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The six conservative justices on the Supreme Court ruled that President Joe Biden’s student loan debt forgiveness plan is unconstitutional on Friday.

 

The 6-3 decision written by Chief Justice John Roberts means that the 26 million Americans who signed up for the debt forgiveness program will no longer have their debt partially or fully wiped away.


Biden announced his plan to forgive up to $20,000 in student loan debt for more than 40 million loan holders in August 2022. The plan authorized $20,000 in relief to Pell Grant recipients and $10,000 in relief to other borrowers who made less than $125,000 a year in 2020 or 2021. In authorizing the forgiveness plan, Biden cited his authority under the 2003 HEROES Act, passed in the wake of 9/11, to “waive” or “modify” student loan debt terms during a national emergency ― in this case, the COVID-19 pandemic.


But the court disagreed. Roberts’ opinion ― joined by conservative Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett ― declared that Biden lacked the authority under the HEROES Act to eliminate student loan debt.

“We hold today that the Act allows the Secretary to ‘waive or modify’ existing statutory or regulatory provisions applicable to financial assistance programs under the Education Act, not to rewrite that statute from the ground up,” Roberts wrote.

“The authority to ‘modify’ statutes and regulations allows the Secretary to make modest adjustments and additions to existing provisions, not transform them,” he added.

Roberts further stated that the “modifications” to student loan payments were not “moderate” or “minor,” as his definition of “modify” required. Instead, “they created a novel and fundamentally different loan forgiveness program.”

The ruling also declared the debt forgiveness plan to be in violation of the court’s so-called major questions doctrine.


This doctrine allows the court to declare an executive branch policy that the court thinks wasn’t authorized by Congress to be unconstitutional if a majority of justices agree that it is too “major” a policy. Its application is highly subjective.

The major question doctrine acts as a “get-out-of-text-free card” that conservative justices make “magically appear” whenever they see an executive branch policy that goes against their ideological “goals,” Justice Elena Kagan wrote in a dissent in the 2022 case of West Virginia v. EPA.

While the HEROES Act rather plainly states that the president may “waive” or “modify” the terms of student loan debt held by the government, the court’s conservatives decided that Congress did not mean that the president could forgive debt. The plan to provide debt relief was unconstitutionally “major.”

The court concluded “that ‘[t]he basic and consequential tradeoffs’ inherent in a mass debt cancellation program ‘are ones that Congress would likely have intended for itself,’” Roberts wrote, quoting from the West Virginia v. EPA decision.

In dissent, Kagan ― joined by liberal Justices Sonia Sotomayor and Ketanji Brown Jackson ― ripped the majority opinion for exceeding “its proper, limited role in our Nation’s governance.”

“Some 20 years ago, Congress enacted legislation, called the HEROES Act, authorizing the Secretary of Education to provide relief to student-loan borrowers when a national emergency struck,” Kagan wrote.

That law allowed the secretary to “do only what was ‘necessary’ to alleviate the emergency’s impact on affected borrowers’ ability to repay their student loans,” she added.

The secretary could “waive or modify any statutory or regulatory provision” and “replace the old provisions with new ‘terms and conditions,’” Kagan wrote.

“That may have been a good idea, or it may have been a bad idea,” she noted. “Either way, it was what Congress said.”

But instead, “the Court substitutes itself for Congress and the Executive Branch in making national policy about student-loan forgiveness,” Kagan wrote.

“The majority’s cardinal error is reading ‘modify’ as if it were the only word in the statutory delegation,” Kagan said. Rather, it must be read as “one part of a couplet: ‘waive or modify,’” with “waive” meaning “eliminate.”

“Would Congress have given the Secretary power to wholly eliminate a requirement, as well as to relax it just a little bit, but nothing in between?” Kagan asked. “The majority says yes. But the answer is no, because Congress would not have written so insane a law.”

