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Incest accusation in prominent family prompts French national reckoning with child abuse

Olivier Duhamel, French political specialist and newly elected as the head of the Fondation Nationale des Sciences Politiques (FNSP), poses on May 19, 2016 at the Sciences Po school in Paris. - The FNSP is both the managing body of the Institut d'??tudes politiques de Paris or IEP Paris (Paris Institute of Political Studies), and the central research arm of that school (Photo by STEPHANE DE SAKUTIN / AFP) (Photo by STEPHANE DE SAKUTIN/AFP via Getty Images)

Olivier Duhamel, pictured in 2016, is a Socialist former member of the European Parliament and a renowned political pundit.

Editor’s note: The article contains descriptions of alleged abuse that some may find disturbing.

Paris (CNN)It all started with damning allegations from book excerpts published in France’s prestigious Le Monde newspaper as the new year began.”I was 14 and I let it go (…). I was 14, I knew and didn’t say anything.””My stepfather would come into my brother’s room. I could hear his footsteps in the hallway and knew he was joining him. In this silence, I imagined things. That he was asking my brother to stroke him maybe, to suck him.”I was waiting. I was waiting for him to come out of the room, full of unfamiliar and immediately despised smells,” the book’s author, 45-year old lawyer Camille Kouchner, wrote. “By not naming what was happening, I participated in the incest.”More than a month after its publication, Kouchner’s book, “La familia grande,” continues to rock France.In it, Kouchner accuses her step-father, leading French intellectual Olivier Duhamel, of abusing her twin brother starting when he was 14.The twins are the children of former French Foreign Minister Bernard Kouchner.Their step-father, Duhamel, is a Socialist former member of the European Parliament and a renowned political pundit who also headed the governing board of Sciences Po, one of France’s leading universities.”Being subjected to personal attacks, and in an attempt to preserve the institutions in which I work, I terminate my functions,” Duhamel wrote on Twitter on January 4, shortly after the accusations surfaced. The tweet coincided with his quitting the governing board of Sciences Po as well as leaving roles in an intellectual club and a political science publication.Duhamel has since deleted the tweet and his Twitter account.The book "La familia grande," written by Camille Kouchner, has prompted a national reckoning with child abuse.The book “La familia grande,” written by Camille Kouchner, has prompted a national reckoning with child abuse.On January 5, the Paris Prosecutor’s office announced it was opening an investigation into Duhamel for “rape and sexual assault by a person having authority over a 15-year-old minor,” despite the statute of limitations having run out.CNN has reached out to Duhamel’s attorney for comments but has not received a reply. The political scientist has not publicly spoken since his resignation.Duhamel’s stepson — Camille’s Kouchner’s twin brother — also filed a complaint against Duhamel last month, according to a statement by his lawyer Jacqueline Laffont obtained by CNN and initially sent to AFP news agency.”In the context of the ‘Duhamel case’, the alleged victim informed the AFP, through his lawyer, Jacqueline Laffont, that he had filed a complaint against his ex-stepfather, Mr. Olivier Duhamel following the opening of a preliminary investigation by the Paris prosecutor’s office,” the statement read.

Top university shaken

The repercussions of the Duhamel case are being felt far beyond his family circle.Sciences Po director Frederic Mion resigned on Tuesday in a letter to professors and students that was published on the university’s website.The university is one of France’s most elite schools, having produced five French prime ministers and five French presidents including current leader Emmanuel Macron.For the past month, Mion was under pressure to resign from student groups after acknowledging he was made aware of the allegations against Duhamel as early as 2018.In his resignation letter, Mion referred to an Education Ministry report on his handling of the case, conceding that he committed “an error of judgment in dealing with the allegations that were communicated to me in 2018 as well as inconsistencies in the way I have expressed myself on this case after it broke.”

In a statement released on January 7, Mion reacted to an article published in Le Monde newspaper the day before claiming that he knew of the allegations despite initially denying them.”With neither tangible evidence nor any further or precise knowledge of the situation, I had difficulty believing that the rumors could be founded,” Mion wrote in the statement. He said that discovering through press reports the extent of Duhamel’s alleged actions was “a shock to me personally.”But on Wednesday, in an email to CNN, former Culture Minister Aurélie Filippetti — once a colleague of Mion at Sciences Po — said that Mion had called her when the revelations around Duhamel surfaced a month ago and allegedly told her: “We shouldn’t let anyone think that we knew.”CNN has reached out to Mion but has not received a reply.Mion is only one of many members of the French elite to be hit by the Duhamel scandal.Jean Veil, a prominent attorney and old friend of Duhamel, admitted to Le Monde newspaper that he was aware of the incest for “at least 10 years,” invoking “professional secrecy” to explain his silence.Camille Kouchner denounced what she views as the silence of the French intelligentsia in her book.”Very quickly, the microcosm of people in power, Saint-Germain-des-Prés [a fancy neighborhood on the Left Bank that has long been associated with the French intellectual elite] was informed. Many people knew, and most pretended nothing had happened,” she wrote.

