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NJC Recommends Appointment Of 69 Judicial Officers, Retirement Of Yobe Grand Kadi And Osun Judge For Age Falsification [IN FULL]

*Recommends Appointment Of 69 Judicial Officers
*Dismisses Petition Against 18 Judicial Officers

The National Judicial Council has recommended the compulsory retirement of the Grand Kadi of Yobe State and a judge in Osun state on the basis of age falsification

This decision was reached at the 93rd meeting of the NJC held virtually on 16th day of December, 2020.

In a statement issued by NJC Director of Information, Soji Oye, Esq., made available to TheNigerialawyer, he noted that the Council also dismissed petitions against 18 Judicial Officers for lacking in merit while also recommending the appointment of 69 additional Judicial Officers.

Read details below

The National Judicial Council at its 93rd Meeting of 16 December 2020 held virtually has recommended the compulsory retirement of Hon. Grand Kadi, Shu’aibu A. Talba, the Grand Kadi of Yobe State and Hon. Justice Abdulkareem Babatunde Abdulrasaq of Osun State High Court with immediate effect.

Hon. Grand Kadi Shu’aibu Talba
Hon. Grand Kadi Shu’aibu Talba was recommended for compulsory retirement following an investigation into a petition against him written by one Malam Zakar Adamu, Chairman, Movement for Justice in Nigeria, alleging that His Lordship falsified his age on two occasions, i.e. from 1st February, 1955 to 27th August, 1955 and later to 30th December, 1959.
Findings revealed that he was supposed to have retired on 1st February, 2020 by virtue of his declared date of birth of 1st February 1955.
Council, after deliberation, decided to recommend His Lordship’s compulsory retirement to Governor Mai Mala Buni of Yobe State. Furthermore, Council requested the Government of Yobe State to deduct all salaries received by His Lordship from 1st February, 2020 till date, from his gratuity, and remit same to the National Judicial Council that pays salaries of all Judicial Officers in the Federation.

HON. JUSTICE ABDUL-KAREEM BABATUNDE ABDULRASAQ
Council also considered a petition by Chief Yomi Alliyu, SAN, and found merit in his allegation against Hon. Justice Abdul-Kareem Babatunde Abdulrasaq that His Lordship falsified his date of birth from 3rd September, 1955 to 3rd September, 1957.
Council, therefore, recommended His Lordship’s compulsory retirement to Governor Gboyega Oyetola of Osun State with effect from 3rd September, 2020. It also requested the Osun State Government to deduct from His Lordship gratuity, salaries received by him from 3rd September, 2020, and remit same to the National Judicial Council.

Meanwhile, in the exercise of its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria, as amended, the National Judicial Council has suspended Hon. Grand Kadi Talba and Hon. Justice Abdul-Kareem Babatunde Abdulrasaq from office pending the approval of the recommendation of their compulsory retirements by their respective Governors.

REPORT OF PRELIMINARY COMPLAINTS ASSESSMENT COMMITTEES
Council also considered the Reports of its two Preliminary Complaints Assessment Committees and agreed with the recommendations to dismiss Eighteen (18) petitions against the following fourteen (14) Judicial Officers:
Federal High Court
Hon. Justice Simon A. Amobeda,
Hon. Justice Taiwo O. Taiwo,
Hon. Justice Nnamdi Dimgba
Hon. Justice R. O. Dugbo Oghoghorie

Delta State High Court
Hon. Justice T. O. Uloho
Hon. Justice Michael N. Obi

Lagos State High Court
Hon. Justice G. M. Onyeabo

Rivers State High Court
Hon. Justice A. I. Iyayi-Lamikanra, Chief Judge, Rivers State
Hon. Justice A. U. Kingsley-Chuku
Hon. Justice J. N. Ukpugwnum

Taraba State High Court
Hon. Justice F. B. Andetur, Chief Judge, Taraba State

Enugu State High Court
Hon. Justice Comfort C. Ani

Gombe State High Court
Hon. Justice M. A. Pindiga

Kebbi State High Court
Hon. Justice M. M. Umar

INTERVIEW COMMITTEE

Similarly, Council considered the Report of the Interview Committee and recommended the appointment of Sixty-nine (69) Judicial Officers as Heads of Court, Judges of High Court of States, Kadis of States/FCT Sharia Courts of Appeal and Judges of the Customary Courts of Appeal.

In another development, Council also received and approved the Report of its Committee on Appointments, Promotion and Discipline which recommended the promotion of Seventy (70) Members of Staff of the National Judicial Council.

NOTIFICATIONS OF DEATH AND RETIREMENT OF JUDICIAL OFFICERS
The notifications of retirement of 12 Judicial Officers and notifications of death of three (3) Judges of Federal and State Courts were also received and noted by Council.

Thenigerialawyer

Buhari’s nominee to ICC Ishaq Bello loses out after dismal showing at polls

Mr. Bello who has been at the Nigerian high court for more than two decades was edged out as he garnered only 5 out of 110 votes available.

President Muhammadu Buhari’s candidate for the International Criminal Court, Ishaq Bello, has lost his bid to be elected as a judge at the war crimes tribunal.

Mr. Bello, head of the High Court of Federal Capital in Abuja fell below the pecking order at the polls after amassing a dismal 12 votes out 117 valid ballots in the first round of voting, and five out of 110 valid ballots in the second round.

The Nigerian candidate scored the second lowest votes out of 18 nominees who participated in the race for the next ICC jurists, results released Thursday by the Netherlands-based court showed.

The candidate of the United Kingdom Korner Joanna, and her Georgian counterpart Lordkipanidze Gocha were elected as next jurists of the ICC after garnering the highest number of votes.

The Nigerian nominee had earlier been rated at the bottom of candidates being considered for the ICC role by a panel that looked into the competence of nominees.

The team of experts had in its assessment of the nominees, described Mr. Bello as having “a very limited knowledge” of the workings of the ICC, hence incapable of making a noteworthy contribution to the work of the court.

