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1999 constitution is the cornerstone of Nigeria’s problems —Robert Clarke

A Senior Advocate of Nigeria, Robert Clarke, has described the 1999 Constitution as the cornerstone of the nation’s problems.

Clarke stated this on Tuesday while reacting to the truce reached as President Bola Tinubu once again intervened in the Rivers State crisis.

“The 1999 constitution is the cornerstone of our problems. In every area of political line, especially in the area of election, when the constitution restricts those who can come and be voted for, or who can vote for, something must be wrong with that constitution. The problem today is not what the President says,” he said while answering questions on Arise TV’s Good Morning Show.

He faulted the demolition of the state House of Assembly complex by the Governor, Siminalayi Fubara.

“Why should a governor bring a caterpillar and bring down the state House of Assembly? Does that show sanity and you voted for such a person?,” he questioned.

When asked if the President has a constitutional role in solving sub-national matters, the SAN disclosed that Tinubu has no constitutional role in the matter.

“The constitutional role of the President in all these fracas, there should have been none. The only time the constitution allowed the Federal Government to put its mouth was during the First Republic,” he stated.

Clarke called for the amendment of the Constitution.

“All that we are running after today is power and money. Those two elements, where do you get them in Nigeria? They are only from politics.

“If you count down governors who have served in Nigeria since 2000, ask them to come show us their bank account, you will be shocked.

“We have to ask ourselves, is politics in Nigeria only meant for politicians? Why can’t people like us contest an election without joining a political party? Why do we need a political party? This is the problem we have in Nigeria today,” Clarke expressed.

He suggested three areas in the constitution that need amendment. The three areas, according to him are: Local government; election; who can belong to a party and why should a party be the dominant factor in elections in Nigeria.

“Once you do the three areas in Nigeria today, I can assure you, you won’t hear about any court cases. This country will move forward,” he articulated.

The PUNCH reports the political crisis in Rivers state may have ceased as parties reached a truce on Monday night.

This followed about three hours of the talks at the Aso Rock Villa, Abuja, between President Bola Tinubu, Rivers Governor, Mr Siminalayi Fubara; his Deputy, Mrs Ngozi Odu; a former governor of the State, Peter Odili and the immediate past governor now Minister of the Federal Capital Territory, Nyesome Wike, and other stakeholders.

According to an eight-point resolution signed at the end of the meeting on Monday night, the President directed that all lawsuits instituted in the courts by Fubara and his team regarding the political crisis in Rivers State be withdrawn immediately.

The resolution was signed by  Fubara; his deputy, Ordu; Wike;  Ribadu; factional Speaker of the Rivers State Assembly, Martin Amaewhule;  Chairman of the Peoples Democratic Party in Rivers State, Aaron Chukwuemeka, and his All Progressives Congress Chairman, Tony Okocha.

According to the directive, Fubara was mandated to re-present the 2024 appropriation bill he had earlier presented to the four-member state House of Assembly to the full House.

Also, the directive read that all impeachment proceedings initiated by the Rivers Assembly against Fubara should be dropped immediately.

Multiple Investment Scam: Crime Alert boss gets 75 years jail term

Hon. Justice Bayo Taiwo of the Oyo State High Court, sitting in Ibadan, on Thursday, convicted and sentenced the Chief Executive Officer of Crime Alert Security Network, Ibadan, Olaniyan Gbenga Amos, to 75 years imprisonment for multiple investment frauds.

Olaniyan, according to a statement from the Head of Media and Publicity of the Economic and Financial Crimes Commission, Dele Oyewale, on Tuesday, was convicted alongside his firm, Detorrid Heritage Investment Limited on December 14, 2023.

They were said to have been prosecuted on 35 count charges by the Ibadan Zonal Command of the Economic and Financial Crimes Commission, bordering on obtaining by false pretences,  contrary to Section 1(1) (a) and punishable under Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006.

The statement partly read, “Count 35 of the charge read: “That you, Olaniyan Gbenga Amos and Detorrid Heritage Investment Limited, on or about the 20th of February, 2020, at Ibadan, within the jurisdiction of this honourable court, with intent to defraud obtained the sum of  N1,540,000 only from Akinlabi Qasim Dada, when you falsely represented to him that the money was meant for registration and investment with Crime Alert Security Network with a promise of 30% return on investment in six weeks (30 working days), which representation you knew to be false and thereby committed an offence of obtaining money under false pretence contrary to Section 1(1) (a) and punishable under Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006.”

“Another charge read, “That you, Olaniyan Gbenga Amos and Detorrid Heritage Investment Limited on or about 27th of August, 2020, at Ibadan, within the jurisdiction of this honourable court, with intent to defraud, obtained the sum of  N170,000 only from Alhaji Mukaila Odunayo, when you falsely represented to him that the money was meant for registration and investment with Crime Alert Security Network with a promise of 30% return on Investment in six weeks (30 working days), which representations you knew to be false and thereby committed an offence of obtaining money under false pretence contrary to Section 1(1) (a) and punishable under Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006.”

