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A compromised judiciary, danger to democracy – Fagbemi
Judges must use the courts to scuttle all untoward actions of government in the same way they must work together with legislators to reject attempts to frustrate the government, in order to maintain stability of the society and common good for the citizens, Lateef Fagbemi, Attorney General of the Federation and Minister of Justice (AGF-MoJ), said on Tuesday.
Specifically, he said courts must reject cases where private individuals attempt to disrupt government procurement procedures, as outlined in procurement laws or other governmental processes, by obtaining baseless injunctions.
In a paper entitled: Strengthening the Synergy between the Executive, Legislature, and Judiciary under the Rule of Law – Executive Perspective, at a refresher course for judges and Khadis in Abuja, Fagbemi, said: “It is my firm submission that the courts must continue to reject any attempt to be manipulated or employed by any individual or entity for personal benefit.
“In this regard, situations where private persons seeking to scuttle the government’s procurement procedures as provided in the procurement laws or other governmental processes, by approaching the courts to acquire spurious injunctions, should be rejected by the courts.
“On the other hand, the judiciary has the responsibility to pronounce on government processes or action(s) that are not in line with the law or in the interest of the advancement of society, thereby serving as a tool for socio-economic advancement.”
Stressing the need for the maintenance of the principle of separation of powers as a hallowed constitutional principle of the democratic government of Nigeria, the AGF said the three arms of government must stay in their assigned tracks to avoid arbitrary excesses by any of the arms.
Though he acknowledged that the constitution clearly provided for checks and balances, he argued however that the division of powers amongst the three arms of government is, was not absolute, and therefore called for stronger synergy among the three arms of government for the betterment of the country.
Hear him: “The need for synergy among the three arms of government cannot be over-emphasised. All the arms of government must see themselves as partners in progress. Without synergy and cooperation, the vision of our constitutional democracy is hardly achievable.
“Each arm must do all that is lawful to enhance the operation of government and no act must be done to undermine the vision of government and Nigeria as a democratic entity. The constitutional powers of the three arms of government overlap in some cases and each of them connects with the others at various points.
“It has been observed that the judiciary is often called upon to adjudicate on the relationship between two or even all three arms of government. All this must be done according to the rule of law. An independent and efficient court system is a cornerstone of the rule of law. Where the judiciary falters, that is a clear invitation to anarchy. This must never happened.
“In the same vein, the legislature must, at all times, work in such a way to help enhance the performance of the executive arm. This is so because virtually all the policies to be implemented by the executive in a democratic setting emanate from laws passed and/or to be passed by the legislature.
“Therefore, it is in the best interest of the system for the legislature not only to pass such laws that would boost the work of the executive, but they must also initiate such developmental bills and where existing laws are constituting impediments, efforts at amending same to achieve better results must quickly be embarked upon and seen to the conclusion in record time, it is only by so doing that the desired collaboration between both arms of government can be achieved.”
Fagbemi, while assuring that his office had the responsibility to ensure that the decisions of the courts were not only enforced but also cause a review of policies and governmental processes to align with extant laws, added: “The office is also available to address any lapses or other strategic issues that inhibit the judiciary from carrying out its constitutional functions.”
The Federal Government has called out the major stakeholders in the petroleum sector over the continued astronomical cost of products, saying there was no reason for it to remain so given the latest development on the global space.
Short of accusing the big players like the Dangote Refinery, the only company refining Premium Motor Spirit (PMS) in Nigeria, and the Nigerian National Petroleum Company Limited (NNPCL), of playing the modern day shylock on vulnerable Nigerians, the government, through the Competition and Consumer Protection Commission (FCCPC) warned against exploitation.
Explaining that the current petrol pump prices did not match the global crude cost reduction, the agency said in a statement on Sunday, that findings from its ongoing surveillance of the downstream petroleum market suggested undue exploitation of consumers.
Basing its report on the review of the gantry prices of local refiners, marketers, depot operators, and retail outlet operators, which revealed “token reductions” in prices that were not commensurate with the steep fall in crude prices in the global market, it maintained that the current ceasefire accord between the United States (US) and Iran two weeks ago and the reopening of the Straits of Hormuz, had led to a crash in crude prices to $73, from the peak of $120 per barrel in April.
The statement, said: “The earlier spike in crude prices saw local refiners and marketers raising pump prices swiftly across the country, with petrol price climbing to between N1,350 to N1,500 and diesel selling N2,000 as hostilities intensified in the gulf between April and May,” the statement reads.
“In February, common PMS (petrol) averaged between N800 and N900. Across the country today, PMS is still sold at average of N1,200 while some local refiners fixed between N1,025 and N1,075 as their gantry prices.