Victims come forward

Beyond the country’s elite where it originated, the Duhamel scandal has prompted a national reckoning on incest in France, with hundreds of purported victims coming forward on social media under the hashtag #MetooInceste. French people took to Twitter to share harrowing stories of childhood abuse at the hands of parents and family members and how that trauma — and the accompanying sense of shame and isolation — often persisted well into their adult lives.Feminist thinker and activist Caroline De Haas, who was one of the initiators of #MeTooIncest, told CNN: “We wanted to show incest was a political, collective issue.”She explained the #MeTooIncest movement came from a will to shift from the individual story of the Kouchner twins towards a collective history of incest.Students demonstrate in front of the Sciences Po university to denounce gender-based violence. Signs read "We believe you" and "Silence = accomplice."Students demonstrate in front of the Sciences Po university to denounce gender-based violence. Signs read “We believe you” and “Silence = accomplice.”French lawyers have also seen a rise in the number of victims stepping forward to share their stories. Child protection lawyer Marie Grimaud told France Inter radio on Tuesday that “for three weeks we have received many calls from women who have realized the need to speak, to meet a lawyer, to file a complaint.” In addition to victims themselves, Grimaud said her office had been contacted by people “on behalf of a brother or little sister or a niece” who they believe “may be in danger.”Facing Incest, an NGO supporting abuse victims, said 10% of French people had suffered incest, according to a representative survey of 1,033 French adults aged 18 and above, interviewed online November 4-5, 2020, by the IPSOS polling agency. “It is a mass crime we are talking about,” says the non-profit.Facing Incest has long advocated for changing the legislation to better protect minors from sexual abuse within the family. With the Duhamel scandal grabbing French media headlines for over a month, the government has taken hold of the issue.Justice Minister Eric Dupond-Moretti told France 2 public broadcaster on Tuesday that the government planned to categorize any penetrative sexual relationship with a child under 15 as rape.Currently, for a sexual relationship with a minor under 15 to be treated as a serious crime — rather than a lesser offense with a lighter penalty — it is necessary to prove coercion, violence, threat or surprise.

The issue of consent of the victim won’t be raised anymore. We won’t question whether or not the victim was consenting,” if they were under 15, junior Minister for Children and Family Adrien Taquet told Europe 1 on Tuesday.In France, incest is legally defined as sexual intercourse between two people who are related to a degree where marriage is prohibited. Besides direct family ties, the prohibition also includes relatives by marriage — so divorcees cannot marry a child or parent of their ex-spouse for instance. The civil code doesn’t prohibit marriage between cousins.Beyond that, incest is not illegal as long as the relationship is freely consensual between people above 15, the age of sexual consent in the country. While rape is prohibited no matter who the perpetrator is, sexual offenses committed by a family member or “any person having authority over the victim” face a heavier penalty.Facing Incest said on its Twitter account that the government’s proposals on the age of consent were “elusive” and expressed the hope that MPs would bring more clarity as they work on the bill.De Haas told CNN that the current debates around the bill “bothered” her due to their focus on repressive legislation. “What’s needed is a public policy of training and prevention,” she said.Reflecting on the broader impact of the Duhamel scandal on French society, De Haas said the case had brought incest to the forefront of public debate and made it a high-profile political issue.”That is thanks to the legacy of #MeToo” she said, noting that the movement brought a realization that sexual violences were not isolated acts but a social and political phenomenon.

Barbara Wojazer and Antonella Francini in Paris and Niamh Kennedy in Dublin contributed to this story. (CNN)

Defence Of Armed Fulani Herdsmen: Bauchi Governor Has Ushered Us Into Next Level Of Anarchy — Gov Akeredolu

*Says Not Fit For Public Office

Chairman of the South West Governors Forum, Rotimi Akeredolu has lambasted the Bauch state governor, Bala Mohammed, for justifying Fulani herdsmen carrying guns.

Akeredolu described his counterpart governor as an anarchist, not fit for public office.

Bala Mohammed had in an interview during the week said that herdsmen carry guns to protect themselves against cattle rustlers who attack, kill and take away their possessions.

Speaking with newsmen on Saturday, the Ondo state governor through his information and Orientation commissioner Donald Ojogo said “We read with dismay, the outburst in the purported statement by the Bauch State Governor. We are persuaded to believe he didn’t make that statement.

“If indeed he made that statement and owns up to its contents, it then means that the Bauchi state government has declared on behalf of the Federal Government, an Executive Order which now allows all Nigerians, herdsmen inclusive, to carry prohibited firearms like Assault Rifles for self defence.

“That is exactly what the Governor has done and displayed by his conduct which brazenly depicts that whether other Nigerians like it or not, herdsmen must carry Ak 47 for self defence while other non-Fulani herdsmen must remain unarmed to be perpetual victims of arms wielding bandits.

“By that statement, the governor has in one breath, agreed that indeed Fulani herdsmen carry AK 47 and at the same time encouraging all to do likewise.

“The Bauchi governor has by his conduct and attitude, ushered us into the next level on the path to anarchy.

“He’s not fit for public office persons of such ‘impunious’ disposition and character is not fit for public office.

“As long as Nigeria’s Consideration remains unchanged, it is still unlawful for any unathourised persons to carry prohibited arms.

“The statement is most despicable, highly recommended for the dust bin of careless talks.

