The Senate of the University of Lagos has elected Prof. Folasade Ogunsola as Acting Vice-Chancellor.

The Deputy Vice-Chancellor (Development Services) polled 135 votes compared to Prof. Ben Oghojafor’s 31 votes.

It was gathered one vote was declared void.

A total of 167 Professors were at the Senate meeting.

Oghojafor is the Deputy Vice-Chancellor Management Services.

Ogunsola was the first woman to be the Provost College of the Medicine University of Lagos before she became DVC.

Professor Ogunsola is expected to act in the new role until the outcome of the Special Visitation Panel set up by the President, Muhammadu Buhari.

Step Aside
This election follows the Federal Government’s directive that the University’s Pro-Chancellor and Chairman of Council, Wale Babalakin, and Vice-Chancellor, Prof. Oluwatoyin Ogundipe, recuse themselves from official duties, pending the outcome of the panel.

The Federal Government gave the directive last Friday in a press statement signed by the Federal Ministry of Education spokesman, Ben Goong.

It states, “Government also directs the Senate of the University of Lagos to immediately convene to nominate an acting Vice-Chancellor from amongst its members for confirmation by the Governing Council,” the statement added.

Babalakin’s Governing Council had, on August 12, sacked Ogundipe as Vice-Chancellor over alleged financial misappropriation and misconduct.

Ogundipe, however, rejected the Council’s decision, saying the University’s due process had not been followed.

The University’s Senate, alumni, and labour unions also put out statements saying the due process had not been followed.

But Babalakin, in several media reactions, insisted that due process had been complied with in terminating Ogundipe’s appointment.

The Presidential Panel, made up of seven members, is expected to determine whether the required steps were taken by the Council in sacking Ogundipe.

They are also expected “to make appropriate recommendations including sanctions for all those found culpable” in the investigation, which is expected to last for two weeks.

The panel will be inaugurated by the Minister of Education, Adamu Adamu, on August 26.

Members of the panel include Professor Tukur Sa’ad (Chairman), Barrister Victor Onuoha, Professor Ikenna Onyido, Professor Ekanem Braide, Professor Adamu K. Usman, Chief Jimoh Bankole and Barrister Grace Ekanem (Secretary).

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Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari requesting him to “urgently rescind your assent to the Companies and Allied Matters Act, 2020, [CAMA 2020], and to send the legislation back to the National Assembly to address its fundamental flaws, including by deleting the repressive provisions of the Act, particularly sections 839, 842, 843, 844 and 850 contained in Part F of the Act, and any other similar provisions.”

The organization is also urging him to “instruct the Registrar-General of the Corporate Affairs Commission, Alhaji Garba Abubakar, and Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, not to implement or enforce the CAMA 2020 until the legislation is repealed by the National Assembly, and brought in line with the Constitution of Nigeria 1999 (as amended), and Nigeria’s international human rights obligations.”

In the letter dated 22 August, 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “With these provisions, the government now has overly broad and discretionary powers to arbitrarily withdraw, cancel or revoke the certificate of any association, suspend and remove trustees, take control of finances of any association, and to merge two associations without their consent and approval of their members.”

According to SERAP, “Rather than taking concrete measures to improve the legal environment and civic space that would ensure respect for human rights and media freedom, your government has consistently pursued initiatives to restrict the enjoyment of citizens’ human rights. These rights are protected from impairment by government action.”

SERAP said: “These restrictions, coupled with repressive broadcasting codes and Nigerian security agencies’ relentless crackdown on peaceful protesters and civil society, demonstrate the government’s intention to suppress and take over independent associations.”

The letter, read in part: “SERAP is concerned that the provisions would be used by the authorities to exert extensive scrutiny over the internal affairs of associations, as a way of intimidation and harassment, which would eventually unduly obstruct the legitimate work carried out by associations.”

“We would be grateful if the requested action and measures are taken within 14 days of the receipt and/or publication of this letter. If we have not heard from you by then, the Registered Trustees of SERAP shall take all appropriate legal actions to compel you and your government to take these measures in the public interest.”

