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How the well-connected work the justice system

An Ekiti State High Court, sitting in Ado Ekiti, has just sentenced a burglar, Jimoh Dele, to 14 years imprisonment. Jimoh Dele was arraigned before the court on two count charges which border on theft by the Nigeria Police.

That Jimoh was sentenced for a crime he committed is not an anomaly but Nigerians are getting more and more bewildered over small thieves being struck with sledge hammers while the big thieves are almost cuddled.

On May 11, 2020, the burglar according to the charge broke into a building around Mobil Petrol Station, Waterworks, in the Ajilosun area of Ado Ekiti, “as well as a shop belonging to Oluwayemisi Adeleye and carted away goods and foodstuffs worth over N234,000. The prosecutor, Kunle Adeyemo, said the offences were contrary to sections 413 and 390(9) of the Criminal Code Law, Cap. C16, Laws of Ekiti State, 2012.

In her statement to the police, the complainant said, “My shop was burgled twice, in May 2020 and June 2021 during which my foodstuffs and soup ingredients, including rice, semovita, wheat and tomato paste, among others, which I was selling, were stolen.”

During interrogation, Jimoh according to the prosecutor confessed to having broken into the complainant’s shop. Consequently, Justice Olalekan Olatawura, found him guilty, and sentenced him to 14 years on count one and seven years on count two.

Not long ago, Joshua Dariye, former governor of Plateau, and Jolly Nyame, former governor of Taraba, who was convicted and sentenced for fraud were granted state pardon.

Nyame was convicted in 2018 and given 14 years imprisonment for diverting public funds, but his sentence was later reduced to 12 years in 2020, following a ruling by the supreme court which affirmed the judgment of the court of appeal on the matter.

Dariye was sentenced to 14 years in prison for N1.126 billion fraud, but his jail term was reduced by four years, following a verdict by the supreme court affirming an earlier judgment by the court of appeal.

On 8 November 2021, an Abuja Federal High Court sentenced a former chairperson of the defunct Pension Reform Task Team (PRTT), Abdulrasheed Maina, to eight years’ imprisonment for money laundering offences involving N2billion pension funds.

Contrarily, China for instance considers the looting of public treasury a crime against humanity and so public officers found culpable are sentenced to death.

Speaking on corruption and the Chinese approach, Law Teacher and Legal Practitioner, Dr. G.A. Onuoha observed: “The other day in China, the former Minister of Justice was sentenced to death for stealing $16m of the people’s money! Such death penalty for stealing public funds should be quickly introduced in Nigeria to checkmate the rapacious grand larceny of our public officials in order to improve our economy and boost the value of the Naira.

“Trillions of Naira belonging to the commonwealth are in private bank accounts while society at large, including the national and State Governments, are virtually bankrupted to the point of borrowing practically to run the Government itself and provide essential services to the people.”

In his article “Thieving frenzy and debt slavery”, published in Premium Times on 23 October, 2022, Wole Olaoye wrote:

“At the rate Nigeria’s patrimony is being pillaged by known and unknown but well-connected rats, the Guinness Book of Records will have to be updated to recognise our frog leap to primacy in thievery. Imagine, the Antwerp diamond heist used to be considered one of the largest robberies in history, in which loose diamonds, gold, silver and other types of jewellery valued at more than $100 million, were stolen.

“Compare that with the 95.4 million litres or 600,000 barrels of crude oil valued at $9.54 billion stolen within seven months in Nigeria. In this matter of large-scale thievery, the Belgians are mere lizards, while their Nigerian counterparts are crocodiles. Forget the nomenclature — technocrat, bureaucrat, meritocrat, democrat, aristocrat, theocrat, meritocrat, gerontocrat — a rat by any other name will still be a rat, especially if he occupies a position of authority.

“The economic rats in our oil sector, free of all legal or monitoring impediments, have bred profusely enough to outnumber the legitimate players. The result is that there is as much oil being stolen as the quantity officially exported. The thieves have collectively stolen too much for the owner not to notice. In other climes, those rats would have been incinerated long ago. But this is our beloved Nigeria where the lines between the good, the bad and the despicable are blurred…”

“What is even more befuddling”, the exasperated Olaoye also pointed out “is the fact that the government would rather borrow money to fund its budget than staunch the revenue leakage!”

Experts differ on CBN’s plan to redesign the naira

“The value of the Naira will never rise or recover until the present crop of leeches sucking our economy dry are dislodged from power and brought to justice to account for the trillions and trillions of Naira/dollars they have stolen from our commonwealth over the years and the concomitant punishment their wickedness has inflicted on the masses of our people.” – Dr. G.A. Onuoha

Experts are divided in their opinions about the move by the Central Bank of Nigeria, CBN, to redesign the Naira.

The CBN Governor, Mr. Godwin Emefiele who at a press briefing in Abuja on Wednesday announced that the exercise would affect the upper denominations— 200, 500, and 1000 notes, further revealed that the plan is a strategy to take control over the circulation and integrity of the naira notes.

However, in a statement made available to Law & Society Magazine, Law Teacher and Legal Practitioner, Dr. G.A. Onuoha said redesigning the naira will not positively impact the economy. The statement titled: “The Proposed Introduction of New naira Notes Not an Antidote to the Inflationary Spiral in Nigeria”, disagreed with the CBN Governor.  Below are excerpts.

Dr. G.A. Onuoha

It was reported recently that the Nigerian Central Bank Governor, Mr. Godwin Emefiele, proposes to introduce new Naira notes of various denominations into circulation. I don’t know the motive for the proposed introduction of the new Naira notes, but if the purpose is to curb inflation in the country, then the CBN Governor and his economic/fiscal advisers should better think again and in fact, go back to the drawing board.

To start with, the colour or size of any currency notes does not, in any way affect or improve the value of the currency in circulation. At best, it gives a cosmetic effect on the appearance of the currency notes but in no way improves or adds to the monetary or economic value of the new brand of the same currency. In monetary terms, the value of any currency appreciates when there is sufficient or surplus quantity or amount of goods and services available in the economy such as to grow the economy by creating jobs for the teaming youth and graduate population in the country. Even the not-so-educated section of such society shares in the resultant economic prosperity of a growing or booming economy.

