Home Blog Page 1171

Rtd General Sues Nigerian Army Over Alleged Compulsory Retirement

Retired Brig.-Gen.Abubakar Sa’ad on Tuesday dragged the Nigerian Army before the National Industrial Court, Abuja, challenging his alleged compulsory retirement.

The other co-defendants in the suit are the Chief of Army Staff, Chief of Defence Staff, Minister of Defence and the Nigerian Army Council.

The claimant’s counsel, Mohamned Adelogun, told the court that the matter was slated for mention.

The counsel further informed the court that the matter was first filed on Sept. 7,2016, but was however struck out on Sept. 16, 2017 in a ruling.

Adelogun stated that the ruling was as a result of the preliminary objection raised by the defence on ground that the claimant failed to comply with the provisions of the Armed Forces Act, before instituting the suit.

According to the counsel, the claimant appealed the ruling at the Appeal Court in 2018 and in a ruling delivered on June 18,2020 set aside the ruling of the trial court.

Adelogun in addition said the Appeal Court accordingly ordered that the case be readmitted back to the NICN for reassignment.

He equally informed the court that they had been served with another preliminary objection by the defence stating lack of jurisdiction as the case had already been decided.

He stated that he had just filed the response to the preliminary objection, a motion to amend the claimant’s claims and apologized to the court for filing out of time.

Adelogun proceeded to seek for an expeditious hearing of the suit by citing Order 18, Rule 3 of the NICN proceeding, urging the court to take the preliminary objection together with the substantiative suit.

The defence counsel, Timileyin Kehinde also affirmed that the claimant’s counsel had been served the preliminary objection, however were yet to receive their response.

Kehinde also objected to the application of Adelogun for the court to take the preliminary objection together with the substantiative suit.

The judge, Justice Benedict Kanyip in his ruling said that the claimant’s counsel needed to adopt the procedures that would allow the court to take the preliminary objection together with the substantiative suit.

The judge therefore said the prayer and application to take them together was not granted.

He however directed that Adelogun serve the defence counsel a copy of his reply to the preliminary objection right in the court.

Kanyip also adjourned the matter until Nov.24, for hearing of the preliminary objection.

Sa’ad in his relief, is seeking a declaration that his purported compulsory retirement dated June 9, 2016 is null, void and of no effect whatsoever and inconsistent with the relevant provisions of the Constitution of the Federal Republic of Nigeria 1999, the Armed Forces Act Cap A20 LFN 2004, the Nigerian Armed Forces Harmonized Terms and Conditions of Service 2012 and the Manual of Military Law 2015.

The claimant is also seeking for an order setting aside the purported compulsory retirement and compelling the defendants to reinstate him as an officer of the Nigerian Army with all the rights,privileges and perquisites attendant of his status as a Brigadier General of the Nigerian Army or such next rank ( being the rank of Major General) which he claimed is entitled to assume in all its ramification.

In addition, he is also seeking an order of the court, compelling the defendants to effect and implement its Promotion Board exercise of 2015 which considered him for promotion to the rank of Major General and to accord him all the rights, privileges, interests, salaries, allowances and other perquisites of the rank to the date of determination of the suit and subsequently thereafter.

Sa’ad in his Statement of Facts, said he was commissioned on Dec. 20,1986 as a member of the regular course 35, and was compulsorily retired on June 9, 2016 after 32 years of service when he had not attained the mandatory age of 60 years for retirement, neither had he spent 35 years as stipulated by the defendant’s governing laws.(NAN)

Court Fixes Feb. 24, 2021 To Hear Whistleblower’s N100m Suit Against ICPC

the Federal High Court, Abuja, has fixed Feb. 24, 2021, for hearing in a N100 million suit filed by a whistleblower, George Davidson, against the ICPC.

Justice Nkeonye Maha , who adjourned the matter in her ruling, hinged the decision on the fact that parties in the suit had yet to be joined.

Also joined in the N100 million suit is a civil servant, Regina Davidson.

The News Agency of Nigeria (NAN) reports that Davidson, through his lawyer, A. O. Osawaru, filed a motion on notice dated Oct. 19 for the enforcement of his fundamental rights against his alleged illegal detention by officers of the ICPC.

He was said to have been detained in the commission cell on Oct. 13 without justification until Oct. 24 when he was moved to a police cell at the Federal Secretariat.

He alleged that he was kept in the cell until Oct. 31 when he was released over an information supplied to the anti-corruption agency, through a non-governmental organisation, about Dominic, a grade level 9 federal civil servant.

While the ICPC is the 1st respondent; Akeem Lawal, an ICPC Director of Operations; Offili Innocent, ICPC Investigator; Maman Kuru, ICPC Investigator; Kontagora Khadijat, ICPC operative; Mrs Regina Dominic and Attorney General of the Federation (AGF) are 2nd to 7th respondents respectively.