“Please note that SERAP has instructed its Legal Counsel Femi Falana, SAN to take all appropriate legal actions on our behalf should your government fail and/or neglect to act as requested.”

“Citizens’ decision to join with others in pursuit of a common goal is a fundamental aspect of their liberty. The right to freedom of association also plainly presupposes a freedom not to associate. This freedom is at risk if the government can compel a particular citizen, or a discrete group of citizens, to merge their associations.”

“Constitutional guarantees of freedom of association would be very limited if they are not accompanied by a guarantee of being able to share one’s beliefs of ideas in community with others, particularly through associations of individuals having the same beliefs, ideas or interests.”

“Similarly, freedom of association creates a forum for citizens in which they may freely seek, without any unlawful interference by the state, to move public opinion and achieve their goals. That “forum” cannot exist if the government is at liberty to treat one association as forming part of another or coercing one association to merge with another association.”

“By seeking to suspend and remove trustees, and appoint interim managers for associations, the government seems to want to place itself in a position to politicise the mandates of such association, and to undermine the ideas that the right to freedom of association and related rights are supposed to protect in a democratic society.”

“SERAP believes that the government granting itself the powers to suspend and remove trustees of legally registered associations and to take control of their bank accounts constitute an effective restraint on human rights.”

“Allowing the government to take control of the bank accounts of association would impact on the rights of the associations, and also seriously undermine civil, cultural, economic, political and social rights as a whole.”

“These rights are in fact parts of the attributes of citizenship under a free government. “Liberty” includes the right to enjoy the rights to freedom of association, expression and peaceful assembly. Our constitutional jurisprudence and international standards allow only the narrowest range for their restriction.”

“Combatting fraud, mismanagement, corruption, money-laundering and other modes of trafficking by associations is legitimate. However, it is not sufficient to simply pursue a legitimate interest, limitations need also to be prescribed by law and be necessary in a democratic society.”

“Under the Nigerian Constitution and international human rights law, controls need to be fair, objective and non-discriminatory, and not be used as a pretext to silence critics. Your government has legal obligations to create an enabling environment in which associations can effectively carry out their legitimate activities.”

“These restrictions have no legal basis, as they fail to meet the requirements of legality, legitimacy, proportionality and necessity. The Human Rights Council has called on States to ensure that any regulations of associations ‘do not inhibit the independence and functional autonomy [of associations]’”

“We have also sent a Pre-Action Notice of a lawsuit pursuant to Section 17[2] of the Companies and Allied Matters Act 2020, to the Corporate Affairs Commission to urgently initiate, promote and support deletion of Sections 839, 842, 843, 844 and 850 and any other repressive provisions of the Companies and Allied Matters Act 2020.”

“In communication No. 1274/2004, the Human Rights Committee observed that ‘the right to freedom of association relates not only to the right to form an association, but also guarantees the right of such an association freely to carry out its statutory activities. The protection afforded by article 22 of the International Covenant on Civil and Political Rights extends to all activities of an association.’”

“According to the Committee, ‘the existence and operation of a plurality of associations, including those which peacefully promote ideas not necessarily favourably received by the government or the majority of the population, is a cornerstone of a democratic society.’”

“Under international law, the use of the term “democratic society” places the burden on States imposing restrictions on freedom of association to demonstrate that the limitations do not harm the principles of pluralism, tolerance and broadmindedness.”

“The Committee on Economic, Social, and Cultural Rights has also called on states not to pass legislation that would ‘give the Government control over the right of associations to manage their own activities.’”

“Associations, as organised, independent, not-for-profit bodies based on the voluntary grouping of persons who pursue activities on a wide range of issues, such as human rights, democratic reforms, and social and economic development, are an integral part of democratic institutions.”

“The right to freedom of association is to be enjoyed alone or in community with others. Without this collective dimension, the effective realisation of the right would often not be possible. SERAP believes that the rights to freedom of association, freedom of expression and peaceful assembly to advance beliefs and ideas are inseparable aspects of the “liberty” assured by due process of law.”

