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Breaking: SERAP, 261 others sue Lai Mohammed, NBC for sanctioning Channels, AIT, Arise TV

Socio-Economic Rights and Accountability Project (SERAP), 261 concerned Nigerians, civil society and media groups have filed a lawsuit against the National Broadcasting Commission [NBC] and Minister of Information and Culture, Mr Lai Mohammed, asking the court to “declare arbitrary, illegal, and unconstitutional the N9m fines imposed on Channels, AIT and Arise TV [N3m each] over their coverage of the #EndSARS protests, and to stop the NBC from collecting the money.”

The co-plaintiffs in the suit are 255 concerned Nigerians; Premium Times Services Limited; Centre for Journalism Innovation and Development; HEDA Resource Centre; International Centre for Investigative Reporting; African Centre for Media and Information Literacy; and Media Rights Agenda.

The acting Director-General of the NBC, Prof. Armstrong Idachaba, who is joined in the suit as Defendant, had last week announced fines of N9 million on Channels, AIT, and Arise TV for purported “unprofessional coverage” of the #EndSARS protests across the country.

But in the suit number FHC/ABJ/CS/1436/2020 filed last Friday at the Federal High Court, Abuja, the Plaintiffs are seeking: “an order setting aside the arbitrary, illegal and unconstitutional fines of N9 million and any other penal sanction unilaterally imposed by the NBC and Mr Lai Mohammed on Channels, AIT and Arise TV, and on any other radio/television stations simply for carrying out their professional and constitutional duties.”

The Plaintiffs are arguing that: “Section (2)(n) of the NBC Act and the Broadcasting Code are oppressive, and clearly inconsistent with the Nigerian Constitution and the country’s international obligations. If the NBC and Mr Lai Mohammed are allowed to continue to use these oppressive provisions against independent media in the guise of performing their statutory duties, the end result will be authoritarianism and denial of freedom and liberty.”

According to the Plaintiffs: “The NBC and Mr Lai Mohammed have consistently used broadcasting codes to suppress the watchdog roles of independent media, and to violate Nigerians’ human rights, including the rights to freedom of expression, to disseminate and receive information, and hold their government and public officials to account.”

The Plaintiffs said: “The action by the NBC and Mr Lai Mohammed is arbitrary, illegal and unconstitutional, as it is contrary to section 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, which Nigeria has ratified. Their action is apparently aimed to clampdown on media freedom and Nigerians’ human rights.”

The Plaintiffs are also seeking “an order setting aside the fine of N5 million and any other penal sanction unilaterally imposed by the NBC and Mr Lai Mohammed on Nigeria Info 99.3 FM Lagos, simply for carrying out its professional and constitutional duties.”

The suit filed on behalf of the Plaintiffs by their lawyers Kolawole Oluwadare, Adelanke Aremo and Opeyemi Owolabi, read in part: “A fine is a criminal sanction and only the court is empowered by the Constitution to impose it. Fine imposed by regulatory agencies like the NBC without recourse to the courts is illegal, unconstitutional and offends the sacred principles of natural justice and fairness.”

“It is the duty of the government to allow the legal and judicial powers of the state to function properly. Imposing any fine whatsoever without due process of law is arbitrary, as it contravenes the principles of nemo judex in causa sua which literally means one cannot be a judge in his own cause and audi alteram partem which literally means no one should be condemned unheard.”

“The NBC, being a regulatory body, is not empowered by law to act as the prosecutor and the judge; all at the same time. We humbly urge the court to set aside the unlawful and unconstitutional fines imposed on independent media houses, and to uphold the sanctity of the Nigerian Constitution, Nigerians’ human rights, media freedom, and the rule of law.”

“The Constitution is the grundnorm and the fundamental law of the land. All other laws including the NBC Act and any associated codes take their hierarchy from the provisions of the Constitution.”

