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US Adds Nigeria to Religious Freedom Blacklist

*Says Boko Haram, ISIS, others entities of concern

The United States has designated Nigeria, China, Burma, Eritrea, Iran, the DPRK, Pakistan, Saudi Arabia, Tajikistan, and Turkmenistan as countries of ‘particular interest’ for violating religious freedom.

The US Department of States in a statement by the Secretary of State, Mr. Michael Pompeo, said yesterday that it was also placing the Comoros, Cuba, Nicaragua, and Russia on a special watchlist for governments that have engaged in or tolerated “severe violations of religious freedom.”

US explained that religious freedom is an inalienable right, and the bedrock upon which free societies are built and flourish.

It stated: “Today, the United States – a nation founded by those fleeing religious persecution, as the recent Commission on Unalienable Rights report noted – once again took action to defend those who simply want to exercise this essential freedom.

“The United States is designating Burma, China, Eritrea, Iran, Nigeria, the DPRK, Pakistan, Saudi Arabia, Tajikistan, and Turkmenistan as Countries of Particular Concern under the International Religious Freedom Act of 1998, as amended, for engaging in or tolerating “systematic, ongoing, egregious violations of religious freedom.

“Additionally, we are designating al-Shabaab, al-Qa’ida, Boko Haram, Hayat Tahrir al-Sham, the Houthis, ISIS, ISIS-Greater Sahara, ISIS-West Africa, Jamaat Nasr al-Islam wal Muslimin, and the Taliban as Entities of Particular Concern under the Frank R. Wolf International Religious Freedom Act of 2016.”

The US noted that it has not renewed the prior Entity of Particular Concern designations for al-Qa’ida in the Arabian Peninsula and ISIS-Khorasan, due to the total loss of territory formerly controlled by these terrorist organisations.

It added that while these two groups no longer meet the statutory criteria for designation, it would not rest until it has fully eliminated the threat of religious freedom abuses by any violent extremist and terrorist groups.

The US, however, announced that that Sudan and Uzbekistan have been removed from the special watchlist based on significant, concrete progress undertaken by their respective governments over the past year.
It explained that the courageous reforms of their laws and practices stand as models for other nations to follow.

“And yet our work is far from complete. The United States will continue to work tirelessly to end religiously motivated abuses and persecution around the world, and to help ensure that each person, everywhere,” it said.

Legal Practitioners Advise On GMOs, Biosafety Regulation In Nigeria

To intensify efforts at promoting biosafety in Nigeria, Health of Mother Earth Foundation (HOMEF) organised a roundtable with lawyers and stakeholders in Abuja.

Genetically Modified Organisms (GMOs), Emerging Technologies such as Gene Drives and Synthetic Biology, Agroecology, Biosafety Act/Regulation in Nigeria, were the major issues discussed during presentations and panel discussions.

Biosafety entails protecting the ecosystem and human health from harmful incidents. This is achievable through dependable Biosafety laws and regulations. Where biosafety regulations are strong, biodiversity is sure and food systems are secured.

According to Nnimmo Bassey, HOMEF’s Director, modern agricultural biotechnology which threatens biosafety is promoted for two main reasons:

First is to create genetically modified (GM) crops like GM cotton, canola and sugarbeets that tolerate herbicides/weed killers which are produced by same companies that make the GM crops.

Second is to manufacture crops that kill target pests (e.g. Bt Cotton, maize and cowpea).

These crops produce their own insecticide thus can be called pesticides and are unsafe.

There is also GMO 2.0 which is the next generation genetic engineering also known as synthetic biology or ‘extinction technology’. This technology is being used in different sectors- agriculture, military, health and conservation.

Ifeanyi Nwankwere, who is currently handling (with a team of experts) the court case against the approval for introduction of GM cotton and maize into Nigeria, explained the challenges of biosafety in Nigeria.

According to him, the challenges are found in certain clauses in Nigeria’s Biosafety Act of 2015 which was amended in 2019. He explained that the Act gives room for regulatory capture which occurs when a special interest is prioritised over public interest, leading to a net loss for society.

This is demonstrated by the presence of major promoters of biotechnology such as the National Biotechnology Development Agency (NABDA) on the board of the regulatory agency, National Biosafety Management Agency (NBMA), created by the Act.

Another deficiency in the Act is that it institutes a fault-based type of liability and redress in which a petitioner must prove that a defendant’s conduct was either negligent or intentional.

This is against “a Strict liability which is more consistent with the principle of precautionary measure as it allows imposition of liability on a party without a finding of fault (such as negligence),” Nwankwere stated.

The Precautionary Principle states that where there are threats of serious damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. Thus, cost-effective measures such as halting promotion of GMOs should not be dependent on scientific proof.

The Act is meant to implement provisions of international treaties like the Convention on Biological Diversity and the Cartagena Protocol to the Convention on Biological Diversity on matters relating to GMOs.

These treaties uphold the Precautionary Principle but “Nigerian courts are yet to take the Principle seriously,” Nwankwere lamented.

Lawyers at the roundtable agreed that threats posed by GMOs should be continuously challenged through litigations, with concerned experts in Biosafety and lawyers working side by side.

“The question that should be asked is: What fundamental rights are violated if the process is not equitable?” Williams stressed.

Thenigerialawyer

Boko Haram: Older People Killed Disproportionately In North East — Amnesty International

Amnesty International has said that Boko Haram has killed many aged citizens at disproportionate levels due to their feeble state to flee attacks.

In a 67-page report it released titled ‘My heart is in pain: Older people’s experience of conflict, displacement, and detention in Northeast Nigeria’, the organisation disclosed that older people were killed both in the hands of Boko Haram and the Nigerian military.

The report, which was made available to Daily Trust by the Media Manager, Amnesty International Nigeria, Isa Sanusi, also revealed that humanitarian response got to them only as “an afterthought.”

The report indicated that the organisation reviewed more than 120 images of corpses brought from the barracks to a local mortuary, and spoke to individuals with insider knowledge who estimated that 15-25% of those who have perished are older men.

“This is disproportionately high, as older men appear to account for no more than 4% of the population in North-East Nigeria. In April 2017 alone, 166 corpses were transferred from Giwa to the mortuary,” the report stated.

The report further stated that humanitarian agencies estimate that older people account for around 150,000 of the 2.1 million people displaced by the conflict in Northeast Nigeria.

The research, carried out between November 2019 and October 2020, involved 62 older women and 71 older men affected by the conflict.

Two foreigners caught in NIS, NSCDC recruitment

Vigilant officials of the Federal Ministry of Interior have disqualified two foreigners from participating in the computer-based tests for recruitment into the Nigeria Immigrant Service (NIS) and the Nigeria Security and Civil Defence Corps (NSCDC).

The officials briefed Interior Minister Rauf Aregbesola yesterday at the Ilupeju Centre in Lagos State on the preparations for the tests.

They said the foreigners were from Cameroon and Benin Republic.

It was learnt that the two foreigners were screened out at the Ilupeju Centre, interrogated and handed over to the Assistant Comptroller General of Zone A for further action.

Aregbesola, who continued his stakeholders’ engagements in Osun State, had made a surprise stopover in Lagos to inspect the computer-based aptitude test for recruitment into the Nigerian Immigration Service (NIS) with a view to having an on-the-spot assessment of the exercise.

