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Time for private sector and state governments to invest in prisons and correctional centres in Nigeria

By Dr. Tonye Clinton Jaja

In March 2023, former President Muhammadu Buhari signed into law the Fifth Alteration (No.15), to the 1999 Nigerian Constitution.

This Law altered the Constitution of the Federal Republic of Nigeria, 1999 to delete the item “prisons” in the Exclusive Legislative List and redesignate it as “Correctional Services” in the Concurrent Legislative List; and for related matters.

It was sponsored by the Rt. Hon. Benjamin Okezie Kalu, Deputy Speaker of the House of Representatives, National Assembly. The Bill was drafted by Dr. Tonye Clinton Jaja, one of Nigeria’s leading legislative drafting lawyers.

Since the enactment of this law, none of the 36 States of Nigeria has engaged in the construction of a prison or correctional centre.

Instead in March 2018, we were informed that:

“The UK is to pay for a new wing in one of Nigeria’s largest prisons (Kirikiri Prison in Lagos) to help expedite the transfer of offenders from British jails.

Up to £700,000 will be spent on a 112-bed annex in Kiri Kiri prison in the country’s largest city Lagos.

Foreign Secretary Boris Johnson said it would enable eligible Nigerian inmates serving time in the UK to return home to complete their sentences.

The UK and Nigeria signed a prisoner transfer agreement in 2014.”

Already, private individuals namely Non-governmental Organisations (NGOs) and relatives of inmates are highly involved in the management of correctional centres (formerly known as prisons) in Nigeria. They provide food, clothing and health care services for inmates. Others provide educational and religious instructions for inmates.

All that is required is for formalising these processes through the signing of formal agreements and contracts between State Governments and private sector organisations to permit the said private sector organisations to build and manage these correctional centres.

Both philanthropic organisations, and the relatives of inmates would be more than happy to pay the fees for their incarcerated inmates to receive better food, health care, educational materials, recreational facilities, sports equipment, sleeping materials and other creature comforts!!

If this happens, the federal government could witness a decongestion of the correctional centres, a goal which it has failed to achieve since the year 1999!!!

Private prisons and correctional centres are already working in the United Kingdom and the United States of America for many years.

For example, “Private prisons in the United Kingdom are run by private companies under contract with the government.

How do they work?

Private prison companies enter into contracts with the government to house prisoners.

The companies pay the government a monthly or per diem rate for each prisoner or available space.

Who runs them?

In England and Wales, Serco, G4S, and Sodexo run private prisons.

In Scotland, one prison is run by a private sector operator under contract with the Scottish Prison Service.

Examples of private prisons in the UK

  1. HM Prison Addiewell
  2. HM Prison Altcourse
  3. HM Prison Ashfield
  4. B. Brook House Immigration Removal Centre
  5. HM Prison Buckley Hall
  6. C. Campsfield House Immigration Removal Centre
  7. Colnbrook Immigration Removal Centre
  8. HM Prison Doncaster; and
  9. HM Prison DovegateDungavel”

Dr. Tonye Clinton Jaja,
Executive Director,
Nigerian Law Society (NLS)

Tinubu should travel more: Money is not a problem – Tuggar, By Ikeddy Isiguzo

Ambassador Yusuf Maitama Tuggar, Nigeria’s Foreign Minister, is someone who is hardly heard since President Bola Ahmed Tinubu mostly runs foreign affairs with Tuggar tagging along.

He is usually taciturn. Many Nigerians would like to hear Tuggar speak on the salient issues of our relations with other countries and international organisations.

Tuggar had his primary school education in Kano, secondary school was in Ilorin and Advanced Level Studies, East Sussex, England. He received a Bachelor of Arts in International Relations, from San Diego, in the US, MA in International Security, University of Bath, United Kingdom, and a Master of Studies from Cambridge University, United Kingdom.

His remarkable tenure, for almost six years as Nigeria’s to Germany, dovetailed to his appointment as Nigeria’s Foreign Minister, within weeks of leaving his position in Germany. Notable among his achievements in Germany were the return of stolen artworks worth over £100 million and the reactivation of the energy contracts with a German company.

Colleagues who know Tuggar describe him as making cerebral contributions while he was in the House of Representatives. What has happened to him? The burden of office? Indifference to public opinion or government’s policy of listening to itself and deciding to act without caring about what the people say?

Tuggar said Tinubu should embark on more foreign trips. He is not only not travelling enough but nobody should panic about the money to spend on those trips. An obviously angry Tuggar considered it beneath him to explain to Nigerians the importance of those trips, whatever they are.

