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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.

obiomadan@gmail.com

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

[Video] Reflecting on aftermath of the Berlin Conference 140 years after with Chidi Odinkalu, Patrick Gathara, others

The 1884–1885 Berlin Conference formalised what became the Scramble for and Partition of Africa. Arguably the most consequential multilateral event in Africa’s modern history, it remains insufficiently examined, and its lasting implications are often misunderstood.

To mark 140 years since this infamous diplomatic gathering, a collective of African intellectuals is launching a series of coordinated webinars and blog posts.

Through critical analysis and insightful discussions, they will explore the enduring structures of the multilateral system shaped by the conference—one that continues to disadvantage Africa to this day.

How Nigerian English got woman arrested for saying ‘drugs’ instead of ‘medications’ in UK

A Nigerian lady living in the United Kingdom (UK), identified as @shakels95, has shared her shocking experience of being arrested due to a simple misunderstanding of Nigerian jargon.

According to her, she had gone to a pharmacy to purchase medications for her husband when an innocent remark during a phone conversation led to her unexpected arrest.

While speaking to her husband on the phone, she casually used the word “drugs” instead of “medications,” unaware that people around her at the pharmacy misinterpreted it.

Moments later, the police arrived and took her into custody.

Recalling the incident in a TikTok video, she said, “I got arrested yesterday, last night, and got detained. Now, I am going home. Story time. So, yesterday, I went to the pharmacy to get some drugs for my husband.

“Then, when I got it finish, I was on call to say, ‘Ah, I got the drugs, I got two drugs for you. So, when I get home, when you use it, you are going to be strong.’

“Ok. Not knowing people closer to me were like, ‘drugs, drugs, drugs,’ but I wasn’t bothered ’cause I felt I didn’t do anything wrong. Before I knew it, the police came. When they came, they were like, ‘we heard there is drugs.’

“And I said what drugs? This (displaying the medications she got) was literally what I was referring to as drugs, Ibuprofen, for my husband because he wasn’t feeling well…”

Despite her attempts to explain the situation, the police refused to take her word for it.

She revealed that they detained her at the station and even searched her home in a bid to verify their claims.

Watch the video on X (formerly Twitter)

https://twitter.com/DAMIADENUGA/status/1886520383781691771

In a world of naked dresses, did one take it too far?

By Leah Dolan and Oscar Holland

It was arguably the biggest red carpet trend of 2024, dominating the Academy Awards, the Met Gala and everything else in between. The naked dress — embraced by celebrities ranging from Elle Fanning to Kim Kardashian, Doja Cat to Charlize Theron — has become an eyebrow-raising red carpet fixture. At last year’s Vanity Fair Oscars after party, we saw how nudity could be both angelic (as demonstrated by Jennifer Lawerence’s sheer, Fall-Winter 1996 Givenchy empire-waist dress hand-embroidered with clovers) and risqué (such as Charli XCX’s gauzy yellow nipple-baring gown, also made by Givenchy.)

But at Sunday’s Grammys, only one naked dress was turning heads. While most guests opted for muted palettes and pared-back styling amid tributes to victims of Los Angeles’ devastating wildfires, Bianca Censori took a different approach.

Censori arrived at the event alongside husband Kanye West — who now goes by Ye. If the Australian model’s long feather coat seemed uncharacteristically demure, given her risqué approach to dressing in public, it was because she didn’t plan on wearing it for long.

Within seconds of stopping for photos, the 30-year-old turned her back to the cameras and dropped her coat to reveal a barely-there sleeveless mini-dress made of transparent mesh that left nothing to the imagination.

Naked dresses come in all shapes, sizes and varying levels of exposure. This genre of frock centers about the power of suggestion — sometimes, the wearer is not revealing anything at all. In the late 1990s, Jean-Paul Gaultier made waves with his trompe-l’oeil patterns, images of the bare human form, which he printed onto blazers and dresses. It’s a print that has since been revived by designers such as Glenn Martens, whose acid-colored, heatmap-style pieces have been worn by Bella Hadid and A$AP Rocky.

Even some of the earliest examples of naked frocks — Mae West in the 1936 film “Go West, Young Man” or Carroll Baker’s Balmain dress worn while promoting “The Carpetbaggers” in 1964 — relied on expertly placed embroidery to give the impression of bare skin while avoiding any actual displays of nudity. Naked dresses, for all the fervent discussion, can be surprisingly modest.

But what is the logical conclusion of a culture that revels in the suggestion of disrobing? To some — particularly those like Censori, who has frequently appeared in public in revealing outfits, whether heading into a music studio almost naked beneath a see-through rain jacket or going to dinner in LA wearing little more than a bra and a pair of sheer tights — the leap from naked dress to plain naked might feel small.

On the Grammys red carpet, West, meanwhile, stood beside Censori in a black T-shirt and pants, expressionless behind a pair of sunglasses. Reports soon swirled that the couple were escorted out of the awards show. However, a source familiar with the sequence of events told CNN that was untrue. “He was not escorted out,” they said. “He’s a nominee. He walked the carpet and got in his car and left.” CNN has reached out to a representative for West for comment.