At the tests, which is holding at the JAMB CBT Centre in Hollaram Educational Centre, Akure, the Ondo State capital, the minister assured the officials that the President Muhammadu Buhari-led administration was fully committed to ensuring transparency in the recruitment of personnel under the Ministry of Interior.

A statement by the ministry’s Director of Press, Mohammed Manga, quoted Aregbesola as saying: “With the introduction of the computer-based aptitude test innovation, the era of stampede and pandemonium during recruitment exercises has been completely wiped out.”

There is now an assurance of confidence, credibility, equity and integrity in the process on the part of the examiners and applicants, the minister said.

Aregbesola, who said answer scripts would be marked and graded by the Joint Admission and Matriculation Board (JAMB), added that there would be no hanky-panky in the test as eagle eyed officers had been deployed across the country to monitor the exercise.

JAMB’s Deputy Director for Ondo State, Mr. Babatunde Benjamin, lauded the innovation introduced by the present administration in the recruitment of the personnel into the Interior Ministry.

The deputy director said COVID-19 guidelines and protocols were being observed during the exercise, which he said had been divided into three segments of 750 candidates comprising 250 candidates per segment.

Also, a candidate for Nigeria Immigration Service CBT examination, Mr. Akimoladun Tolulope, applauded the innovation introduced by the President Muhammadu Buhari-led administration to ensure that merit is given priority in the recruitment of candidates into the agencies.

Beginners Guide To The Provisions Of The Kaduna State Tax (Codification And Consolidation) Law, 2020

By M.N Ibrahim Esq

With the price of crude oil, the commodity Nigeria is most reliant upon as its major source of revenue dipping, the country has become cash stripped and must look for other means to augment its revenue streams. Most states in the country hugely depend on federal allocations and grants before being able to carry out functions even as mundane as paying salaries. The covid-19 pandemic has also underscored the need for the country and indeed all states to find alternative sources to boost the already dwindling resources.

Recently, Kaduna State passed its Tax (Codification and Consolidation) Law, 2020. The law consolidated all taxes, charges, fees and levies receivable and introduced novel approaches by the government aimed at bolstering and optimizing the state’s tax potentials, by drastically expanding its coverage of eligible taxpayers, and increasing the amount of taxes and levies payable in some instances. Prior to this stride, the state has been able to increase internal revenue generation from N11.8 billion in 2015 to a whooping N44.9billion in 2019. This miraculous achievement came at a time when the whole country was slow dancing in and out of the economic recession that ravage the country in 2017. However, this success was not unconnected to the drastic reforms taken by the Kaduna state government, which has centralised and automated tax collections in the State. With the repeal of the Kaduna State Tax (Codification and Consolidation) Law No. 3 of 2016[i], the new law which made upward review of some tax obligations and provided stiffer sanctions against defaulters, is hoped to further re-establish Kaduna State on its track of exceeding expectations in generating sufficient internally generated revenue to drive the commercially bubbling state.

The aim of this article is to briefly highlight some of the provisions/tax regimes of the Kaduna State Tax (Codification and Consolidation) Law, 2020 which intention is to accelerate governments revenue generation drive.

The Law established the Kaduna State Internal Revenue Service whose responsibility it is to consolidate, control and administer the various taxes, non-tax revenues and laws in the state. The law empowers departments, agencies, statutory authorities etc to demand tax clearance from any individual or body corporate before transacting any business with them including inter-alia: application for Governor’s consent to any real property transaction; application for registration as a contractor, consultant, service provider or supplier; application for award of contracts by government, its agencies and registered companies; registration of vehicles and change of ownership thereof.

The law further establishes for each Local Government Council of the State: The Local Government Council Revenue Committee. This committee shall carry out the assessment of all taxes, fines, rates, charges and other revenue under its jurisdiction. It shall be autonomous of the Council Treasury, responsible for the day-to-day administration of the Local Government Revenue.

The Law also establishes a Joint Revenue Committee which comprises of members of both the service and the Local Government Council Revenue Committee, tasked to work together and harmonize tax administration in the State.

TAX REGIMES UNDER THE LAW

PRESUMPTIVE TAX: This is imposed on all persons, whose income cannot be ascertained for purposes of tax assessment, because they do not keep financial records of their business. These are further categorised into micro, small and medium businesses based on the volume of turnover. The guides for assessment are as provided under the fourth, fifth, and sixth schedules of the law. Penalty for non-payment is a liability to pay the sum and a penalty equal to 5% per annum[ii].

LAND USE CHARGE: This a land-based charge which is imposed on all real property situated in the State, by the owner, after an assessment by the Director-General Kaduna Geographic Information Service, or caused to be done by him, with the exceptions of: a property owned and occupied by a religious body. and used exclusively for public worship, or religious education; Cemeteries and burial grounds; a recognized and registered institution, or educational institute certified by the Director-General Kaduna Geographic Information Service to be non-profit making; Property used as public library; any property specifically exempted by the Governor’s Order published in the Gazette, and all palaces, official residences of graded Emirs, Chiefs and District Heads in the State.

However, the Director-General Kaduna Geographic Information Service may by an order grant partial relief to properties occupied by non-profit making organization used for community, charitable/benevolent purposes and properties owned by the State Government, Local Government and Federal Government, and used strictly for public and non-commercial purposes[iii].

EDUCATION, HOTELS, RESTAURANTS AND ENTERTAINMENT TAX: The law imposes tax on any person who:

  • provides private educational services in primary or secondary schools, or
  • pays for the use of, or possession, or pays for the right to the use, or possession of any hotel, hotel facility, or events centre; or
  • purchases consumable goods or services in any restaurant, whether or not located within a hotel in the State.

The monies subject to tax is the total fees payable for private educational services in primary and secondary schools and the total cost of facilities, consumable or personal services supplied to a consumer in, by or on behalf of the hotel, restaurant or events centre. The law further provides that for private educational services, the tax is five percent (5%) of total fees payable per child per annum[iv].

PROMOTIONAL LOTTERIES, GAMING, CASINO, SPORT BETTING AND TOMBOLA TAX: The law provides that anybody who desires or wishes to operate any promotional lottery, gaming, casino, sport betting or tombola facility, franchise or agency shall make an application upon payment of a non-refundable application fee for license of N400,000.00. It further imposes a 10% tax to be known as promotional lottery, gaming, casino, sport betting or tombola tax on every stake money and winning amount which shall be promptly deducted and remitted monthly to the Service by every Licensed person in the State[v].

RADIO AND TELEVISION TAX: The Law imposes a tax on the ownership and usage of devices or equipment capable of receiving radio and television broadcast content within the state. The rates for assessment are provided under the first schedule and may be reviewed by the Service from time to time through public notice, after due consultation with major stakeholders[vi].

ROAD TAXES: These are taxes imposed on private & commercial vehicles, out of series and re-validation of plate numbers, fancy plate numbers, motorcycles, drivers’ licence and road side parking fees[vii] etc.

BUSINESS PREMISES REGISTRATION/RENEWAL: The tax imposed is sub-categorised into self-ownership, partnerships, corporate bodies and several others[viii].

DEVELOPMENT LEVY: This levy is assessable by Local Governments in collaboration with Traditional Rulers and collectible by the Service. Here, every taxable adult resident in the State shall pay annual Development Levy of One thousand Naira only (N1,000.00) or as shall be reviewed by the Governor and published in the Gazette from time to time. Note that, the definition of a “Taxable Person”- includes an individual or body of individuals, firm, partnership, family, corporations, sole trustee or executor or a person who carries out an economic activity in a place, a person exploiting tangible or intangible property for the purpose of obtaining income by way of trade or business or person or agency of government acting in the capacity[ix].