People trained in those schools Tuggar attended tend to be more engaging when dealing with the public. They see public office as service, not a platform to “put their people in their place” over government policies and practices.

Tuggar made his defences of the high costs of these trips on live television to the bewilderment of his admirers who wondered what had happened to him.

Wasteful foreign trips did not start with Tinubu but that is not a sufficient reason to continue them. The economy is not as terrible as it was in the years other administrations embarked on jamboree.

Only Tuggar knows where he gets his figures from about the health of the economy to meet the financial consequences of these trips. The troubles are worsened by the fact that most of the expenses for these are in foreign currencies that batter the Naira daily.

Size of the delegations and duration of the trips are other factors that add to the costs.
Is it possible that as Minister of Foreign Affairs he is unaware of Nigeria’s ballooning foreign debts and that the country is still borrowing with leaner resources available to service the debts.

Why is he not making a case for our missions to be rescued from their state? He does not know that embassy staff are owed salaries, we owe rents, we are unable to meet our membership obligations to international organisations? If funding foreign trips is his private business, would he run them in the same way?

The Minister overstates the benefits of Tinubu’s foreign tours.

“Look at the benefits, you travel once and you get N2b6illion dollars of investment like he did to Brazil, where other countries are chasing after them. But President Tinubu was able to secure that, to invest in developing livestock. They are the largest player in that sector, slaughtering 50 million chickens every day, 8 point something million cows and look at the Brazilian cows that are 500kg compared to ours that are 250kg. This will also solve herders-farmers’ crisis.
“In fact, I would rather say we are not travelling enough, we should do more. Nigeria has the money. How much does travelling cost compared to the benefits? And how much does it cost comparing it to the things that the President has already addressed?”

Tuggar decidedly misses the points. Outside the Brazilian example he gave, which has not materialised, what are the results of the other trips? What do our missions do if it takes the President’s presence to negotiate investments?
For Tuggar, $2 billion is a huge investment because he is the exchange rate. Has he factored in the practice of most of the money being the costs the Brazilians would put on the equipment and animals they would bring into Nigeria?

By August 2024, Tinubu had reportedly spent N2.3 billion on foreign trips and related expenses in only six months.

With an attitude like Tuggar’s Nigerians have to kit up for long absences, to expectations that the President should travel more to keep up to Tuggar’s expectations.

We are on a long trip of government officials turning on scary hostility to answer the simplest questions because they consider unworthy of engaging them.

Finally…

NOT a whimper has been heard from Nigeria about the policies of President Donald Trump, including the planned deportation of over 3,600 Nigerians in what may be the first phase. We can at least ask that our people are treated humanely as they are herded home. Maybe, the fear of Trump withdrawing their visas is the most important thing on the minds of those who should speak.

HAVE Nigerians stopped being our brothers’ keepers? Can’t we make an exception for Muhammadu Buhari, who left office less than two years ago as President? Buhari is complaining about the hard times. The times are so hard he said he can hardly cope. Any proof? He said that he survives on rent from one of his three houses. My suspicion is that someone has cornered Buhari’s pension that is ambly captured in the budget. May the times improve so that he doesn’t put a second house on rent soon. It is also possible, at a time the North is attacking Tinubu’s policies, that Buhari is telling Tinubu, “You have not done well”.

THE best way to avoid having issues with the Inspector-General of Police, Kayode Egbetokun, Phd, could be to address him as His Excellency, as he excels in everything he does. Soon, his tenure extension should be studied as a compulsory course in politics and imposed service. Congratulations, HE, IGP until 2027. I am suggesting, and beyond.

THE permanence of friendship or not in politics is playing out before our eyes. His Excellency, Rotimi Chibuike Amaechi, former Governor of Rivers State, former Speaker of Rivers State House of Assembly, former Minister of Transportation – he was in each of these offices for eight years – is now listed as one of the caustic critics of President Bola Ahmed Tinubu. Once the star boy of APC, a key figure in the wrecking of PDP, two-time Director-General of Buhari’s presidential campaign, Tinubu has just felt a mediated version of Amaechi’s tongue. When he unleashed himself on us during his campaigns for Buhari, Tinubu and company applauded. The truth, according to Amaechi is that Tinubu would do anything to keep power in 2027. You would think that a simple truth like this would not irritate the Tinubu camp as it is doing. Even the Minister of State for Defence, Bello Muhammad Matawalle a Governor of Zamfara State, 2019-2023, who has done little about the insurgency that is claiming Zamfara, has time in his busy schedule, to warn Amaechi to stay off Tinubu.