Osawaru, in the application, argued that no court had found the applicant guilty of any offence to warrant such detention.

He sought the court’s declaration that the detention of his client by the ICPC and its agents (2nd to 5th respondents), at the behest of Mrs Dominic (6th respondent), was unlawful and unwarranted.

“An order directing the 7th respondent (AGF) to take over and assign the applicant’s petition against the 6th respondent to another anti-corruption agency for a discreet investigation.

“The sum of hundred million naira against the 1st to 6th respondents as damages/compensation for the illegal, unwarranted, unlawful and unconstitutional arrest and detention of the applicant.

The lawyer also urged the court to direct the 1st to 5th respondents to refrain from further actions that could amount to the breach of Davidson’s fundamental rights, among others.

Counsel to the applicant informed the court that the motion on notice was for the enforcement of fundamental rights of his client.

When Justice Maha asked whether an issue had been joined, Osawaru responded that “after the close of work on Friday, we got informed that the 1st defendant filed a counter affidavit and preliminary objection which we have not seen till this moment.”

“But if no issues have been joined, you have to take a date,” the judge said.

“Hope he (Davidson) is not on detention,” Maha asked.

“Upon hearing that the matter is before your honourable court, they released him,” Osawaru responded.

Justice Maha then adjourned the matter until Feb. 24 for consolidated hearing of the substantive motion.(NAN)

Moves to Stop Yakubu’s Reappointment as INEC Chair Thicken, HDP Files Suit Restraining Senate

One of the de registered political parties, the Hope Democratic Party (HDP), has filed a suit in the Federal High Court seeking to restrain the Senate from screening Prof. Mahmood Yakubu as a second term chairman of the Independent National Electoral Commission (INEC).

The suit filed November 12 is before Justice Iyang Ekwo of the Federal High Court 5 in Abuja.

According to a statement signed by Auwal Abdullahi, for the National Chairman of the deregistered Hope Democratic Party, the party wants Senate restrained because the reappointment of Prof. Yakubu did not follow due process and dictates of the 1999 constitution

According to the deregistered party, the reappointment of Prof. Yakubu did not follow the letters of section 154 (3) of the 1999 constitution of the Federal Republic of Nigeria (amended).

The section of the constitution says, “In exercising his powers to appoint a person as Chairman or member of the Independent National Electoral Commission, National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult the Council of State”.

But the party said that there was no record of the meeting of the Council of State where the reappointment of Prof Yakubu was discussed and approval given.

HDP files action against Senate President to restrain any confirmation of former INEC Chairman (Prof. Mahmood Yakubu) until full probe and account of previous term in Office.

The originating summons filed along with motions seeks among others the following reliefs: “A declaration that any Senate confirmation exercise involving the 3rd Defendant (Prof. Mahmmod Yakubu) not including Constitutional requirement for proper scrutiny and audit of records and reports of previous reported low performances to ascertain if he is a person of unquestionable integrity for the purpose of engendering and promoting good government and fight against corruption is ultra vires its constitutional duties, and abuse of its powers and void.

“An order restraining the 1st & 2nd Defendants from considering or confirming the 3rd Defendant (Prof. Mahmmod Yakubu) without public scrutiny, audit/probe of reported poor
performances and lack of accountability of budgeted and donated funds (of 2019 General Election)

“And without first passing into law the long outstanding electoral reform bills frustrated under the 3rd Defendant last term in office to prevent exposing the nation to further negative electoral misfortune, mistrust and perceptions of a chaotic and unstable polity”, the originating summons stated. .

No date has been fixed for the hearing presently.

President Muhammadu Buhari had on October 27 2020 reappointed Professor Mahmood Yakubu as Chairman of the Independent National Electoral Commission (INEC) for another five-year term.
This disclosure was made by the Special Adviser to the President on Media and Publicity, Femi Adesina, in a statement titled, ‘President Buhari nominates Prof Yakubu as INEC chairman for a second term in office’.

The statement had read, “President Muhammadu Buhari has presented the Chairman of the Independent National Electoral Commission, Prof Mahmood Yakubu, for a second term in office.’

Prof Yakubu has since November 9 stepped aside pending his confirmation by the Senate. He handed over the affairs of the commission to AVM Ahmed Muazu as acting chairman.
The new acting chairman will serve in an acting capacity pending the confirmation of Yakubu’s re-nomination or otherwise by the Senate.

#EndSARS: Reps Meet Security Chiefs Over Hijack Of Protest

A special ad-hoc Committee headed by Deputy Speaker of the House of Representatives, Idris Wase, yesterday, met with heads of security agencies over the hijack of the recent #EndSARS protests.