Soon after the appearance, the couple shared Polaroid photos of Censori modeling the look in posts on their respective social media accounts. In a since-deleted Instagram post, West described his wife’s outfit as “custom couture,” yet there was no artistry or clever draping to be admired, no titillating embroidery techniques like those worn by West and Baker. The blankness of Censori’s nudity begs the question: is it fashion, or just a body?

West has not confirmed whether he personally designed — or was involved in designing — Censori’s outfit, though social media users questioned the rapper’s role in his wife’s wardrobe choices. Others speculated that the model may have fallen afoul of California’s indecent exposure laws, which prohibit people from exposing their “naked body or genitals in front of anyone who could be annoyed or offended by it.”

When asked if Censori had breached California’s indecent exposure laws, a spokesperson for the Los Angeles Police Department told CNN via email that it had “not been made aware of any incident at the Grammys.” The Recording Academy and CBS did not immediately respond to CNN’s requests for comment.

While Censori has certainly contributed a notable moment in the history of the naked dress trend, she has transformed what is typically a suggestive whisper into a deafening shout.

Credit: CNN

Let us give the Nigerian Police the benefit of the doubt as they implement the motor vehicle insurance

By Tonye Clinton Jaja

As of May 2024, the Kingdom of Lesotho has no legislation for imposition of mandatory Third Party Insurance Policy.

According to a report: “In Lesotho, the roads have become a battleground for accountability, with drivers exploiting legal loopholes to evade responsibility after accidents. The absence of mandatory third-party motor insurance amplifies this issue, leaving innocent victims stranded with hefty repair bills and little recourse..”

Early January 2025, the driver that normally picks me to and fro my office at the Lesotho Law Reform Commission, came to pick me from work and I noticed that his car’s back bumper was falling. I enquired and he said that he had been involved in an accident. The person that caused the accident had no money immediately to fix it, so they agreed that it will only be by the end of the month when he receives his salary before he can pay for the repairs of the said car.

So Nigeria is doing well, at least better than other African countries wherein there is no mandatory implementation of third party motor vehicle insurance.

For those who may not know below are the details:

“Motor vehicle third-party insurance, also known as third-party liability insurance, protects the policyholder from legal claims if they cause damage or injury to a third party in an accident. It’s a legal requirement for some vehicles.

What it covers

  1. Property damage: Covers damage to other vehicles, property, or shops.
  2. Injury or death: Covers injury or death to other people.
  3. Legal proceedings: Covers related legal proceedings.
  4. Other expenses: Covers other expenses, such as hiring a replacement vehicle. Who it protects
    •Protects the policyholder from legal claims made by third parties
    •Protects the policyholder from financial losses caused by the accident. Who can take out a policy
    •The owner of the vehicle can take out a policy
    •A lawful possessor authorized by the owner can take out a policy”

It is against this background, that we must commend the Nigerian Police for its determination to enforce the mandatory third party motor vehicle insurance policy as from 1st February 2025.

This is the time for us to pour encomiums upon the Inspector-General of Police (IGP) for implementing this initiative!!

Congratulations are in order, this is the time to bestow POSITIVE accolades and sobriquets upon the IGP such as: “motor-loving IGP”; “INSURED IGP”; and “Third Party IGP” just to mention a few (never mind Sowore with his negative sobriquets: “(IL) Legal IGP”.

My only quibble is that majority of the Nigerian Police officers who are to implement this third party insurance policy have not themselves seen what it looks like!!

Shouldn’t there be an orientation for these police officers?

I remember a real life story that shows that the level of literacy amongst police officers is very, very low.

A police officer stopped my car along the way and asked for my vehicle particulars, it was a direct Belgium car, so I had not even gone to get a new number plate for it.

I was using the number plate from my former car on it.

So the number plate on the car and the chassis number on the vehicle particulars are different and any literate police officer could have detected it.

With confidence, I opened the pigeon hole and handed him the documents. After he had METICULOUSLY pored over the documents, one by one, for over five minutes.

The police officer smiled and returned all my vehicle documents to me and said: “OGA find us something make we use wash this your new car now”!!!

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

A troubling case of organized crime involving inmates and corrupt prison officials

By Israel Joe

A young man was robbed on January 3rd 2025 in Benin by armed men who took valuable items and transferred a significant amount of money to a PalmPay account during the incident(4m)

The victim initially reported the crime to the Edo State Police Command, but no progress was made in identifying the assailants.

On hearing on the progreses made by our super cop CSP ALIYU SHABA in exposing the killers of Paulinus Okon at Otokutu, they decided to bring their case to Ekpan Police station.

The victim had conducted a geo analysis of the PalmPay account which pointed to the Udu axis, leading to further investigation.

The DPO arrested the account holder who confessed that her boyfriend own the account.

“I met him online and we started talking and one thing led to another, he started professing love and I accepted.

He told me he works offshore and have so many staff under him. He called me early January and told me that his phone fell into the River but expecting to receive some money and asked me to help him open a PalmPay account which I obliged. Later, he sent a lady to pick the ATM of the very account from me.