NASIR el-Rufai left Chatham House, London, two years ago with people congratulating him that he was the next Minister of Defence. The former Kaduna State had extra bounce in his feet as he relished the moment. Tinubu had farmed out the question on insecurity to el-Rufai as the best head to handle it. People took it for a hint. El-Rufai was not even nominated for any position not to talk of being appointed. He is leading his own campaign on how poorly Tinubu has performed.

DEATHS while fetching fuel from accident scene of petrol tankers is the boldest reflection of the unimportance of life that our leaders have ingrained in our people who now are willing to die ekeing a living in the most dangerous ways. It is most difficult to explain to those who manage our humanitarian initiatives that with falling value of the Naira, the rising costs of living, that there are millions of Nigeria who do not earn N200, yes, two hundred Naira, a day. How do they survive? The answers are lost in statistics that do not realise there such people. Instead, they are averaged as “surviving on a dollar a day”.

WHAT is going on with our humanity? Are Nigerian social scientists studying the banditry, restiveness, killings and the brutalities entailed? What about those on the home front? Husbands are killing wives and the women replying in equal measures. Siblings are selling each other. Domestic violence has risen and the intensity of the assaults is terrifying. The assumption is that the harsh economic environment is translating to anxieties that lead to quicker flare ups. Can our experts provide answers to serve as survival skills and kits?

CONGRATULATIONS to the U-19 Nigeria female cricket team for an inspiring performance at the World Cup in Malaysia in its debut. The performance earned Nigeria a direct qualification for the next World Cup. Cricket is not only one of the neglected sports, it is almost rejected. The illegal National Sports Commission, in a consistent show of its version of accountable and latching at every event as photo opportunity, dispatched its Director-General Bukola Olapade, a half of the two-man NSC, to Malaysia, to hand the team $5,000, yes, five thousand dollars. How much did it cost to get Olapade to Malaysia, airfare and accommodation, in a class befitting his esteemed status? Was that the cheapest way of encouraging the team with $5,000? Again, congratulations to the team and the leadership of cricket which would continue the years of toil that birthed Malaysia 2025 well after the illegal NSC has gone.

Isiguzo is a major commentator on minor issues.

Adulthood Na Scam: Delta Correctional Centre saga-so perhaps Bobrisky didn’t spend time inside a correctional centre

By Dr. Tonye Clinton Jaja

In the year 2022, Nigerian female singer, named, Lade sang a song whose chorus became a hit: “Adulthood Na Scam”!!!

It is not only adulthood that is a scam in Nigeria, it appears that we as Nigerians have a disingenuous talent to convert the most innocuous of activities into a scam!!!

As Nigerians we seem to have built a reputation for scams, a reputation that is not only limited to the territory of Nigeria but international!!!

We are reputed to have converted the age old habit of “pen pals” into a multi-billion naira scam called “romance mail scam a.k.a “yahoo-yahoo”!!!

Even when COVID-19 was ravaging the world, some opportunist Nigerians saw it as an opportunity to cash out through the “palliative scam” both here in Nigeria and in the United States of America!!!

Apart from the Indians, if there is any international prize for the greatest scammer, it would perhaps be won by a Nigerian.

This article focuses on another form of scam which many Nigerians persons are not aware of.

The scam by officials of the Nigerian Correctional Centres who are employed to keep offenders in custody and off the streets of Nigeria because the courts have pronounced such inmates as dangerous.

Now we are hearing that the officials of the Nigerian Correctional Centres are accepting bribes and unleashing these same convicted criminals back to the streets of Nigeria to commit more crimes as we are hearing in the case of the Delta State Correctional Centres.

When Very Dark Man (VDM) raised this alarm last year, he was summoned by the National Assembly, EFCC and the Nigerian Correctional Centres to provide “evidence” of his claim that BOBRISKY did not spend the period of his/her conviction inside the facility of the Nigerian Correctional Centre at Lagos (but in an hotel)!!!

BOBRISKY’s crime was a “victimless” crime, mutilation of the Nigerian currency (naira) by spraying it, so it is forgivable if such an offender spends the period of incarceration in an hotel room instead of prison. Even if he/she is a repeat offender and commits the same crime again, it is a “victimless” crime. The victim is the naira notes and our national pride and ego.

