Home Blog Page 860

ICPC quizzes NDDC officials over alleged corruption

Law & Society Magazine
-
0
ICPC quizzes NDDC officials over alleged corruption

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) says it recently quizzed top officials of the Niger Delta Development Commission (NDDC) over various allegations of corruption.

Mrs. Azuka Ogugua, Spokesperson of the Commission, said this in a statement on Saturday in Abuja.

Ogugua said the allegations included the diversion of funds, procurement fraud, and misappropriation of the agency’s COVID-19 funds.

The ICPC spokesperson said some directors of the NDDC, who she did not identify, were arrested and quizzed at the ICPC headquarters recently.

According to her, this came after months of intelligence gathering, following the receipt of petitions from Nigerians on the alleged illegalities and contract fraud by some officials of the agency.

“Top officials of the agency are being investigated for their complicity in an alleged diversion of N5.474 billion meant for the purchase of Personal Protective Equipment (PPE) for health workers handling the COVID-19 pandemic in the nine states of NDDC.

“The commission is also investigating the payments of millions of Naira to the staff of the agency for foreign training during the COVID-19 full lockdown which were never attended.

“As well as the nonpayment of entitlements to students on foreign scholarships.

“Other allegations being investigated by ICPC include the selling of backdated contract award letters for projects and awards of contracts that were not captured in the budget of the NDDC,’’ she said.

She added that ICPC had already retrieved relevant documents with which to continue investigations towards the recovery of diverted funds and prosecution of breaches of the law.

It would be recalled that NDDC has dominated headlines in recent times following a corruption probe launched by the National Assembly.

During one of the hearings, the Acting Managing Director of the NDDC, Prof. Kemebradikumo Pondei, admitted that the commission spent N1.5 billion as COVID-19 palliatives first on its staff.

The Senate later disclosed in a report that top management of the commission paid themselves N85.6 million to attend a graduation ceremony in the United Kingdom during the lockdown in Nigeria.

The legislative investigation became controversial when the commission’s management accused some senators and members of the House of Representatives of benefiting from several NDDC contracts. (NAN)

Senate Has No Plan To Secretly Pass Social Media Bill ― Sen. Basiru

Law & Society Magazine
-
0
Senate Has No Plan To Secretly Pass Social Media Bill ― Sen. Basiru

The Senate on Saturday described as false the report making the rounds that it was considering passing the contentious Social Media Bill.

Rather, it said the passage of the bill was not on the card of the upper legislative chamber as the relevant committee is yet to complete necessary legislative work on it.

The Chairman of the Senate Committee on Media and Public Affairs, Senator Ajibola Basiru, in a release titled: “On That False Story On Social Media Bill by SaharaReporters”, also noted that:
“The story made up by SaharaReporters that the Senate of the Federal Republic of Nigeria is to pass Social Media Bill despite rejection by Nigerians is false and a lie concocted by the medium to ridicule and tarnish the image of the Senate.

“This report is yet another example of irresponsibility taken too far as there has not been any recommendation for passage of the bill by the Senate. By deliberately publishing falsehood, SaharaReporters is not only doing no good to the nation but it is also shooting itself down as its recklessness and incredulity would always speak against it.

“The Senate wishes that Nigerians will be circumspect, shunning gullibility which makes them to lap up those invidious write ups and begin to comment on non-existent issues. If some people have chosen the path of perfidy wanting to bring the nation and its sacred institutions down, Nigerians must be wary and unwilling to be led by those to believing the false fabrication.”

According to him, the Senate conducts its sittings in the open and matters for consideration are well laid out “and therefore, would not require anyone’s investigation to ‘dig’ out what the Senate would do”.

He added that the relevant committee of the Senate has not submitted its report for the bill to be passed at all or surreptitiously as claimed by SaharaReporters.

“We will not allow unscrupulous writers to denigrate the Senate and ridicule the great work that is on-going. SaharaReporters must be afraid to see the platform where they peddle their trade of falsehood tampered with, even at that, there should be no need to lie so brazenly,” the Senate spokesman said.

