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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]

As Long As You Are Alive, You Have Enemies -Pastor Adeboye

By Ayo Arowojolu

Pastor Enoch Adejare Adeboye, General Overseer of The Redeemed Christian Church of God(RCCG), has shared a top secret behind his ministerial exploits, accomplishments and his many heroic victories in life.

How do you recognize the appearing of Pastor Adeboye when it is time to minister, if you are listening to his preaching on radio? Here is it: LET SOMEBODY SHOUT HALLELUYAH!

This is the cleric’s opening phrase always, once he steps on stage.

In yesterday’s edition of OPEN HEAVENS, the RCCG’s Daily Devotional and Meditation book, the man of God explains reasons why he does not make it a practice to always want to bind Satan, demons and his many forces of darkness.

Hear him: The Bible says in Psalm 68:1: Let God arise, let His enemies be scattered: let them also that hate Him flee before Him.

“How do you make God arise? Through praise and worship* . Psalms 22:3 says He inhabits the praises of His people. In other words, when one of His children is praising Him, He will get up to stay with the fellow.

“As He is rising, all the enemies of that fellow will scatter. That is why I don’t lead people in prayers to bind demons before every service. Instead, I say ‘Let somebody shout Halleluyah’

“The moment God hears us shouting Halleluyah, He arises to come to our midst and all our enemies scatter.”

Adeboye who is fondly called Daddy G.O. also quoted from the Book of Exodus, chapter 23, verse 22: But if thou shalt indeed obey his voice, and do all that I speak; then I will be an enemy unto thine enemies, and an adversary unto thine adversaries

The holiness preacher continued the sermon: “It is always funny to me when I meet people who think they do not have enemies. As long as you are alive, you have enemies. If you think because you have nothing for anyone to envy, you don’t have enemies, it means you have not yet read Proverbs 14:20 which says that the poor is hated by his own neighbour.

“If because you are rich and successful, you think that you have no enemies, you must be joking.

“Many years ago, one first-class chief invited me to his palace and he said I don’t know why I have so many enemies; can you help me? I responded ‘Your majesty, everybody wants to be number one.’

“Only a few people pray for the person who is in the number one position.
Thank God because while the enemies are plotting at night, you have a God who never sleeps nor slumbers watching over you.

“Even though you have enemies, I don’t want you to worry about them because your God is bigger than them all put together.

“In Psalm 23:5, David said: Thou preparest a table before me in the presence of mine enemies: thou anointest my head with oil; my cup runneth over.”

“God prepares your table not behind, but in the presence, of your enemies. The enemies were there, they were alive, but God paralyzed them. They could not come near David. This is because David knew how to use the most potent weapon against enemies praises to God.

“In 2 Chronicles 20: 21 – 22, when three great enemies came against Jehoshaphat, all he and his people had to do was to praise God and the enemies helped kill one another.”

Adeboye’s key point to round up the meditation sermon is: “Everyone has enemies, but the enemies of those who praise God are powerless”

The hymnal for the day was titled: MY HOPE IS BUILT ON NOTHING LESS.

Insecurity: Governors are frustrated, says Fayemi

Ekiti State governor, Dr Kayode Fayemi has said governors are frustrated over the security challenges facing the country.

The governor stated this on Tuesday when he led some governors on a condolence visit to their Borno state counterpart, Babagana Zulum, over the recent Boko Haram attack in the state.

Fayemi, who is the chairman of Nigeria Governors’ Forum (NGF), said the military is overwhelmed in handling Nigeria’s security challenges, adding that efforts to tackle insecurity must involve local communities.

A statement on Wednesday by Fayemi’s Chief Press Secretary, Gbenga Oyebode quoted him as saying the killing of 43 farmers over the weekend by insurgents is “beyond any imagination.”

“It was a massacre and it was one that none of us could come to terms easily with.

“The reality we can all say, and I personally as security scholar, the reality I can see is that our military is overwhelmed. Our military is no longer in a position to single-handedly tackle this menace effectively.

“It is not a criticism of our military, if one were to suggest a coalition beyond that will even include our neighbouring countries, who are probably more experienced in fighting an asymmetrical war. It will not be a loss of our pride as a country,” the governor said.

The NGF chairman said the governors were in Borno as “an expression of our own frustration.”

“We can’t bring back the people we have lost in the last couple of days, but if we do not take the necessary steps the entire nation will be consumed by this insurgency,” Fayemi added.

