In this 14-minute podcast, Vanguard Senior Tax and Wealth Planning Specialist Jackie Youssef tells advisors how the new tax law affects clients’ tax planning.
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The status of the recently introduced Canada’s Anti-Spam Legislation (CASL) has been under the limelight for sometime now. It does not seem likely that this law will come into force until late 2013, until all the operational details are made official. Meanwhile, it’s important to understand the recent developments, the progress made by the CRTC (Canada Radio-Television Telecommunications Commission), and the steps to be taken before the law is made official…
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Embassy of the Republic of Indonesia in Abuja
Embassy of the Republic of Indonesia in Abuja
The Embassy of Indonesia in Abuja, Nigeria, has refused to allow staff work from home or observe social distancing despite the outbreak and continued spread of Coronavirus in the country, SaharaReporters can confirm.
Despite pleas to the leadership of the high commission, staff especially Nigerian employees of the embassy have been asked to continue working without recourse to their health.
“The High Commissioner even threatened some staff that if they refused to come to work, they will be fired.
“This is despite the announcement by the FCT authorities that everyone should stay at home to help stop the spread of the Coronavirus,” one troubled staff said on Thursday.
SaharaReporters gathered that the embassy authorities insisted that it cannot regard the verbal directive from the Nigerian Government for residents to work from home.
It was also gathered that despite the matter being brought to their notice, Nigerian Government officials were yet to intervene.
The Indonesian Embassy and in fact several other high commissions in the country employ only contract staff with no health insurance, pension, benefits or allowances.
Nigerian authorities are aware of this gross labour law violation but have failed to act to protect citizens employed in such places.
“They all treat Nigerians the same. Most of them reduce salaries without prior notification and they pay poorly.
“For example, administrative staff earn between N90,000 to N120,000 while drivers, domestic help and cooks earn between N25,000 to N60,000 with no overtime and they also deny women maternity leave,” a top diplomatic source told SaharaReporters.
At the Indonesian Embassy in Abuja, only four Nigerian staff are employed and they mostly serve in domestic capacity.
“We are suffering in our own country. We need government to intervene and ensure that they abide by the laid down rules of their host community, Nigeria,” another staff at the Indonesian Embassy said.
As at the time of this report, an enquiry sent to the Indonesian Embassy via email by SaharaReporters was yet to be responded to while phone numbers listed on the website of the high commission failed to connect when dialed by one of our correspondents on Thursday.
As a way of curtailing the spread of Coronavirus in Nigeria, the federal and various state governments had adopted various measures including restricting public gatherings and advising workers to operate from their houses.
Nigeria has 51 confirmed cases of Coronavirus and one recorded death at the moment with fears growing of a further spread if the stay-at-home order is not complied with by citizens.
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Whistleblowers are the first line of defence against corruption, crime and cover-ups, according to a 2019 paper by the All–Party Parliamentary Group (APPG) on whistleblowing in the UK.
For Sambo Abdullahi, head of internal audit at the Nigerian Bulk Electricity Trading (NBET) Plc, it has been one long tortuous journey. Over the past two years, he has been at the receiving end of the retaliation whistleblowers around the world, including in Nigeria, face for shining the light on malfeasance around them: denial of wages, job losses, expensive court cases, abuse, psychological trauma, blacklisting across their sector, and sometimes death.
Abdullahi has been denied his salary and other allowances since December 2017, threatened, blacklisted, arrested and sued. All of this for acting professionally and responding patriotically to the call of the Nigerian government asking citizens to join the fight against corruption by blowing the whistle on corrupt practices and other forms of wrongdoing in the country.
In two separate courts, in Ifo, Ogun State, and Okitipupa, Ondo State, where in a most brazen abuse of judicial process, Abdullahi was summoned to answer charges of defamation levelled against him by his boss, Dr. Marilyn Amobi, Managing Director of NBET, he easily walked through the doorway of victory. Both cases were struck out on account of Dr. Amobi’s lack of seriousness in prosecuting.