The defendants were said to have pleaded “not guilty” to the charges when they were read to him.

Given his plea, the EFCC counsel, Sanusi Galadanchi, opened the case on February 17, 2022, and called six witnesses, tendered eight exhibits and closed the case on January 24, 2023.

The counsel disclosed further that “At the end of the prosecution’s case, the defendant filed a “no case submission” which was overruled by the court. Consequently, the defendant opened and closed his case by calling three witnesses. Thereafter, Justice Taiwo reserved judgment in the matter till December 14, 2023.

“At the resumption of the trial on Thursday,  December 14,  2023, Justice Taiwo convicted and sentenced the defendant to 15 years imprisonment on each of counts 27, 32, 33, 34, and 35 but discharged and acquitted the defendant on counts 1, 2, 3, 4, 5, 6, 7, 8, 9; 10, 11, 12, 13, 14, 15, 16, 17, 18, 19; 20, 21, 22, 23, 24, 25, 26, 28, 29; 30 and 31 respectively.

“Furthermore, the court ordered that the sentence should run concurrently and the defendant should also restitute the victims.

“Olaniyan has three other ongoing trials before federal and state High Courts in Ibadan, Oyo State.

“The convict’s journey to the correctional centre began when he was arrested and arraigned before Justice Bayo Taiwo on December 14, 2021, by the EFCC.  He swindled several individuals through fake investment ventures that led to the loss of money to the tune of over N1bn by the investors.

“Olaniyan deliberately reneged to meet up with the agreements he made with his investors, by not paying the agreed “Return on Investment” to those who invested in “Crime Alert Security Network”, a security investment programme under the umbrella of his firm.”

The PUNCH

UN appoints Joy Ezeilo as member, independent international fact-finding mission for Sudan

The United Nations has appointed Prof. Joy Ezeilo, SAN, a Nigerian legal expert and Professor of Law, as a member of the Independent International Fact-Finding Mission for Sudan.

President of the UN Human Rights Council, Václav Bálek made the announcement in a statement on Tuesday, 19th December 2023.

Prof. Ezeilo will also work alongside, Mohamed Chande Othman of Tanzania and Mona Rishmawi of Jordan/Switzerland on the mission, with Othman as Chair.

The Human Rights Council established the Fact-Finding Mission in October, through resolution A/HRC/RES/54/2, “to investigate and establish the facts, circumstances and root causes of all alleged human rights violations and abuses and violations of international humanitarian law, including those committed against refugees, and related crimes in the context of the ongoing armed conflict that began on 15 April 2023, between the Sudanese Armed Forces and the Rapid Support Forces, as well as other warring parties.”

Senior Advocate of Nigeria, a distinguished Law Professor, the Emeritus Dean of Law at the University of Nigeria and the former United Nations Special Rapporteur on trafficking in persons, especially women and children (2008-2014), Prof. Ezeilo holds a PhD (Nig.), LLM (London), LL.B. (Nig.), BL, and Diploma in Peace & Conflict Resolution (Uppsala).

She is a versatile legal scholar recognised as a leading authority in constitutional and criminal law, law and development, international human rights, especially on the rights of women and children in Africa.

Joy Ezeilo pioneered teaching women, children, and the law in 1997, including developing a curriculum for the education of human rights, health law and reproductive rights in Nigerian Universities with the support of the MacArthur Foundation, National Universities Commission (NUC), and Faculties of Law.

As a scholar, feminist and activist, Prof. Ezeilo has published extensively in her field of specialisation as well as worked in over 120 countries worldwide, delivering public lectures and organising and participating in conferences and workshops. She also pioneered advocacy and the development of sexual harassment policies for educational institutions and workplaces.

On December 6, 2022, she was announced by the British Broadcasting Corporation (BBC) as one of 100 women of impact in the world. Prof. Ezeilo is the 2019 winner of the National Human Rights Award bestowed by the National Human Rights Commission (NHRC). She was also honoured on 5th March 2022 with the Civil Society Award of Excellence by the United Nations Development Programme (UNDP)/ UN Women in collaboration with the Embassies of the United States of America, Germany, France, EU Delegation and the British High Commission to mark the International Women’s Day Awards Gala 2022. Professor Ezeilo is a recipient of several international and national honours/awards, including the British Chevening Scholarship (1995), John D. and Catherine T. MacArthur Foundation’s Funds for Leadership Development (1998) and being recognised by Newsweek/Daily Beast New York, USA in 2013 as one of the 125 women of impact in the world for her work to end human trafficking.