On the 4th of January, I got alert of 4m and told him. Later that day, he sent account numbers to me with instruction to pay some 600k, some 1.5m some 1m etc.

The DPO decided to run advanced analysis on the accounts and traced it to Warri correctional prison.

He immediately stormed the facility with his men and some of the arrested suspects. On arrival, one of the suspect ((girl ) sighted one of the star suspects but the prison officials refused to produce the young man except one who is serving a death sentence that also participated in the robbery.

So what happened is that, inmate left the prison custody and traveled to Benin city to rob and eventually returned.

All the robbers involved in this crime are serving inmates but because we have corrupt officials, they take bribes and allow the criminal inmates to go out for operations and return.

Implementing stricter security protocols in prisons to prevent inmates from leaving custody for criminal activities is crucial.

When the winner takes it all

By IfeanyiChukwu Afuba 

Ordinarily, the Igbo elite don’t believe in Nnamdi Kanu and Simon Ekpa. Who organises a coup against himself? The Igbo business and political elite have vested interests in Nigeria and would argue that Nigerians are better off in one united country. Majority of educated southeasterners, those you could say are struggling with life, are indifferent to the agitation for separation. They are not convinced about the practical prospects of realising  Biafra. The lower social strata of citizens, the hoi polloi, acknowledge the courage of Kanu and Ekpa in confronting Nigeria’s system of injustice.

Many, however, are sober enough not to be part of their foot soldiers. Yet, despite these reservations, the two separatist leaders have not gone into political oblivion. On the contrary, there’s sympathy for their plight; solidarity with  Kanu and continued sentiment for their path of self-determination. Take a critical look at the legal, political and civic support the detained IPOB leader receives each time his case comes up in Abuja. Now, there’s no contradiction here when we reiterate that this does not translate to endorsement of IPOB’s mission. What is playing out is basically a game of engagement.

While not subscribing to the agenda of separation, emergent Igbo outlook nevertheless insists that the region should not be taken for granted. A closer assessment of the political climate shows systematic undermining of southeast regional interests by Nigeria’s ruling elite. What makes the situation gall is the bold, assertive pattern it has taken over succession of decades, so much so that the dismissive treatment of the region has assumed unwritten Nigerian State policy. The discrimination against the zone has the effect of provocation on the people, prompting the unheeded protests that ultimately feed separation ideas. At this juncture, Igbo political thought places the background to regional resentment on the front burner. Igbo society calls out the inequity of Nigeria’s federation as far more destabilising than  engineering alternative statehood. This reappraisal mitigates the controversy of secession. In the event, the stigma of anarchists being invoked on the agitators is rejected.

Do you actually expect us to crucify these young fellows, these victims of circumstance? Who created the condition that gives impetus to IPOB’s agitation? We would be betraying the truth, our duty and the people by condemning this movement. It would be different if the current authorities were taking steps to remedy the grave injustice against a section of the country. But no, the present government is faithfully continuing the discrimination from where the last government stopped.

Now, we take a look at a long tradition of regional demotion, suppression and disregard. Following are sample lists of Nigeria armed forces key establishments and their regional locations.

 ARMY

 1. NA University, Borno State, NE. 2. NA Depot, Zaria, NW. 3. NA College of Logistics & Management, Lagos, SW. 4. NA Armour School, Bauchi, NE. 5. NA School of Infantry, Jaji, NW. 6. NA School of Artillery, Kachia, NW. 7. NA School of Engineering, Makurdi, NC. 8. Nigeria Army Resource Centre, Abuja. 9. NA School of Signals, Lagos, SW.10. NA College of Education, Kwara State, NC. 11. NA Training & Doctrine Command, Minna, NC. 12. NA School of Supply & Transport, Benin, SS. 13. NA Intelligence School, Apapa, SW.

 Ranking

North West     3

South West     3 

North Central  3

North East       2

South South    1

(FCT)                1

South East      0

 NAVY

1. NN School of Armament, Kachia NW. 

2. NN Basic Training School, Onne, SS.

3. NN Centre for Education & Training Technology, Ile Ife, SW.

4. Naval War College, Calabar, SS.

5. Naval Dockyard, Lagos, SW.

6. NN University, Ibusa – Ogwashi Ukwu, SS. 

7. Naval College, Port Harcourt, SS.

8. NN College of Engineering, Apapa, SW.

9. NN School of Health Science, Offa, NC.

10. NN College of Accounts & Finance, Owerrinta, SE.

11. NN Logistics College, Kano, NW.

12. NN Institute of Technology, Sapele, SS.

13. NN Hydrographic School, Borokiri, SS.

14. NN Provost & Regulatory School, Makurdi, NC.

 Ranking

  South South     6

  South West      3

  North West      2

  North Central  2

  South East       1

  North East       0 

 AIR FORCE

1. Aircraft Maintenance Hangar, Bauchi NE.

2. School of Finance & Accounting, Ibadan, SW.

3. Aircraft Maintenance Depot, Ikeja, SW.

4. NAF Mother & Child Hospital, Badagry, SW.

5. NAF Institute of Safety, Ijesha, SW.

6. NAF Regiment Training Centre, Kaduna, NW.

7. NAF Protection Wing, Kainji, NC.

8. NAF Institute of Technology, Kaduna, NW.

9. NAF Research & Development Institute, Osun, SW.

10. NAF College of Aviation Zaria, NW.

11. NAF School of Medical Science & Aviation Medicine, Kaduna, NW.

12. Air Traffic Services Training Centre, Kaduna, NW.

13. NAF Helicopter Flying School, Enugu, SE.

 Ranking

North West      5

South West      5 

North Central   1 

South East        1 

North East        1 

South South     0.