FIRE SERVICE CHARGE: Includes Safety Certificates for Petrol Stations and an annual premises inspection fees of (bakeries, filling station sites, assembly plant)[x].

ACCREDITATION, REGISTRATION/LICENSING AND ANNUAL RENEWAL FEES FOR PRIVATE SCHOOLS: The fees are applicable to all Private Schools within Kaduna State which are to pay a one-off charge of about N250,000:00 and a yearly renewal fee.

OTHERS INCLUDE: Naming of Street Registration Fees; Service charges for Markets where State or Private Sector Finance is Involved; Environmental (Ecological) Fee/Levy; Environmental, Mining and Quarrying Fees; Community Development Associations; Traffic Offences and Penalties; Local Government Taxes; Fee Structure for Outdoor Installations and Adverts; Fee Structure for Masts; Borehole Charges; Personal Income Tax; Withholding Tax; Capital Gains Tax; Stamp Duties on Instruments Executed by Individuals.

To further ensure enforcement, the Law empowers the Chief Judge to designate in each Local Government, a Court which shall give priority to matters relating to the revenue of the State ‘Revenue Court’. And the Revenue Court shall have jurisdiction to adjudicate on all claims and try all charges emanating from this Law[xi].

Furthermore, The Law established a body of Appeal Commissioners called the Tax Appeal Committee and a taxable person who is aggrieved by an assessment made on him can appeal to the Committee within 30 days after the date of service of the assessment or notice of the refusal of the Service to amend the assessment as desired[xii].

Finally, apart from the specific penalties provided for flouting select provisions of the Law, the Law also provides that a person who contravenes any of the provision commits an offence and, where no specific penalty is provided shall be liable on conviction to a fine not less than N50,000.00 (fifty thousand Naira) or more than N10,000,000.00 (ten million Naira) or imprisonment for a term not less than 6 months or exceeding 3 years or to both.

With this development, the state government through the Chairman of the Kaduna Revenue Service has stated that it has developed strategies to generate N60 billion Internally Generated Revenue, IGR target for 2021[xiii].

If this is to be true, businesses and residents should expect to feel more heat as the service intensifies its efforts. It is the humble opinion of this writer that there is need for increased manpower and training of tax officials, massive taxpayer/stakeholders’ engagement in order to enlighten and educate them properly, and receive feedback.

M.N IBRAHIM ESQ, [email protected],0813-737-4044

[i] Section 145, Kaduna State Tax (Codification and Consolidation) Law, 2020.

[ii] Sections 54-63 Kaduna State Tax (Codification and Consolidation) Law, 2020.

[iii] Sections 64-74 Kaduna State Tax (Codification and Consolidation) Law, 2020.

[iv] Sections 75-85 Kaduna State Tax (Codification and Consolidation) Law, 2020.

[v] Sections 86-97 Kaduna State Tax (Codification and Consolidation) Law, 2020.

[vi] Sections 98-102 Kaduna State Tax (Codification and Consolidation) Law, 2020.

[vii] FIRST SCHEDULE PART I ITEM 8 Kaduna State Tax (Codification and Consolidation) Law, 2020

[viii] FIRST SCHEDULE PART I ITEM 9 Kaduna State Tax (Codification and Consolidation) Law, 2020

[ix] Section 3, Kaduna State Tax (Codification and Consolidation) Law, 2020.

[x] FIRST SCHEDULE PART I ITEM 9(8) Kaduna State Tax (Codification and Consolidation) Law, 2020

[xi] Section 49 Kaduna State Tax (Codification and Consolidation) Law, 2020

[xii] Section 52 Kaduna State Tax (Codification and Consolidation) Law, 2020

[xiii] https://dailynigerian.com/kaduna-develops-strategies/

Lagos State Has No VAPP/SGBV Law!

Daily Law Tips (Tip 711) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:
No doubt, Lagos State is legislatively ahead of other states in Nigeria and in some cases, even ahead of Nigeria. While Lagos State pioneered the enactment of the legislation for the protection of victims of domestic violence in 2007 (through the Prohibition Against Domestic Violence Law) and also made remarkable inventions in its Criminal Code of 2011, presently, Lagos State seems to be behind in the fight against Sexual and Gender-Based Violence (SGBV) and Harmful Practises (HR). Lagos State has failed to tune-up its legal framework for SGBV, even with the emergence of a very innovative legislation (Violence Against Persons [Prohibition] Act, 2105) that criminalized all forms of SGBV and HR, increased punishments and provided more protection for victims in the Federal Capital Territory; Abuja.

While many states across Nigeria are enacting laws that are similar to the Violence Against Persons (Prohibition) Act, some persons have argued that Lagos State does not need such. Surprisingly, certain civil society groups and platforms that are tracking the enactment of Violence Against Persons (Prohibition) Laws in states across Nigeria, have listed Lagos State among states with Violence Against Persons (Prohibition) Laws. This work reveals the fact that Lagos State in Nigeria, unlike many other states, does not have a Violence Against Persons (Prohibition) Law or any dedicated specific law on Sexual and Gender-Based Violence (SGBV) and Harmful Practises (HR).

Laws Are Not Pregnancies:
The physical and biological conjectures that come to play before conception and even during pregnancy are often not public affairs. Even in Africa, where there is still true love for family and co-existence of extended families, the acts leading to pregnancy are shrouded in secrecy, although the product of it, is always a community joy.

In this light, it is clear that in any democracy, processes leading to new laws (legislative processes) are never secret affairs and laws are public issues. Hence, it is impossible for any state government, legislature or its federal equivalents to embark on a legislative construction without a public engagement. Also, there cannot be a law without an official assent/consent and signature of the Governor of the state (that of the President of the Nigeria, if at the federal level). So, there is no way, Lagos State will enact a Violence Against Persons (Prohibition) Law, its equivalent or any dedicated state law on Sexual and Gender-Based Violence (SGBV) and Harmful Practises (HR) without publicity. Laws and processes leading to laws are not pregnancies; they are public affairs.

The Baseline SGBV & HP Legal Framework In Lagos State:
Lagos State does not have Violence Against Persons [Prohibition] Law, its equivalent or any dedicated state law on Sexual and Gender-Based Violence (SGBV) and Harmful Practises (HR). Rather, Lagos State has laws with some provisions on SGBV (there are two major laws that cover some forms of SGBV and provide protection to victims of domestic violence in Lagos State). The laws are; the Lagos State Criminal Code of 2011 and the Lagos State Prohibition Against Domestic Violence Law of 2007 (PADVL).

The Lagos State Criminal Code generally creates criminal offences, including sexual offences. An entire chapter (Chapter 25) is dedicated to sexual offences in the Criminal Code. The Lagos State Prohibition Against Domestic Violence Law (PADVL) provides assurances and procedures for issuance of protection orders to victims of domestic violence by courts of law. It is important to note that the Prohibition Against Domestic Violence Law (PADVL) does not criminalize and provide punishment for domestic violence rather focus on Protection Orders. It however, criminalizes actions done to frustrate/affect Protection Orders. The title “Prohibition Against Domestic Violence Law (PADVL)” seems to be bogus for the PADVL and could have been titled “the Lagos State Protection of Domestic Violence Victims Law” to clearly reflect the true content of the law, as it is.