Peoples Gazette reported that Mr. Bello, a haunted jurist, has been at the high court in Abuja for more than two decades but shot into national infamy in 2017 following his controversial ruling in the 2005 extra-judicial murder of five auto spare parts traders and their female acquaintance by police officers in the Apo suburbs of the FCT.

The FCT chief judge had sentenced two of the six accused police officers accused in the murder to death, while three others, including police chief Danjuma Ibrahim, who reportedly ordered officers to open fire on the unarmed citizens, were controversially discharged and acquited.

A “WILL” Cannot Over Power Customs In Yoruba & Benin States In Nigeria.

A “WILL” Cannot Over Power Customs In Yoruba & Benin States In Nigeria. Daily Law Tips (Tip 712) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction: 

People are often encouraged to make a “WILL” before death to ensure their property are well disposed and that their loved ones are adequately protected. This is built on the assumption that a “WILL” is a sacred wish of a dead person that must be respected by all persons. Ironically, there are limitations that make this assumption wrong. Imagine a limitation that does not stop a living person from disposing his property but limits that same person from disposing the same property through a “WILL”. Somehow, the limitations can even invalidate a well written and video recorded “WILL”. The limitations allow courts in Nigeria to reject a “WILL” and to dispose a property contrary to the contents of the “WILL”. 

This work focuses on the customary limitation placed by several laws on “Will”, that limits disposal of property that are under native law and custom (customary ownership). It highlights the states in Nigeria that are affected as well as states that are free from such limitations. 

History Of Laws On “WILL” According to the Supreme Court:

There is no better place to obtain genuine facts about Nigerian laws and history, than from the judgments of the Supreme Court of Nigeria. On the history of laws on “WILL”, hear the Justice MOHAMMED BELLO of the Supreme Court of Nigeria in the case of IDEHEN & ORS v. IDEHEN & ORS (1991) LPELR-1416(SC); 

”During the colonial era, the Wills Act 1837 of England which empowered a testator to dispose of his properties – real and personal – as he pleased, applied as an Act of general application throughout Nigeria. At that time, any native law and custom which was incompatible with the Wills Act was unenforceable and the provisions of the Act prevailed. A testator had the right to dispose of his properties, real and personal irrespective of any encumbrance of native law and custom on the property: Adesubokan v. Yunusa (1971) 1 All N.L.R. 225.”  Afterwards, each region (Western, Mid-Western, Eastern and Northern regions) made their own laws on “WILL”. Later when states were created in the regions, the states also made their own laws on “WILL” which are often replicas of the laws on “WILL” in their regions. 

Present Status of Laws on “WILL”:

Presently, Nigeria does not have a national (federal) law on “Will”. Rather regions and states in Nigeria have separate laws on “WILL” and as expected, this has unequal effects across Nigeria. For example, in the Northern part of Nigeria, the law on “WILL” is the English Wills Act of 1937. As as such, many states in that region have enacted their state laws on “WILL”, which are mere copies of the English Wills Act of 1937 but with unique law titles and citations. By the English Wills Act of 1937, in all the states in the Northern part of Nigeria, where it operates, people are free to make a “WILL” over any property. So, there is really no limitation on what can be shared through a “WILL” in the states in Northern Nigeria. 

Unlike in criminal law, the English Wills Act of 1937 is a law that both Northern part of Nigeria and the Eastern part of Nigeria have in common. Yes, the states in the eastern region of Nigeria have replicated the English Wills Act of 1937 as their state laws on “WILL”, with unique law titles and citations. As expected, persons in eastern Nigeria have no limitation on what can be disposed or shared through a “WILL”. 

This one-dimensional law, changes the moment one lands into any of the states in the Western part of Nigeria. This part of Nigeria is predominately habited by the Yoruba people of Nigeria, as the Igbo people of Nigeria live majorly in the eastern part of Nigeria and the Hausa/Fulani people of Nigeria dominate the Northern part of Nigeria. Always note that, Nigeria has about 371 tribes. 

In the Western part of Nigeria (including the Mid-Western part of Nigeria), the operational law of “WILL” is the Wills Law of 1959. So, many states in the Western part of Nigeria replicated the Wills Law of 1959 as their state laws on “WILL” but with unique law titles and citations. Unlike in the Northern part of Nigeria and the Eastern part of Nigeria, the laws on “WILL” in the Western part of Nigeria, placed a limitation on the origin of property that any person can dispose via “WILL”. The limitation is that in Western Nigeria and Mid-Western Nigeria, a person can give out his property through a “WILL” but cannot give out any of his property that is bound by native law and customs (Customary Law). 

Customary Limitation on “WILL” (“You Cannot Give What You Don’t Have Principle”):

Customary law, customarily owned property and customary ownership cannot be affected by a “WILL” in the states in the Western part of Nigeria and the Mid-Western part of Nigeria. The Supreme Court of Nigeria has through a plethora of judgments validated this position of the laws of states in those regions of Nigeria. The popular Benin tradition that mandates the first son of a man to inherit his father’s main residential property (igi-ogbe), irrespective of his father’s “WILL”, has given several opportunities to the Supreme Court of Nigeria, for the Supreme Court to emphasis that a “WILL” cannot change, or alter any native law and custom in any community in the Western or Mid-Western part of Nigeria. Benin Kingdom is in Edo State, in the Mid-Western region of Nigeria.   

It must be mentioned that, few states in the Western part of Nigeria, have moved on to enact their own unique laws on “Will”, this includes, Lagos State and Oyo State. In the new unique law on “WILL” of Lagos State, there is still Customary Law Limitation over “WILL”. In the law on “WILL” of Oyo State, there is still also a Customary Law Limitation, plus even an Islamic Law Limitation. So that, in Oyo State, a property held under customary law are above a “WILL” and persons that are Muslims are exempted from the law on “WILL”.

