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NBA on the Arrest of Dele Farotimi: Law enforcement agencies must prioritize the principles of legality, fairness, respect for human rights

STATEMENT BY THE NIGERIAN BAR ASSOCIATION ON THE ARREST OF DELE FAROTIMI AND ALLEGED INVASION OF HIS LAW FIRM

The Nigerian Bar Association (NBA) is gravely concerned about the arrest of Dele Farotimi on allegations of libel, as well as the reported invasion of his law firm and the harassment of lawyers and staff within the premises. These actions constitute a troubling breach of the rule of law and the sanctity of the legal profession.

While the Nigerian Police Force has the authority to investigate crimes, this power must be exercised within the confines of the law and in respect of offenses recognized under Nigerian law.

We must reiterate that the alleged offense of libel, for which Dele Farotimi was reportedly arrested, is not recognized as a criminal offense under the laws of Lagos State. The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions. This progressive legislative move aligns with global best practices, which treat defamation as a civil wrong rather than a criminal offense.

The Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021) affirmed this position. Justice Helen Ogunwumiju, JSC, unequivocally held that defamation ceased to be a criminal offense in Lagos State following the enactment of the Criminal Law of Lagos State 2011. This authoritative pronouncement leaves no room for doubt.

Furthermore, under Sections 4 and 24 of the Police Act, 2020, the Nigerian Police Force is mandated to act only about conduct that constitutes a criminal offense under Nigerian law. Arresting individuals for non-criminal matters, such as defamation in Lagos State, is not only unlawful but also a blatant violation of the principles of legality and the rule of law.

Of equal concern is the reported invasion of Dele Farotimi’s law firm and the harassment of lawyers and staff within the premises. Reports that phones were confiscated from lawyers and staff during this invasion highlight a severe disregard for the sanctity of legal practice and the constitutional rights of individuals. The legal profession is a cornerstone of justice and democracy, and any attempt to undermine its independence is a direct assault on the rule of law.

The NBA unequivocally condemns the invasion of Mr. Farotimi’s law firm, the harassment of its lawyers and staff, and the unlawful seizure of their phones. Such actions are not only a violation of the constitutional right to dignity and privacy but also an affront to the independence of the legal profession.

We, therefore demand the immediate release of Dele Farotimi, as his arrest lacks any basis under the laws of Lagos State. The authorities must swiftly launch an investigation into the invasion of his law firm, with the findings made public and those responsible held accountable.

We urge law enforcement agencies to prioritize the principles of legality, fairness, and respect for human rights in their operations. These principles are foundational to justice, democracy, and the protection of citizens’ freedoms.

Mazi Afam Osigwe, SAN
President
Nigerian Bar Association

Arrest of Dele Farotimi by Police is a gross abuse of power, Kunle Edun, SAN condemns police action

The news of the arrest of citizen Dele Farotimi by officers of the Nigerian Police Force on the allegation of committing criminal defamation is illegal and an unpardonable abuse of power of arrest. Criminal defamation is no longer an offence known to our laws, same having been held to be unconstitutional by the appellate Court. Defamation is a civil matter and any person aggrieved should resort to civil remedies and not to employ security agencies to go after the alleged maker of the defamatory statement.

The penchant of the security agencies to arrest patriotic citizens who are exercising their constitutional right to freedom of speech is an unconstitutional exercise of power and privileges. The powers given to the security agencies are in trust for the public and should not be used for private purposes.

I have observed that it is only the affluent and the wealthy people particularly, the politicians and those close to the powers that be that are fond of using security agencies to go after their perceived enemies, and thereby using the instrument of State power as an oppressive tool against Nigerians that speak truth to power. That is a betrayal of public trust on the part of the security agencies.

I call on the Inspector General of Police to call his men to order and direct the immediate release of Mr. Dele Farotimi immediately. There are bigger criminals within the corridors of power looting public funds and mismanaging our commonwealth, that should be the concern of the security agencies. The Police should stop de-marketing and making itself available to be used to settle civil scores of power-drunk individuals in the society.

Kunle Edun, SAN

Zimbabwean High Court okays abortion for pregnant minors and women raped by husbands

A Zimbabwean High Court ruling has declared that denying pregnant children and married women of marital rape access to abortion is unconstitutional.