Need for Dedicated Law on SGBV & HR In Lagos State:
As at 2007 when Lagos State enacted the Lagos State Prohibition Against Domestic Violence Law of 2007 (PADVL), no other state in Nigeria could conceive such thoughts and law. In the normal style of Lagos State, it also amended its Criminal Code in 2011 and scored good points on the fight against SGBV and HR. It even set up the Lagos State Domestic and Sexual Violence Response Team (DSVRT), charged to respond to incidences of SGBV. All these and many more are the groundbreaking and pathfinding commendable inventions of Lagos State in combating SGBV.

However, there is need for some legislative reforms (to amend or enact new laws) to cover more forms of SGBV, protect victims, prosecute offenders and strengthen criminal justice institutions. The VAPP Act has set the pace this time, and Lagos State is encouraged to follow and may be, as usual overtake and lead. Having a Violence Against Persons [Prohibition] Law, its equivalent or any dedicated state law on Sexual and Gender-Based Violence (SGBV) and Harmful Practises (HR) in Lagos State, will afford the state an opportunity to refine its outdated definition of rape. It will also criminalise the following forms of violence; “harmful traditional practices on widows”, “forced financial dependence or economic abuse”, “emotional, verbal and psychological abuse”, “female circumcision and genital mutilation”, “ejection of spouse from home”, “forced isolation or separation from family and friends”, “abandonment of husband or wife, children or other dependents without any means of sustenance”, “Stalking”, “Political Violence” and “indecent exposure”, among others.

Conclusion:
Laws are softwares and applications that run nations on autopilot with minimal human intervention and predictable standards, geared towards peaceful co-existence, personal freedom and national coherence. Passion for nation and quest for justice is nothing, where there is no enabling law and reliable legal framework.

The passion of the executive and legislative teams of Lagos State is amazingly outstanding. However, the annoying surge in rape and SGBV cases in Lagos State needs more than passion. There is rather an urgent need for a dedicated state law on Sexual and Gender-Based Violence (SGBV) and Harmful Practises (HR), to ensure standard-minimum punishments for offenders, to avoid sentencing abuse in courts, to guarantee maximum protection for victims, to decrease SGBV cases and to increase reporting and access to justice.

All states in Nigeria have criminal laws that cover some parts of sexual offences (some forms of SGBV) but there is need for a coverage of all forms of SGBV & HR as well as Violence Against Women and Girls (VAWG). This is part of the reasons that states in Nigeria even with their respective Criminal Codes, Penal Codes and PADVLs are now enacting their own Violence Against Persons [Prohibition] Laws, its equivalent or any dedicated state law on Sexual and Gender-Based Violence (SGBV) and Harmful Practises (HR). Lagos State is expected to do same, too.

Probably, the Lagos State Prohibition Against Domestic Violence Law (PADVL) has confused some persons, and such persons have wrongly assumed that Lagos State has a Violence Against Persons [Prohibition] Law, its equivalent or any dedicated state law on Sexual and Gender-Based Violence (SGBV) and Harmful Practises (HR). This seems to be the only possible (but weak) justification for any platform or organization to rate, quote and list Lagos State as a state with a Violence Against Persons [Prohibition] Law. There is need to always go beyond titles of laws!

The case of Ekiti State is instructive. In 2019, Ekiti State enacted its own law on Sexual and Gender-Based Violence (SGBV) and Harmful Practises (HR) and titled it the Ekiti State Gender-Based Violence (Prohibition) Law, 2019. The law repealed earlier laws on SGBV (like,The Ekiti State Gender-Based Violence (Prohibition) Law, No. 21 of 2011, Ekiti State Female Circumcision (Prohibition) Law CAP. E.13, 2002, and the Rights of Widows Law CAP. R.6) in order to have a stronger legal framework like the VAPP Act. The Ekiti State Gender-Based Violence (Prohibition) Law, 2019 is aside the title of the law, a replica of the VAPP Act and more importantly, provides a robust legal framework in Ekiti State. It is the contents of laws that make-up legal frameworks and not just the titles of laws. Lagos State needs robust laws and not robust titles of laws, as seen in the Lagos State PADVL.

On a VAPP Tracker on the website of a civil society organisation, the assent date (ie, the date that a VAPP Law was signed into law) in Lagos State is quoted as 18 May 2007. This is actually the assent date of the Lagos State PADVL as shown above, and the Lagos State PADVL is not a VAPP Law rather a law on the protection of victims of domestic violence, this is just a component of SGBV. By the way, the VAPP Act also has this component in a Chapter (specifically at PART II) and has more five (5) parts /chapters, that clearly defines and criminalises all forms of SGBV, HR & VAWG, among other things. Lagos State needs to do more and the concerned VAPP Tracker should be fed with genuine data to avoid misinformation and disinformation. Field workers in Lagos State are already have issues sailing through the confusion being caused by this wrong information and it also seems to have exempted Lagos State from the CSO driven clamour for enactment of a VAPP Law.  I hope this work clears the air!

