the President make my life better?
Before I offer an answer, let me share with you the feedback of a survey that I commissioned to gauge the sense of what the Nigerians who were polled desired most.
The common thread in the responses were: security, education, healthcare, transportation, water supply, employment, housing and electricity. Of course, there are others, which time and space will not permit me to interrogate.
In understanding what the President can do, we must bear in mind the nature of our political arrangement where the President as head of the country, also leads the executive arm of the Federal Government and projects our sovereign status, but shares power and responsibility with 36 states headed by Governors, and 774 Local Government headed by Local Government chairmen.
If we go through our constitution, (and I urge everybody to get a copy and read it if only casually) we will find two (2) lists of responsibilities in the schedule to the constitution.
They are:
* The Exclusive list
* The Concurrent list
The first list contains matters over which only the National Assembly, as the custodian of legislative power of the Federal Government can make laws and over which the President as the head of the executive arm can take action. This list contains 68 (SIXTY-EIGHT) items and includes matters like the banking, currency, police, the military, customs, immigration, citizenship etc.
The second list, which is called the concurrent list, means exactly what it says. A concurrence of authority where the Federal and State governments share power and therefore the state houses of assembly as well as the National Assembly can make laws over these matters; while the Governors, as well as the President, can act in these areas.
This list contains 12 (TWELVE) items and includes matters like Education (secondary and university including polytechnics) Health (secondary and tertiary), Electricity (generation, transmission and distribution).
This list does not include primary education or primary health or sanitation or markets which are expressly left for the Local Governments in the 4th schedule of the constitution.
All matters not listed in these two lists or in the fourth schedule to the constitution such as magistrate courts, consumption tax, rent control, local levies and non-specified taxes, are regarded as RESIDUAL, and the sole preserve of the state governments.
Manifestly and contrary to the view that everything revolves around the President or the Federal Government, what is obvious from the Nigerian constitution and political arrangement, what we really have is an arrangement of shared powers, and I might add, shared responsibility. The question then must be, whether all those who bear responsibility actually discharge them; and I will come back to this in some comparative examination of some of the problems identified earlier that people seek government action for.
But before I do so, I need to quickly shed light on even the nature of the Federal Government.
The Executive arm, such as the Federal Executive Council, has the President and Vice-President elected by the people of Nigeria, and at least 36 ministers appointed from each state as prescribed by the constitution that every state must have a Minister. It also then prescribes that the ministerial nominee must be cleared and approved by the Senate.
And who is the Senate? 109 people, elected by you and I, whether you voted or not, 3 from each state to represent us in the Federal Government because there is no building big enough to accommodate us so we send representatives.
The FCT also has one Senator. The House of Representatives, the other arm of the National Assembly has 360 members from all the 36 states who act to exercise legislative powers over the exclusive list, to determine what the Federal Executive can act upon.
When you see how the structure is laid out, what is obvious to me and hopefully to you, is that it is the people of Nigeria, rather than one man, (the President), who truly have powers and responsibility over our affairs.
Let us now then look at a few examples, because there are many, to examine how these powers have been exercised.
Let me start with electricity. As I said it is a concurrent power by the federal and state. The Federal Government since 2013 has chosen to privatize its own responsibility by selling the generating and distribution assets, while managing the transmission side with varying degrees of success.
The question to ask is what is happening at state level across Nigeria with electricity generation, transmission and distribution.
This question cannot be posed to the President. He is not in charge of any state. He did not elect or appoint a Governor. You and I did.
So I am not suggesting that all electricity problems are the responsibility of the state Governors, but if you have an electricity problem in your states please ask your Governor what he plans to do about it, and your House of Assembly lawmaker which law he will support if you vote for him to give you electricity.
The same applies to primary education and primary health. The Federal Government does not and should not own a primary school or primary healthcare centre. But these are the most defining centres for quality education and preventive health. The foundations of young life are defined here. Basic literacy and numeracy, ante-natal care and life protecting immunization are delivered here.
Please ask your Local Government chairman not the Governor or the President.
Sanitation, characterized by water supply and proper refuse management and civic education are not the constitutional responsibility of the Federal Government, your Senator, house of representative member or the President.
It is our state representatives who have constitutional mandate to deliver water to our homes, move our refuse and make sure our surroundings are clean and we do not suffer from disease and epidemics.
Because I expect that there will be responses, whether informed or uninformed to what I already said and will say, let me be clear that I have not come to absolve the Ministers, the Senators, House of Rep, Federal Civil servants and the President of responsibility.