At the weekend, Boko Haram insurgents struck in Borno, killing more than 40 farmers in a community, about 20 kilometres from Maiduguri, the state capital.

A curator’s museum is filled with looted African art. Now he wants it returned

The Kingdom of Benin took centuries to build and just a few days to raze to the ground.In February 1897, British forces stormed the ancient kingdom’s capital city with rockets, shells and Maxim guns capable of firing 600 rounds per minute. A flotilla of warships joined the assault from adjacent waterways.Benin’s defenders, fighting with blades and muskets, were swiftly massacred. The British burned the city and built a golf course on the ruins.Victorious soldiers also looted thousands of precious artifacts from shrines and palaces. Within months the “Benin Bronzes” were on display at the British Museum in London.

Haul of loot from Benin including carved ivory tusks.

Haul of loot from Benin including carved ivory tusks. Credit: Pitt Rivers Museum

Museum as a weapon

The bronzes, which are mostly made of brass, tell a story of life in the royal court through finely-crafted renderings of kings, warriors, hunters with wild animals, and foreign explorers.The treasures of Benin are now scattered across 160 museums — and many more private collections — around the world. Some of the bronzes are considered to be among the finest and most valuable African artworks, with single pieces selling for millions of dollars.Geoffrey Robertson: It’s time for museums to return their stolen treasuresAs a curator at the Pitt Rivers Museum of the University of Oxford, Dan Hicks presides over one of the world’s largest collections ofartifacts looted from Benin.But in his unsparing new book, “The Brutish Museums,” he makes a case for their return, while calling for greater honesty in the telling of colonial history and the enabling role played by museums like his own.Hicks says his position was partly informed by the “Rhodes Must Fall” movement, which erupted in South Africa in 2015 and spread to the University of Oxford, where he serves as a professor of contemporary archeology. Students demanded the removal of a statue of colonial tycoon Cecil Rhodes within a wider “decolonization” campaign that denounced the Pitt Rivers Museum as “one of the most violent spaces in Oxford.”

A demonstration takes place opposite a statue of Cecil Rhodes at the University of Oxford.

A demonstration takes place opposite a statue of Cecil Rhodes at the University of Oxford. Credit: Christopher Furlong/Getty Images Europe/Getty ImagesHicks accepts the charge. The museum was a “weapon” — as integral to imperial domination as the Maxim gun, he writes — that was used to “legitimize, extend and naturalize new extremes of violence within corporate colonialism.”Exhibitions reduced cultures to trophies in glass cases in order “to tell the story of the victory of Europeans over Africans,” he said in a phone interview. They were used “to inspire colonial administrators and soldiers … who fought these wars and thought they were doing so in the name of civilization.”The bronzes were feted as masterpieces but they were presented as the work of inferiors. Hicks quotes one British Museum curator saying that he was “puzzled to account for so highly developed an art among a race so entirely barbarous as were the Bini,” referring to the ethnic group — also known as the Edo people — that founded the Kingdom of Benin.The author draws a parallel between these colonial-era art displays and the pseudoscientific exhibitions that compared fake skulls as evidence of racial hierarchiesandwere phased out afterWorld War II due to their association with fascism. He believes the ongoing display of looted heritage amounts to a continued celebration of violence and white supremacy.

Benin Bronzes on display at the British Museum, which holds the world's largest collection.

Benin Bronzes on display at the British Museum, which holds the world’s largest collection. Credit: Dan Kitwood/Getty Images Europe/Getty Images

Clear-cut case

Hicks’ book focuses on the Benin Bronzes, as he believes they represent an indisputable case for restitution, which Nigeria has sought since its independence from the British Empire in 1960. (The Kingdom of Benin is located in what is now the southern Nigerian state of Edo.)Drawing on accounts from soldiers and British officials, the author dismantles myths to tell a story of brutality and greed. Officially, the “punitive expedition” of 1897 was a response to an attack on a convoy led by Captain James Phillips, consul-general of the Niger Coast Protectorate, a month earlier. Phillips and several of his men were killed by Bini troops while on a missionto, ostensibly, lobby the king of Benin over access to the valuable palm oil and rubber in his territory.But documents from Protectorate leaders show plans for a punitive expedition were discussed as early as 1892. Phillips himself had written to Prime Minister Lord Salisbury requesting weapons for an invasion of Benin to ease the flow of commerce. In this light, Hicks argues the mission was designed to provide a pretext for attack. He also shows that such a large British force, which he estimates at around 5,000 men with 10 warships and 38 Maxim guns, could not have been assembled in the month between expeditions.

