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Election notes from Donald Trump’s America, By Dakuku Peterside

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On 3 November 2020, Americans will go to the polls. The two leading contenders for the office of the President are the incumbent President, Donald J. Trump, and the former Vice President, Joseph R. Biden Jr. Also on the ballot would be 435 seats in the US House of Representatives, 35 of the 100 seats of the US Senate, 11 governorship seats and numerous other state and local elections. 

Even with the perception that the American form of democracy and electoral process is not perfect, yet there are some lessons Nigerians can learn from the ongoing political process in the United States. These are lessons that if adopted, will improve our elections, impact positively on the entire political process and ultimately lead to good governance and development.

Politics of ideology reigns supreme in the US. A candidate’s dominant ideology must be in line with the core overarching party ideology. In most cases, there is clarity regarding a candidate’s stance on significant issues in line with party ideology. 

A Republican, for example, is likely to stand for lower taxes, free market capitalism, deregulation of corporations and restrictions on labour unions. 

On the other hand, the Democrats support social equality, higher taxes for big business and tax break for families, protection of the environment, egalitarianism, the strengthening of the social safety net, voting rights and minority rights, LGTB rights, multiculturalism and religious secularism.

This clear ideology makes it easier for the voter to choose which party that better represents his or her worldview and values and which candidates would likely protect his or her interest. In many primary contests in the US, the candidates strive to demonstrate to the party faithful that he or she most epitomises the party’s principles and ideology. For example, when a contestant served as a legislator, his voting records in the legislature are used as a parameter to judge if he genuinely reflects the ideals of the political party. Although little deviations in some ideological issues may be allowed, most candidates must be in tune with the core ideological stance of the party. 

The politics of ideology is lacking in Nigeria. Majority of the voters cannot place where a candidate’s political ideology lies neither do they know where those seeking their votes stand on issues that are critical to them. The cacophony of mudslinging, abuses, arms flexing, name-calling, fake news and misinformation and violence drowns any serious ideological discourse. 

This issue breeds politics of opportunism and makes it easier for Nigerian politicians to decamp from one party to another without any compunction or quibble and also makes it difficult for the led to hold the rulers accountable to campaign positions and promises. Instead of fundamental ideologies, parties and candidates play politics of religiosity, ethnicity, and the latest is ‘stomach infrastructure’, a veiled term for money politics. 

The first two concepts (religion and ethnicity) often determine who runs for office, with whom and unfortunately the outcome of the elections. Parochialism and mediocrity thrive when meritocracy and moralities are sacrificed on the altar of political bigotry. 

Campaign financing is another area Nigeria needs to learn from the US, especially in the areas of individual contributions, disclosure rules and the use of money raised from political campaigns. Every US citizen can donate up to $2,800 per election. This donation can go to a single candidate, multiple candidates or a political party. This type of gift can be significant to a candidate because it constitutes the bulk of campaign funds available to him or her. 

For instance, in February 2020, Senator Bennie Sanders, who was running for the Democratic ticket for the office of the President, raised a whopping $46.5m from 2.2 million individual donors. Individual donations to political campaigns aside from connecting the candidate to the electorate, also makes the leader directly accountable to the led, most of whom may have funded his or her ascent to political office. 

This vital ingredient is conspicuously lacking in Nigerian elections. It is pertinent to posit that in Nigeria, people do not pay party dues nor make meaningful contributions to the party and candidates of the party. The general attitude is that the party and candidate should provide money to members of the party who sometimes make outrageous demands from the party or candidate for election. Some party members see party politics as an enterprise, and after elections boast of huge money, they made from the polls. Most politicians across all parties in Nigeria think of what they will profit from the party and not what they will do for their parties. Many people see the party as a ‘benefit institution’. 

Although not making an excuse for candidates, many resort to moneybags, godfathers, government coffers or special interests to fund their elections often at a high cost to governance and their integrity. The people lose the moral right to ask for accountability and probity when candidates are already indebted to their sponsors and are accountable to them. 

In the US, full and transparent disclosure to the electoral commission on funds raised, how much spent and the remaining balance is expected. Candidates fall foul of the law when they use individual donations raised from electioneering campaigns for personal purposes. Candidates must return leftover funds after the election, or carry it over to another contest. This practice engenders confidence in the donors, reassures them and strengthens the entire campaign financing process. 

Nigeria is different in this regard. There are usually accusations and recriminations over the application of campaign funds no matter how the funds are raised. INEC is already saddled with huge responsibility and may not be in a position to monitor election campaign financing. The Electoral Offences Commission Bill is the instrument that should cater for this electoral maleficence, but, sadly, it is yet to see the light of the day. Even though the country has other laws guiding campaign financing, it is virtually unheard of in Nigeria that someone is criminally prosecuted and convicted on account of running foul of campaign finance laws. 

Even with its fair share of contested and violent elections at some point in the past, one significant attribute in US elections is transparency. It creates the ease with which defeated candidates concede electionvictory to their opponents. In most cases, whenever in the course of tallying of votes a candidate discovers that his opponent has opened an insurmountable lead, he or she usually eats the proverbial humble pie and calls the opponent to congratulate the victor. It brings the contest to an end. 

This act is significant and consequential. Aside from reducing tension and limiting or eliminating post-electoral violence, it also helps to enhance post-election unity and togetherness as it brings relief to the victor and accelerates healing for the vanquished. It also helps in development as the victor would focus on governance from the date of winning the election and not be bogged down with needless protests and litigation. 

