Home Blog Page 1004

Falana, SAN Tasks Public Officers To Learn From El-Rufai’s NBA Dis-invitation, Says No One Is Immune From Court Of Public Morality

0

Lagos lawyer, Mr Femi Falana (SAN) has called on all public officers to learn from the decision of the Nigerian Bar Association to drop Kaduna State governor, Nasir el-Rufai as one of the speakers at its Annual General Conference.

Falana, who spoke on a House of Justice Radio/Television network program alongside pioneer Director General of the National Broadcasting Commission, Dr. Tom Adaba, said that el-Rufai might have constitutional immunity as a governor but not immunity to prosecution in the court of public morality.

He said that public officials should know that people are watching them and would hold them to account at appropriate time.

He said NBA had no choice but to respect the feelings of its members that the governor should not be allowed to address a forum of lawyers because he had been associated with disobedience to court orders, abuse of the rule of law and making inciting statements that lawyers believe had contributed to the crisis in Kaduna State.

He said: “This is a great lesson to all public officers in Nigeria that people are watching them even if you believe you enjoy immunity with respect to prosecution, people can prosecute you morally.

“Other public officials should learn from el-Rufai’s experience. This is how to run a country under the rule of law.”
Falana recalled how el-Rufai as minister for the Federal Capital Territory disobeyed court orders.

He said: “The legal profession suffers from institutional memory. In 2006, we had a 2-day boycott of court to protest disobedience of court orders by the then government.

“We identified 8 court orders that were being disobeyed at that material time. Three out of the 8 were disregarded by el-Rufai who was the Minister of the Federal Capital Territory. He has continued to disobey court orders.

According to him, the government of Olusegun Obasanjo’s administration was so embarrassed by the protest of lawyers and hadti instructed the then Attorney General of the Federation, Chief Bayo Ojo, SAN, to ensure that the orders being complained about by the lawyers were complied with.

He called for an independent Nigerian Broadcast Commission that would have the capacity to call any government officials who make inciting statements to order.

He asked: “Whose is it to bring public officials to book when they make inciting statements that cause problems with respect to the breach of peace in the country?

“That is why we need an independent NBC, independent in all ramifications who can call out anybody in the broadcasting area so that we can have a country under the rule of law.

“The law must not respect anybody whoever they are unless they respect themselves.”

thenigerialawyer

NBA’s Alleged Ploy To Replace Gov. El-Rufai With Gov. Zulum As Speaker In NBA Virtual AGC, An Attempt To Divide Muslims, MURIC Alleges

0

An Islamic human rights group, Muslim Rights Concern, said it has uncovered a subterranean attempt by the Nigerian Bar Association to replace the Governor of Kaduna State, Nasir El-Rufai, with the Governor of Borno State, Prof. Babagana Umara Zulum, at its 2020 Annual General Conference, adding that it was a ploy to divide Muslims.

The Founder and Director of MURIC, Prof. Ishaq Akintola, said this in a statement on Sunday on the NBA AGC, which has been rocked by threats of boycott by state chapters.

Recall that a tornado of criticism greeted NBA’s dropping of El-Rufai from the list of speakers at its 2020 Virtual AGC, which is billed to take place from August 26 to 29.

MURIC, which previously called on Northern lawyers to boycott the conference, has cautioned the NBA against any attempt to divide Nigerian Muslims.

The group also asked the conference organisers to disinvite the Governor of Rivers State, Nyesom Wike, in view of his alleged acts of executive impunity.

Akintola said: “The alleged attempt to replace Governor El-Rufai with the Governor of Borno State, Professor Babagana Umara Zulum has already failed. It is sheer divide et impera. It is dead on arrival. It has suffered the same fate as attempts to separate Muslims of the South from their brothers in the North. It will never work.

“The hadith describes Muslims as a single building wherein all parts of the structure support one another or as the anatomy of a man in whom all other parts feel the pain whenever a single part suffers dislocation. Our message to NBA is this: You cannot honour a Muslim to add salt to the injury of another Muslim.

“NBA wants to rob Peter to pay Paul. It has backfired. Already, some states in Northern Nigeria have already threatened to pull out of the fast-approaching virtual conference of the Nigerian Bar Association (NBA) over the dropping of Governor Nasir El-Rufai from the list of speakers. These include Bauchi, Jigawa, Kaduna and still counting.

“Our advice to the NBA leadership is to do the needful. Apologise to El-Rufai and re-invite him. He has been unjustly treated. NBA still has 72 hours to go. It is not too late to eat the humble pie. NBA acted in bad faith. The planning committee should have done its home work properly. It is a failure of logistics.

“Besides, it is extremely immoral to ask El-Rufai to stay away after inviting him in the first place. Afterall, he did not lobby for the lecture. Put yourselves in his place and stop grandstanding. Or was the invitation a trap all along? Was it an attempt to score Southern Kaduna another undeserved political point? If so, it is a gross miscalculation. NBA must go back to the drawing board.”

MURIC also decried the inclusion of Wike in the list of speakers at the conference.

It said: “NBA has no business inviting Governor Nyesom Wike of Rivers State to speak at its conference. Wike’s excesses are legend. When it comes to democratic norms, Wike is a square peg, NBA is a round hole. Wike and NBA should not be seen together.

“Wike is a serial violator of the constitution. How can the NBA have anything to do with a governor who declared his state a Christian state contrary to Section 10 of the 1999 Nigerian Constitution which forbids such? On the strength of that illegal, unlawful, illegitimate and unconstitutional declaration, the Trans Amadi Mosque was demolished in August 2019.

“The demolition of Prudent Hotel, Alode in Eleme and Etemeteh Hotel in Onne on 10th May, 2020 by Wike’s bulldozers should have served as caution for NBA. The conference organisers should not have touched Wike with a long pole. Wike is unpredictable. He has no respect for either rule of law or protocol.

“We remind NBA of the April 8, 2020 Caverton helicopter saga in which Wike jailed two pilots and their ten passengers for six weeks in spite of appeals from several quarters. We are disappointed that NBA is romancing with a power-drunk leader. It is better for NBA leadership to ride on the back of a tiger than to allow an unpredictable governor to speak at its conference.

“Again, how innocent is Wike in the ‘Rivers of blood’ hullabaloo? Is NBA endorsing all these executive recklessness? Is NBA also waging war on Islam? Why wasn’t Wike’s act of impunity considered before he was invited? Nigerian Muslims strongly oppose the invitation extended to Governor Wike. He is coming to vomit deadlier venom on Islamdom. NBA leadership has a moral burden and the vicarious responsibility for any untoward utterance of Wike at the conference.

“By asking Wike to speak at this august gathering in August, NBA has endorsed fascism and totalitarian dictatorship in the Nigerian political architecture. If the law body cannot dissociate itself from Wike’s political fiefdom by stopping him from speaking at its conference, disinviting El-Rufai is the Mother of All Injustice.”

thenigerialawyer.

My Reply To The Rejoinder Made By Hameed Ajibola Jimoh Esq On My Article Titled “Duty Of Children To Respect Their Parents Vis-À-Vis The Islamic Law Perspective”

By Hossein Saheed

In The Name Of Allâh The Omniscient, The Omnipresent and The Omnipotent.

Whomever Allâh guides, no one can lead him astray. Whomever Allâh sends astray, no one can guide him. The truest word is the Book of Allâh and the best guidance is the guidance of Muhammad. The evilest matters are those that are newly invented, for every newly invented matter is an innovation. Every innovation is misguidance, and every misguidance is in the Hellfire.