My authorities, are:
1. Sections 1, 2, 3, 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 1, 47 and 48 of the Violence Against Persons (Prohibition) Act, 2015 and other similar laws in states of the federation.
3. Sections 1, 2, 418, 419 and 420 as well as the entire Chapter 25 of the Lagos State Criminal Code, 2011
4. Sections 1, 2, 5, 6, 7, 18 and 19 of the Lagos State Prohibition Against Domestic Violence Law, 2007.
5. The Supreme Court’s judgment in the case (on how to prove rape) of NDEWENU POSU & ANOR v. THE STATE (2011) LPELR-1969(SC).
6. Onyekachi Umah, “How Lagos State Is Legislatively Ahead Of Other States” (LearnNigerianLaws.com, 30 September 2020 <https://learnnigerianlaws.com/how-lagos-state-is-legislatively-ahead-of-other-states/ > accessed 7 December 2020
7. Onyekachi Umah, “The First Virtual Court Hearing Was In Borno State And Not In Lagos State.” (LearnNigerianLaws.com, 1 June 2020) <https://learnnigerianlaws.com/the-first-virtual-court-hearing-was-in-borno-state-and-not-in-lagos-state-daily-law-tips-tip-579-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 7 December 2020
8. Onyekachi Umah, “Nigeria Has No Law Against Public Gathering During Covid-19 Era.” (LearnNigerianLaws.com, 14 April 2020) <https://learnnigerianlaws.com/nigeria-has-no-law-against-public-gathering-during-covid-19-era-daily-law-tips-tip-547-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 7 December 2020.
9. Onyekachi Umah, “An Access To Criminal Laws In Nigeria” (LearnNigerianLaws.com, 4 December 2020) <https://learnnigerianlaws.com/an-access-to-criminal-laws-in-nigeria/ > accessed 7 December 2020.
10. Onyekachi Umah, “8 New Things About Rape Laws In Nigeria” (LearnNigerianLaws.com, 3 December 2020) <https://learnnigerianlaws.com/8-new-things-about-rape-laws-in-nigeria/ > accessed 7 December 2020
11. OluTimehin Adegbeye, “Nothing Happens When Women Are Raped in Nigeria” (TheNewYorkTimes, 4 September 2020) <https://www.nytimes.com/2020/09/04/opinion/nigeria-rape-sexual-abuse.html > accessed 2 December 2020
12. Onyekachi Umah, “ChannelsTv Interviews Onyekachi Umah on Rape and the Laws.” (LearnNigerianLaws.com, 20 November 2020) <https://learnnigerianlaws.com/channelstv-interviews-onyekachi-umah-on-rape-and-the-laws/ > accessed 2 December 2020
13. Onyekachi Umah, “Can A Woman Be Charged With Rape” (LearnNigerianLaws.com, 24 June 2020) <https://learnnigerianlaws.com/can-a-woman-be-charged-with-rape-daily-law-tips-tip-595-by-onyekachi-umah-esq-ll-m-aciarbuk/ > accessed 2 December 2020
14. Onyekachi Umah, “Can A Husband Rape His Wife” (LearnNigerianLaws.com, 19 June 2020) <https://learnnigerianlaws.com/can-a-husband-rape-his-wife-daily-law-tips-tip-592-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 2 December 2020.
15. Warif Center, “Rape Stats In Nigeria” (warifng) <https://warifng.org/rape-stats-in-nigeria/> accessed 2 December 2020
16. Morenike Folayan, Morolake Odetoyinbo, Abigail Harrison and Bradon Brown, ”Rape in Nigeria: a silent epidemic among adolescents with implications for HIV infection” [2014] 7(25583) Global Health Action <https://doi.org/10.3402/gha.v7.25583> accessed 2 December 2020
17. Onyekachi Umah, “When Is Seduction Or Indecent Dressing A Justification For Rape In Nigeria?” (LearnNigerianLaws.com, 18 June 2020) <https://learnnigerianlaws.com/when-is-seduction-or-indecent-dressing-a-justification-for-rape-in-nigeria-daily-law-tips-tip-591-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 2 December 2020
18. Onyekachi Umah, “New Punishment For Rape In Nigeria” (LearnNigerianLaws.com, 23 June 2020) <https://learnnigerianlaws.com/new-punishment-for-rape-in-nigeria-daily-law-tips-tip-594-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 2 December 2020
19. Onyekachi Umah, “Rape Cannot Be Settled Out Of Court (No Room For Pay-Off/Forgiveness/Withdrawal Of Complaints” (LearnNigerianLaws.com,26 June 2020) <https://learnnigerianlaws.com/rape-cannot-be-settled-out-of-court-no-room-for-pay-off-forgiveness-withdrawal-of-complaints-daily-law-tips-tip-596-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 2 December 2020Adetomiwa Isiaka,“Nigeria declares ‘state of emergency’ on rape and sexual assault” (global voices, 3 July 2020) <https://globalvoices.org/2020/07/03/nigeria-declares-state-of-emergency-on-rape-and-sexual-assault/ > accessed 2 December 2020
20. BCC, “Nigeria’s Kaduna passes law to castrate child rapists” (BBC, 11 September 2020) <https://www.bbc.com/news/world-africa-54117462 > accessed 2 December 2020.
21. Onyekachi Umah, “A Female Too, Can BE Guilty Of Rape” (LearnNigerianLaws.com, 13 December 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-248-a-female-too-can-be-guilty-of-rape-in-nigeria/ > accessed 2 December 2020
22. Onyekachi Umah, “Ages At Which Sexual Intercourse With Consent Will Amount To Rape” (LearnNigerianLaws.com, 20 February 2020) <https://learnnigerianlaws.com/ages-at-which-sexual-intercourse-with-consent-will-amount-to-rape-daily-law-tips-tip-509-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 2 December 2020
23. Onyekachi Umah, “How To Prove Rape In Nigeria).” (LearnNigerianLaws.com, 2 July 2019) <https://learnnigerianlaws.com/how-to-prove-rape-in-nigeria-daily-law-tips-tip-363-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 2 December 2020.
24. Onyekachi Umah, “Child Marriage/Abuse Is A Crime (Rape): An Exposé On Laws Prohibiting Child Marriage” (LearnNigerianLaws.com, 22 June 2020) <https://learnnigerianlaws.com/child-marriage-abuse-is-a-crime-rape-an-expose-on-laws-prohibiting-child-marriage-daily-law-tips-tip-593-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 2 December 2020
25. Onyekachi Umah, “Forced Marriage Is An Offence In Nigeria.” (LearnNigerianLaws.com, 21 October 2020) <https://learnnigerianlaws.com/forced-marriage-is-an-offence-in-nigeria/ > accessed 2 December 2020

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Persons Exempted From Queueing In Nigeria

#OBSCURELEGALFACTS BY AROME ABU

In Nigeria, persons living with disabilities are exempted from queueing. Consequently it is an offence not to give them first consideration on queues.

Pregnant women, do not fall within the category of “persons living with disabilities”, but usually earn similar indulgence on moral and compassionate grounds.

PENALTY
Fine of N50,000 or imprisonment for 6 months or both.

See Section 26 of the Discrimination Against Persons with Disabilities (Prohibition) ACT, 2018.

Arome Abu is the Principal Partner of TCLP.

CAVEAT: Note that this information is provided for general enlightenment purposes and is not intended to be any form of legal advice.

Obscure Legal Facts is an exclusive daily publication of THE COUNSEL L-P.
Plot 108 Idris Gidado Way, Wuye, Abuja.
abuarome@[email protected]
+234 803 262 2359
+234 708 1156 539.
Twitter: @TheCounselLP

Rejoinder: Mr. President, Stop The Killings Now! Restructure Nigeria!

By Ebun-Olu Adegboruwa, SAN

Last week’s piece on the above topic attracted a variety of comments from readers and the general public. The topic itself was the subject of national discourse. And as if reading my mind, the Senate, for the umpteenth time, asked the President to sack the service chiefs, whilst the House of Representatives invited the President to address it on no specific date. The Speaker was later to be seen in Aso Villa, ostensibly to consolidate on the proposed appearance of the President. I have my reservations on that visit and the declarations made by the Speaker, but that is a topic for another day. In the most surprising manner, the President of the Senate that had indirectly indicted the President on security matters, was later to lead a delegation to Borno State, some days after, frolicking with the same service chiefs that he wants the President to sack. Would it not have been better for the legislators to just maintain their peace, rather than embarking upon half-hearted resolutions which they knew they had no willpower to back for implementation? Or was it all about impressing (or misleading) the people? Let me share with you the views of many Nigerians on the topic.

Adeniyi A. Ajibola:

Very good analysis but what is the legal way to go about getting the required restructuring? The president does not have power. How do we kick start a “we the people” thing legally and peacefully? No one can stop it once the move starts. That is the next write up I am looking forward to sir.

Oduorah Paul Okechukwu:

Buhari, a renowned combatant? This attribute is the greatest lie of the century. It is on record that a known combatant, Idiagbon of his regime, was hoodwinked to travel to Saudi and Buhari was effortlessly overthrown without a single shot fired. That coup was later described as a palace coup. Please, let us stop distorting history. It is ridiculously funny to expect Buhari who cannot settle feud in his immediate family to give Nigerians security. Buhari has no capacity to lead Nigeria and this is evident in the way and manner every facet of governance has been ruined. Our economy has been irredeemably destroyed, national grid collapsed, security damaged, naira painfully destroyed in value, et cetera. There should be a massive protest across the country, asking Buhari to go. He is no better than a mannequin.

Ibrahim Akinpelu:

Restructuring is the only way out to free Nigerians, especially the southerners, from the fraudulent constitution that gives one’s resources to the others that are contributing little and in some cases NOTHING, to the federation.

