FG EMBARKS ON DECISIVE EMERGENCY INTERVENTION ON BENIN-ASABA EXPRESSWAY The Honourable Minister of Works, Engr. David Nweze Umahi, CON, FNSE, FNATE, has kick-started the Federal Government’s emergency intervention on the Benin–Asaba Highway under the Ministry’s “Operation Rescue” initiative, aimed at restoring safe, smooth, and uninterrupted movement along the critical corridor. The intervention, to be carried out by the Ministry, through the hiring of equipment and direct implementation, is a demonstration of its determination to address the severe deterioration of sections of the road and bring immediate relief to motorists, commuters, businesses, and the affected communities. He made this known during the inauguration of *"Operation Rescue Benin -Asaba Expressway”* at Benin City, Edo State on Thursday, 24 September, 2026. The Benin–Asaba Highway is a strategic Federal Highway that commences at AIF Roundabout in Benin City, Edo State, and terminates at Summit Junction in Asaba, Delta State, with a distance of 125km. It was concessioned to the Benin-Asaba Expressway Concession Company (BAECC) by the immediate past administration but the handing over of the site was performed by the present one in March, 2025. However, it has since been proven that the Concessionaire lacks the technical and financial capabilities to execute the project. This was established by the *Independent Engineer (I.E.)* for the project, *Messrs Yolas Consultants Limited*.* Considering the plight of road users and the continued deterioration of the concessioned road, the I.E. advised the Ministry to urgently take all necessary steps to save it from further deterioration, avert further gridlock, assuage the suffering of motorists, as well as save the Federal Government from embarrassment. Engr. Umahi has personally been monitoring the implementation of the concession project, through several site visits and issued instructions via the I.E. for the *Concessionaire* to stick to the Ministry’s standards and methodology, which were not complied with leading to the worsening of the road condition. Hence, the Ministry’s intervention to save the critically failed sections of the Expressway, through the deployment of equipment and personnel. The Federal Ministry of Works, according to the Minister, is poised to alleviate the hardship being experienced by road users and communities on the corridor, alike. He reiterated that the Federal Government would not allow the condition of a major national artery to continue to undermine economic activities, the movement of people, goods, and services, as well as the safety of road users and the host communities. He stressed that the emergency intervention is focused on achieving immediate traffic relief, while providing a sustainable engineering solution to the identified problem spots. According to him, the intervention is also being driven by the overriding need to protect public interest and ensure that Nigerians using the road are not left to bear the consequences of the deteriorating infrastructure occasioned by the lapses of the *Concessionaire.* The Minister emphasised that *” this is not a new contract but an immediate solution to the plight of road users.”* He reaffirmed the commitment of President Bola Ahmed Tinubu’s administration to restoring critical road infrastructure across the country and ensuring that emergencies receive prompt and decisive attention. *“Operation Rescue”* is about immediate action, restoration of movement, and protection of the travelling public and communities along the corridor. *“We are determined to address the failed sections and, thereafter, provide a durable solution that will serve Nigerians for many years,”* the Minister asserted. Engr. Umahi called on road users and people along the corridor to cooperate with the Ministry’s officials and traffic-management personnel, as emergency works commence, assuring them that the Ministry would continue to monitor progress and take all necessary measures to minimise hardship during the period of the intervention. “*I am pleading with motorists to exercise patience, observe traffic-management directives and drive cautiously around active construction zones,* he stated. Engr. Umahi highly commended President Tinubu's concern over the well-being of citizens, reiterating that *”the Ministry remains committed to restoring the Benin–Asaba Expressway to a safe, functional and durable condition in the overall interest of Nigerians and the national economy."* Before this, the Governor of Edo State, His Excellency, Senator Monday Okpebholo had demonstrated his commitment to the welfare of his people during the protest in August, 2026 caused by the bad state of the road by immediately identifying with the situation and dispatching his Chief of Staff to appeal for calm and reassure the affected communities and motorists of immediate remedial action. Speaking at the Ceremony, His Excellency appreciated the President of the Federal Republic of Nigeria for his prompt and decisive intervention, as well as the Minister of Works for his continued commitment to the provision of road infrastructure across the country. The Governor of Delta State, His Excellency, Sheriff Oborevwori, represented by his Deputy, Charles Anaogu, expressed much gratitude for the immediate response in restoring the all-important road. *”It is a well-desired action to better the lives of the people of Delta State and the general public,* he added. The *representative of the Managing Director of the Niger Delta Development Commission (NDDC),* applauded the President for his commitment to the development of the Niger Delta region. He also commended the Honourable Minister for his steadfastness to the welfare of the people of the zone and Nigerians, at large. Delivering the Welcome Address earlier, the Special Adviser to the Edo State Governor on Project Implementation and Monitoring, Engr. Phoebe William Bello, described the rescue operation as very timely in reinstating the critical transportation corridor connecting communities, facilitating mobility, commerce and trade between Edo and Delta States with the other parts of the country. Therefore,*its importance cannot be overstated,”* she noted. The occasion was graced by lots of dignitaries and Goodwill Messages were delivered by the Deputy Governors of Edo and Delta States, the Rt. Honourable Speaker of the Edo State House of Assembly, the Youth Leader of Ikpaba Hill Community, and other stakeholders, who unanimously eulogised the Federal Government’s proactive response.