It is a fact that the article is a polemic one that will attract a lot of reactions in the world in which many may agree and few may disagree. I am delighted that brother Hameed Ajibola Jimoh Esq is among the few people that disagreed with some of my points which gives me another opportunity to add more facts to my position. With humbleness, I appreciate the rejoinder and contributions of my brother to the article. May Allâh, The Exalted makes the contributions of my brother to the propagation of Islam a ticket for him to Jannah! Aamiin!

However, I observed that the point upon which my brother disagreed with my position was based on his personal understanding of the article where his statement reads: “I would humbly disagree with my brother where his intention is that ‘bowing and or prostration’ as a form of greeting is not prohibited in Islam and therefore, permissible.” Which is not exactly the quotation of my words but his personal understanding of the article which I am not responsible for except what I penned. The forgoing therefore, sponsored the writer to couched his reply to the rejoinder into  three legs, they are:

(i). Whether or not children are mandated in Islam to respect their parents.

(ii). Whether or not greeting by bowing in Islam is haram (forbidden) or Shirk (associating god with Allâh).

(iii) Whether or not the hadith where Prophet Muhammad, peace and blessings of Allâh be upon him disallowed Muh’aad Bin Jabal to prostrate for him as cited by my brother from a book of Shielk Adam Abdullah, Al-Ilori (Al-deenuNassiah) points to the fact that bowing in greeting is haram or Shirk in Islam.

The first stand which: Whether or not children are mandated in Islam to respect their parents.

My position is that children are mandated in Islam to respect their parents regardless of the religion their parents belong. My brother, on this, with the consideration of the authority I cited in my article both from the Qur’an and hadith; the life history of Prophet Ibraheem  (Abraham) whom his father (Athãra) was a pagan, has no chance than to agree that with me. He manifested this by his statement which reads! “I agree with my brother that it is a matter of obligation for every Muslim child to respect his or her parents so far such does not run contrary to Allaah.” Therefore, It is not necessary for me to keep explaining on this stand point so far my article has been able to command the general acceptability of Muslims without the exclusion of brother Hameed Ajibola Jimoh Esq on the topic. But before I drop my pen on this point, it must be put in record that despite the agreement of my brother with my submission on this topic I observed a particular statement made by my brother in his rejoinder under the topic which reads: “I must also, with due respect, state that in my humble view, the act of disrespect being experienced by some of our Muslim parents from their children is one way or the other as a result of their failure in their parental roles and or responsibilities or not having brought such child up according to the manners of child upbringing in Islam!” With humility, I disagree with my brother on this, there is no any verse of the Qur’ân or hadith that says children should disrespect their parents in whatever way not to even talk on the instances that my brother stated above save the occasion the child in question was invited to associate god with Allâh, The exalted by his pagan parents. Nevertheless, the child must not disrespect them on that ground but dishonour their invitation with humbleness. Allâh, The Exalted says: “But if they (both) strive with you to make you join with Me others that of which you have no knowledge, then obey them not; but behave with them in the world kindly, and follow the path of him who turns to Me in repentance and in obedience. Then to Me will be your return, and I shall tell you what you used to do.” Qur’an 31:15. Allâh, The Exalted says in the verse that “…but behave with them in the world kindly…” These words of Allâh stop whatever arrogant mind a child might have against his parents merely because they invite him to associate god with Allâh. This is to say that he must be kind to them and behave well with them in dishonouring their invitation. It is clear that the canvass of my brother here was based on his humble view which cannot stands as an authority on the topic worthy of convincing a sane and knowledgeable person in Islamic jurisprudence armed with both Qur’ânic and hadith authority which are the primary sources of Islamic law in which its provisions override any provisions from secondary sources. According to my learned brother in his above quoted statement, children can disrespect their parents for their failure to bring them up according to the child upbringing in Islam! However, I want to humbly put it to my brother that if that should be the case there was no way or manner a pagan like Athara, father of prophet Ibraheem (AW), Abu Tâlib, uncle of Prophet Muhammad, peace and blessings of Allâh be upon him and biological father of Seyiduna Ali (RTA) (one of the famous companions of the Prophet), and other pagan parents could bring a child up to the satisfaction of the dictates of Shariah (Islamic law) that will not make the children disrespect them. Why then Prophet Ibraheem did not disrespect his parents considering the fact that he was not brought up according to the way and manner children must be brought up in Islam, and that he (Prophet Ibraheem) hawked idols on different occasions in obedience to his father? Athara did not bring Prophet Ibraheem up in Islamic way or manner yet Prophet Ibraheem was dutiful to him, respected and he obeyed him. Thus, where do the children that are Muslim see the authority to disobey, disrespect and be undutiful to their Muslim parents? There is no single authority for their rudeness in both the primary and secondary sources of Islamic laws. It should also be put in record that Prophet Muhammad, peace and blessings of Allâh be upon him and Seyiduna Ali fought numbers of religion war with pagans and killed pagans for their refusal to accept Islam yet the duo did never disrespect, disobey or be undutiful to Abu Tâlib despite the fact that he was the head of the idol worshipers in Makkah. Why Were the duo keep fighting religion war and never fought a war with Abu Tâlib? Why were the duo despite the numbers of pagans killed never plan or intend to kill Abu Tâlib? That is to tell Islamic world that blood is actually thicker than water! Though some brothers and sisters disobey their parents and the society moral code while hiding under the umbrella of Sunnah but their action has no Islamic origin.

According to Abi Bakr Jâbir Al-jazaa’iry in his book, (Arabic version), Minhajul Muslim, 2008 (1439), Maktabatul-Ulûm wal-hikam, Madinatul-Munawwara, Saudi Arabia, at page 82-83 (translated by me), on the topic Al-adab Ma’al’khaliq meaning, the literature of the creation, he thereunder stated four duties of children to respect their parents which are:

(i). He must be the follower of his parents in whatever thing they command him to do, or not do whatever they disallowed him provided that it will not make him disobey Allâh and disobey His laws, so no one is allowed to follow a creature in disobeying his creator, Qur’ân 31:15  was cited. The learned scholar quoted the hadith of Prophet Muhammad, peace and blessings of Allâh be upon him that: “Verily, following people must be on the righteousness”. And his words that no one must follow a creature to disobey Allâh (the creator).

(ii). Revered them and glorify their affairs, and lower the wing for them, and honor them both in word and in action, and do not shout at them, and do not raise your voice above theirs, and do not walk in front of them, and neither your wife nor your son should inconvenient them, and do not call them with their names except you call with my daddy or my mummy, and do not travel except you seek their permission and their mercy.

(iii). Do right thing for your two parents in what your hands reach, and expand for them your energy of righteousness and kindness, such as feeding them and clothe them, treating their sickness, warding off harm from them, and offering your soul as a sacrifice for them.

(iv). Join the family that has no cordial relationship except in the past and pray and seek forgiveness for them(your parents), enforce their vows and honor their friends.

