ABUJA (SundiataPost) – The Harvard Kennedy School of Government has appointed a Nigerian, Mr. Patrick Okigbo III as a senior fellow of the Mossavar-Rahmani Center for Business and Government (M-RCBG) for the 2020-2021 academic year.
Okigbo III will join 17 other distinguished professionals from business and government to address issues at the interface of public and private sectors.
This was disclosed in a statement on Wednesday by Ms. Victoria Omachi of Nextier Capital Limited, saying the Senior Fellows roles will strengthen the connection between theory and practice, offering both faculty and students insights to the nature of social problems and their most practical solutions.
As a senior fellow, Omachi stated, Okigbo’s research will be on ‘Rebuilding the Falling House: Technology Innovations and Africa’s Renaissance’. She said his faculty sponsor is Harvard Professor John Haigh who is the Co-Director of the M-RCBG with Larry Summers and is a Lecturer at the Harvard Kennedy School.
According to her, this research underpins Okigbo’s conviction that Africa can leapfrog to the next frontier of development by leveraging ubiquitous technology innovations to address many of her governance and development challenges. Alongside his research engagement, she said, the Harvard Fellow will lead study group sessions with other Senior Fellows, lecturers and students at the Harvard Kennedy School in his area of research.
Part of the statement read: “Okigbo is the founder of Nextier Advisory, a public policy advisory firm with a focus on improving governance and development outcomes in Africa. Nextier works with major government institutions and international development partners. It is the local implementing partner of two of the most extensive infrastructure-focused development programmes in Nigeria. Nextier manages grants from top foundations including the John D. and Catherine T. MacArthur Foundation and George Soros-funded Open Society Initiative for West Africa.
“Okigbo holds a bachelor of agriculture degree from the University of Nigeria, a masters in business administration from the Goizueta Business School of Emory University in Atlanta, and an executive masters in public administration from the London School of Economics and Political Sciences. “He sits on the board of Tenece, a technology services firm with operations in four African countries and the United Arab Emirates. He is a global advisor to Energy for Growth Hub, a Washington D.C.-based energy solutions institution. “Okigbo serves on several federal and state government committees and is a trusted advisor to several senior public sector actors. “Earlier in his career, he was a consultant with Accenture, Vice President with Citigroup in New York and Washington DC, Chief Financial Officer at Transcorp Plc., and a senior special assistant to President Goodluck Jonathan. Okigbo writes a regular blog on public policy and is widely published in newspapers.”
President Muhammadu Buhari has approved the appointment of Professor Adesoji Adesugba as the new Managing Director of Nigeria Export Processing Zones Authority (NEPZA), a parastatal under the Federal Ministry of Trade and Investment.
The President’s approval was given in a letter addressed to the Minister, dated June 26, 2020, and signed by Professor Ibrahim Gambari, the Chief of Staff to the President.
According to a statement made available to journalists in Abuja, on Tuesday, by the Media Assistant to Minister of Trade and Investment, Mr Julius Toba-Jegede, Otunba Richard Adeniyi Adebayo hailed President Muhammadu Buhari over the appointment of Prof Adesoji Adesugba.
The Minister who expressed confidence over the choice of Adesugba said his wealth of experience coupled with his academic exposure would add value to the attainment of NEPZA’s core mandate, urging the new appointee to pilot the affairs of the agency with transparency and an open-door policy that will accelerate Federal Government’s target for economic zones across the country, especially in the area of job creation.
Prof Adesugba, an accomplished specialist in Investment Promotion and Economic Development, is a lawyer and a veteran of business promotion within and outside Nigeria.
An accomplished specialist in Investment Promotion and Economic Development, Adesoji Adesugba, is known for his proficiency in organisational development and institutional reforms. He has combined the best in private sector entrepreneurial acumen with an expert ability to navigate public sector practice.
Adesugba is the National Legal Adviser of the National Association of Chambers of Commerce Industry Mines and Agriculture (NACCIMA) and the Chairman of its Education Committee. Adesugba lectures part-time as a Professor of Business Administration at the Roegate College in Dublin, Ireland, and also lectured Investment Promotion at the Baden International Business School, Baden, Switzerland. Until recently, he was a visiting Professor at the American University of West Africa, Banjul Gambia.
Adesugba is the founder and the Provost at the Business Entrepreneurship Skills and Technology (BEST) Centre and a Vice President at the Abuja Chamber of Commerce and Industry (ACCI). Prof. Adesugba is also the founder and President of the first Gemological Institute in West Africa, the Gemological Institute of Nigeria (GIN). He is also the founder and the National Coordinator of the Gemstones Miners and Marketers Association of Nigeria (GMMAN). Prof. Adesugba is a Vice President at the Nigerian Chamber of Mines.