95% OF NIGERIANS DEPEND ON ROAD TRANSPORT — PERMANENT SECRETARY The Permanent Secretary, Federal Ministry of Works, Engr. Olufunsho Adebiyi, FNSE, has disclosed that approximately 95 percent of Nigerians rely on road transport for their movement and the transportation of goods and services across the country. Engr. Adebiyi made this known, while delivering his Address at the 30th Meeting of the National Council on Works, which opened today, 3rd November 2025, at the Adetiloye Hall, Trade Fair Complex, Ado-Ekiti, Ekiti State. He explained that despite the development of other modes of transportation such as rail, air, and water, road transport remains the dominant means of mobility in Nigeria — a situation that places enormous pressure on the nation’s road infrastructure. “The resultant effect is heavy traffic volume and rapid deterioration of our pavements caused by heavy-duty vehicles and cargo movements,” he stated. The Permanent Secretary emphasised that the completion and effective utilisation of the national rail network would significantly reduce road congestion, improve safety, and enhance economic efficiency. “If rail transport becomes fully operational and reliable, many Nigerians would prefer to travel by train. It is cheaper, safer, faster, and less stressful,” he disclosed. Engr. Adebiyi expressed appreciation to the Governor of Ekiti State, His Excellency, Mr. Biodun Abayomi Oyebanji, for hosting the milestone event and for the warm hospitality extended to delegates. He noted that holding the Council meeting in Ado Ekiti was symbolic, as it provides an opportunity to showcase the state’s infrastructure development strides. He also lauded the Honourable Minister of Works, Sen. (Engr.) David Umahi, CON, FNSE, FNATE, and the Honourable Minister of State for Works, Bello M. Goronyo, Esq., for their exceptional leadership and untiring commitment to improving the nation’s road network, ensuring transparency in project implementation and management, and upholding professional standards in engineering practice. The theme of the 30th National Council on Works, “Discipline, Transparency, and Innovation in Engineering Practice,” underscores the Federal Government’s resolve to entrench integrity, accountability, and creativity in infrastructure management and delivery. According to Engr. Adebiyi, the theme reflects the nation’s commitment to ensuring value for money in public projects through ethical practices, openness in procurement, and the adoption of modern technologies to achieve durable and sustainable infrastructure. He further called on all delegates and other stakeholders to engage in constructive deliberations during the Technical Sessions to develop practical strategies that will enhance service delivery, strengthen institutional capacity, and promote economic diversification through efficient road networks. The meeting brought together Commissioners for Works from all the 36 States of the Federation and the Federal Capital Territory (FCT), Permanent Secretaries, Directors, representatives of professional bodies, contractors, and other key stakeholders in the works and infrastructure sectors. In her remarks, the Director of Planning, Research and Statistics, Federal Ministry of Works, Mrs. Emily I. Sounde, also expressed heartfelt appreciation to the Government and good people of Ekiti State for hosting this important national event in such a calm, secure, and beautiful environment. She described Ekiti State as “a wonderful land, where nature’s beauty meets tranquility,” noting that the hospitality extended to delegates made the state a truly fitting venue for this year’s Council meeting. Mrs. Sounde emphasised that the National Council on Works remains a veritable platform for formulating policies and strategies that guide the growth and performance of Nigeria’s infrastructure sector. She reaffirmed the Ministry’s commitment to evidence-based policy formulation, robust data systems, continuous research, and stakeholder engagement — all in line with national priorities and global best practices. She encouraged delegates to use the opportunity of the forum to evaluate current policies, identify implementation gaps, and propose actionable strategies to improve service delivery and sustainability in the works sector. The Director further commended the Honourable Ministers of Works, the Permanent Secretary, and all delegates for their leadership, vision, and dedication to advancing the nation’s infrastructure development. Speaking earlier, the Director of Civil Engineering, Ekiti State Ministry of Works, Engr. B. J. Oke, reaffirmed the State Government’s commitment to ethical governance, transparent procurement processes, and sustainable infrastructure delivery. He stated that “As we commence this important engagement, let us approach our deliberations with discipline in thought, transparency in purpose, and innovation in action — for these remain the enduring foundations of progress in Nigeria’s engineering and works sector,” he stressed. The 30th National Council on Works will continue in Ekiti State tomorrow through Friday, with active participation from Commissioners of Works and Infrastructure Development, Permanent Secretaries, Directors, Engineers, Contractors, and other key stakeholders from across the Federation. Mohammed A. Ahmed Director, Press and Public Relations. 3rd November 2025. ...
