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My story,and what I learnt about vision

By Kingsley Moghalu

I decided at age 13 that I would have a global career in the international civil service of the United Nations. My friends in secondary school laughed at me and called me a “dreamer”. Later, at the Law Faculty of University of Nigeria Nsukka (Enugu Campus) I would make sure I sat behind the class, reading TIME magazine as a particular professor of a particularly boring law subject droned on (needless to say I didn’t do particularly well in his exams!).

I joined the UN at 29. In the 16 years in between, my vision never wavered. In Lagos, where, after my National Youth Service Corps assignment as a Legal Officer in Shell Petroleum, I was on my first job as General Counsel of Newswatch Communications, publishers of the leading newsmagazine Newswatch at the time, I passed up a chance to join a new bank in Lagos to go abroad for a master’s in 1991. “You are too idealistic Chiedu”, an older friend and wealthy businessman who was dangling this banking-job prospect told me. “Sit down in Lagos and let us make money!”

But I knew exactly what I wanted and where I was going, and applied the principle of delayed gratification – the long view. When I wrote to the US Embassy in Lagos that I’d been accepted at The Fletcher School of Law and Diplomacy at Tufts University in Boston and needed a visa, they were impressed. “Many of our best were trained there”, I was told.

“Just send your passport over”. I did. They returned it with a student visa stamped on it and a travel grant to cover my ticket plus some change. I left for the US without physically touching foot at the embassy, with a ticket they bought for me, and joined the UN straight from my master’s degree at The Fletcher School (I later did my doctorate part-time at the London School of Economics while working in the UN system in Geneva).

A full 18 years later I returned home as a Deputy Governor at the Central Bank of Nigeria. That wasn’t part of the original plan, but we are not in total control of our lives, and sometimes destiny plays out in ways unforeseen. The rest, including returning to the elite institution as a professor after my tenure at CBN, is history.

Have a vision. Hold it in front of your mind’s eye, work hard, and look unto God. The vision may tarry awhile, but it will be realized in due time.

God does not come down to earth to intervene, but acts through human beings for His Will to come to pass. And so there are, of course, other players-destiny helpers – in my story: my late father Isaac Moghalu for one, who strongly encouraged my interest in world affairs when he noticed I had that passion early on. Ray Ekpu, then CEO and Co-founder of Newswatch with the late Dele Giwa, Dan Agbese, and Yakubu Mohammed – “the quartet”. Professor Bolaji Akinyemi, our former Foreign Minister (and an alumnus of The Fletcher School) whose intervention with the prestigious institution after I approached him with my admission letter helped me secure the Joan Gillespie Fellowship that covered my tuition. Dr. Yemi Ogunbiyi, then of The Guardian, who, along with Ray, provided professional and character references to the US Embassy.

There were Rafeeuddin Ahmed of Pakistan and Dr. Shashi Tharoor of India (now Member or Parliament of India and Chair of the Foreign Affairs Committee) two senior UN officials in those days who also were alumni of The Fletcher School (“The Fletcher mafia”). Both were instrumental to my joining the UN. Of course there was also the late Kofi Annan, my boss in my early years in the Organization even before he later became Secretary-General.

There was Sanusi Lamido Sanusi, now Muhammadu Sanusi II, ex-Emir of Kano, who recommended me to President Umaru Yar’Adua for appointment as his deputy at the CBN, a recommendation backed up strongly by Dr. Ngozi Okonjo Iweala. And then there was Admiral (Dr.) James Stavridis (Ret.), former Supreme Allied Commander of NATO, who, as Dean of The Fletcher School of Law and Diplomacy, hired me as a Professor of Public Policy at the institution after my time at CBN.

May God bless these men and women.

The point is that hard work matters. Integrity and character matter. People are more inclined to support people who’s hard work and track record already speaks to their potential. And one has also met rejections – several – along the way. So don’t think it’s just one straight-line story. No. But, always, my advice is to be focused, and keep your eye on the price, whatever that price is for you.

Ndigbo, scorned in Nigeria, making waves globally

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By Ikechukwu Amaechi

Kelechi Madu taking his oath of office as Minister in Canada last year

Two Nigerians of Igbo extraction recently pulled off spectacular world-class feats that exemplify possibilities in an environment that rewards hard work and merit. 

In July, Leeds Trinity University in the United Kingdom appointed Professor Charles Egbu Vice Chancellor to take over from Professor Margaret House on November 1.

Egbu has been everything in British university circles in the past 25 years after he obtained a first class degree in quantity survey from Leeds Metropolitan University and a doctorate in construction project management from the University of Salford.

He was Pro Vice-Chancellor at the University of East London and Dean of the School of Built Environment and Architecture at London South Bank University.

He was previously at the University of Salford, Glasgow Caledonian University and University College London.

He was director, trustee and chairman of the professional standards and knowledge committee of the Association for Project Management.

In May 2017, Egbu was admitted to the Worshipful Company of Constructors and earned the Freedom of the City of London. He is the immediate past president of the Chartered Institute of Building (CIOB) and was a governor and member of the London Design and Engineering UTC.