According to Hafith Sasudeen Muhammad Bin Uthman Al-thâbyy in his book (Arabic version), Al-Kabâir, 2008 (1429), Darl El Fikr -Printers – Publishers – Distributors- Beirut – Lebanon, at page 29-31, translated by me, the Islamic scholar stated that Allah, the Exalted says, “…give thanks to Me and to your parents. To me is the final destination“. In expatiating how children should thank and glorify their parents quoted the hadith of Prophet Muhammad, peace and blessings of Allâh be upon him at page 29 that Ibn Abâs (RTA) reported: Three verses were revealed, coupled with other three things, In which one will not be accepted without the other. (1) Allâh, The Exalted says: “Obey Allâh and obey the Messenger (صلي الله عليه وسلم), Qur’ân 24: 54. He who obeys Allâh and does not obey the Messenger will not be accepted from him. (2) Allâh, The Exalted says: “And perform As-Salât (Iqâmat-as-Salât), and give Zakât..”, Qur’ân 2:43. He who perform Salât and does not give Zakât will not be accepted from him. (3) Allâh, The Exalted says: “give thanks to Me and to your parents.” He who thanks Allâh and does not thank his parents will not be accepted from him.

In another narration, Abi Hurairat (RTA) reported at page 31 that Prophet Muhammad, peace and blessings of Allâh be upon him says: “Four people are mandated for Allâh not to enter them into the Jannah (Heaven) and they will not taste her bliss: Habitual drinkers of booze, and eater of usury, and eater of the orphan’s money unjustly, And who is disloyal to his parents except and until they repent.”

Also on this point, I would, with humility, in order to save time refer my brother to a book (Arabic version), titled Al-adabl-Mufrad by Abi Abdullah Muhammad Bin Ismahil Al-Bukhari, 2008 (1429), 2015 Edition, Maktabat-Âdyyu Al-Muhammadiyy, translated by me on the topics “righteousness of children to even the unjust parents” at page 7, “Allâh cursed who curses his parents” at page 10, and also “righteousness of children to a polytheistic parent” at page 12.

The second stand pointWhether or not greeting by bowing in Islam is haram (forbidden), or shirk (associating god with Allâh).

The position of my brother on this after his submission from the two books Minhajul Mumin by Dr. Mustapha Muraad and AdinnuNassiah by Sheik Adam Abdullah, Al-Ilori cum an hadith where Prophet Muhammad, peace and blessings of Allâh be upon him was reported to have disallowed Mu’haad Bin Jabal not to prostrate for him on the ground that it is prohibited for Muslim Umah to prostrate in greeting when my brother’s statement reads: “From the above authorities which I have referred to, it is my humble submission that greeting in any form by ‘bowing or prostration’ to any person other than Allaah (even though not prohibited for generations before the Prophet Muhammad) has been prohibited for the Prophet Muhammad’s generation from his time till the generation to come till the world shall come to an end (except one is compelled or forced to do so and in that regard, the sin is one the person who forced the doer to commit the sin!” However, to humbly disagree with my brother and put him on the right track regarding my submission, In my article, I did not couch the words ‘bowing and or prostration‘ to mean the same thing as my brother attributed same to me. I, with humility, doubt if my brother read where I said in my article that “…as this writer also takes note of the fact that PROSTRATION should be made NOT TO ANYBODY EXCEPT ALLÂH, The Exalted as stated in Qur’ân 13:15.” And where i said:  “This takes the argument of this writer to the fact that PROSTRATING as a form of greeting as displayed during the time of Prophet Yusuf and Adam HAS BEEN OUTLAWED by the new law brought by the last Prophet, the last messenger of Allâh, Prophet Muhammad in the Qur’ân but it does not frown at showing signs in greeting people like parents, elders, kings, sultans, teachers etc.”

Regardless of the above, i would like to humbly put to my brother that the words prostration and bowing do not have same meaning and therefore could not be used together or interchangeably to mean one thing. According to Arabic dictionary, the verb سجد (to prostrate) means to lay one’s forehead flattened on the ground worshiping, while الا نحناء means bowing (the act of bending at the waist, as a sign of respect or greeting).

Considering the definitions, prostration according to Sharia (Islamic Laws) cannot be completed without putting seven parts of the body on the ground. This is stated in an hadith where Ibn Abbas reported that the Messenger of Allah (ﷺ) said: I have been commanded to prostrate myself on seven bones:” forehead,” and then pointed with his hand towards his nose, hands, feet, and the extremities of the feet; and we were forbidden to fold back clothing and hair. Sahih Muslim 490, Book 4, Hadith 260, Book 4, Hadith 994. While bowing on the other hand, is completed on bending on the waist. So how does the words relate that my brother used them together? There is no where in both the Qur’ân and or hadith that the two words were used together or interchangeably, but it is unfortunate that my brother used the two words together in referring same as used by Allâh and the Prophet which is an unnoticed error on the part of my brother. The fact far from fallacy is that neither Allâh nor the Prophet Muhammad, peace and blessings of Allâh be upon him uses the two words together to mean prostration and vice versa; each word stands on its own with its definition in the Shariah.

To buttress the point the more, I would like to point out that Prophet Muhammad, peace and blessings of Allâh be upon him only forbids prostrating for anyone other than Allâh even in greeting but not forbids bowing and or kneeling as a sign of respect or greeting on the injunction of an hadith cited above. The hadith that authenticates bowing and or kneeling as a sign of respect or greeting on this stand point is where Seyiduna Umar (RTA) was reported to have in one occasion knelt before Prophet Muhammad and he did not stop, forbid or disallow him. Narrated Anas bin Malik: Allah’s Messenger (ﷺ) came out as the sun declined at midday and offered the Zuhr prayer. He then stood on the pulpit and spoke about the Hour (Day of Judgment) and said that in it there would be tremendous things. He then said, “Whoever likes to ask me about anything he can do so and I shall reply as long as  I am at this place of mine. Most of the people wept and the Prophet (ﷺ) said repeatedly, “Ask me.”  `Abdullah bin Hudhafa As-Sahmi stood up and said, “Who is my father?” The Prophet (ﷺ) said, “Your  father is Hudhafa.” The Prophet (ﷺ) repeatedly said, “Ask me.” Then `UMAR KNELT BEFORE HIM and said,  “We are pleased with Allah as our Lord, Islam as our religion, and Muhammad as our Prophet.” The  Prophet then became quiet and said, “Paradise and Hell-fire were displayed in front of me on this wall  just now and I have never seen a better thing (than the former) and a worse thing (than the latter). Sahih al-Bukhari 540. Book 9,  Hadith 17.

Abu Bakr in another hadith was reported to have knelt down for Prophet Muhammad, peace and blessings of Allâh be upon him where it was Narrated Abu Ad-Darda: While I was sitting with the Prophet, Abu Bakr came, lifting up one corner of his garment uncovering  his knee. The Prophet (ﷺ) said, “Your companion has had a quarrel.” Abu Bakr greeted (the Prophet (ﷺ) ) and  said, “O Allah’s Messenger (ﷺ)! There was something (i.e. quarrel) between me and the Son of Al-Khattab. I talked to him harshly and then regretted that, and requested him to forgive me, but he refused. This is  why I have come to you.” The Prophet (ﷺ) said thrice, “O Abu Bakr! May Allah forgive you.” In the  meanwhile, `Umar regretted (his refusal of Abu Bakr’s excuse) and went to Abu Bakr’s house and  asked if Abu Bakr was there. They replied in the negative. So he came to the Prophet (ﷺ) and greeted him,  but signs of displeasure appeared on the face of the Prophet (ﷺ) till Abu Bakr pitied (`Umar), so he knelt  and said twice, “O Allah’s Messenger (ﷺ)! By Allah! I was more unjust to him (than he to me).” The Prophet (ﷺ)  said, “Allah sent me (as a Prophet) to you (people) but you said (to me), ‘You are telling a lie,’ while  Abu Bakr said, ‘He has said the truth,’ and consoled me with himself and his money.” He then said  twice, “Won’t you then give up harming my companion?” After that nobody harmed Abu Bakr.  Sahih al-Bukhari 3661,  Book 62, Hadith 13