Justice Maxwell Takuva’s ruling, delivered on 22 November, has been hailed as a significant step forward in protecting the rights of women and children in the country.

His Lordship found that Section 2(1) of the Termination of Pregnancy Act [Chapter 15:10] violates constitutional protections of dignity and the right to protection from degrading treatment. “The dignity of adolescent children who are impregnated and married women who are raped is adversely affected by the provisions of s 2(1) of the Act,” he said.

In his judgment, Takuva referenced Zimbabwe’s Constitution, emphasizing that everyone is entitled to dignity in both private and public life. He pointed out that sexual intercourse with minors is unlawful, adding, “Sex with a minor is therefore unconstitutional, and any pregnancy arising from such intercourse must be treated as unlawful.”

The ruling sheds light on the dire conditions faced by child mothers, describing forced pregnancy as a form of abuse. Justice Takuva cited medical expert Dr Nawal Nour, who stated, “Girls aged 10–14 are 5–7 times more likely to die from childbirth compared to women above 20.”

He called the situation a “major human rights issue,” noting that child pregnancies in Zimbabwe are often driven by poverty.

Takuva emphasized that forcing children to carry pregnancies without access to safe abortion perpetuates poverty and suffering. “Teenage pregnancies foster poverty and cyclical reproduction of poverty,” he stated, adding, “It is torture, cruel and degrading treatment for a child to carry another child.”

The High Court ruling now awaits confirmation by the Constitutional Court of Zimbabwe. Human rights lawyer Tendai Biti, representing Women in Law in Southern Africa and Talent Forget, praised the judgment, calling it a step toward justice. “Children were dying by the thousands in illegal and unsafe abortions,” Biti said. “This small victory hopefully closes the chapter of child mothers in Zimbabwe.”

Takuva concluded by highlighting the constitutional breach, stating, “Failure to include pregnancy of a minor and marital rape as unlawful intercourse violates the right to human dignity, protected under section 51 of the Constitution.”

Activists and public affairs analysts claim that the ruling will be pivotal in reshaping abortion access in Zimbabwe, particularly for the country’s most vulnerable citizens.

Credits: Linda Ikeji

Of VCs, CMDs, dying patients and physician conspiracy

By Calixthus Okoruwa

Not many people may have heard of Miriam Olusanya. But Ms. Olusanya is currently Managing Director of GT Bank, a company with a market capitalization in excess of a trillion Naira and well over three thousand permanent employees. GT Bank generated a profit slightly in excess of a trillion Naira in the first half of 2024.

Ms. Olusanya originally trained as a pharmacist. Were she to have pursued a career in pharmacy and chosen to work in a hospital, she would never have been privileged to lead any public hospital whatsoever. Indeed, she would never have risen above the role of Director of Pharmaceutical Services, which is where pharmacists tend to be capped in the hospital environment.

This is the paradox of Nigeria’s health institutions: Chief Medical Directors, as managing directors of hospitals are known, must be medical doctors, according to a decree that was engineered by Prof. Ransome-Kuti, health minister in the Babangida years. Even though it is irrational and illegal, being discriminatory against other health practitioners, that decree has since become entrenched in our statute books.

Managing an enterprise, as the world has long come to realize, is not necessarily a function of professional training. You do not necessarily need to have trained as a banker to run a bank successfully, as Olusanya and many others have proven. Nor do you need to be a trained physician to successfully run a hospital. In fact, in the United States, less than 5 percent of hospitals are led by medical doctors. Managing a thriving hospital as the US has long realized, is a function of how skillfully a leader synergistically aligns all the critical elements such as planning, organizing, staffing, controlling and leading. While a medical doctor may indeed possess all of these qualities in addition to his skills as a physician, those traits are not exclusive to medical doctors and may also dwell in the sundry other professionals who provide service in the hospital environment: pharmacists, nurses, medical laboratory scientists, accountants, physiotherapists, psychologists, health economists, administrators, and many more.