In Nigeria, there is no transparency in the electoral process, and that explains why those who lose elections seldom concede. The electoral flaws give room for discrepancies and challenges to the outcome of the result. Unfortunately, even before elections hold, perception of electoral malpractice is high, and an attitude of a win at all cost pervades the electoral landscape.  

It is also sad to note that the judiciary now is included in electoral strategy. Even before the election holds, parties and candidates have started collecting evidence for challenging the result of the election in court. It is, alleged that candidates in power seek the favour of the judges to compromise them before elections. Little wonder some people are worried about the quality of some of the election judgements in election tribunals and courts in Nigeria.   

Instituting court cases by those who lose elections is the rule rather than the exception in Nigeria. In some cases (before the Electoral Law was amended to limit the litigation period) these litigations last well into the last days of the tenure of the winner. 

It is undeniable that the presidency of Donald Trump has altered American politics and affected the way many people around the world perceive not just the President but the country as a whole. Whether the perception is positive or negative probably depends on which part of the world you find yourself in and what forms your core values and beliefs. 

While Trump is very unpopular in much of Western Europe and Asia, he is relatively popular in Nigeria even though he reportedly called Africa ‘shithole’, banned immigration of partners of Nigerians living in the US from Nigeria and is considered as a racist by many black Americans. Many Nigerians support Trump because of his perceived restoration of ‘godly’ values to America, like his more conservative stance on gay and transgender issues in contrast with President Barrack Obama, who irked most Africans by trying to force them to accept gays and lesbians and to protect the rights of all LGBT people.

The upcoming American elections are already showing the ‘Trump Effect.’ General elections in the US have always been a brutal affair. The major political parties often deploy billions of dollars, coupled with aggressive campaigning and massive rallies. There is also mischaracterization of political opponents and utilization of all manner of propaganda and negative advertising to overcome adversaries. 

However, under Trump, the President has been accused of stoking the embers of violence that often leads to death and destruction for political gain. President Trump may have also put the integrity of the entire election process in question by railing against the use of Mail-in Ballots necessitated by the COVID-19 Pandemic, claiming that it would lead to massive fraud. He has also declined to commit himself to accept the election results in the event he loses on November 3.

Any comparison between US elections and Nigerian elections must be in context. Most of the issues are both social and cultural vis-a-vis the political culture and history of these countries. America’s democracy is over 400 years, while our mundane democratic experiment was just barely 21 years ago. But the fact remains that sound democratic tenets link to sustainable development in the US, and if Nigeria adopts same, may go in the same direction. 

Nigerians seem enchanted with the US presidential elections, and this year’s election has captured our imagination even more. America is split in the middle – dogged conservatism versus rapacious liberalism. With all its imperfections, the US presidential election this year seems exciting. Relax, tighten your seatbelt, “watch, look and learn”.

Dr Dakuku Peterside ( DAP) is a leadership & organisational development consultant, corporate political strategist and newspaper columnist.

BLASPHEMY: ‘DON’T EXECUTE AMINU,’ NBA WARNS GANDUJE

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‘WE SHALL KEENLY MONITOR THE PROCESS’

BY EMEKA NWADIOKE

The Nigerian Bar Association (NBA) has asked the Governor of Kano State, Dr. Abdullahi Umar Ganduje not to sign the warrant for the execution of convicted musician YAHAYA SHARIF-AMINU until he has exhausted his constitutional right of appeal against the judgement of the sharia court.

In a statement by its Publicity Secretary, Dr.  Rapuluchukwu Ernest Nduka, the NBA said: Said NBA: “It is expected that the execution of the judgement and the signing of the warrant of execution will be stayed in order to allow Yahaya exhaust his constitutional right of Appeal.”

The lawyers’ body noted that an appeal has now been filed against the judgement, saying: “The Nigerian Bar Association has now been informed by Kola Alapini Esq, that an Appeal has now been filed on behalf of Yahaya,  challenging the sentence of the Upper Sharia Court. The said Appeal No.  K/37CA/2020 was filed on the 3rd day of September 2020 and duly served on the Attorney General of Kano State. It has been confirmed that the Attorney General of Kano State has since received the said notice of appeal.”

The full text of the statement is below:

RE: NBA WADES INTO THE REPORTED CASE OF REFUSAL BY THE FEDERAL CORRECTIONAL CENTRE TO ALLOW LAWYERS ACCESS TO YAHAYA SHARIF-AMINU, WHO WAS SENTENCED TO DEATH BY THE KANO STATE UPPER SHARIA COURT

It will be recalled that on the 2nd day of September 2020, the Nigerian Bar Association went on a fact-finding mission to the Federal Correctional Centre Kano, where the fact-finding team confirmed that Yahaya Sharif-Aminu had been denied access to lawyers and thus was unable to take steps in appealing the death sentence on him, by an Upper Sharia Court.The Nigerian Bar Association has now been informed by Kola Alapini Esq, that an Appeal has now been filed on behalf of Yahaya,  challenging the sentence of the Upper Sharia Court. The said Appeal No.  K/37CA/2020 was filed on the 3rd day of September 2020 and duly served on the Attorney General of Kano State. It has been confirmed that the Attorney General of Kano State has since received the said notice of appeal.It will also be recalled that the Governor of Kano State in a press statement had stated that he will be constrained to sign the warrant of execution in respect of the judgement of the Upper Sharia Court if there is no appeal against the said judgement.