In the above hadiths, if bowing is actually forbidden in Islam will Prophet Muhammad, peace and blessings of Allâh be upon him allow Umar to kneel for him? So also will he allow Abu Bakr to kneel for him as well. Kneeling is worst than bowing, kneeling requires the kneels to touch the ground to be completed but no part of the body touches ground in bowing. To buttress the point more, eleven stars prostrated for Prophet Yusuf, Joseph (ASW) but, Sun, Moon, Stars, hills, Trees, Insects and animals prostrated for Prophet Muhammad, peace and blessings of Allâh be upon him.  Will the Prophet  Muhammad, peace and blessings of Allâh be upon him knew bending on the waist or kneeling in greeting is restricted to Allâh alone and he will accept such from Umar and Abu Bakr as well as prostration from the above mentioned creatures? Therefore, considering the above hadiths and other authorities cited in the article, I reiterate that bowing in greeting and or in respecting is allow in Islam as, I humbly with humility, disagree outrightly with the position of my brother.

On the third stand point: Whether or not the hadith where Prophet Muhammad, peace and blessings of Allâh be upon him disallowed Mu’haad Bin Jabal to prostrate for him as cited by my brother from a book of Shielk Adam Abdullah, Al-Ilori (Al-deenuNassiah) points to the fact that bowing in greeting is haram or Shirk.

Having recognised the difference between the words prostration and bowing, it is safe for me to say that prostration is a sign of glorification to Allâh which cannot be attributed to another person as used by Allâh in the Qur’ân when He (Allâh) says: “And from among His signs are the night and the day, and the sun and the moon. Prostrate yourselves not to the sun nor the moon, but prostrate yourselves to Allâh Who created them, if you (really) worship Him”, Qur’ân 41:37. And other verses in the Qur’ân as well as hadith. This verse points to the fact that prostration is for Allâh alone. Nevertheless, there is no evidence in the verse pointing to the fact that bowing and or kneeling in greeting is haram in Islam.

My brother, in his submission, cited the hadith of Ibn Maajah to back his position where it was reported that Ibn Maajah (1853) and al-Bayhaqi (14711) narrated that ‘Abdullah ibn Abi Awfa said: When Mu‘aadh ibn Jabal came from Syria, he prostrated to the Prophet (blessings and peace of Allah be upon him), who said, “What is this, O Mu‘aadh?” He said, I went to Syria and saw them prostrating to their archbishops and patriarchs, and I wanted to do that for you. The Messenger of Allah (blessings and peace of Allah be upon him) said, “Do not do that. If I were to command anyone to prostrate to anyone other than Allah, I would have commanded women to prostrate to their husbands. With respect Sir, my response to the hadith can be split into two. (i). It has been reported sir,  that the hadith is ضعيف (weak) based on the ground that Prophet Muhammad, peace and blessings of Allâh be upon him had died before Mu’haad came back from Syria so, where did Mu’haad prostrate for the messenger of Allâh? (ii). Even though Mu’haad actually prostrated as fabricated by some brothers, considering the difference between prostration and bowing or kneeling there is no evidence in the hadith pointing to the fact that bowing should not be used to greet and or respect people. Bowing is different from prostration but, despite the above stated facts concerning the hadith, my brother still deems it fit to cite the weak hadith in a wrong way by using “prostration and or bowing” which is even in contradiction to the exact words used in the fabricated hadith. Prophet Muhammad, peace and blessings of Allâh be upon him did not explain how Muslims should greet each other he only unfolded statement of greeting which is Assalam Alaeykum warahmatullah wabarkaatuh to Muslims. Due to this, every culture is at liberty to choose any convenient mode of greeting provided it is not against the Shariah.

To shed more light on this, it is safe to say that whenever the word prostration is used in Islamic books it means worshipping Allâh, The Exalted. It is on this fact the Messenger of Allâh, peace and blessings of Allâh be upon him says in an hadith where Ibn Abbas reported that the Messenger of Allah (ﷺ) said: I have been commanded to prostrate myself on seven bones:” forehead,” and then pointed with his hand towards his nose, hands, feet, and the extremities of the feet; and we were forbidden to fold back clothing and hair. Sahih Muslim 490, Book 4, Hadith 260, Book 4, Hadith 994. In the hadith, Prophet Muhammad said he was commanded by Allâh to prostrate on seven parts of the body. This does not stop bowing with a sole mind of respecting or greeting.

The word bowing is not used in the entire authorities cited by my brother to disagree with my position in his rejoinder which could have pointed to the fact that bowing or kneeling to greet or respect anybody is not allowed in Islam. Thus, the word prostration used especially in the books Minhajul Mumin and AddeenulNassiah that my brother cited could not stands as evidence forbidding bowing and or kneeling in greeting. There is no evidence in the duo books pointing to the fact that bowing in greeting is prohibited in Islam. It will not be out of place, therefore, to state that bowing and kneeling can be used to greet and respect people with reference to how Seyyiduna Umar and Abu Bakr (RTA) knelt to Prophet Muhammad, peace and blessings of Allâh be upon him. This takes the writer  to where ‘Iyad bin Himar (May Allah be pleased with him) said: The Messenger of Allah (ﷺ) said, “Verily, Allah has revealed to me that you should adopt humility. So that no one may wrong another and no one may be disdainful and haughty towards another.” [Muslim]. Riyad as-Salihin, Book 18, Hadith 1589.

Conclusively, there is no Qur’ânic provision and or authentic hadith saying children should not respect their parents or greet by bowing. The only available hadith under this is where the Prophet of Allâh (Muhammad) was reported to have warned Mu’haad not to prostrate for him. However, both knowledge and history told us that the hadith is weak and unauthentic as Prophet Muhammad, peace and blessings of Allâh be upon him had died before the returning of Mu’haad. This weak hadith is what some of brothers in Islam rely upon to disagree, undutiful, rude and disrespect their parents, SubhanaLlah! This is nothing but a spread of bitterness, hatred and violence in Islam. The seal to practice Shariah and know Allâh, The exalted is the proper understanding of the words of Allâh and hadith of of the Messenger of Allâh, Muhammad, peace and blessings of Allâh be upon him. In the hadithl-Qudusy Allâh says: “know me before you worship me”. Thus, who can know Him without familiar himself or herself with His words in the Qur’ân? Reading the principles of Islamic law on google without going to standard Arabic school would ruin one’s like beyond repair because google is not where one can get the nitty-gritty of Islamic jurisprudence.

Children had been brainwashed by this weak hadith not to greet or respect their parents, spouse had divorced on account of this matter because wife refused to greet her husband by bending, countless number of children had been cursed by their parents on this same matter, what for? Numberless of brothers had separated their parents on the account that it is better for them to cut their relationship with their parents than to offend Allâh while with hatred mind ignore the words of Allâh in Qur’ân 17:23-24. I read it somewhere that a brother had a quarrel with his father. However, after reconciliation he was demanded to kneel just the way Umar knelt to Prophet Muhammad, to apologise to his father but he refused outrightly. This caused another conflict and set the entire family in problem, i ask you, is this the teaching of Allâh and the Prophets?