In such an economy, old industries experience expansion while new ones emerge to compete with the old and create healthy industrial/economic competition in contradistinction to monopolies that stifle the market and create unnecessary scarcity of goods and services to the detriment of the overall health of the economy and the wellbeing of the average citizen. What Nigeria needs to do in order to improve the value of the Naira is to expend some of the Billions of Naira currently being stolen by politicians and/or wasted on useless white elephant projects (such as the billions of dollars expended on the Nigeria-Niger Railway line), on the establishment of mostly high-tech industries and related start-up tech companies that can absolve the overflowing and currently wasting the energy of our youthful population from various tertiary institutions in this country.

Creation of employment in various sectors of the economy and concomitant depopulation of the labour market is one of the ways of creating economic prosperity and strengthening the value of the local currency which can now compete favourably with foreign currencies. It is the strength of the national economy – how many jobs it creates, the number and production capacity of such industries, and their coterminous effect on the prices of goods and services available in the economy that boosts the value of the currency not printing more currency notes or changing the colour of such currency.

In the case of Nigeria, corruption is the greatest problem with respect to the falling value of the Naira. Corruption creates economic morass; one of the multiplier effects is to weaken the value of the Naira since trillions of Naira belonging to the commonwealth are in private bank accounts while society at large, including the national and State Governments, are virtually bankrupted to the point of borrowing practically to run the Government itself and provide essential services to the people.

The Federal Government of Nigeria currently borrows to pay the monthly salaries of its workers! It’s that bad! Why won’t the value of the Naira go down to the dust? Why not, when almost all the funds required to set up industries to employ our teeming youth population are in private, thieving, unpatriotic hands? Why won’t the value of the Naira kiss the dust when on a daily basis, Government officials and their accomplishes are busy stealing and shipping Nigeria’s crude oil abroad to be refined and sold in foreign lands with the profits going into their private pockets while the masses suffer hunger and die of preventable diseases? What wickedness!

The value of the Naira will never rise or recover until the present crop of leeches sucking our economy dry are dislodged from power and brought to justice to account for the trillions and trillions of Naira/dollars they have stolen from our commonwealth over the years and the concomitant punishment their wickedness has inflicted on the masses of our people.

The other day in China, the former Minister of Justice was sentenced to death for stealing $16m of the people’s money! Such death penalty for stealing public funds should be quickly introduced in Nigeria to checkmate the rapacious grand larceny of our public officials in order to improve our economy and boost the value of the Naira.

Likewise, the Chief Executive Officer, Centre for the Promotion of Private Enterprise (CPPE), Dr. Muda Yusuf, described the proposed redesigning of the naira as embarking on a wasteful exercise and a distraction.

His words: “It is difficult to see any compelling value proposition of this currency redesign idea. The cost of such an action would be outrageous and disproportionate compared to the expected benefits advanced by CBN.

“At a time when the government is grappling with the high fiscal deficit, debt crisis, severe revenue crisis, and underfunding of many government projects and programmes, it is most inappropriate to embark on such a profligate exercise.

“Currency as a percentage of money supply is less than seven percent. The exercise, therefore, has no monetary policy significance. Besides, it will come with huge logistics costs and avoidable dislocations to small businesses, most of who are in the informal sector.

“This is one intervention we can do without. There are more urgent issues demanding the attention of CBN.

Similarly, the Executive Director, Technical of Anchor Insurance Limited, Mr. Adebisi Ikuomola, said that he doesn’t see the development having any tangible effect on the economy or strengthening the naira.

“The CBN said that the move is geared towards reducing the volume of naira in circulation, however, I don’t see how that can positively affect the economy or strengthen the naira. The naira is weak in the foreign exchange market and this policy may not turn that around,” Ikuomola said.

In the same vein, analyst and Vice Executive Chairman, HighCap Securities Limited, said: “ I am yet to know CBN’s justification for this action. Several speculations are floating around but the shocking move appears to be an attempt to ascertain the volume of those notes in circulation and probably deal a blow on those dealing illegally in them.

“If my speculation is wrong, merely redesigning a currency is not likely to change its value. The inflation ravaging the Naira now which is diminishing it’s value is as a result of scarcity of forex, goods, and over creation of the currency by CBN.”

The cost of redesigning and printing the new notes will be another dent on CBN’s balance sheet which will also deplete the country’s forex reserve. The exercise may just be a costly motion without movement and a futile rescue mission.”

But, Prof. Uche Uwaleke, President of the Association of Capital Market Academics of Nigeria (ACMAN), holds a different view. “I think the decision to replace some naira denominations with new ones will be positive for the economy in the medium to long term.

“First, although the measure does not amount to demonetization of big currency notes often carried out by Central banks to curb black money and corruption, it will go a long way in ensuring that a lot of naira notes circulating outside the banks are crowded in.

“If it leads to large deposits in banks, it means the banks will have more money to lend which may reduce interest rates. I also think it may have the effect of reducing speculative attacks on the naira in the parallel market. I expect that the Financial Intelligence Unit will be on the watch out for huge deposits as a way of monitoring illegitimate transactions.”

Tunde Jonathan Mark, 13 October 1971 – 21 October 2022

By Chidi Anselm Odinkalu

A little under ten years ago, I was exercised by an overwhelming curiosity to understand what made it possible for the Nigerian military to capture the country and how they managed to accomplish that with such seamless adaptability. A friend and former soldier promised to introduce me to someone whom he trusted would meet my needs, if not exceed them. I looked forward to meeting a retired soldier, disheveled journalist, or frumpy researcher.

When eventually I met him, Tunde Jonathan Mark, who has died of cancer-related causes at 51, did more than meet my expectations; he blew me away. He showed up at well over six feet in height, a hunk of a man, with no paper or pen, just his head and the total recall buried in it. Our conversations ranged over the minutiae of people, places, putsches, and pitchforks; he knew them all and reeled them out with effortless ease. His knowledge of Nigerian military history, politics, and public policy was encyclopaedic. He had one of the brightest minds I ever met.