“Though recognising that domestic prices are influenced by a range of commercial and market factors (including refining costs, foreign exchange movements, logistics, financing and distribution expenses), the Commission however expects competitive market dynamics to have eased the swift transmission of resulting cost efficiencies to consumers.”
Tunji Bello, the executive vice-chairman and chief executive officer (CEO) of the FCCPC, said although the commission does not regulate petrol prices in a deregulated market, it has a statutory responsibility to protect consumers from exploitative business practices.
“To be clear, the Commission does not regulate or approve petroleum prices in a deregulated downstream market. Our responsibility under the Federal Competition and Consumer Protection Act, 2018, is to promote competitive markets, prevent anti-competitive conduct, and protect consumers from unfair, deceptive and exploitative business practices.
“We are concerned that while dealers often respond swiftly by hiking pump prices whenever crude prices rise, it is curious that it is taking forever for consumers to benefit significantly when crude prices fall. Competitive markets must work fairly in both directions.”
The FCCPC boss said market liberalisation does not diminish businesses’ obligations to compete fairly or consumers’ right to fair treatment.
“Where credible evidence indicates conduct that undermines competition, exploits consumers or otherwise contravenes the Federal Competition and Consumer Protection Act, the Commission will investigate and take appropriate enforcement action,” he said.
He encouraged consumers to continue reporting suspected anti-competitive conduct, misleading pricing practices and other forms of unfair market behaviour through the commission’s established complaint channels.
Brent crude, the global oil benchmark, dropped to $72.97 per barrel as at June 26 — its lowest since February, when the conflict began.
On June 25, the Dangote refinery cut its petrol ex-gantry price to N1,125/litre from N1,175.
The United States President Donald Trump recently accused US oil firms of petrol price gouging, directing the department of justice (DOJ) to immediately probe oil marketing companies in the country.
Troops of Operation Hadin Kai have arrested a suspected operative of the Islamic State West Africa Province (ISWAP) over an alleged plot to attack two military formations in Borno state.
The suspect, identified as Muhammad Shuaibu, was arrested by troops of the 212 Battalion at the Forward Operating Base (FOB) Chabbol following intelligence on a planned terrorist attack.
Quoting military sources, Zagazola Makama, a counter-insurgency publication focused on the Lake Chad region, said Shuaibu was apprehended during a routine perimeter patrol conducted about 500 metres from the anti-vehicle ditch protecting the base.
The publication said the arrest followed what the military described as credible human intelligence on an impending attack.
Preliminary investigation reportedly linked the suspect to a planned assault on the 199 Special Forces Battalion, also known as Mosquito Camp, and the Forward Operating Base in Chabbol.
Military sources said the suspect admitted during interrogation that an attack had been planned and claimed the terrorists intended to proceed with the operation regardless of his arrest.
The military said the arrest enabled troops to reinforce security around the targeted formations and strengthen defensive measures against any attempted attack.
The suspect has since been handed over to the 7 Military Intelligence Brigade for further investigation.
The arrest is part of ongoing intelligence-led operations by Operation Hadin Kai aimed at disrupting terrorist activities, dismantling insurgent networks and improving the security of military formations across the north-east.
More than 76 ISWAP terrorists have abandoned their enclaves and surrendered to troops within the North-East theatre of operations as part of the Joint Task Force (North East), Operation HADIN KAI (OPHK), and continued operational successes.
The North East geopolitical zone comprises six states: Adamawa, Bauchi, Borno, Gombe, Taraba, and Yobe.
In a statement by the Acting Military Information Officer, Headquarters Joint Task Force North East Operation Hadin Kai, Captain Mohammed Goni, revealed that among those who surrendered were key members of the terrorist network, due to relentless military pressure.
“The development highlights the devastating impact of the sustained offensive by Operation HADIN KAI, which continues to dismantle terrorist strongholds, disrupt command and logistics structures, and deny the insurgents freedom of action across the theatre”.
“Persistent military operations have continued to degrade the terrorists’ combat capabilities while eroding confidence within their ranks and leadership. Within the last week alone, a total of 76 terrorist foot soldiers with some families surrendered to troops.
“They are currently in a secure location undergoing profiling, debriefing, and other established procedures in accordance with extant operational protocols,” the statement reads in part.
According to Captain Goni, the operational gains demonstrate the effectiveness of the Nigerian military’s comprehensive counter-terrorism and counter-insurgency strategy, combining precision combat operations, intelligence-led engagements, and coordinated joint efforts with partners.
He added that “the Operation HADIN KAI remains resolute in its mission to completely defeat terrorism and restore lasting peace and security across the North-East and the pressure on the remaining terrorist elements will continue unabated until they are completely neutralised or forced to surrender.”
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