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Blasphemy: Yahaya Sharif-Aminu Appeals Death Sentence, Says Unconstitutional

Yahaya Sharif-Aminu, a musician sentenced to death for blasphemy against Prophet Muhammad by a Kano Shari’a Court, has appealed the judgment.

Sharif-Aminu was sentenced to death on August 10, 2020, and was given 30 days by the appeal Court within which to appeal the judgment, meaning that the time would lapse on Wednesday, September 9.

Meanwhile, in a Notice of Appeal filed on Thursday at the Kano State High Court in appeal no: K/37CA/2020, by his Lawyer, Kola Alapini, Sharif-Aminu said he is dissatisfied with the judgment of the Shari’a Court.

He described the Kano State Penal Law 2000 as unconstitutional, null and void, having grossly violated and conflicted with the constitution of the Federal Republic of Nigeria (1999) as amended and having violated the Human Rights and the Universal Declaration of Human Rights respectively.

His lone Ground of Appeal reads:

“The Appellant’s trial, conviction and sentencing by the Upper Shariah Court of Kano State pursuant to Kano State Penal Code Law 2000 were unconstitutional, null, void having grossly violated and conflicted with the Constitutional of the Federal Republic of Nigeria (1999) as amended and having violated the African Charter on Human and Peoples Right and Universal Declaration of Human Rights respectively.”

Meanwhile, he noted that his purported confessional statement was illegal on the premise that he has committed no offence known to Law.

Furthermore, he contended that Nigeria is a secular state “with constitutional democracy and the Constitution being the supreme law”, the Judgement should not stand.

In addition, he contended that “the State was quick to charge the accused for blasphemy but neglected and refused to provide him legal representation even though there is an existing framework for legal aid in Kano State.”

In addition, he stated that he was tried in a process that is devoid of transparency because there is no record of proceedings to ascertain that there was compliance with due process.

Besides, he stated that he was “arrested, detained and held incommunicado and without access to family members” and that he suffered lack of access to legal representation throughout the process.

Furthermore, he stated that the Government of Kano State is “complicit” in the process.

Therefore he urged the appeal Court for “an order allowing the appeal, setting aside the trial, conviction and sentencing handed down by the Upper Sharia Court and entering Judgement” in his favour.

Court Restrains Nigerian Ports Authority From Terminating Role Of INTELS Nigeria Ltd As Manning Agent

A Federal High Court sitting in Lagos has granted an interim injunction stopping the Nigerian Ports Authority (NPA) from terminating the role of INTELS Nigeria Limited as a manning agent in the Pilotage Districts of Lagos, Warri, Bonny/Port Harcourt and Calabar.

The judge, Hon. Justice R.M. Aikawa granted the interim injunction in the suit number FHC/L/CS/1058/2020 based on an application filed by INTELS Nigeria Limited and Deep Offshore Service Nigeria Limited against the Nigerian Ports Authority (NPA).

INTELS and Deep Offshore had requested the court to restrain NPA from preventing them from performing their duties as a manning agent, pending the determination of ongoing arbitration proceedings.

The court order, which was issued on Friday 28th August 2020, reads: “That an order is granted restraining the respondent, its servants, agents, and/or privies from giving effect for the purported notice of expiration issued it on 5th August 2020 or taking any other step to prevent the parties from performing their duties and obligations under the agreements between the 1st applicant and respondent dated 11th February 2011 and 24th August 2018, pending the determination of the originating motion dated 12th August 2020 seeking for interim measures of protection in support of the pending arbitration between the parties therein.”

The court adjourned the matter to 15th September 2020 for the originating motion on notice.

Consequent upon the court order, the management of INTELS has asked the shipping community to disregard a Marine Information issued by NPA purportedly terminating its operation, as it was issued in contempt of the court.