A meeting between Benin chiefs and Vice-Consul Henry Galway of the Niger Coast Protectorate in 1892. The British wanted palm oil and rubber from Bini territory, and plotted to depose the king over restrictions on trade.

A meeting between Benin chiefs and Vice-Consul Henry Galway of the Niger Coast Protectorate in 1892. The British wanted palm oil and rubber from Bini territory, and plotted to depose the king over restrictions on trade. Credit: Eliot Elisofon Photographic Archives, National Museum of AfricanArt, Smithsonian InstitutionThe destruction of Benin was celebrated in British newspapers, and soldiers received medals for their role in it. But Hicks disputes their supposed heroism. Accounts from military leaders describe indiscriminate slaughter from a safe distance, while warships destroyed towns and villages along their route. Eight British deaths were reported to the Houses of Parliament but no effort was made to tally Bini losses, despite inquiries from ministers.The loss of heritage was also incalculable. The earthworks of Benin were once an archeological marvel comprising a 16,000-kilometer network of walls that formed one of the world’s largest man-made structures. They were — along with palaces, homes and religious sites — reduced to rubble.British officials and museums downplayed the destruction and claimed damage was accidental. This is contradicted by the systematic approach Hicks reveals in soldiers’ diaries. “Work to be done Saturday February 20th,” wrote Captain Egerton, chief of staff for the expedition. “Walls and houses to be knocked down. Queen Mother’s house to be burnt.”Officially, looted artifacts were sold to pay the expedition costs. But Hicks cites a curator at the British Museum who later admitted much of the take was “shared out carefully among the officers.” A museum catalog revealed that bronzes were acquired “via the liquidation of estates of old soldiers.”

Altarpiece taken from Benin by Admiral George Leclerc Egerton, now at the Pitt Rivers Museum.

Altarpiece taken from Benin by Admiral George Leclerc Egerton, now at the Pitt Rivers Museum. Credit: Pitt Rivers Museum/Dumas-Egerton Trust

Growing movement

While Benin’s experience may have been exceptional for the scale of destruction and the heritage lost, Hicks situates it within the routine practice of colonial pillaging during the “scramble for Africa,” as imperial powers carved up the continent into separate spheres of influence from the late 19th century to the breakout of World War I.People are calling for museums to be abolished. Can whitewashed American history be rewritten?Throughout this period, many prized African artifacts arrived in Western museums via violent conquest, from sculptures taken by France in the sacking of Abomey, to the gold looted by British soldiers from the Asante Empire.Hicks challenges museums like his to address and reject rather than defend the legacies of colonialism in their collections. “The Brutish Museums” is especially timely, as calls for the reclamation of stolen heritage grow louder in the wake of the Black Lives Matter movement. Activists have taken direct action to reclaim lost treasures, anddispossessed nations have escalated long-running campaigns.The message is being heard around Europe. Germany recently established guidelines for restitution. The 2018 Sarr-Savoy report, commissioned by the French government, meanwhile found that 90%of the “material cultural legacy” of sub-Saharan Africa lies outside the continent and recommendedthat artifacts in France — a total of around 90,000 pieces — be made subject to return upon request.But action has been slow to materialize. France has thus far authorized the return of just 27 pieces to Benin and Senegal. European museums have offered loans rather than permanent returns, while Nigeria’s government has resorted to buying Benin Bronzes at a premium from auctions.Hicks blames intransigence from museums. “As a sector, our leadership has tried to sweat this one out,” he said, while his book invitesreaders to help break the impasse by joining the movement for restitution.

The Quai Branly Museum in Paris holds the largest collection of African heritage artifacts in France. A government report has recommended these be made subject to restitution.