The crisis of corruption in NBET has been going on for almost three years and the government appears not to have any solution. The appointment of Dr Amobi as the second substantive MD/CEO of NBET signified doom not only for Abdullahi as head of internal audit but also for the entire staff of the company. The MD withheld Abdullahi’s salary and other emoluments just because he exercised the right to decline participation in her fraudulent activities and rejected an unwarranted deployment to a new department unilaterally created by the MD to continue to perpetrate fraud.
Abdullahi, a Fellow of the Institute of Chartered Accountants of Nigeria (ICAN), graduated in Accounting from a reputable university and has over two decades of experience. He acquired experiences from both the private and public sectors before joining NBET. He was the pioneer Head of Internal Audit of NBET in 2012; a position he held till 2016 when Dr Amobi joined the company.
Within one month of Dr. Amobi’s assumption of office, Abdullahi discovered the illegal over-payment of N2 billion to two generating plants, Omotosho Power Plc and Olorunsogo Power Plc, both of which have no Gas Supply Agreement (GSA) and Gas Transportation Agreement (GTA) as required by industry agreement. The implication of this fraudulent transaction is that electricity consumers on a monthly basis pay N2billion in excess of what they ought to have paid if this fraud is averted. It is on record that the very first month the fraud was detected, Dr Amobi assumed the role of internal auditor by signing off the payment vouchers.
Her defence for this unlawful violation was that the mandatory GSA and GTA had been waived. The questions for her are, who approved the waiver? Why was the waiver not extended to other thermal plants? And why did the waiver idea come only after the head of internal audit had uncovered the fraud?
Other transactions that made Abdullahi to incur the wrath of Dr. Amobi was his refusal to endorse other payment vouchers for illegal procurement of alcohol using taxpayers’ money, proposed monthly payment of N2.5million to one Engr. Achinaya (an ex-staff of both NEPA and PHCN) without procurement process, procurement of legal advisory services of Azinge & Azinge and Aelex law firms in gross violation of the Procurement Act, and payment for return flight ticket from London for Dr Amobi to resume work in NBET in violation of the NBET Board-approved benefit compensation packages just to mention a few.
As a retaliation against Abdullahi for doing his job professionally, which to Dr Amobi connotes standing in her way, she colluded with the Office of the Accountant General of the Federation to get rid of Abdullahi and his colleague Waziri Bintube. Both were removed from their duly appointed and NBET Board- approved functions as head of internal audit and Chief Finance Officer respectively. While Abdullahi’s salary was stopped, Bintube was sacked.
In response, the duo wrote a petition to the Ministry of Power in 2017. The ministerial committee report was released in March 2018 and vindicated them, while indicting Dr. Amobi. But despite the minister’s (Babatunde Fashola) directives that Abdullahi’s salary should be restored and Bintube reinstated immediately, and in fact that both workers should enjoy the rights of NBET staff, Dr. Amobi refused to comply with the directives.
Till date, she denies Abdullahi his salaries and Bintube has not been called back. Dr. Amobi heads a government agency supervised by a Ministry, but her insolent defiance of a Ministerial order is unprecedented in the history of public sector administration in Nigeria. And it is strange that this is happening under a government that claims to prioritize due process and accountability in the public sector.
As if the stoppage of salaries and sacking were not enough, Dr Amobi got Abdullahi and Bintube detained in the facility of the State Security Services (SSS) for more than twenty-four hours. Several directives by Babatunde Fashola, then Minister of Power, were rebuffed by Dr Amobi who insisted that as an appointee of President Muhammadu Buhari she would only take directives from the president.
While the issue of salary suspension remained unresolved in spite of interventions from the Ministry of Power, Office of the Secretary to the Government of the Federation and the office of the Vice President, among others, Abdullahi approached the National Industrial Court in December 2018, twelve months after the unlawful stoppage of his salaries, with Nigerian Bulk Electricity Trading Plc, Dr Marilyn Amobi (MD/CEO), Hon Minister of Power and the Ministry of Power as defendants.