Synopsis Of The Guidelines For The 2020 Marginal Fields Award

By Ikechukwu Uwanna

Introduction
Pursuant to the relevant provisions of the Petroleum (Amendment) Decree No. 23, 1996, the Department of Petroleum Resources (DPR) has announced the intention of the Government of the Federal Republic of Nigeria to conduct the 2020 Round of Marginal Fields Licensing Programme. Under this Programme, which first commenced in the 1990s, Oil Mining Licence (OML) holders farm out un-produced, unapprised, abandoned or producing fields on their existing OML to smaller, independent and indigenous Companies who can then operate and develop the fields. The DPR published a Guidelines For the Award and Operation of Marginal Fields in Nigeria 2020 (Guidelines) to facilitate the process. The Guideline is dated the 31st May, 2020.

The Licencing Round
The 2020 Marginal Fields licencing round involves mainly an eleven – step process in the following order:
(i) Announcement to kick off the Programme.
(ii) Launching of the Marginal Field Bid Round Portal (https://marginal.dpr.gov.ng/Account/Login#).
(iii) Registration on the portal by interested companies.
(iv) Prequalification of interested companies.
(v) Data Prying and leasing.
(vi) Submission of Technical and Financial Bid.
(vii) Announcement of Pre-qualified companies.
(viii) Submission of detailed Technical and Commercial Bids by Prequalified companies.
(ix) Evaluation of Technical and Commercial Bids.
(x) Announcement of Winning Bids.
(xi) Farm-out agreement negotiations and signing.

Looking at the details of the activities involved in this eleven (11) step process, we can posit the 2020 award programme will involve, broadly, three stages:

(i) Stage 1 – Announcement: DPR will announce the commencement of the programme and launching of the website and portal.
(ii) Stage 2 –Prequalification: Interested companies will make applications and the DPR will select required applicants
(iii) Stage 3 – Bid: Pre-qualified applicants will submit technical and commercial bids and the DPR will evaluate them and announce winners.

The bid winners will then enter a farm out agreement with the OML holder (Leaseholder) of the awarded marginal field.

Prequalification and Bid
From Section 5 of the Guideline, we gleaned the following key requirements for the prequalification and bid:
 Company’s registration details, including in relation to paid up share capital.
 the Company is substantially Nigerian;
 the Company’s promoters are persons or entities with petroleum exploration and production experience at high level;
 there is substantial Federal Character representation in the ownership, management and control of the company;
 there is substantial Niger Delta representation in the ownership, management and control of the Company;
 no director of the company holds more than 25% of the Company’s shares.
 The quality of the company plan if awarded the marginal field
 Company’s Financial strength, including in relation to balance sheet and ability to raise financing;
 Evidence of company’s Technical and Managerial Capability, especially concerning how it will develop and operate the field;
 Statement of plan in relation to the Company’s commitment to the recruitment, training and growth of staff generally and indigenous capability in particular;
 Evidence of, or statement of the Company’s plan for, the involvement of local community in the operation of the Company;
 Company’s procedure and control systems and
 Evidence of payment of requisite fees and ability to pay expected fees and signature bonus.

Joint Participation
Where two or more companies decide to participate jointly, the Leaseholder and the Parties shall promptly enter into negotiations regarding the terms and conditions of the Farm-out Agreement. The Parties shall endeavour to reach an agreement within 90 days. However, in the event that the Parties fail to reach an agreement with respect to any of the terms and conditions, either Party may notify DPR. In such cases, the Minister of Petroleum Resources shall adjudicate in respect of the relevant terms and conditions.
On the other hand, where two or more companies are awarded one field, the Joint Operating Agreement (JOA) shall be negotiated and agreed/executed prior to signing the Farm out Agreement with the Leaseholder.

TimeLine
Section 5.6 of the Guideline provides that the overall process is not expected to take longer than six months from the date of announcement to contract signing. It is our view that this is an ambitious timeline in view of the effect of COVID-19 pandemic on the economy and restriction of movement.
Conclusion

The Guidelines set outs incredibly detailed requirements and methodology for each stage of the process. We reckon these require careful guidance from expert advisers, including lawyers, geologists and finance professionals.

Ikechukwu Uwanna is the Managing Partner of Tsedaqah Attorneys’, a Lagos based Firm which have advised clients on previous marginal fields programmes.