“The right to freedom of association is interrelated with other human rights and freedoms, including the rights to freedom of expression, freedom of peaceful assembly, protection of property, the private life and correspondence, an effective remedy, fair trials; and right to be protected from discrimination.”

“A genuine and effective respect for freedom of association cannot be reduced to a mere duty on the part of the State not to interfere. Therefore, it is incumbent upon your government and all public authorities to respect and protect this right, and to guarantee the proper functioning of an association, even when they annoy or give offence to persons opposed to the lawful ideas or claims that they are seeking to promote.”

“Any limitations on human rights, including the right to freedom of association must be proportionate to the interest to be protected, and must be the least intrusive means to achieve the desired objective.”

“Implementing or enforcing these repressive provisions will have a significant chilling effect on legitimate activities of associations, and would seriously undermine their independence and operations.”

“SERAP considers the CAMA 2020 the most repressive legislation in Nigeria’s history, especially given the unlawful and impermissible restrictions contained in Part F of the Act.  Sections 831, 839, 842, 843, 844 and 850 of the Act are manifestly inconsistent with sections 36, 39 and 40 of the Constitution of Nigeria 1999.”

“Under section 831[i][ii], the government through the Corporate Affairs Commission (CAC) is empowered to treat any unregistered association as part of an already registered association, and without any lawful justifications whatsoever. The government also has the power to treat two or more associations as a single association on the flimsy pretext that the associations have the same trustees.”

“Section 839[1] and [7] of the Act also grants the government through the Corporate Affairs Commission the powers to arbitrarily and unilaterally suspend and remove the trustees of any legally registered association, and to appoint an interim manager or managers to run the affairs of any such association, if the Commission reasonably believes that there is “misconduct, mismanagement, and fraud” in the association, or on the basis of undefined “public interest.”

“The government will determine and decide what constitutes “public interest” in all cases. The exercise of the powers under section 839[1][7] is subject only to the approval of the supervisory Minister, a political appointee.”

“Similarly, sections 842, 843 and 844 grants the government through the Corporate Affairs Commission overly broad powers and discretion to arbitrarily, unlawfully and unilaterally regulate the finances of any association, and to take control and take over bank accounts lawfully belonging to legally registered associations under Part F of the CAMA 2020.”

“Further, section 850[2][e] empowers the government through the Corporate Affairs Commission to arbitrarily and unilaterally withdraw, cancel or revoke the certificate of registration of any duly and legally registered association.”

“These repressive provisions clearly and directly threaten and violate the rights to freedom of association, freedom of expression, peaceful assembly, privacy, property, and other human rights guaranteed under the Nigerian Constitution and international human rights treaties such as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party.”

“SERAP notes that legally registered associations have also deposited their constitutions and other documents with the Corporate Affairs Commission under the now repealed and replaced CAMA 2004.”

“The Commission also enjoyed wide ranging powers under CAMA 2004 to regulate these associations, as the associations are required to periodically report to the Commission. Registered associations are also regulated under other existing laws, including anti-corruption and money laundering laws, the Criminal Code and Penal Code.”

thenigerialawyer.

Tonnie Iredia

History tells us that in most heterogeneous societies, multiple centrifugal forces make it easy for the fragile fabric that binds society together to give way at the slightest provocation.

To avoid the dismemberment of such societies therefore the remedy is to always pursue policies that can unite the different groups that make-up any such society.

Nigeria is a good example of a nation whose constituents have for long been restive about what many see as basic inequality in the management of public affairs.

This has over the years tended to accentuate ethnoreligious intolerance-compelling government to rely more on prescriptive criteria than merit in many policies.

Under the circumstance, Nigerian leaders have found it expedient to take steps to consciously dissuade the use of intemperate language that can inflame passion and cause anarchy in society. But this has to be done without encroaching on the fundamental principle of freedom of expression which democracy guarantees.

According to Section 39, of the Nigerian Constitution 1999, “every person shall be entitled to freedom of expression including freedom to hold opinions and to receive and impart ideas and information without interference.”