The Quai Branly Museum in Paris holds the largest collection of African heritage artifacts in France. A government report has recommended these be made subject to restitution. Credit: FRED DUFOUR/AFP/AFP via Getty Images

Resisting returns

Arguments against restitution have evolved since 1981, when the British Museum reportedly claimed the Benin Bronzes were acquired legally as “the British were the legitimate authority.”More recently, curators have argued that they are better placed to showcase cultural heritage. In 2003, the British Museum’s director made a case against returns on the basis that artifacts should be “housed in safety, conserved, curated, researched, exhibited and made available to the widest possible public.”The British have also previously resisted requests to loan bronzes to Nigeria, claiming the pieces were too fragile to travel. Concerns have been raised about the standard of facilities to house the bronzes — although the British Museum has recently helped secure funding for a new museum in Benin City, Nigeria.Hicks notes that bronzes preserved for centuries at Benin’s royal court have only been lost, neglected or destroyed since arriving in London. His research led to the discovery of sculptures abandoned in broom cupboards and used as doorstops, and ivory artifacts repurposed as piano keys and billiard balls.French curators have pushed back against the Sarr-Savoy report’s recommendations, which could leave much of their collections vulnerable to restitution. The authors say such fears are unwarranted, andthat claims will likely focus on a small proportionof objects with “high symbolic value.”Museums cite de-accession laws that prevent them fromdispersing their collections. But Hicks’ analysis shows that hundreds of bronzes are held outside of national museums governed by such laws. He argues that national museums should establish a restitution framework for colonial loot similar to the Washington Principles, which require museums to pro-actively identify and return art that was taken by the Nazis.Curators have also suggested compromises such as adding context about how items were acquired to their exhibits. Director of the V&A, Tristram Hunt, recently wrote in Prospect magazine that he had changed how the museum presents items from the Asante Empire so as to “explain their place within the ugly history of imperial trophy hunting.”

Ghana has sought the return of gold looted from the Asante empire. British museums offer a compromise of adding new context to such exhibits.

Ghana has sought the return of gold looted from the Asante empire. British museums offer a compromise of adding new context to such exhibits. Credit: WIKI COMMONS/Picasa

The road ahead

Hicks dismisses “relabeling” as a superficial ploy to avoid questions of ownership and meaningful action. He hopes to eventually see museums “where nothing is stolen, where everything is present with the consent of all parties.”This should begin with curatorial work for African collections that has long been neglected, he said, in order to establish exactly which pieces are held where. His book features an inventory of Benin Bronzes in an attempt to track down those that are still missing. Hicks also plans to create databases for other lost works, and he has launched a project to document cases of looting on military expeditions.Where an item’s provenance is established, the author and curator suggests that restitution claims proceed on a case-by-case basis through dialogue between claimants and museum trustees. Where objects are not sought for immediate return, a transfer of ownership could signal recognition of their origin in lieu of restitution.The priority for European curators should be to enable African scholars to study African heritage, hesaid, arguing that the progress of museums across the continent, from Dakar to Benin City, is a trend to be supported rather than obstructed.Hicks also believes Western museums can still play an important role providing education about the world’s cultures, but only if they embrace radical change.”The consequence of ignoring these questions is losing our social legitimacy,” hesaid.The Brutish Museums: The Benin Bronzes, Colonial Violence and Cultural Restitution,” published by Pluto Press, is available now.

Police Act 2020 Full Of Prescriptions, Lacks Accountability Framework, Says NBA President, Akpata

The President of the Nigerian Bar Association (NBA), Mr Olumide Akpata, has called for better ways to hold erring police personnel accountable for their actions in the country.

He made the call on Thursday during his appearance on a Police Reform Townhall organised by the Policy and Legal Advocacy Centre (PLAC), in collaboration with Channels Television.

Akpata believes while the efforts to pass and sign the Police Act 2020 into law are commendable, the Act lacks some vital components.

“In this new Act, there does not appear to be a clearly laid out accountability framework and that for me, is a major concern.

“The Act is full of prescriptions; it is loaded with prescriptions as to what standard operational procedures should be regarding policing,” he said.

The NBA president added, “There are no consequences for bad behaviours and rules that govern how a policeman will be held accountable for their actions.”

He stressed the need for grassroots policing, saying it was important for the police to gain the trust of the citizen who they protect.

Akpata advised the police authorities to lead the enlightenment campaign aimed at educating the people as to what their rights were, as contained in the Act.

He stated that this was important in gaining the people’s trust, as the implementation strategies for the Police Act 2020 would determine its success.

The legal practitioner said, “The ever-widening trust deficit between the police and the citizens that they are meant to be protecting; speaking as a lawyer, I also know that this cynicism is a function of even just the relationship between the police and lawyer, you will be shocked to find out how abysmal that relationship is at the moment.”

“The trust between the police and even the lawyers has broken down, not to talk about police and the citizen.

“I am hoping that if we get those implementation strategies right, we should be able to arrive at our promise land,” he added.