Thenigerialawyer

Justice Salami Panel Probing Suspended EFCC Acting Chairman, Magu, Gets Six-week Extension

The Presidential Investigative Panel established by President Muhamamdu Buhari to probe the activities of suspended Acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, has been given fresh six weeks to continue with the work.

Head of the panel, Justice Ayo Salami (retd), has applied to travel to the United Kingdom to “investigate” the case of a former Minister of Petroluem Resources, Diezani Alison-Madueke, who has been accused of financial misappropriation on a grand scale.

In a bid to nail Magu, the panel is planning to bring ex-Chairman of the defunct Pension Reform Task Team, Abdulrasheed Maina, to testify against the the former acting EFCC boss.

It was gathered that the Attorney-General of the Federation, Abubakar Malami, has encouraged Maina to write a petition asking for a review of his case in order for the plot against Magu to materialise.

Independence Of The Judiciary In Nigeria Is Now Or Never By Douglas Ogbankwa

The battle for the Independence of the Judiciary in Nigeria is now or never.

Bar Leaders act as if things are okay.

The Nigerian Judiciary is under siege from Politicians and it is now a laughing stock by the Public and the International community.

Injunctions are now common place, even those that determine the main Matter at Ex Parte or Interlocutory Stage.

We lost it during the Onnoghen Case. Justice Walter Samuel Onnoghen, the then Chief Justice of Nigeria was removed from Office with an Exparte Order by the Chairman of the Code of Conduct Tribunal, who is equivalent to a Magistrate and we all stood by and watched. What a shame!

I said it then, that it was not about Onnoghen, but it was about the desecration of an Institution that is sacred. That desecration is now haunting us all.

Now things have become sore and even more dire.

Citizens will seek Injunctions against governments when they have established legal rights, have shown the urgency in the matter, shown that the balance of convenience is on their side and that damages will not adequately compensate them for the looming losses, if the Injunction is not granted and they are denied the injunction, which necessarily is concomitant from the facts of their case.

In the converse, government and forces in and around government seek for even Ex Parte Injunctions, when they have not shown any established legal right, where the order sought will one way or other determine issues in controversy and the Injunctions are granted, even in the face of insufficient affidavit evidence and the Law which precludes such Judicial Indiscretions.

Justices Taslim Elias, Fatai Atade Williams, Chukwudifu Oputa, Udo Udoma, Aniagolu, Mohammed Bello, Peter Irekefe, will all be crying in their grave, lamenting the State of Nigerian Judiciary.

The Bar must rise up to the occasion.

The Appointment Process of Judges must be taken out of the purview of Politicians. In this regard, we must amend the Constitution to leave Judicial Appointments to Judicial Authorities alone. The Chief Judge of a State should be the one swearing in newly appointed judges, while the outgoing Chief Judge of a State should swear in, the incoming one. Ditto for the Federal Judiciary. A Governor who has cases in Court and whose has many interests to protect through the Courts, should not have a say on who becomes a Judge or who becomes the Chief Judge. There must exist conflict of interest, if it happened that way. You can not avoid the soap from getting into your eyes, if you used it take your bath.

We will not be proud to bequeath this Judiciary to our Children.

You might be gaining the system today, but you can become a victim tomorrow.

We should also fight for the Financial Independence of the Judiciary, as provided for by Section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), which provides thus:

“Any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts concerned”

There is no magic about the issue. Just pay the money standing to the credit of the Judiciary on first line Charge from the Consolidated Revenue Funds to the Heads of Court .It is that simple. What is hullabaloo about this? If you protect the Rule of Law, while in Office, the Rule of Law will protect you, while you are out of Office.

A situation where a Chief Judge goes to the Government House and beg for Money that is that of Judiciary and sometimes they are denied is completely unacceptable.

Those in Power should also know they will not be there forever. You will be a victim of the system tomorrow if you do not follow the Law. I promise you that.