The action embarked on by youths to protest police brutality was taken over by hoodlums who went ok looting and killings.

Speaking shortly before the meeting went into a closed door session, Wase recalled that the House had set up the ad-hoc committee on October 20 to interface with the security chiefs over the hijack of the #EndSARS protests by hoodlums resulting in “security breach.”

According to him, the essence of the committee is to ensure there is peace and harmony in the country.

“This is our first meeting and we are going to take input from the various services. This is a matter that concerns security and no nation discusses its security situation on camera,” the deputy speaker stated.

Chairman, House Committee on Water Resources, Sada Soli, had in a motion “on the urgent need to address the possible breach of national security in the national #endsars protest” expressed concerns that the #EndSARS protest was hijacked by hoodlums.

He prayed the House to constitute a committee to investigate the incidence.

The meeting was attended by the Comptroller General of Nigeria Correctional Service, Ja’afaru Ahmed; Comptroller General, Nigeria Security and Civil Defence Corp, Abdullahi Garba Mohammed, Yusuf Bichi, DG, Directorate of State Service (DSS) and Mohammed Babandede, Comptroller General, Nigeria Immigration Service, while the Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff, Chief of Air Staff and the Inspector General of Police were represented.

Nigerians in Ghana: Fed Govt accuses Ghana of double standard

*Border closure not cause of dispute, says NiDCOM

The Chairman of the Nigerians in Diaspora Commission (NIDCOM), Abike Dabiri-Erewa yesterday denied that Nigeria’s decision to close its borders prompted Ghanaian authorities to clamp down on Nigerian traders working in the West African nation.

Hundreds of shops belonging to Nigerians have been closed in Ghana, prompting calls from some of the traders to be repatriated back home.

The Nigerian Government has intervened in the matter previously. In September, Speaker of the House of Representatives, Femi Gbajabiamila, visited Ghana and met with the Ghanaian President, Nana Akufo-Addo.

Dabiri-Erewa, while being interviewed on a live television programme, said Ghana’s treatment of Nigerian traders was based on a complex of not being able to compete.

She also said the issue has been going on for years, long before Nigeria decided to close its borders.

The closure, Ms. Dabiri-Erewa added, has impacted negatively on the finances and psychological state of many of the Nigerian traders, leading to suicide in at least one case.

“They are not the same thing actually. There’s a reason why borders were closed. You can’t be bringing in small arms and ammunition and all that and Nigeria will not take action.

“We are talking of people that have been living in your country, working very well for years. Now, I’ll ask you something; if it has to do with the borders, why didn’t they send away the big industries in Ghana; we have six banks in Ghana. Why didn’t they tell them to leave, if they are afraid of border closure? There is the gas pipeline going to Ghana, why don’t you cut it off?

“And I think it boils down to this lack of trust and some kind of complex. Because, these Nigerian traders sell their goods at cheaper prices; you know, Nigerians are very industrious. So the reality is that the Ghanian traders say it is really difficult to compete with the Nigerian traders. And they’ve put it in one million dollars to almost impossible for traders to . . . so let’s leave the issue of border closure.

“This thing has been on for years. In New York, three years ago, Mr President, took up with the Ghanaian President, and he gave an assurance that they are sorry about it and will open the shops. Then they open and close again, to their whims and caprices. I’m sure you will agree with me that we can’t continue like this.”

At least three federal ministries will be responding to the issue this week, Ms. Dabiri-Erewa said.

The ministries include Foreign Affairs, Interior, and Trade and Investment.

“The delegation is in Nigeria to tell the government that they want to return,” she said. “And 753 actually signed the document that says they want to return to Nigeria.

“So with this request from them, what is going on now is that the three ministers involved will have been some engagement with them to see what actually should be the next thing.

“Now you’ve said you want to come to your country, so there should be no problem about that. They are Nigerians and we are proud of them and glad to return them home.

“But they must return to something meaningful. Like one of them said to me when they came to NIDCOM office, a lot of them have been there for over 25 years; so just uprooting yourself for not committing any crime – the only crime they’ve committed is that they are very good at their trade, at their jobs.”

The NIDCOM chief added that President Muhammadu Buhari is on top of the situation but was skeptical about the shops being opened before the Ghanaian elections are held in December.

“Let’s face it, the President of Ghana will not want to go against his own citizens,” she said. “And majority of the Ghanaian traders have said ‘we don’t want them’. So after the elections, maybe they will now open. But they will close again. So they can’t be pawns in a game of chess in Ghana.”

Court grants #EndSARS promoter, Eromosele Adene, bail after 10 days in detention

After 10 days in detention, in which time he cooled his heels with security operatives in Abuja, #EndSARS campaigner, Eromosele Adene has been granted bail in Lagos.