AK George:

My SAN, we can’t continue on same page everyday, asking this administration to profer the simplest solution to mankind which is security. The whole system was a scam in the beginning, they have no declared agenda for this country. Thank you.

Ikuomola Olubadewa Pedro:

The killings are too much!
While President Buhari is smiling daily on the issues simply because none of his family members have been involved.

Edmund Onoriode:

Oil will never allow them restructure Nigeria! Even though the North have started restructuring with their massive infrastructure investment in Niger i.e rail way construction to open up their land. The day Oil is no longer relevant, the North will agree to Restructure! To the North, means that they will no longer have access to oil money! Period!

Adeleke Teslim:

To restructure Nigeria, is it by Executive order or fiat? What is the role of the National Assembly if I may ask?

Eki Fred Ehizele:

Appeals to the president to stop the killings and restructure Nigeria are ludicrously naive.

Aliyu Suleiman Hayatulah:

Sir, what is the role of National assemblies in restructuring Nigeria?

Although not directly reacting to my piece, the Northern Elders Forum, came out with a scathing demand on the President, to resign and to quit the stage. Let me share their thoughts with you, as reported in the newspapers.

“For the second time in two days, the Northern Elders Forum (NEF) yesterday asked President Muhammadu Buhari to resign, saying he has failed to secure Nigerians. NEF spokesman, Dr. Hakeem Baba-Ahmed, stated this last night in a live television programme.

He said it is disappointing that after over five years of being in office, Buhari still hasn’t delivered on the promises he made to Nigerians when he was first elected in 2015.
Baba-Ahmed noted that Buhari had asked his predecessor, ex-President Goodluck Jonathan, to resign in 2013 over growing insecurity in the country and so, it is not out of place to demand that he resign over the same security challenge.
He said: “We will continue to ask that he (Buhari) resigns. He is a democratically elected president. We wish he is doing better but he is not. Ordinarily, under a democratic system, a leader is supposed to deliver, he is supposed to do two things – he is supposed to secure citizens and he is supposed to facilitate their economic welfare. He (Buhari) hasn’t done the first and he is not doing the second. So, explain to me on what basis President Buhari should continue to be our president?

“However, it is his right to continue to be the president even if Nigerians are unhappy and unsatisfied with what he is doing, that is his right but we will not keep quiet; we will continue to speak up that he has failed Nigerians, he is failing Nigerians and under a democratic setting, we have to raise our voices and say, ‘Mr. President, you are just not good enough for this country’. That is just the simple truth.

“We have respected the President, we understand the difficulty he is facing and we understand how difficult it is to tell him to resign but we also have the democratic right to tell him, ‘Sorry sir, you cannot run this country, you have been given five, six years to do so and the situation is just getting worse and we believe that you have nothing new to offer and the only way is for you to resign’. We believe we are speaking for millions of Nigerians.”
Earlier, the northern elders said life has lost its value under the Buhari regime while condemning Saturday the killing of at least 43 rice farmers by Boko Haram insurgents in Borno State.”

Various coalition groups from the North in particular, have been up in arms against the President and his security team, given the carnage going on in that region presently. It is becoming clear by the day no doubt, that the President is somewhat overwhelmed by the daunting challenges posed by insecurity across the land, especially in the wake of the EndSARS protests, all of which have exposed the limitations of the security agencies, including the once dreaded military. In a nation where service chiefs are competing to build universities in their domains rather than engaging in purposeful combat, where it has become fanciful to organize military parades against civilians to stop the exercise of their fundamental rights to protest, one can best imagine the usefulness of any military outfit that they lead. I agree with many Nigerians that the service chiefs should be relieved of their duties to allow fresh ideas in the security architecture of the nation.

Now that all our people have spoken with one voice that the government has failed in respect of security, it is left to be seen if the President will heed our calls to do the needful. Part of the reason why the President’s urgent response is needed is to confirm if he got his mandate to rule, from Nigerians. If it is the votes of the people that produced the President, then he has no choice but to yield to the demands of the voters, to sack the service chiefs and to do all in his power, working with others in his political party, to fulfil the promise of restructuring. All excuses to evade this sacred responsibility are totally unacceptable. When the people are scared to even go to their farm, when it has become a nightmare to travel from one State to the other and it is a matter of war to dwell safely in your own land, then governance has lost its purpose and those claiming to lead the people at such a time, do so on their own terms.

ASUU, GOVERNMENT AND THE STUDENTS

When it was announced that the teachers and the government had reached a consensus on their protracted negotiations, the expectation was that the schools would re-open almost immediately, but that has not been the case. Whatever is dragging the wheel of the negotiations, whatever consultations are being undertaken by the teachers, it is time to call off the strike and give meaning to education.

Let the discussions continue, on a long term basis, let the engagements get deeper, to achieve a permanent solution, but let the career of our children experience some progress. ASUU should reciprocate the sympathy and support of Nigerians by ending the strike immediately. In the same vein, the government must come out clean on its promises over the years. The leadership of the National Assembly had made a solemn vow that it will not sign off on the 2021 budget unless a substantial portion of it is devoted to education. We are all waiting, as the time to test that resolve is almost here.

In the meantime, the general feeling of all parents and indeed the masses of our people is that the teachers should end the strike. If ASUU is listening to any other voice to prolong the strike any day further, then it is that of the enemy. It will get to a time when the purpose of the struggle of ASUU may become counter-productive, especially with the reactions of other unions and stakeholders within the university system. Whereas I agree perfectly that the teachers deserve their wages, however, so long as there is a firm commitment by the government to pay, well documented and enforceable, expressed not only to the teachers but also the people of Nigeria, ASUU should reconsider its stand on no resumption without actual payment, if only as a demonstration of the value placed on the sacrifices of others. Let the universities re-open, without further ado. The struggle is continuous.

CIBN Advises Banks On Cybersecurity

The Chartered Institute of Bankers of Nigeria (CIBN) has urged the banks to strengthen their cybersecurity architecture to protect themselves against attacks by fraudsters

President/Chairman of Council of the institute, Bayo Olugbemi made the call at the CIBN’s Fellowship Investiture in Lagos at the weekend.

Olugbemi told over the 600 participants, who attended or connected to the event across the globe through Zoom and YouTube, that Nigeria has been bedevilled by various challenges this year ranging from drop in oil price, COVID-19 pandemic, the recent #EndSARS protests and the attendant pocket of unrests across the country to the recession. The pace of these disruptive forces and their attendant effects on the financial service system has been intense.

He maintained that the banking industry has remained resilient providing succour for businesses and millions of individuals across the country.

The CIBN conferred its honorary fellowship awards on 19 bankers in recognition of their contributions to the industry and the economy; 77 Associates as Fellows while 105 Senior Management Staff of banks and the academia became Honorary Senior Members of the institute at the event themed, ‘Financial services in a post-COVID-19 Environment: Strategic imperative’.

Others who were conferred with the same award were President, African Development Bank (AfDB), Adewunmi Adesina; Bank of Sierra Leone Governor, Professor Kelfala M. Kallon; the President, West African Bankers Association and President Liberia Bankers Association, Mr. John Davies III, among others.