Recall that the Benue state governor, Samuel Orton has equally described as shocking and disappointing the statement of Mohammed.

Ortom noted that “it was shocking that a fellow governor who took the oath to protect and preserve the constitution of the Federal Republic of Nigeria took the lead in violating provisions of the same constitution by calling for lawlessness.

According to him “the most shocking part of governor Bala Mohammed’s statement was where he defended herdsmen for bearing arms saying they have no option than to carry AK47 because the society and the government are not protecting them.

Ortom added that “l wonder which section of the law the Bauchi state governor cited to support herdsmen’s free movement around the country with sophisticated weapons. (Thenigerialawyer)

Lateef Jakande and the beauty of a good name

Death, which legendary playwright, Williams Shakespeare describes as a necessary evil, finally caught up with the first civilian Governor of Lagos State, Alhaji Lateef Kayode Jakande (LKJ) on Thursday, February 11, 2021.

His death has been described as a great loss to Lagos State and indeed the country as a whole. It is, however, gladdening that the pace-setting former governor passed on at the ripe age of 91, having selflessly served God and humanity in various capacities and fields.

A consummate journalist, publisher, politician, and public administrator, the late Alhaji Lateef Jakande touched and transformed many lives, especially in Lagos State, through his visionary leadership, selfless outlook to life, and spartan lifestyle.

An associate of the late sage, Chief Obafemi Awolowo, Alhaji Jakande epitomised honesty, fairness, and justice. A fearless journalist, he was the first President of the Newspaper Proprietors Association of Nigeria, NPAN, and a former Editor-in-Chief of the ageless Nigerian Tribune newspaper.

One of the golden eras in the socio-political evolution of Lagos State was, without a doubt, between October 1, 1979, and December 31, 1983, when Jakande held sway as governor. From the outset, he had clearly promised to give Lagos a purposeful leadership. Upon inauguration, LKJ pledged to model his government after that of the defunct Western Region of Nigeria, from 1952 to 1959, headed by Chief Obafemi Awolowo.

He said: “That Government was the most efficient, the most dynamic, and the most responsive of all the Governments of the federation. That Government was the country’s pacesetter- the first to do all good things that others later copied. There has never been a government like it in Africa before or since.”

True to his words, LKJ assiduously went to work to realize his vision. There is hardly any sector that the magical hands of this visionary leader did not transform. LKJ simply took governance to an unimaginable height in Lagos State. Till date, many of his populist policies and programmes, especially in the housing, public transportation, and education sectors, still endear him to all and sundry.

His passion for the development of Lagos State knew no bounds. The ambitious Lagos metro line project, which, if it had seen the light of the day, would have revolutionized public transportation in the state, was conceived by his administration. Till date, some of the Housing Estates he established across various locations such as Iba, Isolo, Iponri, Ejigbo, Amuwo-Odofin, etc are still serving the housing needs of Lagosians.

It was under his administration that moves into the State’s current Secretariat at Alausa, Ikeja, began. LKJ reportedly attached so much urgency to the construction of the present government secretariat that he was so bent on the relocation plan that he virtually caught everyone unawares when it finally happened. According to him, if it was not done when it took place, there would be no appropriate time to do so. So, the State holds the present Secretariat’s vision to him.

Being a consummate journalist, and following the trend of his political mentor, Chief Awolowo, who established the first television station in Africa, the defunct Western Nigeria Television Station (now Nigeria Television Authority), LKJ also established Lagos Television, LTV, which happens to be the first State-owned Television in the country. Aside from this, he also established the Lagos State University in 1983 for the advancement of learning and establishment of academic excellence in Lagos State. His administration also constructed waterworks at Shasha, Agege, Somolu, Apapa, Badagry, Aguda, etc to improve water supply and avoid outbreaks of water-borne epidemics.

A workaholic and tireless leader, LKJ worked round the clock in his bid to fast track the development of Lagos State. Reports had it that on December 31st, 1983, when the Shehu Shagari civilian administration was toppled, in a military coup d’état, soldiers who came to arrest LKJ met him at his office working deep in the night, on a New Year eve. Such was his legendary dedication to duty and passion for hard work!

It is, therefore, not surprising that LKJ became a star among the 19 governors of the Second Republic (1st October 1, 1979- 31st December 1983). He soon became popular and given several appellations in the media such as ‘Baba Kekere’ (junior Awolowo), ‘Friend of the Masses’, ‘Action Governor’ etc. Out of the lots, the one that really became most prominent is ‘Action Governor’. Sure, during the Second Republic, LKJ was an ‘Action Governor’. The kind that we refer to in local parlance as ‘talk and do’.

It was LKJ that begun the transformation of the State’s transport sector. On November 29, 1979, 59 new buses belonging to the Lagos State Transport Corporation were inaugurated with a view to enhancing public transportation in the State. On January 28, 1980, the parking meters began to function in some busy streets in central Lagos. It was the first of such to be introduced in Nigeria.

In the area of opening up public education to accommodate more pupils and students, the Jakande administration did a whole lot. After only one year in office, additional schools were constructed by the administration. For instance, the number of public primary schools in the Ikeja Local Government alone increased from 54 to 86. This implies that 32 new primary schools were built. The number of public secondary schools in the area also increased from 13 to 42, which means 29 new secondary schools were built. All within just a year!