However, it is altogether a different matter, when those convicted to death for murder and other felonies, who are on death row are allowed to sneak out of the said correctional centres into the cities to commit more crimes and return to the same correctional centres. And then have the effrontery to share their loot with officials of the Nigerian Correctional Centres and fellow inmates.

“There is no fraud worse than a betrayal of trust” is a common saying, as it implies that when someone you trust personally deceives you, it is considered the most egregious form of fraud due to the added emotional damage beyond just financial loss.”

We are going too far, far too far!!!!

Dr. Tonye Clinton Jaja,
Executive Director,
Nigerian Law Society (NLS)

The Nigerian drummer with two Grammy awards, Sikiru Adepoju

Sikiru Adepoju, the renowned Nigerian percussionist, holds a distinction in the country’s music history with two Grammy Awards.

Born into a musical family from Eruwa in Oyo State, Nigeria, Adepoju and his brothers, Saminu and Lasisi, were introduced to drumming at a young age by their father, Chief Ayanleke Adepoju.

As a descendant of the Yoruba Ayan lineage, which is traditionally associated with master drummers, Sikiru honed his craft early on.

As a teenager, he toured and recorded with the Inter-Reformers Band, the group led by Nigerian Juju music legend, Chief Commander Ebenezer Obey.

His talents eventually brought him international recognition, leading to collaborations with some of the world’s finest musicians.

Adepoju’s breakthrough came when he joined Mickey Hart’s Planet Drum, a group that blends percussion styles from different cultures.

Their self-titled album, Planet Drum, won the inaugural Grammy Award for Best Contemporary World Music Album in 1991, making Sikiru Adepoju the first and only Nigerian to win a Grammy at the time.

His success did not stop there. In 2009, he was part of Mickey Hart’s Global Drum Project, whose title album won the Grammy Award for Best Contemporary World Music Album at the 51st Annual Grammy Awards in Los Angeles.

Adepoju’s journey to global recognition began in 1985 when he moved to the United States to perform with O.J. Ekemode’s Nigerian All-Stars. Shortly after, he met Babatunde Olatunji, a legendary Nigerian percussionist, and joined his group, Drums of Passion.

Through Olatunji, he was introduced to Mickey Hart, the drummer of the iconic rock band, Grateful Dead, which marked the beginning of a longstanding collaboration.

Culled from Vanguard

Donald Trump signs order withdrawing U.S. from UN bodies

United States President Donald Trump has signed an executive order to withdraw the country from several United Nations bodies, including the Human Rights Council (UNHRC).

Trump signed the executive order on Tuesday night.

The executive order said it withdrew the U.S. from UNHRC and the main UN relief agency for Palestinians (UNRWA) and would review involvement in the United Nations Educational, Scientific and Cultural Organization (UNESCO).

The moves were made in protest against what White House staff secretary Will Scharf described as “anti-American bias” at the UN agencies.

The 47 members of the UN Human Rights Council are elected by the General Assembly to three-year terms, with the United States ending its latest term on December 31. It has observer status at the body.

Tuesday’s order would appear to end all US participation in the council’s activities, which include reviews of countries’ human rights records and specific allegations of rights abuses.

“More generally, the executive order calls for review of American involvement and funding in the UN in light of the wild disparities and levels of funding among different countries,” said Scharf.

Trump highlighted the “tremendous potential” of the UN but said it was “not being well run”.

“It should be funded by everybody, but we’re disproportionate, as we always seem to be,” he said.

Trump has long railed against U.S. levels of funding of multilateral bodies, calling for other countries to increase their contributions, notably in military alliance NATO.

UNRWA is the chief aid agency for Palestinians, with many of the 1.9 million people displaced by the war in Gaza dependent on its deliveries for survival.

Under Trump, the U.S. has backed a move by Israel to ban the agency, after the US ally accused UNRWA of spreading hate material.

U.S. funding of UNRWA was halted in January 2024 by the administration of then-president Joe Biden after Israel accused 12 of its employees of involvement in Hamas’s October 7, 2023, attack.

A series of probes found some “neutrality related issues” at UNRWA, but found no evidence for Israel’s chief allegations, and most other donors that had similarly suspended funding resumed their financial support, AFP reported.

Earlier in his latest term, Trump also withdrew from the Paris climate accord and began withdrawing from the World Health Organization, of which it is the largest donor.

Each of the withdrawals has been a repeat of the Republican billionaire’s first term in office, which ended in 2021.