To ease me into the exploration, Tunde arrived our next conversation with a copy of the Nigerian Defence Academy: A Pioneer Cadet’s Memoir. The author was Paul Osakpamwan Ogbebor, the retired army Colonel who died in 2020, a leading member of the Regular Course One (RC-1) of the Nigerian Defence Academy (NDA). Other members of the RC-1 include former second-in-command to Sani Abacha, General Oladipo Diya; former Chief of Army Staff, General Aliyu Mohammed Gusau; his predecessor in that office, General Salihu Ibrahim; former administrator of the Federal Capital Territory, General Mamman Kontangora; and former Chief of Naval Staff, Admiral Allison Madueke. So began our mutual book club.

Over the next few years, Tunde became my teacher about more than just the Nigerian military. His knowledge about the country and the world was peerless and he was very generous with it. He had this sonorous voice; a clarity of mind that testified to his training as a scientist, with the most clipped accent garnished with a sense of humour that dripped with acid. His vocation, it seemed, was to connect the most implausible dots with evidence that was hidden in plain sight.

Tunde Jonathan Mark was born on 13 October 1971. His father, David, a soldier who would emerge as leader of the NDA’s RC-3, had been commissioned an officer into the Nigerian Civil War which ended at the beginning of the previous year, and had just been promoted a Captain. At birth, his father named him after one of his best mates in the RC-3, Tunde Jonathan Ogbeha, who would also go on to become an army General and politician.

Like his father and his father’s best mate after whom he was named, Tunde had it in him to pursue a career in the military. He had the physical presence and aptitude to excel in the martial vocation. Indeed, he began his education at the Military School in Yaba, Lagos. But he had a humaneness about him that abhorred the casual and chronic brutality that came to characterize the Nigerian military and he detested the caricature of a professional force that it evolved into.

For his High School, Tunde attended Bradfield College, the independent preparatory school in Berkshire, England, where he honed the determined humaneness that would shape his worldview. He trained as a scientist in biochemistry and immunology at King’s College, University of London, and also obtained a graduate degree in Biological Science from the Harvard Graduate School of Arts and Sciences in Cambridge, Massachusetts.

The son of a father whose life is steeped in the idea of power; Tunde preferred to focus on the power of ideas. His training as a scientist equipped him to be quite clinical about issues. He had an unusual ability to cut to the heart of the most intricate of issues with dispassion and clarity irrespective of who was interested. His father’s peregrinations in the Nigerian Army may have given him opportunities that most other young people of his generation did not have and access to knowledge about the military and the world beyond the reach of most but Tunde happily accepted that privilege with a sense of dutiful responsibility.

Tunde did not just school me in the institutional history of the Nigerian Army and its leaders, he also became my copy editor as I proceeded after our tutorials to undertake research that would eventuate in writing about military rule and its obsession with indispensability. His eye for detail was unsettling and he was unsparing in his rigour. If there was any doubt about any particular claim of fact, Tunde would chase down original evidence to authenticate its veracity or disprove its authenticity.

Tunde was a wizard when it came to finding access to the most rarefied documents and sources but even that skill took second place to his utter mastery of the written word. He brooked no split infinitives or passive tone. He was that rare editor who was expert in your subject matter and knew better than you how to manipulate the written word but made you both comfortable and grateful to have him in your corner.

The illness began innocuously enough. It was shortly before the pandemic and a dental complaint had defied the most persistent attention of excellent dentists, who asked for a second opinion. On a routine trip outside the country, Tunde visited dentists who took screens. Further investigation followed and then came the news that there were malignant lesions in the mouth reaching into the jaw. An infinite number of hospital appointments were to be followed, first by surgery and then the ordeal of chemotherapy during the pandemic.

The malignancy was aggressive but so was Tunde’s optimism. He never doubted that he would beat it. Even after the doctors pronounced the malignancy as untreatable, Tunde retained good humour, always keeping focused on the big issues until the end. Not even the added complication of having to deal with the coincidence of chemotherapy and a COVID-19 infection at the same time could dampen either. He beat the COVID.

Tunde could be withering with word economy. As ill-fated United Kingdom Prime Minister, Liz Truss, prepared for her coronation last August as leader of the Tory Party, Tunde delivered his verdict in five words: “what a waste of cardboard….!” In response to a Nigerian governor who took to a weekly habit of releasing singles after losing presidential primaries, he asked: “who is this hirsute gremlin of a man, bawling like a sailor everywhere?” Reconciled like the scientist he was to the reality of his own earthly mortality, his verdict on his own ordeal through prolonged cancer treatment was: “quite an adventure”. Despite the ravages of the illness, he insisted “….I can’t complain.”

As his health waned at the beginning of October, Tunde worried about the impact of the pandemic on healthcare provisioning worldwide and on the absence of a capable health system in Nigeria. His abiding ambition was “to ghostwrite an insider’s account of this administration”, he said, whooping that it would be “super cool!”

As recently as the last week of his earthly sojourn, Tunde looked forward to returning to Nigeria to experience the preparations towards the 2023 elections but, even as he desired it, his condition deteriorated and he had to return to the hospital. In the end, the Grim Reaper could not be assuaged and Providence had better plans.

In a fitting coda to his life, Tunde passed away in the early hours of African Human Rights Day on 21 October 2022, eight days after he turned 51. The release announcing his death was issued under the heading: “Senator David Mark Loses Son to Cancer”. Uncompromisingly proud of his roots and grateful for them, Tunde Mark was more than his son’s father. He was his own man. He is survived by his wife and their young daughter.

A lawyer and a teacher, Odinkalu can be reached at [email protected]

We’re watching you keenly, Augie, JSC tells CJN and NBA President

“The absence of justice is responsible for the chaos we are experiencing.” – Maikyau

Hon Justice Amina Augie, a Justice of the Supreme Court, has called on the Chief Justice of Nigeria, CJN, Hon. Justice Olukayode Ariwoola, to keep his pledge on advancing the cause of the judiciary and justice system in Nigeria.

Justice Augie was the guest speaker at a dinner organised by the Law School Class of 1990, in honour of their classmate and newly elected President of the Nigerian Bar Association, NBA, Mr. Yakubu Maikyau, SAN, in Abuja.

Noting that the CJN and the new NBA President assumed offices at a time the Bar and the Bench are in dire need of pressing reforms, the sixth female justice of the Supreme remarked that both the CJN and the Bar President would be intensely scrutinized in the next two years.