The Plaintiffs are also seeking the following reliefs:

A DECLARATION that section 2[n] of the NBC Act and Broadcasting Code used by the NBC and Mr Lai Mohammed to impose fines, sanctions and any other penalties on television, radio and on-line broadcast stations and media houses are draconian, inconsistent, and incompatible with the right to freedom of expression, access to information, and media freedom guaranteed under sections 22 and 39 of the Constitution of Nigeria 1999 [as amended], Article 9 of the African Charter on Human and Peoples’ Rights, and Article 19 of the International Covenant on Civil and Political Rights;

A DECLARATION that the action of the NBC and Mr Lai Mohammed in relying on section 2[n] of the NBC Act and Broadcasting Code to unilaterally impose punishments such as fines and other sanctions on television, radio and on-line broadcast stations and media houses without recourse to the court violates sections 6[1] & [6][b] and 36[1] of the Constitution of Nigeria 1999;

A DECLARATION that section 2[n] of the NBC Act and the Broadcasting Code, being inconsistent and incompatible with sections 22, 36[1], and 39 of the Constitution of Nigeria, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, are null and void to the extent of their inconsistency and incompatibility;

A DECLARATION that the fine of N3m each imposed on Channels, AIT, and Arise TV by the NBC and Mr Lai Mohammed for their coverage of the #ENDSARS protests violates the right to freedom of expression, access to information and media freedom guaranteed under sections 22 and 39 of the Constitution of Nigeria 1999, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights and therefore null and void;

A DECLARATION that the fine of N3m each imposed by NBC and Mr Lai Mohammed on Channels, AIT and Arise TV for their coverage of the #ENDSARS protests without giving the affected media houses the opportunity to respond to the allegations leveled against them and recourse to the court violates sections 6[1] & [6][b] and 36[1] of the Constitution of Nigeria 1999 and therefore null and void;

A DECLARATION that the action by the NBC and Mr Lai Mohammed to unilaterally impose the fine of N5m on Nigeria Info 99.3 FM without giving the radio station the opportunity to respond to the allegations leveled against it violates the right to fair hearing, enshrined in section 36 of the Constitution of Nigeria 1999, and therefore null and void;

AN ORDER OF PERPETUAL INJUNCTION restraining the NBC and Mr Lai Mohammed from imposing fines or doing anything whatsoever to harass Channels, AIT, and Arise TV and any other radio and television broadcast stations, in violation of the section 6[1] & [6][b], 22, 36[1], and 39 of the Constitution of Nigeria 1999, Article 9 of the African Charter of the on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights

No date has been fixed for the hearing of the suit.

Vanguard

El-Rufai Confirms Fayemi’s Pact with the ‘North’

Governor Nasir El-Rufai of Kaduna State on Saturday confirmed that Ekiti State Governor, Kayode Fayemi and people of Norther Nigeria are working towards a common goal.

Inviting Governor Fayemi as a Guest Speaker at an event held in Kaduna on Saturday morning, El-Rufai threw caution into the winds as he declared to invited guests that Fayemi was not at the event as the Guest Speaker by accident but for a purpose.

In trending video, the governor said the ‘North’ doesn’t do anything without a reason and that the reason for the chummy relationship between Fayemi and the ‘North’ would be unveiled soon.

“Inviting Dr. Fayemi (as the Guest Speaker) is not a coincidence. We never do anything in the north by accident. There is a reason (for inviting Dr. Fayemi) an the reason will be unfolded as times go on,” El-Rufai said.

It will be recalled that some political observers in Yoruba land have, in the last one year, be suspecting that Dr. Fayemi was entering accord with the north to lobby either for the position of president or vice president.

#End SARS: Shehu reacts as Muslims rain curses on Aisha Yusufu in mosques

Former Nigerian lawmaker, Shehu Sani, has told Islamic clerics and fellow Muslims raining curses on rights activist, Aisha Yesufu, in mosques, to apply caution.

Aisha had last week lamented the ill-treatment she gets from fellow Muslims.

Yesufu, co-convener of the BringBackOurGirls, BBOG, and one of the strong voices against the current administration, cried out that fellow Muslims rain curses on her in the mosque.

She said the resentments she suffers is due to her involvement in the widespread #EndSARS protests which called for the end of police brutality.

”Heard I am being cursed in mosques! People finish praying and take time out to curse me in their prayers,” she tweeted.

“I have asked they should please let me know how many of these curses they rained on me when I was making the same demands during GEJ! We are all already cursed in Nigeria.”

And reacting to the revelation, Sani, who represented Kaduna central district in the 8th National Assembly, tweeted, “To my revered Clerics, be soft and kind to Aisha Yesufu and appreciate her courage, resilience and struggles.