EndSARS: Sanwo-Olu Pays N60M Compensation To Families Of Slain Police Officers

…Earmarks N37.8 Bn to public order and safety in 2021
…Kidnapping cases reduce in Lagos, CP

Lagos State Governor, Mr. Babajide Sanwo-Olu has compensated the families of six police officers lynched in Lagos State in the wake of the violence that trailed the recent nationwide EndSARS protests with N10 million each, totaling N60 million.

The compensation was in fulfillment of the state government’s pledge made during an earlier meeting with police officers at the state police command.

As part of the promise to the families, Sanwo-Olu also announced scholarship awards to the children of the deceased officers up to the university level.

Sanwo-Olu presented cheques to the wives and children of the slain officers at the 14th Town Hall meeting on security, held at Civic Centre, Victoria Island on Thursday.

The yearly event with the theme: “Lagos Security: Resilience in the Face Adversity”, was organised by the Lagos State Security Trust Fund, LSSTF.

The late police officers are: Yaro Edward, an Assistant Superintendent of Police (ASP), Inspector Ayodeji Erinfolami, Inspector Aderibigbe Adegbenro, Inspector Samsom Ehibor, Sergeant Bejide Abiodun and Inspector Igoche Cornelius.

Sanwo-Olu described the slain officers as “heroes”, saying the deceased sacrificed their lives to secure lives and properties in the State.

He said the compensation was the state government’s modest reward for their gallantry, stressing that the gesture would help the families to heal from the loss.

According to the governor, “Some of our gallant police officers paid the supreme price for our security and safety during the recent EndSARS protests. These are the officers deployed to protect our families from hoodlums but they were lynched in the violence. Today, I am happy to announce and present N10 million compensation through LSSTF to each family of the officers. All their children have also be placed on scholarship up to university level, courtesy of the State Government.”

Sanwo-Olu, at the event also received the report of security activities across the state in the last 12 months from Commissioner of Police, Mr. Hakeem Odumosu, expressing his delight at the downward trend observed in sophisticated crimes, such as kidnapping and armed robbery, in the last one year.

As Lagos embarks on rebuild effort, Sanwo-Olu reiterated that security would remain a top priority for his Government. He noted that Lagos was on the verge of bridging technological and logistical gap in its security architecture before the violence that trailed EndSARS protest erupted.

The coordinated arson of the past weeks, the governor said, had necessitated the need to tighten security across the state, giving assurance that his administration would invest more in intelligence-led policing and improve operational capacity and welfare of personnel serving in Lagos.

He said: “We must sustain the steady progress Lagos has recorded in security of lives and businesses. The issue of security is a shared mission. The more we are able to engage the citizens, the better we will become at nipping crimes in the bud. Our Government will continue to proactively engage all stakeholders as part of ongoing exercise to address all security concerns.

“We have taken proactive measure of making the necessary budgetary provision for security. We will be committing N37.8 billion to Public Order and Safety in 2021 because we fully understand the correlation between development and security.

“We will stop at nothing to flush out criminal elements whose sole aim is to foment chaos and perpetrate crimes. Lagos will offer no hiding place for bandits and criminals.”

Sanwo-Olu disclosed that the Government would be committing funds to social protection to address contributing factors to crimes, including substance abuse, unemployment and poor education. He said the State remained focused on addressing issues that led to recent youth agitations, adding that programmes would be rolled out to cultivate young people’s trust and get them to embrace participatory governance.

Odumosu, in his extensive report, said his men rose to the occasion of effectively combating crimes in Lagos because of constant logistics supplies from the State government.

Giving the breakdown of crimes recorded in Lagos from October 2019 to last September, Odumosu said the Command foiled 273 cases of armed robbery, arresting 1,181 robbers in operations. He said 27 robbers were killed in the encounter during the period.

The police boss said the state recorded a sharp decline in kidnapping in the past year, an effort he linked to improved intelligence-driven operations. He, however, said cases of cultism and drug abuse were on the rise, promising to beam focus to the issues.

Executive Secretary, LSSTF, Dr. AbdulRazaq Balogun, observed that there was a decline in donations to the Funds in the current year, a factor he linked to the outbreak of Coronavirus (COVID-19) pandemic and establishment of similar trust funds agencies by other States.

He said LSSTF had provided 90 patrol vehicles and six units of outboard engine boats for security operations across the State in addition to logistics support provided for the personnel.

Clinton, Bush And Obama Will Take Coronavirus Vaccine And Might Film It To Build Confidence

Former US presidents Barack Obama, George W. Bush and Bill Clinton are volunteering to take a coronavirus vaccine on camera if it will help promote public confidence.