A certified international arbitrator and mediator, Prof. Adesugba worked as the Chairman of the Industrial Arbitration Panel (IAP), a Federal Government of Nigeria agency set up for the resolution of industrial disputes. Before working at the IAP, Prof. Adesugba served as a Director at the Nigerian Investment Promotion Commission (NIPC), where he was responsible for the development of strategies to promote and target investments into the Nigerian economy.
Between 2005 to 2007, Adesugba was seconded from the NIPC to the Bureau of Public Enterprises (BPE) as the Head of Marketing, Communications, and External Relations, to help reinvigorate the privatisation exercise of the Federal Government of Nigeria. At the BPE, he served as a member of the National Council on Privatisation, subcommittee on marketing, media, and publicity.
Prof Adesugba started his career in the public service as a Superintendent Collector Grade II, at the Nigerian Customs Service in August 1982 and rose to the rank of Chief Superintendent before leaving the service for the NIPC in 1999.
He serves on the boards of various non-profit organizations dedicated to youth empowerment, economic development, gender, and policy issues.
Prof Adesoji Adesugba obtained his doctorate in Business Administration with the highest distinction from the California Southern University in the USA. He has an M.Sc. degree in Investment Promotion and Economic Development from the Edinburgh Napier University in Scotland, UK, and his MBA from the Ogun State University in Nigeria, his first degree was a B.Sc. degree in Business Administration from the University of Lagos in 1981.
Adesugba also studied law and obtained his LL.B. from the University of Lagos in 1987. Adesugba was called to the Nigerian Bar in 1989. Prof Dr Adesugba has a certificate in Chinese Economic Development from the Normal University, Beijing China; a Diploma in International Commercial Arbitration from the Chartered Institute of Arbitrators (UK); and a certificate from the Columbia Law School in New York.
He is a Fellow of the Chartered Institute of Arbitrators (UK), a Fellow of the Institute of Chartered Mediators and Conciliators, a Fellow of the National Institute of Marketing of Nigeria and a Fellow of the Chartered Taxation Institute of Nigeria.
Adesugba is also a media and communication enthusiast and serves as the Chairman, Editorial Board of Sahel Standard Media Group.
Legal luminary and founder of Afe Babalola University, Chief Afe Babalola (SAN), on Wednesday condemned the rising rape cases, and called on the Federal Government to declare a state of emergency on rape matters.
The elder statesman, in a statement by his Media Coordinator, Tunde Olofintila, in Ado Ekiti, also recommended an amendment to the laws relating to rape, such that rapists would not be imprisoned only, but castrated to serve as deterrent to others.
Babalola said because of anxiety in the land, castrating rapists could not be said to be too much.
Babalola recalled the case of 22-year-old Vera Omozuwa, a 100 Level student of University of Benin, and that of 19-year-old Barakat Bello, a student of the Institute of Agriculture, Research and Training, Ibadan who were raped and murdered.
According to him, the society could not afford to fold its arms without drastic actions.
“The prevalence of rape cases is not only alarming, but worrisome. It is worrisome in the sense that it is inconceivable that a male could forcefully rape someone and go further to kill her.
“Today, we have cases where fathers rape their daughters which, to me, is abnormal. We have young men raping young girls and killing them, why?
“Every concerned Nigerian is worried by the problem. You can imagine your daughter going to school and she is gang-raped. This is totally unacceptable and we should rise with one voice to fight the menace.
”In my days, when I was young, rape was unknown. There were no super rich people but there was no poverty. To me, poverty is one reasons why people rape.
“An unemployed person, who is also poor, will find it difficult to have a lady friend or wife and when he has desire and there is no means, he can be pushed to raping a lady,” Babalola said.
He also attributed the frequent cases of rape and murder on use of hard drugs.
He stressed that anyone on drugs could not be presumed normal, which might have been responsible for some fathers raping their own children.
Babalola also condemned some herbalists who would assure people that making use of women’s under wears or cutting parts of a lady’s genitals could make them rich.
He said society would recover from the scourge of rape through constant vigilance, observance of religious tenets of love, provision of employment and avoidance of drugs.
Practical Considerations to Negotiate an Enforceable Joint Operating Agreement in Civil Law Jurisdictions (Netherlands: Kluwer Law International, 2020) By Professor Damilola S. Olawuyi, LL. B (1st Class), BL (1st Class), LL.M (Calgary), LL.M (Harvard), DPhil (Oxford), Professor of Law and Deputy Vice-Chancellor, Afe Babalola University, Ado Ekiti, Nigeria, www.damilolaolawuyi.com. & Professor Eduardo G. Pereira, LL. B (Brazil), LL.M (Aberdeen), PhD (Aberdeen),www.eduardogpereira.com
Book information For more information or to order your copies, please contact Mr. Keji Kolawole: [email protected] , Tel: +234 81 40000 988
Black market fuel made from stolen oil in rudimentary “bush” refineries hidden deep in the creeks and swamps of the Niger delta is less polluting than the highly toxic diesel and petrol that Europe exports to Nigeria, new laboratory analysis has found.