The above chart is not an isolated pattern but represents a trend of Igbo relegation since the end of the civil war. By the laws of this structural marginalisation, the Igbo areas were allocated the least number of states and local governments; ensuring by this organic disadvantage that the zone was sentenced to the lowest receipt from the federation account. It’s the same tale of woes in the siting of projects and distribution of federal appointments. Tokenist, peripheral projects are the lot of the southeast.

Accordingly, Nigeria’s steel complex would not be sited in Onitsha regardless of its choice by the technical partners. For the north-dominated military rulership, the east, an oil-producing area, did not qualify to host a refinery but there were a thousand reasons why a major refinery had to be built in Kaduna, a non-oil-producing State.

In the last forty years have we had substantive Ministers of Defence;  Agriculture;  Industries; Water Resources and FCT of Igbo origin? Let those who reject the indictment of anti-Igbo conspiracy please explain these exclusions to us. And by a wonder of changing standards,  no Igbo has attained the offices of Chief Justice of the federation and President, Court of Appeal.

Former President, Mohammadu Buhari, gave an insight into the apartheid nature of his government. Without flinching from the soreness,  Buhari declared in a video in July 2015 that “constituencies that gave me 97 percent (at the polls) cannot, in all honesty, be treated equally, on some issues, with constituencies that gave me 5 percent. I think these are political realities, while certainly there will be justice for everybody. Everybody will get his constitutional rights, but while the party in constituencies that by their sheer hard work they made sure that they got their people to vote and to ensure their votes count, they must feel that the government has appreciated the effort they put in putting the government in place. I see this as really fair.”

The fairness turned out to be that constitutionally mandatory members of the cabinet from the southeast occupied the back bench Ministries. For other powerful positions without mandatory state representation, the Southeast was ignored. Just as the zone was also ignored in a beneficiary list of a $22.7b infrastructure loan obtained by the administration in 2020. When typically, after much protests at exclusion, the southeast was added to a rail transport programme, the zone was included under light rail system rather than the standard gauge provision for other parts of the country; and for linking up the Niger Republic!

The surprise, however,  is that President Bola Tinubu appears to be towing the same path of denying Southeast her due share. While Buhari’s provincial record as a military ruler and Chairman of the Petroleum Trust Fund served notice of his mindset, there’s hardly anything about Tinubu to forewarn of such parochialism. Yet, the emerging trend in the government’s appointments is ascendancy of the southwest and continued suppression of the southeast. A distribution of 20 military, paramilitary and other security appointments released by the Presidency in November 2024 showed the northwest clinching 8 slots; followed by the southwest with 5; north central closely following with 4 positions; northeast 3 slots and southeast and south-south rocking the bottom with one bar each.

In the federal executive council, the southeast has five members while the southwest has ten ministerial positions. If the cabinet appointments which have constitutional enforcement of at least one minister from every State, fares lopsidedly, does anyone expect the categories of appointment without set parameters to be better? And there are no apologies for the imbalance, no visible remedies towards a fairer deal. Admittedly, the Buhari era was worse, but in that frame of comparative degree, lies a huge danger – casually accepting  precedence as conferring legitimacy. The fact that Buhari’s presidency was arrogantly provincial does not absolve the Tinubu administration’s deficit in managing our diversity.

In recognition of the danger posed by the winner takes it all tendency, the 1995 Constitutional Conference proposed a variant of proportional representation. Political parties would gain stakes in the next government based on presidential election performance. Vetoed by the Abdulsalami Abubakar military transition council, the Conference decision nevertheless gauges the importance of inclusiveness in Nigerian government and politics. There seems no disputing that we run an imperial presidency. When in a plural society, a powerful presidency is privatised, or captured, to use the latest fashionable expression, it’s bound to engender extremist reactions. IPOB is one such extreme response. The other effect would be to render presidential elections do-or-die confrontations. None is an easy way to travel.

Participatory Interfaith Dialogue and Development: The keys to addressing people’s needs in Morocco

By Yossef Ben-Meir

Morocco’s Multicultural Gateway to Community Development

Morocco’s policy for national multiculturalism and the diversity of its historic identity groups has emphasized the importance of intergroup dialogue and its role as a “bridge” to human development. In recent years, the Moroccan Ministry of Culture began collaborating with UNESCO to establish a framework for cultural preservation. The government has expressed the important role that culture plays in combating poverty through heritage preservation. They believe this will help empower individuals and increase their opportunities for social and economic mobility. Additionally, integrating a cultural dimension into education is considered a significant factor in encouraging development by promoting recognition and enhanced solidarity. Similarly, cultural preservation and awareness can specifically help women to enhance their livelihoods and economic prospects. In relation to sustainable urban development, preservation activities help to balance modernization, tradition, the environment, and public spaces.