In applying the major questions doctrine, Kagan declared that “the Court puts its own heavyweight thumb on the scales,” by questioning “‘who has the authority’ to make such significant calls.”

“The answer, as is now becoming commonplace, is this Court,” Kagan wrote.

The major questions doctrine as deployed by this majority, Kagan stated, makes the court “the arbiter—indeed, the maker—of national policy.”

“That is no proper role for a court,” Kagan wrote. “And it is a danger to a democratic order.”

Roberts strenuously disagreed, arguing back at Kagan: “The dissent is correct that this is a case about one branch of government arrogating to itself power belonging to another. But it is the Executive seizing the power of the Legislature.”

Kagan also argued that the court should not have issued a decision in the case at all because the state plaintiffs could not prove a harm from the debt relief plan and, therefore, lacked standing to sue. The majority opinion, however, granted standing to Missouri after it argued that the student loan debt servicer MOHELA would not be able to make certain payments to state government coffers due to the relief plan.

The Biden administration has so far refused to put forward a “Plan B” in case the court invalidated the program. After the decision came down, the White House announced Biden would speak about further actions to protect student loan borrowers.


In a separate opinion on a challenge to the policy brought by two students, the court dismissed the case for lack of standing.

The Nigeria Police Force has reportedly arrested and detained its officers attached to the Edo command for running over a handcuffed civilian, Success Ehimare, in the Ekpoma area of the state.

We had earlier on Friday, reported how the officers drove a bus over Ehimare for about 15 seconds despite the pleas from onlookers at the scene.

The spokesperson of the police, Olumuyiwa Adejobi, had also reacted to the situation, saying the officers had been identified at the time the report was filed by this newspaper.

By Friday evening, Adejobi updated Nigerians via his Twitter handle that the officers had been detained at the Edo State Criminal Investigation Department (SCID), where they are undergoing interrogation.

The tweet read, “The Ag. Inspector-General of Police, Olukayode Adeolu Egbetokun, Ph.D., PM, has condemned the disturbing incident where a police team ran a vehicle over a citizen on Thursday, June 29, 2023, at Ekpoma, Edo State.

“The IG has, therefore, directed the erring policemen, who have been in detention in Edo State, to report to the Force Headquarters Abuja on Monday for further action”.

The spokesperson also implored Nigerians to remain calm, specifically residents of Ekpoma where the incident occurred.

“The present leadership of the NPF will not condone such an act of unprofessionalism and illegality” the tweet read.

BACKGROUND

The Edo State Police Command earlier gave insight into what led to the situation.

In a statement made available to THE WHISTLER, the spokesperson of the command, Chidi Nwabuzor, said preliminary investigation indicated that one ASP Magdalene Osayande reported at Ekpoma Divisional Police Headquarters that while on routine stop and search duty with six policemen along Ihumudumu Road, Ekpoma, the team intercepted an unregistered Lexus car and demanded the vehicle particulars from the driver.

The statement read partly: “Along the line, he became aggressive and refused to oblige the request of the Police operatives, but rather attacked them, inflicted injuries on them, and destroyed Police vehicle.

“However, he was arrested, handcuffed, and identified as one Success Ehimare before the incident that is currently trending in social media occurred”.

The command noted that Ehimare was later taken to Irrua Specialist Hospital for medical attention and is responding to treatment.

 

READ ALSO: Force PRO Reacts As Police Crush Man With His Car In Edo State [VIDEO]

 

Saturday, 01 July 2023 02:11

Naira Falls Further To N769 At I&E Window

Naira depreciated to N769.25 against the dollar in the second quarter of the year after the Nigerian Government devalued the naira.

The naira plunged from N763. per dollar traded on Tuesday, June 27 before the Salah holidays on Wednesday and Thursday.

The naira traded as high as N841 per USD above its previous record of N840 on Tuesday.

Between January 1 and June 30th, 2023, the naira devalued from N449.51 per dollar to N769.25.

Consequently, the currency has lost 72.3 per cent of its value.