Aledeh News is not liable for opinions expressed in this article, they’re strictly the writer’s

Court Slams N350, 000 Damages Against IGP For Unlawful Arrest Of Delta Journalists

A Delta State High Court sitting in Otor-Udu, Udu Local Government Area presided over by Hon. Justice Roli Daibo Harriman has awarded the sum of N350,000 against the Inspector General of Police, Muhammad Adamu alongside the O/C IGP Monitoring Unit, DCP Abba Kyari; and Detective Reuben Noah for unlawful arrest and detention of some journalists in Delta State. Also, the Court ordered that an apology should be tendered and published in three national dailies within 14 days.

The journalists, Matthew Omonigho, Christopher Odamah and Onyekachukwu Meluwa of Daily Post, Delta Trumpet and The PUNCH newspapers in Delta State were all unlawfully arrested and detained in Warri by the IGP Monitoring Unit.

However, in a separate applications for the enforcement of their fundamental rights in Suit No: OUHC/FHR/87/2020, OUHC/FHR/86/2020 and OUHC/FHR/85/2020, they prayed the Court for an award of N10M damages each.

Meanwhile, the Court held that:
“The assault, beatings and arrest of the applicants by the respondents on Tuesday, 26th day of May 2020 at the Press Centre of the Warri Correspondents Chapel of the Nigeria Union of Journalists, Warri; and the subsequent detention of the applicants by the respondents from 4:30pm till midnight in their cell at the respondent’s Police Area Command Office Warri, is a violation of the applicant’s fundamental right to liberty and right to private and family life as guaranteed by Sections 34(1),35(1) and 37 of the Constitution of the Federal Republic of Nigeria 1999 as Amended.”

His Lordship further said that “the actions of the respondents were calculated, and did breach the fundamental rights of the applicants, and they are entitled to compensation.”

The journalists, Christopher Odamah, Matthew Omonigho, Onyekachukwu Meluwa, Edeki Igafe (NAN Correspondent) and Francis Sadhere (Business Day Correspondent) were arrested and detained at the Police Area Command, Warri, from 4:30pm to 12 midnight by men of the IGP Monitoring Unit, Abuja, led by one Detective Reuben Noah, without any formal charge and in lieu of one of their colleagues for no just cause.

Meanwhile, the Court awarded to Onyekachukwu Meluwa of PUNCH, N100,000; Christopher Odamah of Delta Trumpet, N100,000 and Matthew Omonigho of Daily Post, N150,000.

Furthermore, the counsel to the three journalists, Oghenejabor Ikimi ,Esq lauded the judgement of the Court.

The counsel noted that that Christopher Odamah, Matthew Omonigho, Onyekachukwu Meluwa, Edeki Igafe (NAN Correspondent) and Francis Sadhere (Business Day Correspondent) were arrested and detained at the Police Area Command, Warri, from 4:30pm to 12 midnight by men of the IGP Monitoring Unit, Abuja, led by one Detective Reuben Noah, without any formal charge and in lieu of one of their colleagues for no just cause.

“Pursuant to the intervention of the Delta State Commissioner of Police, Mr. Inuwa Hafiz and others, the said five journalists were released on administrative bail at about 12 midnight same day”. He said.

“Owing to the above development, the Centre for the Vulnerable and the Underprivileged took special interest in the case of the above journalists and did write the Inspector General of Police on the issue, demanding public apology to be rendered forthwith by the Police High Command to the said journalists, but same was to no avail.

“Following the refusal of the Police High Command to tender public apology to the said journalists, CENTREP filed the below mentioned fundamental rights suits on behalf of three of the journalists at the Delta State High Court, Otor-Udu.” He added.

”The above suits were not aimed at disparaging the Nigeria Police Force as an institution, but same is actually geared towards deepening our democracy and to further enhance our human rights culture.” He noted.

DSS quizzes Jackrich over N6.25bn NDDC palliative scam allegation

The Department of State Security (DSS) has invited and quizzed Chairman, Niger Delta Development Commission (NDDC) COVID-19 Palliative Distribution Committee, High Chief Sobomabo Jackrich.

It was gathered Jackrich’s invitation was following a petition he sent to the National Assembly accusing the Interim Management Committee (IMC) of NDDC of diverting N6.25bn palliatives for Niger Delta region approved by President Muhammadu Buhari.