Policeman detained for allegedly altering case file, doctor’s report

The Zone 2 Police Command headquarters, Onikan, Lagos State, has confirmed the detention of an Investigating Police Officer (IPO) attached to Isheri-Oshun Division, for allegedly doctoring a case file and medical doctor’s report.

The Assistant Inspector General of Police in charge of the zone, Adegoke Fayoade, confirmed this to the News Agency of Nigeria (NAN) on Tuesday in Lagos.

Mr Fayoade did not provide the name of the IPO.

However, he said the officer allegedly doctored the case file and doctor’s report relating to a case of anal sexual assault on some teenage students by a hotelier in Isheri-Oshun area of the state.

NAN had earlier reported the detention of a hotelier by operatives of the zone for allegedly having anal sex with some teenage students at his hotel.

The hotelier had allegedly threatened the students never to tell anyone about the act, else, they would die.

The secret was made public after one of the victims, a 16-year-old boy, confessed to his parents about the act.

Police sources told NAN that after the detention of the suspect, his lawyer claimed that they earlier reported the case to the same zone for proper investigation.

The sources said that when their case file was recovered from one of the units, it was discovered that it was doctored.

“The confessional statement made at Isheri Osun Division by another teenager, who suffered the same fate and reports from doctors at Mirable Center at the General Hospital, Ikeja, Lagos, were doctored.

“Based on this, the AIG directed that more investigations be carried out, and this led detectives from the Zonal Oracle unit led by CSP Uba storming Isheri Osun Police Station.

“When they got there, the IPO who delivered the doctored report confessed that he removed some statements from the case file.

“He later brought out the hidden statements, and it turned out to be that of a second victim, who gave vivid details of what the hotelier did to them with documented evidence,” the source said.

NAN also learnt that some other police officers from Ejigbo division may be invited for interrogation over their alleged roles during the raid by detectives from the zonal command on the hotel to arrest the suspect.

NAN

Video: Tems dedicates Grammy win to mum

Nigerian singer, Tems, delivered a heartfelt speech as she accepted the Best African Music Performance award for her song Love Me Jeje at the 67th Grammy Awards.

Taking the stage, an emotional Tems expressed gratitude, saying, ““Wow, dear God. Thank you so much for putting me on this stage and bringing me this team.

“Tomorrow is my mum’s birthday and this is her first Grammys. I just want to thank you ma because she has really done a lot for me and my brother.

“Happy birthday mum. And I want to thank my team. Muyiwa, Wale, my beautiful stylist, and lovely girls… I love you guys.

“Thank you so much. To God be the glory. Honestly, He has changed my life so much.”

Tems won the Best African Music Performance category at the 67th Grammy Awards with her song Love Me Jeje.

This marks Tems’ second Grammy win, following her first award for her contribution to Future’s hit single Wait For U.

In a highly competitive category, Love Me Jeje triumphed over Yemi Alade’s Tomorrow, Asake’s MMS, Chris Brown’s Sensational (featuring Davido & Lojay), and Burna Boy’s Higher. Notably, all the nominees in this year’s category were Nigerian artists, highlighting the country’s continued dominance on the global music stage.

Tems’ latest Grammy win further cements her status as one of Africa’s most celebrated global music icons.

The Best African Music Performance category, introduced only last year, was previously won by South African star Tyla for her hit single Water.

Tems’ victory this year continues to showcase the rich talent emerging from the continent.

The 67th Grammy Awards took place at the Crypto.com Arena in Los Angeles on Sunday.

Click here to watch the video.

PUNCH

Fact-checkers reveals “misleading” verdict against Buhari’s alleged sole reliance on house rent for feeding

The claims made by former President Muhammadu Buhari during an All Progressives Congress (APC) caucus meeting at Katsina that he relies on rental income from one of his houses in Kaduna State to support his living expenses after serving two terms as Nigeria’s president has been found to be untrue.

‎These widely reported claims have left many to doubt if he said so and wondering if the statement attributed to a man known for his honesty and integrity could hold any truth.

‎A reader expressed scepticism following reports of Buhari’s claims, stating: “How can this be true? As a retired army general, he receives over N1 million in monthly pension, not to mention the generous life pension provided to former presidents and heads of state. Something doesn’t add up here.”

‎Muhammadu Buhari served as the military head of state from 1983 to 1985, taking over from Shehu Shagari after the 1983 coup d’état. During his military rule, Buhari implemented several policies aimed at addressing corruption, economic decline, and social indiscipline. His administration introduced the War Against Indiscipline (WAI) in 1984, which focused on promoting public morality and civic responsibility.

