Chinedu Asadu, a journalist with TheCable, has been receiving threatening messages over his investigative story on quackery in Akwa Ibom hospitals.

Asadu had gone undercover to expose how in different hospitals in Akwa Ibom train and employ unqualified nurses, under the guise of an auxiliary nursing programme.

He found that hospitals often allow the trainees to directly manage and administer drugs to unsuspecting patients, thereby endangering their lives.

The Nursing and Midwifery Council of Nigeria (NMCN) told TheCable such practices amount to quackery and vowed to shut down such hospitals.

But since the first part of the investigative project was published on Thursday last week, two of the hospitals have been repeatedly calling the reporter’s phone line.

“Sometimes I receive calls more than 30 times a day from one of the hospitals,” Asadu said.

“One of the hospitals,  Our Lady of Lourdes’ Infirmary, located in Uyo, the state capital, went as far as telling me that the will find me in any part of the world I go to.

“The direct phone line of Daniel Ngang, the hospital manager, has contacted me directly, with at least five other lines calling at the same time.”

Checks revealed that among those calling are Edikan Olof, a current student enrolled in the hospital’s programme, as well as some members of staff.

Messaging via his line – 0817 624 4831 – Ngang once told the reporter: “Black animal, fraudster, we will search for you in any part of the globe spiritually.”

In another instance, he sent a message which read, “Early 6 feet await you soon.”

Some of his other messages read: “The gods of the land will soon locate you, wait for spiritual slap; It wouldn’t be well with you in this life”, “Your cup will soon full.”

TheCable had contacted all indicted hospitals for their response, but none of them responded except Milestone Specialist Hospital whose founder who denied running such a programme, claiming instead that “we do six weeks online Strengthening Community Health Workers Programme.”