 “This is a very auspicious occasion. Y.C. Maikyau is my son in whom I am well pleased. I have known him right from his days of practice in Sokoto state. For all to be here today, both members of the Bench and the Bar, under one roof, I really consider it a very divine and auspicious occasion.

“It is not coincidental that both the CJN and the NBA President are here today. They both assumed office same period and both of them have two years each to spend in office.

“We want to remind them that we will be watching them in the next two years and that when their tenure expire, in their scorecard, we expect to score them 100%.

“Most times, we look at the people occupying offices and not the institution. We forget that for us to have justice, we really need to institutionalize justice.

“When Justice prevails, you have peace and you will have contentment.

“We don’t want a situation where one is elected and he brings down the office. I want us to look at it today as a new beginning.

“With a cordial working relationship between the Bar and the Bench, I am sure that we are going to have a glorious justice sector that we will all be proud of”, Justice Augie said.

Augie who expressed confidence in Maikyau’s ability to lead the Bar to greater heights described him as a meticulous and hard-working lawyer.

In his remarks, Chief Justice Ariwoola congratulated the Senior Advocate on his election victory, while calling for greater corporation between the Bar and the Bench.

Also, Governor Atiku Bagudu of Kebbi state who was a special guest at the event commended the NBA President for his philanthropic activities in the state.

“Maikyau has been into remarkable philanthropic activities in Kebbi state. He used his contacts in the USA to organise medical outreach where medical practitioners from different parts of the world came to Kebbi and stayed for days.

“Before Covid-19 came, there were nine medical outreaches and about 5000 persons received medical assistance.

“He has been very outstanding in supporting activities that have united our state. We look up to him to deliver the promise of making the Bar a better place”, governor Bagudu added.

 The Bar President in his speech thanked his Law School 1990 Set for organising the event in his honour.

 Similarly, he noted that his emergence as NBA President was as a result of a collective effort of lawyers, insisting it was not a mistake that the CJN was sworn in at the same time he came on board.

“We have a lot to offer to this country. A lot needs to change to reflect who we are as Ministers in the temple of justice. Only justice will ensure a turnaround in any society.

“The absence of justice is responsible for the chaos we are experiencing. We don’t need to see the legal profession as means to make money, no.

“Our primary responsibility is to justice and to ensure justice to the society. The narrative in public is that every judge is corrupt and that we as lawyers can be easily compromised. But you and I know that it is not true.

“That is why the public hardly has confidence in us. I call on each and every one of you to make the sacrifice of speaking up. It is our duty to let the country know that we are not a people that can be compromised.

“Why must we keep quiet in the face of this negative narrative about us? Why are we keeping quiet? One thing we must do quickly is to speak up against anybody or persons that speak about the Nigerian judiciary is corrupt.

“I am certain that if all of you will come together and support us, we will change the narrative. That is what we must do.

“We must come together to speak up in defence of the integrity of the judiciary and also expose any bad egg among us”, the NBA President added.

Some of the VIPs at the occasion are the governor of Jigawa state, Muhammad Badaru Abubakar, two former Attorneys-General of the Federation, Adetokunbo Kayode, SAN, and Mohammed Adoke, SAN, Justices of the Supreme Court, President of the National Industrial Court, Chief Judges of the Federal High Court and the High Court of the Federal Capital Territory, as well as the Director-General of the Nigerian Law School.

Mental health expert calls for actual Integration of mental health in primary health care

  • Says integration of mental health in primary health is present on paper but not in practice

Did you know?

  • That about 10% of the world’s population will have a mental health challenge in their lifetime
  • That about 20% of the world’s children and adolescents have mental disorders or problems
  • That mental and substance use disorders are the leading cause of disability worldwide.

These and more are some of the insights Dr. Itopa Yahya Garba, a mental health expert, and International Certified Addiction Professional shared at an event organised by the Citizens’ Rights Department of the Federal Ministry of Justice, Abuja, to commemorate the 2022 mental health day.

Other key points disclosed by Dr. Garba in his presentation titled “Appreciating mental health and psychological well-being, … and the lack of it!” are:

  • About 800 000 people commit suicide every year
  • War and disasters have a large impact on mental health and psychosocial well-being
  • Mental disorders are important risk factors for other diseases, as well as unintentional and intentional injury
  • Mental and substance use disorders are the leading cause of disability worldwide
  • About 800 000 people commit suicide every year
  • War and disasters have a large impact on mental health and psychosocial well-being
  • Mental disorders are important risk factors for other diseases, as well as unintentional and intentional injury
Dr. Garba and Mr. F.K Bebu, Director, Citizens rights Department

Calling for mental health to be made a global priority, Dr. Itopa Garba further revealed that:

  • About 10% of the world population will have a mental health challenge in their lifetime
  • This gives us over 700million i.e more than 3ce the population of Nigeria
  • Imagine having all these persons be without care and the potential loss to the global economy
  • Every naira spent in providing access to care will save multiples in money lost to reduced productivity

In summary, he noted that:

  • Mental health is necessary to achieve wholistic health
  • Evolution of mental health practice transformed from the era of magic and spiritual attributions to more scientific biologically plausible explanations
  • Management of most mental health challenges multidisciplinary
  • Psychological well-being is necessary to achieve individual and collective aspirations
  • We all have a role to play in demystifying mental health by openly discussing and advocating for persons with such challenges
  • Stigma needs to be reduced to the barest minimum to encourage health-seeking behaviour and recovery

He then concluded that:

  • Mental health and psychological well-being are important for the optimal functioning of individuals within the family and the society
  • Lack of optimal mental health affects all
  • Stigma needs to be broken or reduced to the barest minimum to encourage appropriate health-seeking behaviour
  • Integration of mental health in primary health is present on paper but not in practice
  • Mental health for all is and must be a global priority
  • If in doubt about your symptoms, do not labour in vain- consult a mental health specialist!

