By Sumaila Ogbaje

Defence Headquarters says troops of Operation Delta Safe (OPDS) discovered and destroyed 107 illegal petroleum products refining sites in the Niger Delta in the last two weeks.

The Director, Defense Media Operations, Maj.-Gen. Musa Danmadami, made the declaration at the bi-weekly news briefing on operations of the armed forces on Thursday in Abuja.

Danmadami said troops sustained the war against oil theft, illegal refining and other criminal activities in the Niger Delta through aggressive patrols, raids and clearance operations amongst other strategies.

He said the operations were conducted at the creeks, waterways, in the sea, towns and cities of Bayelsa, Delta, Rivers, Cross River and Akwa Ibom with significant results.

“Troops in the conduct of Operation Octopus Grip and Operation Dakatar Da Barawo discovered and destroyed 107 illegal refining sites, 140 storage tanks, 58 reservoirs, 151 ovens, 68 dugout pits and 22 boats.

“Troops recovered 561,200 litres of crude oil, 119,000 litres of diesel, one fibre boat, five pumping machines, two outboard engines, 10 giant plastic tanks, one tricycle and six vehicles while they arrested nine suspected criminals.

“All recovered items and apprehended suspects have been handed over to the appropriate authorities for further action,” he said.

Danmadami said troops responded to an election disruption report within Ogbakiri community in Emouha Local Government Area of Rivers on March 19 and arrested 12 armed thugs.

He said the response led to the recovery of four AK47 rifles, one FN rifle, four AK47 magazines, one pistol loaded with two rounds of 9mm ammunition, one pump action gun, four cartridges, 16 rounds of 7.62mm special and one Hilux vehicle.

Danmadami said in the Southeast geopolitical zone, troops of the Joint Task Force, “Operation Udo Ka’’, neutralised seven members of the Indigenous People of Biafra/Eastern Security Network (IPOB/ESN) criminals and arrested 32 persons.

He said troops also recovered five AK47 rifles, 29 pump action guns, three Dane guns, four locally-made pistols, one double-barrel gun, and two rounds of 9mm ammunition, 188 rounds of 7.62mm special and 46 empty cases of ammunition.

Also recovered were seven live cartridges, three magazines, four radios, 16 machetes, three knives, 14 motorcycles, one vehicle, five mobile phones and several pairs of uniforms and boots.

“All recovered items and apprehended suspects have been handed over to the appropriate authority for further action,’’ he said.

Danmadami said troops of Operation AWATSE continued to clamp down on criminal elements within the general area of operations in the Southwest.

He said the troops, in conjunction with operatives of the NDLEA raided Awoyaya and General Paints areas of Ajah in Eti-Osa Local Government Area of Lagos State on March 10.

They arrested 14 suspects and recovered 5kg of Indian hemp, 7kg of other illicit drugs, seven bottles of codeine, 6gm of tramadol, 5gm of methamphetamine and N3,250 during the operation.

He said the troops also apprehended seven armed thugs attempting to disrupt the March 18 elections in the zone.

“Troops recovered four AK47 rifles, three Jack knives, one cartridge gun, three mobile phones, one cutlass and 350 sachets of Indian hemp from the thugs,’’ Danmadami told newsmen. (NAN)

The Federal High Court, Abuja, on Tuesday ruled in favour of Christian Association of Nigeria (CAN) against Corporate Affairs Commission (CAC) wherein CAN has secured a judgment in favor of Christianity in Nigeria to the effect that the provisions of Companies and Allied Matters Act (CAMA) 2020 which empowered CAC to, among other things, interfere and take over the administration of even Churches in Nigeria (or even close them down) on allegation of non-compliance with certain provisions of CAMA 2020 are not and cannot be applicable to Churches and Christian Bodies in Nigeria.

Consequently, CAC no longer has the power to interfere, take over or close down any Church or Christian Body in Nigeria for any reason whatsoever.

According to a report by the News Agency of Nigeria the Abuja Division of Federal High Court, on Tuesday, restrained the Corporate Affairs Commission (CAC) from suspending or appointing trustees of the Christian Association of Nigeria (CAN) and churches.

Justice Inyang Ekwo, in a judgment, held that the provisions of Sections 17 (1), 839 (1) and (7) (a), 842 (1) and (2), 851 and 854 of the Companies and Allied Matters Act (CAMA), 2020, and Regulations 28, 29 and 30 of the Companies Regulations (CR), 2021, were not applicable to CAN and churches, including mosques, as a religious body.