“It may be unpleasant for you now, but you would need her someday to raise the fists and march towards the flames, when the table of Injustice or power turns the opposite direction.”

US Elections: Joe, Not Donald Is Africa’s Friend

American Democratic Party candidate / Photo credit: cnbc.com

If Biden wins, not only would the “trade not aid” policy come back to life, all the immigration policies of the Trump presidency that are antagonistic towards Africans and the Third World will likely be reversed through the same executive order instruments, and possibly new laws in a Democratic congress.

In the run up to the US presidential election, Americans are sick and dying in larger numbers, more than in any other country, from coronavirus.

As the stock market took another massive plunge in reaction to the COVID-19 economy days to the election, it is a surprise that the incumbent president is still competitive in the polls.

As President Donald Trump squares off with political die-hard, former Vice President Joe Biden, both still have a pathway to power and not anyone dare predict the election will go in a particular way.

Four years ago, as an underdog,

President Trump stunned pundits when he waltzed to victory over former US Secretary of State, Hillary Clinton.

A few gave him any chance. Aftershocks from that earthquake of an election are still felt today.

As a lesson learned, the polls have become academic.

Pundits are particularly unwilling to make a bet against Donald Trump.

At this same point in 2016, Hillary Clinton led in the polls, giving a false comfort to Democrats when 20 per cent of the voters had not decided.

This prudence by watchers notwithstanding, Joe Biden has consistently led in the polls and there is a cautious optimism that Trump would not only be defeated, but he could drag Republican candidates on the down ballot into a sinkhole that would cost his party the Senate majority.

Should Trump win, the impact of such a victory will be determined by the party that controls the Senate

Democrats are envisioning a nirvana on Election Day, but they dare not celebrate yet.

Adding wind to their sails are the addition of millions of new eligible voters that tend to be more progressive, a smaller percentage of undecideds, high voter enthusiasm and unprecedent early and mail-in voting.

Biden is also on a roll, beating Trump in fundraising, apart from his strong showing during the debates.

The result is a trend from red to blue in traditional Republican states such as Texas, Georgia and South Carolina. Trump is left defending, instead of expanding, his turf.

The biggest issue for the incumbent remains COVID-19.

He keeps repeating the virus can be ignored when nine million infections, leading to 230,000 deaths, have been recorded.

It is hard for Americans to trust Trump with such a high death rate at a time when the economy remains shattered and shuttered.

It appears the writing is now on the wall for Donald Trump.

His behaviour is that of a loser, as continues to find legal obstruction to voting laws, even after declaring he would not accept the result, except he wins.

Some have said that Trump’s fear is that he could be tried for various crimes committed before he became president after his term, including tax evasion and the use of false records.

He has confirmed owing banks as much as $500m and speculations are that creditors would swing in for collection without the protection of political power.

Many believe Trump is ready to throw America into a political crisis because of his personal problems and the only way to stop it is a landslide by the Democrats.

Should Trump win, the impact of such a victory will be determined by the party that controls the Senate. If the Senate remains under Republican rule, then expect more of the same from past four years or worse – since he would be freed from the restraint of a first term.

If Biden loses and the Democrats control the Senate and the House of Representatives, Trump will be tamed but not completely demobilised.

In the area of foreign policy, Trump will still call the shots, because American law gives a president a lot of power in guiding its foreign relations.

Trump’s power on domestic policy may dwindle, but he will have enough power to pursue the same agenda that have clearly ignored African development and imposed severe immigration restrictions on Africans.

The Trump administration is already working towards restricting Africans from entering the United States, including those who now qualify for four-year degree courses.

Economic cooperation and aid to Africa may continue to decline in quantity and quality.

Hostility to Africans in leading international organisations, as demonstrated by US opposition to Nigerian candidates at the African Development Bank and the World Trade Organisation, will likely continue.

If Joe Biden wins, Africa may not be his first priority, but the continent will find a good friend and listener.

If Biden loses and the Democrats control the Senate and the House of Representatives, Trump will be tamed but not completely demobilised

Unlike Trump, Biden is well versed in international relations. Apart from taking on big diplomatic tasks as Vice President, Biden is a former chairman of the US Senate Foreign Relations Committee.

Biden will have a challenge to woo America’s old friends and tackle some big missteps of the Trump administration.