Flooding: Corpses go on swimming adventure from Bayelsa graves

By Stephen Azubuike

“Hello bro, how’s the flooding situation in Bayelsa?” I asked my friend and colleague whom I got on a call this afternoon. He replied, confirming that all we hear in the news are real. “The situation is quite bad”, he said. From our interaction, he revealed that he could see the water level rising in his backyard and on the expressway. He believes that the disaster is worse than we see from the reports. I advised him to prepare for the worst by picking up his valuables and getting ready to move. “It’s great to have faith, but you must be ready. Being proactive doesn’t make your faith weak.” The flood may not necessarily fail to reach your abode because of the look on your face”, I told him. He smiled, and agreed. Safety first!  Before he got off the call, he revealed to me that the situation is really pathetic. According to him, the reptiles found swimming in the waters constitute danger to residents. Many lives are being lost. Caskets and corpses are found embarking on a swimming adventure from the graves. He decried the development in Yenegoa where houses were allegedly built illegally along waterways and the owners are currently victims of the flood, and left to rue the repercussion of their indiscretion.

Year 2022 is arguably the worst year since the flooding incident of 2012. From Bayelsa to Anambra, Delta, Rivers, Cross River, and other states in the North like Adamawa, Benue, Kogi, Kwara among others, hundreds have died and millions have been affected as revealed by the National Emergency Management Agency (NEMA). Reports have it that flooding has wreaked havoc in about 27 States out of 36 States in the country.

According to Financial Times report, the floods “were exacerbated by the release of excess water from the Lagdo dam in neighbouring Cameroon.” Other causes are the rise in sea level and tidal surge especially in the coastal areas. 

At the end of the day, the Government must be held responsible. This is notwithstanding that flooding could be safely categorised as a natural disaster. However, a responsible Government at all levels needs to take proactive steps to ensure that certain disasters are reasonably curtailed and where necessary, completely avoided. 

From the reports, Sadiya Umar Farouq, the Federal Minister of Humanitarian Affairs, Disaster Management and Social Development appears to be heaping the blame on States and Local Governments for allegedly failing to take precautionary measures. But information available in the Nigeria’s National Policy on Climate Change, published in 2020 by the Federal Ministry of Environment (Department of Climate Change) already acknowledges lack of adequate infrastructure. In the 2020 Policy document, it was stated that:

Climate change is expected to increase the frequency and intensity of severe weather events. Sea level rise may lead to increasing coastal inundation and flooding of low-lying areas. Unfortunately, many States in Nigeria largely lack the infrastructure necessary to respond adequately to such events.

Obviously, there had been multiple predictions of the imminent flooding going by the above and the warnings issued by other local and international agencies such as the UN and NEMA. In the 2020 Policy document, “flood” appeared 48 times and “flooding” appeared 8 times.

In the National Climate Change Policy for Nigeria (2021-2030), published in 2021, it was acknowledged that the 2019 Climate Risk Index published by the Germanwatch Organization classifies Nigeria as a region of high risk, and indicates that the country is one of the top most vulnerable countries in the world.

Now, the Government has reportedly warned that the already affected States could suffer more flooding in November 2022 and has urged State and Local Governments to prepare adequately by evacuating people living on flood plains to high grounds, and to provide tents and relief materials, freshwater as well as medical supplies in order to deal with possible outbreaks of waterborne diseases.

In the same vein, the Lagos State Government has advised residents of the State, especially those residing on the banks of Ogun River to relocate upland. The Commissioner for the Environment and Water Resources, Tunji Bello, identified specific areas as follows: Ketu, Alapere, Agric, Owode Onirin, Ajegunle, Alagbole, Kara, Isheri Olowora, Araromi Otun Orisha community, Agiliti, Maidan, Mile 12, Odo Ogun, Owode Elede, Agboyi 1, Agboyi II, Agboyi III.

Conclusion

This is not the time to question how to prevent a church rat from eating a poisoned “holy communion” but all hands must be on deck to prevent our people from the catastrophic consequences of flooding and climate change by actively seeking the full implementation of the National Policy on Climate Change.

The article Flooding: Corpses go on swimming adventure from Bayelsa graves was first published 19 October, 2022 on https://stephenlegal.ng/flooding-corpses-go-on-swimming-adventure-from-bayelsa-graves/ by Stephen Azubuike

My humble take on ASUU President’s “we don’t have transport fares to go to work” lamentation

By Sylvester Udemezue

While speaking about matters arising from the suspension of the ASUU strike on Channels Television’s Sunday Politics, on 16 October 2022, the President of the Academic Staff Union of Universities (ASUU), Prof Emmanuel Osodeke, said ‘members of the body may find it difficult to get to their respective schools on Monday as they do not have “money for transport”’. Prof Osodeke said, unlike those days when lecturers lived in staff quarters very close to campuses, most lecturers now live far away from the school campuses as most schools could not provide accommodation for them. See: “We Don’t Have Transport Fares To Go To Work — ASUU President” (17 October 2022: TheNigeriaLawyer)

MY COMMENT:

The current plight of ASUU members is quite appalling, and I think such should immediately attract the sympathy and positive attention of the Federal Government. It is my humble view that FG should not hesitate in paying ASUU members’ 8-month salary arrears. My reasons for believing the lecturers are entitled to be paid their 8-month salary arrears immediately: ‘Ongoing ASUU strike & FCC Jones Onwuasoanya’s “why I support ‘no-work-no-pay’ policy’  (August 24, 2022: CourtRoomMail). Please, I suggest you help me and first go through my commentary (it’s published) before you reply or judge me. Permit me to respectfully recall my conclusion in the cited (published) commentary:

‘ Conclusion: If strike is based on no-work-no-pay, then workers may never embark on strikes. And if workers are not able to embark on strikes, employers of labor might feel free to violate (collective) labour agreements, knowing that workers won’t be able to do anything other than whine and complain which achieves little or nothing. Strike action is accepted all over the world, and endorsed by international legal instruments, to most of which Nigeria is a signatory, as employees’ last resort towards pressing homes their legitimate demands and in getting defaulting employers to keep agreements freely entered into with employees. If Nigerian Governments are interested in salvaging whatever is left of (the carcass of) public university education in Nigeria, they should stay far away from anyone advising them to deny public university lecturers their accrued salaries for the period of the strike. If we agree the strike by public university lecturers in Nigeria, was lawfully called and embarked upon, about six months ago, if we agree, then there’s hardly any legal, moral, or other rational justification for saying suggesting that the governments shouldn’t pay public university lecturers their salaries for the period. By the way, a reasonable bystander might even look at it this way: if the government had fulfilled its own part of the agreements voluntarily SIGNED, SEALED, AND DELIVERED with public university lecturers, there would have been little or no reason at all for public university lecturers to have embarked on this strike in the first place.