Shell, Exxon, Chevron and other major oil companies extract and export up to 2m barrels a day of high quality, low sulphur “Bonny Light” crude from the Niger delta. But very little of this oil is refined in the country because its four state-owned refineries are dysfunctional or have closed.
Instead, international dealers export to Nigeria around 900,000 tonnes a year of low-grade, “dirty” fuel, made in Dutch, Belgian and other European refineries, and hundreds of small-scale artisanal refineries produce large quantities of illegal fuel from oil stolen from the network of oil pipelines that criss-cross the Niger delta.
The net result, says international resource watchdog group Stakeholder Democracy Network (SDN) in a new report, is that Nigeria has some of the worst air pollution in the world, with dense clouds of choking soot hanging over gridlocked cities leading to a rise in serious health conditions as well as damaged vehicles.
Illegal refineries and pollution among the waterways in Rivers State, Nigeria. Photograph: Staff/Reuters
The extreme toxicity of the “official” fuel exported from Europe surprised researchers who took samples of diesel sold in government-licensed filling stations in Port Harcourt and Lagos. They found that on average the fuel exceeded EU pollution limits by as much as 204 times, and by 43 times the level for gasoline.
Laboratory analysis also showed that the black market fuel was highly polluting but of a higher quality than the imported diesel and gasoline. The average “unofficial” diesel tested exceeded the level of EU sulphur standards 152 times, and 40 times the level for gasoline.
“Our research suggests that Nigeria is having dirty fuel dumped on it that cannot be sold to other countries with higher and better implemented standards. The situation is so bad that the average diesels sampled are of an even lower quality that that produced by artisanal refining camps in the creeks of the Niger delta,” said Florence Kayemba, SDN programme manager.
With more than 11m, mostly old, cars imported from Europe and Japan on the roads, and hundreds of thousands of inefficient generators used by households and businesses for electricity, Nigeria ranks fourth in the world for deaths caused by air pollution. It has been estimated that 114,000 people die prematurely from air pollution each year.
The air quality in cities like Port Harcourt, Aba, Onitsha and Kaduna has reached crisis levels of pollution in recent years,u and there is mounting evidence of rising asthma, lung, heart and respiratory diseases.
A firefighter works to put out the fire from a ruptured oil pipeline near Lagos. Photograph:
More than half of developing countries, mainly in Africa and Latin America, still use high-sulphur fuels which have long been illegal to burn in western countries. In Nigeria the practice is encouraged by an opaque fuel subsidy system that keeps prices relatively low at the pumps, but is widely thought to fuel corruption. Refineries in Europe are allowed to make the fuel if countries agree to accept it.
The SDN report, part-funded by the UK Foreign Office’s anti-corruption conflict, stability and security fund, calculates that around half the air pollution in Port Harcourt, a city of more than 3 million people, comes from the burning of official and unofficial fuel. The rest comes from nearby gas flaring, other industries, and the burning of rubbish.
Levels of particulate matter in Port Harcourt and Lagos, says SDN, are 20% worse than Delhi in India, the most polluted capital city in the world, where emergency levels of photochemical smogs are common. In 2016, the River Niger port city of Onitsha was said by the World Health Organization to be the world’s most polluted city, the concentration of PM10s – soot particles – was recorded at 594 micrograms per cubic metre; compared with the WHO safe limit of 66.
“The Niger delta already suffers environmental, health and livelihood impacts from decades of oil spill pollution, gas flaring and artisanal refining. This research indicates that it not only experiences the repercussions of producing crude oil, but also in the consumption of dirty official and unofficial fuels,” said the report.
According to industry sources which track legal and illegal oil cargo movements – who asked to remain anonymous – around 80% of Nigeria’s petroleum products come from the Netherlands and Belgium. The two countries have some of Europe’s largest refineries.
“This is even more concerning at a time when Nigeria is facing an outbreak of coronavirus. High levels of pollution and pre-existing respiratory and other health conditions may increase the risk that Covid-19 poses to the health of the population,” said Matthew Halstead of Noctis, which conducted the laboratory research.
The SDN report substantiates allegations made in a 2016 Public Eye investigation and a Dutch government report in 2018, that European refineries and commodity brokers were blending crude oil with benzene and other carcinogenic chemicals to create fuels hundreds of times over European pollution limits for the weakly-regulated African market. This was said to be causing significant particulate pollution, damage to vehicles, and adverse health impacts for local populations.
Nigeria, along with Togo, Ghana, Ivory Coast and Benin promised in 2017 to stop the imports of “Africa quality” oil products as part of a UN environment programme initiative. But while Ghana has acted, reducing sulphur from 3,000 to 50 parts per million, Nigeria has argued that it needs more time to adapt.
Traffic as people attempt to rush out of Abuja, Nigeria. Photograph: Afolabi Sotunde/Reuters
However, the recent collapse in oil prices because of Covid-19 means that imported fuel no longer needs to be subsidised and should no longer be a barrier to Nigeria adopting higher standards.
