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British don hails Dakuku Peterside’s book on strategic management in maritime sector

ABUJA – A British don, Professor Chris Bellamy, has commended a book on strategic management in the Nigerian maritime sector written by Dr. Dakuku Peterside, immediate past Director-General of NIMASA.

Bellamy, according to a statement made available to Sundiata Post, said the book, Strategic Turnaround is a definitive case of successful high-level change management and essential insight into the maritime sector of an emerging maritime power”. He further posits “Dr Dakuku Adol Peterside’s book,Strategic Turnaround, showcases the radical reform of the Nigerian Maritime Administration and Safety Agency (NIMASA), and the entire maritime sector in Nigeria by its leaders and key stakeholders”. 

The story of how strategic change was initiated, instigated,and successfully managed in the maritime sector in Nigeria has far-ranging relevance within the horn of Africa and beyond. This story is briefly and eloquently told inStrategic Turnaround.

Nigeria is the most populous country in Africa and the seventh most populous in the world with 206 million people in late 2019. Its maritime sector is highly significant: Nigeria has Africa’s largest economy and the 24th in the world, with a GDP estimated by the IMF at about $500 billion. Sometimes called the ‘Giant of Africa’ because of its large population and economy, it is one of the MINT countries named in 2011  – Mexico, Indonesia, Nigeria, and Turkey – having great potential and offering potential great returns on investment in the next decade. 

Nigeria’s maritime sector is of great importance, not only for indigenous transport but potentially globally. Oil is one of the critical cargoes. “Nigeria hopes to compete with the Philippines in provision of seafarers. However, it also faces challenges. It lies on the Gulf of Guinea, which in 2013 surpassed Somali-based piracy in the western Indian Ocean as the world hot-spot for piracy and armed robbery at sea” argues Professor Bellamy. 

Professor Bellamy, who had the opportunity to preview the yet-to-be-released book, has praises for the story style writing of serious leadership, management, and maritime concepts.

He praised the book for its straightforward narrative that makes it easy for every scholar to understand how Dakuku’s leadership team applied leadership and management principles to change the maritime industry in Nigeria.

Dr. Chris Bellamy is Professor Emeritus of Maritime Security at the University of Greenwich United Kingdom, a former Professor of Military Science and doctrine at Cranfield University, and Editor-in-Chief, International Journal of Maritime Crime and Security.

Arik Air Sacks 300 Staff

As the effects of the COVID-19 lockdown and the general downturn in the economy bite harder, Arik Air today terminated the appointment of 300 employees.

In a a statement signed by its spokesperson, Mr Banji Ola, Arik Air attributed the sack to the impact of the Coronavirus pandemic on the airline.

The statement reads “Arising from the devastating impact of the COVID-19 pandemic, leading to the constrained ability of the airline to complete heavy maintenance activities and return its planes to operations, stunted revenues against increasing operational costs, the management of Arik Air (in Receivership) has declared 300 staff members redundant to its current level of operations”.

The airline said the leadership of the impacted unions have been contacted to negotiate a redundancy package for the affected staff.

“It is important to note that over 50% of Arik Air’s workforce of over 1,600 staff have been on furlough in the past six months on a base allowance. Decisions to let go of staff is naturally a difficult decision. Arik Air wishes the impacted staff well in their future endeavours”, the statement added.

Xi celebrates China’s 8 years poverty alleviation exploit, lifting 100m

President Xi Jinping of China, and also the general secretary of the Communist Party of China (CPC) Central Committee, said on Thursday that China has accomplished its poverty alleviation target of the new era as scheduled and achieved a significant victory that impresses the world.

Through eight years of sustained work, China has lifted all rural poor population under the current standard out of poverty and nearly 100 million poor people have shaken off poverty.

Xi made the remarks while presiding over a meeting of the Standing Committee of the Political Bureau of the CPC Central Committee.

China has removed all poor counties from the poverty list, and eradicated absolute poverty and regional poverty, Xi said.

Since the 18th CPC National Congress, the CPC Central Committee has put poverty alleviation in a more prominent position, adopted significant measures with originality and speciality and fought the largest and most vigorous battle in human history against poverty, Xi said. 

XINHUANET

Buhari Is The Problem, Get Him Out – Aisha Yesufu Replies After Senate Calls For Removal Of Service Chiefs

Anti – SARS activist Aisha Yesufu criticizes President Muhammadu Buhari after

The Nigerian Senate has called for the removal of security chiefs and their replacement.

Aisha Yesufu has made it clear that President Muhammadu Buhari is Nigeria’s problem and not the security forces.

Aisha called on Nigerian senators to impeach President Muhammadu Buhari instead of impeachment of security chiefs.

Aisha Yesufu made the announcement on her Twitter account after Channels TV reported that senators had called on President Buhari to remove the security chiefs because they had failed.

According to her: “Buhari is the problem. Get him out”

Shortly after writing, a Twitter user responded to Aisha Yesufu’s remarks.

A Twitter user said the problem was not with the security forces, it was with the person who did not see the need to pass them and the problem was not with President Buhari.

Twitter User added that it was the people who needed President Buhari despite the fact that his actions were seen as the problem.

“But the reality at the time was that, whether it was Boko Haram or not, blood would be more than water, ” he said.

According to him; “D problem is not d Service Chiefs. It is d man wu doesn’t see deir nid 2go. And d problem is not d man himself. It is d ppl wu nids him regardless of wat he does. Now dey panic in deir own abode. But d fact is dat with him, Boko Haram or not, there will b more blood than water. “

Mrs Yesufu said Nigerian senators know how to do it as long as they are serious, but the most important thing is to remove President Buhari.

“Buhari is the main problem and not the security chiefs. Buhari is the one who should go home before the security officers, ” said Aisha Yesufu.

According to her saying; “Again, @NGRSenate has called on the service chiefs to be sacked. If they are serious they know what to do.

But more importantly, the main problem is @MBuhari not the service chiefs, the first who should go home!

Watch my take @ARISEtv Interview yesterday. “

After that, Aisha Yesufu refocused her attention on the attack on BBOG members by the Nigerian Police.

Mrs Yesufu said before we get angry until it comes to those who do not want to see riots and need to stop, we have no protection from what will happen to us, injustice to one person is like injustice to each of us.

“Many applauded when the Nigerian police attacked members of Bring Back Our Girls, ” said Aisha.

According to Yesufu: ” Until we are outraged when it happens to those we do not like and ensure it is stopped, we are not safe from it happening to us.

Injustice to one is injustice to all.

Many applauded when @PoliceNG attacked @BBOG_Nigeria members. “

Watch the ARISEtv Interview released by Aisha Yesufu.”