By his new appointment at Leeds Trinity University, he is the first Nigerian and Black African to become VC of a ranked UK university.

A man of excellence, Egbu has written 12 books and contributed to more than 350 publications in various international journals.

Jamie Hanley, Chair Designate of the Board of Governors at Leeds Trinity University, said: “Professor Egbu brings with him a wealth of experience and extensive knowledge of the higher education sector.

“His energy and vision stood out throughout a very competitive recruitment process …”

And there is Kelechi Madu, 46, who made political history in Alberta, Canada in 2019.

At the time, self-acclaimed Nigerian political maharishis were calling his kinsmen back home politically naïve – and the political fortunes of Ndigbo were, expectedly, floundering in the cesspit of Nigerian politics and its asinine leadership recruitment process.

But Madu was making waves in faraway Canada, rekindling the belief that where merit is the yardstick for success, Ndigbo will hold their own, retaining positions of strength in challenging situations.

On April 30, 2019, Madu took oath of office as Minister of Municipal Affairs of the Province of Alberta, Canada with the third largest portfolio of over $3.7 billion.

But that was only half of the story then.

On May 21, he also took another oath of office as a lawmaker, elected same year to the Legislative Assembly of Alberta representing Edmonton South-West.

Madu’s achievements in Canada are so remarkable because not only was he born and raised here in Nigeria, he also had his tertiary education at the University of Lagos where he read law and was later called to the bar.

When he migrated to Canada in 2005 with his wife, Emem, he was already 31 years.

But in 14 years, he became the toast of Canada’s sophisticated political class, a feat he couldn’t have dreamt of, not to talk of achieving, outside his home state of Imo if he had stayed back in Nigeria to pursue his political career.

Even in Imo, it would have been a tall order not being a money bag and not having the capacity for violence.

A lone United Conservative Party (UCP) lawmaker in Edmonton, where UCP remains an opposition column, Madu won in one of the closest races garnering 7,742 votes to beat John Archer of the New Democrat Party (NDP) who polled 6,974 votes and Mo Elsalhy of the AP with 2,111 votes.

When he won the UCP nomination in December 2018 defeating fellow party members Sohail Quadri and Kevin Greco, party leader, Jason Kenney, now Alberta Premier, said: “He is a member of the Igbo Cultural Association of Edmonton and supports his community league activities and his church.

“Kaycee’s legal expertise and his unique understanding of the challenges faced by newcomers to Canada make him a valuable member of the United Conservative team as we work to present Albertans with a common-sense alternative to the NDP.”

His being Igbo and identifying with his people is not a liability for him in Canada. In Nigeria, you are expected to denounce your “Igboness” to be accepted as a good Nigerian. 

The values that matter in the leadership recruitment process in Canada are character, hard work and excellence. These are the qualities that earn someone an invitation to the leadership table.

Madu has them, and today he is the toast of the global political community.

In Nigeria, a Kaycee Madu from a very humble background – family of 11 children, illiterate parents, a 90-year-old father who was a petty trader and farmer – without sacks of money and zero appetite for thuggery would never have been invited to that table. 

It is instructive that while Madu with neither a political godfather nor a deep pocket, was making these giant political strides in his adopted country in 2019, his kith and kin in Nigeria were being visited with violence in parts of the country for daring to vote for candidates of their choice in a general election.

For daring to exercise their franchise according to the dictates of their conscience, they were branded illegal immigrants and unconscionable land grabbers in Yoruba land by people like Femi Kusa, a veteran journalist, who should have known better.

But Canada is not Nigeria. There is no envy, no jealousy. Public office is a call to service. It is a sacrifice.

Societies that want to make progress go for the best, which explains why a year after, Madu was appointed Minister of Justice and Solicitor General for the Government of Alberta and Provincial Secretary and Keeper of the Great Seal of the Province of Alberta – another new high – he became the first African Minister of Justice in a Canadian government.

On his twitter page, he promised to ensure that everyone in Alberta has access to equal justice.

“Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination.

“I look forward to working on many critical democratic reforms, including recall legislation and important citizenship initiative referendums, and taking the lead role on the implementation of our government’s fight for a fair deal within confederation,” he said.

That is the essence of governance.

President Muhammadu Buhari described Madu’s appointment as “historic,” and a proof that Nigerians are go-getters, who will always “distinguish themselves in different walks of life.”

Former Vice President Atiku Abubakar said Madu’s feat is proof that “Nigerians are indeed global players with unlimited capacity to impact our world positively.”

While these tributes are deserved, the truth remains that it would have been impossible for Egbu, an Igbo from Abatete, Idemili LGA of Anambra State, to be appointed Vice Chancellor of University of Lagos in today’s Nigeria, no matter how brilliant he is.

Even if Madu, an Igbo from Umuokirika, Ahiazu-Mbaise LGA, Imo State, was born and raised in Lagos, he would still have been declared a persona-non-grata for daring to contest election in the state where he was born.