Illegal artisanal refineries are said by SDN to be growing fast in number and scale, now producing 5-20% of all the gasoline and diesel consumed in Nigeria from the estimated 175,000 barrels of crude oil stolen each year.
The bush refineries are highly dangerous and frequently explode, adding to air, water and soil pollution in the mangrove swamps. But they are an important source of income for communities.
According to SDG, if Nigeria insisted on diesel imports that complied to the country’s intended fuel sulphur standards, particulate emissions could be reduced by 50%, greatly improving pollution and reducing health costs. It recommends that Nigeria enforces its proposed sulphur standards as soon as possible and considers engaging with artisanal oil refiners in future.
• This article was amended on 1 July 2020. An earlier version incorrectly said in the final paragraph that particulate emissions could be reduced “by 500%”, rather than 50%.
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It is not gainsaid that the term ‘next of kin’ has traditionally been used to refer to a person’s closest living relative. Despite the fact that people use ‘next of kin’ a lot, the term ‘next of kin’ is used in different context for different purpose. For instance, in hospital, a next of kin is a person who the staff of the hospital can contact and keep up to date on a patient’s condition. Such person appointed as one’s next of kin has responsibility and right to give advice on what the patient’s wishes might be when the patient is unconscious but the limitation of person acting as patient’s next of kin is that he/she cannot consent or refuse any treatment on the patient’s behalf.
Far from the above given instance, this piece is written with a view to explaining the rights, responsibilities and limitation of a next of kin in the legal parlance and dislodging the notorious belief of many Nigerians that once the person who appoints the next of kin dies intestate (without Will), a person appointed as a next of kin of a deceased person automatically inherit deceased person’s estate and become the owner of the deceased estate.
It is not in doubt that rights are essential conditions of social life without which no person can generally realize his best self but the rights in focus in this piece are: ‘Ownership rightof a deceased person during his/her lifetime over his/her estate and right of action, that is, right to sue and be sued in representative capacity of the next of kin to the deceased person’.
‘WHO THEN IS A NEXT OF KIN IN LEGAL PARLANCE?’
Ejembi Eko J.C.A. with reference to Black’s Law Dictionary and Chambers 20th Century English Dictionary defines the term ‘next of kin’ in Joseph vs. Fajemilehin O.O &Anor.(2012)LPELR -9849 (CA) as ‘the person declared to be the nearest of kindred to the declarant.’
Flowing from the above definition, the term ‘Next of Kin’ refers to one’s nearest relation who can be a spouse, child or person’s closest living blood relative.
Next to the definition of a next of kin in legal parlance is the pressing questions: ‘Does Ownership rightof a deceased person during his/her lifetime over his/her estate become rights of a next of kin upon the demise of the deceased person?’; ‘Can a next of kin sue or be sued in representative capacity of the next of kin to the deceased person?’ begging for rational answers.
DOES OWNERSHIP RIGHTOF A DECEASED PERSON DURING HIS/HER LIFETIME OVER HIS/HER ESTATE BECOME RIGHTS OF A NEXT OF KIN UPON THE DEMISE OF THE DECEASED PERSON?
Ownership as defined in the case of Fagunwa Vs. Adibi (2004) 17 NWLR (Part 903)544@ 568 paragraphs D-E connotes the totality of or the bundle of the rights of the owner over and above every other person on a thing. Thus, ownership connotes a complete and total right over property. The property begins with the owner and also ends with him.
It is crystal clear that that the ownership right of a deceased person over his/her property during lifetime of the deceased person begun with him/her and ended with him/her but upon his/her demise, the said ownership right ceased. Does the deceased ownership right automatically transfer to the next of kin simply because such person is appointed a next of kin?
Flowing from the questions above is the deductible fact that the transfer of ceased ownership right of a deceased person over his/her estate in focus is an issue of succession which is governed by law of the land.
It is to be noted that unlike the testate succession which is primarily on the Will, the intestate succession under discussion basically involves the application of the Common Law, Administration of Estate Laws of the various States and Customary law.
It is fundamentally important to make it known that according to Prof. Itse Sagay the factor which determines which system of law is to apply in every case is the type of marriage contracted by the intestate person and it is the writer’s stand that none of the aforementioned systems of laws confers any ceased ownership right of a deceased person over his/her estate on a next of kin.
It is further important to note that the common law principle governs the administration of the estate of persons, who dies intestate (without Will) while domiciled in Nigeria; the Administration of Estate Law regulates the administration of the estate of a person who married under the Nigerian Marriage Act, but never the less dies intestate domiciled in Nigeria and succession under Customary law applicable to the person who is subject to customary law and dies without being survived by a spouse or a child of that marriage.
In view of the foregoing, it is convenient to round the above discussion off with a stand that the ownership rightof a deceased person during his/her lifetime over his/her estate does not automatically become rights of a next of kin upon the demise of the deceased person.