Eromz, as he is popularly known, was granted bail on Tuesday with the bail set at N1 million.

He was arrested after operatives tricked his sister, playing the card of religion pretending to be members of her church wanting to deliver a package.

A Magistrate court in Yaba, rejected a request by the police for an order to detain him for another 30 days, to conclude investigations into the allegations against the defendant.

Counsel to the defendant, Mr Adeshina Ogunlana, argued that the facts were not strong enough to support further remand of the defender.

The magistrate said it was important that Eromosele’s fundamental right not be infringed upon in the interest of justice.

Eromosele at an #EndSARS protest venue

Some police vehicles filled with police men left the court premises after bail was granted to Eromosele.

Immediately the bail was granted, a mini-protest erupted from youths gathered around. Recall that Eromosele’s family members were earlier prevented entry into the court.

Poking spikes at Nigerians, Ministers speak off line, Sylva says Nigerians will accept pump price hike

They just always get their communication wrong in times of anger by the populace, at a time many, out of hunger and anger, breached the security of warehouses and looted food and other items.

Minister of Finance, Hajia Zainab Ahmed, said last week that the cost of transportation was at the heart of spiralling inflation, just as government’s deregulation saw the price of a litre of petrol, a core item for transport vehicles, and that determines the open market price of foodstuff, jump to 168 to N170 per litre.

According to the National Bureau of Statistics (NBS), Nigeria’s inflation rate rose by 14.23% (year-on-year) in October 2020 as against 13.71% recorded the previous month.

The October figures indicates a persistent increase in 14 months and the highest recorded since March 2018. Also, on a month-on-month basis, the Headline index increased by 1.54% in October 2020, this is 0.06% rate higher than the rate recorded in September 2020 (1.48%).

Her colleague in the same ministry, but in charge of Budget and National Planning, Prince Clem Ikanade Agba said on Monday that about 50 percent of Nigeria’s children were dying silently as a result of malnutrition.

Now President President Muhammadu Buhari’s deputy in the Ministry of Petroleum Resources, Timipre Sylva, thinks that Nigerians will get used to the deregulation of the pump price of  petrol.

Answering questions from State House Correspondents on Monday, “Look at it, a situation where diesel has been deregulated long ago, a situation where kerosene has been deregulated long ago, and these are the fuels the poorest people in Nigeria interact with more. Why do I say that?

“If you want to transport food from the north to the south, it will be by trucks that are run by diesel, not with petrol. Those trucks that transport food from the north to the south are usually run by diesel.

“Kerosene is the preferred fuel at the lowest level of our society. These have been deregulated long ago. So, what is the problem with deregulating petrol, which is mostly used by the elite?

“Let us be fair to this country, let us be fair to the poor people in this country.
“If we have deregulated what they were using, then there is actually no reason why we should continue to subsidize petrol. I feel so.”

“Let us first agree, that these are not the best of times not only for Nigeria but for the global community.

“What we have said over and over again as a government is that government is no longer in the business of fixing pump price, that is the meaning of deregulation and stepping back on subsidy. Yes we are very aware that this will result to some increase but why do we have to do this, because it is clearly impossible for government to continue to subsidize.

“The money is not there now. Just take the example of our production levels, our crude oil production level was over 2 million barrels a day, today to comply with OPEC cut and quota, we have reduced production to 1.4 million barrels. Having reduced production to 1.4 million barrels, crude oil is also not selling at an optimal rate. Where do you get the money to continue to subsidize?

“I was just discussing with someone today that we just have to make a choice, if government were to continue with subsidy, it means for example that at some point we may not even have money after subsidizing petrol to pay salaries. You have no choice it is very clear that today things are not as they were before.

“The earnings of government has reduced by 60 percent and what is happening in the oil sector reflect what is happening elsewhere. Our FIRS collection has also reduced because less oil is being produced, there is less activity in the oil industry which is driving the economy. So you find out it is a double jeopardy from all sides. I am telling you if Mr President could have continued with subsidy he would have.

“But when you look at the facts before us, it is not possible and of course we are seeing some of the effects but I belive that at this point we are still trying to cross the first buck, we will get there, we will get used to it as Nigerians.

“…The only explanation to everything we have said is the country just could not afford subsidy anymore. It is unfortunate we are experiencing some of these things now. We will get by, I am sure when things stabilize our earnings begin to improve, we will begin to see the benefits of what this government has done.”

“I thought we’ve explained this over and over again and let us please listen to ourselves. Petrol is refined from crude oil, so petrol price is directly related to the price of crude oil in the market.

“So if I buy crude oil at a certain price and refine this month, if the crude price is low at the time, then my petrol price will become low because the feedstock from which I refined petrol was lower in price.

