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Falana, SAN, Calls On Buhari To Stop Members Of His Family From Using Aircraft In The Presidential Fleet

MURIC: Hanan Buhari Flying on Presidential Jet an Inspiration to Youth

Human rights lawyer, Femi Falana (SAN), has described the use of Presidential jet by children of President Muhammadu Buhari for private social functions, as illegal.

Speaking to newsmen over the weekend, Falana said the children of the President have no right to convert the Presidential jet to personal use.

But, MURIC in a statement signed by its director, Professor Ishaq Akintola, defended the president’s daughter’s action.

MURIC claims that critics are just making a mountain out of a molehill.

However, Falan berated the President’s Senior Special Assistant on Media and Publicity, Garba Shehu, for saying all members of the first family had the right to use the Presidential jet for private engagements.

Buhari’s daughter, Hanan, had come under fire for using the Presidential jet to attend an event in Bauchi State last week, where she was invited to take pictures and make a catalogue of Bauchi arts and culture as part of her pet project.

In reaction to criticisms, the President’s spokesman admitted that Hannan had flown on the presidential jet, but insisted that it was a normal practice.

“The normal practice in existence for a long time is that the presidential air fleet is available to the president and the first family and four others. These four are the vice-president, the senate president the speaker and any other person authorised by the president,” Shehu had said.

But in a statement on Sunday, however, Falana described the use of the Presidential jet for personal use as an abuse of office, and privatisation of the presidency of Nigeria.

“The so called ‘normal practice’ of using the aircraft in the presidential fleet by members of the first family to attend to private engagements is not backed by any extant law or official policy,” he said.

“In view of the foregoing, we call on President Buhari to stop the members of his family from using any of the aircraft in the presidential fleet “with a view to cutting down on waste”.

“A country that is said to be the headquarters of the greatest number of poverty stricken people in the world cannot afford to waste billions of Naira on the use of presidential aircraft and hiring of commercial jets by state governors that are owing workers several months of unpaid salaries.”

The senior advocate also asked the Presidency to apologise to Nigerians rather than justify the act.

Lashing out at critics, describing them as ‘petty, mean and most uncharitable’, MURIC insists that Hannan’s invite by the Emir of Bauchi is not a private event.

They then urged politicians to desist from politics of negativism and encouraged Nigerians to see Buhai’s daughter as an inspiration to youths.

The statement read: “An emirate has shown keen interest in the uncommon skill of the president’s daughter. The emirate therefore invited her to demonstrate the skill at a public function. So how private is a private function? Those who described the occasion as personal to Hanan are petty, mean and most uncharitable.

“How private is private? Are we saying that the traditional institution is inconsequential? What happened to our respect for our norms and values? Are we to assume that our system no longer recognises the traditional institution? If so, why do governors still appoint emirs, obis and obas? If the law of the land still recognises traditional rulers, Hanan’s invitation to Bauchi cannot be rightly described as a private affair.

“Besides, that function passed a strong message to Nigerian youths, especially the Nigerian girl-child. It poses a challenge to them to eschew laziness. More importantly, it underlines the significance and relevance of every aspect of human knowledge. This is a very important message wailers missed.

“An intelligent and objective observer will see beyond the use of a presidential jet. Well, only the deep can call to the deep. We all know that Nigerians will give their right eyes to secure admission for their children to read choice courses like medicine, law, accounting, banking and finance, etc.

“They pay little attention and give complex to those reading what they regard as ‘low profile’ courses like theater arts, education, religion, photography, etc.

“Hanan Buhari has challenged the status quo. She read photography and made first class. We salute her. She has done the Nigerian girl-child proud. She elevated a ‘low profile’ course thus raising the spirit of those poor students reading similar courses.

“We have chosen to address the tangential, not the peripheral. What’s in a presidential jet when the dreams of thousands of Nigerian students have been rekindled?

Hanan Buhari is saying, ‘Stop looking down on those who read less glamorous courses. Stop despising artists. They are the gem of the collection’. Therefore, Hanan Buhari symbolises courage, hope and success. Instead of criminalising her action, wailers should realise that she has elected to inspire Nigerian youths to be hopeful and hardworking.

“Besides, President Buhari should not be guillotined for permitting her daughter’s use of the jet. Afterall, it was not for any frivolous jamboree like shopping in Dubai. We may want to ignore the excesses of past landlords of Aso Rock to justify PMB’s action. But it is on record that some first ladies actually excelled Marie Antoinette, wife of Louis XVI in extravagance. Whereas PMB exhibited prudence each time he attended the United Nations’ events, we know those who went with about 150 in tow, brandishing pomp and pageantry on the streets of Washingon DC to the consternation of other delegates. We know past presidents who gave out presidential jets to their cronies and praise-singers, their aourt jesters and bootlickers. But we will not descent to that petty level.