Throughout his public service career, LKJ was on the side of justice and fair play. As a governor, he lived in his private house (where he lived till his death) and drove in his personal car, a ‘Toyota Crown’. In a society where leaders go to unbelievable lengths to acquire ill-gotten wealth, LKJ opted to be different. It is hoped that leaders across all sectors would take a cue from the life and time of this visionary patriot and learn selfless leader.

They also need to pay heed to the words of Ron Kaufman that “Selfless acts are a source of profound meaning for yourself and your life”.

For the departed legend, death has not, by any means diminished his stature. Though he is passed on to glory, he has left behind a good name. Like every selfless leader of his stock, his good name will continue to remind us of the beautiful life he had lived. His name has become his legacy. It will continue to reverberate in our consciousness the good deeds of a man who lived to serve and serve to live.

Thus, for Jakande, the truth is that death is not the winner because he lives on through his enduring legacies.

Adieu, Alhaji Lateef Kayode Jakande!

Ogunbiyi is Deputy Director, Public Affairs, Ministry of Information & Strategy, Alausa, Ikeja

Profile in Leadership

Great is Him that serves his people

Lagos 1979- 1983

Alhaji Lateef Kayode Jakande was born in the Epetedo area of Lagos State 29 July 1929 Both parents are from Omun Aran Kwara.

He was the govenor of Lagos State for 4years and 3 months before the Military Government led by Buhari truncated the civilian administration.

In just 4 year and 3 months.

  • His government built the current Lagos State Secretariat which houses all the state ministries as well as the popular round house hitherto occupied by all subsequent governors of the state.
  • His government built the Lagos State House of Assembly complex.
  • His government built the Lagos State Television
  • His government built the Radio Lagos
  • His government built Lagos State University
  • His government established General Hospital in zones all over the state with assurance of free health care.
  • His government established Teacher Training College and the College of Education.
  • His government built low cost houses in Ijaiye, Dolphin, Oke-Afa, Ije, Abesan, Iponri, Ipaja, Abule Nla, Epe, Amuwo-Odofin, Anikantamo, Surulere, Iba, Ikorodu, Badagry, Isheri/Olowu, Orisigun etc.
  • His government established the Water Management Board and Waste Disposal Board on the 18th of August, 1980.
  • His government constructed the Adiyan Water Works to increase water supply in the state to 18.16 million litres per day.
  • His government modernized and expanded the Iju Water Works which was first commissioned in 1915. This increased daily capacity from 159 million to 204 million litres per day.
  • His government purchased and commissioned the giant car crusher equipment. The equipment was designed specifically to crush derelict vehicles in Lagos State. It had the capacity to crush 45 vehicles per day.
  • His government constructed, rehabilitated and resurfaced Epe/Ijebu-Ode Road, Oba Akran Avenue, Toyin Street, Town Planning Way, Alimosho-Idimu-Egbe Road, Idimu-Iba-LASU Road, the new secretariat road and several others.
  • His government constructed Victoria Island/Epe Road and thereby creating an ‘oil rig’ for Lagos State.
  • His government established Asphalt Plant for the Department of Public Works.
  • His government established Electricity Board for Rural Electrification with provision of street lights.
  • His government modernized, expanded and commissioned Onikan Stadium in 1982.
  • His government established a singular school system and ensured genuine free education in Lagos State and the beneficiaries of this policy are in different positions of eminence in the country and around the world.
  • His government raised the primary schools in Lagos State to 812 with 533,001 pupils (against 605 primary schools with 434,545 pupils he met in 1979) and secondary schools to 223 with 167,629 students (against 105 schools with 107,835 students in 1979).
  • His government constructed 11, 729 classrooms with the maximum of 40 children per class between March and August 1980, by 1983, he had constructed over 22,000 classrooms.
  • In July 1983, two commercial passenger boats christened “Baba Kekere and Itafaji” to run the Mile 2 – Marina (CMS) route via the lagoons were inaugurated by his government to mark the official launch of the Lagos State ferry services.
  • His government took over the ownership and financing of Lagos State Printing Corporation in July 1980
  • His government established the first State Traffic Management Authority (Road Marshals).
  • His government established small scale Industries Credit Scheme which preceded the EKO bank.
  • His government established LASACO Insurance.
  • His government expanded existing market and built new ones.
  • His government established Traditional Medicine Board.

Court Orders Paternity Test For Ronke Odusanya’s Daughter

A Magistrates Court in Lagos State has ordered that a DNA paternity test be conducted on the daughter of a Yoruba movie star, Ronke Odusanya.

M. O. Tanimola, the magistrate, gave the order on Wednesday when the case was brought before her at Court 8, Samuel Ilori Court House, Ogba, Ikeja magisterial district, Lagos.

The estranged lovers welcomed their daughter in 2019.

The curvy actress and the father of her child, Olanrewaju Saheed, popularly known as Jago, are currently in court for several reasons including the welfare of their daughter, Oluwafifehanmi.