On March 11, 2020, Abdullahi (the claimant) once again walked the path of victory with the court delivering judgement in his favour. According to Hon Justice O. O. Oyewumi, the act of the suspension of the claimant’s salaries from December 2017 till date was wrongful; the denial of the claimant’s 2017 and 2018 leave was wrongful; the 1st and 2nd defendants, contrary to its terms and conditions of service, withheld the claimant’s salary and other emoluments wrongfully. The judge ordered the payment of Abdullahi’s salaries and other allowances, noting, “All sums awarded in the judgement is to be paid within 30days of the judgement, failure upon which it attracts 21% interest thereon per annum.”
While the case lasted in court, the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offences Commission (ICPC), Auditor General of the Federation and the Bureau of Public Procurement all issued reports indicting Dr Amobi while recommending her immediate prosecution. Sadly, some higher powers are preventing this from happening.
Governance problems are commonly found in federal government agencies due to either lack of a Board or total collapse of the governance structure. The Director General of the Bureau of Public Enterprises, Alex Akoh, noted in a letter to the Minister of Finance, Budget and National Planning, Zainab Ahmed, dated January 7, 2020, that “for the past 14 months, no Board meeting of the company (NBET) was held, a situation which has serious consequences on the corporate governance of the company”. Truth is, no Board meeting of NBET has held since August 2018 when Professor Yemi Osinbajo, then Acting President, ratified the reconstitution of the NBET Board of Directors recommended by Kemi Adeosun, the immediate past Minister of Finance.
The governance collapse in NBET has entrusted the fate of about 80 million electricity consumers in Nigeria in the hands of Dr Amobi who sees herself as not only untouchable, but also a sort of “Alfa and Omega.” She formulates and executes policies at will, such as changing the company organogram whenever she sees any staff as standing in her way. The entire senior management has passed a vote of no confidence in Dr Amobi but despite this and other fraudulent activities traceable to her, no action was taken by the government to ameliorate the problem in the power sector and curb the continuous fraud being perpetrated in NBET.
The Minister of Power of Power Engr. Sale Mamman, in December 2019, made a daring move to respond to the situation by suspending Dr. Amobi from office indefinitely. But curiously, he was overruled by President Muhammadu Buhari in less than two weeks and Dr. Amobi was returned to office.
This forced the Minister to fire a letter dated January 8, 2020, to Boss Mustapha, Secretary to the Government of the Federation, detailing investigations by the ICPC, EFCC and the reports of the Auditor General of the Federation which implicated the NBET boss “for breach of due process in the award of contracts and several financial wrongdoings.” In that letter copied to President Buhari, the Minister reminded the SGF of “the additional baggage which the suspended MD carries in the light of the anti-corruption stance of the Federal Government.”
If this government wants to be seen as genuinely fighting corruption, the NBET case is a golden opportunity to faithfully demonstrate that conviction. Dr. Amobi has been indicted for corruption by government anti-corruption agencies. The place for her, therefore, is the courtroom, not a cushioned seat of a government agency.
Meanwhile, before Dr. Amobi’s prosecution, government should direct her to obey without delay the judgment of a court of competent jurisdiction in the suit filed by a whistleblower, Sambo Abdullahi, the head of internal audit of NBET.
In addition, government should realize that all whistleblowers deserve full and effective protection from all kinds of retaliation, without which its whistleblowing policy will not succeed as an instrument for reducing corruption in the country.
Onumah and Onyeacholem are with the African Centre for Media & Information Literacy (AFRICMIL)
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Chido Onumah and Godwin Onyeacholem
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A follower on Twitter asked me on Saturday whether it is “constitutional” for the government to restrict religious and social gatherings because of Coronavirus?
By virtue of Section 45 of the 1999 constitution, the rights to peaceful assembly and free movement can be interfered with in the interest of public health and public safety. Is Coronavirus a threat to public health and public safety? The answer is obviously in the affirmative.
Section 14 (2)(b) of the constitution states that “the security and welfare of the people shall be the primary purpose of government.”