It is expected that the execution of the judgement and the signing of the warrant of execution will be stayed in order to allow Yahaya exhaust his constitutional right of Appeal.The Nigerian Bar Association reiterates that every accused person is entitled to be given the requisite opportunity to exercise his constitutional right of appeal and his right to be represented by a lawyer of his choice.The Nigerian Bar Association shall keenly monitor the process.

 Dr.  Rapuluchukwu Ernest Nduka

National Publicity Secretary, Nigerian Bar Association

SUPREME COURT UNCOVERS COUNSEL WHO GOT SNEAKY WITH THE RECORD OF APPEAL

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When a court (trial court or lower Court) concludes the trial of a case and delivers its judgment, the party aggrieved with the judgment usually reserves the right to appeal to a higher court (appellate court) for review. The appeal procedure begins with the filing of a Notice of Appeal (or in appropriate cases, an application seeking the leave of court to appeal would precede the Notice of Appeal).

Subsequent to the filing of a Notice of Appeal, the appeal section of the lower court would invite parties or their respective counsel (legal representative) for what is known as settlement of record. This record refers to a record of all that transpired at the lower court. It includes all the court processes (court papers) filed by the parties, exhibits admitted by the court and record of proceedings that will enable the appellate court review the judgment of the lower court. The purpose of the meeting for the settlement of record is to enable parties (through their counsel) to identify and determine the particular court processes that should be compiled into what is known as Record of Appeal.

The compilation involves making photocopies of the relevant court processes and bound in a booklet. Thereafter, the compiled Record of Appeal would be sent to the registry of the appellate court (transmission). Once the Record of Appeal is transmitted, it is said that the appeal has been entered. From the date of the transmission, only the appellate court has the powers to hear and determine any subsequent applications (motions), deal with any other post-judgment proceedings and ultimately, the appeal itself.

It is unusual for any party or counsel to tamper with the Record of Appeal in any way. However, in the recent case of Gaba v. Tsoida [2020] 5 NWLR (Pt. 1716) 1 counsel got sneaky but the Supreme Court would have none of that. Kekere-Ekun, JSC observed:

Before I conclude, I must observe that the Record of Appeal was very untidy and difficult to work with. Almost every page is mutilated with markings, underlining, the circling of numerous words and phrases as well as personal notes made in the margins by counsel. The compiled record is meant to be a help and not a hindrance to the court. An appellate court should be afforded the opportunity to have a completely unbiased appraisal of the relevant proceedings and processes of the lower court. It seems to me a surreptitious way of trying to sway the court to the personal opinion of counsel who prepared the record or who made the processes available for compilation. When the record is being settled, efforts should be made to ensure that the record compiled and transmitted to the court is clean and devoid of any marks, interlineations, etc.

From the above, the Supreme Court expressed the difficulty it experienced working with the Record of Appeal in that case. However, this did not stop the Court from considering the appeal on the merit, and finding that the appeal lacked merit. (The appeal was against the Judgment of the Court of Appeal affirming the decision in favour of the Respondent regarding ownership of a parcel of land).

Thus, what the Supreme Court did in the instant case was to ignore the mutilation of the Record of Appeal which manifested in the form of “markings, underlining, the circling of numerous words and phrases as well as personal notes made in the margins…” The markings, circling of words and phrases and addition of personal marginal notes appear to be the worst of them all. Lawyers are familiar with underlining words (especially quoted words) for emphasis when drafting their written addresses or brief of arguments. However, this underlining is only permitted to be done electronically before printing in hardcopy and filing. No one is permitted to tamper with the court processes once filed and forming part of the Court’s record.

We must note that when the Supreme Court made the point against swaying the mind of the court, emphasis must be on attempt to do so surreptitiously and by acts such as mutilating the Record. This is because, ordinarily, attempting to sway the mind of the court is the hallmark of advocacy. By this, counsel canvasses legal arguments in persuading the court to accept the reasoning advanced in favour of a particular party. This is acceptable.

Counsel must be careful in ensuring that the record is not tampered with at any time. This is because it has been held that “If shown that the Record of Appeal is indeed incomplete, distorted or mutilated, the appellate court cannot entertain the appeal.” See Odu v. Jarigbe [2017] 4 NWLR (Pt. 1556) 445 at 462. This case of Odu v. Jarigbe is also an authority for the position that the authenticity of the record of appeal can be challenged.

Perhaps, it is worthy of mention that the Supreme Court was not specific in demonstrating which of the counsel in the case was responsible for the mutilation of the Record. The apex Court made reference to “Counsel who prepared the record or who made the processes available for compilation.” Usually, this information would be contained on the face of the record. But on a safe guess, this might appear to be the Appellant’s Counsel. This is because in practice, a respondent’s counsel (being the successful party at the lower court) usually does not participate in the settlement of record. Aside avoiding the attendant cost of compilation (and the extortion that goes with it), (s)he would leave the appellant to go through the rigours of compiling and transmitting the record alone. Upon being served with a bundle of the record, the respondent’s counsel will study it to determine if there is need to compile and transmit additional record. If that is the case, (s)he will proceed accordingly to process the additional record.

In conclusion, the Supreme Court has given a clear directive that “When the record is being settled, efforts should be made to ensure that the record compiled and transmitted to the court is clean and devoid of any marks, interlineations, etc.” Counsel must endeavour to comply.

stephenlegal

Southern Kaduna Crisis Claims 700, Displaces 100,000 Persons – SOKAPU

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The Southern Kaduna People’s Union (SOKAPU) has called on the authorities to secure and rebuild their communities affected by the series of attacks on their people, saying over 700 natives were killed and 100,000 displaced.