TheCable

By Obadiah Mailafia

NOTHING lasts forever. Except true love as rhapsodised by the poets. Life has taught me that whatever you have to do, do it now and do it with all your might. You must strike while the iron is hot. Because you might never pass through this road again. Today we are here and tomorrow we are nowhere. Across the great vicissitudes of time, nations rise and fall like the tidal waves of the ocean. The historian, Arnold Toynbee, in his epic study of human history, identifies 26 world civilisations. Less than a dozen survive today. There are no guarantees for nations or civilisations. Hugh Trevor-Roper, who later became Lord Dacre, was Regius Professor of History at Oxford. He wrote a lot of nonsense, notably his infamous obiter about Africa having no history, and whatever could be thought as its history was “nothing but darkness”. But he also proposed the fascinating concept depicting nations as “invented traditions”. He was perhaps echoing the Swiss historian Jacob Burckhardt, who famously described the state in renaissance Italy as “a work of art”. By this he meant that visionaries are always present at the Creation. Burckhardt believed that great states are built with the same vision, skill, panache and passion as Michelangelo painted the Sistine Chapel or as Mozart composed his great symphonies. Nations are not impersonal abstractions. They are the collective outcomes of individual creativity, vision and purpose. The ancient Egyptians revered the sage Imhotep (“the one who comes in peace”) as the embodiment of their highest genius. Philosopher, mathematician, scientist, architect and mystic, Imhotep was the grand vizier and counsellor to Pharaoh Djoser during the Old Kingdom. King Solomon ruled ancient Israel in righteousness and justice, following the steps of his illustrious father King David. The ancient Greeks looked up to Solon as the founder and law-giver of the Athenian Republic. The Stoic philosopher Marcus Aurelius was one of the most compassionate and fair-minded Emperors that ever reigned over Rome. So was Asoka of Chandragupta India and Akbar the Great after him. So were the righteous Caliphs during the first centuries of Islam. In the history of the American Republic, I am most impressed by George Washington, James Madison and Abraham Lincoln. I find Elizabeth I, Gladstone, the two Pitts and Winston Churchill to be the brightest lights in the galaxy of English constitutional government. In the Old Continent, I would doff my hat for Konrad Adenauer, Charles de Gaulle, Thomas Masaryk, Vaclav Havel and Angela Merkel. Gandhi and Nehru nurtured a vision of the greatness of India as we know it today. So did Mao, Zhou En-Lai and Deng Xiaoping in China. Africa has its share of glittering stars: Kwame Nkrumah, Julius Kambarage Nyerere, Amilcar Cabral, Agostinho Neto, Seretse Khama, Samora Machel, Thomas Sankara, Nelson Mandela and Paul Kagame. Just as it takes individuals to build a nation, it takes individuals to destroy it. The tallest and grandest building in the world today is the 829-metre high, 163-floor neo-futurist Burj Khalifa in Dubai. Built at a cost of $1.5 billion, it took more than five years to build. To destroy that edifice will require just 10 kg of dynamite and a few minutes of controlled explosion. It is far easier to build than to destroy. ALSO READ: Reps hold special session Monday to pass 2021 budget into law The British cobbled together Northern and Southern Nigeria in 1914. They did it to save administrative costs at the eve of World War I. Only six individuals actually signed the Amalgamation document. They are:  Siyanbola Oladigbolu, the Alaafin of Oyo; R. Henshaw, Obong of Calabar; Muhammadu Maiturare, Sultan of Sokoto; Abubakar Garbai el-Kanemi, Shehu of Borno; Usuman bin Abdullahi, Emir of Kano; and Sir Kitoyi Ajasa, a lawyer and member of the Legislative Council of the Crown Colony of Lagos. The latter, Sir Kitoyi, was largely an agent of the British. The majority of Nigerians were not party to the agreement contracted in that historic process. No Eze in Igbo land was ever consulted. No chief from the entire Middle Belt signed up to the treaty. Nobody from the great Bini Kingdom was represented. If someone signed a treaty on your behalf, of which you were not party to and had no knowledge of, that treaty, ipso facto, must be considered to be null and void under international law and all the sacrosanct legal precepts and traditions recognised by civilised nations. The legalists are telling us that the hundred-year lease has ended. Last week the South and Middle Belt coalition gave an ultimatum to the Federal Government to dismantle the 1999 constitution which they believe to be a fraud. Nations can live with bad constitutions, so long as the leaders exercise restraint while governing with fairness and justice. This is why nobody raised those issues under Olusegun Obasanjo, Umaru Yar’Adua and Goodluck Jonathan. But we live in evil times. A cabal has cornered power to itself and is governing, not in the national interest, but on the basis of nepotism and exclusion. They have imported thousands of armed mercenaries from neigbhouring countries and have allowed them to wreak havoc on a staggering scale. They have killed our people, raped our women and desecrated our ancestral homelands. Many believe that the current incumbent of our high magistracy is suffering from advanced dementia. The cabal have used the opportunity to commit grand larceny with the wantonness of drunken sailors; borrowing billions of dollars to build railroads and refineries in neighbouriing countries, for which future generations will have to pay through their noses. We are today the third most terrorised country after Afghanistan and Somalia. Hunger and despair stalk the land. In creating Boko Haram, Fulani militias and the bandits, our Arewa elite aimed to create hegemonic system of rule anchored on fear. They have unleashed a Frankenstein’s monster that now threatens to devour us all. The Arewa of my birth, with its green and pleasant air, has become a godforsaken desert wasteland of beggarliness and sheer destitution. In early August, the commander of U.S. Special Operations Command, Africa, AFRICOM, General Dagvin Anderson, warned that al-Qaida and global Jihadist groups had already gained inroads into Nigeria and other African countries. He also revealed that they were sharing such intelligence reports with our authorities so that they can take requisite action. Our enemies are not only local; they are as far afield as Turkey, Qatar, Iran and other rogue nations. Not too long ago, container loads of arms shipment from Turkey were intercepted by our customs officials. A Lebanese vulture was also found with a huge cache of arms in the basement of a supermarket in Abuja. As happens with such cases, the matter was swept under the carpet. No bandits and Boko Haram or Fulani herdsmen militias have ever been tried and convicted under the full glare of the criminal law. If this does not look like official collusion, then I don’t know what it is. Sadly, we have reason to believe that there are some world powers whose geostrategic objective is for our country to become a comatose elephant like DRC. They would celebrate with glee if Nigeria were to disintegrate tomorrow. Clearly, it doesn’t take much effort to destroy a country. Perhaps without meaning to, this is what the current administration is doing. The emerging reign of fear and collective anomie is generating anger and embitterment among our populations; among ancient warrior tribes that had never been conquered by Jihad. They are not about to lie down and die. It should not surprise anyone that the ghosts of Oduduwa and Biafra have been resurrected. I am a Nigerian patriot. I innately believe that ours is a high and noble destiny. But I am also aware that it is so easy to destroy a country through incompetence, folly and bad faith. Our 206 million people stare at a bottomless abyss; where everything we hold most sacred could go up in a bonfire of the vanities. Let the true patriots stand up and be counted!

