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1999 Constitution falls short of standard

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By Tom Okpe

Speaker of the House of Representatives, Femi Gbajabiamila, on Tuesday said the 1999 Constitution of the Federal Republic of Nigeria failed to address some critical national questions confronting the country hence the resolve by the Legislature to amend it.

Saying that a nation’s constitution is not only the foundation of its existence but is supposed to set the terms of the nationhood and define the manner that reflects her common truths and highest aspirations, the Speaker noted that “Our constitution falls short of this standard.”

He said the reason for that was “because the 1999 Constitution is the product of a hurried national compromise that we entered into two decades ago in order to ensure that the military returned to the barracks and that we returned to democratic government.”

Gbajabiamila, who spoke in Lagos while declaring open the public hearing on the review of the Nigerian Constitution, said the National Assembly could only achieve the task after getting the inputs and support of the citizens.

Participants at the 2-day public hearing included the Deputy Governor of Lagos State, Dr. Babafemi Hamzat, who represented Governor Babajide Sanwo-Olu; members of the House of Representatives Special Committee on the Review of the Constitution; members of the Nigerian Union of Journalists (NUJ); Nigerian Labour Congress (NLC); representatives of political parties, Civil Society Organisations (CSOs), youth organisations and market women.

The speaker said though the current exercise is not the first of its kind, it might be the most important one in the nation’s recent history as the decisions to be made would have far-reaching consequences for the future of Nigeria.

In response to the doubts expressed in some quarters about the exercise, the Speaker noted that there was no perfect constitution anywhere in the world, but that it was imperative for Nigeria to have a near-perfect constitution to enable the country to confront and resolve many of its political, economic and socio-cultural challenges.

The Speaker, therefore, urged Nigerians to participate fully in the ongoing process so that their inputs would be captured for the country to have a new direction, adding that they could not afford to miss the opportunity of addressing their challenges and sustaining their future at this critical moment.

He assured Nigerians of the sincerity of purpose of the 9th National Assembly to deliver a reviewed constitution that everyone would be proud of.

The Speaker stated, “The foundational constitution of the United States of America deemed people of colour to be ‘less than’ and denied women the right to vote. It did not include any limits on the President’s term of office and allowed for citizens to be denied the right to vote for failure to pay the ‘poll tax’. Twenty-seven reviews and amendments, over one hundred years cured these and other defects.

“No nation in the world has a perfect constitution, but we need a near-perfect constitution in Nigeria and we can achieve that through substantive amendments that significantly alter the character of our nation.

“Therefore, the task before us now is to use this process of review and amendment to devise for ourselves a constitution that resolves the issues of identity and political structure, of human rights and the administration of government, resource control, national security and so much else, that have fractured our nation and hindered our progress and prosperity.

“Our job is to produce a constitution that turns the page on our past, yet heeds its many painful lessons. It is not an easy task, but it is a necessary and urgent one.”

He added that “We will not be able to deliver on this historic assignment if we restrict ourselves to tinkering around the edges of the constitution or by imposing upon ourselves artificial redlines that restrict honest conversation.

“All of us in the House of Representatives will work conscientiously and in good faith so that it may be said of us in this process that we made an audacious attempt at creating for our nation a constitution that recognises our diversity and draws strength from it, and addresses once and for all, the fault lines that distract from nation-building.

“It is all too clear that many of our citizens have come to expect too little of our politics and government. We are suffering from the tyranny of low expectations and the cynicism that causes us to believe that the political process cannot produce anything worthy or worthwhile.

“I understand the causes of this cynicism, but I refuse to share in it. I still believe that politics and government in Nigeria can be a force for good and that by our common endeavour we can achieve the vision of a just, peaceful, and prosperous society.

“However, beyond these Public Hearings, you still have an opportunity to make submissions that will be considered and that will help this process achieve the best outcomes. Please, by all means, participate. Let your voice be heard, and let your vision also inform the direction of this process.