Water Resources Bill: Plans To Grab Land For Fulani Herdsmen ― Gov. Ortom

Law & Society Magazine
-
0
Water Resources Bill: Plans To Grab Land For Fulani Herdsmen ― Gov. Ortom

Governor Samuel Ortom of Benue State on Saturday described the report of the federal government in conjunction with the National Assembly plans to bring back National Water Resources Bill as a guise to grab land for Fulani herdsmen.

The governor who said that the bill was rejected in 2018 by the 8th national assembly called on the present lawmakers in both the Senate and House of Representatives to reject the bill in the interest of the country.

In a statement issued and signed by his Chief Press Secretary, Terver Akase, the governor said the bill which seeks to bring all water sources (surface and underground) as well as river banks under the control of the Federal Government through its agencies is anti-federalism and negates the right of Nigerians to their God-given resources.

Ortom said Section 13 of the Bill, states thus: “In implementing the principles under subsection (2) of this section, the institutions established under this Act shall promote integrated water resources management and the coordinated management of land and water resources, surface water and groundwater resources, river basins and adjacent marine and coastal environment and upstream and downstream interests.”

He described as curious, the reintroduction of the National Water Resources Bill, which was rejected in 2018 by the 8th Assembly, stating that those pushing for the passage of the bill at all costs have a surreptitious motive which is not yet clear to other Nigerians.

“He (Ortom) says the bill, in addition to its provisions which are at variance with the Land Use Act, is disguised land-grabbing legislation designed to grant pastoralists unhindered access to river basins, adjacent marine and coastal environments across the country.

“The Governor maintains that the bill is another version of Ruga which objective is to create grazing areas in the 36 states of the federation for herders and their livestock.

“He commends socio-cultural organizations such as Afenifere, Ohaneze and Middle Belt Forum for speaking against the reintroduction of the bill at the National Assembly.

“Governor Ortom urges the federal lawmakers to act as true representatives of the people for the sake of posterity and to remember that the destiny of the country lies in their hands.

“He advises Senators and Members of the House of Representatives to toe the path of honour by rejecting the National Water Resources Bill like the 8th Assembly did,” the statement read in parts.

Human Rights Violation: Laws Are Many But Labourers Are Few — Falana (SAN)

Law & Society Magazine
-
0
  • ”The harvest is plenty but the labourers are few; there are numerous provisions but where are those to enforce them? – Femi Falana, SAN

A popular human rights lawyer and human rights activist, Mr. Femi Falana, SAN, has compared the state of things in Nigeria with the biblical saying “the harvest is plenty, but the labourers are few”.

Falana said that on the 27th of August, 2020, during a webinar organized by the Legal Torch Initiative (a dedicated and result-driven initiative for law students in Nigeria and Africa) on Human Rights in Nigeria with the topic “Human rights violations in Nigeria; time to end impunity and the way forward”.

The learned silk further explained that  there are numerous human right laws operative in Nigeria however, there are few individuals to drive home the provisions.

Other various human right issues he discussed ranged from incessant arrest, disobedience to court orders, abuse of rights, police harassment and so many others.

The renowned human rights activist and lawyer out of his vast knowledge of the law advised that in cases of harassment by law agencies, action should be brought against the law enforcement agency as well as the officer or officers involved to ensure that justice takes it full course.

The discussion was put together by the Initiative under the leadership of the Founder/President , Oluwatosin Olaniran and Vice President, Peace Adebayo. The discussion was geared towards evaluating and repositioning human rights in Nigeria and its attendants laws and perspectives and also to proffer solutions to the abuse of human rights in Nigeria.

Others at the event include Executive Secretary, NHRC, Femi Aborishade, Tope Akinyode, ACP Ishaku Basiran and Prince Henry Shield.

The virtual discussion was wonderfully moderated by a popular broadcast journalist in Ibadan, Mr. Oluwaseun Akinola.

Mr. Femi Aborishade, a legal practitioner and human rights activist expressed concerns that we live in a society where not everyone’s life matters and added that when there is injustice, resistance is inevitable.