Jackrich, who confirmed the development, said the IMC petitioned the DSS accusing him of using the NDDC letterhead in the petition he sent to the National Assembly.

He said: “I was invited August 24 to meet with the State Director of the DSS in Rivers state. The invitation, which came through a phone call from an operative from the Rivers State Command was said to be in connection with a petition from the Niger Delta Development Commission

“The NDDC accused me, an appointee of the commission of using the letterhead of the NDDC to petition the National Assembly against the Interim Management Committee of the NDDC.

“For the avoidance of doubt and as a responsible citizen, I decided to honour the said invitation on August 25, 2020.

“It is important to note that I had in my capacity as Chairman of NDDC COVID-19 Palliatives Distribution Committee petitioned the National Assembly to investigate the alleged diversion and misappropriation of N6.25bn palliatives funds approved by President Muhammadu Buhari.

“I alleged in the petitions to both the Senate and the House of Representatives that the NDDC Interim Management Committee IMC led by Prof. Daniel Pondei has misappropriated the money undeniably”.

Jackrich, however, said the DSS officials were professional while interrogating him as they gave him fair hearing.

He alleged action of the IMC was designed to compromise his petition, which he said was pending before the National Assembly and other agencies.

He insisted no amount of intimidation by the IMC would stop his moves and desire to secure justice for the people of the Niger Delta.

He said: “The DSS in their wisdom acting on the said petition by the IMC invited me and their engagement with me was highly professional as they fairly heard me.

“However, these moves by the IMC is aimed at using state institutions and apparatuses to both circumvent and compromise the process over the petition which is yet pending before the National Assembly and other relevant agencies.

“The IMC seeks to intimidate me from further insistence on justice in the matter knowing that the issues I raised in the petition against them are incontrovertible and undeniable.

“Hence they resorted to seeking to strangely criminalizing my use of the Commission’s Letterhead without minding that I am an appointee of the Commission and my appointment is still subsisting with my appointment letter still very much alive.”

Babalakin, ASUU appear before UNILAG visitation panel

The recused Governing Council Chairman of the University of Lagos Wale Babalakin has appeared before the special Visitation Panel set up to investigate the institution’s affairs.

He came in for the hearing scheduled for 9am.

The panel sitting at the Council Chambers of the university will also receive the UNILAG branch of the Academic Staff Union of Universities (ASUU) by 2pm.

Former Registrar of the university, Mr. Olurotimi Shodimu has also been seen at the Council Chambers.

The embattled Vice-Chancellor, Prof. Oluwatoyin Ogundipe appeared before the panel on Monday.

Managing Workplace Politics: If You Don’t Play, You Will Pay

I had two bosses of mine who wanted me to work with them directly in 2002. Both bosses were highly competitive and I was caught in a crossfire, kind of.
Both of them sent a mail to HR requesting for me and HR now sent me a mail that I should make a choice. The HR person copied both bosses the mail sent to me. How do I make a choice without offending the other?

Eventually, I told both of them (separately) that they are my bosses and whatever they decide is okay with me. One of them now sent a mail to HR that I agreed to work with him.
I was subsequently deployed to him- of course, the other person felt slighted but the issue was handled well because the mail did not emanate from me. That was actually my introduction to office politics.
All workplaces are political because of 3 major reasons:

  1. We carry our personal lives into our professional lives.
  2. Politics is about people. Where there are people, there will be politics.
  3. Everyone has an agenda in the workplace. For some it’s promotion, salary, etc
    For as long as there are diverse opinions, competing interests and different personalities, there will be politics in the workplace. You can’t run away from office politics as if you don’t know how to play well, you’ll pay for it.
    Your work alone will not get you promoted, especially at certain levels. There is someone else who knows what you know. How well you manage or handle office politics is a predictor to how far you will go. You’ll be left behind if you don’t know how to handle it.
    You don’t have to play dirty. The higher you rise in your career, the more politically savvy you must be. Achieving set targets and your KPIs is just half of the job. Talent is not enough.
    There are 3 major factors that may help us understand the workplace:
  4. Power & Influence Structure

Who are the real brains behind the business?

Who are the key decision makers?