Vanguard News Nigeria

During the church’s Sunday service, which was monitored by PREMIUM TIMES, Mr Alabi did not address the allegations against him.

For nearly a week after multiple accounts of his alleged sexual misconduct surfaced online, Peter Alabi, a clergyman, has refused to respond to the accusations.

His church, Rhemaword International Christian Center (RICC), later renamed Heritage of Faith Church, has also kept mute.

PREMIUM TIMES had earlier reported how Mr Alabi, a Senior Pastor at RICC, has been faced with accusations of sexual impropriety after he was called out on social media.

Mr Alabi, a graduate of Obafemi Awolowo University, Ile-Ife, Osun State, started his ministry in Ile-Ife where he led a student fellowship in the school for years even after graduation. He later moved to Lagos State, where RICC is now headquartered.

Meanwhile, many other alleged victims and former members of his religious organisation have, in the past six days, claimed to be privy to his “unholy” deeds.

Many of these people shared their experiences via a form put out by Temitope Badejo, a lawyer and former member of his church.

According to testimonies, majority of his victims were students of OAU but the chats showed that the clergyman also made sexual advances at a female member during the COVID-19 lockdown.

‘Silent’

When contacted before the first publication, the church, through its official line, informed PREMIUM TIMES that Mr Alabi will respond to accusations of sexual harassment against him on Sunday.

Adedayo Oluwafikewa, Mr Alabi’s personal assistant, also confirmed this but claimed the response would not be made public as it was intended for a section of the church.

During the Sunday service, which was monitored by PREMIUM TIMES, Mr Alabi did not address the allegations making rounds.

After the church’s service on Sunday evening, our reporter put calls across to the telephone but the line was switched off. This continued on Monday.

This paper sent a couple of emails and text messages to the designated addresses but yet to get feedback.

Also, when the respondent to the church’s official telephone was contacted via her private telephone, she said; since PREMIUM TIMES had sent a text message, it will be attended to. She did not comment on why the church’s line has been switched off.

Speaking with our reporter on Sunday evening, Mr Alabi’s personal assistant said his principal was yet to make an official statement on the allegations.

“He is not under any obligation to speak to you,” he added.

Mr Oluwafikewa also refused to put our reporter across to the clergyman for a direct conversation.

More allegations

While Mr Alabi and the church have been silent on the scandal, more allegations have continued to trail the pastor.ADVERTISEMENT

A former student at OAU, via the form, alleged that Mr Alabi made sexual advances at her sometime in 2016 but she rebuffed him.

According to her narration, Mr Alabi asked for sex even while she was very ill.

“I remember this one time in OAU. This was ’15/16. I was sick, really sick-had a cold and cough. I remember telling Pastor Peter- (before now, he had been making advances, telling me to meet him in hotels or motels stating that he thought I was mature and he’d want to confide in me personal matters.

”After sometime, he started to call me, text me and say weird things about how he wanted me and what not. He’d make me delete the messages, remember showing these messages to a man in the church at the time. PP would say he liked me and I had a beautiful body and he’d like to be more than just my pastor).

”He said he would love to bring me something to eat and drink so I can feel better and also say a prayer for me. Sent him my address, and in minutes, he was by my door. A part of me knew I was making a mistake, a part of me just shrugged that thought and felt, ‘well, he’s my pastor after all. He won’t rape me in my home’.