Proper understanding of Islam is a key to engendering a harmonious social relationship in Islamic kingdom. The actualization of Muslim unity can only be achieved with seven things: if we can be more tolerant and respect other’s view and personality, if we address our differences with maturity and politeness, and by avoiding name-calling and by giving others benefit of doubt, spreading Sunnah by teaching and practice and when we work on personal spiritual and intellectual upliftment. I pray to Allâh, The Exalted to overlooks my error herein, forgives me my sins, grants me and the entire Muslim Ummah (group) proper understanding of Islam and unite us in goodness, Aamiin!

Assalam Alaeykum warahmatullah wabarkaatuh!

Hossein Saheed, Law Student, Faculty of Law, Al-hikmah University, Ilorin, Kwara State.

Phone No: +23407030265309, Email: [email protected]

thenigerialawyer.

When NDDC Delivers Poverty (Part 2)

By Mike A. A. Ozekhome, SAN,

INTRODUCTION

Last week, we commenced our discourse on this very sour and sore topic. The NDDC has become a “Fuji House of Commotion”, a cesspool of gargantuan corruption that spits on our faces. It is like the “kalo-kalo” machine that you put money into and it swallows all. No meaningful impact has the NNDC ever had on the people of the Niger Delta. At the 2005, 2009 and 2014 National Conferences which I attended, the usual argument of Northern delegates was that the oil-bearing region did not need a higher derivative principle because even the 13% given to them was not being properly accounted for. We always beat them back by countering that it was not for them to dictate to the Niger Delta people how they used their money; and in any case, no one asked them how they used income from hydes and skin, cotton and Kano groundnut pyramids in the pre-1966 military putsh. But, inwardly, we knew the argument on both sides was strong. After all, it is better to first drive away the fox before blaming the foul for wandering too far into the bush. Our argument was that we should be allowed to deal with our errant NDDC officials. Now is the time to walk the talk.

THE NEITI DAMNING REPORT

According to NEITI report, the analysis and evaluation of the NDDC financial statements for the five years earlier discussed “indicated irreconcilable differences between the additions of advance payment and interim payment certificates”. Whereas the project master list gave a figure of N175.823 billion as payment made, the financial statements indicated that N415.089 billion was paid within the period. “About 58 percent un-reconciled differences of N239.267 billion still exist. In 2007, a difference of N2.543 billion that is, 5 percent was observed; the year 2008, indicated N53.869 billion that is, 84 percent difference. In 2009, the difference was N38.899 billion that is 62 percent while the 2010 and 2011 indicated N45.521 billion and N98.436 that is, 44 and 74 percent difference respectively.”

In furtherance of the brazen heist at the NDDC, N1.5 billion was allegedly shared as ‘Covid-19 relief’ among staff, like a bazaar. Other inexplicable projects recently embarked upon by NDDC include ‘community relations’ costing N1.072 billion; consultancy, N4.1 billion; duty tour allowances, N486 million; Imprest (October 2019 to May, 2020), N790.9 million; Lassa fever, N1.956 billion; legal services, N906 million; maintenance, N220 million; medicals, N2.6 billion; overseas travel (February to May, 2020 when we were all supposed to be on lockdown), N85.6 million; logistics, N61 million; condolences, N61.7 million; public communication, N1.121 billion; security, N744 million; engagement of stakeholders (February to May, 2020), N248 million etc. Even the Police got N475 million to buy face masks, hand sanitizers and personal protective equipment (PPE) that should ordinarily be worn only by medical personnel. This is insanity unlimited.

THE RECENT SCANDAL AT THE NDDC

As a result of the stench emanating from the NDDC, the Minister of Niger Delta Affairs and supervising Minister of the NDDC, Obot Godswill Akpabio commissioned a forensic audit on the accounts of the NDDC, presumably to arrive at a solution.

However, the commissioning of the forensic audit appears to have opened a can of worms and indicted many, not only in the court of public opinion, but also before the NASS.

For example, a former NDDC acting Managing Director, Dr Joy Nunieh, alleged that Akpabio, the Minister, had hijacked the forensic audit ordered by President Muhammadu Buhari.

There is the allegation that the Interim Management Committee (IMC) of the NDDC squandered N40 billion within three months. The former NDDC MD, Joy Nunieh, also accused the Minister of trying to inflate the NDDC budget. According to her, the minister directed her to include some projects from the Refugee Commission in the NDDC budget. “Akpabio wrote me to put a list of projects from the Refugee Commission in the budget of NDDC. Refugee Commission is another Federal Government commission for IDPs. How do you tell me to put some of their projects in the NDDC budget when we have so many things to do in Niger Delta? How do you explain that?.

Ms. Nunieh also alleged that the Minister engineered her removal because she refused to do his bidding. Nunieh further alleged she slapped Akpabio for sexually harassing her, said Akpabio asked her to change the dollars in the NDDC account; sack the head of the legal team who is from the North; remove all directors who refused to follow his instructions, and also implicate Peter Nwaoboshi, Chairman of the Senate Committee on NDDC.

In response, Akpabio dismissed Nunieh’s allegations and accused her, amongst others, of not being qualified; being highly temperamental, and having four different husbands. Gosh!

The House of Representatives set up a committee to probe the corruption allegations against Akpabio and members of the IMC. However, during one of the sessions of the committee, The Acting Managing Director NDDC, Prof. Daniel Pondei, collapsed in a most theatrical, if not hilarious manner, while responding to allegations of misappropriation of 1.5billion naira.

Similarly, while responding to questions from members of the House Committee, Mr. Akpabio vigorously asserted that members of the NASS were the greatest beneficiaries of numerous contracts awarded by the NDDC to execute projects, which are nowhere to be found. According to him: “For me, I am not against it (payment to genuine Contractors who did their job), because, of course, who are even the greatest beneficiaries? It is you people”.

In response to Akpabio’s grievous allegations against members of the House of Representatives, the Speaker, Femi Gbajabiamila, challenged Akpabio to produce a list of House members who obtained NDDC contracts, or face legal action. He also ordered Akpabio to reveal the sum of contracts; locations and companies used to win the contracts, failure to comply which will be met with consequences.

Not to be outdone by the House of Representatives, Akpabio pointedly listed a couple of National Assembly members who benefitted from NDDC contracts.

THE UGLY TRUTH

The truth is that the NDDC has become an Augean stable that requires drastic deodorization. What is even more pathetic is the fact that despite the significant capital flow accruing to the NDDC from inception, little or nothing has changed in oil producing communities in the Niger Delta. Roads are still death traps. Clean drinkable water remains scarce or totally a mirage.

Environmental degradation remains rampant. Schools with government presence remain a rarity. Crime retains a prima donna position in the region. Acid rains still fall from never-ending gas flaring. Of course, poverty remains pervasive in the lives of the people. Many oxymorons here: the people live by the river but still wash their hands with sputum. They remain poor in wealth; weak in strength; hungry in plenty; sick in health. Blimey!

Akpabio, Nunieh, Pondei and all stakeholders involved in the ongoing NDDC scandal certainly occupy the stage today, but ultimately, the people of the Niger Delta inhale the collateral damage.