The big issues include rejoining the Paris Climate Agreement and the World Health Organisation, mending European alliances, strengthening NATO, containing the coronavirus pandemic, nuclear proliferation, terrorism and the disruptive impacts of new technologies. Such items will come first on his menu.

At the proper time, however, a Biden presidency will likely revive Obama’s policy towards Africa.

Obama initiated a new US-Africa policy that aimed to shift focus from aid to business.

While President Trump has no African development agenda and has never shown an interest to step on the African soil, President Obama visited several African nations in office, increased aid and established military outposts in Africa.

His direct engagement to rid the continent of Ebola virus by sending US troops to Africa remains a signature of his policy towards Africa.

If Biden wins, not only would the “trade not aid” policy come back to life, all the immigration policies of the Trump presidency that are antagonistic towards Africans and the Third World will likely be reversed through the same executive order instruments, and possibly new laws in a Democratic congress.

Africa will certainly get some attention, and the possibility that the Chinese will face some competition as the US will likely adopt a strategy that is emptied of bluster and infused with policies to engage a rising power that has occupied Africa.

Written by Tunde Chris Odediran

Tunde Chris Odediran studied and practiced journalism in Nigeria. He is now a Technical Communications and Information Technology professional in the United States.

US Jury asks Apple to pay $503m in patent case

A jury in Texas on Friday decided that Apple should pay $503 million for infringing virtual private network technology patented by software security firm VirnetX.

The legal battle between Apple and Nevada-based VirnetX involved data transmission security in devices such as iPhone, iPad and iPod Touch, according to court documents.

“We thank the jury for their time and appreciate their consideration but are disappointed with the verdict and plan to appeal,” Apple said in reply to an AFP inquiry.

“This case has been going on for over a decade, with patents that are unrelated to the core operations of our products and have been found to be invalid by the patent office.”

VirnetX contended in the suit that Apple VPN On Demand functions used its patented technology.

VirnetX is based in Nevada, but patent suits are typically filed in states where jurors have been found more inclined to rule against Silicon Valley giants.

Apple had challenged the validity of the VirnetX patent.

VirnetX, which hasn’t been able to gain traction with its own software, relies on patent royalties for its revenue, according to a Dallas Morning News report on the jury verdict.

“Cases like this only serve to stifle innovation and harm consumers,” Apple said.

VirnetX did not immediately reply to a request for comment.

AFP

Buhari: Have You Changed Nigeria For The Better?

 I know that immediately some persons saw the title of this article all that came into their minds was nothing but economic indices. Yes, the economy is important, but it is the result of several other things. Any nation that lacks a well-schooled workforce cannot have a healthy and growing economy. That country can hardly produce anything, repair its infrastructure – just like Nigeria. Yet, the economy alone is not the thrust of this article, even though Buhari has failed, just as Goodluck Jonathan failed and as Olusegun Obasanjo failed to grow jobs or the economy. The manufacturing sector has been contracting since 1999, worsening unemployment. Inflation has been rising unchecked, the Naira depreciating daily. 

By 2003 Naira to the dollar rate was N127. 1 USD fetched 199.2570 NGN in 29 May 2015 when President Buhari was inaugurated President. But what do we have today? On Wednesday, 28 October 2020, I got this from the internet: a “₦460/US$1 in the parallel market”. And yet, nobody is apologetic. Instead, there is a fierce pride among the members of government, even as Nigeria manufactures almost nothing, and so imports almost everything, so the cost of almost everything, imported and not imported – whether rice, yam, beans, orange, loaf of bread, banana, petrol, clothing, etc, has increased over a hundred fold. No, the exchange rate against the American dollar is not the true measure of the health of a nation’s economy; that relates to the purchasing power of say, the minimum wage. So, how much can the minimum wage buy today from the Nigerian market? What about the pump price of petrol? How can it be said that Nigeria, after over five years of a government headed by a former Minister of Petroleum, under whose watch in that past government some three refineries were built in four years, cannot get a single refinery to be functional? And to add to the disappointment, this President, who had been a former Petroleum Minister, had also served as a Military Head of State, yet, the government lurches from one disaster to the other as though Mr. President is sourly inexperienced. So, ordinarily, few Presidents have had as grand a preparation as President Buhari. So, why is that under him, so far, Nigeria has been unable to fully repair a single petroleum refinery or build a new one if the old once have proved to be obsolete? Under him, all we do is routinely increase petrol pump prices – just as Obasanjo and Jonathan did? No Petroleum Minister of State publicly stated his desire to see the refineries become functional again as Dr. Ibe Kachikwu. Surprisingly, a re-elected Buhari did not reappoint him into the Cabinet. Buhari came in with the full promise of ending the Boko Haram insurgency, but today that woe is still befalling us. Added to that is the scourge from some outlaws we now call bandits. What really is banditry? The Merriam Webster dictionary defines a bandit as “as an outlaw who lives by plunder, especially: a member of a band of marauders”. The Cambridge dictionary sees it this way: “a thief with a weapon, especially one belonging to a group that attacks people travelling through the countryside”. To put it in proper perspective, The New English Dictionary on Historical Principles (NED) defined “bandit” in 1885 as “one who is proscribed or outlawed; hence, a lawless desperate marauder, a brigand: usually applied to members of the organized gangs which infest the mountainous districts of Italy, Sicily, Spain, Greece, Iran, and Turkey”. 