The Bank of America released a report saying that the naira is underpriced.

According to the BOA, since the floating of the currency, the naira is undervalued by 12 per cent of its value.

BOA said, “We now see a USDNGN fair value of 680 per USD (previously 580). However, USDNGN is likely to trade above this level, with a year-end N700, and a return to N650-N680 in early 2024.

“The caution is transition time, aligning rates and still to unlock more USD into the formal market will take some time. When the dust has settled, the value of the naira should be stronger and appreciating.”

The naira was floated by the Central Bank of Nigeria at the directive of President Bola Tinubu who promised to harmonise exchange rate windows as recommended by the International Monetary Fund and the World Bank.

He said he would sanitise the monetary policy directives of the apex bank that would allow the flow of foreign exchange into the country.

Since the policy was made, the naira has traded slightly above the black market rate, which also closed at N770 per dollar.

Before the CBN harmonised the exchange rates, the naira was pegged at N460 against the dollar by the CBN.

Ayo Teriba, the Chief Executive Officer of Economic Associates, told THE WHISTLER that liberalising exchange rates would first allow the currency to trade close to the parallel market rate.

Teriba said it would later gain against the dollar when liquidity hit the system.

Political stakeholders, traditional rulers and other prominent leaders in the South West geopolitical zone of the country, are set to host President Bola Tinubu to a homecoming.

The milestone event, being bankrolled by the Southwest Presidential Inauguration Celebration (SW PR-IN-CE) is designed to celebrate the electoral victory of the new President and Commander-in-Chief of Nigeria Armed Forces.

Addressing newsmen in Ado Ekiti, the Ekiti State capital, the chairman of the group planning the post-inauguration ceremony, Professor Kayode Familoni, and the head of the media and publicity sub-committee, Femi Odere, said the event will hold the Ojaja Resort in Ile-Ife, Osun State on Saturday, July 22, 2023.


According to Familoni, Governors Biodun Oyebanji (Ekiti), Babajide Sanwo-Olu (Lagos) and Dapo Abiodun(Ogun) and other political leaders from across the country are expected to preside over the event

He added that , Oni of Ife, His Imperial Majesty Oba Enitan Ogunwusi as custodian of Yoruba customs and traditions will be the Father-of-the-Day on this day while the three governors from the region will be Chairman and Co-Chairmen of the unique occasion.

The Professor of Economics, Public & International Affairs, also stated that the celebration will be the first gathering of Yoruba sons and daughters from diaspora and within Nigeria to celebrate a President from their race.

He stated that the event is significant to the unity and progress of the country as exemplified by the new president in his agenda for the country, adding that the people of the South West were determined to support the administration for success.

Familoni maintained that the new president since his assumption of office a month ago has demonstrated genuine intention for the development of the country with his policies and programmes.


“We had a previous president who did not have a solid home in the past but for the first time we are having a president that is genuinely love and supported; hence the uniqueness of the inauguration deserves a special event. We are planning a honorary degree for the president in one of the universities and as well a book launch in his honour

“Yoruba people regardless of political affiliation are ready to support him. The leaders are committed to his success and you can see what he achieved in one month, what some people can’t do in eight years.

“This coming celebration of our President is perhaps the first time that Yoruba sons and daughters from the Diaspora and within the country will have a structured and formal social gathering for a true Yoruba Sons as the President of this Republic.

“The overreaching objective of this inauguration celebration of President Tinubu in his core political constituency, the Southwest, is to emphasize the fact that Asiwaju Bola Ahmed Tinubu is strongly supported at home. This support can only get stronger in the course of his administration.”

Also speaking, Odere said even though the planned celebration of President Tinubu can be said to have the stamp of approval of the All Progressives Congress (APC), the invitations have been extended to governors of the states under the control of the opposition party.


“We are not unmindful of the critical role that Governor Seyi Makinde played in his support for the president during the elections. We would be extremely happy if the Oyo State governor can grace our inauguration celebration for Asiwaju in the Southwest,” he said.