Coalition petitions Gov Ugwuanyi over gang-rape of 16yr old girl


A coalition of four Civil Society Organisations in Enugu State has appealed to Governor Ifeanyi Ugwuanyi to ensure justice for a 16-year-old girl, Goodness Pius, who was gang raped by five young men in the State.

The coalition are made of Civil Rights Realisation and Advancement Network (CRRAN), Rule of Law and Accountability Advocacy Centre (RULAAC), Parent-Child Intervention Center, and Center for the Victims of Extra-Judicial Killings and Torture (CVEKT AFRICA).

In a petition to the Governor, dated December 1, 2020, which was titled: “Justice for Goodness Pius; Re: ‘appeal for urgent intervention: gang rape of Goodness Pius and infliction of grevious bodily harm on her by Mr. Okwudili and four others,” and was made available to The PUNCH on Wednesday, the coalition said the crime was too grevious to be swept under the carpet.

The petition was signed by Olu Omotayo, President (CRRAN); Okechukwu Nwanguma, Executive Director (RULAAC); Peggy Chukwuemeka, Executive Director (Parent-Child Intervention Center); and Frank Agu, Director Southeast Operations (CVEKT AFRICA), respectively.

They said the appeal became necessary since the police have failed to arrest the suspects, and as Chief Security officer of the state it is incumbent on the governor to ensure justice for all the residents of the state.

The coalition described as disheartening that three weeks after the occurrence of this crime a petition was sent to the State Commissioner of Police, yet the command has refused to arrest the suspects.

While the coalition stated that gang-rape is an offence against the State, and the state should maintain at all times its’ sovereignty and integrity. “The fact that the victim comes from a poor family has been the reason of Police inaction over this matter but we submit that it is the duty of the government to protect all its’ citizens whether poor or rich”

The petition partly read: That Goodness is an apprentice to a petit fruits seller at Proda junction, Enugu. That one Mr. Okwudili also has a provision shop at the same Proda junction.

“On Friday, November 16, Mr. Okwudili was going out in the afternoon and handed his shop key to Goodness and asked her to help him look after his shop but he did not return till the close of work.

“Unable to wait further for Mr. Okwudili, Goodness gave the shop key to Okwudilis’ wife so that she could go home.

“That Monday, November 9, when Goodness got to work, Okwudili claimed that she stole phone recharge cards worth N50,000 only from his shop. Okwudili and his wife invited four secret cult boys who beat Goodness to stupor.

“That Mrs. Prisca Eze (Goodness’ elder sister) said Okwudili and the four cultists took Goodness to her residence and told her she stole phone recharge cards, and continued beating her in her presence. When she asked them to stop beating her sister, they pulled their guns and threatened her.

“After they took her away, she kept searching for her sister until about 5pm when she got Okwudili’s phone number and called him. He asked her to come to Otuku, Emene for her sister and when she got there, he took them to a farmland where he showed them Goodness lying unconscious in a pool of blood with injuries all over her body including her private part.”

The coalition, however, maintained that the case was too serious to be allowed to be swept under, adding that if the rapists were not punished, they would be emboldened to commit more heinous crimes.

247ureports

Court orders Maina’s remand in custody till end of trial

A Federal High Court in Abuja, on Friday, ordered that the former Chairman of the defunct Pension Reform Taskforce Team, Abulrasheed Maina, be taken into custody till end of trial.

Maina is answering to a 12-count money laundering charge preferred against him by the Economic and Financial Crimes Commission (EFCC).

His appearance in court on Friday was sequel to his arrest in Niger Republic and extraditiob to the country by the Interpol.

Maina had jumped bail since September 29 and refused to appear for continuation of his trial.

Following his arrest, the Economic and Financial Crimes Commission, EFCC, on Friday, produced him in court.

The anti-graft agency, through its lawyer, Mr Mohammed Abubakar, further applied that he should be remanded in custody of the Nigerian Correctional Service.

Mohammed reminded the court that Maina’s re-appearance was sequel to a bench warrant that was issued against him on November 18.

“We apply for the Defendant to be remanded in prison custody pending his trial, his earlier bail having been revoked,” the Prosecution added.

However, Maina’s new lawyer, Mr Adaji Abel, who said he was only briefed on Friday, opposed the application, even as he prayed the court for a short adjournment.

In a bench ruling, trial Justice Okon Abang said he was inclined to accommodate the new lawyer in the overall interest of justice.

The court however held that the Defendant should be remanded in custody since the bail that was earlier granted to him was revoked on November 18.

The case was subsequently adjourned to December 8 for continuation of hearing.

theconclaveng

Why You Should Refuse Plea Bargain.

Why You Should Refuse Plea Bargain.  Daily Law Tips (Tip 699) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

 Introduction: 

In Nigeria, a suspect/defendant is assumed to be innocent, until proven otherwise by his prosecutor. Where a person is suspected of any crime, the person is to be charged to court and prosecuted. It is the duty of a court to do justice by finding the defendant to be guilty or not guilty, based on evidence presented before the court. 

In some circumstances, a defendant may admit to a crime in order for the defendant to be issued a lesser punishment than he would have obtained, if the defendant had gone to full trial; this is Plea Bargain. While this legal abracadabra (magic) may appear harmless and attractive, there are serious reasons a suspect/defendant should avoid plea bargain. This work reveals reasons a suspect/defendant should avoid and refuse plea bargain from any law enforcement agency in Nigeria. 

Purpose of Plea Bargain: 

The highest court in Nigeria is the Supreme Court of Nigeria. There is no better place to obtain the definition or purpose of any legal invention, than from the Supreme Court f Nigeria. Hence, I will quote the words of the apex court on the purpose of Plea Bargain and I will add nothing more to it. 

“The main purpose of criminal trial is to ensure that a person, who has chosen to break any aspect of the criminal law, is not left to go scot free and for this reason, the prosecution has to establish the guilt of an accused person beyond reasonable doubt to pave the way for his punishment by law. The concept of plea bargain has in no way, derogated from the purpose or objective of criminal prosecution, given the fact that before an accused can benefit from the arrangement, the accused in question must plead guilty to some form of offence and, of course, be convicted for what he has pleaded guilty to.”

Rise In Plea Bargain:

Like most government incentives in Nigeria, plea bargain started as an exclusive backdoor for only wealthy persons or politically exposed persons in Nigeria. Plea Bargain is often perceived as the exclusive freedom backdoor for wealthy corrupt persons left open by a corrupt system, since it was employed rarely in non-financial crimes (not just in all financial crimes but financial crimes involving high figures and high-profile offenders).