CAN A NEXT OF KIN SUE OR BE SUED IN REPRESENTATIVE CAPACITY OF THE NEXT OF KIN TO THE DECEASED PERSON?
Springing from the preceding discussion is the next question: ‘Can a next of kin sue or be sued in a representative capacity of the next of kin to the deceased person upon the demise of the deceased person?’
It is to be noted that ‘Right of action’ is a threshold issue that goes to the root of the suit and affects the jurisdiction of the Court. In legal parlance, right of action is christened ‘locus standi’ which has been defined by a long line of decided cases as the legal capacity to institute proceedings in Court.
It is worth saying that much as right of action is a threshold issue that touches the jurisdiction of the court, it is a springboard for the competence of an action in court. Thus, once a party who institutes an action lacks a right to institute his or her action, the action becomes incompetent.
It is no gainsaying that for action to be competent; such action must be instituted by a party recognized as juristic person in the legal parlance and a party purports to bring an action in respect of the estate of a deceased person is Trustee, Executor or Administrator of the Estate and no other. Fortifying the writer’s stand is the case of Union Bank vs. Mkena (2019) LPELR-47197(CA) wherein the court held thus:
‘In the instant case as aforesaid, it is not in dispute that the Plaintiff (now Respondent) commenced this action as the next of kin of the Late Dr. Terlumun Mkena. It goes without saying that such a standing cannot vest the Plaintiff with the requisite capacity to sue. By a long line of decided cases, it is incontrovertible that where a party purports to bring an action in respect of the estate of a deceased person, in order to be competent, such an action must be instituted by the Trustee, Executor or Administrator of the Estate, and no other.’
It is crystal clear and deductible fact from the above quoted decision of the court that it is only Trustee, Executor or Administrator of the Estate who has right of action to bring an action in respect of the estate of a deceased person and no other person. Hence, a next of kin is excluded from the party recognized by law as one who has right of action to bring an action in respect of the estate of a deceased person.
It is the writer’s stand that though the word ‘no more’ used in the above quoted decision excludes a next of kin from persons with legal capacity to sue in respect of the estate of a deceased person; the exclusion is in respect of Civil action only and not for action under Fundamental Rights Enforcement Procedure Rules for enforcement of right of a deceased person so allegedly deprived of him or her during his/her lifetime by a next of kin of a deceased person which law allows.
It is to be further noted that the Constitution of the Federal Republic of Nigeria under section 46(1) provided for any person to take action or initiate proceedings where any of the rights provided for under the provisions of Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended) are in issue; and it provides thus:
‘Any person who alleges that any of the provisions of this Chapter has been, is being or likely to be contravened in any State in relation to him may apply to a High Court in that State for redress’
In interpreting the provision of section 46 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) by Yargata Byenchit Nimpar, J.C.A in the case of Dilly vs. IGP & Ors (2016) LPELR-41452 held that ‘any person’ includes the ‘next of kin’ of a person whose rights have been violated and the phrase ‘in relation to him’ to mean such relationship that inures such interest as to be affected by the said violation especially in right to life
It is the writer’s stand that from the interpretation of section 46(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), a next of kin is allowed to enforce the infringed right of a deceased person and an action for enforcement of the infringed right of a deceased person by a next of kin is an exception to the general rule that only the Trustee, Executor or Administrator of the Estate can institute action in respect of the estate of a deceased person and no other. Fortifying the writer’s stand is the case of Ahmad vs. S.S.H.A (2002) 15 NWLR (Part 791)539@563 wherein Salami J.C.A (as he then was) held thus:
‘The combined effect of reading these sections together shows that there is no limitation or qualification to the nature of persons who may seek to enforce contravention of their right under Chapter IV of the Constitution is beyond any argument and are without exception or qualification for all persons. The section undoubtedly give access to Court for the enforcement of the rights guaranteed under Chapter IV of the Constitution to all manner of people, without exception, who claim their Rights have been trampled upon; just as Section 6(6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) gives access to Court for the enforcement and determination of all civil rights and obligation including right guaranteed under Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended). I am encouraged in this view by article ‘a’ or ‘any’ qualifying the word person wherever they occur.’
It is to be noted that ‘Right to life’ is in a class of its own because its violations range from attempt which is a process before full of violation occurs which is when violation is completed. Before completion, the person can act for himself. When, however, such violation has gone to the irreversible stage such as death, then such can only be litigated by next of kin.
It is however convenient to ask if representation is not allowed how then can violations to right to life be redressed when the victim of the deprivation has been dead?
It is the writer’s stand that failure to accommodate right of action of a next of kin to seek redress for the victim who become dead would be against the grain of the Constitution because to the writer’s mind it is the only right that can be redressed in the absence of the possessor of the right.
It is the writer’s stand that not only breach of right to life of a dead person can be litigated in the Court by a next of kin in a representative capacity for the deceased person; a next of kin is also permitted to enforce other fundamental rights of the deceased person because failure to address such violations would create a monstrous where infractions would continue unabated and without redress thereby reducing such fundamental right to chasing shadows or holding the wind.