He said that Banks will also continue to reinforce their Risk Management Framework in tandem with Government policies and urge the banks to consider conducting more market research on how customer needs might change in the Post COVID era. This would inform product development and process improvements

In other way round, Mr. Kunle Elebute, Senior Partner, KPMG Nigeria & Chairman, KPMG Africa, while speaking on the “New Realities in the Post-COVID World: Strategic Imperatives”, told bankers that Global CEOs are beginning to acknowledge that the new wave of technological advancement comes with risks that cannot be ignored.

The KPMG Boss said that the effects of COVID-19 will drive new ways of working, new performance metrics and new ways of connecting with and managing employees, well beyond the “work from home” dimension.

Board and executive management are also increasingly aware that while they might not be the expert in the subject of cyber risk, they will be held accountable if there is a cyber-attack that disrupts business performance, he said.

As a result of the pandemic and working in the remote environment, Elebute suggested that new productivity metrics need to be developed, but without being perceived as intrusive and maintaining a strong culture is as important as ever but much harder, he said

In his intervention, Mr. Ernest Ebi, former Deputy Governor, Central Bank of Nigeria and Chairman of the event who maintained that the banking industry must realize its locus in the economic recovery process, as banks and other financial institutions play significant role in shaping the recovery by supporting households and businesses to rebuild their financial security and business health.

To continue to fill the enormous credit gap and offer customers greater access to requisite financial services, Mr Ebi charged the bankers to look beyond the immediate threat of the pandemic and refocus on understanding their customers’ ‘new normal’ needs. Banks, therefore, need to adopt new operating models that support rapid and stronger recovery, as well as ensure efficiency and resilience to weather the storm.

“I am honoured like other honourees to be conferred with this fellowship, the responsibility is for us to conduct ourselves both in our personal and professional life (locally and globally) to these high standards, to be role models and mentors to other professionals in the banking industry and also to support the Institute in its broad activities in terms of building capacity of bankers and their professionalism”, Adesina, President, AfDB said.

Firm Petitions LPPC, NBA Against SAN For Alleged Professional Misconduct

*Akinseye-George denies allegations, demands N115m legal fees

A company, Nacenn Nigeria Limited, has filed a petition against Prof Yemi Akinseye-George SAN before the Chief Justice of Nigeria (CJN)/chairman of the Legal Practitioners Privileges Committee (LPPC) and the Nigerian Bar Association (NBA).

It is alleging “professional misconduct, criminal misrepresentation, suppression of material facts and fraud” against the Senior Advocate of Nigeria (SAN).

This is despite the pendency of a suit by the SAN at the High Court of the Federal Capital Territory, in which he is demanding N115million from the firm.

NACENN, in the October 8 petition sent separately to the CJN and the NBA, is urging them to investigate its complaints.

It wants them to refer the petition to the LPPC and the Legal Practitioners Disciplinary Committee (LPDC) respectively “for appropriate sanctions as the justice of this petition demands.”

The allegations

In affidavits on oath deposed to by Nacenn’s director, Chukwugozie Ezulike, the petitioner accused Prof Akinseye-George of violating the Rules of Professional Conduct for Legal Practitioners 2007.

Specifically, the firm said the SAN contravened Rule 1 and Rule 23 (1), which provide: “A Lawyer shall uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner…

“A lawyer shall not do any act whereby for his benefit or gain he abuses or takes advantage of the confidence reposed in him by his client.”

Nacenn Nigeria said it engaged Prof. Akinseye-George by a letter dated February 28, 2018, to assist it to recover N2billion judgment-debts from the Federal Government.

The firm said it was agreed that his professional fees will be 10 per cent of whatever he recovered and that the duration of the engagement shall automatically terminate after March 30, 2018, if Nacenn does not receive the said payment.

The petitioner said Prof Akinseye-George did not recover any amount within the period of the subsistence of his engagement letter.

The firm said it re-engaged the SAN on April 25, 2018, to continue with the recovery on the terms that he is entitled to 10 per cent of any recovery made.

Nacenn said this engagement terminated on May 15, 2018, by the end of which Prof. Akinseye-George made no recovery.

The company said: “Despite the fact that no effort by Prof. Akinseye-George (SAN) yielded any benefit for the company in form of any payment, when in June 2018, after the effective termination of his second engagement the Federal Government paid the sums of N100million and N150million, Nacenn Nigeria still magnanimously paid him the sums of N10million and N15million respectively, representing 10 per cent of the recovered sums as contained in the earlier terms of the engagement letter.

“Nacenn Nigeria having paid off Prof. Akinseye-George for his services and given the fact that his engagement had lapsed, formally wrote him on the 10th day of August 2019 terminating his services to the company.”

The petitioner said its former Chairman/Chief Executive Officer, the late Chief N. G. Ezulike, had engaged the services of another lawyer, Henry Iheanacho, to recover the remaining debt.

The petition reads in part: “Unfortunately, the former Chairman/CEO died on the 23rd day of October 2019. “Prof. Yemi Akinseye-George (SAN) immediately took undue advantage of the death to misrepresent to Mr Afam Ezulike, the son of the former Chairman/CEO, that his engagement to recover the sum of N2billion was subsisting, and wilfully refused to inform him in actual fact that his contract was terminated on the 10th of August 2019.
“Furthermore, Prof. Akinseye-George also suppressed the fact and refused to disclose to Mr Ezulike that the law firm of Henry Iheanacho & Co. was engaged to take over from him and the said law firm has commenced work based on the terms of its engagement; despite these facts being personally known to Prof. Akinseye-George.”

Alleged 20 per cent demand

The firm said shortly after the death of the former Chairman/CEO, Prof. Akinseye-George learnt that the Federal Government made another N500million payment in November 2019.

“He immediately took advantage of the situation of the death and the fact that the family was in grief and completely unaware of the terms of his earlier engagement and termination and fraudulently demanded the sum of N100million, being 20 per cent of the N500million.

“The family of the former Chairman/CEO of Nacenn Nigeria, not being aware of this pre-meditated plan of Prof. Akinseye-George to defraud them, actually paid him the sum of N100million, being 20 per cent of N500million paid to Nacenn Nigeria on the fraudulent misrepresentation in his demand letter.”

Nacenn Nigeria said it attached to the petition the statement of account of Prof. Akinseye-George showing that he “fraudulently collected 20 per cent of N500million”.

The firm said the SAN, in a letter of November 27, 2019, demanded 20 per cent of the recovered sum for himself only, “even when he knew he had no contract”.

The petitioner further alleged: “He equally demanded additional 7.5 per cent of the recovered sum to be paid to Henry Iheanacho & Co, which clearly confirms that he is aware that Henry Iheanacho & Co was the one with the subsisting contract to recover the balance of the judgment debt and not him.

“The total percentage contained in the demand letter is far above the contemplation and instruction of Nacenn Nigeria to anybody”.

The firm said even if the SAN had any subsisting contract, he would only be entitled to 10 per cent of any sum recovered “and not the 20 per cent he fraudulently misrepresented and collected”.

The petitioner added: “In May 2020, long after the termination of the contract and the appointment of the law firm of Henry Iheanacho & Co, the Federal Government made an additional payment to Nacenn Nigeria Limited in the sum of N416,666,666.00.