Unfortunately, doctors, aided by Ransome-Kuti’s decree have continued to feed Nigerians with the wrong impression that only doctors can run hospitals. In the process, the dragnet for the selection of Chief Medical Directors of hospitals in Nigeria, is deliberately constricted, being restricted to doctors. These critical public institutions are therefore denied the potential leadership that may have been provided by hordes of talented professionals in disciplines other than medicine.

The situation is not different in Nigeria’s medical or health universities. While Nigeria’s first specialized university is the Tai Solarin University of Education in Ijebu-Ode, medical universities have over the years, gradually sprung up across the country. These universities train doctors and in addition, pharmacists, nurses and other medical specialties. They are staffed by medical doctors as well as teachers from other disciplines including the medical sciences. It doesn’t take rocket science to know that medical or health universities are not fundamentally different from other universities. They are only different in that they are limited to teaching courses in the medical and health fields. Managing these universities, therefore is no different from managing any other university in Nigeria.

Curiously, however, only medical doctors can aspire to become Vice Chancellors of Nigeria’s medical and health universities as any advert for that position will confirm. The current VC of Lagos State University is a physiologist – Physiology is one of the medical sciences. Were the College of Medical Sciences of Lagos State University to be upgraded to a full-fledged medical university today, LASU’s VC would not qualify to be its VC.

A few months ago, the Nnamdi Azikiwe University, Awka threw up a case that presents a perfect opportunity for medical doctors to hold a mirror to themselves for a thorough examination. Seeking a new VC to replace the outgone one whose tenure had expired, the university advertised the vacant VC position. Any aspiring VC it stipulated, in keeping with a key requirement by the National Universities Commission, must possess a PhD.

Hell was let loose as the same doctors who have for decades been beneficiaries of the discriminatory Ransome-Kuti decree which makes the CMD position exclusive to them, who have been discriminatory of other professions with regard to VCship of medical universities, cried blue murder. The university, they complained, was being “discriminatory” against medical doctors. In their reckoning which they presume is superior to the NUC’s prescription, the clinical training which a medical doctor undergoes in the quest to become a specialist or consultant, is “equivalent to a PhD.”

Interestingly, quite a number of medical doctors possess both the clinical qualifications as well as PhDs which suggests that the PhD is not quite the superfluous degree they would want the world to believe.

The medical consultants went further. In typical fashion, they went on strike. They abandoned the sick and dying to their fate, in order to justify a claim that is at best questionable, and at worst an attempt to deceive the public.

Which brings us to the question: Why do Nigerian doctors go on strike at the drop of a hat? Medical consultants are the top doctors in Nigeria – the most experienced and perhaps the most skilled. In downing tools over an unproven assertion that claims parity between clinical fellowships and PhDs, abandoning the same sick and dying patients whom they swore to protect and save, what manner of example do they leave their younger colleagues?

University College Hospital, UCH, Ibadan has been in the news for all manner of reasons lately. The hospital has defaulted serially in paying its energy bills and its current circumstances are deplorable. Could leadership be its problem? Is it not plausible that opening the CMD position to sundry professions and in so doing broadening the pool from which the best leaders can be selected, could help redress the hospital’s pathetic situation?

The current system that imposes the doctor as the compulsory head of all health institutions, including medical universities, is anachronistic and has no place in the present day where all the health professionals are equally well-educated. Nigeria needs to jettison this ancient practice and allow the country benefit from the value potentially derivable from selecting leaders of Nigeria’s healthcare institutions from a diverse pool of professionals. This will also help to considerably curtail the disharmony that exists in the health sector.

It is unfortunate, however, that other health professionals have over the years tended to accept with equanimity, a situation where they are perpetually subjugated in hospital settings and now, in medical university settings. Why have they been unable to challenge prevailing laws which are discriminatory even when Nigeria’s constitution explicitly states that citizens must not be discriminated against, under any guise? They need to borrow a leaf from the pragmatism of their doctor colleagues who typically waste no time in agitating vehemently, whenever they imagine they are oppressed.

George Bernard Shaw was spot on when he asserted that every profession is a conspiracy against the laity. Apparently, no profession anywhere in the world typifies this assertion better than Nigeria’s medical doctors whose conspiracy of deceit has often left Nigeria with the short end of the stick.