However, Section 45 of the same constitution makes it clear that freedom of expression must not be used to make reckless statements that can adversely affect other persons.

In other words, the government has a duty to ensure that laws such as that on defamation are made to protect the rights of other citizens. Bearing in mind that the mass media have the capacity of disseminating information far and wide, the conduct of the media has to be regulated to avoid disseminating insensitive materials that can pitch one group of society against the other.

Therefore, a regulation such as the National Broadcasting Code (NBC) which among other things, seeks to prohibit fake news and hate speech that is injurious to society is tolerable, provided, it is neither politicized nor used for witch-hunting.

Put differently, no regulation should be negatively constructed to become a fault-finding tool or an instrument to gag the media.

On Monday, August 10, 2020, a former Deputy Governor of the Central Bank who is currently a Directing Staff at Nigeria’s authoritative Policy Research Institute in Kuru, Jos, Dr Obadiah Mailafia while participating in a radio programme alleged that a serving Nigerian state governor was one of the commanders of the dreaded Boko Haram group.

In the reported words of Mailafia, “some of us also have our intelligence networks. I have met with some of the bandits; we have met with some of their high commanders – one or two who have repented – they have sat down with us not once, not twice. They told us that one of the northern governors is the commander of Boko Haram in Nigeria.”

As was expected, two relevant Nigerian Agencies, the Department of State Services DSS and the broadcast regulator, the Nigerian Broadcasting Commission NBC quickly reacted to the subject. While the DSS invited Mailafia for questioning with a view to extracting more facts on the authenticity of his claims, the NBC examined the broadcast against the backdrop of its mandate to ensure that no broadcast station is used to undermine the continued existence of the country.

The two agencies have since made a number of declarations on the subject. On its part, the NBC, instantly found the radio station, Nigeria Info 99.3 guilty of what it called “unprofessional broadcast” and imposed a fine of N5million on the station.

In the case of the DSS, the conclusion arrived at was that it was indecent on the part of Mailafia to have disseminated such information without using his well-connected links in society to verify the heavy allegations before making them public.

Thereafter the DSSwarned all highly-placed citizens to show greater restraint in their public utterances. Before reaching her conclusion, the DSS invited Mailafia twice for interrogation thereby giving him ample opportunity to defend himself.

When compared with the summary trial which the NBC gave to the Nigeria Info radio station, it is obvious that at least on this matter, the DSS has been more humane than the broadcast regulator. Although the DSS has all the instruments of coercion at her disposal, she was not coercive. Indeed, Mailafia’s lawyer testified that the service was civil in her conduct with his client.

Many people particularly broadcasters, this writer inclusive, have since remained baffled by the speed with which the broadcast regulator found the radio station guilty of “unprofessional conduct” in its transmission. First, the interview was organised by the station on one of its regular slots- ‘Morning Crossfire’ where different personalities are invited to air views on burning issues, in which case it was a normal programme which had no trappings of mischief.

Second, the guest was by every standard, a first-class political newsmaker, capable of throwing light on issues of public interest being a bonafide Nigerian political leader who would have been our President if the party which sponsored him as a Presidential candidate had won last year’s Presidential elections.

Third, the programme was a LIVE broadcast that could not have been subjected to editorial control, unlike a recorded programme that could be edited to remove unwanted portions. Fourth, following global realities in broadcasting, LIVE programming is today the new trend-making it untenable to question the format and philosophy of Morning CrossFire.

Based on the above, we think NBC’s posture is not a plus to society just as it cannot improve the broadcasting profession in Nigeria. Rather, the huge fine on a purported offence could only have instilled fear in broadcasters to now embrace self-censorship and timidity.

The NBC needs to move away and very quickly too, from that old perception of radio as an organ for telling the people what the government wants them to hear. Public expectations of the media in society have since gone beyond that narrow prism.

Today, the media is expected to undertake a surveillance of the environment, while monitoring the process of governance as mandated by Section 22 of the Nigerian Constitution. It is also to serve as a link between the government and the people; as well as criticize and analyze events.