Then, now, see the avoidable quagmire/entanglement as can be gleaned from the statement by ASUU President on Channels TV on 16 October 2022. If one interprets ASUU President’s statement in legal terms, one might be forced to reasonably conclude that what the ASUU President is saying is that, perhaps the law shouldn’t be used to compel the doing of that which is practically impossible: — Lex Non Cogit Ad Impossibilia. 

In 2012, Justice Frankel of the British Columbia C Court of Appeal rendered the maxim as follows (in Transportaction Lease Systems Inc. v. Virdi): “the law does not compel a person to do that which he or she cannot possibly perform.” Also rendered as et impotentia excusat legem”, Herbert Broom described this principle as a “fundamental legal principle”, and went ahead to illustrate its application in more details, thus:

“… that … where the law creates a duty or charge and the party is disabled to perform it, without any default in him, and has no remedy over, the law will in general excuse him….”

Therefore, while wholeheartedly thanking ASUU for complying with the order of the Court of Appeal (if you take care of Rule of Law, Rule of Law will take care of you), I sincerely sympathize with ASUU members on their current situation.

Meanwhile, it is my humble opinion that since the Court of Appeal on 7 October 2022, had decided to make an order that was not specifically sought by the Respondents — to order the Lecturers back to work before they’d appeal the NICN order — one wonders why the Court of Appeal didn’t add the following clause, so as to balance the equation:

 “…Provided that the Federal Government must forthwith pay all arrears of salaries of ASUU members who embarked on the strike”.

Theodore Roosevelt once said, “Justice consists not in being neutral between right and wrong, but in finding out the right and upholding it, wherever found, against the wrong. Justice must not be for one side alone; justice must be for both sides”. Truth is, a rush to judgement sometimes makes a fair trial hard to achieve. In my opinion, if the Hon Court of Appeal had added this proviso, then, by now, while ASUU members would taking steps in compliance with the orders of both the NICN and the Court of Appeal, ASUU members would be certain that they would have money for fare to and from classes, and also to eat in order to chase away hunger and starvation — on their own part and on the part of their beloved family members. Should teachers be forced to teach on an empty/a hungry stomach? How practicable is it to be a patriot on an empty stomach? Besides, has anyone considered Robert F. Scott’s “…an empty stomach makes a fierce dog” declaration?  Hence, a hungry Lecturer may find it hard to teach happily and effectively. A hungry man is an angry man. Further, if you compel the horse to the stream, what about forcing it to drink water from the steam?

I respectfully plead with FG to do the needful without any further delay; it’s the reasonable, realistic thing to do, and especially to fastrack a smoother ironing out of all other grey areas in this standoff between ASUU and the Federal Government.

In reaction to ASUU President’s “we don’t have transport fare to go to class”, a certain enlightened, respected friend of mine had this to say on 17 October 2022:

“The strike was an ill wind that blows nobody any good. The only thing that serves justice is where all parties feel the pain… the students who have been at home for 8 months…the lecturer who did not receive salary for the eight months and the federal govt that lost revenue from students’ payment and bad name or blackmail from the  public.”

BELOW WAS MY REPLY TO MY FRIEND’S OPINION:

If you don’t pay Lecturers for the period of the strike, are you saying perhaps that the lecturers should forget (not teach) the topics they ought to have taught during the strike period? Are you saying the Lecturers should forget all the Thesis Supervisions the lecturers would have undertaken during the strike period? Are you saying Lecturers should forget all the exam scripts Lecturers would have marked/assessed during the strike period! You don’t want the Lecturers to be paid but you want the Lecturers to go back to class and teach to cover all the lost or uncovered grounds? How is that the best approach? How is that a reasonable approach? How is that a fair approach? Finally, if you want lecturers (ASUU members) to “feel pain”, please, what pain does the Federal Government feel in the entire scenario, for refusing to keep an agreement it had voluntarily signed? What pain do Nigerian leaders feel for their neglect of good quality education of our children over the years? I ask this question because you want everyone to “feel the pain”! So, there’s nee need for everyone, not just one side, to feel the pain. And if Nigerian leaders have no pain to feel, why would you subject the Lecturers to such pain for embarking on a lawful strike? What then is the difference between a lawful strike and an unlawful strike, if you refuse to pay Lecturers who embarked on a lawful strike? Meanwhile, what harm would FG or the Nigerian leaders suffer if the lecturers were paid their 8-month arrears of salaries? Remember the money is part of our Commonwealth, not a private property of Nigerian leaders! How does withholding the Lecturers’ salaries promote or contribute to promoting peace and amicable reconciliation?”

By way of conclusion, permit me to recall an earlier statement by me:

“…all what we need now reparation of damaged relations and society, not bullying of a section of it, reconstruction of devasted hopes, not persecution of those who dared to raise their voices; repentance and reengineering, not exacerbation and heightening of tension.  We must therefore evolve for our country a conflict resolution method which rejects revenge, aggression, oppressions, victimization and bullying. Our leaders should stop scaring away [some segments of the country] and making them feel not recognized nor welcome. Peace cannot be kept by force; it can only be achieved by understanding…”

◾ SYLVESTER UDEMEZUE, in ” Catholic Cogitation On The Freeze Order Against Bank Accounts Of Alleged #EndSARS Protest Promoters” (November 08, 2020: BarristerNG)

Thank you.

Respectfully,

Sylvester Udemezue (Udems)

(17 October 2022)

FIDA Abuja, Agric Ministry, CSOs celebrate women farmers

In recognition of their contributions towards food security in the country and to inspiring entrepreneurial spirit in women and youths, the International Federation of Women Lawyers, FIDA Nigeria, Abuja, the Federal Ministry of Agriculture, and some Civil Society Organizations, CSOs honoured some exceptional female farmers.

Publicity Secretary of FIDA Abuja, Olosen Victoria Ibiezugbe in a statement disclosed that the invitation was extended to the branch by the Oxford Committee for Famine Relief (OXFAM), an organization that mobilizes people against poverty, inequality, and injustice.