“I urge all who have come to participate here today to do so with decorum and respect for one another. Let our deliberations be well-intentioned, well informed and reflect our patriotism. In this way, we will have a most productive engagement over the next two days.”

In his goodwill message, Governor Sanwo-Olu through his deputy, Hamzat, said the need for a special status for Lagos State in the constitution could not be overemphasised.

The governor said being the commercial nerve centre of Nigeria, whatever affects the State has the capacity to affect the entire country, hence the need for a special status.

He also urged members of the National Assembly to prioritise fiscal federalism, local government autonomy, in addition to state police in the ongoing review process.

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KQ resumes Mumbai flights after 4 months

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KQ resumes Mumbai flights after 4 months


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A Kenya Airways aircraft at JKIA. FILE PHOTO | NMG

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Summary

  • Kenya Airways will on Thursday resume flights to Mumbai, ending a four-month hiatus that was occasioned by increased cases of Covid-19 in the Asian state.
  • The airline in a notice to its customers yesterday said it will resume its operations on the route on September 16, 2021 with the first flight departing Jomo Kenyatta International Airport at 7am to arrive in Mumbai at 3:45 pm.

Kenya Airways #ticker:KQ will on Thursday resume flights to Mumbai, ending a four-month hiatus that was occasioned by increased cases of Covid-19 in the Asian state.

The airline in a notice to its customers Monday said it will resume its operations on the route on September 16, 2021 with the first flight departing Jomo Kenyatta International Airport at 7am to arrive in Mumbai at 3:45 pm.

The airline will then resume full operations on the route on September 20, flying three times per week on the Indian route, which is one of the most lucrative destinations on its network.

Passengers on the route will part with Sh46,000 ($419) for one-way air ticket on economy class seats from Nairobi to Mumbai- prices that are relatively the same compared to what it was charging before the Covid-19 pandemic.

“Welcome back onboard! Fly from Nairobi to Mumbai starting Thursday 16th September with normal schedules resuming from Monday 20th September 2021,” said the airline in a notice to its customers yesterday.

KQ Suspended passenger flights to and from Mumbai on April 30 until further notice, following a government directive on travel between India and Kenya due to a Covid-19 crisis in that country.

The airline said on Friday that passengers who had booked tickets after May 1, the date of the last flight from Mumbai to Nairobi, will have to change their plans.

Affected passengers, KQ said, could also take vouchers for the value of their fare for future travel within 12 months.

India has seen soaring infection rates in the recent days, since the discovery of a new virus variant. Last month, India put on lockdown one of the states following a spike in cases of Covid-19.

Other countries that have banned flights to India include France, the UK Bangladesh, Oman and Hong Kong that have banned travel to and from India or asked their nationals coming from the Asian country to isolate themselves in government-approved hotels.

India has so far detected 33,264,175 corona virus cases with the number of deaths hitting 442,874 as at September 13.

A large number of patients from Kenya also travel to India every year for specialised medical treatment, especially cancer care, helping to drive medical tourism in the densely populated country that boasts affordable and easily accessible healthcare.

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Lower import volumes push mitumba prices to new highs

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Lower import volumes push mitumba prices to new highs


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Man pulls a cart loaded with second-hand clothes at Gikomba Market in Nairobi. FILE PHOTO | NMG

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Summary

  • Traders paid Sh100,527 on average per tonne of the used clothes, popularly called mitumba, compared to Sh96,286 the previous year.
  • Kenya Bureau of Standards (Kebs) banned importation of the clothes from late March through mid-August in a bid to contain the spread of the life-threatening coronavirus infections.
  • Findings of the Economic Survey 2021 suggests dealers shipped in 121,778 tonnes of mitumba in 2020, a 34.02 percent fall compared with 2019 and the lowest volumes since 2015.

The average price of a tonne of second-hand clothing items imported into the country crossed the Sh100,000 mark for the first time last year on reduced volumes in the wake of safety protocols and guidelines to curb spread of coronavirus.