Finally, beyond the huffs and puffs and the harsh but impotent rhetorics of “fighting corruption” in Nigeria, the President must develop the political will to clean up the Augean stable in the NDDC. Fighting corruption and even jailing some people alone will not solve the Niger Delta problem. The NDDC must be completely overhauled, reformed and retooled, to work for the overall interests of the Niger Delta people. The selfish interests of political jobbers must be halted. Without any far reaching reforms, the problems in the NDDC will persist and worse scandals will emerge sooner than later.

Nunieh, before the final session of the Senate Ad hoc Committee, had stated that no payment was made by the NDDC under her watch without the knowledge of Akpabio; and that only N8billion was expended by NDDC during her tenure between October 29, 2019 and May 31, 2020.

The Chairman, Senate Adhoc Committee, Senator Olubunmi Adetunmbi, had said that, based on records supplied to the Committee by the IMC, NDDC had so far spent N81.5billion; and of this, Nunie-led IMC spent a whopping 22.5billion, while the current IMC bed by Pondei has so far spent 59.1 billion. God, where are these billions?

Meanwhile, Peter Clever Okoro Esq., NDDC Director of Legal Services, in a letter dated July 28, gave Nunieh, seven days to refund N1.96 billion in compliance with the order of the Senate.

NOW THIS

THE INTERIM MANAGEMENT COMMITTEE

By the way, where does the Interim Management Committee (IMC) come in? it is not a statutory body. Even president Buhari has publicly indicted it, by saying some of his appointees have abused trust by misusing their offices for personal aggrandizement. So, what are they still doing there? To continue to pillage the people’s commonwealth?

AND THIS

SENATE’S RECOMMENDATIONS

The Senate Adhoc Committee on the allegations of corruption and financial recklessness at the NDDC had made far-reaching recommendations which were adopted by the Senate in plenary on Thursday July 232020, to wit: “that the IMC be disbanded and made to refund the sum of N4.923 billion; that the substantive Governing Board of the NDDC be sworn in to manage the Commission in line with the provisions of the Law; that the NDDC be moved back to the office of the Secretary to the Government of the Federation (SGF) in the Presidency for proper supervision; that the Office of the Auditor General of the Federation supervise the forensic audit to “guarantee independence, credibility, transparency and professionalism in the output of the exercise,” and that “the President with advice from the Auditor General should appoint a renowned, internationally-recognised forensic auditor to carry out the exercise.” I concur with all these recommendations.

CONCLUSION

I watched the Senate proceedings. I was shocked that a government that made fighting corruption one of its tripodal mantra could condone such brazen display of glaring corruption without dire consequences for an obvious illegal contraption that has become a conduct pipe for robbing the people. The NDDC Governing Board provided for by statute should be inaugurated immediately. This will breath in fresh oxygen of seriousness, transparency, credibility and professionalism, all leading to prosecution of its core mandate.

THOUGHT FOR THE WEEK

“Where do the evils like corruption arise from? It comes from the never-ending greed. The fight for corruption-free ethical society will have to be fought against this greed and replace it with ‘what can I give’ spirit.” (A. P. J. Abdul Kalam)

LAST LINE

Fellow Nigerians, come along with me every week, to put our heads together on how to make Nigeria a better place. This, always on “The Nigerian Project”, by Chief Mike A. A. Ozekhome, SAN, OFR, FCIArb., Ph. D, LL.D.

Uncertainty Surrounds Resumption Of International Flights

0

By Kelvin Osa Okunbor

There is anxiety over the number of international carriers that will resume flights into Nigeria on August 29, 2020 as the affected airlines were yet to meet officials of the Presidential Task Force (PTF) on Covid -19 and respective health and aeronautical agencies on the guidelines they are to comply with on the announced date.

Besides not knowing the number of airlines to operate, relevant aviation agencies are expected to communicate guidelines and safety protocols that will be in force at the Lagos and Abuja Airports when flights resume.

A source close to the regulatory agency said the Ministry of Aviation will work with the PTF on the template of operations and communicate the timeline for implementation to carriers cleared to operate flights before the flag – off date.

Towards this end, the source said meetings will begin this weekend among the concerned parties on how to achieve seamless operations.

The source also hinted that it is after the meeting that the foreign carriers could specifically set dates for resumption of flights.

It is unclear if FAAN had put in place necessary facilities required for post COVID -19 operations at Lagos and Abuja Airports slated as pilot aerodromes for re- opening of international flights.

Investigations by The Nation revealed that some foreign carriers may have concluded plans to operate scheduled flights effective September 1, 2020.

Sources however hinted that some carriers have pushed their resumption to October as they want to observe the situation before embarking on operations.

In an interview with newsmen at the Murtala Mohammed Airport, Terminal 2, Lagos, Chairman Corporate Social Responsibility, National Association of Travel Agencies in Nigeria (NANTA), Mrs. Ime Victor-Ekpo said Lufthansa, British Airways, Emirates and few others were ready to flag – off flights September 1, 2020.

She noted that the restart of foreign flights would be gradual as the airlines do not want to restart and later shut down.

“Lufthansa said they are starting on September 1, 2020. British Airways same September 1, 2020; other airlines are starting the same day but others are pushing for October because they have to be ready.

“ So, whenever they are all around, you know the situation is a gradual process; we don’t want a part to have the same COVID -19 we are running from for us to come the second time so we are taking our time; so it is going to be a gradual process and in time everything will be fine”.

For countries that have not yet opened airspace to Nigeria, Mrs. Victor-Ekpo said, only countries ready to receive Nigerians will have their airspace open, adding that NANTA members were ready to start work.

“Like the webinar we had with the UAE, they are not saying we shouldn’t come; they have opened up, so we are opened up to countries that have opened up that allow us.

“We are already prepared, we have been on zoom, educating our people on the way forward, we have been in touch with all the airlines, nearly all the airlines, we have been in webinars with them and they have told us that they are prepared; definitely, if they are prepared, we will not be left out, we are also prepared because one on one we have a meeting with them.

“We have assurance now that the airport will be opened on August 29, 2020; we don’t expect all the airlines to resume immediately, it will be phased depending on their schedule.

After a five-month hiatus, Virgin Atlantic Airways said yesterday that it will be welcoming customers’ back-on-board as it makes a return to Lagos on September 10, 2020.

A statement from the carrier said to ensure the health and safety of customers and crew, Virgin Atlantic is implementing additional measures to offer peace of mind in the airport and when taking to the skies.

These include enhanced and thorough cleaning practices at check in, boarding gates and on-board including the use of electrostatic spraying of high-grade disinfectant in all cabins and lavatories before every flight, ensuring no surface is left untouched.

Meanwhile, the Federal Government has revised quarantine protocol for arriving international passengers to Nigeria requiring that they must have tested negative for COVID-19 twice within two weeks pre- boarding PCR test in country of departure. Government said any test carried out less than two weeks before any travel is unacceptable.

A document obtained emanating from the Nigeria High Commission sensitizing travelers of the development reads: “The Nigeria High Commission wishes to bring to the attention of the general public that the Presidential Task Force on COVID-19 has issued the following Revised Quarantine Protocols for persons arriving Nigeria from abroad, including returnees and stranded Nigerians.

The notifications on pre departure and on arrival in Nigeria were specific on what needs to be done at every instance.

thenigerialawyer

Anglican Church Asks Buhari to Freeze NDDC’s Accounts

0

*Condemns rising rape cases, banditry, killings

The Diocese of Evo, Church of Nigeria (Anglican Communion) has asked President Muhammadu Buhari to freeze all the accounts of the Niger Delta Development Commission (NDDC) because of monumental corruption going on there.