Do medical doctors play an incredibly vital role in our lives? Without question. That role, however, should embody honesty, honour, humility and responsibility. Doctors need to temper their sense of self-importance with a recognition of the sanctity of the lofty oaths they have taken to save lives. Governments on the other hand, must also learn not to become slaves to the demands of doctors, however irrational. And other health professionals must eschew complacency and fight for their rightful place in Nigeria’s healthcare settings, currently monopolized by their doctor colleagues.

  • Okoruwa, a fellow of the Nigeria Academy of Pharmacy, is chief executive officer of the communications consultancy, XLR8

Nigerian lawyer Says: Clients abandon us in court, stop picking our calls only to discover they’ve gone back to their abusive marriages

A Nigerian lawyer, Favour Ajuebor, has narrated how some clients who were seeking divorce abandoned lawyers even in court and cut off all communication only for them to discover that they had gone back to their abusive and deadly marriages. 

He disclosed this while reacting to the report of the woman who was brutally beaten by her husband and kicked out with her baby in Anambra but refuses to leave him. 

Clients abandoned us in court, stopped picking our calls only for us to discover they went back to their abusive and d3adly marriages  - Nigerian lawyer says

Battered Anambra nursing mother Says: “I love my husband, I don’t want to leave him”

Mrs Ifeoma Nwafor, the 27-year-old Anambra woman who was found lying half-dead on the road with her two children in a bush after she had been brutally beaten by her husband and kicked out of their home, has said she intends to remain with her husband, Chukwujekwu Nwafor.

In a chat with Human Rights activist, Harrison Gwamnishu, the mother of two said she still loves her husband and will stay with him. The husband on his part, promised not to beat his wife anymore, adding that he loves her as well.

Gwamnishu said that when he and his team members visited Anambra state after getting wind of her case, he noticed that the woman had refused for them to meet with her husband and that she insisted that she doesn’t want her husband to be punished.

Gwamnishu said the Anambra state government has now taken over the case and will handle it according to the laws of the state.

‘’WIFE BADLY BE@TEN BY HUSBAND IN AMAOKPARA, ANAMBRA STATE.

“Regarding the criticism leveled against us for not arresting the husband, it is essential to examine the circumstances surrounding our visit to their home.

“Upon arrival, the wife took measures to protect the husband, refusing to allow us to see him until we pressed the issue, at which point she presented him to us.

“Throughout our interaction, she maintained that she wished to remain with her husband and asked that we not apprehend him.

“Our primary focus was ensuring the woman received proper medical care, and we appreciate the Wife of the Anambra Governor’s intervention to provide further support to her and children,” Gwamnishu wrote.

On visiting the private medical facility where the woman is receiving medical attention, Mrs Soludo, who was represented by the Commissioner for Health, Dr Afam Obidike, confirmed from the doctor on duty that the woman had received adequate treatment for the injuries sustained on her face and head.

Read Also: 16 Days of Activism Against GBV 2024: Anambra First Lady intervenes in case nursing mother gruesomely assaulted by husband

Thereafter, Ifeoma Nwafor’s bills were paid. Arrangements are underway for her to take up a job with Orumba North Local Council Area, from where she could make sustainable earnings to take care of her two kids.

Mrs Soludo has also made arrangements for the supply of food items to the family early next week.

The First Lady who restated that the culprit would face full justice, reaffirmed her commitment to protecting women and children in Anambra State from domestic violence and abuses.

Watch a video of the couple professing love for themselves below…

Mother of late Lagos pupil Sylvester Oromoni’s dies; family, friends mourn

The mother of the late Sylvester Oromoni, Mrs. Rosemary Oromoni, has reportedly passed away on November 25, 2024.

Mrs. Oromoni’s death comes just three years after the tragic loss of her son, Sylvester Oromoni Jr., who died in November 2021 after allegedly being bullied at Dowen College in Lagos.

The sad news was confirmed by a series of posts and condolences shared by the family and their close associates.

Read Also: Those accused of Sylvester Oromoni Jr’s Murder have been exonerated.

The Executive Chairman of Ughelli North Local Government Area, Jaro Egbo, visited Mr. Oromoni Snr., who is also a chairman of the Warri South West Local Government Council, on November 28 to offer condolences to the family.