Although pathways exist to foster intercultural partnerships to meet Moroccan communities’ needs, it continues to be a complex challenge. For example, interreligious partnerships may often find shared goals of preserving archives, sacred locations, and cultural knowledge. However, translating these goals into concrete initiatives that could lead to improved public health, enhanced livelihoods, and environmental protection requires more innovative and locally-led approaches.

Morocco represents a notable case where a unique Muslim-Jewish cooperation is leading sustainable fruit tree agriculture and human development, especially within clean drinking water, irrigation infrastructure, and financially independent women’s cooperatives, all achieved through building community-managed fruit tree nurseries. These nurseries, built on land lent by the Moroccan Jewish community, illustrate the ability of interfaith partnerships to address critical rural challenges. Morocco’s National Initiative for Human Development has provided a significant proportion of funding to construct four nurseries (two completed and two in the process) to provide trees to farming families who seek to transition from barley and corn to more income-generating organic fruit products. The integration of monitoring the trees planted by farming families for certified and commercialized carbon offset credits further enhances the community impact.

The pilot nursery, established in 2012 in the Tomsloht municipality, Al Haouz province, now produces 70,000 trees annually. This region was severely impacted by the September 2023 earthquake that occurred in the High Atlas Mountains, amplifying the significance of sustainable agriculture projects for post-disaster recovery. The second nursery, built in 2020 in the Ouarzazate province, has produced approximately 40,000 trees, with two additional nurseries in the process of being constructed in the Marrakech and Ouarzazate areas. All four nurseries are situated adjacent to Moroccan Jewish saints’ sacred burial sites, some dating back 1,000 years. With over 600 locations of religious significance in the country, interfaith and intersectoral partnerships effectively play a significant national role in assisting farming communities transition to fruit tree agriculture. They can together build a more resilient, economically enhancing, and healthier option than traditional reliance on growing barley and corn.

Morocco’s path of national solidarity for human development provides widespread benefits and exemplifies that there is a viable recourse from strife and division. The development process begins with local communities determining their development goals from an empowered disposition to help ensure that their decisions reflect their priority interests. From this empowerment workshop experience, leading to intercultural, public, and private partnerships based on dialogue and trust-building, communities assess and determine the most important projects they seek to implement.

Origins and Development of a Moroccan Cultural-Agricultural Program

In 1993, the author of this article volunteered with the Peace Corps living in a village of the High Atlas Mountains called Amsouzerte, where the journey from the village to the nearest city centers took almost 20 hours along unpaved roads and mountain passes. At the foot of a mountainside, fifty kilometers from Amsouzerte, there was an old, white mausoleum, uncharacteristic of the earth-brick homes typical of rural Moroccan landscapes.

Even at this time, it was immediately clear that eroding mountain areas offered large potential for terrace construction surrounding the mausoleum for the Muslim community to build tree nurseries and derive generational benefits. Tree nurseries are valuable for Moroccan farming communities because 70 percent of current agricultural land in the country generates just 10-15 percent of agricultural revenue. Fruit tree cultivation allows farming families to transition from less lucrative barley and corn crops to higher income-generating crops. Morocco has both organic and endemic varieties of almond, Argan, carob, cherry, date, fig, lemon, pomegranate, olive, and walnut trees among others, as well as dozens of species of wild medicinal plants.

Based on dialogue with farming families and communities, this local project was derived directly from their own determination and development perspective. The High Atlas Foundation (HAF)—a Moroccan national civil association founded in 2000 by former Peace Corps Volunteers who initially served in this mountain region–facilitated empowerment and participatory methods that assisted people in identifying their doubts and fears, project priorities, and actions forward to achieve their discovered goals of tree infrastructure and related water infrastructure.

In rural Morocco, where most household income is derived from agriculture, initiatives within this development sector, particularly surrounding water infrastructure, trees and herbs, cooperative-building, terracing, value-added processing, and marketing, are shared priorities across the countryside. The September 2023 earthquake exacerbated the need for these long-held priorities of farming families and brought them to the forefront for investment.

Small landholders often cannot commit the necessary land resources over the two years required for fruit tree seeds to mature, as they must harvest every season from all available land to maintain their livelihoods. The question that arose at the onset of the project and that remains prevalent for rural communities today is where land for nurseries will come from, if farmers cannot afford to convert their existing farmland.

The mausoleum near Amsouzerte is a sacred tomb of a Hebrew saint (tzaddik, or ‘righteous one’) named David-Ou-Moshe, one of over 600 tzaddikim (Muslim, Jewish, and Christian) buried throughout Morocco. The land immediately around these burials had potential for future tree nurseries that could generate tens of millions of saplings annually.

On behalf of the farming families, HAF approached the Moroccan Jewish community to request land leases for building tree nurseries on this land. While they agreed, sufficient funding was still needed for the project to commence. Although the original location remained undone as years passed, a successful pilot nursery launched in 2012 at Akrich in the Al Haouz province near Marrakech at the burial site of another tzaddik named Raphael Hacohen that has since collaborated with and provided benefits for 175 different farming families annually.