When the matter came up in court on Wednesday, Saheed, through his lawyer, requested the court to order a DNA test to ascertain the paternity of the child, on the grounds of suspicion of infidelity.

The actress and her lawyer agreed to the request on the condition that the DNA fees and other bills be footed by Saheed.

The actress’ lawyer also pleaded with the court to ensure it is a court-supervised DNA test.

Ms Tanimola, ruling, decided on an undisclosed hospital on Lagos Island for the test to be done, and for the results to be sent directly to the court.

She adjourned the case till March 31, for further hearing. (Thenigerialawyer)

‘Probe Senate Public Hearing on Medical Council Bill’

The Joint Health Sector Unions (JOHESU), the umbrella body of health workers in the country, has demanded that Senate probe the recent public hearing of the Medical and Dental Council of Nigeria (MDCN) Bill as it accused Chairman of the Senate Committee on Health, Dr. Ibrahim Oloriegbe, of disenfranchising its members.

JOHESU Chairman, Comrade Joy Bio Josiah flayed what he called “vindictive and discriminatory” attitude of Dr. Oloriegbe against other medical professional bodies as he gave his constituency, MDC and NMA more time to canvass their views on the contentious bill.

“We challenge Oloriegbe and the NMA to produce video and audio evidence contrary to this. The point here is Oloriegbe does not understand the philosophy and basics of running Public Hearings because he pointedly dominates discussions and debates while outrightly disenfranchising the stakeholders.

“We must make the point that a third hearing (Public Hearing) at the National Assembly (NASS) even recognised personal contributions and not only group representation. Attempts to draw Oloriegbe’s attention to these facts were always met with threats of eviction by the Sergeant-at-Arms.

“JOHESU therefore insists that the Senate must probe the February 1, 2021 Hearing and reorganise the Senate Committee on Health to prevent vindictiveness associated with the tendencies of the NMA hierarchy is epitomized by Dr. Oloriegbe.”

Continuing he said: “Dr. Oloriegbe stretched his misnomer at the Public Hearings he has presided, vis the NHIS Amendment Bill and the February 1, 2021 Hearing by recognising his Medical Constituents above and over other stakeholders

“ Oloriegbe gave MDCN, NMA and a representative of Pathologists the floor three times spanning over 15 minutes while professions like Pharmacy, Medical Laboratory Science, Nursing, Radiography and JOHESU representative got two minutes each to canvass their positions.

“For the record, we assert boldly and responsibly that Dr. Oloriegbe, has been more tyrannical than any other Medical Doctor Chairman of the Senate Committee on Health.

“In the last 22 years of our democracy, the following including late Senator Martins Yellowe, Dr. Ifeanyi Okowa, now Governor of Delta State, and Dr. Lanre Tejuosho have been Chairmen of the Senate Committee on Health. JOHESU/AHPA or any of the other Health professional bodies never accused these Medics of bias at hearings,” he alleged.

Mr. Josiah, who described as a figment of the imagination of the Nigeria Medical Council (NMA) leadership, the accusation that JOHESU was blackmailing Dr. Ibrahim Oloriegbe, said it is “Typical of the contemporary leadership of the NMA that we have encountered in recent years. Those who authored the unfortunate NMA position dwelt extensively on propaganda, threats, blackmail and other acts of skullduggery”.

Insisting that JOHESU was a legitimate conglomerate of five registered trade unions in the health sector, he said If the NMA spokespersons were discerning wisely, they would have known that even the courts from the NICN, High Courts, Appeal Courts and the Supreme Court which have powers to interpret the laws have always recognised JOHESU as a juristic template.

“This is why it can sue and be sued. It is this stupendous ignorance that the NMA continues to exhibit which does not allow it to know that as a mere professional body, it should not be allowed to exercise the privilege of negotiating on behalf of its membership. The tragedy of this aberration is catalysed by their members who hold sway today at both the Federal Ministry of Health (FMOH) and Federal Ministry of Labour and Productivity (FML&P).”

Mr. Josiah said that the claim by NMA that Medicine gave birth to other Health professions was very ridiculous. He asserted that all the health professions evolved from traditional and herbal medicine.

“Even if by default we accept the NMA’s claim, it is a matter of fact that the birth process by nature is sequential. One entity therefore must evolve before the other without taking away its rights and privileges like the NMA is noted for in Nigeria. The grab-grab syndrome and know-it-all attitude of Nigerian Doctors is what has wrecked our health system which has become the hallmark of negative health indices whereby we are placed as low as 187 out of 191 health systems globally.

He further said: “We therefore have a responsibility as loyal and dynamic citizens to reverse through constructive action especially by embracing global best practices in the Health options in ultimate public interest. JOHESU will continue to uphold this without caring about whose ox is gored.

He accused the NMA leadership in the last few years of reducing very serious matters to through diversionary tactics to the realm of ‘childish frivolity’ when it brands autonomous professions as allied to Medicine. “This amounts to grandeur of delusion and outright tomfoolery.”