Across Nigeria, there are about 371 tribes with their unique cultures, native law and customs. One common thing with customs across Nigeria, is communal life, communal ownership and extended families. So, by native law and custom, landed property and any other property owned or bound under native law and custom must be shared in accordance with the relevant native law and custom. By this, certain property owned under native law and customs are arguably not exclusive property of their owners at death and as such, their owners may not be able to share them via a “WILL”. After all, one cannot give what one does not have, to avoid being prosecuted for a criminal case of misrepresentation, stealing, cheating and conversion. 

The above paragraph sums up the logic behind laws on “WILL” in the states in Western and Mid-Western regions of Nigeria, that clearly stated that property owned or bound under native law and custom cannot be affected by a “WILL”. Imagine, the customary relevance of the ancestral land of a family, which is often inherited by only the children of the family, now being shared by a father through a “WILL” to a total stranger. 

This logic has received judicial blessings from “… several judgments from the Supreme Court of Nigeria, upholding the place of customary laws over certain property and how such property cannot be under a “WILL”. This is seen in “several superior Courts of record including this Court and the apex Court in the cases of Ogiamien v. Ogiamien (1967) NMLR 382; Idehen v. Idehen (1991) 6 NWLR (Pt. 198) 382 (S.C.); Agidigbi v. Agidigbi (1992) 2 NWLR (Pt. 221) 98; Lawal-Osula v. Lawal-Osula (1993) 2 NWLR (PT 274) 158 (S.C.) amongst a host of others. …. What makes the house of a deceased Bini man Igiogbe under Bini native law and custom, which he cannot even give out by Will to anyone but his eldest surviving son ….”, quoting Justice BOLOUKUROMO MOSES UGO of the Court of Appeal in the case of ISU v. ABASA & ORS (2017) LPELR-42014(CA)

Conclusion: 

“WILL” is regulated by law and where the law that regulates “WILL” makes customary law to be above “WILL”, then so be it. In the states in the Western and Mid-Western States in Nigeria, their laws on “WILL” clearly prohibits any person from making a “WILL” over any property that is bound under customary law. This clearly protects their rich cultural heritages and customs, however, unfortunately higher and above the clear intentions of a maker of a “WILL”. 

It has been argued that Customary Limitation which is created by laws on “WILL” is contrary to natural justice and that it contradicts the essence of “WILL” and rather promotes the sharing of property of dead persons contrary to their wishes. This is clearly seen in the case of Osula Vs Osula, where the maker of a “WILL” clearly stated that he does not want his will to be changed by any person and that he does not want the customs of Benin Kingdom to apply to his “WILL”, however, the Supreme Court of Nigeria forcefully applied the native law and customs of Benin Kingdom on the “WILL” and modified the “WILL” over property that where bound by native law and custom.  

Many are clamoring for Customary Law Limitation on “WILL” in states of the Western and Mid-Western region of Nigeria to be expunged, in order to promote respect for “WILL” and wishes of the dead. It is not a crime or a fault of any person to be off any particular custom and culture, so people should be allowed to denounce their customs, even at death. I support this call and do condemn the cowardly acts of the laws of “WILL” in the concerned states, that clearly robes and steals from dead persons, just to satisfy often lazy and ill-mannered beneficiaries contrary to their true intentions of their dead benefactors.  

My authorities, are:

  1. Sections 1, 2, 3, 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999.
  2. Sections 1, 2, 26 and 27 of the Wills Law of Lagos State, 1990 Cap W2 Laws of Lagos State 2004 
  3. Sections 1, 2, 3, and 4 of the Wills Edict of Oyo State 1990 
  4. The Judgment of the Supreme Court (on the history of Wills Act in Nigeria) in the case of IDEHEN & ORS v. IDEHEN & ORS. (1991) LPELR-1416(SC).
  5. The judgment of the Supreme Court of Nigeria (on the superiority of customary law over “WILL” in Western and Mid-Western regions of Nigeria) in the case of Osula V Osula (1995) 9 NWLR pt 419 page 259.
  6. The judgment of the Court of Appeal (on the superiority of customary law over “WILL” in Western and Mid-Western regions of Nigeria) in the case of Court of Appeal in the case of ISU v. ABASA & ORS (2017) LPELR-42014(CA)
  7. Onyekachi Umah, “A “WILL” Without Good Financial Provision For Family Can Be Cancelled” (LearnNigerianLaws.com, 7 December 2020) <https://learnnigerianlaws.com/a-will-without-good-financial-provision-for-family-can-be-cancelled/ > accessed 8 December 2020
  8. Onyekachi Umah, “How To Recover Property Of The Dead In Nigeria. (A Legal Guide On Probate Matters In Nigeria)” (LearnNigerianLaws.com, 10 March 2016) <https://learnnigerianlaws.com/how-to-recover-property-of-the-dead/ > accessed 5 December 2020
  9. Obiora Atuegwu Egwuatu, “Limits Of A Testator On Freedom Of Will Testament” (nigerianlawguru,) <http://www.nigerianlawguru.com/articles/family%20law/LIMITS%20OF%20A%20TESTATOR%20ON%20FREEDOM%20OF%20WILL%20TESTAMENT.pdf > accessed 5 December 2020. 
  10. Onyekachi Umah, “Requirements Of A Valid/Genuine Will” (LearnNigerianLaws.com, 13 July 2020) <https://learnnigerianlaws.com/requirements-of-a-valid-genuine-will-daily-law-tips-tip-608-by-onyekachi-umah-esq-ll-m-aciarbuk/ > accessed 5 December 2020. 
  11. Vanguard, “Full List Of All 371 Tribes In Nigeria, States Where They Originate” (Vanguard Newspaper, 10 May 2017)< https://www.vanguardngr.com/2017/05/full-list-of-all-371-tribes-in-nigeria-states-where-they-originate/> accessed 3 December 2020
  12. Onyekachi Umah, “Can An Inheritance Under A “Will” Be Rejected?” (LearnNigerianLaws.com, 6 May 2020)<https://learnnigerianlaws.com/can-an-inheritance-under-a-will-be-rejected-daily-law-tips-tip-563-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 5 December 2020
  13. Onyekachi Umah, “He 4 Facts Courts Must Consider In Evaluating Expert Opinions On Handwriting And Signatures On Wills” (LearnNigerianLaws.com, 2 November 2019) <https://learnnigerianlaws.com/the-4-facts-courts-must-consider-in-evaluating-expert-opinions-on-handwriting-and-signatures-on-wills-daily-law-tips-tip-449-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 5 December 2020
  14. Onyekachi Umah, “Acceptable Age For Making Of Wills In Nigeria” (LearnNigerianLaws.com, 25 April 2019) <https://learnnigerianlaws.com/acceptable-age-for-making-of-wills-in-nigeria-daily-law-tips-tip-318-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 5 December 2020

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A “WILL” Without Good Financial Provision For Family Can Be Cancelled.