TINUBU BUILDING ROADS THAT CAN LAST 50 TO 100 YEARS — Says UMAHI The Honourable Minister of Works, Engr. David Umahi, CON, FNSE, FNATE, has reaffirmed the Federal Government’s commitment to delivering durable road infrastructure capable of lasting between 50 and 100 years. He made this statement during a follow-up inspection of ongoing works on the Abuja–Kaduna–Zaria–Kano Expressway, Section I (Abuja-Kaduna) on October 28, 2025. Speaking to newsmen, Engr. Umahi explained that the Ministry is adopting modern construction methods and using materials that ensure road longevity and sustainability under varying climatic and traffic conditions. “You cannot achieve a better California Bearing Ratio (CBR) by simply bringing laterite on the road. The existing subgrade, which has consolidated over years of traffic, has a stronger bearing capacity than a new one. That is why we are changing the approach — we are insisting on milling, stabilising, and strengthening, rather than removing old asphalt layers and replacing them with new materials,” the Minister stated. He praised the contractor, Messrs Infiouest International Limited for the quality of work done so far, noting that the project’s design is among the most advanced in the country. He further explained the engineering method being applied to ensure lasting results. “Wherever we have potholes within the carriageway, we don’t just patch. We treat the entire section using a stone base and, where necessary, stabilise it with cement. On the shoulders, we excavate about 10 centimeters below the existing asphalt, refill with a stone base slightly above the level, and compact properly. This ensures stability and prevents water from undermining the structure,” he revealed. Engr. Umahi emphasised that proper milling and concrete reinforcement at critical points are key to extending the life span of Nigerian roads. “Our design now prioritises rigid pavement (concrete roads) for major highways, while flexible pavements (asphaltic roads) are being phased out gradually. Where asphalt is used, we are introducing concrete shoulders to enhance strength and prevent failure. The goal is to ensure that no section of the road fails prematurely,” he further explained. The Minister also cautioned Engineers and Contractors against tampering with existing asphalt layers that are structurally stable. “Asphalt has a designed lifespan of about 25 years. When it is milled and recycled properly, it can serve even longer. We must adopt international best practices and stop unnecessary replacement of strong materials,” he advised. Engr. Umahi concluded by reiterating the Federal Government’s commitment to ensuring that all ongoing projects meet the highest quality standards and deliver value to Nigerians. “We are building roads that will stand the test of time — roads that will last 50 to 100 years, save public funds, and promote economic growth, he affirmed. The Honourable Minister of State for Works, Bello Muhammed Goronyo, Esq., has also reaffirmed that the administration of President Bola Ahmed Tinubu, GCFR, under the Renewed Hope Agenda, remains fully committed to improving the road infrastructure across the nation. He commended the Minister of Works, Engr. David Umahi, for his dedication and hands-on approach in the field, particularly in mentoring and inspiring young Engineers to contribute, meaningfully, to national development. The Director of Highways, Special Projects (North), Engr. Olufemi Adetunji, also commended the pace and quality of work being executed by the Contractor, noting that the Minister’s consistent inspection visits are helping to ensure timely and high-standard project delivery. In his remarks, the Chairman of Infiouest International Limited, Mr. Joseph Aboue Jaoude, stated that the company has deployed about 300 units of equipment to the project to ensure efficient operations and the delivery of quality work within schedule. Similarly, the Special Assistants to the President (S.A.-P) on Community Engagement, North Central and North West Zones, Dr. Abiodun and Hon. Abdullahi Tanko Yakasai appreciated the efforts of the current administration in transforming the nation’s road network, describing the progress as a true reflection of the President’s commitment to development and quality service delivery to the Nigerians. ...