Present at the Award ceremony were the Permanent Secretary of the Federal Ministry of Agriculture, Dr. Ernest A. Umakhihe, directors of the Ministry of Agriculture, the Chairperson of FIDA Abuja Chibuzo M. Nwosu, and Treasurer Wendy Kuku among others.

L-R: The Chairperson of FIDA Abuja Chibuzo M. Nwosu, and Treasurer Wendy Kuku

 According to Ms. Ibiezugbe the program held in partnership with the was aimed at recognizing and celebrating Women Food Producers and their contributions towards food security in the country and inspiring the entrepreneurial spirit of women and youths.

As a critical stakeholder in women’s economic empowerment and agriculture, FIDA Abuja represented by the Chairperson Chibuzo M. Nwosu while introducing the FIDA mandate commended OXFAM and organizers for supporting women and decorating the female farmers, Alias “Ogbonge Women” with the prestigious award.

Ms. Nwosu urged Ministries, Departments, and Agencies of government to make friendly policies to enhance the business of female farmers. While thanking the “Ogbonge” women for their contributions towards nation-building, she further appealed to women representatives in various MDAs to lend their support in a just cause such as the OXFAM initiative as women have the propensity to multiply resources given to them.

CJ FCT signs new practice direction on VAPP Act 2015 and trial of SGBV cases, marks opening of new legal year with pomp

CJ FCT Inspecting the Guard of Honour during the new legal celebrations

By Lillian Okenwa

The war against gender-based violence in Nigeria gained some successes with the signing of a new practice direction on the Violence Against Persons (Prohibitions) VAPP Act 2015 and Trial of Sexual and Gender-Based Violence cases by the Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Husseini Baba Yusuf.

The Chief Judge signed the documents at a ceremony to mark the commencement of the 2022/23 legal year of the court.

Baba Yusuf in addition made known that he has signed the new District Court Rules, while a prepared draft of the District/Magistrate Courts Act, which he described as “first of its kind in the FCT”, had been sent to the National Assembly for legislative approval.

The new practice directive and guidelines on the trial of sexual and gender-based under the Violence Against Persons (Prohibition) Act, 20015 according to Justice Yusuf are a set of carefully thought out practice directives to enable and enhance the workability of the VAPP Act and other related matters.

Hon. Justice Yusuf also disclosed that there has been an increasing number of cases filed at the court, as a result of the growing population in the city in recent times.

L-R: Former CJ, HRM Hon. Justice Lawal Hassan Gumi rtd., Emir of Gumi, Zamafara State, CJ Baba Yusuf, Fmr CJ Ishaq Bello, rtd. and Fmr CJ Hon Justice Salisu Garuba, rtd. currently the Administrator of the National JudiciaI Institute

Again he revealed that as part of efforts at promoting access to justice and speedy disposal of inexpensive, simple and small liquidated claims, the Court, in collaboration with the Presidential Enabling Business Environment Council (PEBEC), the FCT has constituted a Steering Committee, led by Hon. Justice M. A. Anenih, to facilitate the establishment of the Small Claims Court in the Magistracy System.

Paul Harris Ogbole SAN, represented the NBA President, Y.C Maikyau, SAN

“I am delighted to let you know that the Committee had since concluded its assignment and the Small Claims Court, to be manned by fifteen (15) designated Magistrates, shall take off this Legal Year,” he said.

Dr. Alex Izinyon, SAN represented Asiwaju A. S. Awomolo, Chairman BOSAN Abuja

On his part, the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN who was represented by a Director of Civil Litigation, Maimuna Lahmi Shehu pledged the federal government’s commitment to the sector towards promoting the rule of law in the country.

Judges of the FCT judiciary

Present at the event was the President of the Nigerian Bar Association (NBA), Yakubu Maikyau, SAN who saluted the relationship between the bench and the bar while commending the court for reducing delay in litigation and for making records of proceedings available upon judgment.

A cross-section of lawyers at the event

Likewise, the Body of Senior Advocates of Nigeria (BOSAN) which spoke through its President, Asiwaju Adegboyega Awomolo tasked judiciary stakeholders to look into the growing trend in the delay of cases filed while also restating the need for improved welfare for judicial officers in the country.

Chairman of the Unity Bar, NBA Abuja branch, Afam O. Okeke commended the FCT judiciary and also called for some reforms.

“My Lords, Communication about Court sittings is still a challenge. Though some courts have commendably set up WhatsApp Groups as mentioned earlier, where daily cause list is posted and counsel are pre-informed if the Court will not sit. However, not all Courts do this, and sometimes counsel travel long distances to some of the far-flung courts only to hear that the court will not sit. To attain functional justice delivery, communication should be at the fore.

Chief Ogwu James Onoja, SAN greeting Dr. Izinyon

“Mobilizing bailiffs for service and processing other administrative applications with the Court support staff such as CTC and enrolled orders has become increasingly difficult as extortionate fees are charged. In fact, some Courts make us believe that they rely on commercial business centres to produce their documents. We have reports of lack of clerical services for some Courts especially Magistrate Courts, who are left to use commercial business centres leading to delays in processing CTC’s and enrolled orders. This is not only shameful but also an affront to the Judiciary. 

“The Court stamp and seal, though a wonderful initiative to checkmate the abuse and forgery of court processes might need to be reconsidered in certain situations. The insistence that routine letters including simple administrative applications like adjournment letters or applications for CTC must carry the stamp adds to bureaucracy and costs. Since the stamp is to assure third parties and the public of the authenticity of processes issued from the court, perhaps it is not necessary where Counsel writes to the court. The authenticity of a letter written by Counsel should be by affixing his own NBA stamp, not court stamp and seal…”

FIDA Nigeria CVP calls for castration as predatory fathers ravage teenage daughters

African girl child Photo Credit: Premium Times Nigeria

By Lillian Okenwa

39-year-old man, Mfon Jeremiah is currently in custody for allegedly impregnating his 13-year-old biological daughter FIRRO Estate, off Adesan, Mowe, Ogun State.

Mfon Jeremiah informed the police that he was dreaming of having sex with his wife who is separated from him, only to discover that it was his daughter that he had sex with. The 13-year-old is already four months pregnant.