Recently, there seems to be a rise in plea bargain, especially in the Economic and Financial Crimes Commission (EFCC). While many scholars argue the propriety of plea bargain, it is also argued that plea bargain saves time and resources that would have been spent on court trials. 

By the way, it is important that mention that plea bargain increases the number of convictions secured by EFCC. To the Judges, plea bargain reduces the busy court dockets and schedules. If judges are rated by the number of cases they complete within a given time, then plea bargain also aids judges to complete more cases timely. 

Realities of Plea Bargain:

Plea Bargain turns a suspect/defendant into a CONVICT without the process of a full court trial. If being a convict matters to a suspect/defendant, then plea bargain must be dreaded. While most suspects/defendants focus on immediate freedom through plea bargain, plea bargain marks such persons with the limiting status of a convict. 

In some circumstances where there is sufficient evidence against a suspect/defendant, and such a suspect/defendant has no good defence, plea bargain may be an option. Where a suspect/defendant is innocent, such a person should ensure that full court trial is employed, for at the end, justice must prevail. Although plea bargain saves a suspect/defendant, from the long agonizing and expensive years of court trials, it is not an option for innocent suspects/defendants.

The practice of cajoling suspects/defendants to accept plea bargain even where there is no sufficient evidence against such persons, is highly unprofessional and must be discouraged by all law enforcement agencies. Innocent suspects/defendants must be encouraged to stand up for full trial even where there may spend time in Correctional Centers (Prisons), instead of bowing to plea bargain as a shortcut to freedom.

Conclusion and Recommendation: 

Plea bargain is part of criminal procedures and clearly provided for by several laws, including the innovative Administration of Criminal Justice Law of Lagos State, Economic and Financial Crimes Commission Act and the Administration of Criminal Justice Act, 2015. However, plea bargain is not a settlement out of court. It is not a scheme whereby suspects and defendants are forgiven of their crimes by merely returning the stolen items or paying fines. 

Plea bargain is rather a legal process where a defendant admits to having committed all or parts of the crimes he/she is charged with and by this the person will be convicted by a court, where the court accepts the plea bargain. Plea Bargain cannot be approved by any law enforcement agency or agent, rather it is only a court of law that can after listening to a prosecutor and a defendant, accept or reject a plea bargain. So, for there to be a plea bargain, a suspect must be brought to court and charges read out to the suspect (now a defendant) for the defendant to accept or deny them (arraignment). 

The part that plea bargain turns a defendant to a convict is often not advertised and made pronounced to defendants who seek plea bargain. Those who have no problem in being convicts and ex-convicts without a legal fight, should embrace plea bargain. Let the innocent and persons that wish to put up a legal fight, say no to plea bargain. 

Prosecution (proving of crimes against a defendant) is the duty of law enforcement agencies, let them do their job. If a law enforcement agency has enough/sufficient evidence, let it prosecute, after all, it is illegal to offer plea bargain where there is sufficient evidence for the prosecution of a defendant

By the way, a defendant should never accept plea bargain without contacting a lawyer of his choice (lawyers provided by law enforcement agencies are often not suitable for this). It is the right of a suspect/defendant to talk, meet, engage and use ONLY lawyers of his own choice and not any lawyer provided by any law enforcement agency or listed by any law enforcement agency. 

My authorities, are:

  1. Sections 1, 2, 3, 36, 318 and 319 of the Constitution of Federal Republic of Nigeria, 1999.
  2. Sections 270, 494 and 495 of the Administration of Criminal Justice Act 2015 and its equivalent in states across Nigeria.
  3. Sections 1, 2, 6, 7, 46 and 47 of the Economic and Financial Crimes Commission (Establishment) Act 2004. <https://www.imolin.org/imolin/amlid/data/nir/document/economic_&_financial_crimes_commission__establishment__act_2004.html> accessed 29 August 2020.
  4. The Supreme Court’s judgement on “Purpose of Criminal trial and the nature and scope of Plea Bargain” in the case of PML (SECURITIES) CO. LTD v. FRN (2018) LPELR-47993(SC).
  5. Onyekachi Umah, “What Is Plea Bargain, If Criminal Cases Cannot Be Settled Out Of Court?” (LearnNigerianLaws.com, 10 July 2020) <https://learnnigerianlaws.com/what-is-plea-bargain-if-criminal-cases-cannot-be-settled-out-of-court-daily-law-tips-tip-606-by-onyekachi-umah-esq-ll-m-aciarbuk/> accessed 17 November 2020. 
  6. Hanibal Goitom, “Plea Bargining: Nigeria” (Library of Congress, 2019) <https://www.loc.gov/law/help/plea-bargaining/nigeria.php> accessed 29 August 2020, citing Ikechukwu Nnochiri, CJN Abolishes Plea Bargain, Vanguard (Nov. 16, 2011), https://perma.cc/C3TS-VMHV.
  7. The Stolen Assets Recovery Initiative, “ECONOMIC & FINANCIAL CRIMES COMMISSION, EFCC ON-GOING HIGH PROFILE CASES – 2007- 2010” (SARI) <https://star.worldbank.org/corruption-cases/sites/corruption-cases/files/documents/arw/Ibori_Nigeria_EFCC_High_Profile_Cases.pdf> accessed 29 August 2020.
  8. Onyekachi Umah, “The Minimum Financial Threshold for EFCC Cases.” (LearnNigerianLaws.com, 1 September 2020) <https://learnnigerianlaws.com/the-minimum-financial-threshold-for-efcc-cases/ > accessed 17 November 2020

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What the police really believe

Inside the distinctive, largely unknown ideology of American policing — and how it justifies racist violence.

Arthur Rizer is a former police officer and 21-year veteran of the US Army, where he served as a military policeman. Today, he heads the criminal justice program at the R Street Institute, a center-right think tank in DC. And he wants you to know that American policing is even more broken than you think.

“That whole thing about the bad apple? I hate when people say that,” Rizer tells me. “The bad apple rots the barrel. And until we do something about the rotten barrel, it doesn’t matter how many good fucking apples you put in.”

To illustrate the problem, Rizer tells a story about a time he observed a patrol by some officers in Montgomery, Alabama. They were called in to deal with a woman they knew had mental illness; she was flailing around and had cut someone with a broken plant pick. To subdue her, one of the officers body-slammed her against a door. Hard.

Rizer recalls that Montgomery officers were nervous about being watched during such a violent arrest — until they found out he had once been a cop. They didn’t actually have any problem with what one of them had just done to the woman; in fact, they started laughing about it.