However, I urge President Buhari to declare a state of emergency throughout the federation in line with Section 305 of the constitution.
Section 305 (3)(d) of the constitution, allows for a state of emergency when “there is clear & present danger of breakdown of public order and public safety in the federation or any part thereof requiring extraordinary measures to avert such danger.” COVID-19 is a clear and present danger to public safety.
Unlike in the United States, States in Nigeria cannot declare emergency. A governor supported by 2/3 members of the House of Assembly can only request the president to do so for them as stated in Section 305 (4) of the constitution. This is an example of the fraudulent nature of our federalism.
Since there is no special law to my knowledge, apart from laws establishing national and States emergency management agencies, to address public health crisis, it is necessary for the President to declare a state of emergency in Nigeria to address the outbreak of Coronavirus.
In the absence of a law enabling these restrictions to social and religious gatherings, the legality of these measures is questionable. This is because fundamental rights cannot be derogated from except as prescribed in a law that is “reasonably justifiable in a democratic society.”
It is either a law is urgently enacted across the volatile states or the President invokes the state of emergency clause. As at today, there is no strong legal basis for restricting gatherings. None of the governors or the President has issued even an ordinary ‘Executive Order’.
In the United States for example where we copied our presidential system, President Trump declared a national emergency, and at least 48 States in the US have also declared emergency due to COVID-19. The American Congress also passed the Families First Coronavirus Response Act.
In Nigeria, we are resorting to our usual militaristic way of doing things by relying on arbitrary executive fiat to tackle COVID-19. Nations do not become great just by the “good intentions” of politicians. Nations become great principally by adhering to the rule of law.
In the light of the foregoing, I strongly urge the federal and state governments to urgently take steps to address the apparent legal loopholes in their efforts to tackle Coronavirus. It is obvious that Nigeria is not prepared for an outbreak. We are doing trial and error.
We need a legal framework; not only to give legal backing to the restrictions on the fundamental rights of Nigerians to religion, association, assembly, movement, etc., but to also provide for reliefs for families and victims of COVID-19.
We should not wait for the worst to happen.
I wish to draw the attention of the government to the decision of the Court of Appeal in the celebrated case of Okafor v. Lagos State Government (2017) 4 NWLR (Pt. 1556) 404 where it was held that disobeying the “order” or “directive” of a governor is not a criminal offence.
In that case, Lagos State issued an order restricting movement during environmental sanitation, Okafor was arrested for disobeying the order. The court declared the arrest illegal and unconstitutional since there was no law that criminalized violation of the governor’s order.
Without a law or a state of emergency, it is illegal to arrest anyone for violating a mere executive order. Emotions cannot change the law. If religious leaders whose places of worship have been closed decide to challenge the closure in court, the government will likely lose.
I hope the government at all levels will listen to the voice of reason and initiate appropriate legal frameworks to support the containment of COVID-19. It is either we are a country of laws or a banana republic.
We should not yield to authoritarian rule because of expediency.
Inibehe Effiong is a Lagos-based legal practitioner and human rights activist
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L-R: Ifemosu Michael Adewale and, Prof Felix Salako
L-R: Ifemosu Michael Adewale and, Prof Felix Salako
A student of the University of Agriculture, Abeokuta, who was expelled for writing an open letter to the school’s management over issues of transportation and insecurity on campus, Ifemosu Michael Adewale, has raised the alarm over plans to kill him.
In a petition written to President Muhammadu Buhari, Ogun State governor, Dapo Abiodun, and heads of law enforcement agencies in the country, Adewale alleged that Vice Chancellor of FUNAAB, Prof Felix Salako, was currently doing everything possible to kill him.
According to the young man, he had been receiving death threats from different persons, who have told him that he would suffer for speaking against Salako.
Adewale said that he was crying out so that the world would know where his death came from in case he was killed.
He said, “At exactly 1:00am on Tuesday, March 17, 2020, some hired assassins came to my apartment around Apakila Camp with cutlasses and guns. They tore the net of my room and afterwards moved to the last room in my compound, tore the net and started searching for me.