The Registered Trustees of CAN, in the originating summons marked: FHC/ABJ/CS/84/2022 field by Joe Gadzama, SAN, had sued the CAC and the Minister of Industry, Trade and Investment as 1st and 2nd defendants respectively.

The plaintiff, in the suit, had posed five questions for determination.

CAN had asked the court to determine that whether Section 839, Subsections (1), (7) (a) and (10) of the CAMA, 2020 and regulations 28 – 30 of the CR, 2021 are inconsistent with Sections 4 (8), 6 (6) (b) and 40 of the 1999 Constitution (as amended) which guarantees the its right to freedom of association and the right to seek redress in court, among others.

It, therefore, sought 13 reliefs which include a declaration that Section 839 (1), (7) (a) and (10) of the CAMA and Sections 28 – 30 of the CR are inconsistent with Section 40 of the 1999 Constitution, and thus unconstitutional, null and void.

“An order striking down Sections 839(1), (7) (a) and (10), 842(1) and (2), 843, 851 and 854 of the CAMA for being unconstitutional.

“A declaration that Section 17(2) (a) and (d) of the CAMA demand an impossible and impracticable action; thus, void and for being impracticable and unknown to Law.”

CAN also prayed for an order of perpetual injunction restraining and barring the defendants from taking any step to give effect to the provisions of Sections 17(2) (a) and (d), 839(1), 842(1) and (2), 842(1) and (2), 842, 843, 851 and 854 of the CAMA against it as mentioned in Article 4 of its constitution, to prevent further contravention of the provisions of Sections 4(8), 6(6)(b), 251(1)(e) and 251(3) of the 1999 Constitution.

It argued that if CAC was allowed to suspend its trustees and appoint interim managers to manage its affairs, it would be usurping its powers under the constitution and the powers of the standing committee and the plenary session, which would not be in line with the constitution.

Though Mr Gadzama was not in court, Albert Uko held his brief.

Delivering the judgment, Justice Ekwo, said that the CAC did not controvert the averment of CAN that it was constituted by the churches.

“It is settled law that averments without contradicting evidence or averments are deemed admitted.

“There is need at this point to define what a church is in order to see how applicable the provisions of the CAMA 2020 can be applicable to it,” he said.

Citing a previous case, the judge said; “a church in its true definition is the body of Christ. One person cannot constitute the body of Christ; it connotes a congregation, an assembly of people. An individual cannot own a church. A church property must be the collective responsibility of all the members.”

He said that the summary of the above was that “the church is an ecclesiastical being.

“Each church is characterised by its distinct dogma or creed and same for each congregation and denomination that constitute the church.

“It is on this ground that it is impossible for one church to be administered by another church and the church being what it is for the soul of man, the doctrinal distinctness and difference must be respected by the authorities within and without.

“This being so, it is then impracticable for the church or a denomination thereof to be administered by secular arrangement such as interim manager or managers stated in Section 839 of the CAMA 2020 or any other arrangement put in place by the CAMA which does not take into account the doctrinal composition of the church.

“It is also my opinion that to suspend the trustees and appoint an interim manager or managers to manage the affairs of the church will conflict with the sacerdotal order of its divine administration and desecrate same.”

Justice Ekwo, who observed that the Minister of Trade (2nd defendant) neither filed any application nor represented in court despite being served by the plaintiff, held that the effect of the failure of a defendant to file pleadings is that the assertions of the claimant stands unchallenged and are deemed admitted and established.

According to him, therefore, the case of the plaintiff succeeds on the merit.

The judge, consequently, made a seven declarations, which include a declaration that Section 839 (1), (7) (a) and (10) of the CAMA 2020 and Regulations 28, 29 and 30 of the CR, 2021, are not applicable to religious organisation as CAN and the churches as they violated the right to worship guaranteed by Section 40 of the 1999 Constitution (as amended).

He also made an order of perpetual Injunction “restraining the defendants from taking any step to give effect to or implementing and/or continuing with any act to implement the provisions of Sections 839 (1), 842 (1) and (2), 842, 843, 851 and 854 of the CAMA 2020.”

Justice Ekwo, however, did not make the generic order striking down the sections of the CAMA 2020 as prayed by the plaintiff. He said such order would affect other bodies and organisations registered under Part F of the Act.