“It amounts to overzealouness on the part of critics to grab every little straw and make mountains out of mole hills. They are simply trying to draw the attention of Nigerians away from PMB’s monumental achievements simply because they were merely looking for the president’s faults.

“We appeal to politicians to change from politics of negativity, retardation and destruction to positivism, patriotism and constructive engagement. It is not everything that political opponents do that we must sensationalise and demonise. It raises true democrats above the herd to appreciate good things in the opponent.

“As we drop the anchor, we appeal to Nigerians to ignore the razzmatazz in the presidential jet furore. Rather, attention should be given to the lessons inherent in Hanan Buhari’s outing. We call on Nigerian youth to see light at the end of the tunnel. There is a bright future for those who face their studies and vocations no matter what field. Politicians should desist from politics of negativism.”

You Can’t Justify Criminalised Entitlement, Odinkalu, Slams Presidency Over Abuse Of Presidential Jet

CHIDI Odinkalu, former Chairman of Nigeria’s National Human Rights Commission (NHRC) has demanded that the presidency apologise to Nigerians and stop justifying ‘criminalised entitlement’ after President Muhammadu Buhari’s daughter, Hanan was criticised for flying presidential jet for a private travel, According to The ICIRreport.

Hanan, a recent graduate of Ravensbourne University, London with First Class in Photography was pictured alighting the presidential jet on Thursday to attend a  Durbar festival in Bauchi.

It was gathered that the Durbar was specially organised to avail her the opportunity to take photographs of the traditional Durbar, Bauchi architecture and other cultural sites in the state

This had generated criticisms on social media on whether or not president’s children are entitled to using the presidential jet.

But in response, Garba Shehu, Senior Special Assistant, Media and Publicity to the president stated that Buhari’s children have the right to use the Nigerian Airforce One, Punch reports.

Shehu revealed that Hanan got the approval of her father who in turn informed the National Security Adviser.

However, while speaking to The ICIR in an interview, Odinkalu, Nigeria’s foremost lawyer and human rights activist stated that the current administration which sold itself on a crested coat of integrity has been acting outside the lines and against the rules.

“For an administration that sold itself on a ticket of integrity, these guys are acting entitled to the point of criminality,” Odinkalu said.

“Rather than seek to justify it, they should simply apologise. They should also bury their heads in shame.”

Reacting also,  human rights lawyer, Abdul Mahmud, described Hanan’s use of the presidential jet as the ‘height of abuse of presidential privileges by the First family.’

Mahmud, who was one of the lead counsels who represented the convener of the Revolution Now, Omoyele Sowere against the State Security Service (SSS) told The ICIR  that since the start of civilian rule, the use of the presidential jet has only been to the exclusion of the president, vice president, senate president and the chief justice of Nigeria, until now.

While noting that issues such as the use of presidential jet is not dealt with by the Constitution, he, however, Mahmud quoted Section 5 of the 1999 Constitution which states that executive powers and privileges can only be enjoyed by Mr president.

He also faulted the presidential spokesperson for defending the use of the presidential jet by a member of the first family.

” What Garba Shehu claimed is incorrect. The president doesn’t include the daughter who flew on a presidential jet to attend to a private function.” Mahmud said.

In a message sent to Punch, Shehu said: “The normal practice in existence for a long time is that the Presidential Air fleet is available to the President and the first family and four others. These four are the Vice President, the Senate President the Speaker and any other person(s) authorised by the President.”

Reacting to this,  Mahmud stated that the opposite happens in the United States and the United Kingdom, which he reiterated is the 5th biggest economy in the world.

According to him, the first family is required to pay for its feeding in the White House, adding that  Trump’s daughter Ivanka has faced rejection on many occasions on the use of the Air Force One.

During the last Christmas, Boris Johnson, UK Prime Minister, flew economy class of a commercial airline for his holidays.

Lamenting that while Nigeria is christened as the poverty capital of the world, it allowed the president’s daughter the luxury of increasing the country’s carbon footprint in ‘wasteful use of the presidential jet’.

In recent times, Nigerians have also lamented the allocation of N8.5billion for the maintenance of the Presidential fleet in the 2020 budget.