More importantly, the media is not only to inform the people but also to protect their rights to know while at the same time pointing out danger signals in the horizon for people to avert a woeful end.

As heavy as Mailafia’s allegation appears to be, there is no conclusive proof that it is false just as the allegation is neither different nor heavier than the old unproved belief that Boko Haram was founded by a governor. The intelligence services should, therefore, see Mailafia’s addition as a new vista for understanding the advent and growth of insurgency and how to bring it to a peaceful end in our country.

Electioneering campaigns going on in Edo state at the moment, are replete with hate speeches thereby confirming that the greatest culprit of hate speech is the political class.

We cannot make progress if offending politicians receive sermons only while the media, they use are heavily penalised by a regulator, whose component parts – Minister, Board and Management are singing discordant tunes.

Vanguard

The Senior Pastor of the Christ Livingspring Apostolic Ministry (CLAM), Omole, Lagos, Pastor Wole Oladiyun, has expressed concern that the 2020 CAMA Legislation is susceptible to abuse and manipulation by the corrupt and dishonest public service system Nigeria runs.

According to the critically acclaimed minister of God, the Church as a collective entity in Nigeria does not trust the government, hence the barrage of criticisms that heralded the signing of the 2020 CAMA legislation by President Muhammadu Buhari on August 7.

While featuring on The Podium Media‘s Instagram Personality Interview Series – ON THE PODIUM – via @thepodiummediaonline, Pastor Oladiyun said: “The church does not trust the government; what they want to do, the intention is good because this is already being done in the developed world where the systems are purposefully structured to do that. CLAM has prayer centres in the UK and USA, so we know the rules and regulations. But I have gone through the CAMA Law, and I regret to say that Nigerians will not be honest with its implementation”.

According to him, CAMA will be a tool of vendetta and revenge by government officials. “If the people in government see that a particular church is criticizing government even if it is the truth, they will use the CAMA Law to finish the church. Also, the Government does not have the network and the capacity to manage and successfully implement the law. And if they want to do it the way the Charity Commission operates in the UK, I do not see the right level of honesty in our leaders. It is not going to work”.

He says his concern about the CAMA Law being abused and manipulated is not entirely misplaced because government officials are already talking and acting in a way that suggests that there is a premeditated agenda to gag the Church and stigmatise church leaders.

““I read a publication where they said any organisation that does not obey CAMA Law is doomed. They are already fanning the embers of war. It should not be so. They should make it transparent. When they want to look at NGOs, including churches, they must do it holistically and objectively. It must involve churches, mosques, and even traditional worshippers – the Sango and Ogun worshippers. Let them go to their shrines and tell them to obey CAMA law”, he added.

He said the body of Christ would collectively fight and resist CAMA because there is no honesty or sincerity in its implementation.

Pastor Oladiyun rebuffed insinuations that churches are protesting against CAMA because they do not want to be accountable and transparent in their financial dealings. That is totally untrue, he said, adding: “In CLAM, for instance, we have nothing to fear. Every year, we audit our books and file all necessary returns. So, we are not new to accountability and transparency. My fear and concern is that the Federal Government has no structure to sustain the effective implementation of the law”, he clarified.

He also rejected criticisms that ministers of God have become politicians with their incessant comments on government and governance in the country. ” I am not a politician, but I am an activist. I want things to get better in Nigeria. I will not relent in calling on government officials to do the right thing. Nobody can cajole me. This country belongs to all of us, and I have the right to air my views as loudly as I can. I have always used the pulpit to exhort those in positions of authority to please do the right thing. Nigeria is too blessed to be poor and stranded”.

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On August 21, the Nigerian Bar Association (NBA) sent a letter to the Governor of Kaduna state, Mallam Nasiru El-Rufa’i, indicating his withdrawal as NBA2020 conference speaker. The governor was billed to speak on the topic “Who is a Nigerian? The letter generated a lot of controversy from different angles of the country, especially among the Nigerians that were spending significant time on social media expressing their views on national issues of interest.