Well, now banditry is alive and deadly in Nigeria. Yet, that is not all the bad news about insecurity; here and there, the killer herdsmen have let loose, a river of blood. China was once plagued by an army of bandits. Reading up on this infestation, I came across this: “Marauding was one of the most common peasant reactions to oppression and hardship. In early Republican China, the growth of warlord armies during the Warlord era was also accompanied by a dramatic increase in bandit activity exploiting the lawlessness. By 1930, the total bandit population was estimated to be 20 million”. But that was before Mao Zedong, also known as Chairman Mao, the Chinese communist revolutionary and the undisputed founding father of the People’s Republic of China, came into power in 1949. Will Nigeria’s history and trajectory change simply Buhari became President? Some will tell you that the issue of the killer herdsmen did not become problematic until Buhari became President, but that is not what I have in mind; here, I am asking about Buhari’s ability to usher in a new Nigeria – devoid of killer herdsmen, who appear to cling to yesterday, spitting on tomorrow, by insisting on taking their herds of cattle to forage for foliage and grass across the land while elsewhere ranching has been proved to be the best practice in animal husbandry. 

Sincerely, the killer herdsmen problem predated the Buhari presidency. According to the Wikipedia “Since the Fourth Nigerian Republic’s founding in 1999, farmer-herder violence has killed more than 19,000 people and displaced hundreds of thousands more. It followed a trend in the increase of farmer-herder conflicts throughout much of the western Sahel, due to an expansion of agriculturist population and cultivated land at the expense of pasturelands; deteriorating environmental conditions, desertification and soil degradation;[5] population growth; breakdown in traditional conflict resolution mechanisms of land and water disputes; and proliferation of small arms and crime in rural areas. Insecurity and violence have led many populations to create self-defence forces and ethnic and tribal militias, which have engaged in further violence. The majority of farmer-herder clashes have occurred between Muslim Fulani herdsmen and Christian farmers, exacerbating ethno-religious hostilities”. 

Yet, now that Buhari is President, is there hope that this problem will be solved? I am really afraid that with five years gone and three years left, the outlook is not promising. He has talked about Cattle Routes, Cattle Colony, RUGA, yet, I have heard nothing about getting those individuals who own the herds of cattle to imitate the best practice world-wide and care for their herds in ranches – owned by themselves. As the problem is not being faced squarely, it festers more with every passing day. And so far, there is no special police focus on this killer herdsmen problem. 

Hey, I owe the reader special and heartfelt apologies please, because the history of youth uprising in Nigeria, which I promised to dwell on this week if events permit, will wait till next week. I set out while choosing this theme fully convinced that Nigerian columnists have often failed to see the big picture because we have been unduly fascinated by the story of individual government functionaries. Those who see the big picture, the likes of the late Dr. Stanley Macebuh and late Prof Claude Ake (may their names and ideas live forever) are no longer writing today. So, today, I am more concerned with the state of the MIND of Nigerians than individuals who run or ruin the country … or the economy. That is why Nigeria has little to offer any one that is interested in the lessons of history or Social Science interpretations of our character and actions. That is also why Nigeria disdains the truth about events, no matter how heavenly or hellish, no matter how heroic or courageous or demeaning and divisive. 