Ezeilo was conferred with a Nigerian Government national honour of Officer of the Order of Niger (OON) in 2006 by the then President Olusegun Obasanjo (GCFR) in recognition of her outstanding contributions in nation-building, legal scholarship, advocacy, civil society movement and community service.

She also received the Hon. Justice Taslim Elias Award (2019). This is an extended teaching service award for Law Teachers who are Professors and have served over 25 years in the Teaching of Law in Nigerian Universities. She has also a member of the Body of Benchers, Nigeria, since 2019.

Prof Ezeilo has served as a Member of the United Nations Civil Society Advisory Board on Prevention of Sexual Exploitation and Abuse (Feb 2019 to Feb 2021); Board Member, UN Trust Fund for Victims of Trafficking (2013-2016). She is also Council Member Human Rights Institute of the Nigerian Bar Association (NBA) and was recently appointed (April 2023) to the NBA Legal Education Committee. Professor Joy Ezeilo was a former Commissioner for Gender and Social Development, Enugu State, a federal delegate to the National Political Reform Conference, and served as a member of the Governing Council, Nigerian Institute of International Affairs (NIIA) between 2012 to 2015 and also Nigerian Institute of Advanced Legal Studies (NIALS) 2018- 2021.

She is the founder of Women Aid Collective (WACOL) and Tamar SARC that collectively have provided over 60,000 free legal aid to women and children in difficult circumstances, including victims/survivors of sexual and gender-based violence. Prof. Ezeilo, SAN, has an enviable public service record and has served and continues to serve on the board of several national and international organisations.  She is a high Chief in Igboland and fondly called ‘triple Chief’, Ochendo, Ada ejiejemba Ndi Igbo, and Nzebuna chi.  

She was married to the late Dr. Augustine Ezenta Ezeilo, and they have adult children and grandchildren.

Legal issues arising from the re-arrest of embattled Uyo based lawyer, Ebong Ekere, Esq. by officers of the Nigeria Police Force

Can the Police arrest and charge a suspect for Assault occasioning harm where the victim of crime fails or refuses to press criminal charges?

By Festus Osagie, Usiobaifo, KSM

The duty of the Nigerian Police Force in the administration of criminal justice is multifarious. The Police through the machinery of arrest and detention pending trial have ensured, in serious cases, that offenders are kept in safe custody and prevented from escaping the hands of justice, tampering with evidence, influencing investigation, intimidating, harassing, and preventing the victim of the offense from cooperating with police investigation and commiting further offense or offenses during investigation, or as the case maybe.

The recent arrest of Mr. Ebong Ekere by the Police over allegation of brutalizing his wife, Mrs Ekemini Ekere, a Pharmacist, has elicited mixed reactions amongst Nigerian lawyers. At present, there is no clear indication whether the victim in the disturbing video has made a formal report to the police. However, lawyers have taken to social media to express divergent views on whether the Police authority can legally arrest anybody alleged to have committed an offense even where there is no formal complaint from the victim of the alleged crime.

This article attempts to demystify the question of law trailing the viral video and the subsequent re-arrest of the suspect.

The power of the Police to arrest is deducible from the general duties of the police as elegantly embedded in Section 214 (2) (b) of the CFRN 1999 (as altered) & Section 4 of Nigeria Police Act, 2020.

In scrutinizing the exercise of their general duties, Nigerian courts have bluntly refused to fetter the powers of the Police to;

  1. Arrest (without a warrant) anyone they suspect has committed, is committing, or is about to commit an offence, and they reasonably believe that an arrest is necessary,
  2. Execute arrest with warrants issued by a Court of competent jurisdiction,
  3. Arrest any suspect alleged to have disobeyed an Order of Court,
  4. Arrest anyone suspected to have ‘breached the peace’ or is threatening to do so. See Igweokolo v. Akpoyibo & Ors (3),(2017) LPELR-41882(CA).

In unravelling the extant puzzle on whether the Police must await a formal complaint from the victim of the alleged crime before activating the process of arrest against the suspect, Mr. Ebong Ekere, it is necessary to consider the power of the Police outined in (1) above. The determining legal question is whether there is a reasonable and probable cause to arrest the suspect. Once there is a suspicion or probable causes, the requirement of a complaint or petition from the victim becomes otiose. In Olagunju v. State (2014) LPELR – 22097(CA), the court endorsed the right of the Police to arrest anyone even on mere suspicion.

In other words, an arrest can be made once there is a reasonable suspicion that someone has committed an offence. The term “Reasonable suspicion” was defined in Ubochi v. Ekpo (2014) LPELR-23523(CA), to mean the existence of facts or information which would satisfy a reasonable man that the person concerned may have committed the offence or likely to commit the offence.