Community nurseries jumpstart a new development path toward economic and environmental sustainability. The Akrich tree nursery, for example, led to empowerment workshops and the establishment of the nearby Achbarou women’s carpet-making cooperative, the construction of a paved road between the nursery/cemetery and the cooperative that allows visitors to easily visit both sites, and a clean drinking water system in Achbarou village. It is necessary that agencies partner with communities like Achbarou as land contributors to catalyze human development projects that extend benefits beyond the agricultural sector.

Methods of Scaling Cultural Initiatives and Sustainable Development

Moroccan development policies and the public have recognized the environmental richness and symbol of social solidarity that the country bears. Environmentally, the natural diversity composed of distinct biozones (which exist in the Middle East and North Africa region at large) has created widespread opportunities for food production generated from endemic species.

Socially, the Moroccan national identity includes people of different ethnicities, languages, dialects, and faiths. In general, Morocco represents one case in which people of varying identities live unified under a single sovereignty in relative harmony. Morocco, as apparent in its culture, policies, and constitution, aims to embrace the different aspects that make up its identity. Even in the current regional context of conflict and war, Morocco maintains a commitment through policy and programs to the diversity of faiths for its communities as a pathway towards improving people’s lives. This approach is seen as the most practical way to achieve development and inspire broader peace and acceptance across the world.

However, in order to attain enduring success in this way, interfaith actions require their design to come from the community beneficiaries and directly address their self-described needs. Development implemented through local participatory methods generates the critical trust and goodwill that strengthen social unity, due to its responsiveness to the will of the people. Necessarily, Morocco’s commitment to community-identified and managed initiatives for growth is also embedded in Moroccan policy, strategic plans of ministries, charters, and the Constitution.     

After coordination with the Ouarzazate governor and with the Regional Directors of relevant public agencies, construction of the new nursery began in 2019. In the past four planting seasons, over 46,000 fruit saplings were produced at this nursery that were then planted in the private agricultural lands of 195 small landholder families, marking significant progress for the development trajectories of these communities. Lands for future nurseries are increasingly being set aside by the Moroccan Jewish community to contribute to this interfaith organic fruit tree initiative, titled House of Life by the governor of the Al Haouz Province Younès Al Bathaoui, denoting the traditional title for a Jewish cemetery.

Monitoring the Trees for Verified and Commercialized Carbon Offset Units

Monitoring tree nurseries for evaluating carbon offset credits has also become an integral part of the larger tree-planting initiative. New carbon offset programs and verification standards integrate multiple existing methodologies to launch community initiatives through participatory development and empowerment workshops, particularly with women. This strategy utilizes local, organic, and endemic seed varieties; incorporates renewable energy in the form of solar water pump systems at nurseries; reinvests offset revenue in new community projects within the regions that generated the credits, and concentrates tree planting with small landholder farming families, all while facilitating interfaith collaboration to alleviate rural poverty.

Observing tree growth using GPS, maintaining registries and GIS maps of planted trees, and monitoring voluntary and credited carbon offsets with certifiable systems are critical components of the nursery programs. Monitoring systems include important data such as the farmer’s name, association, or cooperative, the village and region, the tree species and number of trees, photos of the location, planting systems used, and other factors to ensure maximal efficient use of all land.

Using the current carbon credit monitoring system (that of PlanVivo based in Scotland), 80 percent of the value of the carbon offset credit (now valued at 40 euros) returns to the farmers and their development projects. Of the remaining 20 percent of the value of the credit, 10 percent goes to the certifier who helps verify and commercialize the credit, and 10 percent goes to HAF for the costs of ongoing monitoring, organizing community meetings for project identification, securing authorizations with relevant public agencies, overall implementation, and financial and programmatic compliance (including audits).

As stated in Morocco’s General Report of the New Development Model, significantly more investment is necessary in order to achieve the levels of economic growth and poverty alleviation needed, with an emphasis on agriculture, human capital, and digitalization. These components are all integral in the House of Life and carbon credit offset programs. Furthermore, the focus on family farmers helps to ensure that the benefits are directed at the communities and villages that need them most.

The sector that presents the greatest likelihood of return, and which addresses the core of the poverty affliction in the country, is agriculture. The agricultural practices that prevent people from taking full advantage of the sector’s opportunities are the same practices that, if positively transformed, will uplift millions from poverty and secure environmental sustainability and water availability for decades to come. Therefore, targeting investment in the agricultural sector and ensuring that it is delivered to the communities is what will accelerate and multiply the level of financial returns for overall human development.

Although significant barriers exist to securing new financing that reaches farming communities, they can be addressed to create new projects by the people. For example, compliant financial and programmatic management and reporting systems of local civil and cooperative groups are essential but too few in number. In this regard, capacity-building is vital, and having an enhanced self-reliant form of revenue generation is key, especially one derived from an ongoing production activity that already exists like fruit tree agriculture.