“It’s one thing to use force and violence to affect an arrest. It’s another thing to find it funny,” he tells me. “It’s just pervasive throughout policing. When I was a police officer and doing these kind of ride-alongs [as a researcher],you see the underbelly of it. And it’s … gross.”


America’s epidemic of police violence is not limited to what’s on the news. For every high-profile story of a police officer killing an unarmed Black person or tear-gassing peaceful protesters, there are many, many allegations of police misconduct you don’t hear about — abuses ranging from excessive use of force to mistreatment of prisoners to planting evidence. African Americans are arrested and roughed up by cops at wildly disproportionate rates, relative to both their overall share of the population and the percentage of crimes they commit.

Something about the way police relate to the communities they’re tasked with protecting has gone wrong. Officers aren’t just regularly treating people badly; a deep dive into the motivations and beliefs of police reveals that too many believe they are justified in doing so.

To understand how the police think about themselves and their job, I interviewed more than a dozen former officers and experts on policing. These sources, ranging from conservatives to police abolitionists, painted a deeply disturbing picture of the internal culture of policing.

Police officers confront protesters in front of City Hall in New York City on July 1.

Police officers across America have adopted a set of beliefs about their work and its role in our society. The tenets of police ideology are not codified or written down, but are nonetheless widely shared in departments around the country.

The ideology holds that the world is a profoundly dangerous place: Officers are conditioned to see themselves as constantly in danger and that the only way to guarantee survival is to dominate the citizens they’re supposed to protect. The police believe they’re alone in this fight; police ideology holds that officers are under siege by criminals and are not understood or respected by the broader citizenry. These beliefs, combined with widely held racial stereotypes, push officers toward violent and racist behavior during intense and stressful street interactions.

In that sense, police ideology can help us understand the persistence of officer-involved shootings and the recent brutal suppression of peaceful protests. In a culture where Black people are stereotyped as more threatening, Black communities are terrorized by aggressive policing, with officers acting less like community protectors and more like an occupying army.

The beliefs that define police ideology are neither universally shared among officers nor evenly distributed across departments. There are more than 600,000 local police officers across the country and more than 12,000 local police agencies. The officer corps has gotten more diverse over the years, with women, people of color, and LGBTQ officers making up a growing share of the profession. Speaking about such a group in blanket terms would do a disservice to the many officers who try to serve with care and kindness.

However, the officer corps remains overwhelmingly white, male, and straight. Federal Election Commission data from the 2020 cycle suggests that police heavily favor Republicans. And it is indisputable that there are commonly held beliefs among officers.

“The fact that not every department is the same doesn’t undermine the point that there are common factors that people can reasonably identify as a police culture,” says Tracey Meares, the founding director of Yale University’s Justice Collaboratory.

The danger imperative

In 1998, Georgia sheriff’s deputy Kyle Dinkheller pulled over a middle-aged white man named Andrew Howard Brannan for speeding. Brannan, a Vietnam veteran with PTSD, refused to comply with Dinkheller’s instructions. He got out of the car and started dancing in the middle of the road, singing “Here I am, shoot me” over and over again.

In the encounter, recorded by the deputy’s dashcam, things then escalate: Brannan charges at Dinkheller; Dinkheller tells him to “get back.” Brannan heads back to the car — only to reemerge with a rifle pointed at Dinkheller. The officer fires first, and misses; Brannan shoots back. In the ensuing firefight, both men are wounded, but Dinkheller far more severely. It ends with Brannan standing over Dinkheller, pointing the rifle at the deputy’s eye. He yells — “Die, fucker!” — and pulls the trigger.

The dashcam footage of Dinkheller’s killing, widely known among cops as the “Dinkheller video,” is burned into the minds of many American police officers. It is screened in police academies around the country; one training turns it into a video game-style simulation in which officers can change the ending by killing Brannan. Jeronimo Yanez, the officer who killed Philando Castile during a 2016 traffic stop, was shown the Dinkheller video during his training.

“Every cop knows the name ‘Dinkheller’ — and no one else does,” says Peter Moskos, a former Baltimore police officer who currently teaches at the John Jay College of Criminal Justice.

The purpose of the Dinkheller video, and many others like it shown at police academies, is to teach officers that any situation could escalate to violence. Cop killers lurk around every corner.

It’s true that policing is a relatively dangerous job. But contrary to the impression the Dinkheller video might give trainees, murders of police are not the omnipresent threat they are made out to be. The number of police killings across the country has been falling for decades; there’s been a 90 percent drop in ambush killings of officers since 1970. According to Bureau of Labor Statistics data, about 13 per 100,000 police officers died on the job in 2017. Compare that to farmers (24 deaths per 100,000), truck drivers (26.9 per 100,000), and trash collectors (34.9 per 100,000). But police academies and field training officers hammer home the risk of violent death to officers again and again.

It’s not just training and socialization, though: The very nature of the job reinforces the sense of fear and threat. Law enforcement isn’t called to people’s homes and streets when things are going well. Officers constantly find themselves thrown into situations where a seemingly normal interaction has gone haywire — a marital argument devolving into domestic violence, for example.

“For them, any scene can turn into a potential danger,” says Eugene Paoline III, a criminologist at the University of Central Florida. “They’re taught, through their experiences, that very routine events can go bad.”

Michael Sierra-Arévalo, a professor at UT-Austin, calls the police obsession with violent death “the danger imperative.” After conducting 1,000 hours of fieldwork and interviews with 94 police officers, he found that the risk of violent death occupies an extraordinary amount of mental space for many officers — far more so than it should, given the objective risks.

Here’s what I mean: According to the past 20 years of FBI data on officer fatalities, 1,001 officers have been killed by firearms while 760 have died in car crashes. For this reason, police officers are, like the rest of us, required to wear seat belts at all times.

In reality, many choose not to wear them even when speeding through city streets. Sierra-Arévalo rode along with one police officer, whom he calls officer Doyle, during a car chase where Doyle was going around 100 miles per hour — and still not wearing a seat belt. Sierra-Arévalo asked him why he did things like this. Here’s what Doyle said:

There’s times where I’ll be driving and the next thing you know I’ll be like, ‘Oh shit, that dude’s got a fucking gun!’ I’ll stop [mimics tires screeching], try to get out — fuck. Stuck on the seat belt … I’d rather just be able to jump out on people, you know. If I have to, be able to jump out of this deathtrap of a car.

Despite the fact that fatal car accidents are a risk for police, officers like Doyle prioritize their ability to respond to one specific shooting scenario over the clear and consistent benefits of wearing a seat belt.