Soleimani and our search for something good

By Dare Babarinsa

The assassination last Friday of General Qassem Soleimani, 62, the Iranian military commander, has introduced another dimension to modern warfare. On the day of his death, Soleimani was surrounded by his faithful military guards who were well armed and they were prepared to confront any aggressor that might threaten their principal, a man of power and influence. But then, when death came from the sky, they were helpless. They may not have been aware of the American military drones that suddenly happened on their convoy from the sky and blasted Soleimani and all members of his entourage. Their death was fiery and immediate. Then the drones returned to base.
The base may be an American Aircraft carrier on the Mediterranean Sea or any military base in the Middle-East. Soleimani, the commander of the Islamic Revolutionary Guard Corp, IRGC, has commanded the unit since 1998. He was regarded as the most powerful military figure in Iran, overseeing the Shiites state involvements in many theaters’ of politics and conflicts including Syria, Lebanon, Yemen and Saudi Arabia. He was feared by his opponents and fiercely loved by his supporters. During his burial processions, at least 50 mourners died in the stampede to get a better glimpse of their hero.
The assassination of Soleimani, ordered by American President Donald Trump, is another indication that science is changing the meaning of war. Instead of sending soldiers and manned aircraft, America has deployed unmanned drones to take off an alleged foe with deadly precision. What we need to ask is what is the fate of Nigeria in a world dominated by science and scientific enquiries?

One of the most disturbing things at this period is the depressing indifference of most members of the Nigerian ruling elite to intellectual products. To balance this hostility is the neurotic love of the Nigerian youth to the pleasurable aspect of the internet and social media. During the early days of Africans interaction with the West, the gin, brandy and whisky were valued items of exchange for African slaves. Human lives were given in exchange for a bottle of gin or brandy. Sometimes, human life was not worth more than a mirror.
Today, the Western world has given the African youth the tantalizing item called the mobile phone. Almost all Nigerian youths are constantly glued to it. They sleep with it. They wake up with it. Some of them can never switch off their mobile phones even in the place of worship when they pretend to go into ecstasy before God. The mobile phone and its other varieties has become the new bottle of gin, brandy or schnapps.
Few months ago, I asked a young lawyer whether he has ever heard of the name Kayode Esho.
“The name is familiar,” she said, not too sure whether he was a footballer or juju musician. She did not have any clue about one of the greatest legal minds ever to honour the bench of the Supreme Court of Nigeria. There is a general epidemic of ignorance among the youths of Nigeria who knows next to nothing about their own country and its challenges, its power and its weaknesses. These are the same youths who are living in the same milieu of those youths who are using drones to fight modern wars. I hope the young students of the Nigerian Defence Academy, NDA, would be exposed to this snippets of the next war and beyond.
Only this Monday April 6, Nigerians gathered at the University College Hospital, UCH, Ibadan, to celebrate the life and legacies of Professor Kayode Osuntokun, Nigeria’s most famous neurologist. Osuntokun, who died in 1995 at 60, was the first person in the world to win the Charles Drew Award for medicine. If he had lived longer, it would not be far off the mark that he would have won the Nobel Prize for medicine. His prodigious work on African medicine in the field of neurology commanded universal respect. When he died the Independent of London wrote an editorial to celebrate him, lamenting the passage of a giant who “when he came to the England, he came to learn. In the end, we were the one learning from him.”
When Osuntokun was a young doctor at the UCH, Ibadan was the centre of Africa’s intellectual response to the world. Ibadan was the city of the likes Akin Mabogunje, Ladipo Akinkugbe, Chinua Achebe, Christopher Okigbo, Ojetunji Aboyade, Wole Soyinka, Jacob Ade-Ajayi and many other giants. At a time, the UCH was rated number nine among all the teaching hospitals in the Commonwealth. It commanded a higher reputation than many hospitals in Canada, Australia and India. I don’t know its rating today on the world stage, though it remains one of the very best on the African continent.
One is apprehensive however that in the next frontier of the world, the frontier of knowledge, Africa appears to be the least ready. What is responsible for this is the state of primary and secondary education in Africa and especially Nigeria. We can take the cue from Nigeria where the average Primary or Secondary school leaver appears unprepared to do any serious job except the menial ones.
To build outstanding scholars and world class scientists, policy makers need to revisit our primary and secondary school programmes. One of the things that was done during the era of Chief Obafemi Awolowo in the old west was to concentrate a lot of resources on primary education. At the end of the day, primary school leavers were so good that they could be hired as teachers in the lower classes. By the time a child finishes secondary education, he was considered good enough to tackle any job.
Today, how many Nigerian university graduates could be considered the equals of the likes of Chief Anthony Enahoro, who became a journalist shortly after leaving Kings College and became editor of the Southern Nigerian Defender at 21? Within a few years, he became one of our country’s most brilliant parliamentarians and as Minister of Information, participated in bringing the first television station to Africa, the Western Nigeria Television Service, WNTV. Today what has happened to the meaning of secondary school leaving certificate?
We need to examine the training and re-training of teachers and the curriculum that produces graduates without learning. Secondly, it is simply not right to have a secondary school at this age which has no library. It is criminal to have a secondary school library that does not enjoy daily supply of newspapers and magazines. This was not the situation in our days when Nigeria was regarded as a poorer country when the Head of State of Nigeria and the governors were riding in prim Peugeot cars. Today, each of our governors want to ride in the most expensive cars.
Nigeria is a rich country made up of poor people. We cannot harvest the wealth of our country if we don’t invest heavily in the pursuit of knowledge. We may not be able to produce drones that could tackle today Boko Haram terrorists, but at least let us prepare our children for the world of the future when national power and national pride would be measured in the quantum of knowledge.