“When they could not find me, they left but not without warning that they were going to deal with me for fighting the VC.
“Earlier, I had received a lot of calls from private numbers telling me that they would kill me for challenging my unlawful and illegal expulsion from the university and ridiculing the Vice Chancellor.
“Prof Salako is close to those in power, whereas I am an ordinary citizen.
“I am crying out publicly so that at least the world will know where my death came from and I will not join the long list of unresolved murders. My killer should at least be known.”
But when contacted by SaharaReporters, spokesperson for FUNAAB, Dr Lydia Onwuka, denied the allegations, insisting that the VC, Prof Salako, has no reason to go after the life of Adewale or any other person in fact.
She said, “There is a matter in court but let me just say that the VC has no reason to kill Ifemosu Adewale or any other person.
“The allegation is not founded on any proof or fact, so it is not true.”
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How often should you rebalance your portfolio? How much income should you save? Will new tax law changes affect your asset location strategy? Maria and Joel tackle your questions in this episode dedicated to advising new and experienced investors using plain talk.
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PETALING JAYA: Faced with the deadly Covid-19 virus, the government implemented the movement control order (MCO) as a lesser measure to contain the pandemic.
The MCO was favoured to a full lockdown as the latter might cause deep inconvenience to the people.
While the move, as a preliminary measure to counter the spread of the disease, was welcomed by the majority, it is not the case with a segment of obstinate Malaysians who are not adhering to the MCO and are going about their daily lives as usual, totally unperturbed by the pandemic.
Members of the police force are at their wits end.
Since the MCO came into force on Wednesday, it has been a gruelling task for personnel nationwide who are “chasing” those who continue to treat the order lightly. These selfish and stubborn individuals are taking to the outdoors without any concern for their own safety, that of their families and others who come in contact with them.
Should they become infected with the feared virus from their careless behaviour, these irresponsible individuals are a threat to the health of other Malaysians including those who abide by the MCO.
Law-abiding Malaysians viewed with utter disgust several videos which went viral since yesterday, showing a number of people who are turning the MCO into an outdoor leisure-seeking break.
One video taken in Johor Baru showed more than 50 adults and children passing their time at a playground in a residential area, playing basketball or idling away.
A police car arrives at the scene with its sirens blaring and beacons switched on but the crowd does not budge.
When a personnel makes an announcement with a hailer urging the people to return indoors in accordance with the MCO, it falls on deaf ears.
It was not until an exasperated policeman steps out of the patrol car and walks towards the people does the crowd decide to disperse.
Another video showed a group of men who were playing checkers in the open at an unnamed location in Selangor being advised to head indoors by police.
In Alor Star, police cars arrived at a house to advise its dwellers to call off a large kenduri they were holding.
Dozens of other videos of people enjoying meals, gathering, loitering and setting up food stalls, all outdoors, are making the rounds.
With the reckless behaviour of such Malaysians, perhaps it is time they face the full brunt of the law.
Laws of the Penal Code and Prevention and Control of Infectious Diseases Act 1988 should be invoked and police be given consent by the higher-ups to arrest and prosecute those who fail to adhere to the MCO.
This will not simply serve as a lesson to those who flout the law but also a deterrent to the rest.
This should be done at the soonest to further counter the pandemic and in honour of the sacrifices our frontliners who put their lives on the line – the hundreds of medical personnel caring for over 900 infected patients battling the disease and the thousands of police personnel upholding the MCO.
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Unmanned aerial vehicles (UAV), commonly known as drones, are widely used in mapping, aerial photography, rescue operations, shipping, law enforcement, agriculture, among other things. Despite great potential for improving public safety, use of drones can also lead to very undesirable situations, such as privacy and safety violations, or property damage. There is also the highly concerning matter of drones being harnessed to carry out terrorist attacks, which means a threat to public safety and national security.
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France’s highest court has ruled that many common crops are illegal because they contain genetic mutations, but enforcing the law will be near impossible
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