”Lol pastor peter didn’t pray for me. The minute he got there, he asked who I kissed that gave me a cold. Said he’d like to kiss me but he was scared l’d infect him with my cold, and he’d like a blowjob instead. He says these things like he is entitled to them! The effrontery! I was beyond livid!

”There I was, sick, sniffing, coughing and this man wanted a blowjob. He tried to touch me, started to take off his pants and I asked him to stop. I was irritated. This man will make you believe what was going on was extremely normal and assure you no one is above sin. You should see him in his element, horny, all helpless because you won’t bow to his desires. He’s a completely different person when he gets this way. Scary even,” she wrote.

The anonymous accuser noted that her testimony can be corroborated by some members of the church.

Also, the receipts of chats between Mr Alabi and a female member released by Mr Badejo showed that Mr Alabi had made sexual advances at the lady, whose identity was not revealed.

From the dates, the chat began on Instagram in March 2020 and continued on WhatsApp till June 2020.

The amorous conversation between the pastor and the lady led to a meeting with the intention of having sex.

“Is it necessary to bring condoms?” the clergyman asked the lady in one of the chats.

The details of the meeting were not included in the post.

Premiumtimesng

Governor of Borno State, Babagana Zulum, has condemned the recent abduction of 30 travellers in the state and blamed the military for not doing enough to protect people in the state.

The governor flayed the army and the rapid response squad in the state comprising policemen, vigilantes and hunters for their failure to secure the Maiduguri-Damaturu Road, which has become a major axis for attacks and kidnappings.

The governor, during a visit to Jakana, one of the major towns along Maiduguri-Damaturu highway, on Monday, said it was disappointing that the majority of the attacks within the last two years, took place between Auno and Jakana, a distance of about 20 kilometres.

He noted these in a statement titled ‘Friday abductions: Zulum visits Jakana, furious over routine attacks on Maiduguri-Damaturu highway …Baffled with army’s failure to secure 20 kilometres’.

The statement quoted the governor as saying, “I have had occasions to defend the Nigerian military in order to boost the morale of commanders and their troops at the front lines because I know the true picture of things, however, I am really disappointed that despite all support from both the federal government and from us in Borno state, our military is failing to secure an area of 20 kilometres, which is the distance between Auno and Jakana.

“And incidentally, the majority of Boko Haram’s attacks along this Maiduguri-Damaturu-Kano Road, keeps happening between Auno and Jakana. So, if the military cannot secure 20 kilometres, how can they keep us with the hope they will defeat the Boko Haram?”

He continued, “With all you (journalists), we drove from Maiduguri to here, Jakana. We did not see soldiers on the road, we did not see even our own rapid response squad on this road and they were trained, employed, kitted, and paid to protect all Nigerians within their areas of operation and these Nigerians include travellers plying this busy and important road,” the governor noted.

He said there have been many attacks by insurgents along the Maiduguri-Damaturu Road in 2020 alone, including the one in February in which over 30 travellers were burnt to death.

Thenigerialawyer

Being text of a paper present by Jude Igbanoi Esq. at a training and session for members of the National Association of Judicial Correspondents (NAJUC), Ikeja Branch on December 17, 2020 at the Lagos State High Court Press Center, Ikeja Lagos

DEFINITIONS

What really is libel?

I have no doubt that we may have heard of and familiar with words like, libel, defamation, slander, sedition or criminal sedition, etc.

What it means?

• Libel refers to defamatory statement published in a permanent form.
• A defamatory statement is a statement which, if published about a person, is calculated to lower that person in the estimation of right thinking people in the society.
• Such statement or information that may make people shun or avoid, or expose him or her to hatred, contempt and ridicule.
• Words are therefore said to be defamatory if in their ordinary meaning they render the person about whom they are spoken to odium, shame and disgrace.