“If the price of crude oil goes up then it means the price of the feedstock has gone higher, it will also affect the price of the refined product and that is why you see that product prices are usually not static, it depends on the price of crude oil, which goes up and down. That is why we say deregulate so that as the price goes up or down, you will begin to go up and down as well at the pump.

“Before now we fixed it, which was not optimal for us as a country, so we said look, our earnings are not fixed because our earnings are dependent on crude oil price. If we fix it at this end then it becomes unsustainable at some point, so let us keep it floating so that if crude oil prices go up, then you’ll see a reflection of that, if crude oil prices go lower, you’ll see a reflection of that at the pump.

“Now what happened recently was because of the announcement of a vaccine for COVID-19 by Pfizer. With that crude oil prices went up a little bit. If you have been following crude oil prices you would have seen that crude oil prices went up a little bit, as a result of this announcement.

“So when crude oil prices go up a little bit, then you will see that it instantly reflects on the price of petrol, which is a derivative of crude oil. That’s why you see that there’s this movement and if we listen to ourselves, this is the same explanation we’ve been giving.

“Like when the pump prices came down, we reduced the pump price because it reflected, we saw that crude prices were lower, so we reduced the pump price when we deregulated.

“Then when the crude prices went up, it went up, when it comes down, it goes down. That is how it works.

“So that is why you will be seeing this, go up and down in the market place. Now we have introduced the alternative fuel, which is gas because we feel that it is important for Nigerians to have another option, which will be cheaper.”

On his part at the flagging off the 2020 Nutrition Campaign Week themed: “Nutrition the Bedrock for Economic Development,” Agba said, “Nigeria’s food and nutrition situation and the attendant poor global image in terms of economic and development milestones are major concerns to the Ministry of Finance, Budget and National Planning.

“This, among others, necessitated the desire to carry out a week-long ‘Nutrition Campaign Week’ conceived to serve as a platform for mobilizing nutrition stakeholders towards addressing the challenge of malnutrition, which has been termed ‘the silent killer’.”

According to the Minister, failure in addressing malnutrition has high costs in term of higher budget outlay as well as lost Gross Domestic Product (GDP),  which he said made investment in nutrition a must do.

Agba regretted that, despite concerted efforts by the government in recent years, particularly in the areas of child nutrition and breastfeeding, malnutrition had remained a challenge which must be addressed through the implementation of innovative policies and strategies that were appropriately funded, data-driven, sustainable and optimized in terms of transparency and accountability for the efforts to yield the desired results.

He maintained that “the nation must also continue to work collaboratively across all levels of governments, and hand-in-hand with the private sector and development partners to tackle the menace.”

Agba said that “the menace has been further accentuated by the new global normal occasioned by the outbreak of COVD-19 pandemic with its attendant economic impact leading to food insecurity.”

He continued: “Nigeria is reported to have the second highest burden of stunted children in the world, with an estimated 2.5 million children under the age of 5 years suffering from severe acute malnutrition (SAM).”

According to him, “This is quite worrisome and calls for urgent measures to reverse the trend.”

He noted that “Over the years, this week-long annual event has proved to be a veritable platform for intensifying awareness on the importance of food and nutrition on child survival and its impact on development, productivity, economic growth and national development.

“This can be attested to by some of the achievements recorded in the past editions of the programme.

“Research has shown that investments in nutrition prevent undernutrition, build human capital, boost shared prosperity and improve health outcomes.

“Under the leadership of President Muhammadu Buhari, Nigeria has shown a clear commitment to the eradication of malnutrition through the adoption and domestication of policies and costed strategic plans, which emphasizes increased reliance on domestic funding; and a well-coordinated multi-sectoral and multi-stakeholders’ approach backed by sustained high-level political commitment.

“This is evident in Nigeria’s Economic Recovery and Growth Plan (2017-2020), a medium-term strategic plan aimed at investing in our people, diversifying the economy and restoring growth, which places critical emphasis on strategic multi-sectoral interventions to address food security and malnutrition.

“Owing to the importance the current administration places on child survival, nutrition is one of the key thematic areas in the Medium-Term National Development Plans (MTNDP 2021-2025 & 2026-2030) and the Nigeria Agenda 2050 presently being developed by our Ministry.”

Agba stated further: “Our emphasis has been on protecting the economy and funding the country’s healthcare needs with the COVID-19 response spurring necessary transformation and innovation in the fiscal space and beyond.”

▪︎ Additional reports by Conclaveng.com

EXPLORING ALTERNATIVE MODES OF ACQUIRING INTELLECTUAL PROPERTY RIGHTS. Copyright: Rita Anwiri Chindah, Intellectual Property Society of Nigeria 2020.