National Youth Leader of SOKAPU, Comrade John Isaac, said the southern region of Kaduna, comprising of Jema’a, Jaba, Kagarko, Kachia, Sanga, Kaura, Kauru, Zangon Kataf, Lere, Kajuru and Chickun LGAs, had been ravaged by criminal activities of armed herdsmen for years.

According to him, approximately 900,000 people had adversely been affected with about 100,000 Internally Displaced Persons (IDPs), spread in about 10 camps,   mostly in religious homes, with hundreds of millions worth of farm produce destroyed.

“Many of the   affected residents now live in IDP camps, with host families away from their original homes and in host communities.

 Many host communities are severely stressed, having to cater for the large influx of displaced people from places directly hit by the attacks.

“These attacks have also resulted in extensive damage to social, economic, health and market infrastructure. Numerous homes have been destroyed.  Many schools, hospitals, markets and places of worship have been destroyed or closed.  Many   communities have been completely abandoned, especially in parts of Chickun, Kajuru and Zangon-Kataf LGAs,” he told journalists.

The youth leader explained that while there was still a semblance of economic and agricultural activities in some parts of the affected communities, the economy of most of such communities were at the verge of collapse as farmers, for the fear of attacks, could no longer go to their farms.

While the SOKAPU youth wing commended the Peace Initiative of the Kaduna State Government under the leadership of Governor Nasir el-Rufai following the ‘House of Kaduna Family’’ peace initiative, it said achieving peace and tranquility in the region will require   bringing    an end to the killings, culprits  identified and brought to book and effectively    handling the humanitarian crisis and implementation of an effective reintegration and rebuilding programme as well as the effective reconstruction of social and physical infrastructures across the affected communities.

It solicited the   provision of adequate security and conducive atmosphere for agricultural activities to thrive.

“SOKAPU youth wing is against this backdrop urging both the Federal and State Governments and their agencies, the National Emergency Management Agency (NEMA), the Kaduna State Emergency Management Agency (SEMA), Kaduna State Ministry in charge of riots, damages, rehabilitations, and resettlements to, as a matter of urgency act fast in rebuilding ravaged communities and reintegrating families and persons displaced by this senseless acts of terror,” the group said.

Miyetti Allah Bans Children from Cattle Grazing

With a view to stopping destruction of farmland and agricultural produce in Southern Kaduna, the Miyetti Allah Cattle Breeders Association (MACBAN) has called for a total ban on children grazing cattle in the state.

The association said the step was taken to prevent further destruction of farm produce, which on several occasions, had resulted in crisis.

The group also agreed to revert to  “our olden days relationship with our neighbouring communities in the area.”


In a communiqué issued at the end of its meeting held at the weekend in Kafanchan, MACBAN pledged full support to Operation Safe Haven’s (OPSH) efforts to restore peace and security in Southern Kaduna area.

It also called for the establishment of joint community peace and security committees at all levels to monitor and maintain peace among neighbouring communities.

The communiqué signed by the Kaduna State chapter Chairman, Alhaji Usman Haruna Tugga, State Zone III Chairman, Alhaji Abdulhamid Musa, Director, Media and Publicity, Ibrahim Bayero Zango and the state Zone III Secretary, Alhaji Shuaibu Mogauri Usman, stated that the meeting was attended by Ardos and others stakeholders from all the eight local government areas of Southern Kaduna Senatorial zone and beyond,

“We strongly commend the efforts of Commanders of Operation Safe Haven and all his officers and men for their tireless efforts toward the restoration of peace in southern Kaduna. We have never seen this kind of efforts from the military commander before.

“It was also attended by the Security Agencies, Kaduna State Government Officials. Distinguished Senator Danjuma La’ah and Chief Anthony Hassan (Dokajen Jaba) also graced the occasion,” the communiqué added.

Part of the communiqué read: “The summit, after all the deliberations, reached the following resolutions: That we have agreed to reverse to our olden days’ relationship with our neighbouring communities in the area.
“We are appealing to farmers to allow our cattle graze on recognized cattle routes “We have agreed to bury our differences and be our brothers’ keepers henceforth in order to foster development in the area.

“We call on our people to stop allowing the underage children from rearing cattle in order to prevent further destructions of farm produce of the farmers within the area and beyond.

“We also advised our people to be vigilant and hand over suspected criminals to security agencies that may be found within our communities.

“The summit strongly commended the efforts of Commanders of operation safe haven and all his officers and men for their tireless efforts toward the restoration of peace in southern Kaduna we have never seen this kind of efforts from military commander before.

“Based on this reason we pledged our total support to the security outfits and all its efforts to restore total peace and security in southern Kaduna.

“We also wish to commend all the security agencies working tirelessly to restore peace to southern Kaduna. We appeal to the federal and Kaduna State Government to assist those who have lost their cattle’s and other sources of livelihood in other to alleviate the hardship that the victims are facing.

“We call for the establishment of joint community peace and security at all levels to monitor and maintain peace among neighbouring communities”.

JIBWIS Backs El- Rufai Peace EffortsMeanwhile, a Muslim group, Jama’atul  Izalatul Bid’ah wa Iqamatul Sunnah (JIBWIS), has emphasized the need for peaceful coexistence among residents of Kaduna South.

National Chairman of the group, Sheikh Abdullahi Bala Lau, said without peace, there could be no religious practice.