State of the mind? How wholesome is the state of the mind of a people that justifies murder of non-members of their religious or ethnic groups? How excellent is the state of the mind of a people to whom excellence in the workplace or in education means nothing, but to whom prebendalism and favouritism is everything? How can the state of the mind of a people be raised when not even the government tells the truth? 

What state of the mind does the government expect its citizens to have when even the government itself has refused to acknowledge the Asaba Massacre and the random killings that went on throughout the Anioma area of Delta State during the Nigerian Civil War?

To really understand my stance, please consider the My Lai massacre of some 500 South Vietnamese civilians by U.S. troops on March 16, 1968. Now we know that U.S. soldiers from Company C, 1st Battalion, 20th Infantry Regiment and Company B, 4th Battalion, 3rd Infantry Regiment, 11th Brigade, 23rd (American) Infantry Division (hey, what can be more detailed than this?) carried that massacre. Yet, the Asaba massacre took place a year before that (1967) and till today, the Nigerian government or military authorities never asked questions on it. The US tried twenty-six soldiers charged with criminal offenses over it but Nigeria charged no one. 

Now we are asking questions about what took place at the Lekki Toll Gate on Tuesday October 20 this year, when protesters were allegedly mowed down. Has the Army commenced any investigations? All we hear is that the Army was not involved in the shooting. Such sweeping away of crimes against the nation deaden peoples’ consciences and reduces the state of peoples’ minds. 

Warrant Officer Hugh Thompson, Jr., a helicopter pilot saw dead and wounded civilians as he was flying over the village of Sơn Mỹ, providing close-air support for ground forces. He played a major role in ending the My Lai Massacre and later testified against the war criminals responsible, even though US troops did not shoot at Americans. That is how the state of the mind of a country marches from one step of civilization and development to the next. Thompson and his crew members Glenn Andreotta and Lawrence Colburn were awarded high military decorations. Glenn Andreotta was awarded his medal posthumously, as he was killed in Vietnam on 8 April 1968. 

I have been terribly worried about the kind of Nigeria that will arise from the ashes of the #endSARS protest. Will we not become more dehumanised? That is the only way to go if those who killed unarmed protesters at Lekki Toll Gate, Lagos, are allowed to go unpunished. Hey, who ordered that military action against defenceless Nigerians? Yes, Nigerians, who were waving the Nigerian flag and singing our national anthem. One social media video has shown a hooded soldier who allegedly warned his mates not to shoot and later allegedly videoed the carnage, and it was later claimed in that same video that the whistle-blowing soldier would be court marshalled. If such a soldier exists, and released such a video, he should be applauded. He is a true and courageous Nigerian. He deserves high honours and a Presidential handshake. In such a way, Buhari will taking Nigeria to the next level and humanising and Nigerianising our minds. Such a soldier should be to us what Warrant Officer Hugh Thompson, Jr. was to USA; the conscience of a nation and a civilising agent. Without people like him, Nigeria will become a hell because the mind is a terrible thing to deaden…as Boko Haram terrorists, bandits, killer herdsmen, thieving bankers, criminal public servants, in-human SARS officials, corrupt leaders and killer security agents have proved. 

Constitutional Amendment: A Necessity for Nigeria

Introduction

The 1999 Constitution is considered by many Nigerians as outdated thus alien to the current realities of Nigeria. Various actors have therefore been advocating the replacement of the Constitution with a people-driven Constitution which represents the current realities of the Country.
The Centre for Socio-legal Studies has called for the amendment of the Constitution by proposing four major reforms pertaining to the electoral process, administration of Criminal Justice, Code of Conduct Bureau and the judiciary. The reforms are stated below.

Electoral Process Reform
The Centre proposes the alteration of sections 174 and 211 of the Constitution to insert new subsections which create the Office of the Independent Prosecutor of Electoral Offences (OIPEO) conferred with the power to initiate and bring to successful completion, the prosecution of electoral offences; removal of immunity granted to the Executive arm with respect to electoral offences; and removal from the Attorney-General the power to prosecute, take over or discontinue electoral offences.
This proposal is founded on the trite principle that any nation passionate about effective administration of justice within its jurisdiction will not take lightly the prosecution of electoral offences. Elections are the backbone of democratic government and as such, electoral offences undermine the legitimacy of the state. Hence, political aspirants who engage in electoral offences should be prosecuted and dealt with appropriately, without undue interference by the Attorney-General, who is a politician.
Administration of Criminal Justice Act Review
The Centre proposes that sections 396(7) and 306 of the Administration of Criminal Justice Act (ACJA), 2015 should be incorporated into the Constitution. The sections provides; 
“Notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time: 
Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.- Section 396(7)” 
” An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained.- Section 306″.
The alteration is to introduce key reforms to promote efficient management of criminal trials and speedy dispensation of justice.
Code of Conduct Bureau (CCB) Reform
The Centre proposes fundamental reforms in the Code of Conduct Bureau (CCB), which include the reduction in the number of members of its board; the creation of an office for an executive secretary for the CCB, and the adoption of bi-annual assets declarations for certain political office holders.