He added that Governor Oyebanji has expressed his firm commitment and support for the celebration for President Tinubu following a courtesy visit to him during the sallah holiday at his Ikogosi Ekiti country home.

The federal government may have lifted the ban on importation of vehicles through the land borders, it has been revealed.

The development is projected to revitalise economic activities within the corridor.

Daily Trust reports that the last administration had closed land borders between Nigeria and Cotonou, Benin Republic, and subsequently banned the importation of vehicles through that axis.

The Director of Road Transport in the Ministry of Transportation, Ibrahim Musa, yesterday, however, disclosed that the federal government has approved the re-opening of the Seme border for the importation of vehicles.

He disclosed this at the Economic Community of West African States (ECOWAS) meeting, organised between officials of Nigeria and Benin.

Musa said the development followed complaints by freight forwarders operating at the border.

The director, who spoke at the ECOWAS Monitoring Team’s visit to the Seme-Krake Joint Border Post, said, “I was here with the former minister of state for transportation when the freight forwarders pleaded that the border should be reactivated for the free movement of goods and services.

“The former minister made us prepare a memo to that effect. It was considered and sent to the government.”


Also speaking, the Customs Area Controller of Seme Border Command, Dera Nnadi, said the service has noticed a reduction in its revenue since the importation of vehicles was banned from the land borders

The National Vice President of Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN), Munnir Atiku Lamido, has been declared missing.


The National Public Relations Officer, MACBAN, Alhaji Muhammad Nura Abdullahi, confirmed this in a statement issued on Friday.

“We wish to bring to the notice of the general public and the security agencies that Engr. Munnir Atiku Lamido is missing. Engr. Munnir is the National Vice President of MACBAN.

“He left his house in Katsina State on Friday, 23rd June 2023, intending to travel to Kaduna. He has been missing since then,” the statement reads.


Daily Trust quoted Abdullahi as saying that the vehicle of the missing MACBAN national official was discovered Thursday between Jos and Kaduna road near Mararraban Jos town parked with all his telephones inside.

According to Abdullahi, all efforts to trace Lamido have proved abortive so far.


He thereby asked anyone with useful information on Lamido’s whereabouts to kindly contact the nearest Police Station or contact MACBAN offices nationwide.

 

Friday, 30 June 2023 15:44

Inside Tinubu’s One Month In Office

Asiwaju Bola Ahmed Tinubu was inaugurated as the 16th President of Nigeria on May 29.

In his inaugural speech, he made certain promises including the pledge to rule in the interest of Nigerians.


He said his administration “shall govern on your behalf but never rule over you,” and that his government will “consult and dialogue but never dictate.”

He added that “we shall reach out to all but never put down a single person for holding views contrary to our own. We are here to further mend and heal this nation, not tear and injure it.”


It is already 30 days since his assumption of office, and there have been a couple of critical decisions made by the president, some of which have raised dusts and stirred reactions from the public.

Daily Trust revisits some of those decisive steps and their implications.

 

Fuel Subsidy Removal

On May 29, during his inauguration, Tinubu declared that there would no longer be a petroleum subsidy regime as the current 2023 budget did not contain it.


The new President stated that “subsidy is gone” and that funds for subsidies would be diverted to other things such as public infrastructure, education, health care and jobs.

“We commend the decision of the outgoing administration in phasing out the petrol subsidy regime which has increasingly favoured the rich more than the poor. Subsidy can no longer justify its ever-increasing costs in the wake of drying resources,” he said in part.

In a swift reaction to the announcement, filling stations and marketers began hoarding fuel, leading to the resurgence of queues at some filling stations and consequent hike in the prices of the product.

Nigerians are still grappling with the fuel price hike that has led to an increase in the cost of many goods and services and impacted generally on cost of living.