The Guardian

7 Best Lawyer Shows on Netflix You Must Watch

Gaurav Bidasaria

Courtroom dramas can be a gripping tale of facts, lies, and deceit all mixed up into one. A legal, procedural drama can be both thought-provoking and satisfying. A good series will keep you guessing till the very end and leave you speechless when the final scene plays out. Here are some of the best lawyer shows on Netflix that you can binge-watch this weekend. Grab some beer.

Lawyer Shows On Netflix

Let’s begin.

1. BETTER CALL SAUL

If you haven’t watched Breaking Bad (how could you), you need to watch it first. Saul Goodman’s character was introduced in the series that gave a villain for the ages. He is a witty and sleazy lawyer with a weird sense of humor.

Lawyer Shows On Netflix 1

A prequel to the Breaking Bad series, Saul Goodman mostly represents the bad guys, and helps them navigate the tricky lines of law and order.

Watch Better Call Saul

2. DAREDEVIL

Daredevil takes a darker tone than Marvel movies and even other Marvel Netflix series. Matt Murdock is a blind lawyer by the day and a vigilante with enhanced senses by the night. Most cases are solved by hand to hand combat in the dark alleys of Hell’s Kitchen because, well, superhero!

Lawyer Shows On Netflix 2

The action sequences are something you are going to savor for a long time to come. They just don’t make it like that anymore. It’s a gritty tale with complicated characters leading to other Marvel shows crossovers like Luke Cage and The Defenders. That’s Netflix’s way of saying we got our own superhero team.

Watch Daredevil

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7 Must-Have Android Apps for Netflix UsersREAD MORE

3. HOW TO GET AWAY WITH MURDER

A fast-paced show with a number of twists, How to Get Away With Murder sees Viola Davis and her students get involved in a murder mystery. In fact, a lot of people die and you will quickly realize it is a Game of Thrones for the modern world. Every season, important characters dying in unexpected ways and situations.

Lawyer Shows On Netflix 3

The whole show revolves around a defense attorney and her students trying to get away with… murder. They become the suspects. Needless to say, the show and its cast were nominated for and won multiple awards including Oscar and Tonys.

Watch How to Get Away With Murder

4. THE PEOPLE VS. O.J. SIMPSON

O.J. Simpsons’ murder trial is considered to be trial of the century by many. The trial itself was covered widely by the media, and talked about by the people at all levels. A car chase and a trial that was so public and much publicized.

Lawyer Shows On Netflix 4

The People vs. O.J. Simpson shows us what happened behind the scenes, the anger in a society that was divided by race, people with their own agendas, and some excellent performances from big screen actors like John Travolta and Cuba Gooding Jr. A must watch even if you are not into legal docudramas.

Watch The People vs. O.J. Simpson

5. BLUE BLOODS

Blue Bloods is all about police procedures and the law and order side of it. The action is realistic and the acting is excellent. The story revolves around the Reagans, a family with generations of cops who love what they do and are exceedingly good at it.

Lawyer Shows On Netflix 5

No, it’s not nepotism but sheer talent and love for what they do that motivates them to join the service. Each family member handling a different aspect of the law, Blue Bloods is a crime drama that has all the ingredients of a crime drama. Tom Selleck is brilliant and suave as always. No wonder, it’s got an amazing IMDb rating.

Watch Blue Bloods

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6. NCIS

NCIS is a government agency that is tasked with solving crimes that happen in the Navy and Marine Corps. Not something you come across everyday. With 15 seasons, I think the showrunners didn’t know just where to stop. Still, NCIS makes for a compelling law and order drama series that remains popular even today. Especially, overseas in the France and Australia.

Lawyer Shows On Netflix 6

Part of the success can be attributed to JAG, another popular lawyer show and of which, NCIS is a spin-off. That means carryover audience but you still need to deliver the goods, and NCIS does. NCIS is slower in the beginning and picks up pace in around Season 3 and 4, so be prepared.

Watch NCIS

7. SCANDAL

Scandal is loosely based on the life of Judy Smith, a real-life Washington D.C. fixer who frequently represented high profile politicians and athletes like Monica Lewinsky and Kobe Bryant. The show revolves around Olivia Pope, and her job is to help these high profile people when they are involved in a scandal. Sounds familiar?