It is conveniently important to round this piece off with the note that:
A Next of Kin is the first point to make decisions in times of emergency
A Next of Kin is empowered to provide necessary information about the person who appoints a next of kin where needed such as confirming identity of the person who appoints a Next of Kin
A Next of Kin is positioned to make medical decisions such as providing consent for a medical procedure
A Next of kin is not necessarily the person intended as a direct beneficiary of the deceased’s estate or entitlement.
A Next of Kin has the right to litigate the breach of the deceased’s Fundamental Rights in a representative capacity.
A Next of Kin is not automatically qualified to inherit a deceased person’s estate
A Next of Kin is not superior to the beneficiaries named in a Will
Regarding the claim and administration of the deceased’s estate, the Next of Kin does not really have legal authority. At best, he/she can ensure that necessary steps are taken towards obtaining a letter of administration from the probate.
The Chief Judge (CJ) of the Federal Capital Territory (FCT) High Court, Justice Ishaq Bello has identified paucity of fund as one of the major challenges that hamper justice delivery in the country.
Justice Bello who stated this in an interview on ARISE NEWS Channel, a sister broadcast arm of THISDAY Newspapers, noted that if the justice sector must perform optimally, government at all levels must show commitment in the provision of necessary funding.
The CJ who commended major actors in the sector such as the police, the judiciary and the correctional service for performing well in the face of the limited resources at their disposal, however called for some radical reforms in order to move the sector forward.
“Against the background of challenges faced by the government apparatus that is the police, the court and the Correctional Service, I will say they have done well in the discharge of their mandates. I repeat, against the background of challenges, because the three require intensive investment in terms of provisions of the wherewithal to either conduct investigations that is referring to the police department or any agency.
“A lot of provisions are required in terms of logistics, scientific apparatus, forensic lab and many other related things for them to perform optimally.
“In the face of paucity of funds, challenges are enormous and they can only perform within the availability of funds and what such paucity of funds can provide in terms of enabling environment for effective performance. The same explanation applies to the judiciary for the purpose of discharging adjudicative responsibilities.
On how paucity of funds affect justice delivery in relation to the Correctional Service, Justice Bello noted that the court may be ready for trial but the defendant is not available due to some logistics and other challenges faced by the service in producing the defendant in court.
Justice Bello however disclosed that for the country to improve on justice delivery in the country there is the need for urgent reforms, particularly of the courts and the various laws guiding court’s proceedings as such laws according to him, are not only obsolete but are relics of colonialism.
“Some penal provisions cannot meet the challenges of the moment; they are inadequate.
“There is the need to review a lot of the substantive and procedural laws that operate in guiding the justice delivery system and bring them up to international standards,” he said.
While identifying issues such as Holding Charge and Trial-Within-Trial as some of the areas needing urgent reforms, Justice Bello disclosed that he is currently drafting a new Practice Directions to address the issue.
“Trial-Within-Trial is blocking smooth conduct of proceedings. We will no longer tolerate any person bringing 10 witnesses in Trial-Within-Trial”, he said.
The Chief Judge which is spearheading many reforms in the judiciary, also disclosed of plans to adopt a court sharing system like in other climes where judges share court in the discharge of their duties in order to reduce cost.
He lamented the poor conditions of the nation’s courtrooms as well as working conditions of some judges which according to him impact negatively on their health after retirement.
Speaking on the issue of conflicting Judgments by courts of coordinate jurisdiction, Justice Bello said that Judges most times should not be blamed as they may not be aware that a brother judge is on the matter or has already given judgment, adding that if lawyers refused to divulge information there is nothing anyone can do.
He however disclosed that to tackle the situation, he introduced a new Practice Directions in the FCT High Court that bars judges in the jurisdiction from entertaining political cases that emanated from states other than the FCT.
An obscene video of the raping of a woman, allegedly by Fulani herdsmen, who filmed and circulated the dastardly act, is drawing condemnation, just as another gang-raped woman in Anambra has died in her home state of Ebonyi.
Rape, a weapon of choice by herdsmen against women, has become widespread across the country, from the North to the South. Many women have been raped in recent months, leading to death after the women were subsequently attacked with . nearby objects. The case of a University of Benin undergraduate and another young lady in Ibadan are under investigation.
But the rate of rape by women by herdsmen is assuming frightening proportions.
Worse, many of the women do not step forward because of the stigma attached to it. In the north of the country, an unwritten code of silence prevails as the women suffer psychological pains in silence. Some are quietly divorced, while many bear their pain with forced equanimity.
“Others don’t dare mention their rape on the farms, bush paths, and streams littered over here where we do not have water supply near our homes,” a source said in Niger State years ago.
Another said: “When you hear of banditry and kidnappings, be sure you did not hear the full story. In the South, they are a little more open; in the north, use your imagination, but the situation is terrible, it has been with us for decades and we pretend about it all. The herdsmen is considered a dangerous specie here”.