We have our responsibilities and can do a lot more, but I first sought to clear the air and state the facts for those right thinking and indeed well-meaning Nigerians who honestly want a better life and do not know who is responsible for the problems they face.
So, let me go to a contentious area, like Security.
Section 14.2 (b) of the Constitution provides that:
“the security and the welfare of the people shall be the primary purpose of government…”
Interestingly, it does not say which government. My view is that security is an all government responsibility not a Federal Government responsibility alone.
Yes, the Federal Government controls the apparatus of coercive law-enforcement prescribed in the constitution like the military and police, but it has not precluded states from setting up certain types of law enforcement for traffic, sanitation etc.
I am also a public advocate for states to control their own law enforcement apparatus in other extensive areas where they have powers to make laws.
However, I hold the view that security, which is a concern of some of the people, is not guaranteed by having a state law enforcement apparatus.
Indeed, it is more than a government affair.
In my view, it is an all nation affair as contemplated in section 24(e) which provides that:
“It shall be the duty of every citizen to…render assistance to appropriate and lawful agencies in the maintenance of law and order…”
It seems to me that the road to resolving our security problems, starts with a resolution to prevent or resolve the existence of conflict, eliminate the opportunities for crime to happen, and this requires effort from the family unit to the schools, religious institutions, to all levels of government.
It requires a reset of our values for hard work, a love for one another as a keeper of each other, brothers and sisters, a commitment to peaceful cohabitation and the mustering of the capacity to ensure that no conflict lasts to the next day, whenever any occurs.
This will reduce the need for law-enforcement and put less pressure on them.
It is more than a job for a President, Governor, Local Government chairman, or legislator at any level. It is a job that requires parents at home, teachers in schools, religious leaders in places of worship, title holders like Obas, Emirs, Chiefs like Obis, Baloguns, Turakis, Asiwajus, Bashoruns, Galadimas, Ezes and many more.
This again does not absolve the need for well-equipped law enforcement or excuse those responsible, as it does not absolve the need to stem and stop drug abuse in our society, and the need to reduce or eliminate abandoned buildings where suspicious people thrive in our society and need for street lighting at night to deter criminal atrocity.
I cannot conclude this intervention without mentioning road infrastructure.
Nigeria as a country has 200,000 plus kilometres of roads. But they belong to different levels of government.
Federal trunk roads, mentioned in item 11 of the executive legislative list is the one the Federal Government is responsible for
These are the roads that connect one state to the other, interstate roads. These account for 35,000km out of the 200,000km representing 17.5 %.
The state government roads are 17.5% of the 200,000 km and these are the roads that connect one Local Government to another; while the Local Governments have responsibility for the balance, representing 65% of roads that connect one ward to another.
I cannot of course ignore the fact that the Federal Government has a big and important role to play in respect of fiscal and monetary policy that impacts exchange rate, interest rate and inflation.
But there are legitimate questions to ask about how many local businesses need foreign exchange to operate as much as they need water, electricity and skilled personnel and lower levies and non-state actors from extorting them.
There is a legitimate question to ask about whether those of us who keep bank accounts are ready to accept lower deposit rates as a measure to induce lower lending rates, because high interest rates affect our people.
And of course, with housing on the rental side, how many of us who own houses are ready to accept monthly payments as rent paid in arrears as against two (2) years rent paid in advance, which is a point of pain and stress for many people.
While the properties for which these rents are charged largely belong to individuals and companies, not to government, there is also the question to ask whether or not our legislators at state levels can make laws to control rent. This is not a matter for the president because the federal legislator has no powers over rent.
On the construction side of housing, we must remember that it is the state Governors who control land, not the Federal Government. While the Federal Government is currently constructing houses in 34 states, and developing site and service schemes on land provided by state governments and using employee’s contribution to fund mortgages to help some people buy houses, there is a legitimate question to ask whether your state government is building houses and ready to create a mortgage funding institution.
Ladies and gentlemen, there is a lot to expect of a President, there is perhaps much more to ask of State and Local Government actors.
After all, the projection of national might and success on the international stage by heads of Governments such as Presidents, whether in terms of cuisine, technology, sports or the economy, is the projection of the aggregate of what happens at their sub-national entities.
Now that you know who to ask about primary education, primary health, water supply, refuse management, electricity, security, interest rate, roads and a lot more, please know that candidates will soon begin to emerge as 2023 beckons. Do not keep quiet.
Ask them what they will do to make your life better.
Thank you for listening.
Babatunde Raji Fashola, SAN
Honourable Minister of Works and Housing
Friday 5th November 2021
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