‎Buhari also served as the President of Nigeria from 2015 to 2023, running on the platform of the All Progressives Congress (APC). His presidency was marked by efforts to tackle corruption, improve the economy, and enhance national security.

‎Verification: To verify the accuracy of his claim, PRNigeria fact-check team conducted a keyword search and discovered that the claims had been published by mainstream media on Monday, January 27, 2025 which confirmed he said so.

‎Similarly, findings showed that the former President made the statement while speaking at the All Progressives Congress (APC) caucus meeting, held at the Presidential Banquet Hall of the Government House in Katsina State.

‎“Nigeria is a difficult country to govern, but most Nigerians are unaware. You will not understand the complexities of leadership and the country itself until you find yourself in the administrative position of the country.

‎“I look much better and healthier now than when I was the president of the country. Anybody that sees me now acknowledges that I look better than before.

‎“After eight years as a civilian president, I have only three houses; one in Daura and two in Kaduna. I have given one out for renting where I get money for FEEDING,” he stated.

‎Further investigation showed that in 2016, Buhari stated that he did not receive the pensions due to him as a retired military officer, unlike many of his contemporaries.

‎Meanwhile, the federal government annually allocates funds in the budgets for former leaders. For instance, during his tenure, Buhari’s administration allocated N7.8 billion for entitlements to former presidents, deputies, and others in 2021. According to details from the approved 2021 budget, approximately N7.8 billion was set aside for entitlements, severance allowances, and other benefits for the nation’s former leaders.

‎The 2021 allocation was the second-lowest amount designated for retired top government officials since 2017, when N5.9 billion was budgeted for their gratuities. Of the N7.8 billion allocated in 2021, former heads of state, presidents, and their deputies were set to receive a combined entitlement of N2.3 billion.

Similarly, ‎as stipulated by the Revenue Mobilisation and Fiscal Allocation Commission (RMFAC), a former president is entitled to a severance pay of N10.54 million, which is 300% of his annual basic salary, while a former vice president is entitled to N9.09 million.

‎Additionally, under the law, former presidents receive a monthly upkeep allowance of N350,000, while former vice presidents and chiefs of general staff receive N250,000. This amount is subject to review whenever there is an increase in the salary of the serving president.

Recently, the Tinubu led Federal Government earmarked a total of N13,805,814,220 for the upkeep of former presidents, vice-presidents, heads of state, Chiefs of General Staff, retired heads of service, permanent secretaries, as well as retired heads of government agencies and parastatals in the 2024 fiscal year.

The beneficiaries include former Presidents Olusegun Obasanjo, Goodluck Jonathan, and Muhammadu Buhari, as well as ex-vice-presidents Atiku Abubakar, Namadi Sambo and Prof Yemi Osinbajo.

Also expected to benefit from the windfall are ex-military Heads of State, General Yakubu Gowon and General Abdulsalami Abubakar, as well as a former dictator and self-styled military President, General Ibrahim Babangida, and a former Chief of General Staff, Commodore Ebitu Ukiwe (retd.).

Moreover, while President Buhari claims he has only three houses, one in Daura and two in Kaduna in which he has given out one for rent, his 2015 asset declaration indicates that the former President actually has five homes and two mud houses, as well as farms an orchard and a ranch with 270 head of cattle, 25 sheep, five horses and a variety of birds. Additionally, Buhari owns shares in three firms, two undeveloped plots of lands and bought two cars from his savings.

However, his 2023 asset declaration while leaving office was not made public yet.

Conclusion: The findings by PRNigeria showed that former President Muhammadu Buhari is entitled to huge statutory severance packages and monthly entitlements from the military as a retired Army General and former Head of State/President. Also, contrary to his claim of having only three houses on which he relies on the rental income of one of the houses in Kaduna to support his living expenses after leaving office, Buhari’s publicly known assets include five homes and two mud houses, as well as farms an orchard and a ranch with 270 head of cattle, 25 sheep, five horses and a variety of birds. Additionally, Buhari owns shares in three firms, two undeveloped plots of lands and bought two cars from his savings. Therefore, it is possible rental income only augments his other incomes.

PRNigeria, therefore, concludes that the claim that former President Muhammadu Buhari relies on rental income for his living expenses is misleading.