Mfon Jeremiah

In August, 49-year-old Amoda Bola, was arrested by the Ogun State Police Command for impregnating his 14-year-old biological daughter.

He was arrested after his daughter reported at Ode Remo Divisional headquarters, that her father with whom she has been living has been raping her. She equally revealed that her father has also been inviting men to the house to have sex with her, after which he will receive money from the men.

Amoda Bola

In March operatives of the Nigeria Security and Civil Defence Corps, NSCDC, Kebbi state command, arrested and paraded 40-year-old Aminu Bello for allegedly raping his 13-year-old daughter Hafsat.

Another 13-year-old-girl in Akwa Ibom narrated how her father, Godwin Jeremiah, sexually assaulted her repeatedly in their home. She spoke to journalists after Jeremiah, a bricklayer from Ikot Udota was arrested by police officers from the Divisional Headquarters in Eket Local Government Area.

Amidst tears, she accused her father of forcefully having sex with her mostly at night, and almost on a daily basis. She said that her father’s friend, one Mr. Michael, from Ikot Udoma village, also attempted to rape her, but he ran away when she raised alarm.

Godwin Jeremiah

“My father forcefully abused me sexually. This occurs almost on daily basis in spite of my resistance and the pains and injury I sustained from the ungodly act. Initially, I reported the case to my stepmother who confronted my father, but she was beaten and this made her flee from my father’s house.”

Days ago, 3-year-old Siyama died four days after she was brutally raped by 40-year-old Idi of Lungun Alhaji Halliru in Gama, Nassarawa Local Government Area of Kano State.

Truly, Rape has Federal Character in Nigeria, and here is how Dr. Gloria Shajobi-Ibikule of the University of Abuja summed it up. “The phenomenon of rape is all over the country, being reported in all the 36 states including Federal Capital Territory and the 774 Local Government Areas of the nation.”   

Meanwhile, Mrs. Amina Suzanah Agbaje, the Country Vice President, CVP, of the International Federation of Women Lawyers, FIDA Nigeria who had called for castration as a deterrent to rape in an interview with PUNCH Newspapers raised concerns that “there has been increased attention and focus on issues that affect the girl-child, yet sadly this does not, in reality, translate to investments in the wellbeing and actualization of the rights of the girl-child…”

Agbaje who observed that though there are legal frameworks to fight rape in the country, “We have a problem with the implementation of the laws”, added “I agree that castration should be included in our laws as punishment for rape and defilement. I think that will serve as a deterrent.”

The FIDA CVP in a statement to commemorate the International Day of the Girl-Child 2022 with the theme —“Our Time is Now-Our Rights, Our Future”, urged that the girl-child should be encouraged to thrive “as she sets to fulfill her potential and take on the world given the right boost, enabling environment, and the platform to make that change.”

Amina Agbaje’s full statement reads:

In commemorating this year’s UN Day of the Girl-Child, FIDA Nigeria aligns with the assertion of the UN Secretary-General, António Guterres, who posited as follows:

 “We need to uphold the equal rights, voices and influence of girls in our families, communities and nations. Girls can be powerful agents of change, and nothing should keep them from participating fully in all areas of life.”

To be born a girl-child in most parts of the world comes with its own disadvantages and difficulties which are increasingly faced by females in a world that is progressively biased towards the rights and future of the girl-child. This holds true particularly as it relates to the opportunities available to the girl-child, who appears to have the deck stacked against her and fewer chances to excel. One glaring constraint is the lack of access to affordable, inclusive, and qualitative education which is a basic right.

There has been increased attention and focus on issues that affect the girl-child, yet sadly this does not in reality translate to investments in the wellbeing and actualization of the rights of the girl-child, with women continually being victims of discrimination and under-represented in all spheres of the society, further made worse by the gradual increase in humanitarian crises around the world of which the female child is at worst risk.

Some of the released Chibok Girls

In Nigeria alone, the issues of early marriage, sexual and gender-based violence, lack of educational opportunities, lack of funding, child-labor, trafficking, early pregnancy, poverty, illiteracy, harmful gender stereotypes, male gender preferences, insecurity, disabilities, discriminatory laws, ingrained socio-cultural and religious beliefs, economic and political discrimination, are some of the challenges faced by the girl-child, which are further exacerbated by patriarchy, making the girlchild truly “endangered” in all ramifications.

Closely related to the above is the issue of gender inequality and gender discrimination, which are huge social problems facing women all over the world, and a barrier to human development.

Despite the myriad challenges which have lifelong consequences for the girl-child and the society at large, the resourcefulness and resilience of the girl-child is unmatched, proving time and time again that given the right conditions, opportunities, impetus, the girl-child is a change-driver, changing the narrative towards a better world.

It is without doubt a truism that, when you train a woman you train a nation! Rapid Socio-economic development of a society has been observed to depend on the caliber of women and their education. Education being the cornerstone of all development and the starting point for success, bestows the disposition for the acquisition of knowledge, competence and skills. It increases one’s involvement and participation in the political space while contributing effectively to societal growth and governance.

The importance of girl-child education cannot be over-emphasized as every child deserves to be educated irrespective of gender, religion or disability being a basic human right as recognized by the 1948 adoption of the Universal Declaration of Human Rights.

It is time to further galvanize, spur and engage stakeholders all over the world; government officials, policymakers, other change drivers, to deeply amplify our voices toward providing a fertile, conducive and safe environment devoid of discrimination and filled with opportunities for the girl-child to thrive effectively and achieve her fullest potential.

FIDA Nigeria in addition to the above, also calls for the adoption of non -policy measures i.e change in attitude and perception about gender roles, public enlightenment and sensitization on implication and ills of gender stereotyping and discriminatory practices.

Let us join hands to ensure that the girl-child thrives as she sets to fulfill her potential and take on the world given the right boost, enabling environment, and the platform to make that change. Indeed, our time is Now! Our rights, Our Future!

#FIDANigeria #IntlDayoftheGirlChild2022 #OurTimeisNow #OurRightsOurFuture #GirlChild   #womensrightsarehumanrights #genderparity

Truly Yours,

Amina Suzanah Agbaje, Mrs.

Country Vice President/CVP

FIDA Nigeria

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