It also follows that to arrive at the suspicion whether a person has committed an offense, is committing an offense, or is about to commit an offense anywhere in Nigeria, any oral evidence from an eyewitness, direct evidence such as video recording, documentary evidence and/or such other material evidence linking the suspect to the act will suffice to commence the process of an invitation, interrogation, arrest or detention of the suspect by the Police.

The above reasoning is underlined by the fact that Police officers are not robots that must always depend on the prompting of a victim or complainant to discharge their duties explicitly expressed in Section 4 of the Act. Police officers are not zombies that should subject the exercise of their discretion and powers to the whims and caprices of the victim of an alleged crime. Police officers are humans; they have brains and they can see. Their job is to detect and prevent crimes while protecting lives and properties. In cases where they detect and take steps towards redressing such crimes without formal petitions or complaints, they should be commended and encouraged.

As a matter of law, the act contained in the viral video constitutes a criminal allegation which is an offense against the State rather than an individual alone. The law even provides for the punishment of the victim who conceals or refuses to cooperate with the State in the prosecution of the offender. Sections 103 and 105 of the Criminal Law of Edo State provides for the offenses and punishment of perverting justice and compounding felonies.

In my opinion, the arrest of the lawyer alleged to have battered his wife, in the obvious absence of a petition from the said wife is commendable and appropriate. In any case, it is not only a victim that can incident a case before the police. As citizens, we have a responsibility to report to the Police where anyone is suspected to have committed an offense. Akanbi & Ors v. C.O.P Kwara State (2018) LPELR – 44049(CA).

Whilst the cooperation of the victim of crime is indispensable in securing conviction on certain crimes such as alleged in the horrendous video under reference, the opinion, concurrence or immediate cooperation of the victim is not required to at least arrest and interrogate the suspect for the crimes alleged in the viral video making the rounds on social media.

By virtue of the unambiguous provision of Section 172 of the Criminal Law of Edo State, 2022, it is an offense for anyone to assault another. Where the assault occasions harm, the offender commits a felony and is liable to imprisonment of 3 years. However, he may be discharged and acquitted by a Court of competent jurisdiction if he successfully raises the defence of provocation encapsulated in Sections 193 and 194 of the Law, provided that the force used is proportionate to the provocation, the act was not intended, and is not likely to cause death or grievous bodily harm. Section 421 of the said law defines grievous harm as any form of harm that amounts to a maim, endangers life, severely or permanently injures health, or results in permanent disfigurement or injury.

In conclusion, I wish to state that spousal battery is not a legal problem but a social one. Emphasis should be placed on what may have provoked the suspect to act in the manner he did, his usual temperament and the possible defences open to him. The fact that he is a lawyer admitted to the Nigerian Bar does not qualify him as a saint. The suspect is a human that also deserves fair hearing.

The Writer was the President and Founder of the Oasis of Light Magazine. He is the Editor-In-Chief of the Tabloid of the Dream Team, a popular Magazine published by the Nigerian Bar Association, Benin Branch, where he also serves as the Branch’s Publicity Secretary.

WACOL @ 26 Presents Report Card, plus how 3-year-old was abused by mum’s boyfriend and more…

She is just 3-year-old but her mother’s boyfriend in Enugu State had serially defiled her since she was a year old.

But deliverance came in September 2023 when the Women Aid Collective(WACOL), a non-governmental organisatrion founded by Prof. Joy Ezeilo, SAN, Professor of public law and a six-year United Nations Special Rapporteur on Trafficking persons in Africa, received a report about the abuse.

The discovery was made by the child’s grandmother, who reported the incident to WACOL. Abused and exposed terribly, the child in question now beckons on anyone who carries her to suck her vagina as she does a hands demonstration reaching out to touch the area.

Medical reports indicated that her vagina is now wide open for her age, smelling with discharges but WACOL facilitated the arrest of the culprit who is now in Police custody awaiting trial. WACOL also provided medical care and psychosocial support for the victim at WACOL TAMAR SARC.

The necessary legal processes have also been filed by the team of WACOL Pro Bono Lawyers who also commenced action to transfer custody to the child’s grandmother since her biological mother is incompetent and morally debased as she lives in the same room with her boyfriend where the child is being defiled right in her presence and does nothing.

This is just one of the cases highlighted by WACOL during the International Human Rights Day celebrations while making their presentation under the theme: ‘Human Rights Are Women’s Rights, Investing in Legal Aid & Support Services for Victims /Survivors of VAWG: Spotlighting WACOL’s Human Rights and Survivor-Centered Interventions (1997-2023).

The August 2023 case bordered on spousal battery occasioning grievous bodily harm. It was the case of a three-month pregnant woman who was a victim of domestic violence in Abia State. Her husband battered her so terribly that she started bleeding profusely the next day, and even fainted at her workplace, where she worked as a cleaner.

