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Weekly
Page 26
17th - 23rd July, 2012
News review of the week
Constitutional Review C'ttee Pushes for Right to Education, Health, Housing... Former Chief Justice of Nigeria (CJN), Justice Alfa Belgore he Presidential Committee on the Review Outstanding Issues on Recent Constitutional Conferences headed by a former Chief Justice of Nigeria (CJN), Justice Alfa Belgore, is pushing for an amendment to the 1999 Constitution that will confer the rights on Nigerians to compel government to provide health care, housing and education. If the amendments pass, Nigeria will join the league of welfare states like South Africa and countries in Europe where citizens can enforce socio-economic rights. Under the present regime, these rights are contained in Chapter 11 of the constitution titled Fundamental Objectives and Directive Principles of State Policy and are not justifiable. The implication is that should government fail to provide the social services, Nigerians do not have the right to invoke the courts to find the government liable. But in the executive summary of its recommendations, which was obtained exclusively by THISDAY, the Belgore committee has recommended that these rights be merged with the fundamental human rights contained in Chapter 1V which are enforceable. Section 16(2)(d) of the Constitution which falls under the Fundamental Objectives and Directive Principles of State Policy states: “The state shall direct its policy towards ensuring that suitable and adequate shelter, suitable and adequate food, a reasonable national minimum living wage, old age care and persons, and unemployment, sick benefits and welfare of the disabled are provided for all citizens.” Similarly, Section 17(3)(d) provides: “The state shall direct its policy towards ensuring that there are adequate medical and health facilities for all persons.” Section 18 states that “government shall direct its policy towards ensuring that there are equal and adequate education opportunities at all levels.” As lofty as these objectives are, the constitution in Section 6(6) provides: “The judicial powers vested in accordance with the foregoing provisions of this section shall not, except as otherwise provided by this constitution, extend to any issue or question as to whether any act or omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive Principles of States Policy set out in Chapter 11 of this Constitution.” The Belgore committee is recommending that these rights be taken out of Chapter II and taking to Chapter IV which contain enforceable rights. It states: “The committee adopted the recommendation of the 2005 Conference that the Fundamental Human Rights in chapters II and IV of the 1999 Constitution should be merged, where possible and should be made enforceable. “It further decided that aspects of Chapter 11, which underscore the fundamental objectives of the constitution, should be transferred to the general provisions whilst those that aggregate rights should be transferred to Chapter IV.” The committee also recommended that the forcible take-over of government should be outlawed. It stated, “The committee recommends that forcible take over or suspension of government shall be illegal. Every Nigerian should have an obligation to defend the constitution and resist overthrow of government.” To forestall what happened in Kano when Pfizer, a pharmaceutical company used Nigerians to test its drugs without informing the victims of the purpose for which the drug was administered, the committee has
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recommended that the right to personal liberty be expanded to ensure that Nigerians are not subjected to medial or scientific experiments without their informed consent.” In order to tackle discrimination in the society, the committee suggested that an
The committee also recommended that the monopoly of the Federal Government on railways be broken. In this regard, the committee has recommended that railways be moved from Exclusive Legislative List to the Concurrent List to enable both states and the Federal Government make laws on railways. The committee advised that prisons should also be removed from the exclusive list and transferred to the concurrent list to enable states build prisons. Other items that were recommended for transfer to the concurrent legislative list are: commercial and industrial monopolies, combines and trusts. On this, the committee stated that item 10 of the exclusive list be merged with item 19 and amended to read “commercial and industrial monopolies, combines, trusts, and designation of securities, in which trust funds may be invested” and be moved to concurrent legislative list. Designation of securities in which trust may be invested; item 19 is merged with item 10, and amended to read, “Commercial and Equal Opportunities Commission be created industrial monopolies, combines and to replace the Federal Character Commission. designation of securities in which trust fund may be invested” and moved to the According to the committee, this will ensure concurrent legislative list. that, besides geographical and ethnic balancing, the rights of women and persons with disability are respected and represented.
Investment in Treasury Bills Drop by 17% in June
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nvestment in treasury bills fell by 16.7 per cent to N683.67 billion in June as against the N820.74 billion that was recorded in May. The Financial Market Dealers Association (FMDA) disclosed this in its monthly financial and economic report for June obtained by THISDAY Thursday. Although the report did not give any reason for the development, analysts attributed it to the slight drop in inflation rate for May released last month low inflation rate is always associated with low interest on treasury bills. The FMDA report showed that at the first, second and third auction in the month under review, 91 days stop rates attained an average value of 14.08 per cent against the 13.35 per cent it attained last month; the 182 days 15.19 per cent relative to the 14.01 per cent it was in May, while the 364 days bills also got to an average of 15.65 per cent when juxtaposed with 14.12 per cent it was the preceding month. “Available data revealed that only one Open Market Operations (OMO) auction session was conducted. This was occasioned by
CBN Governor, Sanusi Lamaido Sanusi
prolonged system illiquidity as the Central Bank of Nigeria sold N14.12 billion against the N363 billion sold in May in 62-day Tenor. “Public subscription was N48.22 billion relative to N956.24 billion in the preceding month. The sharp decline in OMO sales recorded was on the back of reduced injection into the market,” it added. Commenting on the activities in the forex market in the month under review, it stated
that the premium between the CBN official and parallel market widened to 5.8 per cent from 4.01 per cent recorded at the end of May. It added that “the above premium exceeded the international benchmark of 5 per cent hence the CBN will need to demonstrate the capacity to meet market demand as it becomes expedient, in order to nip further volatility in the bud and to avoid.” The FMDA however stated that declining oil prices which affects the foreign reserves remains the biggest threat to the economy. According to the association, the behavioural pattern of domestic interest rates in the months ahead is expected to follow last month's high regime. “Inflation outlook will still remain challenging for the economy and monetary authorities especially. However, CBN will likely result to increased use of OMO as against upward review of Monetary Policy Rate, as it has proven a lot effective without causing sudden policy disruptions,” it added.
Senate Lifts Suspension on New Number Plates, Slashes Fees by 30%
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he controversy surrounding the new number plates and vehicle registration by the Federal Road Safety Commission (FRSC) was Thursday put to rest as the Senate lifted its earlier order suspending the scheme and also reduced the chargeable fees by 30 per cent. Following the adoption of the recommendations of its Committee on Federal Character and Inter-governmental Affairs, the Senate stipulated that the standard motor vehicle plate numbers would now cost N8, 400 instead of N15,000 while the fee for the procurement of new Driver's License has been reduced from N6,000 to N4,000. In the same vein, articulated vehicle owners will now pay N11, 200, instead of the N20,000 stipulated by the FRSC; while fees for privileged numbers and fancy or personalised numbers were left as originally recommended by the FRSC.
However, dealer number plates which cost N30, 000 before now was slashed to N16, 800. Consequently it lifted the suspension on the issuance of the plates and new drivers' licenses, just as it barred the police from conducting another vehicle registration and
Senate President, David Mark
stipulated that the deadline for compliance with the new scheme be extended from August 2012 to February 2013. Chairman of the committee, Dahiru Awaisu Kuta, while presenting the report said: “The current suspension on the issuance of the new drivers' licence and vehicle number plates now in its fourth month, resulting in a huge backlog of demands for these items by the motorists be lifted immediately, taking into account 30 per cent reduction.” It therefore directed the police to “suspend the introduction of Bio-metric Central Motor Registry (BCMR) and the N3, 500 that goes with it as this is an additional burden and unnecessary duplication of the on-going scheme by the FRSC on the vehicle owner which is capable of translating into hike in transport fare for commuters.”