“Knowing officers consistently claim safety is their primary concern, multiple drivers not wearing a seatbelt and speeding towards the same call should be interpreted as an unacceptable danger; it is not,” Sierra-Arévalo writes. “The danger imperative — the preoccupation with violence and the provision of officer safety — contributes to officer behaviors that, though perceived as keeping them safe, in fact put them in great physical danger.”

This outsized attention to violence doesn’t just make officers a threat to themselves. It’s also part of what makes them a threat to citizens.

Because officers are hyper-attuned to the risks of attacks, they tend to believe that they must always be prepared to use force against them — sometimes even disproportionate force. Many officers believe that, if they are humiliated or undermined by a civilian, that civilian might be more willing to physically threaten them.

Scholars of policing call this concept “maintaining the edge,” and it’s a vital reason why officers seem so willing to employ force that appears obviously excessive when captured by body cams and cellphones.

“To let down that edge is perceived as inviting chaos, and thus danger,” Moskos says.

This mindset helps explain why so many instances of police violence — like George Floyd’s killing by officer Derek Chauvin in Minneapolis — happen during struggles related to arrest.

In these situations, the officers aren’t always threatened with a deadly weapon: Floyd, for example, was unarmed. But when the officer decides the suspect is disrespecting them or resisting their commands, they feel the need to use force to reestablish the edge.

A siege mentality

Police officers today tend to see themselves as engaged in a lonely, armed struggle against the criminal element. They are judged by their effectiveness at that task, measured by internal data such as arrest numbers and crime rates in the areas they patrol. Officers believe these efforts are underappreciated by the general public; according to a 2017 Pew report, 86 percent of police believe the public doesn’t really understand the “risks and challenges” involved in their job.

Rizer, the former officer and R Street researcher, recently conducted a separate large-scale survey of American police officers. One of the questions he asked was whether they would want their children to become police officers. A majority, around 60 percent, said no — for reasons that, in Rizer’s words, “blew me away.”

“The vast majority of people that said ‘no, I don’t want them to become a police officer’ was because they felt like the public no longer supported them — and that they were ‘at war’ with the public,” he tells me. “There’s a ‘me versus them’ kind of worldview, that we’re not part of this community that we’re patrolling.”

You can see this mentality on display in the widespread police adoption of an emblem called the “thin blue line.” In one version of the symbol, two black rectangles are separated by a dark blue horizontal line. The rectangles represent the public and criminals, respectively; the blue line separating them is the police.

In another, the blue line replaces the central white stripe in a black-and-white American flag, separating the stars from the stripes below. During the recent anti-police violence protests in Cincinnati, Ohio, officers raised this modified banner outside their station.

A demonstrator holds a “thin blue line” flag and a sign in support of police during a protest outside the governor’s mansion in St. Paul, Minnesota, on June 27.

In the “thin blue line” mindset, loyalty to the badge is paramount; reporting excessive force or the use of racial slurs by a colleague is an act of treason. This emphasis on loyalty can create conditions for abuses, even systematic ones, to take place: Officers at one station in Chicago, Illinois, tortured at least 125 Black suspects between 1972 and 1991. These crimes were uncovered by the dogged work of an investigative journalist rather than a police whistleblower.

“Officers, when they get wind that something might be wrong, either participate init themselves when they’re commanded to — or they actively ignore it, find ways to look the other way,” says Laurence Ralph, a Princeton professor and the author of The Torture Letters, a recent book on the abuses in Chicago.

This insularity and siege mentality is not universal among American police. Worldviews vary from person to person and department to department; many officers are decent people who work hard to get to know citizens and address their concerns.

But it is powerful enough, experts say, to distort departments across the country. It has seriously undermined some recent efforts to reorient the police toward working more closely with local communities, generally pushing departments away from deep engagement with citizens and toward a more militarized and aggressive model.

“The police have been in the midst of an epic ideological battle. It’s been taking place ever since the supposed community policing revolution started back in the 1980s,” says Peter Kraska, a professor at Eastern Kentucky University’s School of Justice Studies. “In the last 10 to 15 years, the more toxic elements have been far more influential.”

Since the George Floyd protests began, police have tear-gassed protesters in 100 different US cities. This is not an accident or the result of behaviors by a few bad apples. Instead, it reflects the fact that officers see themselves as at war — and the protesters as the enemies.

2017 study by Heidi Reynolds-Stenson, a sociologist at Colorado State University-Pueblo, examined data on 7,000 protests from 1960 to 1995. She found that “police are much more likely to try to quell protests that criticize police conduct.”

“Recent scholarship argues that, over the last twenty years, protest policing [has gotten] more aggressive and less impartial,” Reynolds-Stenson concludes. “The pattern of disproportionate repression of police brutality protests found in this study may be even more pronounced today.”

There’s a reason that, after New York Police Department Lt. Robert Cattani kneeled alongside Black Lives Matter protesters on May 31, he sent an email to his precinct apologizing for the “horrible decision to give into a crowd of protesters’ demands.” In his mind, the decision to work with the crowd amounted to collaboration with the enemy.

“The cop in me,” Cattani wrote, “wants to kick my own ass.”

Anti-Blackness

Policing in the United States has always been bound up with the color line. In the South, police departments emerged out of 18th century slave patrols — bands of men working to discipline slaves, facilitate their transfer between plantations, and catch runaways. In the North, professional police departments came about as a response to a series of mid-19th century urban upheavals — many of which, like the 1834 New York anti-abolition riot, had their origins in racial strife.

While policing has changed dramatically since then, there’s clear evidence of continued structural racism in American policing. The Washington Post’s Radley Balko has compiled an extensive list of academic studies documenting this fact, covering everything from traffic stops to use of deadly force. Research has confirmed that this is a nationwide problem, involving a significant percentage of officers.

When talking about race in policing and the way it relates to police ideology, there are two related phenomena to think about.

The first is overt racism. In some police departments, the culture permits a minority of racists on the force to commit brutal acts of racial violence with impunity.

Examples of explicit racism abound in police officer conduct. The following three incidents were reported in the past month alone:

  • In leaked audio, Wilmington, North Carolina, officer Kevin Piner said, “we are just going to go out and start slaughtering [Blacks],” adding that he “can’t wait” for a new civil war so whites could “wipe them off the fucking map.” Piner was dismissed from the force, as were two other officers involved in the conversation.
  • Joey Lawn, a 10-year veteran of the Meridian, Mississippi, force, was fired for using an unspecified racial slur against a Black colleague during a 2018 exercise. Lawn’s boss, John Griffith, was demoted from captain to lieutenant for failing to punish Lawn at the time.
  • Four officers in San Jose, California, were put on administrative leave amid an investigation into their membership in a secret Facebook group. In a public post, officer Mark Pimentel wrote that “black lives don’t really matter”; in another private one, retired officer Michael Nagel wrote about female Muslim prisoners: “i say we repurpose the hijabs into nooses.”