 

Suspension, arrest of CBN Governor, Emefiele


Less than two weeks after assuming office as President and Commander-in-Chief of the Armed Forces, President Bola Ahmed Tinubu suspended the Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, from office with immediate effect.

The suspension, according to a statement issued and signed by the Director of Information in the Office of Secretary to the Government of the Federation (OSGF), Willie Bassey, said the suspension came into effect as part of investigation of Emefiele’s office and the planned reforms in the financial sector of the economy.

Emefiele was later taken into custody by Nigeria’s secret police, the Department of State Services, hours after his suspension.

“The Department of State Services (DSS) hereby confirms that Mr Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria (CBN), is now in its custody for some investigative reasons,” Peter Afunanya, the spokesperson for the agency, said in a press statement.

Emefiele had faced criticism due to his controversial foray into partisan politics, as he was rumoured to be contesting for the presidential ticket of the ruling All Progressive Congress. He was also widely criticized for naira notes redesign policy and the hardship it brought on many Nigerians.

 

Suspension of EFCC boss, Bawa

Also in his first 16 days in office, Tinubu ordered the suspension of the chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa.

A brief statement from the office of the Secretary to the Government of the Federation (SGF) announcing the development on June 14, said the President suspended Bawa over “weighty allegations of abuse of office leveled against him.”


In a quick succession that same day, the DSS took to its recently launched Twitter handle to announce that Bawa had honoured an invitation for investigation.

The dramatic role reversal that suddenly turned Bawa from a hunter to the hunted is a reenactment of the ending that had characterised the exit of the previous heads of the anti-corruption agency since its inception.

 

Naira floating, unification

Two weeks ago, Tinubu’s promise to carry out monetary policy reforms, particularly to ensure a single exchange rate for Nigeria, manifested as the CBN floated naira, making the exchange rate to be determined by market forces.

In a press statement signed by its director in charge of financial markets, Dr Angela Sere-Ejembi, the apex bank announced immediate changes to operations in the Nigerian Foreign Exchange (FX) market.


In a curious move, the central bank abolished its hitherto multiple exchange rate windows and collapsed them into the business-based Investors and Exporters (I&E) window.

“All segments are now collapsed into the Investors and Exporters (I&E) window. Applications for medicals, school fees, BTA/PTA, and SMEs would continue to be processed through deposit money banks,” Dr Sere-Ejembi said in a message to authorised dealers of forex.

In his inaugural speech on May 29, President Tinubu had said the CBN must work towards a unified exchange rate, adding that the nation’s Monetary Interest Rate, which was at 18.5 per cent, is anti-people and unproductive.

“Interest rate is currently too high. It’s anti-people, anti-business. We have to work on all of those,” he stated.

 

Retirement and appointment of Service Chiefs

On June 19, the President approved the immediate retirement of all service chiefs and the Inspector-General of Police, Advisers, Comptroller-General of Customs from Service with immediate effect. He also named their replacements.

Tinubu equally renamed Nuhu Ribadu as National Security Adviser (NSA), a week after naming him Special Adviser on Security Matters to the president.

 

Appointment of Special Advisers

On June 5, the President named eight special advisers, including a former Chairman of the Economic and Financial Crimes Commission, Nuhu Ribadu who later became NSA; a former Lagos Commissioner for Information, Dele Alake as Special Adviser, Special Duties, Communications and Strategy; Wale Edun, a former Lagos commissioner, appointed as Special Adviser on Monetary Policies.

A chieftain of the Labour Party (LP), Kenneth Okonkwo has again called out the Independent National Electoral Commission (INEC) over the outcome of the 2023 general elections.

The actor cum politician labelled the leadership of INEC as ‘devils.’

He also took a swipe at the suspended Resident Electoral Commissioner (REC) in Adamawa State, Hudu Yunusa-Ari who controversially declared a winner in the state’s supplementary 2023 governorship election while vote counting was still going on before INEC intervened in the matter.

According to Okonkwo, if the Adamawa REC is a Demon, then the INEC leadership is the Devil.