According to the NBA president, the invitation was withdrawn from the governor following a petition by some lawyers under the aegis of Open Bar Initiative following rising killings in Southern Kaduna.

Well, writing on this kind of issue ends up with different interpretations, no wonder sometimes I find it very disturbing and difficult to press my keyboards on any stuff that may generate comments if not anger to many people, especially those that are not in line with the author`s stand. Permit me to clarify this to you that I am neither a supporter of Mallam El-Rufa’i nor his sympathiser. In fact, I have issues with some of his strict and anti-masses policies but we have no option than voice out our opinion, especially on any issue capable of downsizing democracy, human rights and the rule of law in the country.

Let me start with this, the NBA as an association has the right to invite or withdraw invitation to anybody in their program because they are the organisers of the program and therefore have the right to select the guests for the program.

Be that as it may, I have personally not seen anything wrong in Inviting someone to a program and withdrawing same. What makes the issue create unnecessary attention among the general members of the public is the issue of allegations against the governor in relation to rising cases of attacks in Southern Kaduna. The NBA president stated that the withdrawal of the governor`s invitation has nothing to do with religion or ethnicity.

Whatever he said, the majority will find it very offensive, especially those that hold the opinion that the association’s approach was very poor and uncalled for, the association failed to give the governor a fair hearing, which is one of the cardinal principals of the rule of law. The governor is presumed innocent of the said allegation till a court pronounces him guilty. The views of some members of the association shouldn’t be the basis to withdraw such invitation unless the association wants it. 

This is just like teenagers’ prank we had back in university days that you send your party invitations to some people and still give words to bouncers not to allow them to gain entry just to humiliate them at the entrance then you later apologise to them. NBA apologiding to the governor simply means that the association is not convinced withdrawing the invite was right or affirming my thought on the above mentioned issues

There are a lot of conspiracies surrounding the matter. Religious and tribal champions are busy giving the incident different interpretations and inclinations but I perceive the whole melodrama ensued between NBA and El-Rufa’i as part of the 2023 political game. If not for political reason, why will the NBA allow other speakers like Wike and Obasanjo? Are they saying they have history of obeying court orders?

If NBA is concerned on the killings in Southern Kaduna, they will not have entitled the theme of the conference “Am I a Nigerian-A debate on National Identity”, instead, they should have opted for “The Indigeneship-Citizenship Conundrum”  to make fool out of him. It will be a very good avenue for people to dig deep by asking unhidden agenda and questions some people think about him. This will also pave way for them to understand why the governor has issues with Southern Kaduna leaders. But the association denied all these opportunities to their members and general public just because of the interest of insignificant few among them.

Now their attitude towards El-Rufa’i is creating a different narrative among the fragile country`s ethno-religious population; a significant number of the population are turning the saga as an issue of ethno-religious sentiment. El-Rufai`s presence in the conference will not benefit the common Nigerian with anything but will definitely bring out different stories especially on the current crisis in the state. 

In addition, NBA’s reactions to such issue that has colouration of religious is nothing but fuelling the disintegration among the major religions in the country, especially now that everything in Nigeria one must put religious and tribal sentiments for such things to attract attention.
Moreover, the NBA has directed the Muslim lawyer to nominate another Muslim governor to speak in the event. This has indicated that NBA and their sponsors have an axe to grind with El-Rufa’i. The NBA, which is the body of learned and a rallying point and unifying factor, has derailed from this core objective. What a shame!

A lot of negative narrations are going on daily in Nigeria from Mailafia`s allegations to another. All these will not let us understand the major challenges facing the country like insecurity, poor democratic governance, abject poverty and unemployment that have become the order of the day in the country.

Nigerians should be conscious of the issues that can castigate one another and lead us to unnecessary conflict that may result in further loss of lives and destruction of property. Few unpatriotic individuals and organisations try to use unhidden agenda and conspiracies to divide us for their personal interest.

Mohammed, a democratic governance enthusiast, writes from Funtua, Katsina state.

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