In all of these cases, superiors punished officers for their offensive comments and actions — but only after they came to light. It’s safe to say a lot more go unreported.

Last April, a human resources manager in San Francisco’s city government quit after spending two years conducting anti-bias training for the city’s police force. In an exit email sent to his boss and the city’s police chief, he wrote that “the degree of anti-black sentiment throughout SFPD is extreme,” adding that “while there are some at SFPD who possess somewhat of a balanced view of racism and anti-blackness, there are an equal number (if not more) — who possess and exude deeply rooted anti-black sentiments.”

Psychological research suggests that white officers are disproportionately likely to demonstrate a personality trait called “social dominance orientation.” Individuals with high levels of this trait tend to believe that existing social hierarchies are not only necessary, but morally justified — that inequalities reflect the way that things actually should be. The concept was originally formulated in the 1990s as a way of explaining why some people are more likely to accept what a group of researchers termed “ideologies that promote or maintain group inequality,” including “the ideology of anti-Black racism.”

A demonstrator walks past a mural for George Floyd during a protest near the White House in Washington, DC, on June 4.

This helps us understand why some officers are more likely to use force against Black suspects, even unarmed ones. Phillip Atiba Goff, a psychologist at John Jay and the CEO of the Center for Policing Equity think tank, has done forthcoming research on the distribution of social dominance orientation among officers in three different cities. Goff and his co-authors found that white officers who score very highly in this trait tend to use force more frequently than those who don’t.

“If you think the social hierarchy is good, then maybe you’re more willing to use violence from the state’s perspective to enforce that hierarchy — and you think that’s your job,” he tells me.

But while the problem of overt racism and explicit commitment to racial hierarchy is a serious one, it’s not necessarily the central problem in modern policing.

The second manifestation of anti-Blackness is more subtle. The very nature of policing, in which officers perform a dizzying array of stressful tasks for long hours, brings out the worst in people. The psychological stressors combine with police ideology and widespread cultural stereotypes to push officers, even ones who don’t hold overtly racist beliefs, to treat Black people as more suspect and more dangerous. It’s not just the officers who are the problem; it’s the society they come from, and the things that society asks them to do.

While overt racists may be overrepresented on police forces, the average white officer’s beliefs are not all that different from those of the average white person in their local community. According to Goff, tests of racial bias reveal somewhat higher rates of prejudice among officers than the general population, but the effect size tends to be swamped by demographic and regional effects.

“If you live in a racist city, that’s going to matter more for how racist your law enforcement is … than looking at the difference between law enforcement and your neighbors,” he told me.

In this sense, the rising diversity of America’s officer corps should make a real difference. If you draw from a demographically different pool of recruits, one with overall lower levels of racial bias, then there should be less of a problem with racism on the force.

There’s some data to back this up. Pew’s 2017 survey of officers found that Black officers and female officers were considerably more sympathetic to anti-police brutality protesters than white ones. A 2016 paper on officer-involved killings of Black people, from Yale’s Joscha Legewie and Columbia’s Jeffrey Fagan, found that departments with a larger percentage of Black officers had lower rates of killings of Black people.

But scholars caution that diversity will not, on its own, solve policing’s problems. In Pew’s survey, 60 percent of Hispanic and white officers said their departments had “excellent” or “good” relations with the local Black community, while only 32 percent of Black officers said the same. The hierarchy of policing remains extremely white — across cities, departmental brass and police unions tend to be disproportionately white relative to the rank-and-file. And the existing culture in many departments pushes nonwhite officers to try and fit in with what’s been established by the white hierarchy.

“We have seen that officers of color actually face increased pressure to fit into the existing culture of policing and may go out of their way to align themselves with traditional police tactics,” says Shannon Portillo, a scholar of bureaucratic culture at the University of Kansas-Edwards.

There’s a deeper problem than mere representation. The very nature of policing, both police ideology and the nuts-and-bolts nature of the job, can bring out the worst in people — especially when it comes to deep-seated racial prejudices and stereotypes.

The intersection of commonly held stereotypes with police ideology can prime officers for abusive behavior, especially when they’re patrolling majority-Black neighborhoods where residents have long-standing grievances against the cops. Some kind of incident with a Black citizen is certain to set off a confrontation; officers will eventually feel the need to escalate well beyond what seems necessary or even acceptable from the outside to protect themselves.

“The drug dealer — if he says ‘fuck you’ one day, it’s like getting punked on the playground. You have to go through that every day,” says Moskos, the former Baltimore officer. “You’re not allowed to get punked as a cop, not just because of your ego but because of the danger of it.”

The problems with ideology and prejudice are dramatically intensified by the demanding nature of the policing profession. Officers work a difficult job for long hours, called upon to handle responsibilities ranging from mental health intervention to spousal dispute resolution. While on shift, they are constantly anxious, searching for the next threat or potential arrest.

Stress gets to them even off the job; PTSD and marital strife are common problems. It’s a kind of negative feedback loop: The job makes them stressed and nervous, which damages their mental health and personal relationships, which raises their overall level of stress and makes the job even more taxing.

According to Goff, it’s hard to overstate how much more likely people are to be racist under these circumstances. When you put people under stress, they tend to make snap judgments rooted in their basic instincts. For police officers, raised in a racist society and socialized in a violent work atmosphere, that makes racist behavior inevitable.

“The mission and practice of policing is not aligned with what we know about how to keep people from acting on the kinds of implicit biases and mental shortcuts,” he says. “You could design a job where that’s not how it works. We have not chosen to do that for policing.”


Across the United States, we have created a system that makes disproportionate police targeting of Black citizens an inevitability. Officers don’t need to be especially racist as compared to the general population for discrimination to recur over and over; it’s the nature of the police profession, the beliefs that permeate it, and the situations in which officers find themselves that lead them to act in racist ways.

This reality helps us understand why the current protests have been so forceful: they are an expression of long-held rage against an institution that Black communities experience less as a protection force and more as a sort of military occupation.

Police officers often represent more of a military occupation than a protection force for Black communities.

In one landmark project, a team including Yale’s Meares and Hopkins’s Vesla Weaver facilitated more than 850 conversations about policing among residents of six different cities, finding a pervasive sense of police lawlessness among residents of highly policed Black communities.

Residents believe that police see them as subhuman or animal, that interactions with officers invariably end with arrests and/or physical assaults, and that the Constitution’s protections against police abuse don’t apply to Black people.