Societies desirous of making progress in the 21st century use the ennobling qualities of character, integrity, competency and sundry skill-sets as yardsticks for leadership recruitment.

In Nigeria, we deploy debilitating primordial ethno-religious sentiments in making the decision. And yet, we wonder why the country continues to plumb the depths of mediocrity, abject poverty, squalor and misery.

Indeed, there was a country, as the late literary icon, Professor Chinua Achebe, would say.

thenicheng

CUPP rejects fuel price increase

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..describes increase as wicked, insensitive and a plot to kill more Nigerians with suffering

..plans legal action

…Will commence reach out and mobilisation of civil society organisations and organised groups for mass civil action.

The Coalition of United Political Parties (CUPP) has received with shock and disbelief the decision of the Muhammadu Buhari administration to approve astronomical increase in fuel price at this time that Nigerians are already suffocating under the weight of numerous taxes.

Opposition political parties note that this increase is coming barely one day after the increase in electricity tariff by this same government took effect.

We therefore reject this senseless, heartless, insensitive and wicked increase in its entirety.

The CUPP holds the view that this latest poison from the chalice of the All Progressives Congress’ government is meant to kill more Nigerians with suffering contrary to the oath Buhari swore to protect them.

We are therefore calling on this government to rescind this unpopular decision with immediate effect.

Failure to do this, the CUPP will be taking a legal action to force this government to do so.

Apart from the legal option, we shall also begin to reach out with a view to mobilising civil society organisations and organised groups for mass action.The Opposition Coalition Human Mobilisation head,Barr.Kenneth Udeze will in the days ahead start meeting with organised groups to mobilise them to be on same page with the Opposition

We urge Nigerians to be ready to take active part in the proposed mass civil action in case the Federal Government, in its usual style, turns a deaf ear to our legitimate and patriotic call.

Ikenga Imo Ugochinyere
National Spokesperson of Nigeria Opposition Coalition CUPP

Udoma & Osagie, Bowmans forge Alliance

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Leading African law firms, Udo Udoma & Belo-Osagie (UUBO) and Bowmans, have announced that they are taking a major step forward in collaborating to support clients across the continent.

From 1st September 2020, UUBO and Bowmans have entered into a formal Alliance Agreement that will see the two firms working much more closely together. This Alliance will replace the ‘best-friends’ arrangement that has been in place for several years.

With a presence in eight key African countries: Ethiopia, Kenya, Malawi, Mauritius, South Africa, Tanzania, Uganda and Zambia, and over 400 specialist lawyers, Bowmans’ reputation for providing specialist legal services in the fields of corporate law, banking and finance law and dispute resolution spans over a century.

‘There are strong existing synergies between us – in services, culture, values, ethics and professionalism’, says Aniekan Ukpanah, Managing Partner at UUBO. ‘The Alliance gives us the opportunity to tap into the Africa-wide capabilities and presence that Bowmans offers.’

‘I’m delighted with this development,’ adds Robert Legh, Bowmans’ Chairman and Senior Partner. ‘UUBO is recognised as one of Nigeria’s elite law firms. Nigeria is the continent’s largest economy and the 26th largest economy globally. It’s also Africa’s most populous nation. Our Alliance with a firm of the calibre of UUBO is very good news for our respective clients across the continent.’

Having been in a best-friends relationship for several years, the two firms appreciate one other’s strengths and capabilities and have developed a mutual understanding and trust.

Mr. Legh continues, ‘Nigeria has significant potential, but is also a complex jurisdiction from a legal and regulatory perspective. It will be good to be able to work with the team at UUBO to better serve our clients, not only in Nigeria, but elsewhere on the continent.’

UUBO has 15 partners and 72 associates working from offices in Nigeria’s three main commercial centres, Lagos, Abuja and Port Harcourt, as well as an associated firm in Ghana. The firm is highly ranked and has maintained Tier 1 status across several of its practice areas, including Corporate Advisory, Banking & Finance, Private Equity, and Projects and Energy.

Mr. Ukpanah concludes, ‘While the Alliance is not a merger and both firms will remain independent, the Alliance also gives UUBO a valuable opportunity to extend the firm’s reach into the African market, in pursuit of our vision of providing pan-African legal services and supporting our respective clients and our people as they seek to overcome challenges and unlock opportunities across the continent.‘

The Minimum Financial Threshold for EFCC Cases.

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The Minimum Financial Threshold for EFCC Cases. Daily Law Tips (Tip 644) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

What is the minimum amount of money (financial threshold) that must be involved in a financial crime, for the Economic and Financial Crimes Commission (EFCC) to get involved in investigation/prosecution? Rightly or wrongly, there is a believe out there, that Economic and Financial Crimes Commission (EFCC) has a financial threshold for crimes it can investigate or will want to investigate. Ever wondered what a high profile case is and how that term penetrated Nigerian legal system? This work examines the financial threshold of the EFCC through legislative (doctrinal) and sociological (non-doctrinal) tools.