She had to be admitted to a hospital where on regaining consciousness she narrated how she was kicked in the tummy by her husband but she didn’t start until the next day. She eventually had a miscarriage but is currently out of harm’s way as she has reunited with her children and living alone with them. WACOL which supported the entire medical process is still following up on her.  However, the suspect is still at large.

Abduction And Ganged Sexual Assault

Mr. S reported a thirty-eight-year-old, married man with five children, three girls and two boys from Amuri in Nkanu West in Enugu State reported that on the 3April, he sent his daughter to go and have a haircut with her sister. On the way, three men waylaid and abducted her to an unknown destination where they sexually assaulted and abused her. The victim’s family reported the matter to the nearest Police station in Amuri Nkanu West who caught and later released the perpetrators without proper investigation.

WACOL has now stepped in, following up the matter diligently with the Divisional Police Station Amuri for further investigations and re-arrest of these perpetrators.

Emotional And Physical Abuses /Assault

A 27-year-old mother from Nnewi in Anambra State who had suffered multiple abuses from her husband was rescued by WACOL after she dropped a suicide note on her Facebook page. The victim had been married to her husband for over fifteen years with four children. In addition to being subjected to all manner of abuses, she suffers from Vestico Vagina Fistulae (VVF).

She has now received medical support from WACOL in collaboration with Stephanie Linus a Nollywood Actress, and has undergone a successful surgery. Also, her husband has been arrested following a Petition written to the Commissioner of Police Anambra State. WACOL is still following up on the survivor for psycho-social counseling.

After her successful surgery, she wrote and testified as follows: “The joy of being able to control my pee knows no bounds. No more wetting my bed or clothes!”

Threat to life and Spousal Battery

Mrs K reported a case of spousal battery against her husband from Ikwo local government area of Ebonyi state. She is the first wife of one Mr. Sunday who has seven wives and mother of his five children. Describing how she gets battered, she narrated that on this particular occasion, he wielded a machete and gave her severe machete cuts on the hand. WACOL intervened and counseled the woman to remain in her mother’s house where she fled to for her safety. Meanwhile, she is already undergoing medical treatment on WACOL’s intervention and the matter has also been reported to the Police Gender Office in Ebonyi State for further investigations, arrest, and prosecution of the culprit.

In its 26 years of existence, WACOL has made tremendous contributions to Human Rights development in Nigeria and with support from partners — Global Affairs Canada, ActionAid Nigeria, Swedish NGO Foundation Human Rights, United Nations Voluntary Fund for Victims of Torture (UNVFVT), United Nations Children’s Fund (UNICEF), Heinrich Boll Foundation, Open Society Initiative for West Africa (OSIWA), Ford Foundation, EU/ British Council, UNDP, UN Women, and others.

WACOL runs a daily legal unit with six Lawyers and four Pro bono Lawyers who provide free legal aid services to survivors of trafficking, smuggled migrants, as well as other survivors of different forms of violence, especially women and children seeking redress against violation of their rights. Such violations include sexual violence, disinheritance, harmful widowhood practices, harmful traditional practices physical,

emotional and psychological abuses, forceful ejection from home, abandonment, custody of children, and maintenance, among others.

The Dynamics of WACOL Pro bono services include:

  • Client case reporting
  • Counseling and Immediate psycho-social support
  • Referrals for other support services
  • Petition to appropriate authorities or invitation and direct mediation or activation of criminal/civil proceedings
  • Investigation and prosecution or Civil litigation
  • Conviction/Sentencingor Judgements etc
  • Follow Up etc.

WACOL through its Shelter support project provides adequate security, feeding, toiletries, and necessaries for women and girls who are victims and survivors of trafficking or other Sexual and Gender-Based Violence (SGBV) related offences.

Many Victims and survivors have undergone psychosocial support through counselling by WACOL team of Psychologists, who ensure at all times that traumatized victims especially underage victims of trafficking, rape, defilement, and other cases of violence requiring special psychological attention undergo rehabilitation and healing. Financial assistance is also rendered to survivors to revive their means of sustenance after trauma healing.

Forget the media hype, Pope Francis has not okayed blessing of gay marriage

By Fr. Vitalis Anaehobi

Fiducia Supplicans

I have taken time to read through the entire document “fiducia supplicans” Declaration on pastoral meaning of blessing.

As a historian and theologian I make bold to say that this document is a reaction to an error that has been institutionalized in some European Churches. The document is not about blessing of same-sex marriage, it is against those who have started blessing same-sex marriage and have even brought out official rites of blessings for such. In arguing that priests can spontaneously bless those who ask for blessing even those in irregular marriage or same- sex marriage without in any way giving such a liturgical outlook, the document seeks to destroy the position of those who feel that the Church should officially bless same-sex marriage.