Traders paid Sh100,527 on average per tonne of the used clothes, popularly called mitumba, compared to Sh96,286 the previous year.

Kenya Bureau of Standards (Kebs) banned importation of the clothes from late March through mid-August in a bid to contain the spread of the life-threatening coronavirus infections.

Findings of the Economic Survey 2021 suggests dealers shipped in 121,778 tonnes of mitumba in 2020, a 34.02 percent fall compared with 2019 and the lowest volumes since 2015.

Last year’s drop was the first dip since 2011 when 76,533 tonnes were shipped in compared with 80,423 tonnes the previous year, the official data collated by the Kenya National Bureau of Statistics (KNBS) shows.

The import bill for the merchandise amounted to Sh12.24 billion, a drop of 31.11 percent, or Sh5.53 billion, year-on-year.

TIn imposing the temporary ban on used clothes, Kebs had applied a standard which prohibits buying second-hand clothes from countries experiencing epidemics to ensure disease-causing microorganisms are not imported into Kenya.

Higher quality and relatively lower prices for mitumba has continued to drive demand for used clothes at expense of locally-made products amid higher margins enjoyed by traders largely operating in informal markets.

The lucrative second-hand clothing market has seen traders from China —a key source market for the merchandise —open shops in Gikomba, Kenya’s largest informal market for mitumba, in recent years to cash in rising demand.

Earnings from exports of articles of apparel and clothing accessories fell 5.32 percent to Sh32.92 billion last year compared with 2019, data indicates.

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Court backs Atwoli union in horticulture membership feud

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Court backs Atwoli union in horticulture membership feud


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Cotu boss Francis Atwoli. FILE PHOTO | NMG

Summary

  • A trade union that is led by the long-serving Central Organisation of Trade Unions (Cotu) boss Francis Atwoli has survived an attempt to stop it from representing over 60,000 workers in the horticulture industry.
  • Newly registered Kenya Export, Floriculture, Horticulture, and Allied Workers Union (Kefhau) had filed as a case in the Employment and Labour seeking to bar the Atwoli-led Kenya Plantation and Agricultural Workers Union (KPAWU) from representing workers in the industry.

A trade union that is led by the long-serving Central Organisation of Trade Unions (Cotu) boss Francis Atwoli has survived an attempt to stop it from representing over 60,000 workers in the horticulture industry.

Newly registered Kenya Export, Floriculture, Horticulture, and Allied Workers Union (Kefhau) had filed as a case in the Employment and Labour seeking to bar the Atwoli-led Kenya Plantation and Agricultural Workers Union (KPAWU) from representing workers in the industry.

Mr Atwoli is the secretary-general of KPAWU. The rival union claimed KPAWU had encroached on its area of workers’ representation.

Justice James Rika, however, dismissed the claim and ruled that the dispute should have been taken through conciliation, and was therefore presented in court prematurely.

He also stated that Kefhau must go beyond its registration and recruit sufficient members from the employers, to be granted recognition and organisational rights.

“Registration on its own, does not afford the claimant (Kefhau) recognition. Until there is proof that Kefhau has satisfied Section 54 of the Labour Relations Act, the status quo must be maintained,” said the judge.

“Kefhau must recruit at least 50 percent plus one, of the unionisable employees in the floriculture and horticulture industry, members of the Agricultural Employers Association to be considered for recognition,” he stated.

He noted that there is a Recognition Agreement and CBA, binding Mr Atwoli’s union and Agricultural Employers Association, affecting 73 Flower Growers Group of employers, and over 60,000 employees.

“It is objectionable for Kefhau to be allowed organisational rights, and the legitimacy to receive trade union dues and agency fees, from over 60,000 employees, just on the strength of registration as a trade union,” said the judge.

Kefhau wanted the court to declare that it is the sole trade union, which is allowed by its constitution to carry out activities in the export floriculture and vegetable industry, and an order restraining Mr Atwoli’s from representing workers in that area.

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