PRNigeria

Cyber Stalking: A potent tool for criminalizing free speech

By Obioma Ezenwobodo

Introduction:

It is a disturbing commentary on our legal system that cyber stalking has endured as a potent tool. used by law enforcement agencies and affluent/privileged citizens, to harass, intimidate and criminalise free and uncomplimentary speeches instead of resorting to defamation suits as properly envisaged by law. With the emergence of computer and internet in the cyber world, there was also emergence of cyber related crimes such as identity theft, data breaches, computer viruses, scams, and expanded upon in other malicious acts. This led to enactment of legal regimes to regulate cyber operations and curtail cybercrimes.

The Old Trend:

Nigerian came up with the Cybercrimes (Prohibition, Prevention, Etc) Act of 2015 to primarily prevent, detect, and punish cybercrimes in Nigeria and to also promote cyber security and protect citizens’ privacy rights. The major snag in the legislation was section 24(1)(a) and (b) of the Act which nebulously defined cyber stalking as follows:

Before this amendment, these provisions defined cyberstalking to include materials that were grossly offensive, indecent, obscene, of menacing character or sent to cause annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, hatred, ill will and needless anxiety.

This hazy, vague and cloudy definition of cyber stalking, that simply means the use of the internet or other electronic means to stalk or harass an individual or organization (according to Wikipedia), became an official format through which free speech and expression are impeded and individuals, especially journalists and activists, are harassed and intimidated. Every offensive or unfair expression/messages could be deemed to be cyber stalking or criminal defamation fetching the accused person some days in the detention before bail is granted. A non-governmental agency, the Committee to Protect Journalists asserted that the primary tool used to harass journalists is the 2015 Cybercrime Act, which has been cited in the prosecution of at least 25 media professionals since its inception. The abuse of the provision was horrifying.

In 2019, an attempt to have the section expunged for being inconsistent with sections 36(12) and 39 of the Constitution of the Federal Republic of Nigerian (as altered) was unsuccessful. In the case of OKEDARA v. A.G FEDERATION (2019) LPELR-47298(CA), the Court of Appeal in upholding the constitutionality of the infamous section (provision) held, amongst other things, that the section is not in conflict with the provisions of the Constitution and therefore permissible in a democratic setting.

It took the dedicated efforts of the Socio-Economic Rights and Accountability Project (SERAP) to challenge the provisions of the section at the Court of Justice of the regional Economic Community of West African States (ECOWAS). In 2022, the regional Court gave its reformative and far-reaching ruling nullifying the Constitutionality of the section. The honouirable court ordered Nigeria to amend the said section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act 2015 to conform to international human rights treaties it has ratified, in particular the African Charter on Human and People’s Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR).

The New Trend:

In compliance with the 2022 ruling of the ECOWAS Court, section 24(1) (a) and (b) was amended in the Cybercrimes (Prohibition, Prevention, ETC) (Amendment) Act, 2024. Under the extant Act, the debilitating definition of cyber stalking have been diluted to read thus:

Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that –

  • is pornographic
  • he or she knows to be false, for the purpose of causing a breakdown of law and order, posing a threat to life, or causing such message to be sent,

Though amendment of the provision fell short of expected restriction of cyber stalking to strictly cyber related crimes, the amendment went a long way to de-criminalise expressions or materials which were grossly offensive, indecent, obscene, of menacing character or sent to cause annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, hatred, ill will and needless anxiety. This portends that all such expressions or materials which hitherto constituted criminal acts are no longer criminal. The amendment has equally narrowed down the definition of the offence of cyber stalking which implies that some acts that previously constituted cyber stalking would no longer be considered as such.

Presently, only expressions or messages sent by means of computer systems or networks which is pornographic; or known to be false for the purpose of causing a breakdown of law and order, posing a threat to life or causing such message to be sent are now considered to amount to offence of cyber stalking by virtue of the amended Act. In other words, the ingredients that must be contained for a message to amount to cyber stalking are: either a pornographic message/content or, it is a false statement made with the purpose of causing a breakdown of law and order or posing a threat to life.

Despite this plain definition of cyber stalking, security agencies and highly placed individuals still deploy provisions of the section as a potent tool to intimidate and suppress free and uncomplimentary speeches or remarks which were not made for purpose of causing breakdown of laws or orders or posing a threat to life to anyone. Often, the criminal justice system is assailed and overburdened with varying pseudo charges of cyber stalking that would conveniently fit into civil defamation suits. The unfortunate trend in these pseudo charges is that citizens’ rights and liberties are grossly infringed and abused upon in the process of deploying instruments of State to assuage purely civil wrongs. In one of such cases in Nigeria, an affluent ‘nominal complainant’ was boasting publicly of returning the ‘accused person’ to prison at his volition.