Ministry Officials Pay Condolence Visit to Essan Community Over Lives Lost in Tanker Explosion ~ Promise Accelerated Palliative Works The Federal Ministry of Works has extended its heartfelt condolences to the people of Essan Community in Katcha Local Government Area of Niger State following the tragic tanker explosion that claimed several lives and caused extensive damage in the area. The delegation, on behalf of the Honourable Minister of Works, Engr. David Umahi, CON, expressed deep sorrow over the unfortunate incident. The Director, Highways, North Central, delivered the Minister’s message. Salihu Kolapo Ahmed, during a visit to the community head, the Dekechi of Essan, Alhaji Muhammad Dauda Muhammad. Engr. Umahi commiserated with the bereaved families and the entire community, describing the incident as a painful and avoidable tragedy. He assured the people that the Federal Government remains committed to improving the condition of the road network in the country to prevent similar accidents in the future. > “The Federal Ministry of Works mourns with you at this difficult time. We pray for the peaceful repose of the departed souls and strength for the families they left behind,” Engr. Umahi conveyed through his representative. “This sad event underscores the urgent need to accelerate, especially, the ongoing Reconstruction of the Lambata-Lapai-Agaie-Bida Road in Niger State. We are fully committed to ensuring safer and more reliable road infrastructure to avert future occurrences of such tragedies.” Following the message, prayers were offered for the repose of the departed souls and divine comfort for the grieving families. Responding, the Dekechi of Essan, Alhaji Muhammad, expressed deep appreciation to the Honourable Minister for his compassion and prompt response. He lamented the poor condition of the road linking the area, describing it as a “death trap” that has continued to endanger the lives of road users. > “We thank the Honourable Minister for standing with us in our moment of grief. The bad state of the road has made movement extremely difficult and dangerous. We appeal to the Federal Government to give urgent attention to this route so that lives can be saved,” the community head said. He called on the management of the Federal Road Safety Corps (FRSC) to stop, forthwith, the overburdening of articulated vehicles with human beings, revealing that most of those who lost their lives in the inferno were such travelers not indigenes. The Ministry reaffirmed its resolve to prioritise the reconstruction of the road as part of ongoing efforts to enhance road safety, ease transportation challenges, and support economic development in the State and Nigeria, in general. “The Honourable Minister has directed that immediate assessments be carried out on the affected section with a view to implementing lasting engineering solutions that will improve safety and mobility,” Engr. Ahmed stressed. The visit underscores the Ministry’s human-centered approach under the leadership of Engr. David Umahi, CON, remains focused on building durable road infrastructure and responding promptly to the needs and concerns of Nigerian communities affected by road-related tragedies. Engr. Ahmed described the pace of work on the affected alignment as “too slow and unacceptable,” directing the contractor, Messrs CGC (Nig.) Ltd. to quickly deploy more resources and approach the work from more locations. “The contractor needs to mobilise more equipment to the site and let us have free movement of vehicles. Failure to do so, in the next few days, will attract decisive action,” he stated. The Project Manager, Mr. Fan Bo, assured that the company would mobilise more equipment within days to intensify work and ease the movement of people, goods, and services on the critically failed portions of the road. The Deputy Director, Construction at the Ministry of Works and Infrastructure Development, Niger State, Engr. Nasir Ahmed, disclosed that the Minister’s directive was aimed at ensuring free vehicular movement and reducing frequent accidents along the busy corridor. “This is a follow-up to the Niger State governor’s efforts. The Minister wants serious action so that there will be no more gridlocks or accidents on this road,” he added. He urged motorists, especially truck drivers, to remain patient and cooperate with the contractors during the construction period. “Their impatience causes a lot of the nuisances we see. They should be patient and follow instructions so that work can progress smoothly,” he advised. The 124.8-kilometre project, awarded several years ago, was phased into two sections by the current administration, with Phase 1 covering 92 kilometres from Lambata to Agaei, valued at N39 billion, remaining 10 kilometres to completion, and Phase 2, which covers the most critical section from Agaei to Bida, is soon to be awarded. ...
