Adams Oshiomhole Finishing Weak and Bruised!

The Edo State chapter of the Peoples Democratic Party, PDP has said the state governor, Adams Oshiomhole is finishing his administration weak and bruised sequel to the controversies that has marred his government policies in the last few weeks.

Oshiomhole has been bombarded by civil societies, PDP, youths, elder women and traders in the state for imposing and enacting Land Use Charge on the people despite the outcry against it.

The season of peaceful protest continues in Edo State. Today, women, market women, traders and wives went out to protest the manner and way Gov Adams has been carrying on. The women all clad in Ododo (red), while some are naked exposing their breast.

Protest against Oshiomhole

Last week, the civil society led a very successful protest of up to 10000 men, women and youths against the what they termed as “inhuman tax and government policies” as it affect education, health and employment.

Two days after, it was alleged that the governor paid some unemployed youths to do a “counter protest” that has generally been adjourned unsuccessful.

Responding to the protest carried out in Benin today by elderly women who protested nude to express their anger towards Oshiomhole new Land Use Charge law, the PDP Publicity Secretary, Nosa Chris Nehikhare said rather than act as a palliative to the people’s dire living conditions, the governor began to curse, abuse, threaten  and “misbehave” instead of “presenting his scorecard”.

“In his anger and disappointment on seeing the few misguided youths, the governor went berserk. He deplored all sort of insults and fowl language on his perceived enemies.”

Oshiomhole during the celebration of his 7th year anniversary had appealed to the people that the tax was necessary to cater for the ongoing projects in the state.

The governor had accused the PDP of masterminding a protest against him because of his determination to totally deliver Edo State from many years PDP misrule.

The PDP Publicity Secretary said “Beyond the famed garrulity and the loquacious “Notice Me” mentality of Gov Adams Aliyu Eric Oshiomhole, the Governor of Edo State, the man has an innate penchant for stirring the ‘hornet nests’ on popular issues and individuals. Additionally, Gov Oshiomhole is noted for having a predilection for chronic fault-finding and a holier-than-thou attitude towards other people and a self-imposed image of that prototypical ‘sinless politician’, that has not dipped his fingers into our common patrimony.

 

Nehikhare continued “Governor Adams walked the same unholy path when at his 7th anniversary town hall meeting, he went into a tantrum and like a child whose toys have been removed from him, began to curse, abuse, threaten  and “misbehave” instead of “presenting his scorecard

“In spite of the governor’s promise to the people of Edo State that his administration will engender good governance and cater to the overall welfare of the people, the reverse has been the case, seven years on.  The use of excessive and illogical taxation as an oppression tool found expression and utility value under the Oshiomhole regime. The activation of the morbid Land Use Charge Act is designed to fight political battles, nail perceived enemies and emasculate the opposition in preparation for the epic electoral battle that the 2016 governorship election promises to be.

“There is no gainsaying the fact that the hollow myth surrounding Oshiomhole has come full circle and that the discerning people of Edo State have finally discovered that all along they have been taken on a circus ride.

“If “Finishing Strong” is exemplified by an intimidating portfolio of failed “, mega projects”; inflated “legacy projects”; poorly-finished projects and undelivered “messianic” promises premised on those policies, programmes and projects that would have impacted positively on Edo people, then Oshiomhole should proudly wear the tag of the governor who “Finished Weak and Bruised” at the expiry of his eight-year tenure.

“If “Finishing Strong” is epitomised by unbridled innate rascality, trademark garrulity, combativeness and calculated insolence to both old and young, then “Comrade” Oshiomhole has indeed “Finished Weak and Bruised” and the people of Edo State cannot wait till November 12, 2016 to show him and his All progressives Congress, the Red Card!

“A good leader should embody, exhibit, exude and execute service to his people with undiluted courage, implicit self-confidence, thespian wisdom, truth, positive vision, unwavering impartiality and absolute fear of God.

“In his dealings with the people of Edo State, Adams Aliyu Oshiomhole never employed these leadership virtues.

He is indeed Finishing Weak and Bruised.

 

Adams Oshiomhole Finishing Weak and Bruised!

Land Use Charge: Elderly Women Protest Unclad In Benin

Benin city was put on a stand still today (Tuesday) as elderly women in the state came out in mass to protest the Land Use Charge recently enacted by the Edo State Governor, Comrade Adams Oshiomhole.