 ‘’We are here to commiserate with the governor and people of Kaduna state, for what happened between the communities of the state’’, Sheikh Bala Lau said at  news conference after he had led a team on courtesy call on Governor Nasir el-Rufai  at the weekend.


“Religious leaders have a great role to play; they have value to add for the peaceful coexistence in Nigeria.  That is why the governor said that he had earlier received CAN leaders and His Eminence, the Sultan of Sokoto’’, he added.

The sheikh  also argued that “Allah created us from male and female, from Adam and Eve, for us to know each other, not to fight each other.

 “Inshaa Allahu, we have so many things to add value to the peaceful coexistence in Kaduna state”, he said.

The cleric promised to offer fervent prayers for the intervention of Allah (SWT), adding that “with prayers, we will achieve our goal”.

 The sheikh said that true Muslims  were being guided by the Holy Qur’an in whatever they do,  adding that “whosoever wants to preach, has to preach according to   the Quran and Sunnah. If you are following the teaching of the Qur’an  and Sunnah, you cannot preach anywhere and anyhow”, and admonished preachers to preach with wisdom.

In his contribution, Governor el Rufai said that the Izala leaders, essentially, came to be briefed about the security situation in Kaduna state and that ‘’they received briefings from the Commissioner of Internal Security as well as the Deputy Governor.

“We also solicited  their support and prayers to see the end of this crisis because we are of the strong view that at the bottom of this crisis is the reckless statements of some religious leaders.

“If religious leaders decide firmly that people should live in peace and preach that consistently, it will lead to peaceful coexistence in our state,’’ he said.

el- Rufai identified religion and ethnicity as causes of crisis in southern Kaduna and advised that religious leaders could play a very unifying or divisive role in solving the problems.

Amendment bill proposes fundamental changes to EFCC’s administrative infrastructure

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▪︎EFCC has always been headed by police officers; that is about to change…

EFCC has always been headed by police officers. That’s about to change. Here are details of proposed changes to the EFCC Act

A new bill seeking to amend Economic and Financial Crimes Act has weakened the Office of EFCC Chairman and created a new position known as Director-General of EFCC.

The bill, which is titled, ‘An Act to Repeal the Economic and Financial Crimes Commission (Establishment) Act, 2004 (act no. 1 of 2004) and Enact the Economic and Financial Crimes Commission Act Which Establishes a More Effective and Efficient Economic and Financial Crimes Commission to Conduct Enquiries and Investigate All Economic and Financial Crimes and Related Offences and for other Related Matters.’

The bill, it was learnt, is being put together by Attorney Generalof the Federation and Minister of Justice, Mr Abubakar Malami on behalf of Federal Government for onward transmission to National Assembly.

The proposed law was initiated barely weeks after suspended acting Chairman of EFCC, Mr Ibrahim Magu, accused Malami of frustrating the anti-corruption war of President Muhammadu Buhari.

According to the proposed law, the director-general will be appointed by the President based on the recommendation of AGF and subject to confirmation by Senate.

The director-general, and not the chairman, will be in charge of the running of the daily affairs of the commission.

Section 8 of the bill reads in part, “There shall be for the commission, a director-general who shall be appointed by the President on the recommendation of Attorney General subject to the confirmation by Senate.

“Subject to the provisions of subsection (3) of this section, the Director-General shall be a retired or serving member of any government institution, including any security or law enforcement agency not below the rank of a director or its equivalent or a person from the private sector.

“A person shall not be appointed as a director-general unless he is of proven integrity and has 15 years cognate experience in security, forensic or financial crimes investigation; forensic accounting or auditing; or law practice or enforcement relating to economic and financial crimes or anti-corruption.”

The director-general, according to the proposed law, shall hold office for a period of four years subject to reappointment by the President for a further term of four years and no more.

The bill states that the chairman of EFCC shall be head of EFCC board.

Other members of the board shall include the director-general, a representative of Federal Ministry of Justice, a representative of Central Bank of Nigeria, Director of Nigerian Financial Intelligence Unit, two other Nigerians with 15 years cognate experience in legal, finance, banking or forensic auditing and Director of Administration who shall be the secretary of the board.

The proposed law states that the chairman and members of the management board shall be appointed by the President, on the recommendation of Attorney General subject to confirmation by Senate; and for a period of four years in the first instance, renewable for another period of four years and no more.

The EFCC board headed by the chairman will be in charge of establishing policy guidelines for the commission; review and approve the strategic plans of the commission; oversee the due performance of the functions of the commission in accordance with the provisions of this Act; and do such other things which in its opinion are necessary to ensure the efficient and effective performance of the functions of the Commission under this Act.

Secretary of EFCC, which is a creation of Section 8 of existing EFCC Act is not mentioned in the new bill, indicating that the position has been scrapped.

The current EFCC Secretary, Mr Ola Olukoyede, who has also been suspended by Mr Buhari pending investigation, is in charge of the secretariat of the commission and is responsible for the administration of the secretariat and the keeping of the books and records of the commission.

The proposed law not only restates the power of the AGF to discontinue the prosecution of criminal cases as guaranteed in Section 174 of the 1999 Constitution, it empowers the AGF to cancel the prosecutorial power of EFCC when he sees fit. Section 45 of the new bill states that the AGF may, after notifying EFCC, intervene in court proceedings, at first instance or on appeal,  where, in the opinion of AGF, public interest, the interest of justice and the need to prevent abuse of legal process so demand.