Judicial Reform
The Centre proposes the alteration of Section 233 of the Constitution in order to reduce the workload of the Supreme Court. Several interlocutory matters which used to go to the Apex Court ‘as of right’ shall now be with leave of the court.
Furthermore, the dichotomy in the retirement age of high court judges, who must retire at age 65 and appellate judges, who must retire at age 70, is to be removed, such that all judges shall be at liberty to serve till 70 years of age. 
In addition to this, judges who retire after serving for 15 years shall be entitled to their salaries for life as well as allowances calculated at the same rate as that of a serving judge or justice. 
 
Conclusion
The Centre believes that if the foregoing amendments are successfully incorporated into the 1999 Constitution, they will go a long way in improving the electoral system, administration of criminal justice, the Code of Conduct Bureau and strengthen the independence of the judiciary.

CENTRE FOR SOCIO-LEGAL STUDIES

Tech Platform Reynen Court Raises $4.5M as Big Law Sees Potential ‘Now More Than Ever’

Global venture capital fund Ventech led the financing round, joined by initial law firm investors Clifford Chance and Latham & Watkins, and investment company Prins.

By Brenda Sapino Jeffreys and Rhys Dipshan

Reynen Court, a legal tech platform that aims to be a centralized “app store” for a host of legal tech vendors, announced on Wednesday that it has secured $4.5 million in funding, with such investors as Clifford Chance and Latham & Watkins.

Global venture capital firm Ventech led the funding round, with additional participation from an investment vehicle controlled by Reynen Court’s founder and CEO, Andrew D. Klein.

The app’s relevance could be increasing because firms have greater technology needs with  COVID-19 pandemic remote work. Paul Greenwood, chief information officer at Clifford Chance, said in a press release that his firm has seen that potential from the start.

“We believe this now more than ever in light of the rapid acceleration in adoption of new technology in the legal sector catalyzed by the outbreak of COVID-19,” Greenwood wrote.

Both Clifford Chance and Latham & Watkins previously invested in the legal platform when it first got off the ground in 2018. A whole consortium of law firms is involved, including Slaughter & May, Davis Polk & Wardwell and Simpson Thacher & Bartlett, helping to guide the legal tech platform’s development and better define vendor participation standards.

Reynen Court officially launched in August 2019, when it also announced a partnership with alternative legal service provider Elevate, which agreed to make some of its legal tech tools available on the app. Earlier that year, Reynen Court also built out its leadership team, hiring Davis Polk attorney Christian Lang as head of strategy and Washington State-based lawyer Nancy Norton as general counsel.

According to the release, nearly 200 third-party application vendors are actively engaged with Reynen Court, and more than 100 are already under contract and either in the Reynen Court “solution store” or working toward participation.

Law.com

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After Schulte Files Suit Over Rent, Landlord Says Law Firms Are ‘Taking Advantage’ of Pandemic

The attempt by Schulte Roth “and other well-heeled, white-shoe firms to take advantage of the pandemic and not live up to their financial commitments” poses a very serious threat to New York City and its economy, said the landlord’s attorney at Fried Frank.

By Christine Simmons 

Schulte Roth & Zabel has filed suit against its New York landlord, seeking at least $10 million, becoming the latest Am Law 200 firm to dispute its office rent obligations during the pandemic.

Schulte is seeking rent abatement from its landlord at 919 Third Ave., an SL Green property in Midtown. The case is similar to Simpson Thacher & Bartlett and Jenner & Block’s litigation this year against their landlords. The law firm disputes have continued to percolate in the legal industry, as the pandemic and shutdown orders have forced firms to operate remotely.