In pictures from the condolence visit shared on Facebook by the Ughelli North Local Government Council, Egbo was said to have described Mrs. Oromoni’s sudden death as shocking and painful, stating that she passed away at the time when her presence will be needed most by the husband.

Read Also: Let Sylvester Oromoni not die in vain

The caption partly read, “Mrs. Oromoni’s passing has left a void in the lives of those who knew her.

“On behalf of my immediate family and the good people of Ughelli North Local Government Area, I expressed my heartfelt condolences to my dear brother, friend, and great colleague on the passing of his beloved wife, Mrs. Rosemary Oromoni.”

One of the late Sylvester’s sisters, Amanda, identified on Instagram as amandaoromoni, also marked the family’s loss with a symbolic post that appeared to reflect the family’s grief and the dates of the losses.

Read Also: Nigeria’s tearful education sector

On her Instagram profile, Amanda wrote, “30-11-21  25-11-24,” marking the anniversary of her brother, Sylvester’s death and the date of her mother’s passing, respectively.

Additionally, Blessing, another sister of the late Sylvester, identified as b_anuta247, also shared a post on her Instagram story on Tuesday containing a prayer for those who are grieving.

The post partly read, “Dear God, we pray for those who are grieving today; please wrap your loving arms around them and bring them comfort in their sorrow.

Nigerians on social media have also been expressing their condolences and sharing messages of sympathy for the loss of Mrs. Oromoni, with some reflecting on the journey the family has endured since the tragic death of Sylvester Oromoni Jr. in 2021.

Imoleishere wrote on X.com on Tuesday, “I think her son’s death played a part in her death. May her soul rest in peace.”

MARTINSJOSEPH1 wrote, “This is sad mehn, may God rest her soul.”

obisam20 also wrote on X.com, “Very sad. The love of a mother is so strong. She couldn’t get over the shock of the demise of her son. May her soul rest in peace.”

The Oromoni family has been at the centre of public attention since the tragic death of Sylvester Jr. in 2021, which ignited widespread outrage.

Photo Credit: Facebook| Ughelli North Local Government council, Instagram| b_anuta247, amandaoromoni

PUNCH

39-year-old female banker who allegedly stole ₦116m from customers’ accounts remanded at koyi prison

The Police at Lion Building have arrested Mrs Sadiku Ruth Olubunmi, a 39-year-old banker with Seedwest Limited on Balogun Street, Lagos Island, over allegations of stealing ₦116 million from customers’ accounts.

Olubunmi is accused of forging documents, including a letterhead of Towade Global Business Ventures, purportedly bearing the signature of Mrs Adelakun Funke, to fraudulently withdraw ₦15 million.

Police also alleged that she diverted ₦101 million received from various customers for deposits into her personal use.

The alleged fraud came to light after customers lodged complaints with the management of Seedwest Limited, prompting an internal review and a report to the police.

Following an investigation by Inspector Pius Ndegbe and his team, Olubunmi was arraigned before the Igbosere Magistrate’s Court sitting at the Tinubu Magistrate’s Court, Lagos Island.

She faces a four-count charge of obtaining money under false pretence, forgery, and stealing.

According to the prosecution led by Inspector Ejime Okete, the offences were committed between June and August 2024 during her tenure as a cashier responsible for receiving and depositing customers’ funds.

The charges contravene Sections 411, 365, 314, and 287 of the Lagos State Criminal Law, 2015.

Olubunmi pleaded not guilty to the charges.

Chief Magistrate B.A. Sonuga granted her bail in the sum of ₦2 million, with two sureties in like sum, and adjourned the case to 22 January 2024 for mention.

Until her bail conditions are met, she is to be held at the Ikoyi Correctional Facility.

Appeal Court to Anti-corruption agencies—Go after bigger fish, not yahoo boys

The Presiding Justice of the Court of Appeal, Sokoto Division, Hon. Justice Muhammad Lawal Shuaibu, on Monday, told anti-corruption agents in Nigeria to focus on larger figures involved in corrupt practices, rather than targeting “Yahoo boys.”

Justice Shuaibu made this call during the opening of the North West Zonal Attorney General’s Anti-Corruption Forum (AGAF), organized by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), with support from the Rule of Law and Anti-Corruption (RoLAC), the International Institute for Democracy and Electoral Assistance (IDEA), and funding from the European Union (EU).