The 37th article of the document comes out clearly to sustain the above point saying: “In this regard, there come to mind the following words of the Holy Father, already quoted in part: “Decisions that may be part of pastoral prudence in certain circumstances should not necessarily become a norm. That is to say, it is not appropriate for a Diocese, a Bishops’ Conference, or any other ecclesial structure to constantly and officially establish procedures or rituals for all kinds of matters […]. Canon Law should not and cannot cover everything, nor should the Episcopal Conferences claim to do so with their various documents and protocols, since the life of the Church flows through many channels besides the normative ones.”[24] Thus Pope Francis recalled that “what is part of a practical discernment in particular circumstances cannot be elevated to the level of a rule” because this “would lead to an intolerable casuistry.”

Here one sees the kpim of the document. That is why it classified as a declaration.

I advised those who feel betrayed by the Pope to take time and read the document. They will surely understand the battle.

We should understand that there is no smoke without fire. The Church is actually facing a bigger battle than what is seen. Some of the rich countries of Western Christianity are trying to have doctrinal autonomy from Rome and are dancing to earthly ideologies and mundane anthropology. Holding them together with Rome demands more than sophistry. Pray for the Holy Father. He is fighting. Forget the media hype.

Fr. Vitalis Anaehobi

Mastercard Foundation: Disquiet over discrimination against Nigerian workers

By Adeyinka Ogunleye

Founded in 2006 through the generosity of Mastercard when the payment solutions company went public, the Mastercard Foundation is a Canadian charity organisation and one of the world’s largest foundations.

In concert with other organisations the foundation works to advance education and financial inclusion to enable young people in Africa and indigenous youth in Canada to access dignified and fulfilling work. In Africa it has offices in Kigali, Rwanda; Accra, Ghana; Nairobi, Kenya; Kampala, Uganda; Lagos, Nigeria; Dakar, Senegal and Addis Ababa, Ethiopia.

Between 2018 and 2020, the Foundation launched its Africa Works programme which it aims to use to help 30 million young people (out of which 10 million will be Nigerians) secure dignified and fulfilling work by 2030.

The Foundation also offers scholarships and information made available on its website indicates that since 2012 it has supported nearly 40,000 transformative leaders.

However, since the foundation started operations in Nigeria in 2019 there are indications that Nigerians are being discriminated against in the Nigerian office of the foundation despite its claim for global best practices. Concerning staff recruitment, the Foundation said it “will conduct all recruiting and selection activities in accordance with local legislation in each of the countries in which it operates and align with the global talent philosophies for the Foundation.”

It further said the purpose of the policy, among others, is to:

• Ensure legal compliance and non-discriminatory practices in the recruitment and selection process in line with relevant internal policies and local legislation;

• Ensure the acquisition of competent and suitably qualified candidates to meet current and future organisational employee needs;

• Ensure that recruitment is be based on a genuine business need and Executive Committee (EXCO) approvals must be obtained;

• Ensure that vacancies are filled through a competitive and transparent selection process, using fair and inclusive job-related criteria and selection tools;

• Ensure that selection for all applicants should is made based on the experience, qualifications, competencies, behaviours, skills and values alignment required for successful performance in the role;

• Ensure thay where a vacancy exists, the Foundation will advertise vacancies internally and/or externally as guided by the talent strategy. In exceptional circumstances, there may be a strong business case for making discretionary or confidential hires without advertising the vacancy –

Exco approval will be required. ;

• Ensure that applicants are be offered feedback following any kind of selection process.

• Ensure that no applicant will be discriminated against based on race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, birth or on any other grounds which may be considered subjective;

Documentation from any selection process should be kept for as long as is required by law in the country in which the recruitment is being managed;

• If a member of Employees involved in the recruitment process has a close personal

relationship with an applicant, they must declare this as soon as they are aware of the

individual’s application and recuse themselves of any involvement in the recruitment and selection process;

• Appropriate assessment tools may be used for recommended vacancies. Only certified

practitioners may administer assessments. Appropriate and reasonable adjustments must be made to accommodate applicants with any kind of disability or learning difficulty. The Foundation will endeavour to pro-actively remove any barriers that it reasonably can, in order to enable full participation in the process;

• Thorough and accurate notes should be taken throughout the selection process as evidence, to ensure that the Foundation can justify and verify any decisions made;

• Hiring managers will be held accountable for both their hiring decisions and how they conduct the processes leading up to them;

• Recruiting managers and panel members will be trained, where applicable, on the recruitment procedures and principles to – ensure consistent application, fairness and inclusivity;

• Foundation employees (i.e., those engaged on continuing or fixed term contracts of employment) are eligible to apply for any vacancy without prejudicing their current position provided they have been in their current role for a minimum period of 12 months. Exceptions may be considered where a compelling business case, supported by the Business Head and approved by Chief People & Culture Officer

• All applicants will be subject to background checks which include employment, social media, criminal, identity, and education checks. Additional checks may be conducted where applicable i.e., Credit checks for finance roles, NYSC verification in Nigeria etc.;

• Employees with roles at risk and seeking redeployment will be given priority consideration over other applicants, provided they have the relevant skills and experience required for the role. A complete selection process will apply.