“[It’s often said that] if you don’t have anything on you, just agree to a search and everything will be okay. Let me tell you, that’s not what happens,” Weaver tells me, summarizing the beliefs of her research subjects. “What actually happens is that you’re bound to get beat up, you’re bound to get dragged to the station. The police can search you for whatever. We don’t get due process, we don’t get restitution — this is what we live by.”

Police don’t treat whole communities like this because they’re born worse or more evil than civilians. It’s better to understand the majority of officers as ordinary Americans who are thrown into a system that conditions them to be violent and to treat Black people, in particular, as the enemy. While some departments are better than others at ameliorating this problem, there’s not a city in the country that appears to have solved it entirely.

Rizer summarizes the problem by telling me about one new officer’s experience in Baltimore.

“This was a great young man,” Rizer says. “He joined the Baltimore Police Department because he wanted to make a difference.”

Six months after this man graduated from the academy, Rizer checked in on him to see how he was doing. It wasn’t good.

“They’re animals. All of them,” Rizer recalls the young officer telling him. “The cops, the people I patrol, everybody. They’re just fucking animals.”

This man was, in Rizer’s mind, “the embodiment of what a good police officer should have been.” Some time after their conversation, he quit the force — pushed out by a system that takes people in and breaks them, on both sides of the law.

VOX

8 New Things About Rape Laws In Nigeria

Daily Law Tips (Tip 708) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:
“Between January and May (2020), more than 700 rape cases were reported in Nigeria.” “Findings from a National Survey carried out in 2014 on Violence Against Children in Nigeria confirmed one in four females reported experiencing sexual violence in childhood with approximately 70% reporting more than one incident of sexual violence. In the same study, it was found that 24.8% of females’ ages 18 to 24 years experienced sexual abuse prior to age 18 of which 5.0% sought help, with only 3.5% receiving any services”. This work highlights the innovations made on rape by the Violence Against Persons (Prohibition) Act and similar laws in states across Nigeria.
Ending The Surge In Rape:
The title of a research work got my attention recently, and that title says a lot about rape in Nigeria. The title is “Rape in Nigeria: a silent epidemic among adolescents with implications for HIV infection” and the works was done by Folayan MO1, Odetoyinbo M2, Harrison A3, Brown B4. Clearly there is an urgent need for rape to be discouraged in Nigeria, victims to be treated and protected, while offenders are severely punished. In June 2020, Nigeria declared a state of emergency on rape and sexual violence in all parts of Nigeria.

So, far some legislative innovations seem to have made the offence of rape more serious than it has ever been in Nigeria. This is seen by the introduction of the Violence Against Persons (Prohibition) Act 2015 (popularly known as the “VAPP Act”), made by the National Assembly for only the Federal Capital Territory, Abuja. The inventions in the VAPP Act has lured many states in Nigeria to enact their own VAPP Laws. The inventions of the VAPP Act on the offence of rape will be shown below. Also, the Kaduna State legislature, went ahead of all other states in Nigeria, to propose a bill that will punish child rapists with castration of their male reproductive organs. Note that, the Governor of Kaduna State has not signed the bill into law and as such the bill is not yet a law.

Legislative Inventions To Discourage Rape:
Through the provisions of the VAPP Act in Abuja and the VAPP Laws in some states in Nigeria, there are several positive changes in the definition, punishment and entire scope of rape and other sexual offences. The inventions on rape will be listed below:

1. Enlargement of the definition of rape to cover both sexes and removal of the barrier that a spouse (husband/wife) cannot be said to have raped the other spouse (husband/wife).
2. Any human being (male or female) can be a rape offender or rape victim.
3. Expansion of acts that constitute rape. Any sexual violation into any opening in a human body is now rape. This transformed some acts that were previously mere sexual assaults to rape; like anal sex, oral sex, fingering and even kissing.
4. Increase of the punishment for rape. Unlike in any other law in Nigeria, the VAPP Act and laws have created a minimum punishment of 12 years for rapist. By this, there is a removal discretion from the courts (judges and magistrates) as to the minimum punishment that a rapist may receive. Other criminal laws (the Penal Code and the Criminal Code) all have life imprisonment as the highest punishment for rape but without a minimum. So, this allowed judges and magistrates to sentence offenders to very short terms of imprionment, like 5 years or even 3 years for rape. The VAPP Act like in other criminal laws, it retained the maximum punishment of death, but where the offender is less than 14 years the maximum punishment is 14 years.
5. Expansion of the types of objects that can be used to rape as well as the parts of the body that can be raped. Now, a penis or any object (including stick and fingers) can be tools for rape. Openings in the human body are now points that are “rape-able”, like vagina, mouth, anus and others.
6. Gang Rape has been considered and it is punishable with 20 years imprisonments for each participating-rapist.
7. Rape victims can now be financially compensated and a court can order for such compensation. The compensation does not affect/reduce the imprisonments and punishment of an offender.
8. Now there is a Register for sex offenders. With this, any person (including employers) can search through such registers before engaging persons to manage children and other soft targets of rape.

Conclusion and Recommendation:
Man is naturally greedy and selfish. Rape is almost identical to stealing and like any other offence, until there is a strong law and system, there will continue to be a rise. Most human beings are not lawful because they wish to be, but because the society demands for it.

Government is the big man that every other person has donated his/her powers to, in expectation of safety, provision, protection, welfare and all other good things of life. So, government must ensure there are dependable laws and institutions to discourage rape, punish rapists, protect and care for rape victims as well as prevent rape. We cannot wish away rape or pray out rape, we can only fight rape out! The VAPP Act is a good step and all states should enact such laws, immediately.

My authorities, are:
1. Sections 1, 2, 3, 4, 5, 6, 34, 35 and 36 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 13, 18, 82 and 83 of the Trafficking In Persons (Prohibition) Enforcement and Administration Act, 2015.
4. Sections 1, 6, 221, 218, 219, 222A, 353, 357, 358, 360, 361, 362 and 363 of Criminal Code Act, 1916.
5. Sections 218, 268, 272, 275, 281, 282, 283 and 285 of the Penal Code Act, 1960.
6. The Supreme Court’s judgment in the case (on how to prove rape) of NDEWENU POSU & ANOR v. THE STATE (2011) LPELR-1969(SC).
7. 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
8. 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
9. 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
10. 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.
11. Warif Center, “Rape Stats In Nigeria” (warifng) <https://warifng.org/rape-stats-in-nigeria/> accessed 2 December 2020
12. 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
13. 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
14. 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
15. 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
16. 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.
17. 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
18. 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
19. 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.
20. 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
21. 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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CACOVID, TETFUND and revitalisation of universities; By Isaac N. Obasi

One is wondering if the private sector Coalition Against COVID-19 (CACOVID) and the Tertiary Education Trust Fund (TETFUND) are the long awaited game changers that can collaboratively intervene to break the lingering and needless cycle of conflict between the Federal Government of Nigeria and the Academic Staff Union of Universities (ASUU). This cycle of conflict has made strikes by members of ASUU, the defining characteristics of university education in Nigeria. No student for example, will graduate from our public university without complaining that ASUU strikes elongated his or her stay in the university. This is how bad the situation has become for a couple of decades now. The fight by the two elephants (FG & ASUU) has greatly inflicted incalculable damage to the grass (students) that has been serving as the battle ground. This is in addition to the endless woes that most parents have been facing in order to meet the financial needs of training of their children as a result of the socio-economic condition of the country.