Lawyer Shows On Netflix 7

Somehow, these people with larger than life images always find themselves in the midst of a storm. We all have our secrets, don’t we? Given the nature and theme of the show, it’s surprising how the showmakers were able to include funny scenes and get away with it. Scandal shows how the government is favoring the rich, and busy protecting its own agendas rather than working for the greater good. Add it to your watching list right now.

Watch Scandal

I SOLEMNLY SWEAR THAT I AM UP TO NO GOOD

Lawyer shows and courtroom dramas can be slow but gritty and suspenseful at the same time. It all depends on the theme and how it was carried out. Several good shows didn’t make the list because they are currently not available on Netflix. For now, enjoy the ones that are.

Cheating: Father backs daughter in-law against son in court

By Olawale Akinremi


Ibadan – Alhaji Mukaila Eniola, the father in-law to one Kafayat Eniola, on Friday told a Mapo Customary Court in Ibadan that his son, Saheed, lied against his wife that his younger brother was caught having sex with her.

He told the court that such a thing was only an excuse by Saheed because it never happened.

Kafayat, had on Nov. 27, 2019 filed a divorce suit against her husband, citing his gross irresponsibility and carefree attitude to her and their two children.

She also stated that her husband had abandoned her for 12 years to resettle with another woman.

Saheed, who consented to the suit, said that his father had on several occasions caught his wife having sex with his younger brother, Jelili, when he was not at home.

He also doubted whether the two children produced by his wife belonged to him.

Against this background, the court summoned Saheed’s father to clear the air on the allegations leveled by Saheed against his wife.

But Saheed’s father, in a message sent through the court’s bailiff, said that there was never a time he told Saheed that he caught Kafayat in an amorous relationship with her husband’s younger brother.

“Even if I caught Kafayat and her husband’s younger brother sleeping with each other, how would I have gone ahead to tell Saheed, do I want to destroy my own family?

“Saheed is a big liar, I never mentioned anything like that,” Saheed’s father said.

In his judgment, the court’s President, Chief Ademola Odunade, dissolved the marriage and granted custody of the two children to Kafayat.

Odunade directed the defendant to pay N10,000 as the children’s monthly feeding allowance in addition to being responsible for their education and other welfare needs.

(NAN)

Muslims Who Want To Live Under Islamic Sharia Law Were Told To Leave America

U.S. President Donald Trump

Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of AMERICA, as the government targeted radicals in a bid to head off potential terror attacks

Separately, TRUMP angered some American Muslims on Wednesday by saying he supported spy agencies monitoring the nation’s mosques.

Quote:

‘IMMIGRANTS, NOT AMERICANS, MUST ADAPT… Take It Or Leave It. I am tired of this nation worrying about whether we are offending some individual or their culture. Since the terrorist attacks, we have experienced a surge in patriotism by the majority of Americans.

‘This culture has been developed over two centuries of struggles, trials and victories by millions of men and women who have sought freedom.

‘We speak ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language. Therefore, if you wish to become part of our society, learn the language!

‘Most Americans believe in God. This is not some Christian, right wing, political push, but a fact, because Christian men and women, on Christian principles, founded this nation, and this is clearly documented. It is certainly appropriate to display it on the walls of our schools.

If God offends you, then I suggest you consider another part of the world as your new home, because God is part of our culture.’

‘We will accept your beliefs, and will not question why. All we ask is that you accept ours, and live in harmony and peaceful enjoyment with us.

‘This is OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we will allow you every opportunity to enjoy all this. But once you are done complaining, whining, and griping about Our Flag, Our Pledge, Our Christian beliefs, or Our Way of Life, I highly encourage you take advantage of one other great AMERICAN freedom, ‘THE RIGHT TO LEAVE’.

‘If you aren’t happy here then LEAVE’. We didn’t force you to come here. You asked to be here. So accept the country that accepted you.

Sundiata Post

Court of Appeal upholds N898 Million damages awarded against NAFDAC for misuse of power

National Agency for Food and Drug Administration and Control (NAFDAC) established by National Agency for Food and Drug Administration and Control Act, Cap N.1 LFN 2004. is a Federal Government agency established to regulate and control the importation, exportation, manufacture, advertisement, distribution, sale and use of food, drugs, cosmetics, medical devices, bottled water and chemicals. The institution’s core mandate therefore is to guarantee the quality and safety of food, drugs, cosmetics, etc. NAFDAC collaborates with other agencies like National Drug Law Enforcement Agency (NDLEA) in measures to eradicate drug abuse in Nigeria.

The Agency has contributed immensely in ensuring the safety of Nigerians. The remarkable success recorded in the times of its former Director General, the Late Dora Akunyili can never be forgotten; the country witnessed aggressive battle against fake drugs.