Added income from the verification and sale of carbon offset credits enabled by tree planting activities can capitalize on communities’ existing strength and further increase household income and reinvestment in local development. When interfaith partnerships—in this case, through the free provision of land for community nurseries—are a principal part of program implementation and expansion, they will become more prevalent and strengthen social solidarity as income and reinvestment from agricultural yields and carbon credits are generated.

Conclusions: Communities’ Discovery and Empowerment First

Morocco’s policies encourage intercultural dialogue and communication for human development. Different faith communities in Morocco are brought together to share their historical narratives, which can lead to improved livelihoods and health through a participatory development approach by leveraging underutilized capacities. However, these experiences that are necessary to empower and promote sustainable growth are too infrequent to impact social transformation. House of Life cements the continuity of interfaith collaboration, key for achieving scale and social change, by providing needed trees and support for new community projects.

While multicultural memory and consciousness in the country create opportunities, combining these factors has yet to reach the level of self-reliant development and a circular economy that the people urgently need. Through the USAID Dakira program (or “Memory” in English), civil society organizations and public administrations seek to redress the lack of such participatory community dialogues in which people discuss the past and the future together and create a shared vision forward.

Third-party facilitation of dialogue and communication at the community level is vital, especially in the initial phases, as cultural narratives and development opportunities are shared by the group participants, trust and cross-relationships are built, and future growth plans are created. In this way, Moroccan culture has become a (re)discovery gateway for human development, recalling the nation’s journey of diversity, unity, and solidarity, even through difficulty. Community storytelling helps people understand their connectivity and reliance on each other to achieve their individual and collective dreams.

The most significant challenge for participatory planning is the need for more training in community dialogue facilitation to empower all voices and express all priorities. While manifold methods and activities can be used to explore personal and collective identity and create plans for the future, most people have never experienced these approaches and are, therefore, unable to initiate and steward the process.

In recent years, the global community has seen that much of the world does not reflect the same model of faith and cultural solidarity. As can be seen, in the violent incidents at two mosques in Christchurch, New Zealand in 2019, an African Methodist Episcopal church in South Carolina in 2015, and the Or L’Simcha Congregation synagogue in Pittsburgh in 2018. In each of these cases, the killers were initially warmly greeted by their communities with “Salaam,” “Welcome,” and “Shalom” before they committed murder. Tree nursery projects, like the Akrich nursery, have the potential to juxtapose these atrocities against the more hopeful reality of interfaith solidarity as is experienced in Morocco.

Interfaith dialogue, as an opportunity to voice our histories, can deepen understanding and provide reconciliation between historically antagonistic groups. When this process is maintained and integrated with supporting projects and defined and managed by the people, it can become a basis for achieving sustainable and prosperous societies. In Morocco, interfaith connections are convivial when they occur but demand total energy and commitment to organize. This Moroccan approach to success across religious differences could inspire other nations of Africa, the Islamic World, and the Middle East to follow the same path.


Reference

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Dr. Yossef Ben-Meir is president and co-founder of the High Atlas Foundation, a Moroccan-U.S. non-profit organization founded in 2000 and dedicated to sustainable development. Dr. Ben-Meir is a visiting professor at the University of Virginia’s International Studies. He holds a Ph.D. in sociology from the University of New Mexico (2009), an MA in international development from Clark University (1997), and a BA in economics from New York University (1991).

𝗙ree-𝗡𝗕𝗔-𝗦eal “incentive” for payment of annual bar practising fee promotes palliative mentality

NBA Presidents Should Jettison Policies That Do Not Promote Welfare and Economic Empowerment of Lawyers!