Nigeria has been a nation of paradox for too long. Poverty for example has continued to exist in midst of plenty for many decades now. Again, there is a statement that ‘Nigeria has everything and yet lacks everything’. This paradoxical statement was actually made over a decade ago by a white missionary gentleman in the university-town of Nsukka, Enugu State. 

There is also this well-known saying that there is ‘water-water everywhere but none to drink’, just like what exists in the Niger Delta region of the country for example, and even in many other parts of the country. The paradox about Nigeria is countless for as Fela Anikulapo Kuti would say, Nigeria is a country where people are ‘suffering and smiling’, perhaps we add, at the same time.  

Nigeria’s paradoxical facts exist equally in our higher education sector (particularly in the university sub-sector) whose value and relevance are fast vanishing like the morning mist, in spite of the abundant human resource talents in the system. There was a time when our first generation (and even the second and third generation) universities, were of high quality, and consequently respected by key actors in the international higher education system. But now the story is different as Nigerian universities have become shadow of their past and almost becoming a ‘pariah’ in the global higher education system. There are now strikes in almost every session with no learning taking place in the once highly respected citadel of learning. 

It was as a result of the deplorable conditions in the universities that the Federal Government and ASUU entered into a Memorandum of Understanding (MOU) in 2013 for the implementation of the Needs Assessment Report on the Nigerian Public Universities. This 2013 MOU was a milestone in the series of efforts to revitalise the decaying universities, as it stipulates, among other things, that the Federal Government ‘shall inject N200 billion in 2013, and N220 billion subsequently for 2014-2018. These amounted to a total of N1.3 trillion’. Shockingly, as at June 2017, no amount of money was released for 2014, 2015 and 2016. It was a result of the refusal to honour an agreement such as this that ASUU has been embarking on a cycle of warning and total (cum indefinite) strikes on (nearly) a yearly basis. This has been the plight of our university students. 

One may wonder as to why all these lamentations should constitute a headache for CACOVID, even though it has been for a long time the headache of the TETFUND. But let the truth be told, there is no denying the fact that both CACOVID and TETFUND have been at the forefront (and have in fact also carried the burden) of the infrastructural development and hopeful transformation of the universities since after the 1992 Agreement between the Federal Government of Nigeria and the Academic Staff Union of Universities (1992 FG-ASUU Agreement). This Agreement brought into existence the TETFUND which was originally established by Act 17, 2003 as Education Tax Fund (ETF). The tax that was managed by ETF (and now TETFUND) is usually raised from the private sector organisations bulk of whose members constitute also members of today’s CACOVID.

CACOVID, which was a child of circumstance (and perhaps also necessity) arising from the devastating consequences of coronavirus (COVID-19), was established on 26 March 2020 primarily to assist Nigeria government to combat the ravaging virus. CACOVID has since then done tremendously well in executing its self-assigned functions of building isolation centres in all states of the federation, procuring personal protective equipment (PPE), building laboratories and procuring testing facilities, as well as procuring palliatives for the millions of hungry citizens of this country. This column had in the past showcased CACOVID’s impressive and commendable achievements. 

The latest of these achievements is the announcement just over a week ago that it was committing over N100 billion to rebuild 44 police stations destroyed by hoodlums in the aftermath of the #EndSARS protest. Part of this money would also be used to procure state-of-the-art equipment to support the modernisation of the police. Secondly, CACOVID announced that it would commit over N150 billion towards “creating a high impact youth development programme that will provide technical and vocational education to over four million Nigerian youths over the next five years”. This is very commendable, and this column celebrates CACOVID to high heaven.

Now it can be seen why we said at the beginning that CACOVID can be a game changer in breaking the cycle of ASUU strikes if it carries out a targeted intervention towards stopping a lingering strike (in addition to the tax its members are paying through the TETFUND). As a rescue mission, such targeted intervention would have helped towards the revitalisation of the universities. The implementation of the 2013 MOU agreement would have been alive over the years. What am I really saying? Think about it, how much was ASUU asking the government as revitalisation grant during this 2020 lingering strike (March to December and still counting?). We heard that the amount was only about half of N220 billion (i.e. N110b) which should have been paid in 2014 if the then Federal Government remained faithful to the agreement. For all these months FG-ASUU drudgery called negotiation, the government could only offer ASUU N75 billion both for Earned Academic Allowance and revitalisation of universities. It regrettably took months before ASUU’s team of negotiators could extract additional (incremental) amount from the government. But CACOVID as a game changer can raise and provide substantial part of the revitalisation fund of less than N1 trillion over the next five years. This proposal is simply not beyond this very generous body.

TETFUND is doing well also despite the fact that a stage a rapacious ambitious politician occupied the big Office and diminished the achievement profile of the agency. Fortunately, TETFUND has bounced back and we now think that it can increase substantially its achievement profile as a game changer in breaking the cycle of ASUU strikes. This can happen if it collaborates with CACOVID and the Federal Government in a deeper way and through serious and meticulous planning to provide the remaining substantial part of the revitalization fund over a period of five year. This is also doable.  

In conclusion, it is indeed a shame that a country where billions of money can be raised during emergencies, will allow the future of her greatest assets (our youth and ‘future hope’) to be messed up in the name of struggling over revitalisation funds and all that. ‘Enough is Enough’, as those in the struggle would say. For God’s sake, this perpetual struggle (by three competing unions in the universities) MUST STOP. The society is simply fade up with what is happening in the university system where learning is not seriously taking place any longer due to what has now become ‘regular’ disruptions of academic sessions. If this is not arrested, our ones citadel of learning will soon turn into citadel of darkness and ignorance.        

Prof. Isaac N. Obasi of the University of Abuja, is a Visiting (Adjunct) Research Professor at the Anti-Corruption AcEmail: [email protected]

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