The source, who insists on anonymity, added curiously, “but you will be shocked it is not only herdsmen. Do you remember the son of a prominent Nigerian and Governor advocating gang-raping someone’s mother? What happened? Didn’t that state government weeks after begin to advocate against rape? That is the world we live in”.
He adds, “do you recall insurgents impregnating those they abducted, including peoples’ wives? What do you think is responsible? Minds are sick and barbaric, and only God can save and deliver all up here and down there where people are more open about these things”.
Meanwhile, a middle-aged woman who was allegedly raped to coma in a farmland at Ebenebe in Awka North local government area of Anambra State by suspected herdsmen has reportedly died in her home state of Ebonyi.
The woman, whose name was given as Agnes Okekpe from Abakaliki local government area was said to be working on a farmland in the community as a labourer late last year when suspected herdsmen who went into the farm with herd of cattle allegedly gang-raped her until she lost consciousness. She was later taken to her state by her relations for treatment where she recently died.
President-general of Ebenebe, Mr. Paul Nnatuanya, while narrating the emotion –laden story, said the woman’s ordeal was the common thing his people have been experiencing, in addition to the destruction of farmlands by suspected herdsmen.
He said: “The information we got from Ebonyi State was that Agnes has died. After she was raped to coma, our people took her to the hospital where she was revived. She died as a result of the trauma she suffered.
“After she was discharged from the hospital, she travelled back to her place in Ebonyi State; perhaps, to continue treatment there.” She didn’t continue with the business she came for.” “Her colleague who was able to escape said that before the rape, the herdsmen hit the woman with a log of wood, which made her weak and unable to raise the alarm..
“The herdsmen also took the money the woman tied on the her wrapper and it was the victim’s colleague that ran back to the town to alert the residents, who found her lying helplessly on the farm. When the villagers stormed the scene, she was already lying unconscious on the ground.”
rs Victoria, wife of Lance Corporal Martins, has been arrested for granting a media interview over her husband’s arrest, SaharaReporters has discovered.
In a viral video published by SaharaReporters, Lance Corporal Martins complained about the inadequate measures employed by the army in combating Boko Harm.
He blamed the Chief of Army Staff, Maj. Gen Tukur Buratai, for the failings of millitary personnel in crushing Boko Haram.
Lance Corporal Martins was later arrested and transfered to the Army Headquarters in Abuja. Lance Corporal Martins berated the security chiefs of Nigeria for deliberately not acting to stop the incessant killings of Nigerians by terrorists and armed bandits.
Speaking with SaharaReporters on Wednesday, Mrs Victoria said fending for her three children.has been her major worry since her husband’s arrest.
She said, “A day before he posted the video, he called me to ask for recharge card to buy data but I didn’t send it him because he already told me that he wanted to post a video about the problems they are facing in the army.
“He told me to prepare for the worst. So, I didn’t send him the data because I don’t want him to get into trouble by uploading the video on social media.”
The woman said she asked her husband how they will manage their family if he was sanctioned and things go worst.
She said, “I asked him where do we start as a family. But he said I should man up, that I’ve been the one taking care of the family before now.”
Mrs Victoria said her husband was one, who will not refrain from speaking the truth because of fear or favour.
“Day before yesterday, he was on off and he resumed duty yesterday.
“He made a video call with the children after he resumed at the office.
“Not up to 30 minutes later, he called that they’ve arrested him and they are taking him to the guard room. He said if you hear from me, fine, if you don’t hear from me, fine.
“My husband’s main issue/complaint is that there is no ammunition to fight in the North-East, no ammunition, if you complain it’s a problem.
“They don’t pay them well. Navy get more pay, army don’t get all their allowances that should be given to them
“I can’t hear from him, they’ve collected his phone and his colleagues don’t want to release information about him.”
Shell Nigeria Had, SNG, has completed the final phase of its 20km domestic gas pipeline expansion project in Abia State, connecting Agbor Hill, Osisioma and Araria industrial zones.
The project has also enabled the supply of pipeline gas to Ariaria Market Energy Solutions Limited, the Independent Power Project (IPP) consortium that provides electricity to the popular Ariaria market in Abia State. Ariaria International Market is one of the largest leather shoe-making and open stall markets in West Africa, with over 37,000 shops and an estimated one million traders.
Managing Director, SNG, Ed Ubong, said, “We are proud of this domestic gas infrastructure investment which allows the industries in Abia to have more reliable and cleaner source of energy. SNG is committed to supporting Nigeria’s industrialisation provided there is a stable regulatory environment in the domestic gas sector that allows investors recover their investment.”
Christopher Eze, managing director, NICEN Industries Limited, a paint and plastics manufacturer connected to the pipeline gas, said, “SNG has put life back into our industries in Aba through the provision of this natural gas line. This milestone will open up the state for an influx of investors thereby creating an enabling environment that will generate job opportunities for the youth of the State. I am sure that many industries in Aba will quickly take advantage of this great opportunity. Our company sincerely appreciates SNG for this great feat”.