Essential ingredients needed to institute an action for libel:-

• Publication of the offending words and that it was in a permanent form, otherwise it is slander.
• That the words complained of refer to him.
• That the words are defamatory of him.
• Publication to third parties.
• Falsity or lack of accuracy of the words complained of.
• That there are no justifiable legal grounds for the publication of the words.
• That the defendant was the person who published the libel.

Note that:-

• The tort of libel is committed where the libel is read and not necessarily where it is published. Therefore legal action for libel can be instituted anywhere that publication is read.
• The fact that the matter had been previously published elsewhere is not a defence.

DEFENCES

Indeed, Section 22 of the Nigeria’s 1999 Constitution gave this specific assignment of serving as the watchdog of the society to the media. It provides ‘The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.’

Justification

Justification is asserting that the alleged libelous material is true. This is because the law is that where a person has no reputation to protect, he or she cannot succeed in an action in libel as the law will not permit a person to recover damages in respect of an injury to a character which he does not possess.

Qualified Privilege

A privileged occasion in relation to qualified privilege is an occasion where the person who makes a communication has an interest, a duty, legal, social or moral to make it to the person to whom it is made and the person to whom it is made has a corresponding interest or duty to receive it.

For instance, a statement made on a privileged occasion is not actionable in libel, in such instances; the court would dismiss the action.

Statements covered by plea of qualified privilege include:-

• Statements made in the discharge of a public or private duty;
• Statements made on a subject matter in which the defendant has a legitimate interest;
• Statements made by way of complaint about those with public authority or responsibility;
• Reports of parliamentary proceedings;
• Copies of extracts from public registers; and
• Reports of judicial proceedings.

Fair Comment

The defence of fair comment is established where the defendant is able to show that:-

• That the matter is of public interest.
• That the comment is founded or based on true facts, and,
• The comment on the fact is fair

WHAT CONSTITUTES SEDITION?

–    What is sedition?

–    Is criminal sedition still a valid law?

IMMUNITY CLAUSE IN CONSTITUTIONRELATED POSTS

Age is not the problem of political misrule in Nigeria, insincerity…

Perseverance and triumph in the face of human tragedies

Kankara abduction: Some unanswered questions ~ By Kazeem Olalekan…

* Effect of Section 308 of the 1999 Constitution of the Federal Republic of Nigeria.

* Effect of Fawehinmi Vs. Tinubu – Supreme Court 2002.

Cases – President Jonathan threatened to sue an online publication, Governor Donald Duke, Governor Jonah Jang, etc.

Section 308 provides:-

‘308. (1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section –

            (a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;

            (b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and

            (c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued:

            Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.

    (2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.

    (3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.’

NOT COMPULSION TO DISCLOSE SOURCE OF INFORMATION

Case law

– No compulsion to disclose source of information by journalists – case of Tunde Thompson and Nduka Irabor.

ONLINE PUBLICATIONS

• Can they be sued for libel?
• Case of Sahara Reporters Vs. NAFDAC DG – Dr. Abel Oriih, Okonjo Iweala Vs. Pointblank News for N10b.

CURRENT ISSUES IN LIBEL AND ATTITUDE OF NIGERIAN COURTS

• Pre-action notice.
• Even is a statement is true, an action in libel can still be maintained.
• Not a criminal matter – civil and only damages can be paid on successful litigation.\
• What happens when a plaintiff dies? – libel is an action in personam and it ceases and extinguishes when plaintiff or claimant dies. – Chief Debo Akande SAN Vs. Leaders & Co. Maj. Gen Musa Bamaiyi Vs Leaders.
• Libel by inference possible.

Principle of suing the deeper pocket

• Plaintiffs can be selective – Chief Emeka Ofor Vs. Leaders & Co.
• As defendant, you must appeal all the way to the Supreme Court.
• Your lawyer must push in all applications and processes to wear down the plaintiff in the process of defence.

Danger of apology and retraction

• It can weaken the paper, it can impugn on its credibility and the plaintiff can use it against you at trial.

Root Cause of libel

• Brown envelope syndrome is the root of all libel.
• When adverts are not vetted by lawyers, vetting is of absolute necessity.
• An advert of N700, 000 can end up in N2m legal fees and probably over N30m in damages.
• Story vetting – exercise caution.
• Retractions – exercise caution.