It further reads, “On receipt of the notice under subsection (2) of this section, the commission shall hand over to Attorney-General, the prosecution file and all documents relating to the prosecution and provide him with such other information as he may require on the matter within the time specified by him.

“The commission shall furnish returns of all cases handled by it annually and in such manner and at such intervals as the Attorney-General shall direct.

“Where the commission fails to comply with the provisions of this section, Attorney General may, subject to prevailing circumstances, revoke the power to prosecute from the commission.”

Spokesman for the AGF, Mr Umar Gwandu, said in a chat that his principal was not involved in the tinkering of EFCC Act.

He said there were Non-Governmental Organisations that were spreading lies about the AGF.

Gwandu said, “The Attorney General of the Federation was not in anyway responsible for the tinkering of any section of EFCC Act for any reason whatsoever.

“Nigerians are not unaware of the existence of NGOs that are notorious for mischief and can stoop too low to fabricate and concoct figment of imagination capable of spreading lies for attaining certain goals.”

Punch

BOSAN Audit Of NBA Election Not With Ill Motive — Adegboruwa, SAN

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A human rights lawyer, Mr. Ebun-Olu Adegboruwa, SAN, has reacted to the news making the rounds that the Body of Senior Advocates of Nigeria (BOSAN) has set up a committee to audit the 2020 national election of the Nigerian Bar Association (NBA)

Adegboruwa, in a statement made available to TheNigeriaLawyer (TNL), admitted the existence of the Committee but added that the committee is not meant to undermine the committee set up by NBA as suggested in some quarters.

He said the allegation of foul play against BOSAN is unwarranted and an attempt to blackmail members of BOSAN

He said BOSAN will continue to partner with NBA for the progress of the Bar

Read the full statement below:

My attention has been drawn to a news item currently circulating, to the effect that the Body of Senior Advocates of Nigeria, BOSAN, has set up a parallel Committee to audit the national elections of the Nigerian Bar Association for the year 2016, 2018 and 2020. The said report suggests that BOSAN may have done this in order to undermine the Committee set up by the NBA for the same purpose.

I attended the meeting of BOSAN held on September 5, 2020, as a bona fide member of the said organization, which is duly registered under the relevant laws of Nigeria for the protection of the interests of its members, as permitted under section 40 of the Constitution of the Federal Republic of Nigeria, as amended.

I was nominated along with other distinguished members of BOSAN, for a national assignment, as a patriotic member of the legal profession in Nigeria. It was a unanimous decision of BOSAN, with no ill motive or foul play in mind. The meeting was presided over by the first female Senior Advocate, Mrs. Folake Solanke, who sacrificed her time for the said meeting that lasted well over four hours, at well over 80 years of age, for the common good of all.

All stakeholders in the legal profession are working towards a solution to the perennial complaints following our experiences with electronic voting, it is therefore not outside our mandate as lawyers to help the Bar to chart a way forward in this regard, in collaboration with the NBA and other relevant stakeholders.

The insinuation of alleged foul play is totally unwarranted, being a deliberate attempt to twist the narrative of the BOSAN meeting, with the sole aim of blackmailing the noble men and women of the Inner Bar, into silence.

Personally, I am embarrassed that a meeting held to discuss the progress of the Bar and indeed Nigeria, is being bandied as a gang up, even when no official statement or communique has been issued by the executive council of BOSAN.

I verily believe that those spreading this falsehood are enemies of the Bar, who are out on a sadistic mission to pit the NBA against BOSAN, without any justification whatsoever, given that both bodies exist to complement each other.

I’m concerned that the good reputation of patriotic Bar leaders is being maligned recklessly on the altar of Bar politics, or else I cannot fathom the reason why anyone should lose sleep over attempts to build a united, strong and virile Bar.

From available history, BOSAN has never been in rivalry with any NBA Exco; it has been in existence before the new Exco assumed office and it will continue to partner with all NBA Excos for the progress of the Bar and Nigeria at large.

Personally, I offer to work with all stakeholders within the Bar, including the present leadership of the NBA, for the common good of the legal profession and our country, Nigeria, as I do in other national issues.

Thank you.

Ebun-Olu Adegboruwa, SAN
Lekki, Lagos.
06/09/2020

BOSAN Should Desist From Attempt To Audit NBA 2020 Elections Or Get Dragged To Court — Open Bar Initiative

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THE Convener of the Open Bar Initiative, Mr. Silas Joseph Onu has called on the Body of Senior Advocates of Nigeria(BOSAN) to desist forthwith from its attempt to audit the concluded NBA 2020 National Elections, noting that the move is because a non-SAN emerged as NBA President.

This is contained in a statement issued by him which was Sighted by  TheNigeriaLawyer (TNL).

Meanwhile, he noted that BOSAN does not have a business to supervise or meddle in the affairs of the Nigerian Bar Association.

Thus, he called on the Body to desist immediately or get dragged to Court.

The statement reads:

Our attention has been drawn to the sinister activity of a group known and referred to as the Body of Senior Advocates of Nigeria (BOSAN), an independent incorporated trustee, with no connection to the NBA whatsoever, as it constitutes itself into a supervising body of the Nigerian Bar Association.

Today, they plan to announce a committee of that body to audit the just concluded NBA Election. It is evident that many Senior Advocates who personally felt defeated by a non-SAN are now working overtime to supplant the Nigerian Bar Association with a group formed only for the SANs.