In carrying out its mean activities, there are bound to be issues and challenges which the Agency would have to confront from time to time. The Agency has been enjoined to be sensitive and show due care in discharging its duties. Failure to heed to such advice can be calamitous as seen in the recent case of NAFDAC v. Reagan Remedies [2019] 17 NWLR (Pt. 1700) 1.

NAFDAC v. Reagan Remedies

Reagan Remedies (“the Respondent”) is a company in the business of drug production and compounding in Nigeria. The Respondent’s factory and premises were closed down and sealed up by NAFDAC (“the Appellant”) in exercise of its statutory powers. It happened that the Appellant was unable to successfully prosecute the Respondent as the charge filed was dismissed and the subsequent appeal was dismissed for want of diligent prosecution. The Respondent subsequently gained access into its premises after about 5 years. Consequently, it filed an action against the Appellant, claiming damages among other reliefs for injury and losses suffered. The trial Court granted its claims, awarding damages up to N898 Million. The Appellant appealed against the Judgment, raising some technical issues of law. The Court of Appeal dismissed the appeal for lacking in merit and upheld the findings by the trial Court. The Court concluded that “The act of the Appellant in sealing up the company of the Respondent for about five years after it had granted it the permission to manufacture pharmaceutical products, was callous, unreasonable and unjustifiable.” Per Andenyangtso, JCA at 57.

In his Lordship’s contribution, Mbaba, JCA expressed the following compelling views:

“I also think this case should serve as useful caution or warning to government agencies, to act within the scope of the law that created them, and with human face, in dealing with fellow humans/citizens when they (institutions) exercise their discretion in service. Sealing up the Respondent for about 5 years, in the circumstances that Appellant did, grounding Respondent’s business and services, and hounding down the company, as shown in the unsuccessful prosecution of the Respondent in the courts, in my view, smacks of high-handedness, prosecution, impunity and misuse of statutory powers. With a little show of sensitivity and due care, Appellant would still have discharged its oversight function over the Respondent without so much injury, and saved the situation and the huge damages it has now caused itself and the nation by its misadventure. Appellant is expected to learn from this decision and pronouncement of Court in its conduct and services, and be properly guided in the discharge of its duties.” Per Mbaba, JCA at 57-58.

As seen above, his Lordship used the opportunity afforded by the instant case to also call upon other agencies of government to be most considerate in the performance of their statutory functions. This is important.

NAFDAC must be tactful and diligent on all fronts in the discharge of its duties.

Credit: https://stephenlegal.ng/court-of-appeal-upholds-n898-million-damages-awarded-against-nafdac-for-misuse-of-power/

The Real Reason Why Olusegun Runsewe, DG Council For Arts & Culture Was Jailed – A Lawyer's View

By Fredrick Nwanji

Yesterday (9th of January 2020) the news was published by newspapers in the county that Olusegun Runsewe, the Director-General of Nigeria’s National Council For Arts and Culture (NCAC), was jailed. The news came as a shock to ordinary Nigerians seeing as there was no prior indication that the DG NCAC was being charged or arraigned for an offence. Well, contrary to popular belief, and as provided under Nigeria’s Laws, you don’t necessarily need to be charged or accused with an offence before you get sentenced to prison. A sitting Nigerian judicial officer has the power to commit you to prison. This article aims at highlighting this issue.

Let’s proceed.

Criminal Contempt

The dictionary meaning of the word contempt is synonymous with insult or disregard. It indicates showing no respect for a person or something more abstract, like an idea or principle. In law, Contempt means showing, either by your words or actions, a lack of respect for the Court of law.

There are two types of Contempt, Ex-facie Contempt (Contempt committed outside the court) and In-facie curiae Contempt (Contempt committed inside the court). For this article, I will be dealing primarily with the former, Ex-facie Contempt.

As opposed to In-facie curiae Contempt (e.g., insulting the Judge or magistrate, answering calls inside a courtroom while the Judge is sitting), Ex-facie Contempt is broad and subjective. A specific instance of Ex-facie Contempt is refusing to obey a court order. An example is a Judge making an order that none of the parties contesting ownership of a property to go into the said property. If any of the parties disobeys the order of the Judge, that party becomes held in Contempt of the court.

How Does This Relate To The Jailed D.G. NCAC?

A brief history of the facts is required.

On the 15th of December 2017, Justice Sadiq Umar in the case of Ummakalif Limited VS Minister of the FCT, Federal Capital Development Authority (FCDA), Runsewe, NCAC and Minister for Culture and Tourism as first, second, third and fourth defendants made a court order asking the parties in the suit to stay (suspend) proceedings on every activity concerning the demolition of the Arts and Craft village located in the Central Business District area of the FCT.