The EFCC is a federal government agency, created by law in June 2004 as the Financial Intelligence Unit in Nigeria, empowered to fight money laundering and to enforce all laws dealing with economic and financial crimes in Nigeria. The specific relevant functions of the EFCC, as stated by its establishing law, are;          

  1. “the investigation of ALL financial crimes including advance fee fraud, money laundering, counterfeiting, illegal charge transfers, futures market fraud, fraudulent encashment of negotiable instruments, computer credit card fraud and contract scam”; 
  2. “the co-ordination and enforcement of ALL economic and financial crimes laws and enforcement functions conferred on any other person or authority”; as well as 
  3. “the examination and investigation of ALL reported cases of economic and financial crimes with a view to identifying individuals, corporate bodies or groups involved”.

One common word in all the above three (3) functions of the EFCC, is “ALL”. In summary the EFCC has powers and the responsibility to enforce all laws relating to economic and financial crimes in Nigeria as well as to investigate ALL financial crimes on its own, even where there is no report/compliant/petition and also to powers to investigate ALL reported cases of economic and financial crimes.  Special powers of the EFCC, is that it can on its own commence investigation on any person, group or corporate entity, especially “where the person’s lifestyle and extent of the properties are not justified by his source of income”.

All through the 47 sections of the federal law that establishes the EFCC, there is no threshold or financial limitation/cap on the economic and financial crimes that the EFCC can investigate and prosecute. Furthermore, by the words of the law, no threshold was intended or implied rather an unlimited powers is offered and rested on the EFCC over all the economic and financial crimes. Hence, the EFCC has statutory duty to investigate all economic and financial cases and where there is a probable case, the EFCC is to prosecute. This is the reason, the EFCC can be sued by a person, for the EFCC to be compelled by court to investigate a financial crime.

Unfortunately, in reality and operations, the EFCC cannot investigate all the petitions/complaints it receives in a day. Imagine this picture, Nigeria with a huge population (unofficially rated at over 200 million), with many politicians, scammers, companies and businesses as well as unregistered businesses and foreigners in Nigeria, only one federal agency is to combat economic and financial crimes. With low access to justice, part of the works of the EFCC will include to investigate and reject many civil disputes often disguised as crimes, maliciously or ignorantly by complainants and their lawyers. 

Statutory powers and duties need resources; funds and capacity to come to life. Like we say in Nigeria, “good soup na money make am” (good results are products of good/hard work). Both the budget and operational/technical abilities of the EFCC are very poor even as they are expected to investigate hundreds of cases in a country without reliable database of ex-convicts, social security numbers and houses addresses of citizens. 

Furthermore, the  report of Umar, Samsudin and Mohamad, reveals that the EFCC is under performing due to “factors such as lack of commitment; inefficient judiciary; insufficient budgets; and incompetent personnel.” By the way, the internal structure and leadership of the EFCC is not left out, with the report stating that, “there also exists insufficiency of personnel, professionalism and the dominance of police in the realm of the leadership of the EFCC”. With the recent 2020 reports and investigations of corruption in the leadership of the EFCC, one wonders what is left of the alleged insufficient budget and personnel incompetency of the commission.

High profile cases in Nigeria are cases with enormous attention, often caused by the status/network/networth of the parties involved (suspect, complainant, victim or government), the sum involved, frequency of crime, media focus or political gains. High profile cases are also good for the profile and the ego of leadership of any concerned law enforcement agency in Nigeria. Parties involved in high profile cases are popular, with easily traceable investments, addresses and reliable data; so they are easier jobs for law enforcement agencies, where there is political will and no corruption. Hence, it is not strange that the EFCC may invest its very limited resources in high profile cases. However, there are no little thieves and all financial crimes are crimes enough. There  is no need for justice to sought based on the sum or party involved. 

The effect of the present approach of the EFCC, includes; lack of trust by the public and the assumption that the EFCC is unserious, discriminatory, political and that there is a financial cap/limit for crimes to be handled by the EFCC. Many people believe that economic/financial crimes involving less than One Million Naira (N1,000,000.00) or without highly placed Complainants may not receive the attention of the EFCC. By the way, fraudsters are off radar once they diligently maintain their crimes below the perceived financial threshold of the EFCC. 

To further maximise the low resources of the EFCC is “Plea Bargain”, which is often employed in high profile cases and utilised enormously by politically exposed persons. According to Justice Dahiru Musdapher (former Chief Justice of Nigeria), “Plea Bargain” is designed “to provide [a] soft landing to high profile criminals who loot the treasury entrusted to them.” A report of high profile cases in 2007 to 2010 under the EFCC, according to The Stolen Asset Recovery Initiative (a partnership between the World Bank Group and the United Nations Office on Drugs and Crime (UNODC)), shows 54 cases of politically exposed persons (mostly former governors, federal ministers, federal legislators and heads of big corporations) and the least sum therein was the case of 10 million Naira against Iyabo Obasanjo-Bello (then serving Senator). 