“These provisions are applicable in respect of the administration, supervision and regulation of other bodies like company, limited liability partnership, business name or incorporated trustee registered for other purposes stated in Section 823 (1) of the CAMA 2020.

“The court is also unable to strike down the provision of Section 17 (2) (a) and (d) of the CAMA 2020 which provides for mandatory pre-action notice to the 1st defendant, as prayed, as the practicability of compliance with such provision depends on the circumstance of each case thereby affected,” he said

*States Can Now Generate, Distribute Electricity, Own Railway

•State assemblies/Judiciary get financial autonomy

•President must appoint ministers within 60 days

…

President Muhammadu Buhari has signed into law the constitutional amendment allowing states in the country to generate, transmit, and distribute electricity in areas covered by the national grid.

This is one of the 19 bills the President assented to yesterday, 16 of which altered some provisions of the 1999 Constitution – Fifth Alteration Bills 2023.

Another of the Constitution alteration bills assented to (Constitution Fifth Alteration Bill No. 45, Timeframe for the Submission of the Names of Ministerial or Commissioner Nominees) mandates the president-elect to transmit names of his minister-nominees to the National Assembly within two months of his inauguration.

The law, which takes immediate effect, is also applicable to all the governors-elect as they are expected to seek the approval of the state assembly for their commissioner-nominees within 60 days from the date of their swearing-in.

A statement issued yesterday by the Senior Special Assistant to The President on National Assembly Matters (Senate), Senator Babajide Omoworare explained that the President had also signed into law financial independence for State Houses of Assembly and States’ Judiciary – Fifth Alteration Bill 2023 No 9.

He said the provisions were part of the 16 bills in the Constitutional Alterations of the 1999 Constitution of the Federal Republic of Nigeria (as amended), transmitted to the President by the National Assembly early this year.

With the Fifth Alteration Bill No. 33, Devolution of Powers (National Grid System), Nigeria’s 36 states can now join the electricity generation business.

Another Constitutional alteration approves the renaming of the Nigeria Prison Service to the Nigeria Correctional Service -Fifth Alteration Bill No. 31, Devolution of Powers for Correctional Services.

Another one granted rights to the state governments to establish their own railway service – Fifth Alteration Bill No. 32, evolution of Powers, Railways. With this, the railway moves from the Exclusive Legislative List to the concurrent list.

Part of Omoworare’s statement reads: “The highlights of the assented Constitutional Alteration Bills, amongst others, are: Ensuring financial independence of State Houses of Assembly and State Judiciary; Regulating of the first session and inauguration of members-elect of the National and State Houses of Assembly and for related matters.

“Ensuring that the President and governors submit the names of persons nominated as ministers or commissioners within 60 days of taking the oath of office for confirmation by the Senate or State House of Assembly; and for related matters.

“Enable states generate, transmit, and distribute electricity in areas covered by the national grid; and for related matters; Excluding the period of intervening events in the computation of time for determining pre-election matters petitions; Regulating the first session and inauguration of members-elect of National and State Assemblies.

“Changing prisons to correctional service and re-designate correctional service in the concurrent list; and moving item “railway” from the exclusive legislative list to the concurrent list.”

Omoworare added that the President also assented to three other bills which included: “The Nigerian Institute of Leather and Science Technology Act, The Nigerian Institute of International Relations Act, and The Federal Medical Centres (Amendment) Acts.”

The National Assembly had in January transmitted 35 Constitution amendment bills to the President for assent following the Senate resolution directing the former Clerk to the National Assembly, Mr. Olatunde Ojo, to forward all the proposed legislation that had met the requirement for assent as provided for in Section 9 (2) of the 1999 Constitution.

Meanwhile, the Deputy Speaker of the House of Representatives, Ahmed Idris Wase has commended President Buhari for assenting to some legislations that altered some provisions of the 1999 Constitution.

Wase, who doubles as the Chairman, Special Ad-hoc Committee on the review of the 1999 Constitution, noted that the Constitution (Fifth Alteration) bill, 2023 is fragmented into 16 bills.

He noted that four of the bills centred on devolution of powers/promotion of true Federalism and also strengthening of State Houses of Assembly and Judiciary.

The Deputy Speaker also commended members of the 9th National Assembly for working tirelessly to ensure the passage of “these legacy legislations”.