The church made the call in a in a communique issued yesterday at the end of the second session of the fourth Synod of the Diocese which held at St. Matthias Anglican Church, Atali in Obio/Akpor Local Government Area of Rivers State with theme: Stronger and Better Together.

The church also called on Buhari to immediately intervene to bring sanity to the commission.

It also frowned at the rising incidence of cases of rape and sexual assault in the country and called on government at all levels to take steps to check the menace.

The church expressed concern over the extreme poverty and the environmental pollution in the Niger Delta region despite the resources at the disposal of states in the region and the NDDC.

The communique was signed by the Bishop of the Diocese, Rt. Rev. Innocent Ordu; the Chancellor, Nlerum Amadi and the Clerical Synod Secretary, Rev. Can. Gospel Onuchukwu,

In its communique, the church expressed disappointment that the NDDC, which was supposed to be an interventionist agency, had turned out to work against the people.

The diocese, therefore, called on Buhari to freeze the accounts of the NDDC, and carry out a total overhaul of the commission and the Niger Delta Ministry.

The church said the steps had become necessary because of the alleged monumental corruption in the commission and key officers of the National Assembly who were supposed to carry out oversight functions on the interventionist agency.

It said, “Synod condemns the level of alleged corruption involving members of the board and management of the NDDC and key officers of the National Assembly in the finances of the commission and there calls on President Muhammadu Buhari to immediately freeze the accounts of NDDC and carry out a total overhaul of both the Ministry of Niger Delta Affairs and the NDDC.”

It also expressed concern over the spate of insecurity in country, particularly “the unwarranted killings in the Christian-dominated Southern Kaduna in Kaduna State; armed banditry and activities of Boko Haram in the Northern parts of Nigeria; the menace of herdsmen, armed robbery and kidnappings in the entire country”.

It therefore called on the “Federal Government to wake up from its deep slumber and end the bloodbath and restore the sanctity of life, and also the international community not to keep quiet over the security situation in Nigeria”.

On COVID-19 pandemic, the Diocese of Evo noted that it had exposed the extent of neglect and decay of the healthcare delivery system and facilities in Nigeria and the urgent need to overhaul the health sector.

It, therefore, called on everybody to observe the recommended preventive measures by the World Health Organization (WHO) and the Federal Ministry of Health against the pandemic.

Children Aged 12 And Over Should Wear Masks, Says WHO

31

The World Health Organization has recommended that children aged 12 and over now use masks in the same situations as adults, as the use of face coverings helps stop the spread of the COVID-19 virus.

The health agency made the recommendation in a COVID-19 guidance document it published via its website on Friday.

It said children aged five years and under should not be required to wear masks, while children aged 6-11 should only wear masks under certain conditions, including the presence of widespread transmission in the area where the child resides and the child’s ability to safely and appropriately use a mask.

However, children aged 12 and over are required to wear a mask under the same conditions as adults, “in particular when they cannot guarantee at least a 1-metre distance from others and there is widespread transmission in the area.”

The WHO has said the world should be able to rein in the coronavirus pandemic in less than two years, even as the world’s death toll hit 800,000 and the number of confirmed cases continues to rise.

“We have a disadvantage of globalisation, closeness, connectedness, but an advantage of better technology, so we hope to finish this pandemic before less than two years,” WHO chief Tedros Adhanom Ghebreyesus told reporters on Friday.

Kaduna Govt. Files Criminal Charges Against Anglican Bishop, Rt. Rev. Abiodun Ogunyemi

The Kaduna State Government has dragged an Anglican Bishop, Rt. Rev. Abiodun Ogunyemi, to court on August 4, 2020 for alleged criminal defamation, injurious falsehood and criminal intimidation.

The Bishop of Zaria Diocese of the Church of Nigeria Anglican Communion was arraigned before a Chief Magistrate Court in Kaduna.

Ogunyemi’s arraignment arose from a letter of appeal he sent to Governor Nasir el-Rufai on September 18, 2019 following a government directive that the Cathedral Church of St George in Zaria should be demolished.

Copies of the letter were forwarded to the Commissioner of Police and Director of the Department of State Services.

Following other protests from Church members and stakeholders, the government in a newspaper publication rescinded its order to demolish the Cathedral.

It was alleged that the governor was not happy with one of the Bishop’s correspondences he sighted elsewhere, which he believed was offensive and directed the Commissioner of Police for discreet investigation.

As a result, the police invited the bishop for interrogation several times at its headquarters in Kaduna.

However on August 3, 2020, after a long lull, he was again invited to the Police Headquarters.

The next day, August 4, 2020, he was arraigned on the advice of the Ministry of Justice.

He pleaded not guilty and was granted bail.

A member of the Kaduna Synod and Canon of the Cathedral Church of St Michael Kaduna stood in as surety.

The Magistrate adjourned the case to August 17, 2020 for hearing of witnesses.

The Director of Public Prosecutions, who led the legal team of the State, announced in court that there were consultations going on which could lead to peaceful resolution of the case and requested for an adjournment.

The Chancellor of Zaria and counsel for the Bishop, Dr. John Omughele, conceded to this and the court adjourned the case to October 28, 2020 for repor, or hearing or report and hearing.

Culled from theeagleonline

FLASHBACK: American Bar Association Dis-Invites Ex-South African President, FW De Klerk To Speak At 2020 Virtual Annual Meeting After Wave Of Protest

0

THE American Bar Association withdrew the invitation extended to the former President of South Africa, Mr. FW De Klerk over his poor human rights record.

It was reported that it came “after the Pan African Bar Association of South Africa described the invitation as an insult to families of people murdered in state-sanctioned killings during the apartheid regime, according to South African online news site.

“Presenting the programme would not help the association advance our Goal III priority,” it stated, in reference to its aim to “eliminate bias and enhance diversity” by promoting “full and equal participation in the association, our profession, and the justice system by all persons” and eliminating “bias in the legal profession and the justice system”.

De Klerk’s spokesperson Dave Steward did not respond to requests for comment.

Fort Calata’s son Lukhanyo – who was the first person to write to the ABA and ask it to reconsider its De Klerk invitation – told News24 that the association’s decision to cancel De Klerk’s address was “courageous… and we applaud them for their sensitivity to our cause”.

“Our wish is that organisations around the world will follow the ABA’s lead and give careful consideration before extending an invite to De Klerk to speak on matters that he’s wholly unqualified to opine on.

“We just wish that the National Prosecuting Authority could act as swiftly as the ABA in taking decisions to act against those implicated in the murders of the Cradock Four. For now at least we can mark the 35th commemoration of their murders next week Saturday, knowing that we had stopped De Klerk from taking a public platform where he would no doubt have dishonoured their lives and legacies.

“Instead, we should ensure that it is De Klerk’s legacy that is unveiled to the rest of the world, for them to see him in the same way we do, as a criminal that perpetrated crimes against our humanity. Hopefully the NPA will charge De Klerk soon, so that we can write to the Nobel Prize International Award to request them to reconsider their decision to award him a Peace Prize that he remains completely undeserving of.”

Calata maintains De Klerk was complicit in the 27 June 1985 state-sanctioned murders of his father Fort and his fellow teachers, Matthew Goniwe, Sicelo Mhlauli and Sparrow Mkhonto. The men became known as the Cradock Four.