Also speaking on the completion of the expansion project, President of the Manufacturers Association of Nigeria, MAN, Mansur Ahmed, said, “MAN is proud of the role that Shell is playing in driving industrialisation in Nigeria through domestic gas supply. Industries and manufacturing plants play a key role in transforming the Nigerian economy and this project will connect many manufacturers in Abia State, one of the nation’s major industrial hubs, to pipeline gas, which is a cheaper, cleaner and more reliable source of energy.
According to Ahmed, the gas supply to the Ariaria Market IPP would strengthen micro, small and medium enterprises in the Abia State and enhance the operating environment for manufacturing to thrive.
SNG together with its partners and local stakeholders has agreements to build infrastructure and deliver natural gas to over 150 industrial and commercial customers, mostly in Ogun, Abia, Rivers, Bayelsa and Lagos States. This will drive industrialisation, provide employment for skilled and unskilled local population in addition to directly improving internally generated revenues in these states.
With a reputation for safety, credibility and reliability, SNG has maintained a 16-year streak of successful ISO 14001 certification and has operated for over 10 years without any lost time injuries.
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit asking the Federal High Court, Abuja to order the Federal Government and Central Bank of Nigeria (CBN) to “publicly identify and name Nigerians who have so far benefited from any cash payments, cash transfers, food distribution and other reliefs and palliatives during the lockdown in Abuja, Lagos and Ogun states because of COVID-19.”
In the suit number FHC/ABJ/CS/657/2020 filed last week, SERAP is seeking: “an order for leave to apply for judicial review and an order of mandamus to compel Ms Sadia Umar-Farouk, Minister of Humanitarian Affairs, Disasters Management and Social Development, and Mr Godwin Emefiele, CBN governor, to publish spending details of public funds and private sector donations to provide socio-economic benefits to the country’s poorest and most vulnerable people.”
SERAP is also seeking “an order to direct and compel Ms Umar-Farouk and Mr Emefiele to publish up-to-date list of donations and names of those who have made payments as per their publicly announced donations; spending details of the N500 billion COVID-19 intervention fund, and the names of beneficiaries, and whether such beneficiaries include people living with disabilities (PWDs).”
The suit followed SERAP’s Freedom of Information (FoI) requests dated 4 April, 2020, expressing concern that: “millions of the country’s poorest and most vulnerable people have not benefited from the announced palliatives, donations, reported cash payments, cash transfers and other reliefs.”
SERAP is also seeking: “a declaration that the failure of the Minister of Humanitarian Affairs, Disasters Management and Social Development, and the CBN governor to provide SERAP with the requested information on spending details of public money and private donations and to publish names of beneficiaries amount to a fundamental violation of the FoI Act and the African Charter on Human and Peoples’ Rights.”
The suit filed on behalf of SERAP by its counsel, Kolawole Oluwadare and Joke Fekumo, read in part: “By a combined reading of the FoI Act and the African Charter on Human and Peoples’ Rights, Ms Umar-Farouk and Mr Emefiele ought to be directed and compelled to make public details of those that have benefited from COVID-19 funds and donations.”
“Any perception that the reliefs, funds and donations are not reaching intended beneficiaries would undermine public trust and the integrity of the entire processes and modes of distribution of reliefs/benefits to these Nigerians.”
“Both the Minister of Humanitarian Affairs, Disasters Management and Social Development, and the CBN governor have a legal duty to ensure that information on the details of those who have so far benefited from COVID-19 funds and donations is released to SERAP upon requests, and that the information is widely published. Yet, both have completely ignored SERAP’s requests.”
“SERAP and indeed the general public have a legitimate interest in ascertaining and scrutinizing the veracity of the claims of how the COVID-19 funds and donations have been spent, and to know that the intended beneficiaries actually received any benefits.”
“Ms Umar-Farouk and Mr Emefiele also ought to be directed and compelled to make public details of any plan to provide social and economic reliefs to the over 80 million of the country’s poorest and the most vulnerable people, beyond the 11 million targeted by the Federal Government across 35 states.”
“Democracy cannot flourish in the absence of citizens’ access to information, no matter how much open discussion and debate is allowed. This suit would ensure transparency and accountability in the spending of COVID-19 money and donations.”
“SERAP submits that the principle of disclosure of information in overriding public interest has been internationally reaffirmed, including in the Joint Declaration adopted by the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression.”
“The Joint Declaration states that the right of access to information should be subject to a narrow, carefully tailored system of exceptions. Exceptions should apply only where there is a risk of substantial harm to the protected interest and where that harm is greater than the overriding public interest in having access to the information.”
No date has been fixed for the hearing of the suit.
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Lance Corporal Martins berated the security chiefs of Nigeria for deliberately not acting to stop the incessant killings of Nigerians by terrorists and armed bandits.