“In one template NMA says the MDCN Bill is to regulate and control only Medical practitioners and Dentists. In desperation, the true intention is to violate the domain of Medical Laboratory Sciences and Radiography. This clearly manifests in Section 4(a) of the MDCN bill which states to wit “the MDCN shall make regulations for the operation and management of Clinical Diagnostic Centres”…

“In healthcare practice, who are the health professionals who work and manage Clinical Diagnostic Centres which are domiciled in Clinical/Medical Laboratories or X-ray Centres as well as related facilities? You do not have to be rich in common-sense to appreciate that this is a direct violation of the professional privileges of Medical Laboratory Scientists and Radiographers who hold sway in these diagnostic facilities.

He argued that “The NICN and several High Courts have validated the rights and powers of Medical Laboratory Scientists to take charge of the Medical Laboratory facilities through the instrumentality of the MLSCN Act, but even the FMOH aids its Medical Doctors to violate valid court orders and judgment in this regard. “Presently, the litigations have shifted to the Appellate Court at the instance of Medical Groups who are not satisfied with the plethora of court judgments against them.

“We observed with dismay at the February 1, 2021 Public Hearing that while Oloriegbe was reeling out his “decree” on the rules at that hearing, he insisted references must not be made to court processes or judgments.”

This is contrary to Order 41 of the Rules of Proceeding of the Senate which empowers the Senate to step down any matter that is pending in a law court when considering any Bill.

In the light of the foregoing, JOHESU is insisting that Section 4(9) must be expunged from the MDCN bill in its entirety in conformity with Order 41 of the Senate rules.

Mr. Josiah accused “Medical Doctors in Nigeria of lacking humility, even when they err.” After it was challenged that Doctors cannot carry the title of Apothecary because it is Pharmacists and Pharmacies that are globally Apothecaries, the NMA now says “while we may agree that the title “Apothecary” is not a title used by Doctors….. A sense of integrity should have compelled a more honourable group to accept it erred in simple terms.

He said: ‘’Healthcare remains a global and internationally driven practice. One of the golden rules and norms in the prescribing and dispensing of drugs is that both the prescriber and the dispenser of medicines are forbidden to have pecuniary interest or gain so that the patient enjoys the best clinical decision that must be made by the prescriber.

“It is interesting that in the MDCN draft bill, no consideration or thought was put in print for a next line of action in the absence of the Medical Doctor or Dentist.

Specifically, there was no clause to allow Nurses or any other practitioner to step in the shoes of the Doctor/Dentist which would have been within the jurisdiction of the MDCN. Rather strangely, the MDCN bill seeks to give Doctors/Dentists a loophole in the private sector especially to continue the many years of reckless use of drugs through untrained hands.

“This draft cannot legitimize the unlawful act of sales and dispensing of drugs by Doctors under whatever guise.

Continuing, he opined that “The scenario is what has entrenched and formalized quackery in the health system in Nigeria because private hospitals promote quackery through a periodic discharge of untrained elements. Such undesirable characters evolve as Auxiliary Nurses, Dispensing Assistants/Clerk etc.

According to him, “Section 45(3)(e) in its totality will encourage the continued exploitation of the Nigerian people because WHO studies confirm pecuniary indulgences of private hospital facilities in the sales and dispensing of drugs. The study declares that prices of drugs in private hospitals is 184% above baseline prices in public hospital pharmacies and 192% above what is obtainable in private pharmacies. It is this huge profit that has always incentivized private hospital facilities to unlawfully stock drugs when they also fail to engage Pharmacists.

“The way out remains that Doctors and private hospitals that cannot afford to engage Pharmacists should send their prescriptions to Community Pharmacies that are registered by PCN.

Mr. Josiah described as pedestrian and juvenile pedigree, NMA’s accusation that JOHESU is envious and jealousy, saying, “What is there to envy about a Nigerian Doctor? It is probably only at the public sector level where Doctors have been over-indulged by the bureaucracy that they appear to earn a semblance of a living wage. Asking for equity in this regard is a legitimate and constitutional right particularly because the constitution prohibits discrimination to citizens of Nigeria.

“Again, we admonish NMA to get beyond these self inflicted paranoia as it will continue to inflict severe psychological atrophy on the evolution of medical practice in our land.

The attempts to portray other health workers as dullards who want to get what they failed to get in school is laughable.

“We challenge NMA again using some of the best Universities in Nigeria. The JAMB results at Obafemi Awolowo University (OAU), Ile-Ife was such that for the first time in recent years, Pharmacy and Medicine had the same cut-off mark. Pharmacy traditionally is higher than Medicine in that particular citadel of learning. Surprisingly, at least to many, Nursing had a higher cut-off mark than Medicine at OAU, Ile-Ife in the current academic year. At University of Lagos (UNILAG), the cut-off mark for Pharmacy and Dentistry was the same, while at University of Ibadan (UI), Pharmacy was higher than Dentistry and Veterinary Medicine.

“Where is the superiority complex therefore coming from? It is just a manifestation of delusional tendencies of people who have refused to face new realities,” he said. (Thenigerialawyer)

FG Still Subsidising Petrol: Ex-PENGASSAN President

A former Trade Union Congress president, Peter Esele, said the recent announcement of increment in fuel pump price by Petroleum Retail Outlets Owners Association of Nigeria (PETROAN) showed that the federal government is still subsidising petrol.