Daily Law Tips (Tip 710) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction: 

Dead men don’t talk, but their intentions before death can be seen and heard from their graves through their “WILLs”. A “WILL” is a document containing the clear wishes of a dead person (including how to dispose his/her property), made freely by the dead person, with a clear mind before death, in the presence of witnesses. A “Will” comes into action after the death of the maker (testator) and cannot be changed at that point. Living persons often respect dead people and more often, courts will respect the wishes of the dead. Who wants to fight the dead? I will show you who, how and why, shortly. 

There are few states in Nigeria where a spouse (husband/wife) and or any child of a dead person that left a “WILL” can approach a court to cancel the “WILL” on the ground that the “WILL” did not make reasonable financial provisions for the spouse or child of the dead person. With this, a person can make a “WILL” but cannot provide little finance or attempt to disinherit (remove) his/her spouse or any child from his “WILL”. It is common to find some person dish out lasting punishments to their loved ones, by excluding them from their “WILLs”. 

This work focuses on the limitations placed on a testator (a dead person that made a WILL) stopping the testator from excluding certain persons from his/her “WILL”. It will answer the question; “Is there freedom for a dead person to share his property as he/she likes through his “WILL”?”. It will consider the “You Must Finish Your Work Principle”.

“You Must Finish Your Work Principle”:

There is common joke in Nigeria, that people never finish working in Nigeria even after death, since Nigerians (and many Africans) often call on their ancestors to fight for them, through prayers and incantation. Does this also have a place in law and jurisprudence (philosophy of law) in Nigeria? You will find out shortly. 

“Giving” is love and man gives in life and in death. When a living person gives anything, it is a gift but when a dead person gives it is a testament. It is simple logic, that a person can only give what he owns; and this seems to be the only logical limitation on a living person when it comes to giving. On the side, for a dead person, is there freedom for a dead person to share his property as he/she likes? This question will be answered under the major principle of “You Must Finish Your Work”.

Presently, there is no nationally approved (federal) law on “WILL” rather states in Nigeria have their own unique laws on “WILL”. Most of the laws on “WILL” in states in Nigeria, where from laws on “WILL” of the regions in Nigeria. Hence, states in a particular region tend to have same/similar laws on “WILL”. Regions in this context are; Northern, Eastern, Western and Mid-Western regions of Nigeria. Ahead of regional laws on “WILL”, “During the colonial era, the Wills Act 1837 of England which empowered a testator to dispose of his properties – real and personal – as he pleased, applied as an Act of general application throughout Nigeria.”, quoting Justice MOHAMMED BELLO ,J.S.C of the Supreme Court in the case of IDEHEN & ORS v. IDEHEN & ORS. 

Lagos State, a state in the Western region of Nigeria has a unique provision in their law on “WILL”. Lagos State is a trailblazer in many fronts and leads Nigeria and states in Nigeria on pragmatic innovative legislation. By its “Wills Law of Lagos State Cap W2 Laws of Lagos State 2004”, a dead person’s “WILL” can be challenged and modified in a court of law for not making reasonable financial provision for a spouse or any child of the dead person. So, the sacredness of a “WILL” in Lagos State can be compromise, where any of any wife/wives/husband or child of the maker of the “WILL” validly argues in court that the “WILL” did not make reasonable financial provision for him/her or them. 

The proximity of Oyo State to Lagos State, has left Oyo State happy, as Oyo State learns a lot from Lagos State. Oyo State is also in the Western region of Nigeria and has a law on “WILL” that is similar to that of Lagos State. However, the law on “WILL” in Oyo State has gone further to expand the list of persons that can approach a court to argue that a “WILL” left behind by a dead person did not make reasonable financial provision for them. In Oyo State, the following persons that can challenge a “WILL” for lack of reasonable financial provision, are: wife or husband of the dead person, a child of the dead person, a parent, brother or sister of the dead person, so far as such persons were being taken care of by the dead person just before the death of the dead person. 

The logic behind this limitation on “WILL” is to ensure that persons who depend on a dead person for care, before the death of the dead person are not left stranded and out of the property of their benefactor because of death. This ensures continuity of care and saves the society from some form of financial collapse. On the lighter side, it ensures that death does not terminate any care, so that even a dead person still continues his/her work of care, through any property he/she left behind. So, with this, a dead person cannot run away from his/her responsibilities rather he/she must finish his/her work; “You Must Finish Your Work Principle”.

Conclusion & Recommendation: 

The essence of “WILL” is to manage and dispose the property of a dead person according to the wishes of the dead person. After all, if not for death, the dead person could have disposed his/her property according to his/her wish. The only most logical limitation/restriction to any disposal is that a person should only dispose what he or she does not own. One should not give what one doesn’t not own, whether living or dead. 

However, some laws on “WILL” in states in Nigeria have placed other sorts of limitations on the powers and rights of a dead person to dispose his/her property through a “WILL”. In Lagos State and Oyo State, the valid “WILL” of a dead person can be modified by a court of law, simply because a wife/husband or child of the dead person validly argues that the “WILL” did not make reasonable provision for him/her. And, Oyo State has even expanded the list of persons that can make such argument, to include any wife or husband of the dead person, a child of the dead person, a parent, brother or sister of the dead person, where such persons were being taken care of by the dead person, just before the death of the dead person. Reasonable Financial Provision has been argued to mean adequate financial provisions according to the wealth of the dead person and the normal standard of living of his family members. This helps to avoid over night rich persons but to maintain an already existing life style. 