This is not the only overbearing activity embarked upon by the group without any authority from Nigerian Lawyers. They have also constituted themselves into the drafters of the proposed amendment to the Legal Practitioner’s Act and therein attempting to give the body a statutory flavour.

This attempts to undermine the Nigerian Bar Association simply because a Non-SAN is the current President by promoting another platform that will speak for and on behalf of lawyers, is unfortunate and hereby condemned. It cannot stand and must be resisted by all well-meaning Nigerian lawyers.

Senior Advocates, like Young Lawyers, have the right to come together under a forum that is subject to the Nigerian Bar Association. However, incorporating an independent body with the aim of surreptitiously taking over the core responsibilities of the Nigerian Bar Association is, sadly, demonstrative of the rot that some of these Seniors have brought to this profession. The only reason for such a body is to show a distinction between “ordinary” lawyers and the “extraordinary” Senior Advocates, who have now surpassed the level of being called lawyers, or so we imagine.

The Body of Senior Advocates of Nigeria, being an independent incorporated trustee has no business whatsoever in meddling with NBA Election under any guise and should discontinue any attempt to so interfere forthwith. They can organise an election for their preferred candidates to lead their own body and it wont be our business at all.

Also, the body of Senior Advocates of Nigeria is not known to the legal practitioner’s Act and has no place in the proposed amendment of the said Act. If they have any input to make, it should be routed through the recognized body of lawyers, the Nigerian Bar Association. They cannot constitute themselves as a body acting for or on behalf of lawyers. Their entire membership is less than 600 and as such, they aren’t in any position to act or speak for the over 120, 000 lawyers in Nigeria. They are to desist from further usurpation of responsibilities that does not fall within their purview.

We are resolved to drag that body to Court if it insist on acting unilaterally in ways that undermine the core purpose and responsibilities of the Nigerian Bar Association.

We know that not all Senior Advocates subscribe to the objectives of this body and therefore call on the very respected Senior Advocates of Nigeria, properly so called, to dissociate themselves from this attempt to undermine the Nigerian Bar Association simply because a Non-SAN is presently the President.

Thank you.

Reopen Private Varsities, They Are Not On Same Pedestal With Public Varsities — Afe Babalola, SAN

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Aare Afe Babalola, SAN founder of Afe Babalola University, Ado Ekiti has charged the Federal Government to reopen private Universities shut down by virtue of the Coronavirus pandemic, noting that it is not proper to compare them with public varsities.

This is contained in a statement issued by him on 6th day of September, 2020 in Ado Ekiti which was sighted by TheNigeriaLawyer (TNL), titled ‘COVID-19: ASUU vindicated on objection to resumption by public universities’.

“From available facts on the ground, COVID-19 has undeniably vindicated ASUU’s position, protests and grievances over the years about lack of necessary facilities, equipment, and decayed infrastructure.

“This is in sharp contrast to what obtains in private universities most of which are reputed for their moral and physical discipline, quality and functional education, hygienic and safe environment, predictable academic calendar, absence of unionism, committed teachers, modern teaching equipment and laboratories as well as adequate preparation to prevent COVID-19.”

Furthermore, he stated that COVID-19 has “exposed the unpreparedness of public universities in the areas of poor infrastructures, underfunding, inefficiency and corruption which ASUU had documented and published”.

Also, he noted that he was not a fan of ASUU in view of its penchant for strike actions, but then, the action this time around was described as an “understandable strike”.

However, he stressed that private Universities are fully set to reopen and had written to the National Universities Commission (NUC) to verify their claims of compliance with the COVID-19 guidelines.

However, he stated that it is imperative for the Federal Government to note that it will be wrong to place private varsities on the same pedestal with public institutions in assessing whether to reopen schools or not.

“I suggest that the NUC, Ministry of Education and Presidential Task Force on COVID-19 should advise the Federal Government on the danger of lumping public and private universities together when considering whether or not to allow universities to reopen.

“Many of the private universities have full residential facilities for both their staff and students. This makes it possible for teachers in private universities to mentor and monitor their students day and night. Some private universities even have lectures in the night while some have state-of-the-art teaching hospitals and well equipped medical centres.”

Besides, he charged the Federal & State Governments “to concentrate on the provision of the necessary equipment and infrastructure to make the public institutions attractive like their private counterparts.

“Government should adequately fund education so that teachers can be well paid while infrastructure, teaching aids, and research grants will be readily available for them. It is trite to note that no nation develops without a sound educational system and the foundation is really not in primary school. It is the university level education because it is the university that trains other levels.

“It is the university that provides the manpower for other levels of education and that is why you must concentrate efforts on university education. If you don’t do that, other levels of education will suffer and that is what has been happening in Nigeria.” He said.

To Live In The Land Of The Free

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By Gloria Mabeiam Ballason Esq

Sometime in 1830, the paths of three men intersected- Beverly Randolph Snow, an Epicurean chef of mixed racial heritage, John Arthur Bowen, a 19-year old slave boy and Francis Scott Key, an attorney and scion of Maryland’s slave holding aristocracy. Snow bought his way out of slavery and established a luxury restaurant he named the ‘Epicurean Eating House.’ Bowen and his mother were slaves in the home of Anna Thornton while Key became a famous attorney who prided himself as a humanitarian, reformist and a defender of black people. In contrast to Key’s self attribution, he was a distressing racist who deployed and relied on his facades to parley him into political connections and networks. It worked well for him because the period coincided with agitations for the abolition of slave trade that had began to sweep from the margins into the mainstream of civility.