The Future Trend:

Our courts should be strict in interpreting the provisions of the section against anyone relying on them to curtail right to free speech. As a way to protect citizens’ rights and liberties, bails should be granted on self recognizance or on most liberal terms in-favour of accused persons charged under the section. Justice stakeholders should up campaigns against abuse of rights though the use of the section as currently being witnessed. A push for a further amendment of the said section to further water down its effects so as to guide against future abuse. Finally, persons unsuccessfully prosecuted or abused under the section should seek for damages in civil actions for acts of malicious prosecutions. 

Obioma Ezenwobodo LL.M

Managing Partner Resolution Attorneys &

Executive Director Policy and Legislative Advocacy Network.

[email protected]

Samsung boss found not guilty in merger case

 Samsung Electronics Chairman Jay Y. Lee was found not guilty of accounting fraud and stock manipulation by a Seoul appeals court on Monday, in a ruling that could remove long-running legal risks that he has faced from criminal cases.

The Seoul High Court upheld the lower court’s ruling dismissing all the charges from a case involving a 2015 merger that prosecutors said was designed to cement Lee’s control of the tech giant.

The legal battles have been a distraction for Lee, who faced growing questions about his ability to lead Samsung Electronics – the world’s top memory chip and smartphone maker – as it grapples with growing competition and lacklustre stock prices.

“It took a long time. We hope with the latest ruling, the defendants would be able to focus on their work,” Lee’s lawyer Kim You-jin said after the ruling.

For nearly a decade, Lee has faced legal challenges, including those from the merger that paved the way for his succession after his father, Lee Kun-hee, had a heart attack in 2014 that left him in a coma.

A lower court last year cleared Lee of all charges related to the $8 billion merger in 2015 between two Samsung affiliates, Samsung C&T (028260.KS), opens new tab and Cheil Industries.

Prosecutors later appealed to the Seoul High Court, seeking a five-year jail term, citing a separate ruling in August that said Samsung BioLogics, an affiliate of Cheil Industries, breached accounting standards by overstating its assets to justify the merger.

The judge said even as the BioLogics accounting practices involved “inappropriate acts” such as the manipulation of documents, the outcomes reflected financial realities and were based on rational reasons and processes.

The court dismissed prosecutors’ claims that the merger caused financial losses to Samsung C&T shareholders.

Lee did not answer questions from reporters when he was leaving court on Monday.

He has denied wrongdoing, saying in court last November, “I never intended to deceive or damage investors for personal gain”.

It was not immediately clear whether the prosecution would appeal the decision to the Supreme Court.

Samsung shares closed down 2.7% following the ruling.

LENIENCY

A civic group condemned the court’s decision because it argued it showed leniency to Lee, who was charged with tightening his grip over his company at the expense of the country’s pension fund and other investors.

The People’s Solidarity for Participatory Democracy said the court disregarded other court rulings related to the merger case.

Lee served a combined 18 months in jail on bribery charges before he was released in 2021 as part of a scandal that led to massive protests and ultimately brought down then-President Park Geun-hye in 2017. Park also served a nearly five-year jail term.

In 2022, South Korea’s now impeached President Yoon Suk Yeol pardoned Lee, with the justice ministry saying the business leader was needed to help overcome a “national economic crisis”.

The controversial merger sparked a backlash from investors such as U.S. hedge fund Elliott and raised questions about the corporate governance of Korea’s family-owned conglomerates, which are often criticised for putting the interests of family members ahead of other shareholders.

In 2023, the South Korean government was ordered to pay around $108.5 million to Elliott, which sued it over the role played by the country’s pension fund in approving the merger.

Last year, the National Pension Service, formerly the biggest shareholder in Samsung C&T, filed a lawsuit against Lee, seeking damages from the merger that allegedly undervalued the key unit.

“This is positive news for Samsung, which has been having business difficulties,” said Park Ju-gun, head of corporate analysis firm Leaders Index.

“But the ruling will be a burden on Lee, who has to prove his management capability now that he is free from legal risks,” he said.

The conglomerate’s crown jewel Samsung Electronics warned on Friday of sluggish sales of its artificial intelligence chips in the current quarter.

Samsung Electronics has lost out to smaller competitor SK Hynix in supplying high-bandwidth memory (HBM) chips to Nvidia’s AI graphics processing units and is seen missing much of the profits generated by the current AI boom.

Reuters

TIPS