By all lenses, the above discussed limitation is a clear violation of the rights of a living person that made a “WILL” by the time such person dies. Unfortunately, dead men don’t talk and have no rights. The limitation abuses the sacredness of “WILL” as the golden wishes of a dead person, that must be respected by all persons. It also makes it impossible for people to issue long lasting punishments through “WILL” to their family members, since such family members can apply for the “WILL” to be modified and for a reasonable financial provision to be made for the, contrary to the intentions of the “WILL”. Above all that has been aid, a law is a law, until the law is amended by the legislatures. Good and bad laws are the products of legislatures and those who seek change of bad laws, must embrace amendment and must approach the legislatures. 

My authorities, are:

  1. Sections 1, 2, 3, 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999.
  2. Sections 1, 2, 26 and 27 of the Wills Law of Lagos State, 1990 Cap W2 Laws of Lagos State 2004 
  3. Sections 1, 2, 3, and 4 of the Wills Edict of Oyo State 1990 
  4. The Jugement of the Supreme Court (on the history of Wills Act in Nigeria)  in the case of IDEHEN & ORS v. IDEHEN & ORS. (1991) LPELR-1416(SC)
  5. Onyekachi Umah, “How To Recover Property Of The Dead In Nigeria. (A Legal Guide On Probate Matters In Nigeria)” (LearnNigerianLaws.com, 10 March 2016) <https://learnnigerianlaws.com/how-to-recover-property-of-the-dead/ > accessed 5 December 2020
  6. Obiora Atuegwu Egwuatu, “Limits Of A Testator On Freedom Of Will Testament” (nigerianlawguru,) <http://www.nigerianlawguru.com/articles/family%20law/LIMITS%20OF%20A%20TESTATOR%20ON%20FREEDOM%20OF%20WILL%20TESTAMENT.pdf > accessed 5 December 2020. 
  7. Onyekachi Umah, “Requirements Of A Valid/Genuine Will” (LearnNigerianLaws.com, 13 July 2020) <https://learnnigerianlaws.com/requirements-of-a-valid-genuine-will-daily-law-tips-tip-608-by-onyekachi-umah-esq-ll-m-aciarbuk/ > accessed 5 December 2020. 
  8. Onyekachi Umah, “Can An Inheritance Under A “Will” Be Rejected?” (LearnNigerianLaws.com, 6 May 2020)<https://learnnigerianlaws.com/can-an-inheritance-under-a-will-be-rejected-daily-law-tips-tip-563-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 5 December 2020
  9. Vanguard, “Full List Of All 371 Tribes In Nigeria, States Where They Originate” (Vanguard Newspaper, 10 May 2017)< https://www.vanguardngr.com/2017/05/full-list-of-all-371-tribes-in-nigeria-states-where-they-originate/> accessed 5 December 2020
  10. Onyekachi Umah, “He 4 Facts Courts Must Consider In Evaluating Expert Opinions On Handwriting And Signatures On Wills” (LearnNigerianLaws.com, 2 November 2019) <https://learnnigerianlaws.com/the-4-facts-courts-must-consider-in-evaluating-expert-opinions-on-handwriting-and-signatures-on-wills-daily-law-tips-tip-449-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 5 December 2020
  11. Onyekachi Umah, “Acceptable Age For Making Of Wills In Nigeria” (LearnNigerianLaws.com, 25 April 2019) <https://learnnigerianlaws.com/acceptable-age-for-making-of-wills-in-nigeria-daily-law-tips-tip-318-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 5 December 2020

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Lagos State Has No VAPP/SGBV Law!

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

Introduction: 

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

While many states across Nigeria are enacting laws that are similar to the Violence Against Persons (Prohibition) Act, some persons have argued that Lagos State does not need such. Surprisingly, certain civil society groups and platforms that are tracking the enactment of Violence Against Persons (Prohibition) Laws in states across Nigeria, have listed Lagos State among states with Violence Against Persons (Prohibition) Laws.

This work reveals the fact that Lagos State in Nigeria, unlike many other states, does not have a Violence Against Persons (Prohibition) Law or any dedicated specific law on Sexual and Gender-Based Violence (SGBV) and Harmful Practises (HR). It also reveals that the VAPP TRACKER on the websites of CSOs are wrong and that this has made advocates and activists to overlook Lagos State in their projects and  clamour for enactment of VAPP laws, even though Lagos State lacks legal framework on SGBV/HR/VAWG, although with a surge in rape and domestic violence.

Laws Are Not Pregnancies: 

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

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

The Baseline SGBV & HP Legal Framework In Lagos State: 

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

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

Need for Dedicated Law on SGBV & HR In Lagos State:

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

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

Conclusion & Recommendation:

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

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

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

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

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

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

My authorities, are:

  1. Sections 1, 2, 3, 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999.
  2. Sections 1, 47 and 48 of the Violence Against Persons (Prohibition) Act, 2015 and other similar laws in states of the federation.
  3. Sections 1, 2, 418, 419 and 420 as well as the entire Chapter 25 of the Lagos State Criminal Code, 2011
  4. Sections 1, 2, 5, 6, 7, 18 and 19 of the Lagos State Prohibition Against Domestic Violence Law, 2007. 
  5. Sections 1, 2, 62, 63, 64 and 65 of the Ekiti State Gender Based Violence (Prohibition) Law, 2019.
  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. Onyekachi Umah, “How Lagos State Is Legislatively Ahead Of Other States” (LearnNigerianLaws.com, 30 September 2020 <https://learnnigerianlaws.com/how-lagos-state-is-legislatively-ahead-of-other-states/ > accessed 7 December 2020
  8. Onyekachi Umah, “The First Virtual Court Hearing Was In Borno State And Not In Lagos State.” (LearnNigerianLaws.com, 1 June 2020) <https://learnnigerianlaws.com/the-first-virtual-court-hearing-was-in-borno-state-and-not-in-lagos-state-daily-law-tips-tip-579-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 7 December 2020
  9. Onyekachi Umah, “Nigeria Has No Law Against Public Gathering During Covid-19 Era.” (LearnNigerianLaws.com, 14 April 2020) <https://learnnigerianlaws.com/nigeria-has-no-law-against-public-gathering-during-covid-19-era-daily-law-tips-tip-547-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 7 December 2020.
  10. Onyekachi Umah, “An Access To Criminal Laws In Nigeria” (LearnNigerianLaws.com, 4 December 2020) <https://learnnigerianlaws.com/an-access-to-criminal-laws-in-nigeria/ > accessed 7 December 2020.
  11. Onyekachi Umah, “8 New Things About Rape Laws In Nigeria” (LearnNigerianLaws.com, 3 December 2020) <https://learnnigerianlaws.com/8-new-things-about-rape-laws-in-nigeria/ > accessed 7 December 2020
  12. 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
  13. 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
  14. 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
  15. 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.
  16. Warif Center, “Rape Stats In Nigeria” (warifng) <https://warifng.org/rape-stats-in-nigeria/> accessed 2 December 2020
  17. 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
  18. 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
  19. 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
  20. 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 2020
  21. Adetomiwa 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
  22. 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.
  23. 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
  24. 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
  25. 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.
  26. 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
  27. 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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An Access To Criminal Laws In Nigeria.

Daily Law Tips (Tip 709) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:

Nigeria has about 371 tribes, 2 major religions and two major parts (North and South). Culture, religion, architecture, politics and even laws change drastically as one moves from North to South. Criminal Justice in Nigeria is not left out of the two divides in Nigeria, and by the way, Nigeria is an indivisible union of then Southern and Northern Protectorates of Britain.

Sates in the northern part of Nigeria have criminal laws that regulate persons in that part of Nigeria and their laws are different from what applies in the southern part of Nigeria. For example, adultery is a criminal offence only in the northern part of Nigeria. This work exposes the two major criminal laws in Nigeria, recent departures from them by some states, as well as dependable free links for accessing the laws.

Nigerian Criminal Laws by Poles:

Nigerian criminal laws differ as the southern pole differs from the northern pole. While this work is not focusing on the differences, below are the criminal laws and free access links to them.

  1. The Criminal Code Act is operational in the southern part of Nigeria and it is contained in a single document (The Criminal Code Act). It contains both state and federal offences.
  2. Here are links to the Criminal Code Act:https://www.wipo.int/edocs/lexdocs/laws/en/ng/ng025en.pdfor https://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=54f975004
  3. The Penal Code is operational in the northern part of Nigeria. However, it is not contained in a single document, rather in 2 separate documents. One is the “Penal Code Law” (this is for state offences like stealing, rape, arson and murder) and the other is the “Penal Code (Northern States) Federal Provisions Act (No. 25 of 1960)” (this is for federal offences, like treason, sedition, customs offences).So, states in the Northern part of Nigeria enacted their Penal Code Law in their states through their Houses of Assembly, while the National Assembly enacted the Penal Code Act for the Federal Capital Territory, Abuja, as an equivalent of the Penal Code Law in states in northern part of Nigeria. Below are relevant links:
  4. Here is a link to the Penal Code Act: http://oceansbeyondpiracy.org/sites/default/files/Nigeria_Penal_Code_Act_1960.pdf
  5. Here is a link to the Penal Code (Northern States) Federal Provisions Act (No. 25 of 1960): https://policehumanrightsresources.org/content/uploads/2016/07/Penal-Code-Northern-States_-Federal-Provisions-Act-1960.pdf?x96812
  6. It is important to note that Kaduna State (a state in Northern Nigeria) repealed its Penal Code Law on 29 May 2017 and enacted the Kaduna State Penal Code Law 2017. Furthermore, on 11 September 2020, the Kaduna State amended its Kaduna State Penal Code Law 2017 through the Kaduna State Penal Code Law 2017 (Amendment) Law 2020.
  7. Here is a link to the Kaduna State Penal Code Law 2017: https://kdsg.gov.ng/wp-content/uploads/2017/07/2017_LawV_Penal-Code.pdf
  8. Here is a link to the Kaduna State Penal Code Law 2017 (Amendment) Law 2020: https://media.premiumtimesng.com/wp-content/files/2020/09/Kaduna-State-Penal-Code-Amendment-Law-2020.pdf
  9. The southern part of Nigeria is not left out in reviews and repeals of criminal laws. Lagos State (a state in southern part of Nigeria) earlier on 8 August 2011 repealed its Criminal Code and enacted “the Criminal Law of Lagos State, 2011”.
  10. Here is a link to the Criminal Law of Lagos State, 2011: http://lagosministryofjustice.org/wp-content/themes/moj/documents/CRIMINAL_CONDUCT.pdf

Conclusion and Recommendation:

Although, the Criminal Code and the Penal Code are the two major criminal laws in Nigeria, it is important to mention that there several other criminal laws at the federal and state levels. The other criminal laws will include; the Violence Against Persons (Prohibition) Act, 2015 and other similar laws in states of the federation, the Trafficking In Persons (Prohibition) Enforcement and Administration Act 2015, the Anti-Torture Act 2017, the Child’s Right Act 2003 and several other federal and state laws with provisions that creates offences and punishments.