In 1833, the 7th President of the United States of America, Andrew Jackson, appointed Attorney Francis Scott Key as the District Attorney, an acension that saw Key at the pinnacle of political power. By 1835, no less than 53 anti-slavery riots were recorded. Bowen will slip out of his place of service to lead a clandestine meeting of the Talking Society Against Slavery. One evening Bowen returned home and tried to feel his way around the dark house. He had an axe cradled in his arm. Mrs. Thornton saw him and panicked. She woke the entire neighborhood and a riot broke out in a manhunt for Bowen. When Bowen could not be found, White supremacists turned on Beverly Randolph Snow, the well known free man of colour. The invasion was tagged ‘Snow riot’ or ‘Snow storm’.

Although Francis Scott Key was a constant at Snow’s restaurant where lawyers, western land spectators and innumerable congressmen had made a natural rendezvous, Key decided to prosecute Snow personally. He argued for the enforcement of the White man’s right to own property in people and claimed the U.S. Constitution supported it. The Court sadly, ruled in his favour.

In 1836, Key trumped up charges against Reuben Crandall, a New York doctor who brought slavery abolitionist pamphlets into Washington. In the case of U.S.A v. Reuben Crandall, the Court was invited to rule on three submissions: that there was no property in people, that citizens of all races could have equal citizenship and that there was freedom to advocate for both. On these issues, the U.S. Congress received almost 1,500 petitions signed by more than 100,000 people who were in favour of the abolition of slavery. Francis Scott Key lost his bid to discredit the anti-slavery movement. The jury acquitted Crandall of all charges. The Court of public opinion won. That defeat and family tragedies eventually overturned Key’s ambition. In 1840, Key resigned but remained a keen advocate of African colonisation. Key became famous as a sharp proponent of slavery in America which he ironically but poignantly described as “land of the free and home of the brave.” He died in 1843 and left behind a legacy of complicated and contradictory advocacy.

ARE ALL MEN EQUAL?

In the words of Toni Morrison, ‘if you are free ,you need to free somebody else. If you have some power, then your job is to empower someone else.’ The corollary of those words ring with such piqued profundity that it provides insight into the workings of the minds of those who make slaves of men. In many of the most hideous crimes against humanity, the individuals who are directly responsible operate within a spectrum that inverts reason and elevates their actions to an appreciable form of group, tribal, religious or regional defense. Like Key, they leave the question of equal humanity on the balance of a notion of human hierarchy that hems in some and excludes others. The self serving arguments are justified with conjured reasoning and historicity that is put together as necessary.

The realities are not far from us: A leadership that reserves plum positions for its kith and kin while the rest wait their turn. An administration that criminalizes demonstrators but pampers insurgents. A court that lays claim to equality before the Law but grants judgment in favour of the powerful guilty and against the powerless innocent. Shiites baned by a ‘legitimate’ government so they can be mowed down without remorse. Operation Python Dance for agitators and rehabilitation for blood thirsty insurgents. Southern Kaduna, a region criminalized by a Governor whose heinous crimes of accessorial murders are made up for by constitutional immunity.

Need we say more? Do we tell of the billions of unaccountable security votes in the hands of politicians while the numbers of IDPs swell?The scenarios abound of how the powerful sink the weak in the hole of misery so they can float in the class of superior humanity.

LEADERS OF THE CASTE.

Forgive me for showing up late to the party but the withdrawal of the invitation issued to Governor Nasiru Elrufai to the Nigeria Bar Association makes for a classic example. An occupant of what veteran journalist, Sam Omatseye, describes as a democratic throne and one who leading human rights activist, Femi Falana SAN describes as having ‘a penchant for promoting impunity’, Governor Elrufai’s invitation was withdrawn because of a ground swell of protests of his lacking in the credentials for defining who a Nigerian is.

In true class act, the petition by the Open Bar Initiative against the invitation leads a franchise that is capable of changing the dynamics. First it shows that the Court of public opinion is as alive as it can be true to good conscience. Second, it coalesces the dignity of humans and makes clear that anyone who defines people in castes is unworthy of a platform that promotes the equality of all humans. Third is a grave lesson that the people cannot be fooled all the time by titles and rhetorics that bear no meaning to the requirements of public service. Leadership is not a movie role where a recast is possible. The buck stops on the table of the one ahead of the pack. For those three fundamental reasons, the lawyers who led the movement did off the charts great!

While it may seem too soon to imagine it, the NBA disinvitation sets us on the path of a grand scheme where the provision of value trumps facades and imaging. Public holders may now defer to the law when in doubt and should all else fail, the people are fast learning that to live in the land of the free, they must build a home of the brave.

Ballason is the C.E.O. House of Justice, a Public Interest Litigation firm. She may be reached at [email protected]

Pope Says Gossiping Is a ‘Worse Plague’ Than Coronavirus

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VATICAN CITY (Reuters) – Pope Francis urged the faithful on Sunday to steer clear of gossip, calling it worse than the coronavirus and saying it could be used to divide the Roman Catholic Church.

“Please, brothers and sisters, let’s make an effort not to gossip. Gossiping is a worse plague than COVID,” the pope said during his weekly address from a window above St. Peter’s Square.

“The devil is the great gossip. He is always saying bad things about others because he is the liar who tries to split the Church,” Francis added in the off-the-cuff comments.

The pope has regularly warned of the risks of gossiping and has also railed against Internet trolls.

“If something goes wrong, offer silence and prayer for the brother or sister who make a mistake, but never gossip,” he said on Sunday.