Protest against Oshiomhole

Oshiomhole has been accused by many civil societies as well as the youths in the state who believed that the new law will add to the hardship of the people.

A group, Takalawa Parliament had protested, requesting the governor to explain how the Internal Generated Revenue (IGR) and the several loans have been judiciously utilized.

To express their anger, elder people joined the group who believed that such law is not good for the people.

Many of the elder women protested unclad, carrying different playcard with the inscription “Oshio you are a bad man”

 

Land Use Charge: Elderly Women Protest Unclad In Benin

The Edo State Land Use Charge Law - Pastor Ize-Iyamu

As Adams Oshiomhole celebrates lavishly his seven years as Governor of Edo State with all the resources and propaganda machinery available to him, Edo people are bitterly mourning the wasted years, hopes and resources. Some days ago the civil society under the platform of Joint Action Force (JAF) organised a massive public demonstration around the streets of Benin protesting over the government misrule, lawlessness and multiple arbitrary taxation. They particularly frowned against the Land Use Charge Law or property tax which they decried was not only illegal but was also punitive and ill timed. We intend in this post to look at the legality of this law and determine if indeed the State government is right to enforce it.

Osagie Ize-Iyamu

The Land Use Charge Law was signed into law by Governor Oshiomhole on the 7th December, 2012. Its central Focus may be gleaned from its long title which stipulates that it is “a law to make provision for the consolidation of all land based rates and charges payable in Edo State into a single charge to be called land use charge, to make provision for the levying and collection of charge and for purposes connected therewith”. However, a careful perusal of all its 27 sections reveals that rather than being a law “for the consolidation of all land based rate and charges” as claimed in its long title, the law is simply focused on usurping the constitutional functions of local government areas to levy tenement rate on privately owned houses in their respective areas and conferring the functions on the State government. This usurpation is obvious from the provision of section 3(1) of the law which state thus “for the purpose of this law, each local government area in the State may delegate to the State, by written agreement, its functions with respect to the collection of rates and the assessment of privately owned houses or tenement for the purpose of levying such rates as may be prescribed under this law.”

The Land Use Charge Law is patently unconstitutional for reason that the provision of section 3(1) sited above is clearly in conflict with paragraph one. (j) Of the fourth schedule to the constitution of the Federal Republic of Nigeria, 1999 which paragraph expressly confreres local government areas with the functions to assess privately owned houses or tenement for the purposes of levying such rates as may be prescribed in a law made by the house of Assembly of a State. The functions conferred on the local government area by the constitution is sacrosanct and can neither be casually taken away, as the land use charge law purports to do, nor delegated by any local government as the law seems to require of each local government area. In Bamidele v. Commissioner of Local Government (1994), the court held, amongst others, that “if a public body, such as local government in this case, is entrusted with certain powers by statute, it has the duty to perform it. It cannot be deprived from it nor can he surrender it”. It is significant to note that the functions imposed by the constitution which Edo State government purports to usurp or requires local government areas to delegate to it, is even of higher legal nature than statutory power which was the issue in the Bamidele case. Therefore, having regards to the supremacy of the constitution as provided in section 1, voiding any law which conflicts with a constitutional provision, the Edo Land Use Charge law is a worthless piece of legislation being in conflict with the unambiguous provision of the constitution conferring local government areas with exclusive function over tenement rates.