Thank you for listening.

Jude Igbanoi Esq. (08033028924); [email protected], [email protected]

Dana Air has allegedly discriminated against a passenger, Dr. Chike Okogwu by preventing him from boarding a scheduled flight because of his disability.

It was reported that Dana Air said there is a policy forbidding people with disabilities to board their flight with a wheelchair.

In a tweet by Dr. Chike on Sunday, he said it “is indeed the height of discrimination against persons with disabilities in Nigeria. I booked a 7:20 PM flight from Abuja-Lagos which was rescheduled to 9:05 PM. I got my boarding pass only for Dana Air to say a new policy forbids carrying us with a wheelchair”.

It’s turning bloody here in Abuja Airport. If we die, we die. I say no to discrimination of persons with Disabilities in Nig.

“It’s turning bloody here in Abuja Airport. If we die, we die. I say no to discrimination of persons with disabilities in Nigeria”, he added.

However, in order to contain the situation, the security personnel at the airport took Dr. Chike away to their office.

Meanwhile, in a statement he made at FAAN, Directorate of Aviation Security, he said he was disenchanted by the said discriminatory policy and “moved over to the Duty Manager who confirmed same that I cannot board their flight because it was the last night flight.”

Besides, he noted that it was Dana Air who rescheduled his flight and that he further offered to pay an additional fee to men “who would carry me on board as was the practice in all my years of flying DANA”.

Meanwhile, he added that all “entreaties fell on deaf ears” and that his ticket was a business ticket, of which he needed to keep a medical appointment in order to address health-related issues.

“I got enraged by their nonchalance and insensitivity and yes, damaged their counter”, he said, adding that he was peeved because his right was denied as enshrined in the Discrimination Against Persons With Disabilities (Prohibition) Act, 2019.

In a video made available to TheNigeriaLawyer, the counter was disorganized which possibly could have been as a result of the encounter between Dr. Chike and Dana staff.

thenigerialawyer

*Two others demoted

The Police Service Commission (PSC) has dismissed four senior police officers and demoted two others for alleged misconduct and acts unbecoming of public officers.

The commission’s Head of Press and Public Relations, Mr. Ikechukwu Ani, announced this yesterday in a statement in Abuja.

The statement said the commission would also reprimand four officers for various offences.

Ani said the decision was reached on Friday at the 10th plenary meeting of the commission, presided over by its Chairman, Alhaji Musiliu Smith, a former Inspector General of Police (IGP).

According to Ani, a Chief Superintendent of Police (CSP) was dismissed for discreditable conduct, dishonesty and acts unbecoming of a public officer. He said a Superintendent of Police (SP) was also dismissed for conspiring with four others to vandalise a transformer and stealing.

The spokesman said the commission had directed that the officer be prosecuted. Ani also said the two other officers dismissed were a Deputy Superintendent of Police (DSP) and an Assistant Superintendent of Police (ASP).

“The DSP was said to have led a team that intercepted three Mercedes Benz trucks conveying about 300,000 live cartridges believed to have been smuggled across the border from Benin Republic into Nigeria. They reportedly impounded the trucks at base for three days but made no entries or a situation report of the arrest.

“The DSP rather raised a fake letter purporting to escort the vehicles and suspects to Federal Special Anti-Robbery Squad (SARS), Lagos, with the dubious intention of ensuring their unlawful release,” he said.

According to him, luck ran out on the team when they were intercepted at a military checkpoint where soldiers on duty insisted on verifying the contents of the trucks.

Ani said the DSP and his team were said to have abandoned the trucks and fled.

The spokesman said the ASP was dismissed for misappropriation, action prejudicial to the security of the state, sabotage, dishonesty and acts unbecoming of a public officer.

He said the commission also approved the promotion of four Assistant Inspectors General of Police (AIG) to the substantive rank of Deputy Inspector General of Police (DIG) during the plenary meeting.

According to him, the new DIGs are expected to represent their geo-political zones in the Police Management Team.