It would seem that sometime between when the court order of 2017 was made and 2019, the DG NCAC, Olusegun Runsewe, disobeyed the 2017 court order made by Justice Sadiq Umar. The applicants (Ummakalif Limited) aggrieved by this development decided to file a motion in court, essentially asking the court to punish the D.G. for disobeying the earlier court order.

The action of the DG NCAC invariably constitutes Ex – facie Contempt as disobeying an order or instruction of the court is a specific example.

What is the punishment for Contempt?

The punishment for Contempt varies, and it’s at the discretion of the Judge that gives the order. In the case of the DG NCAC, Justice Jude Okeke when giving his order for the committal of the DG NCAC, said: “the court, therefore, sentences Olusegun Runsewe to prison at the Kuje Correctional Center until he purges himself of the contempt of court order made on the 15th of December, 2017.”

After giving this ruling, Justice Okeke then ordered the Inspector-General of Police (IGP) to enforce the order.

As it stands, Olusegun Runsewe the DG of NCAC will have to enjoy some time at the Kuje prisons Abuja, and maybe this would teach him not to disobey Court orders in the future.

Hon. Justice Jude Okeke

I’m Fredrick Nwanji and i’m a Lawyer.

For more Articles Like this follow me on Twitter @Rickanji and on the Opera News App @LawAngle

The Unsavoury Hike on Electricity Tariff

By Obinna S. Nwadialo

Introduction

While still grappling with the pangs of several “harsh” economic policies of the Federal government in recent times, notably, the increase in VAT (Value Added Tax) and others numerous to mention, the populace woke up to the news of an upward review of the tariff payable by electricity consumers commencing from the month of April, 2020. The uproar generated by this news as well as the media attention was expected as there has been no improvement in the sector to warrant any increase in the tariff.

Duty to review

The Nigerian Electricity Regulatory Commission (NERC) had announced an upward review in tariff payable by consumers. This is in line with its duties under Section 32(1)(d) and 76 of the Electric Power Sector Reform Act (EPSRA), 2005.

NERC, according to its December, 2019 Minor Review of Multi-Year Tariff Order 2015 and Minimum Remittance Order for the year 2020 released in December 31, 2019 effective 1st January, 2020, clearly made it known that the current tariff rate being paid by consumers no longer allows for reasonable earnings for efficient operation by the Discos. This act of the regulator is based on the provisions of Section 17 of the Multi-Year Tariff Order MYTO, 2015 which empowers the regulator to hold a biannual reviews of the tariff chargeable taking into consideration realities that mostly do not fall under the control of the Discos. These realities include- Gas Prices, Foreign Exchange rates NGN/USD (using CBN official exchange rate), available generation capacity and Nigerian and United States inflation rates.

Every keen observer of the industry would in recent times been worried about NERC’s silence as regards its duty to ensure that the tariff payable to the Discos by the electricity consumers continues to be, at its least, cost reflective. This is more so as the Discos had continuously argued that it could not continue to render the required services to consumers on the prevalent tariff rate. The Discos had consistently maintained that part of the reasons they have failed to meet up with their responsibilities under the Minimum Remittance Order for 2019 is as a result of the fact that the prevalent tariff rate was no longer cost reflective which led to the recent situation where NERC issued Notice to Withdraw the license of about 8 Discos unless they show course within 60 days coupled with the mounting MDA outstanding debts.

Summary of the review

By the tenure of the extant Minor Review of Multi-Year Tariff Order 2015 and Minimum Remittance Order for the year 2020, all the Discos are obligated to meet up with their minimum remittance threshold prescribed in the order and can only earn their revenue requirement upon fully meeting with their obligations of 100% settling the Market Operator (MO) invoice, Repayment of CBN/NEMS facility in addition to settling their Nigerian Bulk Electricity Trading Plc. (NBET) monthly invoices as contained in their minimum remittance threshold.

It also provides that any Federal Government intervention with regards to the tariff shortfall from the financing plan of the Power Sector Recovery Program (PSRP) shall be routed 100% through the NBET and MO for the settlement of invoice issued by the market participants. This will in no mean way ensure accountability with regards to the disbursement of such intervention funds.

The Discos going forward are to be held responsible and penalised for any failure to meet up with their obligations to NBET and MO in offsetting the minimum remittance requirement within the market cycle in accordance with the Market Rules.

The Discos are also by the extant review compulsorily mandated to maintain an adequate, unencumbered and irrevocable letters of credit covering a period of three (3) months based on the minimum payment obligation.