But the landlord’s attorney at Fried, Frank, Harris, Shriver & Jacobson strongly disputes Schulte’s argument—along with the broader argument made by other firms.

“While this lawsuit is legally without merit, the attempt by Schulte Roth & Zabel and other well-heeled, white-shoe firms to take advantage of the pandemic and not live up to their financial commitments at a time when the vast majority of New Yorkers continue to meet their obligations poses a very serious threat to New York City and its economy,” said Janice Mac Avoy, a Fried Frank partner.

“Law firms are continuing to work at full capacity” in New York, she said. “The reason they can do that is because their landlords are keeping their business open,” she said, referring to offices still maintaining mail service and IT equipment.

Schulte, represented by Foley & Lardner, is suing Metropolitan 919 3rd Avenue LLC, as the successor to 919 Third Ave. Associates in Manhattan Supreme Court. Schulte said it has had an office at 919 Third Ave. since 2000.

Schulte’s suit cites sections of the lease that point to “unavoidable delays” in occupying the space. Schulte argues the “lease is clear” that where the firm has been forced to vacate its offices “by laws or government mandates” in response to a national emergency for more than 15 business days, the firm is entitled to rent abatement while Schulte cannot occupy its offices “for the ordinary conduct of its business.”

Schulte said the lease is also clear that the firm is entitled to rent abatement while Schulte is unable to use its office due to “any cause whatsoever reasonably beyond the [landlord or tenant’s] control.”

Schulte said it complied with New York’s order for in-person workforce reductions. When New York allowed professional services firms, including law firms, to reopen this summer, it faced a 50% occupancy limit. With a second wave of infections predicted this winter, Schulte said, it is still operating under restrictions imposed by state and local orders.

Schulte said it provided the landlord an “abatement notice” at the end of March. In early April, the landlord rejected the notice, “advancing a contorted interpretation” of the lease provision.

Schulte advised the landlord it paid April rent “under protest” and it has continued to pay rent due and owing “under protest,” which the landlord has refused to refund, Schulte’s suit said. The firm, seeking $10 million, said the landlord has refused to acknowledge its right to rent abatement under the lease and has refused to reimburse its rent payments.

In a statement, a Schulte representative confirmed the firm filed a claim for rent abatement under “a clear and explicit rent abatement provision in our lease agreement and have continued to pay rent while preserving our rights.”

Mac Avoy, the landlord’s attorney, said while she’s aware of two other law firms in out-of-court negotiations with their landlords over rent abatement issues, those disputes are “few and far between” in the legal industry.

“SL Green has worked tirelessly to ensure that this building and their entire portfolio have remained open and safely accessible to tenants this entire year to meet their obligations and support this city,” she added in a statement.

Meanwhile, Simpson Thacher in New York and Jenner in Chicago remain in litigation with their landlords. In Jenner’s case, in which the landlord claims it owes nearly $3.8 million in unpaid rent, a judge on Oct. 16 allowed a key affidavit to remain in Jenner’s arguments, according to a court ruling obtained by Law.com.

Law.com

Lai Mohammed Condemns Attack On Media, Says FG Will Protect Press Freedom

The Minister of Information and Culture, Lai Mohammed has condemned the recent attack on some media houses.

Mohammed who spoke in Lagos on Saturday when he paid a visit to the media organisations that were attacked in the aftermath of the EndSARS protest and the Lekki shooting, said any attack on media houses was an affront on democracy in the country.

“Whoever attacks free press is also attacking democracy because there can no democracy without a robust and vibrant free press,” he said.

“That is why this attack must be condemned without any reservation. Closely those who came here came with a purpose. It was to shut down the voice of reasoning.

He also reiterated the commitment of the Federal Government to regulating the social media, stressing that the move was to protect the rights of other Nigerians.

The minister noted that he wasn’t going back on his earlier assertion that the government would control the media.

“A few people will say look at the minister who just few days ago was speaking about regulating the social media. What kind of double speech? He is coming here again to talk about protecting the media.

“Of course, I don’t see any contradictions in those positions. Yes, we would protect the free press; we would protect democracy and the rights of other Nigerians to express themselves. At the same time, we must protect the rights of others,” he added.

The minister’s remarks come 10 days after the headquarters of Television Continental (TVC) among other media houses were attacked by a mob in Lagos.

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