If ignorance of law is not an excuse, then government has a duty to ensure the availability and laws and access to laws. If laws are seen as an exclusive literature for lawyers and courts, then laws will continue to be violated, ignorantly or confidently. More important than solving crime is preventing crime. Awareness on rights and laws is a sure way to empower Nigerians and discourage crime, since most offenders learn about their punishments for the first time while in detention. Government must promote free legal awareness and that is what Sabi Law Foundation stands for and having been promoting through its numerous legal awareness projects, on LearnNigerianLaws.com

My authorities, are:

  1. Sections 1, 2, 3, 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999.
  2. Sections 1 and 2 of the Criminal Code Act, 1916
  3. Sections 1 and 2 of the Penal Code Act, 1960
  4. Sections 1, 2 and 3 of the Penal Code (Northern States) Federal Provisions Act, 1960
  5. Sections 1, 2, 3 and 398 of the Kaduna State Penal Code Law, 2017
  6. Sections 1 and 2 of the Kaduna State Penal Code Law 2017 (Amendment) Law, 2020.
  7. Sections 2, 419 and 420 of the Criminal Law of Lagos State, 2011.
  8. Onyekachi Umah, “14 Facts About Compensation And Victimology In Criminal Justice In Nigeria” (com, 17 December 2019) <https://learnnigerianlaws.com/14-facts-about-compensation-and-victimology-in-criminal-justice-in-nigeria-daily-law-tips-tip-480-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 3 December 2020
  9. Vanguard, “Full List Of All 371 Tribes In Nigeria, States Where They Originate” (Vanguard Newspaper, 10 May 2017)< https://www.vanguardngr.com/2017/05/full-list-of-all-371-tribes-in-nigeria-states-where-they-originate/> accessed 3 December 2020
  10. Onyekachi Umah, “ChannelsTv Interviews Onyekachi Umah on Rape and the Laws.” (com, 20 November 2020) <https://learnnigerianlaws.com/channelstv-interviews-onyekachi-umah-on-rape-and-the-laws/> accessed 2 December 2020
  11. US Government, “2018 Report on International Religious Freedom: Nigeria” (U.S Department of States, 2018) <https://www.state.gov/reports/2018-report-on-international-religious-freedom/nigeria/> accessed 3 December 2020
  12. John Campbell, “Lord Lugard Created Nigeria 104 Years Ago” (Council on Foreign Relations, 2 januya 2018)<https://www.cfr.org/blog/lord-lugard-created-nigeria-104-years-ago> accessed 3 December 2020

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This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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NASS INVITATION/SUMMON VIS-À-VIS PRESIDENT BUHARI’S IMMUNITY: A REVIEW

                       By


     O. G. Chukkol, ACIArb (UK)

Much has already been said on the power of the National Assembly to invite or summon President Buhari and weather has heavily been made on the immunity clause entrenched in section 308 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to show that Buhari is not bound to honour the NASS Invitation.

Therefore, the points below may be relevant in clarifying some constitutional issues and whether there is need for the prolonged argument in the first place.

  1. Section 88 And 89 of the constitution empower the National Assembly to Investigate “ANY PERSON, AUTHORITY,” and to summon “ANY PERSON IN NIGERIA”. Is President Buhari a person and or authority in Nigeria? Yes he is.
  2. What is the scope of section 308 regarding summons and arrests? It applies only to arrests or summons relating to COURT PROCEEDINGS.
  3. Is National Assembly a court? No it is not a court.
  4. What are the status of the provisions of sections 88, 89 and 308 of the Constitution? Provisions of sections 88 and 89 are specific while provision of section 308 is general.
  5. Between a specific provision and general provision in the same constitution, which one overrides the other? Specific provision overrides general provision. See the case of Inakoju v. Adeleke (2007) 1 S.C. (Pt. 1) 1 where the position was confirmed by the Supreme Court of Nigeria thus:

“Where the Constitution or a statute contains a general provision as well as a specific provision, the specific provision will prevail over he general provision. In the instant case, the specific provision of section 188(9) of the 1999 Constitution will prevail over the general provision of section 102.”

See also CAC V. Davis (2006) LPELR-11411(CA) where it was held that the reason is because
“the specific provision will be deemed to have anticipated the issue as against the general provision. Thus in the instant case, even if the argument of the learned counsel for the appellant could be described as a case of two sets of provisions in an enactment, one special and the other general covering the same subject matter, a case falling within the words of the special provision must be governed thereby and not by the terms of the general provision”

The implication is that the power of the NASS to summon “ANY PERSON IN NIGERIA” including President Buhari is superior to the immunity provisions of section 308 of the constitution.

  1. Are the powers in sections 88 and 89 of the constitution exceptions to the immunity clause in section 308 just like election petitions? Yes they are exceptions and in fact another perfect way of looking at it. In A.D v. Fayose (No 1) (2004) 26 WRN 34 court declared that Fayose could be subpoenaed (ordered to come to court to give evidence) notwithstanding immunity under section 308 of the Constitution.
  2. Can NASS rely on section 88 and 89 to invite or summon Mr. President on security? Yes they can because sections 217, 218, 219 and 220 of the Constitution empower them to make law regulating how the President may exercise powers as Commander in Chief of the Nigerian Armed Forces.

8.
Some people argued that section 67(1) of the constitution says President “MAY” attend meeting of the NASS while 67(2) says Minister “SHALL” attend. Does that mean that the word “may” was used to make it discretionary for president to honour invitation by NASS?

With profound respect it is misconceived argument. Section 67(1) did not say that President “MAY” attend on INVITATION by NASS. Rather it made the visit to be initiated by the president. It is that of Minister that the constitution clearly says minister shall attend “if invited”. In other words, unlike section 67(2) of the constitution, section 67(1) did not say president may attend “if invited” but it says he may visit if it is of national importance.

Therefore, section 67 is completely irrelevant in discussing the power of NASS to invite President Buhari

  1. Does section 308 of the Constitution prohibit president from being accountable to the citizens? No it does not. He owe them a duty to give explanation on security State of the nation.
  2. Is the argument on the power of NASS to summon or invite President Buhari necessary? It is not. Such argument is capable of distracting people from asking president to secure his citizens.

11.
Should the argument continue? No. People should contrate on putting pressure on Buhari to fulfill the mandate given to him, i.e security and welfare of people should be on his priority list.

                          ✍
    O. G. Chukkol, ACIArb (UK)
             Final Year Student, 
               Faculty of Law,
                   ABU, Zaria
    [email protected]
               08032470318
           December 13, 2020

Makinde Launches HeForShe Initiative in Oyo

Governor Seyi Makinde of Oyo State on Friday, declared that his administration will continue to engage more women and Persons Living With Disabilities (PLWDs) in his government.