Varsity Lauds Fashola Over 2.0 km Internal Road Intervention
• Minister of Works and Housing, Babatunde Raji Fashola has been commended for the 2.0 kilimeters road Intervention project done in the Usmanu Danfodio University, Sokoto (UDUS)
Vice Chancellor of the University, Prof. Lawal Sulaiman Bilbis gave the commendation during the official handover of the completed road to the University, Wednesday, March 9, 2022.
The Minister, represented by the Federal Controller of Works in Sokoto State, Engr Akintunde Akintade, said that the Ministry is working on 76 road projects in selected Federal Tertiary Institutions across the nation.
"We have successfully intervened in the internal road networks of 46 tertiary institutions and handed over 29 as at 2021 and we now have another 17 ready to be handed over, while we are currently attending to 30 roads in similar institutions across the country making a total of 76," he said
Fashola explained that there were clear indications that responses from institutions who benefited with the intervention revealed that the gap of the infrastructure needs is steadily being bridged by a gradual process of repairs and construction on the major highways and schools.
Accordingly, he added that the construction of the internal roads in the tertiary institutions by the Federal Government has enormously helped the students' renewed enthusiasm to attend classes because bad roads across the tertiary institutions have been restored to good condition.
Similarly, the Minister explained the project has created jobs for no less than ninety (90) people during the execution which contributed tremendously to the job creation initiatives of Buhari’s administration.
In his response the Vice Chancellor of UDUS, Prof. Lawal Sulaiman Bilbis, who was represented by the Deputy Vice Chancellor (Academic), Prof. Garba Mahuta applauded the Minister His Excellency Babatunde Fashola for the intervention, describing it as a giant stride in the course of humanity
Prof Bilbis stated that the rehabilitation of the road commenced last year and was completed 100 percent by the Federal Ministry of Works and Housing under the able leadership of Minister Fashola
The President of the Students Union Government (SUG), Umar Shamsudeen, said he was so delighted with the road project and under his tenure the project would be protected and maintained, adding that the road would enhance the environment and improve teaching and learning.
While speaking, the Sector Commandant of 10.1 of Federal Road Safety Commission (FRSC), Sokoto State, Muhammad Kabo, appreciated the effort of the Federal Government in putting the road in good condition and appealed to the road users to always observe road signage and speed limit.
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
DRIVING NIGERIA’S FUTURE: CELEBRATING TWO YEARS OF TRANSFORMATIVE LEADERSHIP AND THE LAGOS-CALABAR COASTAL HIGHWAY MILESTONE
DRIVING NIGERIA’S FUTURE: CELEBRATING TWO YEARS OF TRANSFORMATIVE LEADERSHIP AND THE LAGOS-CALABAR COASTAL HIGHWAY MILESTONE
MID -TERM REVIEW MEETING ON THE IMPLIMENTATION OF THE DECISIONS REACHED AT THE 29TH NATIONAL COUNCIL ON WORKS (NCW) DAY 1
MID -TERM REVIEW MEETING ON THE IMPLIMENTATION OF THE DECISIONS REACHED AT THE 29TH NATIONAL COUNCIL ON WORKS (NCW) DAY 1