Video Highlights of the Second Session of Intellectual Property Conference 2020 with the Topic : EXPLORING ALTERNATIVE MODES OF ACQUIRING INTELLECTUAL PROPERTY RIGHTS

Date: Oct 30, 2020 05:26 AM Pacific Time (US and Canada)

Zoom Link: CLICK HERE

Passcode: #!%bK459

DON’T MISS IT!!!

Why Lawyers Are No Longer Needed In The Formation Of Companies.

Daily Law Tips (Tip 692) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

 Introduction: 

To have a positive rating on the ease of doing business and to improve its economy, the government of Nigeria has removed certain administrative bottlenecks in the process of formation of business. Business formation in Nigeria, is guided by a federal law (the Companies and Allied Matters Act). Liberating the process of business formation, meant the amendment or repeal (replacement) of an already existing Companies and Allied Matters Act. 

Arguably, on the above assumption and other factors, a new federal law (the Companies and Allied Matters Act, 2020) was made on 7 August 2020, putting to rest the earlier version (the Companies and Allied Matters Act, 1990) and its obsolete procedures. This work will reveal one of the many inventions of the new Companies and Allied Matters Act 2020, this particular invention allows companies and business to be created in Nigeria without the services of legal practitioners, accountants and other professionals. 

Before the New Company Law: 

Prior to 7 August 2020, the Companies and Allied Matters Act compelled all persons seeking to register a company in Nigeria, to engage the services of a lawyer or accountant. In this, a lawyer was expected to make and sign a statement confirming that the persons forming the company have complied with all necessary legal requirements. This led to lawyers being used for the entire processes of formation, management and termination of companies across Nigeria. 

However, this has been argued to be slowing down the pace of business formation in Nigeria and causing too many unnecessary middlemen and high cost. Rightly or wrongly, the above assertion has led to the removal of lawyers, accountants and other professionals from the process of business formation in Nigeria by a new company law, since August 2020. 

 The New Company Law, Lawyers and Other Professionals: 

With the signing into law of the new Companies and Allied Matters Act 2020, by the President of Nigeria, the new company law repealed (replaced) and put to rest the earlier Companies and Allied Matters Act, made since January 2, 1990. 

By the new Companies and Allied Matters Act 2020, any person (including a person forming a company) can make and sign a declaration that all necessary legal requirements of law, have been complied with in the process of forming of a company. This has expressly dispensed and removed the role of lawyers and accountants in making and signing of declarations of compliance. However, where a statement of compliance is signed by a legal practitioner it still acceptable but no longer a mandatory condition. 

The New Company Law and the CAC Lag: 

A federal government agency mandated to regulate and oversee the registration and formation of the business and companies in Nigeria, is the Corporate Affairs Commission (CAC). The CAC is the operator of the Companies and Allied Matters Act (CAMA) with enormous powers and responsibility under the CAMA. 

Companies are formed at and their particulars hosted and housed in the database and offices of the CAC. The CAC has offices across all states in Nigeria and its headquarters is located at Plot 420 Tigris Crescent, Maitama 900271, Abuja, Federal Capital Territory. Its official website is  https://www.cac.gov.ng and its telephone is 0809 552 1924.

Although the new Companies and Allied Matters Act 2020, invented a lot of procedures to aid business formation and management in Nigeria, the CAC seems to be slow in enforcement. For example, the forms and interface of the CAC is reported to be requesting for statement of compliance from lawyers, before new companies are registered, contrary to the provisions of the new company law. Hence, there is a huge gap between the laws in law books and the laws as enforced at the CAC; there is need for catching up. 

Conclusion & Recommendation:

Government has a duty to create a safe and beneficial environment for businesses to be created and groomed in Nigeria. This is a constitutional right of Nigerians and responsibility of government of Nigeria. Unfortunately, it is one of those hopeless socio-economic duties and responsibilities of government that were provided by the constitution of Nigeria but at the same time, the constitution ordinarily prohibits all persons from seeking their enforcement; unless the National Assembly makes a law on them. 

The need for a business-friendly environment has birthed a new company law (the Companies and Allied Matters Act, 2020) and removed the role of legal practitioners in the process of business formation. However, business formation being greatly regulated by law, it is always advisable to engage the services of a legal practitioner. 