On February 8, the President of PETROAN, Billy Gillis-Harry announced an increase in the retail price of fuel from N160 to N178 per litre.

Mr. Esele, a former president of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN), said that going by current dynamics in the oil sector, it had become clear that the downstream was not yet fully deregulated.

“I don’t think we are fully deregulated because I think the government is still paying subsidies.

“There is still subsidy payment being made somewhere and if you say it’s fully deregulated, if the landing cost is at N180 and you are selling at N160 or N168, who then is paying the difference?”

Mr. Esele, who spoke to NAN in Benin on Saturday, advised the government to embark on awareness campaigns to educate citizens, especially the ordinary man on the impact of the rising cost of crude oil prices.

“It’s something that we expect the ministry of information to talk about, bringing out the economic aspects of it and letting people know that this is where we are and this is where we are going.

“On the other side, the government also has to reach out to the people to let them know what it is doing to cushion the effects of fuel price increases.

“So if the prices are going up and the people have to go through some pains, the government also has to find a way to mitigate whatever pains the people are going through.

“That is the politics of deregulation.” (NAN)

Tension: Gov. Makinde Orders Closure Of Ibadan Market Due To Hausa/Yoruba Clash

*Declares dusk to dawn curfew

The Oyo State Government has ordered the immediate closure of the Shasha market in the Akinyele Local Government Area of Ibadan following the ethnic killing and crisis in the area on Friday.

The closure of the market is indefinite.

A statement signed by Mr Taiwo Adisa, the Chief Press Secretary to Governor Seyi Makinde, indicated that the governor gave the order to forestall breakdown of law and order in the area.

The curfew, which he said covered Shasha and the market area, runs from 6 pm to 7 am.

The statement warned residents of the area to go about their legitimate businesses peacefully, stating that anyone caught perpetrating violence would face the wrath of the law.

It partly reads, “His Excellency, Governor Seyi Makinde has directed the immediate closure of Shasha market indefinitely following reports of a breach of peace in the area.

“The governor has also approved the imposition of a curfew on Shasha. It will run from 6 pm to 7 am.

“Residents of the affected area are urged to go about their legitimate businesses within the hours stipulated by the law.

“Anyone caught disrupting the peace of the community will be made to face the wrath of the law.”

At least one person had been reported killed, as Hausa and Yoruba people clashed at Shasha on Friday.

It was gathered that the crisis broke out when a Hausa man reportedly beat up a pregnant woman who accused her of littering the frontal part of her shop, while the deceased man, a cobbler popularly called Adex intervened but met his untimely death as the Hausa man allegedly hit him with a magic charm.

According to eyewitnesses, Adex slumped immediately and started foaming in the mouth before he was rushed to a nearby hospital where he gave up this morning.

Meanwhile, a combined team of Amotekun and Operation Burst have been drafted to the area but normalcy is yet to return as arson and destruction of property continued as of the time of filing this report. (Thenigerialawyer)

Territorial Jurisdiction Of FHC Cannot Be Raised For Non-Physical Cybercrime Offences — Court Of Appeal Rules

— Say Muhammad Belogore v. FRN Not Applicable In Appeal
— Says Jurisdiction of Trial Court Can Be Raised Via Interlocutory Appeal, Despite Having Not Been Raised At Trial Court.
— Considers That Money Laundering Offences Are Derivate or Predicate Offences

The Court of Appeal sitting at Calabar, Cross river state, has held that the Federal High Court has the [Territorial] Jurisdiction to hear and determine non-physical offences relating to Cybercrimes and Money Laundering. The court made the decision on Friday, the 12th of February, 2021, whilst ruling on an interlocutory appeal with appeal number, CA/C/385c/2020, between Scales Olatunji Ishola and the Federal Republic of Nigeria.

The appeal was challenging the decision of the Federal High Court, sitting at Uyo, par, Hon. Justice A.A. Okeke for declining bail in a bailable offence, especially in view of a medical report allegedly showing the poor medical state of the Appellant’s health. Dismissing their application at the trial court, the court held that the “Applicant failed to place sufficient facts before this court to warrant the grant of this application. The nature of the charge does not tilt the balance of convenience in favour of the application. This application is refused and the same is struck out”.

On Appeal, Counsel to the Appellant, Gboyega Oyewole, SAN (with S. E. Negbenebor), argued that the Trial Court did not have the valid territorial Jurisdiction to hear criminal offences where the alleged offence was not committed in the state on the face of the record.

The learned silk also placed heavy reliance on the recent Supreme Court case of Muhammad Belogore and FRN, wherein the Appellate Court held that, “where the ingredients of an offence occurs outside the territorial jurisdiction of the court asked to adjudicate over the matter, such a court will not assume jurisdiction over the offence for apparent lack of jurisdiction”. Similarly, the Appellant contended that the Trial court ought to have place reliance on the medical evidence suggesting that the appellant was in need of proper Medical care, and applied its discretion in favour of the Appellant.

On his part, Nwandu K. Ukoha, Counsel for the Respondent, argued that count 6-45 of the charge shows that the charges are non-physical offences as they require no particular location to be committed and accordingly, an exception to the Muhammad Belogore Case.