• All recruiting and selection activities will be conducted in accordance with local legislation (applies to all countries where we hire from especially with remote working)”.

As elaborate and painstaking as it’s recruitment policy appears on paper, insiders say the process is not entirely transparent. They cite as example the appointment of Rosy Fynn, the current Country Director for Nigeria.

Investigation reveals that Rosy, then Country Director for Ghana, started overseeing the Nigeria office in acting capacity when the then country director, Mrs Chidinma Lawanson, went on maternity leave in late 2022. Upon return, Mrs Lawanson chose to resign and Rosy continued to act as country director. The role was then advertised and many Nigerians applied but the process was terminated before a shortlist could be drawn. Rosy was confirmed substantive Country Director for Nigeria in May 2023. Prior to that she had never worked in Nigeria and has no country context. It is not known how many Nigerians applied for the Mastercard Foundation top job in Nigeria but a reliable source said each time a position was advertised the Foundation usually receives not less than 200 applications with 99% of them being Nigerians.

Insiders say there is no clear reason why the Foundation did not proceed to shortlist and interview applicants to fill the position of Nigeria Country Director when there are qualified Nigerians who applied for the position.

Nigeria’s Ministry of Budget and Planning allows only a maximum of 30% foreigners to be brought in to occupy positions that should be left for Nigerians except in exceptional cases of special competence not available,  which in this case does not apply.

In addition, insiders say foreigners especially Ghanaians are being brought in to occupy positions that should be left for Nigerians.

•Adeyinka Ogunleye, a public affairs analyst, writes from Lagos

Lawyer raises concern over “confidential” list of shortlisted candidates for Lagos judiciary

On account of a 4 December confidential letter from the Permanent Secretary of the Lagos State Judicial Service Commission (LSJSC), Olubukola O. Salami, notifying NBA branches in Lagos that 14 candidates for the position of lawyer have been shortlisted from an initial roster of nominees, the Publicity Secretary of the Nigerian Law Society (NLS) and former Chairman of the Nigerian Bar Association (NBA) Ikorodu Branch, Bayo Akinlade has expressed concern over the secrecy in the list of judges recommended for appointment into the Lagos bench, by the (LSJSC).

Akinlade who is the Convener, Fight Against Corruption in the Judiciary (FIACIJ), said letters revealing the shortlisted candidates that were sent only to NBA Branch chairmen “for their eyes only” reflect the lack of transparency in the judicial appointment process in Lagos State.

He said: “We must move from this style of appointments that creates doubts in the minds of the general public as to how those shortlisted candidates made the list in the first place.

“Why must comments be made about only 20 odd names when more than 200 candidates applied to be judges in Lagos State? It is even unfortunate that only NBA Branch Chairmen are privileged to see the shortlist and asked to comment on it.”

He declared that it is time to publish the names of all those who apply to be judges of high and lower courts in newspapers for all to see.

“These judges are accountable to the people and not just to a few people in power or positions of influence.

“We urge the heads of courts and the National Judicial Council (NJC) to review their respective rules and remove all and any conditions that undermine the future of our justice delivery system,” he charged.

Industrial Court Justice Ogbuanya delivers 28 judgments in 4 months! Gets NJC Commendation for excellence

For his excellent performance and delivering 28 judgments during the period under evaluation, the Judges’ Performance Evaluation Committee of the National Judicial Council (NJC) under the Chairmanship of HRH, Hon. Justice Bage Muhammad 1 has commended Hon. Justice Nelson Ogbuanya of the National Industrial Court of Nigeria (NICN) for Excellent Performance for the 2nd Quarter 2022 assessment of Return of Cases by Judges of Superior Courts of Record in Nigeria.

A statement obtained from the NICN website notes that one of the core objectives of the Performance Evaluation Committee is to provide adequate mechanisms to enhance the performance of Judicial Officers through continuous monitoring, evaluation accountability and learning with the aim of improving effective and efficient productivity in our Courts.

According to the Commendation Letter dated 28th November 2023 addressed to Hon. Justice N.C.S Ogbuanya, through the Office of the President of the Industrial Court, and signed by Secretary to the Committee for Chairman, Committee on Performance Evaluation of Judicial Officers of Superior Courts of Record, H. S Sa’eed, the Committee noted with admiration that Justice Ogbuanya performed excellently well by delivering 28 judgments during the Quarter, and urged His Lordship to keep the stride up.