While this invention of the CAMA is being celebrated, the regulator and implementer of the CAMA (being CAC), seems to be behind in catching up with the inventions of the new CAMA. It is expected that CAC will update its systems, procedures and forms to align with the new CAMA and avoid denying Nigerians the good fruits of the new CAMA. Until laws are enforced, they are not true tools of social engineering and until awareness are created on laws, laws will lack value and impact. Access my over 40 earlier works on the old and the new CAMA via this link; https://learnnigerianlaws.com/?s=companies+and+allied+matters+  

My authorities, are:

  1. Sections 1, 2, 3, 6(6)(c), 16 (2)(d), 17 (3) (c), 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
  2. Sections 40, 868 and 870 of the Companies and Allied Matters Act 2020. 
  3. The judgment of the Supreme Court of Nigeria (meaning, nature and exceptions to non-justiciability of the fundamental objectives and directive principles of State policy in Chapter 2 of the constitution of Nigeria) in the case of OLAFISOYE v. FRN (2004) LPELR-2553(SC)
  4. The judgment of the Supreme Court of Nigeria (nature and exceptions of non-justiciability of fundamental objectives and directive principles of State policy) in the case of AG ONDO STATE v. AG OF FED & ORS (2002) LPELR-623(SC)
  5. Onyekachi Umah, “CAC Can Now Takeover Churches, Mosques, Associations and NGOs” (LearnNigerianLaws.com, 18 August 2020) <https://learnnigerianlaws.com/takeover-of-not-for-profits-by-cac/> accessed 8 November 2020. 
  6. Eric Christiansen, “Adjudicating Non-Justiciable Rights: Socio-Economic Rights And The South African Constitutional Court” [2007] Columbia Human Rights L. Rev. 28 (321) <https://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1141&context=pubs > accessed 8 November 2020 
  7. Onyekachi Umah, “Company Secretaries Are Not Needed In Small Companies” (LearnNigerianLaws.com, 13 August 2020) <https://learnnigerianlaws.com/company-secretaries-are-not-needed-in-small-companies/ > accessed 8 November 2020

#SabiLaw

#DailyLawTips

#SabiBusinessLaw

#SabiElectionLaws

#SabiHumanRights

#SabiLawOnBeatFm

#SabiLawLectureSeries

#CriminalJusticeMonday

#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this topic or any other via [email protected], [email protected] or +2348037665878 (whatsapp).

To receive our free Daily Law Tips, join our free WhatsApp group via the below link:

https://chat.whatsapp.com/Drc0UK3ba10KnuR8zuPMwl

Or our free Telegram group, via the below link:

https://t.me/LearnNigerianLaws

To keep up to date on all our free legal awareness projects, follow us via:

Facebook Page:@LearnNigerianLaws, Instagram: @LearnNigerianLaws and Twitter: @LearnNigeriaLaw

Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted.

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.

Powered by www.LearnNigerianLaws.com {A Free Law Awareness Program of Sabi Law Foundation, supported by the law firm of Bezaleel Chambers International (BCI).}

Nigeria Without Police By Lasisi Olagunju

A state well-defined is where law and order reign. And it is not difficult to have a country of degraded, disappearing statehood. We already have it. We say when the roots of a tree begin to decay, they spread death up the stem to the branches. Across the south west where I live, the police are on work-to-rule. If you travel from the coasts to the northernmost part of Southern Nigeria, you are not likely to see a single presence of law enforcement. Everyone has been in charge of their lives since the EndSARS protest made the police withdraw their services. We have outsourced our country to criminals and they are not disappointing themselves. Street gangs are in their season of boom. They man ‘police’ road blocks, they control traffic, they mend roads and demand their pay. A robbery happened, daylight and on a busy road, at Lekki, Lagos state last week. The only people who “sleep peaceably in their beds at night” today are those who can afford George Orwell’s “rough men (who) stand ready to do violence on their behalf.” The Hobbesian state of nature has no other definition; it is a state without law – or a state with law without enforcement; it is where life is nasty, brutish and short. It is almost here.

In the far north where I do not live, we read that criminals levy farmers before allowing them to farm and to harvest their crops. “Bandits are collecting the sum of N800,000 as tax from local farmers in Ɗan Kurmi under Maru local government area of Zamfara,” one AM Saleem tweeted last week. Ibrahim Umar Rufai, also on Twitter added his own voice: “Exactly, that’s what happened to us in Damari village under Sabuwa LG, Katsina state. We have to negotiate with the bandits before they allow us to harvest our crops.” Still on Twitter, Aminu Yaro said: “Same with Yankara community under Faskari LG of Katsina state. Before they allow you harvest your crops, you’ve to negotiate with them and pay a minimum of N300,000. The bigger the farm, the higher the price. If you refuse to pay the ransom, they’ll burn the crops. #SecureNorth.” Senator Shehu Sani lent his strong voice to those speaking out against the tragedy going on. He did not write his usual satires with their twisted contours; his outrage bellowed straight on Twitter: “Bandits in Zamfara and some North Western states reportedly collecting Tax or VAT from peasant farmers to permit them to farm should be seriously tackled.” Two days later, he widened the scope of his worries. He pointed at “the eastern part of Niger State that shares borders with Kaduna state and the FCT.” Here, he said, “bandits determine who lives, who dies and who moves…there is virtually no state control there.”