Who are the influencers?

Who is respected?

Who champions or mentors others?

In every office, there are formal and informal leaders. There are leaders without titles. The secretary to the boss may be very influential. Know who holds power or wield influence.

  1. The Rules

There are written rules and unwritten rules. Written rules include staff handbook, etc. Unwritten rules can be as basic as who sits where, etc.

  1. The Culture

Is it conservative? Innovative? Hierarchical?

Culture is the way things are done.
During the banking consolidation era, I was part of two organisations that came together. In my legacy company, we had a first-name basis policy.
However, when we merged with the other organisation, I called another colleague in the other company by his first name and he took a serious exception to it. I had to prostrate to apologize because he threatened to deal with me. Understand the culture of the place where you work
12 tips on handling workplace politics:

  1. Understand the political landscape and culture. Don’t ‘jump’ when you get to a new place or environment. Observe.
  2. Develop your social skills and relational intelligence.

Network. Build relationships.

  1. Don’t wear your emotions on your sleeves at work. Be careful how you send mails. Never send mails when angry. Don’t get personal.
  2. Mind your speech when you’re with power brokers or in the office. Don’t say what you’ll be ashamed of if you’re quoted. Be careful when others carry gossips to you. Silence can never be misquoted.
    Never speak ill of your boss. .

I end up hearing what my subordinates say about me.

  1. Be quick to adapt when there is a leadership change. Change is constant- expect it.
  2. Be good at reading people, especially your superiors. Study their moods. You’ll be more effective if you can read your bosses more correctly.
  3. Give credit to your boss and demonstrate loyalty. Every boss likes those who make them look good. It’s just human nature.
  4. Be in the good books of the immediate staff of your boss. Don’t under- rate them. They have more influence than you think.
  5. Cultivate relationships. You’ll go far if you know how to manage relationships. Your relational intelligence will take you father than IQ can. Be likeable. People recommend only those they like.
  6. Never display your ambition openly.

Everyone has ambitions. Be careful who you share your plans with. Don’t cast your pearls before swine. Maintain a guard on your lips.

  1. Develop other abilities that make you relevant and indispensable at work.

Have cross-functional skills. Don’t be a one-role specialist.

  1. Be professional in all you do.

You’ll be hard to get if you’re professional.

(Excerpts of a presentation at a workshop) copied.

The Story of Qaphela Titus Gobodo who is turning tragedy to truimph

To celebrate the birthday of former South African President Nelson Mandela, Ultimate Rugby has decided to share the story of Qaphela Titus Gobodo whose life was almost taken away from an act of jealousy, hatred and racial prejudice.

Nelson Mandela’s birthday is now celebrated across the globe with the idea that each individual has the power to transform the world, the ability to make an impact. The idea is that Mr Mandela spent 67 years making the world a better place and the campaign asks you for 67 minutes of your time doing something positive for their communities in honour the late Nelson Mandela.


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Today, we share the story of Qaphela Titus Gobodo from Wellington, Western Cape in South Africa. 

Qaphela was attacked by four boys who were walking behind him, one of the boys hit him on the head causing him to collapse to the ground. The boys poured paraffin or thinners, all over his body, and set him on fire. An ambulance was called, and he was rushed to Paarl Hospital.

Why was this done? All of this was because he got a bursary from Hoerskool Garsfontein in Pretoria after he displayed his rugby ability at his school where he happened to be the only great black player amongst his teammates.

When he went back to school, he received no but he became a laughing stock. He didn’t care what his peers said or thought about his appearance. All he wanted was to recover, so he could go back to the field and do what he does best, play rugby!!!

Qaphela wasn’t receiving the best medical attention, as his mother didn’t have enough funds to get him the best medical help.

Today he is on the road to full recovery and has started training for rugby again and recently posted photo shoots he had on the rugby field. 

Those who can lend a hand and help in any way can get in touch with Qaphela via his Facebook page here . No justice has yet been done concerning the boys who committed this heinous crime.

A crowd funding page has been launched to help Qaphela and his family. 

CLICK HERE TO DONATE TO QAPHELA

Story via: Joyful FM

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