The discoveries of Hassan Umar and Kasim Umar from field study conducted with questionnaires, to assess the “perception of Nigerians on the strength of the EFCC against its functional responsibilities to determine the adequacy and appropriateness of the powers”, are more shocking. According to Umar and Umar, relying on primary and secondary sources, their research revealed that “… EFCC lacks adequate prosecutorial powers; it also cannot effectively ensure and monitor compliance to the limit of foreign currency transfer ($10000) and the local cash transaction limit; the court system in Nigeria has also frustrated the efforts of the commission in addition to the unruly behavior of some senior legal counsels who often connive with some judges to subvert justice….”. 

Furthermore, the Umar and Umar study revealed that “… the areas of crime  covered by the EFCC as provided for by the law is much for the EFCC that some crimes like in the casino operations, drugs and narcotics, use of supernatural powers, etc. received less attention (3.67). EFCC should focus more on financial crimes, fraud and advance fee fraud only (4.03). The Nigerian court system has frustrated the efforts of the EFCC through delays and incessant  injunctions  (4.01).  The  senior  legal  counsel  usually  connive  with  the  judges  to  subvert/manipulate judgements in favour of their clients (3.75)…”.

In summary, statutorily there is no law or regulation that stops the EFCC from investigating and prosecuting any economic or financial crime cases. However, the EFCC has little resources to apply to the too many pending cases and new demands for investigation. Hence, the EFCC appears to be unserious and discriminatory in its investigation and prosecution, focusing on high profile cases involving huge sums and often politically exposed persons. Expectedly, this has created a safe heaven for some offenders in crimes involving low sums, poor complainants or  persons that are not out politically/religiously/militarily/royally exposed or connected. 

Above all, like Odi Nwankwo recommended, “… activities or programmes of the anti-corruption agencies in Nigeria such as the Economic and Financial Crime Commission (EFCC) … should be strengthened” and effectively checked. I add that the EFCC should respect rule of law, be independent of politicians, have higher budget and accountability process and it’s leadership should not be limited to police officers. Click to read my other works in criminal justice in Nigeria.

My authorities are:

  1. Sections 1, 2, 6, 7, 46 and 47 of the Economic and Financial Crimes Commission (Establishment) Act 2004. <https://www.imolin.org/imolin/amlid/data/nir/document/economic_&_financial_crimes_commission__establishment__act_2004.html> accessed 29 August 2020.
  2. Umar, Samsudin and Mohamad, “Ascertaining the effectiveness of Economic and Financial Crimes Commission (EFCC) in tackling corruptions in Nigeria” (2018) 25(7) Journal of Financial Crime. 1, 9. <https://www.researchgate.net/publication/326564312_Ascertaining_the_effectiveness_of_Economic_and_Financial_Crimes_Commission_EFCC_in_tackling_corruptions_in_Nigeria> accessed 29 June 2020.
  3. Hassan Umar and Kasim Umar, “The  Economic  and  Financial  Crimes  Commission  and Corruption  Management  in  Nigeria:  A  Perceptual Assessment of its Legal Framework” (2016)3(2) Asian Journal of Social Sciences and Management Studies. 140, 144 <https://www.researchgate.net/publication/97755483_The_Economic_and_Financial_Crimes_Commission_and_Corruption_Management_in_Nigeria_A_Perceptual_Assessment_of_its_Legal_Framework> accessed 29 August 2020.
  4. Odi Nwankwo, “Impact of Corruption on Economic Growth in Nigeria” (2014) 5(6) Mediterranean Journal of Social Sciences. 41, 45 <https://www.researchgate.net/publication/271104628_Impact_of_Corruption_on_Economic_Growth_in_Nigeria> accessed 29 August 2020.
  5. Hanibal Goitom, “Plea Bargining: Nigeria” (Library of Congress, 2019) <https://www.loc.gov/law/help/plea-bargaining/nigeria.php> accessed 29 August 2020, citing Ikechukwu Nnochiri, CJN Abolishes Plea Bargain, Vanguard (Nov. 16, 2011), https://perma.cc/C3TS-VMHV.
  6. The Stolen Assets Recovery Initiative, “ECONOMIC&FINANCIAL CRIMES COMMISSION, EFCC ON-GOING HIGH PROFILE CASES – 2007- 2010” (SARI) <https://star.worldbank.org/corruption-cases/sites/corruption-cases/files/documents/arw/Ibori_Nigeria_EFCC_High_Profile_Cases.pdf> accessed 29 August 2020.

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Oral Application for Bail is Allowed in High Courts.

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*Oral Application for Bail is Allowed in High Courts.* Daily Law Tips (Tip 643) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

In Nigeria, like in other countries, there are types of courts (inferior/state-owned and superior/federal-owned courts). There is a hierarchy, with some courts being at the base for small claims and simple offences. The courts at the base of the hierarchy of courts are courts of summary jurisdiction, with little need for writing/documentation (they are often referred to as “inferior courts”). The inferior courts are created by state laws and often allow oral applications (motions, prayers/requests). Since the Federal Capital Territory (FCT) has no state legislature, the federal legislature (National Assembly) creates inferior courts for the FCT.