By Sylvester Udemezue

  1. In return for the various monies the leaderships of the Nigerian Bar Association (NBA) and their affiliates continually collect from Nigerian lawyers, Nigerian lawyers should DEMAND and INSIST on quality, accountable responsible, responsive, transparent and effective governance from the NBA leaderships Instead of waiting for and being content with FREE-NBA-SEALS as a major incentive to continue to pay the Annual Bar Practising Fee (BPF).
  2. FREE-NBA-SEAL is not a sign of responsible and effective governance but a sort of perpetuation and promotion of palliative mentality which is a major sign of ineffective governance on the part of the NBA and gullible, docile, beggarly, disoriented and fruitless followership on the part of NBA members.
  3. A CORE AIM of the NBA is ”Establishment of schemes for the promotion of the welfare, security, and economic advancement of members of the legal profession”_ (See Section 3(13) of the NBA Constitution, 2015). NBA leaderships should focus on this, instead of promoting the palliative culture that encourages poverty and laziness among lawyers .
  4. NBA leaders usually take collection of the Bar Practicing Fee (BPF) and other dues so seriously that they adopt, in each year, all manner of strategies to get lawyers to pay. By going about to appeal to lawyers to pay the BPF and Branch Dues, and by introducing the FREE-NBA-SEALS scheme as an incentive to encourage payment, NBA leaderships are subtly exposing their vested selfish interest in the monies ultimately collected from the BPF. Ordinarily, NBA leaders should have no business and no reasons “appealing” to anyone to pay BPF and dues. Members ought to pay the BPF WILLINGLY and HAPPILY if members are sure that they stand to benefit and especially considering the consequences of failure or neglect to pay.
  5. Additionally, (a) section 4 of the NBA Constitution provides that if you don’t pay BPF, you’re disqualified from practicing law in all its facets and from doing anything whatsoever that only a lawyer may do, for the rest of that year, until you pay. The same section says non payment of BPF is a form of unprofessional conduct. Why then does anyone need any FREE-NBA-SEALS as an incentive to pay? See also the Rules of Professional Conduct (RPC), 2023, which makes payment of the BPF a condition precedent to engagement in law practice especially advocacy, in each year.
  6. If things were going on well within the NBA, if NBA members were happy with the NBA leaderships, if they were getting VALUE FOR THEIR MONEY by way of good, quality governance, they would happily and promptly pay BPF and any other dues.
  7. Unfortunately, there appears to be a situation of TOTAL FAILURE OF CONSIDERATION, as I have come to realize, meaning that Nigerian lawyers hardly get value for the monies they pay to the NBA. Thus about 90 percent of lawyers who pay BPF do so only because they want to be able to collect Stamp and Seal in that year which itself is required to be affixed to any document prepared by a lawyer for the purpose of authentication. In other words, most NBA members pay the BPF because NBA practically, indirectly COMPELS them to pay. Else, they might not and NBA leaderships know this, because there’s hardly anything lawyers get in return, BY WAY OF VALUE, GOOD GOVERNANCE
  8. I repeat that payment of the BPF should be done by lawyers freely and without any inducement such as the palliative FREE-NBA-SEALS that only gives unsuspecting lawyers a false impression that NBA is doing something (giving FREE-NBA-SEAL) when the FREE-NBA-SEALS scheme in itself is neither a sign of progress for the NBA nor evidence of good governance on the part of NBA leaderships.
  9. The best sign of progress is when every lawyer in Nigeria is able on his own, to apply and pay for the number of NBA seals he needs in each year; such is a sign of economic improvement as well as an improvement in the professional lives of NBA members.
  10. Four major factors should constitute the major reason why Nigerian lawyers should feel obliged to pay the Annual Bar Practising Fee: (1) The payment is statutory and mandatory; (2) Default has serious consequences, as already pointed out above. (3). The payment is the annual law practising licence renewal fee for lawyers and (4).That Nigerian lawyers are getting value for the monies collected from them by the NBA. Unfortunately, number (4) above, as I have explained, is almost absent leading to widespread indifference by lawyers towards prompt payment of the BPF.
  11. However, as a way out and instead of delivering good, effective governance (which should be the major motivation and the real incentive for payment of the BPF), some NBA leaderships recently devised the strategy of promising lawyers who pay their BPF before 31 March in each year, a card or two of NBA seals. The scheme was begun under the Akpata leadership (2020-2022), but it appears the current NBA leadership is not interested in continuing it, in response to which there are pockets of protests by lawyers who argue that the FREE-NBA-SEALS bonus serves as “a major incentive” for payment of the BPF. Unfortunate!
  12. Some others have suggested that the FREE-NBA-SEALS bonus, which was started by the Olumide Akpata leadership, was later stopped under the Yakubu Maikyau leadership, while some others say it was continued by the Maikyau leadership. Anyway, when the strategy started or stopped and whether it has stopped or has not stopped are not the focus of this commentary. The main focus of this commentary is that the FREE-NBA-SEALS in return for payment of the BPF is an ugly strategy that illustrates dilapidation, deterioration and retrogression.
  13. Such a palliative mentality strategy/policy ought to be discontinued forthwith while NBA leaderships should focus their attention on upholding the core essentials of good governance as identified by UNESCAP (United Nations Economic and Social Commission for Asia and the Pacific): (1) Participation; (2)
    Strict adherence to the Rule of law, enthronement of fair legal frameworks that are enforced impartially, and full protection of human rights, particularly those of minorities; (3). Transparency and adherence to due process ; (4). Timely and responsible responsiveness to the challenges of the NBA and its members, so as to engender trust and Consensus oriented: Mature, reasonable, fair balancing and reconciling of the many conflicting interests and needs within the NBA; (6). Equity and inclusiveness to ensure a sense of belonging to the various interests within the the NBA; (7) Effectiveness and efficiency, ensuring a result-oriented leadership where the results are such that meet reasonable expectation.
  14. Efficiency involves sustainable use of available resources while effectiveness entails producing results that meet the needs of members and stakeholders in the NBA; (8). Accountability: NBA leaderships must be accountable to NBA members and to all stakeholders. Observance of the requirements of transparency and rule of law ensures accountability, equity, and inclusiveness.
  15. Delivery of good governance to NBA members (which is the fundamental reason the NBA leadership is installed) should be the best and the most credible motivation, incentive for NBA members’ commitment to prompt and regular payment of the BPF.
    Respectfully,
    Sylvester Udemezue (Udems), Proctor of The Reality Ministry of Truth, Law and Justice (TRM)
    08109024556.
    TheRealityMinister@Gmail.Com.
    (31 January 2025)