The submission of the LP chieftain is part of his reactions to the defence of the electoral umpire on the technical glitch which affected the upload of the 2023 presidential election result on its Result Viewing Portal (IReV).

As earlier reported by Naija News, INEC spokesperson, Festus Okoye on Thursday night while speaking on Channels TV submitted that the technical glitch which affected the upload of the 2023 presidential election result on its Result Viewing Portal (IReV) should not be used to judge the entire election.

This is as the electoral body denied wasting taxpayers’ money due to the inability to upload results real-time.

Okoye also declared that the Police have concluded investigation on the Adamawa REC and INEC would soon go ahead with the prosecution.

But in response to the submissions, Okonkwo said via his Twitter account: “It’s unfortunate that in addition to the failure of INEC to do its duties in accordance with the law, Festus Okoye is lying on top of it. Okoye revealed that Adamawa REC may soon be charged to court, but till date nobody has been held responsible for not transmitting and uploading presidential results.

“With incompetent and dishonest people like this in INEC, it will be difficult for us to make progress in Nigeria. If Adamawa REC is a demon, INEC leadership in Abuja are Devils.”

Nollywood actress, Iyabo Ojo has reacted to the cheating scandal rocking Nigerian singer, David Adeleke, popularly known as Davido.

This is following the outrage stirred on social media over the cheating allegations levelled against the singer by two abroad-based women, despite being married to his long time girlfriend, Chioma.

Taking to his Instagram page to speak on the development, the actress, on Friday, stated that men who have a reputation to protect must guide and stay away from persons that have nothing to lose.


She added that any man who allows the ‘stick’ between their legs to control them, lacks self control and must be prepared for the consequences that awaits them.

The post reads: “If you have a reputation to protect, please guide it, protect it, never get carried away, and associate yourself with a person who has got nothing to lose. It never ends well.. be wise.


“If there is not one person who is level-headed in your circle and can check you when need be, please ajust your circle….. be humble. Hidden secret of a womans heart: No woman wants to truly share a man, but some will allow it bcos of culture, religion, financial benefits, or sexual pleasures……. but deep down in a woman’s heart, she secretly desires to own the man all to herself, Note: some will accept their faith, while some will rather destory everything if they can’t achieve their goals…… be aware..

“Woman disobeyed God, so who is man? that you’re not mindful of woman? Woman have caused wars between warriors, kings, and nations, so who are you .. be informed. Man, the stick, btw your legs are not as strong as the word “MAN” sounds, if you lack self-control, then know your stick will have no respect for emotions, ….. your heart can never be prepared for the mistakes that await you…… be cautious.

“you can never be wiser than the one who first ate the fruit of the forbidden tree of knowledge of good and evil….. be guided. When things happen to your fellow man, you’re not to mock nor judge, but learn from it so that you don’t find yourself in a similar situation or worse. be in control.”

 

The Force Public Relations Officer, Olumuyiwa Adejobi has called for urgent action after the disturbing video of a Police officer in Edo State crushing another man with his car went viral on the internet.

In the video making the rounds on social media, a yet-to-be-identified policeman was seen in the driver’s seat of a Toyota Sienna car as he crushed another man with his vehicle.

Though the circumstances that resulted in the action are not immediately clear, the man was seen lying down in front of the car while other people surrounded the vehicle and suddenly, the driver put the car into motion.

While those standing by attempted to halt the car’s movement, the driver continued and ran over the man.

The man is said to be battling for his life at a hospital.

Reacting to the incident, the Force PRO said what happened is simply unbelievable, strange, and ‘unpolice.’

He added that the Edo State Police Commissioner has been contacted and urgent action needs to be taken on the matter.

He wrote: “This is unpolice. I dont think a normal human being can do this. To crush a man with a car? This is unbelievable. I have personally contacted the CP Edo on this. We need to take urgent action on the matter. It’s strange to me as a person.”