On top of the inferior courts are the Superior Courts, created by the National Assembly through federal laws, like the Constitution of Nigeria and several establishment Acts. The superior courts are courts of records, they always require applications to be in writing and not orally made. Among the inferior courts in Nigeria, are Customary Courts, Area Courts and Magistrate Courts. The Superior Courts include; State High Courts, Federal High Courts, Sharia Court of Appeal, Customary Court of Appeal, National Industrial Courts, Court of Appeal and the Supreme Court (the apex court).  

Unlike the inferior courts that normally/regularly accept oral applications, there are few situations where the superior courts allow oral applications. One of such is in cases for bail for suspects that have been detained for more than 24 hours for non-capital offenses. In such cases, oral applications for bail are allowed in all courts. Under the Administration of Criminal Justice Act 2015 and similar state laws in states across Nigeria, a suspect must be released within 24 hours of his being arrested, especially where the alleged crime is not punishable with death (capital offence). 

Where a suspect is not granted bail within 24 hours, any person can go to court/institute a case against the concerned law enforcement agency (and its agents) on behalf of the suspect. The court will order the suspect to be produced (brought to) court and inquire into the circumstances of the detention. Where the court desires, the court will grant bail to the suspect. An application for bail in court, can be written or oral, even if the court is a superior court (High Court/Federal High Court/National Industrial Court). Click to read my other works on Bail in Nigeria. 

My authorities are:

1. Sections 32, 494 and 495 of the Administration of Criminal Justice Act 2015 and its equivalent in states across Nigeria. 

2. Sections 34, 35, 36, 230, 237, 249, 255, 260, 265, 318 and 319 of the Constitution of the Federal Republic of Nigeria 1999. 

3. The Court of Appeal judgment in the case of Chief Alhaji Moshood Kashimawo Abiola V. Federal Republic of Nigeria (1995) NWRL PART 370 P.155.

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@LearnNigerianLaws and Twitter: @LearnNigeriaLaw

Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted.

This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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IG, Police shun court order, fail to produce detained Guber candidate

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The Nigerian Police, on Wednesday, failed to honour the order of the Federal High Court, Abuja, directing it to produce the Bayelsa governorship candidate, Vijah Opuama, who had been in police detention since Aug. 15.

The News Agency of Nigeria (NAN) reports that Justice Taiwo Taiwo had, on Monday, ordered the police to produce Opuama in court on Wednesday following an ex-parte application by his Lawyer, Michael Odey, asking it to show cause why the detainee should not be released unconditionally.

While the Inspector-General (I-G) of Police, Mr Adamu Mohammed, is the 1st respondent, the Assistant Commissioner of Police in-charge-of the I-G’s Monitoring Unit is the 2nd respondent in the suit.

Besides failing to produce the detainee in court at the Wednesday’s sitting, the police was neither represented in court nor filed any defence as earlier ordered by Justice Taiwo Taiwo.

The judge, however, frowned at the police violation of his Monday’s orders.

After hearing, Justice Taiwo issued a fresh order, directing the two respondents to provide the detainee in court on Sept. 7 “unfailingly.”
“The applicant shall be produced unfailingly in court on Monday September 7, 2020 at 10am prompt by any person holding him or the respondents named on the court processes i.e. the Inspector General of Police and the Assistant Commissioner of Police Monitoring Unit,” he ruled.

According to the judge, the IGP and his subordinate joined as the 2nd respondent in suit risked being personally summon should they fail to comply with the fresh order.

“That if the applicant is not brought before the court as specified on September 7, 2020, this court will not hesitate to order the appearance of the respondents before it,” the judge said.

NAN reports that Opuama, the Liberation Movement’s governorship candidate in the Bayelsa State’s Nov. 16, 2019 election, was said to have been arrested by the police at the premises of the state’s Governorship Election Petitions Tribunal in Abuja, on Aug. 15 while waiting for judgment to be delivered on his petition, challenging the outcome of the disputed poll.

Opuama’s wife, Ebikoboere Amaebi, stated in the affidavit filed in support of her husband’s application that she was with the governorship candidate at Wuse Zone 6, Magistrate Court, Abuja, venue of the Bayelsa State Governorship Election Petition Tribunal, waiting for the tribunal’s judgment to be delivered in his case, when “some unidentified men” allegedly violently arrested him.(NAN)

Prophet Israel Ogundipe, Genesis Global Celestial Church, Drags Yemi To Court For Defamation

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Funke Busari, Lagos

One Eniola Yemi has been dragged before a Magistrate Court 2 sitting in Igbosere in Lagos for alleged defamation.

The four count charge accused the defendant of conspiring with others now at large to threaten and intimidate Prophet Oladele Israel Ogundipe of Genesis Global Celestial Church.

The offence is brought under the provision of Section 56(1)(a),(b) of the 2015 Criminal Law of Lagos.