“Prof. Akinseye-George, on becoming aware of the payment, set in motion a dishonest plan to continue defrauding Nacenn Nigeria by sending a WhatsApp message to Mr Ezulike vide his telephone number demanding for 20 per cent of the sum of N416, 666,666.00 for himself alone and an additional seven per cent for Henry Iheanacho & Co, whom he had earlier demanded 7.5 per cent for it as its entitlement.
“It is manifestly clear that Prof. Akinseye-George has this penchant of unilaterally falsifying percentages and figures for personal financial gains to the detriment of his client whose interest he has a duty to protect and, clearly, these actions amount to conduct unbecoming of a legal practitioner.
“Fortunately, the new management headed by Mr Ezulike discovered the docket where the various letters of engagement, disengagement and correspondences between their late father and Prof. Akinseye-George were kept.

“The documents show that Prof. Akinseye-George misrepresented that he was entitled to 20 per cent of recovered funds as against 10 per cent expressly stated.

“Also, Mr Ezulike discovered that Prof. Akinseye-George’s contract was terminated in August 2019 and was not renewed subsequently.

“The new management was utterly shocked that upon confronting Prof. Akinseye-George with these hard truths of his suppression of relevant facts, criminal misrepresentation and fraud, he neither showed any sign of remorse nor apologised for his criminal acts.

“Rather, he was busy saying that he has put in great efforts to secure the payments made, which invariably is not an answer to the fraud he perpetrated on the company.

“In spite of the dishonest manner and fraud done to Nacenn Nigeria by Prof. Akinseye-George, the new management decided not to make a public show of his fraud.

“Accordingly, it reaffirmed the termination of his engagement on grounds of criminal misrepresentation and fraud but on compassionate grounds and given the prior efforts even though these did not yield any tangible result decided to pay him 2.5 per cent of N416,666,666.00, which amounted to N10,416,666.65.

“However, Prof. Akinseye-George continued insisting that he was still entitled to 10 per cent of the sums recovered inclusive of the ones that are yet to be recovered even though his engagement had long been terminated and even though he had demanded and was paid an extra N50million over and above what he should have earned from the N500million recovered.”

According to the petitioner, the SAN wrote a letter on May 29, 2020, nine months after his final disengagement, “where he somersaulted to demand 10 per cent of the recovered sum relying on the letter of engagement dated 28th February 2018 as opposed to the 20 per cent which he fraudulently demanded and was paid.”

The firm claimed Prof Akinseye-George served it a bill of charges the same day re-emphasising his entitlement as 10 per cent and continued to monitor payments made to it “to make spurious demands”.

‘Nacenn not indebted’

Nacenn Nigeria said it could not understand why a legal practitioner who was disengaged by a client in writing would insist “on foisting himself on the client”.

“It is, inter-alia, on the basis of this that Nacenn Nigeria denies being indebted to Prof. Akinseye-George in respect to the bill of charges served on it.

“It is pertinent to state here that as at 10th of August 2019 when Nacenn Nigeria finally terminated the contract of engagement of Prof. Akinseye-George, it was not indebted to him and it is wrong and fraudulent for him to demand payment for a work done by another person duly engaged after his formal disengagement.

“From the way Prof. Akinseye-George has acted after his final disengagement, it seems that he briefed himself to continue working for Nacenn Nigeria without its knowledge and consent and this runs contrary to the ethics of the legal profession and, as a member of the inner Bar, the learned Senior Advocate ought to know this,” the petitioner said.

It added that “in a display of extreme bad faith”, the SAN procured an order of Mareva injunction and attached all the funds in its Zenith Bank account, which included its operational funds that are not part of the recovered monies, thereby crippling its business and making it impossible to honour its obligations.

The firm said: “The conduct of Prof. Akinseye-George as chronicled above and supported by documents, shows professional misconduct of the highest order, suppression/ misrepresentation of material facts and actual fraud by Prof. Akinseye-George, who with impunity disregarded the ethics of the legal profession because of selfish pecuniary gains, thus dragging the name of the revered legal profession in the mud.

“The petitioner is aware that the legal profession in particular and the judiciary in general have internal mechanisms, systems and organs like the Legal Practitioners Disciplinary Committee and the Legal Practitioners Privileges Committee that handle complaints like this against deviants and erring members of the legal profession and apply the necessary sanctions in deserving cases on such erring members irrespective of status at the Bar.

“It is on the strength of this belief that the Petitioner is bringing this petition hoping that it will get the justice that will serve as a deterrent to other members of the Bar who might want to take this ignoble route.

“The petitioner is prepared to appear and defend this petition whenever called upon by any organ or panel that may be constituted to handle this petition.”

SAN’s case

Prof Akinseye-George, in his suit, is demanding N115million from Nacenn Nigeria for services rendered in recovering the debt.

The SAN said he was engaged due to his expertise as a professor of law and experience in mediating between the government and the private sector, having also worked as a special assistant to three different Attorneys-General of the Federation.

He said the late Chief Ezulike asked him to do all within his powers to recover three judgment-debts worth about N2bilion and was engaged via a February 28, 2018 letter.

He said he briefed his client about the developments at the expiration of the time given him.

He said he was asked “to continue to carry out the assignment”, with the assurance that the promised 10 per cent would be paid on the recovery of the debt.

The SAN said he succeeded in recovering the funds.

Prof Akinseye-George said the late Ezulike’s son, Afam, called to reassure him that the company would honour the father’s commitment to him when Chief Ezulike died.

The claimant said due to his “persistent follow-ups”, the Ministry of Finance paid N500million to the company in November 2019. The company, in turn, paid him the agreed 10 per cent.

The SAN said following numerous visits to the ministry and several letters, the ministry decided to pay the balance in three equal instalments of N416,666,666.6, with the first instalment paid in May this year.

Akinseye-George said to his “utter surprise and dismay,” the company refused to pay him the agreed 10 per cent fee.

Instead, he was paid “a paltry sum of N10.4million being 2.5 per cent of the amount paid the defendant by the Federal Government”.

He said the Ministry of Finance, on June 15, paid the second instalment to the company.

The SAN said the company owes him N31,666,666.6 less N10.4million for the first instalment; N41,666,666.67 for the second instalment payment and the same sum for the third instalment payment, which he said was due to be paid in July.

The claimant said the first defendant was indebted to him to the tune of N73,333,333.27 up to the time of filing the suit and that he is entitled to a further N41,666,666.67 given the last payment.

Akinseye-George claims “he has suffered great financial inconvenience” due to the refusal to pay the balance of his professional fees, adding that the company is “stopped from denying the efforts and work of the claimant”.

The SAN averred that “even though the letter stated that his contract would automatically terminate on March 30, 2018, a new contract was created by the actions, words and conduct of the first defendant after that date”.

He said he not only continued to render his professional services, but also wrote letters, facilitated meetings, visiting the finance ministries of justice and finance countless times, and exchanged over 30 messages with the late chairman and other executives.

The SAN said he continued “representing the first defendant according to the terms of the contract engagement”.

The claimant said he would rely on the doctrine of estoppels, adding: “The first defendant cannot deny the existence of a contractual relationship between it and the claimant”.

Akinseye-George denies allegations

Prof Akinseye-George denied the allegation of fraud or misrepresentation.

He stated that the N50million he was paid was deployed to honour the commitments made by the late Chief Ezulike to those who facilitated the recovery of the judgment-debt.

“These commitments were known to the General Manager, Mr Ifeanyi Okwusa and Mr Maduka Anigbogu.

“The N50million was deployed fully for the purpose it was brought, through Mr Ifeanyi Okwuosa.

“I never misrepresented any fact or facts to anybody, including Afam Ezulike, in respect of anything done in the course of the recovery of the entire debt,” the SAN said.

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