He contended that, the remaining six [6] counts of Money Laundering, are derivative or predicate offence which requires underlying illicit act or offences. In any case, he opined that the issue of jurisdiction cannot be raise at the appeal court in an interlocutory Appeal, where same hasn’t been done at the trial court, accordingly the matter ought to have been raised at trial level to allow the trial court to determine the Application on way or the other. On the issue of bail, counsel noted that Intelligence report has it that the Appellant will possibly flee the country if bail is granted, especially as some other accused are ‘at large’ at the moment.

Delivering the Court’s opinion, Justice Muhammad Shuaibu, JCA, noted that in determining whether a court has proper territorial jurisdiction, reliance must be placed on the charge sheet, as well as the relevant documents before the court, it noted that:

‘…the best way to resolve the issue of proper venue of trial is to identify the offence(s) charged and elements of same as contained in the proof of evidence so as to determine whether any of the acts constituting the offence occurred in the particular place where the accused is being tried…counts 6 – 45 of the charge in question relates to cybercrimes which are computer-oriented crimes involving computer and network. These types of offences are not constraint to a given location and thus its territorial or geographical limit is undeterminable…[and the] complex nature of money laundering offences particularly as in this case where the methods allegedly employed involved international transactions. In contrast to the case of MUHAMMED DELE BELGORE –V- F.R.N (Supra) where the sum of N450 Million Naira was disbursed to various persons in Ilorin without going through a financial institution, the allegations in counts 1 – 5 of the charge against the appellant and his cohorts reveals that they conspired and transferred proceeds of crimes into their various accounts in Nigeria. Thus, fixing these transactions that are not physical by their nature to a particular location in Nigeria is practically impossible. To that extent, the trial Federal High Court will undoubtedly be a forum convenience for the trial of the appellant.”

The court further held that the relation between ‘…the predicate cybercrimes charge with the derivative money laundering offences, the court with territorial jurisdiction to try the conjoined or related offence shall in the same vein try other offence that are so connected….thus, considering the fact that both the cybercrimes and money laundering happened in Nigeria and that they are so connected with one another; the trial court is also a forum conveniens for the trial of the appellant for the money laundering offences charged.”

On the issue of bail,the court held that the trial judge acted aright and applied his discretion judiciously and accurately. (Thenigerialawyer)

Police Arrest 56-year-old Lawyer For Allegedly R*ping And Impregnating 14-year-old Girl In Oyo

A 56-year-old lawyer identified as Remi Oladiti has been arrested by Operatives of the Oyo State Police Command for allegedly drugging, defiling and impregnating a 14-year old girl in Bodija area of Ibadan.

The State Commissioner of Police, Mrs Ngozi Onadeko, who disclosed this while briefing newsmen on Thursday, said the victim was sent on an errand when Oladiti accosted her and gave her a soft drink laced with sedative.

The girl was said to have become unconscious after taking the soft drink and she woke up to find herself naked on the man’s bed. The police boss said medical examination confirmed that the girl is 29 weeks pregnant.

“Upon complaint received by the victim’s parents, it was gathered that sometime in May 2020, one ( name witheld)! F’ aged 14 yrs of Balogun Street, Bodija, Ibadan was sent on an errand to No. 20 Olaigbe Avenue Bodija. Ibadan to purchase pap,” the Commissioner stated.

“In the process, one Remi Oladiti ‘m’ aged 56 gave her a soft drink suspected to contain some form of sedative hypnotics to drink which made her fall unconscious

“Following her comatose state, Remi Oladiti, who had already made a confessional statement, forcefully had unlawful carnal knowledge of her.

“On regaining consciousness, she found herself fully unclothed on Remi Oladiti’s bed while blood was dripping out from her private part

“The suspect made confessional statement to the fact that he admittedly had carnal knowledge of her but denied giving her anything to drink. Medical examination revealed that the victim was already 29 weeks and one day old pregnant.”

Speaking to journalists, Oladiti claimed that he did not force the alleged victim, adding that she told him she was 18 years old. (Thenigerialawyer)

FHC CJ, Hon. Justice Tosho Cancels Charges On Monetary Claims And Default Fees In Fundamental Rights Application

The Chief Judge of the Federal High Court, Hon Justice John Terhemba Tsoho has directed all Deputy Chief Registrars, as well as All Station Registrar of the Federal High Court to no longer Charge monetary claims and default fees with respect to Fundamental Human Right applications.

The directive of His. Lordship, Justice Tosho is contained in a circular with reference number FHC/ABJ/ACR/01/2021 and dated the 12th day of February, 2021. The said circular which was issued by the Assistant Chief Registrar [Litigation], Jane Egbo Esq., on-behalf of the Court, and obtained by TheNigeriaLawyers, has as its heading, ‘RE: MONETARY CLAIMS AND DEFAULT FEES IN FUNDAMENTAL HUMAN RIGHT APPLICATIONS’.

The circular reads in part:

‘I have been directed by the Hon. Chief Judge of the Federal High Court, Hon. Justice J.T. Tsoho to inform you that henceforth, monetary claims and default fee in respect of Fundamental Human Rights applications should no longer be charged’ (thenigerialawyer)

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