Fourty-two years old Eniola was also accused of conspiring with those at large of behaving in a manner likely to injure the reputation of Prophet Ogundipe by uploading his videos and audios recording on social media network and there committed an offence punishable under Section 375 of the Criminal Code Act Cap C38 Laws of the Federation of Nigeria, 2004.

Eniola Yemi was also in the third charge accused of colluding with others sometimes in June connived with others to cause the breach of peace by publishing defamatory matters against Prophet Israel Ogundipe of Genesis Global Celestial Church contrary to the provisions of Section 168 (1),(d),(2)  of criminal law of Lagos.

She was brought before Chief Magistrate Kikelomo Ayeye who released her on bail in the sum of N500,000 and adjourned the matter to November 9 for trial.

WTO: Dangote endorses Ngozi Okonjo-Iweala

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Africa’s richest man, Aliko Dangote has endorsed Nigeria’s former Minister of Finance, Ngozi Okonjo-Iweala for the post of Director-General of the World Trade Organisation.

Dangote revealed the endorsement through a social media statement on Monday morning.

Dangote said that the WTO needs the renowned skills and experience of Ngozi Okonjo-Iweala during “these challenging times.”

He added that her skill set will be needed, “to lead the organisation through identified obstacles and strengthen its position as the prime facilitator of international trade.”

A vote for her by all is a step in the right direction. I fully endorse the candidature of @NOIweala to lead @WTO.(2/2)
— Aliko Dangote (@AlikoDangote) September 1, 2020

Okonjo Iweala thanked Mr. Dangote for his endorsement stating, “As a globally acclaimed businessman your knowledge about WTO and your confidence in my ability to serve is much appreciated.”

Okonjo-Iweala and a number of other candidates have presented themselves to the members of the global trade body in the hopes of securing the highest number of votes to succeed the current DG, Mr Roberto Azevêdo.

(Nairametrics)

Does the Bible approve of daughters inheriting their fathers?

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By Tope Banso

THE DAUGHTERS OF ZELOPHEHAD

Zelophehad, a man of the tribe of Manasseh, died while the Israelites were wandering in the wilderness. He had no son, but only five daughters, Mahlah, Noah, Hoglah, Milcah, and Tirzah (Numbers 26:36; 27:1).

According to the Hebrew law of inheritance then, only the sons were entitled to their father’s inheritance. Women were denied inheritance.

Because Zelophehad had no male child inheritor, the five daughters went to Moses, their leader, with a demand to inherit the land due to their father. There was no provision of the law that addressed this particular situation.

The Bible says, “And they stood before Moses, before Eleazar the priest, and before the leaders and all the congregation, by the doorway of the tabernacle of meeting, saying: ‘Our father died in the wilderness; but he was not in the company of those who gathered together against the LORD, in company with Korah, but he died in his own sin; and he had no sons. Why should the name of our father be removed from among his family because he had no son? Give us a possession among our father’s brothers’” (Numbers 27:2-4 New King James Version).

There are some lessons to learn from these five daughters of Zelophehad. I imagine how everybody, including Moses, Eleazar the priest, the leaders and the entire congregation, listened to these ladies when they stood before them to state their case. It was a male-dominated society, but these ladies spoke and made a case for themselves.

I feel very proud of these ladies. They proved themselves to be worthy daughters of their parents. They challenged the status quo, which they considered unfair, and did so politely before the highest court presided over by Moses.

They looked at themselves and wondered what would happen to their father’s name in his clan. They, therefore, demanded the inheritance due to their father, more so that their father didn’t die as a rebel.

They fought for the name of their father; they fought for themselves. Since there was no precedent for their demand, Moses had to take the matter to the LORD.

The LORD replied in their favour. He said, “The daughters of Zelophehad speak what is right; you shall surely give them a possession of inheritance among their father’s brothers, and cause the inheritance of their father to pass to them” (Numbers 27:7 New King James Version).

The five daughters, by their action, set a precedent. A new law was made, because of these daughters of Zelophehad, to address a situation where a man, with no male child, died leaving only female children. The new law included the provision that in case a dead man had no male inheritor, the female children would not be denied the right of inheritance. However, they must marry within their tribes so that the inheritance could remain with each tribe (Numbers 27:8; 36:2-11).

Although some people prefer one sex to the other in the family, God determines the sex of the children He gives each person. He gave Zelophehad five daughters who could stand for themselves. He gave Phillip the evangelist four virgin daughters who prophesied (Acts 21:9-10).

The daughters of Zelophehad didn’t send any uncle to argue their matter; they went themselves! That tells you the stuff they were made of! They were not like Esau, who sold his birthright and felt it was nothing (Genesis 27:34-40; Hebrews 12:17). The daughters of Zelophehad believed the inheritance was important.

Attributes of the daughters of Zelophehad

1. They were knowledgeable. They were not ignorant of how their father died and what happened in Israel in the past. They came before Moses, Eleazar the priest, and the leaders and the entire congregation and stated the fact which nobody controverted.