As further proof of his increasing dictatorial propensity, the State governor Adams Oshiomhole has threatened a number of measures against private property owners who refuse to pay the land use charge. One of such threatened measures is seizure of property belonging to such “defaulters”. The threat is in defiance of a number of pending legal actions challenging the legality of the law itself, notable among which is in the case of Oriane Akere, Esq. & others v. Attorney General of Edo State pending before the Edo State High Court of justice. In the suit, the claimants are seeking sundry reliefs against the Edo State Government including a declaration that the land use charge law is unconstitutional, null and void and an order of perpetual injunction restraining the State government from giving effect to the law. While threatening to proceed with enforcement of the disputed law despite the suit, the State government claimed at a time that it was not aware of the suit; when confronted with the fact that government had filed and taken steps in the suit, it somersaulted by asserting rather disingenuously that there was no injunctive order against the government to forestall the enforcement of the disputed law. In a plethora of decided cases, the supreme court of Nigeria has warned against a situation whereby a party which has submitted to a judicial proceeding turns around to take step, while the proceeding is still before the court, which has the implication of compromising the final determination of the suit. For instance, in Ojukwu v. Lagos State (1986), the Supreme Court held that Lagos State government acted illegally when it ordered caterpillars into the property of Chief Odumegwu Ojukwu at NO. 29, Queens Drive, Ikoyi, Lagos while the parties were awaiting the outcome of the suit still pending at the high court of Lagos State over ownership of the said property. In light of this decision alone, the government’s claim that it has not been restrained by an injunctive order from enforcing the law flies in the face of judicial logic. The Attorney General of Edo State who is party in the pending suit against the State government and who is the chief legal adviser of the State duly recognised by the constitution, should pick up the courage to advice government to await the outcome of the suit rather than threatening to take precipitous actions in the guise of enforcing the disputed legislation.

Assuming we are to concede without agreeing that the State government can take away the functions of levying tenements or property charge from the local government area and appropriate it, a careful reading of the land use charge law exposes the very abysmal quality of those administering the government at this point in time. In particular, the quality of legal advice in government is at its best mediocre. This is manifest from the provision of section 9 (1), (2) and (3) of the legislation which virtually exempt all conceivable property from the land use charge. Particularly laughable is section 9 (1) (i) which exempt family compounds from the scope of payment from land use charge. A simple literal interpretation of “family compound” would mean where a family lives. There is hardly any compound or house which is not occupied by a family in the State, whether or not rented. If the government meant to gain revenue through the legislation, the low level quality of legal draftsmen which the State seems to suffer from at this moment has made nonsense of that objective.

It is obvious however that the Edo State Land Use Charge Law is a product of creeping lawlessness and authoritarianism in the State which every right thinking citizen of the State should condemn in the strongest terms possible. While the canvassers of this law pretends that the targets of this law is the rich and those in G.R.A., we have seen a demand notice of a dilapidated mud house/family inheritance on forestry road, Benin City being asked to pay N363, 317.76 which is callous, insensitive and oppressive. Government must not become anti people or forcefully extort from her citizenry because of their profligacy. We again urge the government to retrace its steps and let the people lead. ‪#‎TheFutureIsNow

The Edo State Land Use Charge Law - Pastor Ize-Iyamu

Land Use Charge: Oshiomhole releases N30m to LG chairmen to organize protest in Benin

The State Chapter of the Peoples Democratic Party, PDP has accused the Edo State governor, Comrade Adams Oshiomhole of masterminding a protest that is likely to take place in Benin today (Wednesday)

Governor Oshiomhole

The PDP in a statement released by the state Publicity Secretary Chris Nosa Nehikhare expressed sadness that the governor is wasting scarce resources for unnecessarily things.

According to the inormation, the governor has released N30 million to the to APC party chairmen in the eighten local ogvernment areas to mobilise youth to carry out the protest in the heart of Benin.

The protest is organized to check the successful protest by Edo Civil Society by Takalawa Parliament against the introduction of Land Use Charge, which according to the protesters was a witch hunt to the people who are already struggling to pay previous taxation without anything to show for it.

Mr. Nehikhare said ” Edo PDP has just been reliably informed that Governor Adams Oshiomole and his APC government just released the sum of N30m to APC party chairmen in the eighteen local government areas in the state to mobilize some of the youths it failed to and refused to employ and then stage a protest around Benin City tomorrow Wednesday 11th, 2015.

” We would like to use this medium to advise the governor not to use the scarce state resources for “vendetta” and massage his bruised ego. At this time of imminent economic depression, the governor should adopt a more prudent approach in spending taxpayers money especially when the people have shown that he, as well as his policies have been rejected. He will do well to have a rethink of his style and policies if he wants to warm his way back to the heart Edo people.

“We ask the good people of Edo State, parents as well as youths, to refrain from joining this protest in support of a drowning man. You will be enticed with Edo State money, reject it and ask them to use it to fix our dilapidated roads as well as defray the obnoxious Land Use Charge.

Let him know that Edo state is not for sale! Edo PDP…listening to the cries of Edo People!

Land Use Charge: Oshiomhole releases N30m to LG chairmen to organize protest in Benin