In a detailed email to the ABA sent on Thursday, Lukhanyo Calata recounted why he believes that “De Klerk’s hands are dripping with my father’s blood, and the blood of his comrades”.

‘Never aware’

He refers to evidence that the order to assassinate the men, via “a Military signal, which called for their permanent removal from society on 7 June 1985” was “approved by highest echelons of the Apartheid State, these being the State Security Council and Cabinet of Ministers”.

“In 1985, De Klerk was a member of both the SSC and Cabinet. As the Minister of Basic Education and Training, he was often called upon for input in these meetings, with regard to the revolutionary activities of teachers Calata and Goniwe in the Eastern Cape. (There is evidence of this in Government notated minutes of record).

“The ‘signal’ appeared as an agenda item for a meeting held in Tuynhuys (the president’s official residence in the parliamentary precinct) on 12 June 1985. Record of attendance shows that De Klerk was present at this meeting.”

De Klerk’s spokesperson Dave Steward has previously strongly denied that his boss had played any part in the murders of the Cradock Four.

“Mr De Klerk was never aware of any instruction at any meeting of the State Security Council (SSC), or any other body, to murder anyone.”

The decision taken by the ABA International Law Section to cancel De Klerk’s address came after a number of local and international “concerned lawyers and academics” wrote a letter expressing their support for Lukhanyo Calata’s stance. They further vocalised deep disquiet over the planned speech and appealed to ABA members to reconsider the invitation.

“In academic settings, we do not generally support attempts to silence speakers with whom we disagree; we prefer instead to engage with them in a process of argument and counter-argument,” it stated.

“But this situation is different: an organisation like the ABA, which represents the ethos of a profession has no obvious justification to offer a platform to Mr De Klerk. We assume that De Klerk is not being asked to engage in a dialogue, but merely to express his views. The invitation seems particularly insensitive, coming as it does in the wake of weeks of renewed protests against America’s long history of racial oppression and injustice, at a time of reckoning with the past and reimagining the future.”

‘Unrepenant apartheid apologist’

The Pan African Bar Association (PABASA) on Saturday also formally objected to De Klerk’s speech in a five-page letter, in which it described the former president as a “unrepentant apartheid apologist”.

“Recently, De Klerk said that apartheid cannot be described as a crime against humanity because it cannot be equated with the holocaust genocide of Jewish people in Germany,” PABASA wrote.

“Such a statement, though unsurprising, betrays a sad disregard for black lives. An apology for this statement was issued, not by him, but by the De Klerk Foundation on his behalf. He remains in denial of the fact that apartheid was declared a crime against humanity by the United Nations Organisation. He remains in denial that the recorded brutal killing of the black majority constitutes a crime against humanity. He is unapologetically oblivious to the pain his apartheid machinery caused to the black majority in South Africa.”

Seattle University Law Professor Ronald Slye was one of a number of American academics who also wrote to the ABA to express “dismay at the decision by the ABA to highlight a talk by FW De Klerk as part of an annual meeting”.

In 1996, Slye organised a group of international law professors to make a submission to the TRC that apartheid was a crime against humanity – a submission which the Commission cited in its final report.

Like PABASA, Slye expressed concern over De Klerk’s apparent refusal to acknowledge that apartheid qualified to be defined as a crime against humanity.

In February this year, in an interview with SABC, De Klerk said he was “not fully agreeing” with the presenter who asked him to confirm that apartheid was a crime against humanity.

His foundation later said he expressed regret for “the confusion, anger, and hurt” his remarks might have caused.

“While one might view some of this — is apartheid a crime against humanity — as mere technical legal ‘quibbling’ (a word recently used by De Klerk), the impact of such denial is more far reaching,” Slye wrote to the ABA.

This shows that the Nigerian Bar Association is not the first Association to dis-invite and delist a high profile personality from the list of the panelist of its conference.

thenigerialawyer

Synergy Among Stakeholders Useful In Reforming Nigeria’s Justice System — Osinbajo

0

Vice President Yemi Osinbajo says synergy among the three arms of government including representatives of the legal profession will be a useful approach to the required reform of Nigeria’s administration of justice system.

Osinbajo’s spokesman, Laolu Akande, in a statement in Abuja, said the vice president made the submission on Saturday at the virtual edition of the Wole Olanipekun and Co (WOC) Justice Summit.

The theme of the summit is “Developing an Institutional Concept of Justice in Nigeria”.

The event featured prominent speakers including the convener, Olanipekun, Prof. Fidelis Oditah, Mr Yemi Candide-Johnson, notable economist, Prof. Pat Utomi, a prominent lawyer from the UK, Brie Stevens-Hoare, among others.

“Working together, the sub-nationals and the federal government and their judiciaries, we can make a fundamental change.

“This is obviously a matter that we must take seriously and address, not just as professionals but we must involve all the arms of government.

“Because of the kind of system that we run, the reform of the Justice System is many-sided; it can’t be done by one segment; it cannot be done by the executive alone, it cannot be done by the judiciary alone, and it certainly cannot be done by the legislature alone.

“There is a need for us to appreciate that it is a many-sided thing, complicated, and we have to simply look for ways to work together. I am seeing that critical mass of individuals in the legal profession, in the executive and also in the judiciary who are willing to reform.

“We are working quite hard to see how we can all come together to make a real change.”

Osinbajo said that the big question was also the relevance of Nigeria’s paradigms of justice to the major socio-economic circumstances that confronted it.

He said that the law was a social construct and made sense only within a social context.

“To treat the law as something apart from society, or as a body of technical abstractions is to strip it of meaning and to alienate the legal order from the very people it is meant to serve.

“Consequently, a definition of justice that focuses on the social and economic rights of the people is not only more meaningful, it is more just.

“These rights include the right to food, shelter, employment, education and a reasonable national standard of living, care for the elderly, pensions, unemployment benefits and welfare for the physically challenged.”

Osinbajo said that socio-economic rights even where wholly justiciable meant nothing unless there was a fiscal commitment to enforcement.

He said the opposition in Nigeria was prepared to abolish Nigeria’s social investment programme if it won, while the ruling party’s understanding of the imperative of delivering social justice was the provision of a massive social safety net.

“This was a fundamental feature of our manifesto.

“So, our Social Investment Programme, which is the most ambitious welfare programme on the continent, and our effort to expand universal health insurance all aim at ensuring that our most vulnerable citizens are not abandoned to the vicissitudes of fate.”

On the appointment of judges as an important area of reform in the system, Osinbajo said that judicial appointments should follow a merit-based system.

According to the vice president, stakeholders need to clearly look more carefully at how judges are selected.

“There has to be an objective process of selecting judges; we cannot insist that the only way to become a judge is to be a (judicial) career person or move from the high court to the Court of Appeal, to the Supreme Court.

“ We must be able to bring in practicing lawyers, academics to be justices of the Court of Appeal and Supreme Court; if it requires rewriting the rules, then let us rewrite the rules,” he said.

In his contribution, the keynote speaker, Oditah said pertinent issues that required urgent reform in the administration of justice system included the reform of dispute resolution mechanisms.

He also listed the overhaul of the current system that focused more on technicalities rather than the substance of cases brought before the courts, among others.

Oditah regretted instances where appellate courts overturned decisions merely based on technicalities, without addressing the public interest implications.

He said that such judicial behavior was not desirable, should be avoided and possibly prevented as much as possible through the reforms.

The summit was moderated by Mr Bode Olanipekun, the Managing Partner of Wole Olanipekun Chambers.