The extant reviewed MYTO 2015 also provides that where the Transmission Company of Nigeria (TCN) is unable to deliver the load allocation of the Disco, TCN shall be liable to pay for the associated capacity charge but where the Disco fails to pick the entire load allocated to it as a result of constraint on its own network, the Disco shall bear the capacity charge payment as contained in its vesting contract.

It is hoped that this particular provision will put to rest the accusation and counter accusation usually between TCN and Discos as to picking and rejecting of allocated loads.

Public concern

The uproar generated by the recent review of MYTO-2015 by NERC is not unconnected to the fact that more than half of the consumers under the Discos are yet to be metered. The Meter Assets Provider Regulation 112 of NERC which came into effect since 2018 is, surprisingly, yet to be fully activated by some of the Discos. Restrictive implementation of the MAP Regulation by breaking into phases of areas to benefit from the metering exercise of the MAPs by some of the Discos is gradually making a mess of the entire process. The fact that none of the Discos within this category have been sanctioned by NERC have become a course for concern for the customers who will in a few months’ time be hit not only by the reality of paying more for electricity but by the fact that same will still be based on estimation as against actual consumption.

Secondly, the fact that some stakeholders do not believe that an upward review of the tariff will bring about any improvement in the services being rendered by the Discos to their customers is instructive. This is more so as the populace still views NERC as a toothless bull dog that can only bark but lacks the capacity to bite.

Conclusion

We must note that for the Nigerian electricity industry to reach its potential and aid in fixing the already battered economy, sincere sacrifices must be made by all stakeholders. It is not in doubt that the uproar that has greeted this upward review in tariff is as a result of the poor supply of electricity to the entire populace. The problem of poor electricity supply has obviously gotten so bad that an average Nigerian does not believe that any increase in tariff will bring about an ounce of improvement in the kind of services (s)he will receive from the Discos.

The mistrust that exists between the consumers on one hand and both the Discos and NERC on the other hand is still alarming. Unfortunately, NERC on one hand has failed to improve the confidence of an average consumer that it can actually drive home and enforce its policies for a better electricity industry in Nigeria.

In the final analysis, fighting and rejecting the extant tariff review will tantamount to serving the last nail on the coffin. The importance of a realistic and cost reflective tariff can never be overemphasised as same will boost the confidence of investors in the industry.

It is our opinion that both the Discos and NERC have to sit up if there is any hope of achieving full cost reflectivity by 2021 as projected by the PSRP of the Federal Government.

The regime where the Government continues to fund the shortfall between the cost reflective tariff as determined by the Government and the actual end-user tariff cannot be continually sustained if the industry is to remain afloat and serve its purpose to the populace.

Obinna Stephen Nwadialo Esq. is a commercial law expert, with deep legal and industry knowledge in the Energy Sector

Read more: https://stephenlegal.ng/the-unsavoury-hike-on-electricity-tariff/

CSR: P.D Pius & Associates awards scholarships to students, over 100 Gets Free Medicals

Over a hundred persons got free medical examination with a number of students awarded scholarships at the annual P.D Pius & Associates Community Development programme.

The 5th P.D Community Development Service which was held in conjunction with General Hospital Zing took place on the 28th day of December 2019 at Zing, Taraba State, Nigeria. 

Danba Pius, the Founding Associate of P. D. Pius & Associates in a Press statement says the programme is a charity programme of their law firm which holds every year.

According to Danba Pius, the objectives of the corporate social responsibility of the program to include offering free legal clinics, building the capacity of the local population, advocating for a healthy lifestyle, promoting the quest for educational excellence and raising entrepreneurs that will create jobs.

“Over the years and in previous editions, we have offered free legal clinic to hundreds of people, free medical test to hundreds of people and organized Essay competition among all the secondary schools in Zing, Taraba State and offered a scholarship to selected students,” Pius added

Among the innovations in the 5th Edition of the programme, Pius, was the launching of the first PD Law Metre 1.0 which was administered to 342 persons who were in attendance.

Pius explained that: “The PD Law Metre is the innovation of the P. D. Pius & Associate Law firm to check the legal status of individuals. This was deployed free of charge with a promise to lunch the 2.0 version in the next edition.”

“100 persons also benefited from the medical test until we ran out of test strips. We, however, promised to seek partnership and deploy more test strips in the next edition. Beneficiaries of the medical test will also have their medical bills settled by the law firm in partnership with General Hospital Zing.

“In terms of the essay competition, all the participants of the essay competition received various awards for participation. The overall best three (3) students were offered a scholarship.”

An enthusiastic Pius concluded that the event was a huge success with many people testifying that they have benefited immensely.

Speakers at the event include P. D. Pius, Esq., G. E. Bandodo, Esq., Amos Lanung, Felix Pascal Pulevo, Asso. Prof. Jerome Nyame among others.

For partnership, support and/or donation; kindly contact 08038944639.

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