Prior to his appointment as a Judge of the NICN in July 2017, Nelson Chukwudi Stevens Ogbuanya was a Legal Practitioner & Consultant on corporate & investment law, taxation, labour & industrial relations practice, IP and ICT-related disputes, and also practiced as an Arbitrator/ ADR Counselor & Trainer.

Justice N.C.S Ogbuanya attended the Nigerian Law School, Lagos (1997) and was called to the Nigerian Bar in February 1998. He holds Bachelor of Laws, LL.B (Hons) of the University of Nigeria Nsukka (1996), Master of Laws (LL.M) from the University of Lagos (2000) and Post-Graduate Diploma in Education (PGDEd.) from the University of Lagos (2008).

He was admitted as a Member of the Chartered Institute of Arbitrators (MCIArb.), London (2000) and the Chartered Institute of Taxation of Nigeria (ACTI) (2011).

He started his legal career from his National Youth Service Corps (NYSC) with the Law Firm of Udo Udoma & Belo-Osagie, and spent 7 years in active private practice and 12 years in combined academics and practice.

In the course of a distinguished practical and academic career, he has been involved in consulting, teaching, researching and handling various aspects of corporate and commercial transactions/litigation, industrial & labour relations practice, as well as Arbitration & ADR matters.

He also worked as a Local Partner/Consultant (Nigeria) with the IFC/ World Bank Project Team in charge of preparing the “DOING BUSINESS REPORT”(2011, 2013,2014 and 2017 ), which benchmarks business regulations (inclusive of labour practices and employment conditions) in 189 economies worldwide. He also served as an Expert Contributor (Nigeria) for World Justice Project, which publishes the Global Rule of Law Index. In 2002, he was enlisted as a Panel Member of the Regional Centre for International Commercial Arbitration, Lagos, and in 2006, 

He was appointed Member, Nigerian Communications Commission (NCC) Panel of Neutrals (Arb.) for Resolution of Inter-Connectivity Dispute among GSM operators in Nigeria, and Resource-Arbitrator, Regional Centre for International Commercial Arbitration, Lagos.

He was also a Senior Lecturer,& Head of Department Corporate Law Practice, Nigerian Law School, and the Author of the Council of Legal Education Approved Textbook- “Essentials of Corporate Law Practice in Nigeria” (2010, 2nd Ed.2014).

While at the Bar, he served as the 1st Vice-Chairman, Nigerian Bar Association (NBA) Lagos Branch (2013-2015), Member NBA-NEC (2014-2016), Member, NBA Constitution Committee that drafted the NBA Constitution 2015 and also served as the American Bar Association Section of International Law (ABA-SIL ) Liaison to the NBA and Country Representative for Nigeria (2013-2017).

He was appointed Notary Public for Nigeria in 2013.

Two Bauchi men earn 35years imprisonment for removing 6-year-old girl’s genitals for ritual

Bauchi State High Court 1 has sentenced two men, Adamu Abdulra’uf and Abdulkadir Wada, to 35 years imprisonment each for causing grievous hurt and attempting to commit culpable homicide on a six-year-old girl.

The court had earlier heard how the defendants, on December 30, 2020, at Jama’are Local Government Area of the state, strangled one Hauwa’u Ya’u. Ya’u, who was six years old at the time, fainted before they used knives to cut off her private part for ritual purposes.

When then 20 year-old Abdul Ra’uf of Gandu Jama’are, was arrested on January 1, 2021, for the act, the Command’s Spokesman, DSP Ahmed Mohammed Wakil, who made the disclosure at the time said:

“On the 30/12/2020 at about 1720 hours one Hafsatu Wada ‘F’ of Zango Jama’are LGA reported at Jama’are police station that her niece Safarau Mohammed (not real name) ‘f‘ aged 6yrs of the same address was found crying in a pool of blood,” said Wakil.

“Upon receipt of the complaint, patrol team led by the DPO Jama’are Division visited the scene and the victim was rushed to General Hospital Jama’are where the Doctor confirmed that her private part has been cut off with a sharp object. The victim was immediately referred to FMC Azare for more medical response.

“During investigation, One Adamu Abdul Ra’uf aged 20yrs of Gandu Jama’are was arrested. On interrogation, the suspect freely confessed to have conspired with one Abdulkadir wada haladu of Chikamidari area of jama’are to perpetrate the crime.”

Finally, Justice Rabi Umar convicted and sentenced Abdulra’uf and Wada, to 35 years each after they pleaded guilty to the crime.

During trial, the prosecution called four witnesses including the father of the victim, while the defendants testified for themselves but did not call witnesses.

Prosecutor Gumba tendered the two knives used in committing the crime, a bottle containing the private part of the girl and a powder.

TIPS