Obama, in an interview with SiriusXM radio, said he would be inoculated if top US infectious disease expert Anthony Fauci signs off on a Covid-19 vaccine.

“If Anthony Fauci tells me this vaccine is safe, and can vaccinate, you know, immunize you from getting Covid, absolutely, I’m going to take it,” Obama said.

“I promise you that when it’s been made for people who are less at risk, I will be taking it,” he said.

“I may end up taking it on TV or having it filmed, just so that people know that I trust this science, and what I don’t trust is getting Covid,” Obama said.

Freddy Ford, Bush’s chief of staff, told CNN the former president also wanted to help promote vaccination.

“First, the vaccines need to be deemed safe and administered to the priority populations,” Ford told CNN.

“Then, President Bush will get in line for his, and will gladly do so on camera.”

Angel Urena, Clinton’s press secretary, told CNN the former president would also be willing to take a vaccine in public on television

Vaccines developed by Pfizer-BioNTech and Moderna-NIH are expected to be approved by US authorities shortly and a top science official said Wednesday the United States hopes to have immunized 100 million people by the end of February.

AFP

We Are Working On Diezani’s Extradition, EFCC Tells Court

The Economic and Financial Crimes Commission (EFCC) told a Federal High Court in Abuja on Thursday that it has taken steps to execute the summons issued to compel the appearance of the fleeing ex-Minister of Petroleum Resources, Diezani Alison-Madueke.

EFCC’s lawyer, Farouk Abdullah told the court, at the mention of a charge the commission filed against Diezani, that his agency was working on ways to ensure the full execution of the order made by the court.

The court made some orders on the last date that this matter came up.

“The prosecutions have taken steps to ensure that the orders are complied with, but that has not come to fruition yet. But steps have been taken.

“In view of this, may I humbly apply that this matter be adjourned to enable the prosecution comply fully with the orders of the court,” he said.

In view of Abdullah’s application, Justice Ijeoma Ojukwu adjourned till March 3 next year for report of compliance with the orders or arraignment of the ex-Minister.

The judge had, in July this year, acceded to the request made ex-parte by the EFCC for the issuance of summons on Diezani for her to attend court for the purpose of her arraignment on the charge marked: FHC/ABJ/CR/208/2018.

To ensure that Diezani, said to have fled Nigeria for the United Kingdom (UK) was aware of the invitation, Justice Ojukwu ordered that the court’s summons be published on the website of the EFCC and a national daily in a conspicuous manner.

The judge however rejected a further request by the EFCC on October 28, this year for the issuance of an arrest against Diezani.

Justice Ojukwu noted that the EFCC failed to show before the court, with affidavit evidence, that the earlier summons issued failed to achieve its purpose despite the agency’s efforts.

The judge recalled that the EFCC had informed the court that the office of the Attorney General of the Federation (AGF) indicated that the arrest warrant was needed to further give the international police (INTERPOL) the impetus to bring the defendant to Nigeria to answer to charges against her.

The judge directed the EFCC to put its house in order in its handling of the case because court orders were not made in vain.

Families of Slain Rice Farmers Get N600,000 Each

Families of the 48 farmers killed at a rice field in Borno State have been given N600,000 each by Borno State Government.

The bereaved families were also given bags of food items by a committee assigned by Governor Babagana Zulum to share donations received on their behalf.

The funds came from combined support of N20m by the northern governors forum, and N5m by the North East Development Commission (NEDC).

The Committee chaired by Borno’s Commissioner for Youth and Sports, Saina Buba, carried out Thursday’s distribution in Zabarmari.

Also in the Committee are a member of the House of Representatives representing Jere federal constituency, member of Borno Assembly representing Jere, two Special Advisers and chairman-elect, for Jere local government area.

Zabarmari, where the victims lived, is located in Jere, central part of Borno State.

A total of 13,000 Bag of rice, maize and beans, 1,300 cans of vegetable oil, 2116 cartons of seasoning cubes, 1,083 tomato and 650 sachet of salt which were donated by the Federal Ministry of Humanitarian Affairs, Disaster Management and Social Development were also distributed.

Buba noted that the N600,000 cash and food items to each family were not compensation for the death of their loved ones, but to reduce hardship resulting from gaps in access to livelihoods created by the death of mostly male victims, who were breadwinners of those affected.

TIPS