The governor stated this while receiving the Minister of Women Affairs and Social Development, Dame Pauline Tallen, who was on an advocacy visit to his office, at the Courtesy Room of the Governor’s Office, Secretariat, Agodi, Ibadan.

The statement added that the governor equally launched the HeForShe initiative in the state, saying his administration has been doing its best in empowering women and catering to the vulnerable and disadvantaged groups.

He said: “In Oyo State, if you go to the Secretary to the State Government’s Office, and you see the pictures of past SSGs, this will be the first administration to appoint a female as SSG.

“At the local government level, there are many women in the caretaker committees, because we insisted that there must be, at least, one female and one physically challenged among the members of the caretaker committees. We are actually doing our best.”

The governor stated that his administration has reduced the number of out-of-school children by cancelling school fees and levies, noting that school enrolment has improved by 10 per cent since the inception of the government.

He added: “Here, we have a Commissioner for Women Affairs and Social Inclusion, because we are not just talking about women affairs; people that are disadvantaged, the groups that have visibly been forgotten or are being left behind, we bring them in.

“Some of the data from the United Nations about Oyo State before we came in showed that we had issues with out-of-school-children. And when I was campaigning, one thing that we found out was that the money they were paying in schools was a hindrance to some of them attending school. So, we removed that and the government has been giving subventions to schools in place of the levy on parents.

“I believe that with the data that we have right now, enrollment has gone up by over 10 per cent since we came in.

“So, we have done quite a lot in terms of social inclusion, by engaging disadvantaged groups and even on the “HeforShe” on the health side. I am sure if you have the chance to meet with the Commissioner for Health, he will tell you about the T’omo T’ìyá Programme, which we just launched a few weeks back.”

While launching the ‘HeForShe’ project, Governor Makinde expressed the readiness of the state to partner  the Federal Ministry of Women Affairs and Social Development on the development of women in the state.

“This case you just mentioned, we will look into it and we want to partner you. You are on an advocacy visit and I am an advocate. So, we will all join-in, because we know and I personally have seen tremendous capacity from the women members of this cabinet. They are here not only because they are women but because they are qualified and they have the necessary prerequisite skills and temperament.

“Part of the advocacy is to get more women to participate. I can tell you that we were looking for women for positions but usually it takes us some time; political positions as well.”

The governor urged women to boldly participate in politics so as to contribute their quota in uplifting the country, saying: “We have to encourage them and we have to sanitise our political space itself such that violence and all the negative things that are acting as drawbacks in women participation will give way.”

Earlier, the Minister of Women Affairs and Social Development, Tallen, said the visit was aimed at discussing issues that affect women, girls and boys in the state and the Nigeria society in general.

She said: “Your Excellency, I am very delighted to be in the state and to pay you this special advocacy visit aimed at discussing issues, which in my opinion, are critical to the development of women, girls and boys in the state and the Nigeria society in general.

“It is my hope that this visit will further stimulate partnership between my Ministry and the state in the provision of better services and enabling environment for the advancement, empowerment, protection and participation of the teeming population of women and girls, including the survival of children and other vulnerable groups in the state.”

She commended the governor for supporting women and promoting women’s rights, empowerment and advancement in the state, adding that Makinde deserves commendation for appointing a female SSG, a female Head of Service and two female commissioners.

She added that five permanent secretaries, Director-General of Due Process and others were among the women in top positions in the state, saying, however, that “we are still asking for more because women deserve more than these.”

She further said: “From the response of the governor, I am fully satisfied that a lot more appointments will come soon, starting from the local government levels to the state. And I wish Oyo State all the best. There will be more progress and development if more women are engaged in governance as well as the support for our children to receive the necessary support they deserve.”

Review Anti-banditry Tactics – Zamfara Emir to Govts

Abuja (Sundiata Post) -. Chairman of Zamfara Council of Chiefs, Alhaji Attahiru Ahmad, has urged governments at all levels to change their tactics and approach in the fight against armed banditry.

The emir made the call on Saturday, while speaking over last Friday’s attack on the Emir of Kaura-Namoda, Maj. Sanusi Muhammad (rtd), along Zaria-Funtua road as a result of which three police escorts and five palace aides on the convoy were killed.

Attahiru, who is also the Emir of Anka, said, “it seems these acts of banditry have defied all solutions available to us and the bandits have continued to kill people on the roads, in towns, in villages and anywhere and at anytime.

“No one is safe anymore, therefore, people should be allowed to carry arms and defend themselves, the emir stated.

On the peace and reconciliation programme initiated by governor Matawalle in which bandits willing to lay down their arms were invited and encouraged to do so, the emir said one could only dialogue with people who had a cause.

“These bandits do not have any cause for which they want to achieve, they are purely criminals engaged in robbing, maiming and killing innocent persons with no remorse, so there is no point to dialogue with them.

“They should be engaged with the same force and unless serious measures are taken against them, they will continue these bad acts with the feeling that they have an upper hand,” he said.

SARS Brutality: Lagos Panel Summons Ex-Police PRO, Dolapo Badmus

The Lagos State Judicial Panel of Inquiry and Restitution for Victims of SARS related Abuses and Lekki Toll Gate incident has summoned the former spokesman of the Lagos State Police Command, Dolapo Badmus.

Ms. Badmus was summoned after a petitioner, Olajide Fowotade alleged that the ex-spokesperson is aware of an offence committed against him by a member of the defunct SARS.

During his submission to the panel on Saturday, Mr. Fowotade said Ms Badmus reached out to him after a media report on the offence committed on him by the police officer he identified as Ayo Odudu.

Mr. Fowotade claimed that the officer knocked out his teeth during an altercation.

The panel then ruled that a summon will be issued to compel Ms. Badmus to come before it and say what she knows about the matter.

The case was adjourned till January 15 when Ms. Badmus is expected to appear before the panel.

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