His Lordship emphasized that targeting high-profile individuals was crucial for achieving a stable society. “At the NJI, I criticized the EFCC Chairman, though we disagreed. Since 2007, when I stopped handling corruption trials, I can’t recall a significant case. Now the focus is on Yahoo boys. I implore all of you to target the bigger fish. Only then will we have a stable society,” he said.

Justice Shuaibu shared his frustration over the continuing presence of corrupt individuals in positions of power, citing an example of a serving governor who had previously been incarcerated under his watch. He expressed disbelief at how such individuals returned to power and urged stronger collaboration between state and federal agencies.

He also criticized judges who issue ex parte orders protecting individuals with immunity, preventing anti-corruption agents from carrying out their duties. He stated, “People with immunity can still be invited and investigated.”

Kano State Chief Judge, Justice Dije Aboki, echoed Shuaibu’s sentiments, urging anti-corruption agents to expose corruption at all levels, regardless of the status or influence of the individuals involved.

ICPC Chairman, Dr. Musa Aliyu SAN, assured that the commission was not afraid to pursue high-profile targets, but stressed that improving the justice system through technology would expedite the process.

Aliyu also called for the swift passage of the Whistleblower Act, which he believes would significantly aid in the fight against corruption by protecting whistleblowers and exposing corrupt actors.

On behalf of the European Union (EU) and RoLAC, Mr. Emmanuel Uche highlighted the importance of expanding collaboration with state Attorneys General to strengthen the anti-corruption efforts in Nigeria.

Vanguard

Lawyer who sexually exploited street children to spend eight years in jail

For statutory rape and the sexual exploitation of homeless children whom he paid for sex, Theo Hartzenberg, a South African Attorney-at-law will spend eight years in prison.

A Wynberg regional court in South Africa sentenced him on Monday, 2 December after he pleaded not guilty to over 20 charges.

The court heard testimony from a 21-year-old homeless male victim, who knew Hartzenberg as a lawyer living in a block of flats in Muizenberg, Cape Town. The victim revealed that he and other boys were exploited by Hartzenberg, who paid them for sex.

National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila provided details of the case, explaining that the victim and his friend observed Hartzenberg leaving his flat, heading to the beach, and engaging in sexual acts with other boys behind a wall. The victim was paid R100 for acting as a lookout during the incident.

The following day, the victim, his friend, and another boy were paid R100 each after engaging in sex with Hartzenberg. This exploitation occurred repeatedly, with the victim using the money to buy food and drugs.

The trial also included testimony from a 16-year-old boy, who confirmed the accounts of the previous victims. He described how he initially struggled to engage in sex with Hartzenberg but was still paid. On subsequent occasions, he and other boys engaged in sexual acts with Hartzenberg in exchange for R100.

Hartzenberg attempted to have the charges dropped, but the state opposed his request, arguing that Hartzenberg deliberately exploited vulnerable homeless children. In closing arguments, prosecutor Jacqueline Hefele emphasized that the victims were not contradicting themselves during their testimony and that Hartzenberg was fully aware of their vulnerable circumstances.

Prosecutor Jacqueline Hefele said in closing arguments that Hartzenberg knew the victims were vulnerable street children who were easy to exploit. She emphasised they did not contradict themselves while testifying.

“The accused knew the victims as he admitted to giving them money and food and the witnesses had no reason to fabricate evidence against their benefactor. The court found the evidence against the accused overwhelming.  The court accepted the accused solicited the services of the complainants to provide him with sexual services in return for monetary payments. It found the state proved its case against the accused,” said Ntabazalila.  

Hartzenberg was sentenced to eight years’ direct imprisonment for statutory rape with three years suspended for five years on condition he is not convicted on a similar charge during the period of suspension.  The court also sentenced him to eight years’ direct imprisonment for sexual exploitation of a child and three months’ direct imprisonment for engaging in sexual services with a person older than 18 years, suspended for five years on condition he is not convicted for committing a similar offence during the period of suspension.  

He was declared unfit to possess a firearm. His name will be added to the National Child Protection Register and National Register for Sex Offenders.

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