There is no state control anywhere. As the elite focus on the benefits derivable from the state, they have left the state to drift into the control of non-state actors. Today, wherever you go, you meet zones of lawlessness and ‘forests of failure’ dotting the landscape. You have this north and south. The difference is that while the south historically has an army of noisemakers, the north enjoys the ‘peace’ of conformist silence. But for Twitter and Facebook with their unmediated impudence, these tragedies in the north would just go unnoticed, hidden even from (or by) the mainstream media. I understand each time bad incidents there are reported, the power elite get irritated and angry. Our north is uncomfortable with anything that exposes its ugliness. That explains the current anger at the social media and its irreverent behaviours. It also explains a recent distribution of 1,650 transistor radio sets to rural women in a state there. In slave camps, iPhones and Androids are subversive chatter engines; radio sets are perfect tools for the opposite of subversion.

We elected the president so that he would give us security. Do you secure the people by withdrawing the police from the state? There is a reason why airports have control towers. Imagine having persons in your tower who do not believe in controlling any traffic. Before you doubt my drift, ask yourself why the Inspector General of Police and the Police Service Commission are forever in court over who has the powers to recruit 10,000 policemen. They first tested might cross firing in the media. But when they saw there was no one holding the gavel against their show of shame, they went to court leaving the job undone and the nation gravely under-policed.

We are in gridlocks which have become a metaphor for Nigeria. Everyone is stuck in the intersection of Nigeria’s incompetence – or tragedy. There used to be an unmanned street junction without official traffic controllers. A madman saw that loophole and filled the void. He became the lord there, controlling the flow of cars and lorries and their human contents. And drivers learnt to obey his command. Sometimes he did it well, some other time his lunacy took control. Like all nameless actors on our stage in Nigeria, no one can tell what eventually became his fate. But beyond our insane traffic situation and its control, take a look also at the abandoned roads and those filling the potholes. How many of them can you read? But these are the people serving us where governments have failed.

Regardless of where you live, the only place of relative safety today is the home. The street is the new rogue poaching its livelihood from every unlucky wayfarer. The Nigerian state stopped working for the people a long time ago. That is why the police won’t be at work, every junction becomes a crime scene and all the Federal Government does is hold its weekly FEC meeting (eating), award contracts and issue threats. Three weeks ago, the Police Service Commission pleaded with its “officers to, in the spirit of nationalism, return to work while government works out enough protective programs for them.” We, of course, know that lawlessness cohere perfectly wherever there is no firm political control. We also have law enforcement commanders ordering their officers and men to go back to work. But in vain were those orders given.

The Black Lives Matter protests happened to the United States earlier this year but the US government did not abandon the state to abolitionists. Lack of an effective, functioning central government is a very loud symptom of state collapse. When a country cedes its mandate to warlords and client groups, it is no longer a state. That has been the lot of that failed country called Somalia since January 1991. It has been without a central government. The vacuum in its life is effectively filled with (and by) anarchy. History says in the absence of competent leadership, society degenerates to anarchy. May Nigeria not drag its wobble into that hole of fire with its present cluelessness. Honest people know that we are a country on autopilot – even the pilots themselves know this. Except they are worse than we think, they must be surprised that the plane has not crashed. We have the law but there is no one to enforce it. Plato, in his ‘Eleventh Letter,’ argues that having a constitution or enacting laws is not enough. He said there must be “some authority in the city to look after the daily life of the citizens and to insure that both free men and slaves live in a temperate and manly fashion.” This precisely informed my question: Where is our president in all this? Shouldn’t anyone who applied for a job, and got it, and draws benefits from it do the job? We should not allow President Muhammadu Buhari close his eyes as bandits reign north to south. He has been very loudly absent, turning our executive presidency to a ceremonial office.

“Every ship needs a captain. The crew is important but the captain steers everything. You need to have a clear vision to lead.” That is one of my favorite leadership quotes, the author is unknown. Each time Nigeria drifts, the quote comes to my mind and I cast a glance at Abuja and the wreck the deck has become. A good captain is not made from calm seas; it is in a time of crisis as we are that we know the leader we have. We should just thank our governors for holding the forte. They may not have scored As, but they have individually shown leadership when it mattered. They run when running is recommended; they walk when walking is the presumed solution. They speak when it is necessary to talk to us. They do not ignore us as Abuja does us and our problems. Imagine having our governors copy Abuja and also adopt the toothpick approach to the existential problems in their states. The governors, warts and all, are the reason we still have not defeated Somalia in the championship among the ungoverned.

©Lasisi Olagunju

TIPS