They argued, “Our father died in the wilderness; but he was not in the company of those who gathered together against the LORD, in company with Korah, but he died in his own sin; and he had no sons. Why should the name of our father be removed from among his family because he had no son? Give us a possession among our father’s brothers’” (Numbers 27:3-4 New King James Version). Nobody challenged their claim.

There are pieces of information your children should know about your family. Educate them.

2. They were confident children. They had robust self-esteem. Despite the fact that Israel was a male-dominated society, they could stand before Moses to make their demand without any fear of intimidation.

Parents should build their children’s self-esteem. They and other members of the family shouldn’t look down on female children or make them look down on themselves. Train your children, female and male, to be confident.

3. They were good communicators. They spoke so well that Moses had no option than to go to God. Moses couldn’t wave aside their submission.

Children must be taught to develop basic communication skills. That doesn’t mean they must become orators! Let your children express themselves. When they’re wrong, correct them. Don’t shout them down or embarrass them.

4. They had a good understanding of God, and faith in Him to redress injustice. They didn’t believe that the existing law was final and nothing else could be done where there was a gap or injustice. They obviously didn’t believe that God would support the unfairness or injustice that they complained about. And God said they were right.

5. They had regard for their father. Although their father had died, they honoured his memory. They didn’t want his name to be removed from their family. They said, “Why should the name of our father be removed from among his family because he had no son? Give us a possession among our father’s brothers” (Numbers 27:4 New King James Version).

One of the Ten Commandments, the first with a promise, says, “Honour your father and your mother, that your days may be long upon the land which the LORD your God is giving you” (Exodus 20:12 New King James Version).

Moses referred to this commandment in Deuteronomy 5:16. Also, Jesus quoted this commandment (Matthew 15:4; 19:19; Mark 7:10; 10:19; Luke 18:20). Similarly, Paul quoted it in Ephesian 6:2. Children must honour their parents.

6. They didn’t play the victim. They could have sat down at home grumbling or complaining. They could have blamed their dead father or mother for their failure to give birth to a male child!

They could have even blamed God, Moses or the other Israelites for the inheritance law that didn’t favour them. But they didn’t whine. They didn’t agonize; they organized. They must have held a meeting, planned what to do and rehearsed what to say.

Train your children never to see themselves as victims. They should think as victors. They must develop a problem-solving mind. They have the Holy Spirit as their advantage.

Raise your daughters never to feel inferior to men. The daughters of Zelophehad told Moses and the other leaders, “Give us a possession among our father’s brothers” (Numbers 27:4 New King James Version). In other words, don’t treat us less than the men.

7. They had foresight. They didn’t live only for the moment. They considered the future. The inheritance they were asking for was a share in the Land of Canaan, which the Israelites had not even possessed. But they had faith in God that they would conquer the land and they wanted the inheritance due to their father. They didn’t want the name of their father to disappear from his family. And God said Moses should cause the inheritance of their father to pass to them (Numbers 27:7).

It was under Joshua’s leadership that the allotment of the Land of Canaan to the different tribes was done. Joshua obeyed God’s command and allotted the inheritance due to Zelophehad to his daughters (Joshua 17:3-6).

You may never know what you could achieve until you act. The daughters of Zelophehad acted wisely concerning their situation and God granted their request. Of course, Moses did, too. He caused their father’s inheritance to be passed to them on the condition that they must marry within their father’s tribe (Numbers 26:33; 27:1-11; 36:2-11). Finally, Joshua allotted the inheritance to them.

Galatians 3:26-29 says, “For you are all sons of God through faith in Christ Jesus. For as many of you as were baptised into Christ have put on Christ. There is neither Jew nor Greek, there is neither slave nor free, there is neither male nor female; for you are all one in Christ Jesus. And if you are Christ’s, then you are Abraham’s seed, and heirs according to the promise” (New King James Version).

Train your children to imbibe qualities or attributes that will make them excel in life. Whether God has given you all boys, all girls, or both sexes, train them well. God determines the sexes of children He gives people. Don’t complain; don’t be ungrateful. There are people who’re crying to God to give them what some people seem not to appreciate.

More importantly, as Christians, we must always remember that God has qualified us to be partakers of the inheritance of the saints in the light (Colossians 1:12).

God has reserved a priceless inheritance for His children which is kept in heaven for us; it is an incorruptible and undefiled inheritance (1 Peter 1:4). You won’t miss your inheritance in Jesus’ name.

PRAYER POINTS: Father, thank you for the children you have given me. I repent of my ingratitude by preferring one sex to the other; please forgive me. Father, help me to train well the children you have given me or will give me. Father, please visit everyone trusting You for the fruit of the womb and give them babies. Make them joyful mothers by this time next year.

This is wisdom for living, and it’s worth sharing. Please share.

(For over 300 in-depth and powerful messages by T.O. Banso, visit: www.cedarministry.org).

▪︎ Banso, an Abuja-based Minister, heads
Cedar Ministry International, and can be reached at [email protected], [email protected]; Tel No: +2348155744752, +2348033113523;
WhatsApp No: +2349081295947