Quoting a reputable African author, he described the present situation as “the African state waging war against the African people” adding that “the African state is arbitrary”.

Femi Aborishade explained that in this part of the world, rights are not given but fought for and won.

He urged Nigerians to take advantage of Section 40 of the 1999 Consitution of the Federal Republic of Nigeria (as amended), campaign and take their stands against medical tourism and campaign for the equality of the power of the rulers and the ruled.

On the other hand, Tony Ojukwu, Esq (Executive Secretary, National Human Rights Commission) stated that human rights issues in Nigeria are always a challenge to discuss.

He further explained that there has been a notable improvement in human rights in Nigeria considering what used to be during the Military Regime and what is happening in the present.

Tony continued that  “the fact that you can approach the law enforcement agencies and report a violation of your right shows there is improvements.”

Being the Secretary to the NHRC in Nigeria, he gave a statistics of the commission’s activities per annum.

He said, in 2019, the commission received about one million two hundred thousand complains and was able to resolve about eight hundred thousand cases.

He concluded further that  some cases are often resolved instantly and the ones that lingers are often the complex ones.

Tope Akinyode, a human rights activist and lawyer expressed concerns that  that Nigeria as a country is doing bad with regards to human rights.

According to him, considering the level at which Human rights issues are handled in other countries particularly developed countries, Nigeria is seriously lagging behind.

Tope added  that the government and the Nigerian elites are the ones trying to supress human rights in Nigeria adding that the government of the day is particularly ‘intolerant’.

He said the government ought to learn from what is happening in Mali and amend it’s ways.

In his own part, Prince Henry Shield discussed the constant and unrepentant action of the government on defiling court orders.

He also emphasized the need for practical actions to be taken much more than the numerous virtual human right conferences.

Henry Shield further made a personal plea to Mr. Aborishade, admonishing him to create a platform where people can be unified and where the voices of the masses can be heard in oneness.

ACP Markus Ishaku Basiran, Head, Complaints Reponse Unit, FHQ, Nigeria Police Force in his own address advised and admonished every Nigerians to be delicate and intelligent when dealing with irrational and armed police officers.

He also made public the NPF complaints lines and the unit’s official email.

When asked about what can be done when Police Harass citizens, the police unit head as this to say “my style of policing is seeing my self as a victim, so when you see yourself as a victim dealing with an officer who is armed and is unwilling to listen, the best thing to do is to play along and follow him to the station so one can easily identify him with the particular location and then make complaints”.

ACP Markus also reiterated the Nigeria Police Force commitment towards safeguarding the rights and interests of every Nigerians at all levels.

In his closing remarks, the Founder, Oluwatosin Olaniran appreciated the distinguished panelists and participants for making it down to the platform. And expressed optimism that every points raised by the panelists will be put into consideration in order to reposition human rights in Nigeria. He further appreciated the entire team for the support and contributions.

It should also be recalled that the initiative in the month of June, 2020 organised the first and largest virtual gathering of Female Law Students in Nigeria tagged “Female Law Students Summit 2020” with the theme “The Phenomenal Woman”.

Section 893 Of The Companies And Allied Matters Act 2020 (CAMA 2020): Much Ado About Nothing?

Law & Society Magazine
-
0
Section 893 Of The Companies And Allied Matters Act 2020 (CAMA 2020): Much Ado About Nothing?

By Sam Omotoso Esq.

Much ado about nothing is an expression that implies making a fuse about something little. Example will be when a child is crying “Help she is in labour and needs to see a Doctor” because his/her mummy’s Hen at the backyard is about to lay an egg. Since CAMA 2020 became a law, almost everyone is saying something. Is it much ado about nothing? “or much ado about something?”

Introduction

On 7th August, 2020, President Muhammadu Buhari signed the Companies and Allied Matters Bill, which was recently passed by the National Assembly, into law.

Following the passage of the Bill by the senate, and the eventual signing into law by President Buhari, it was not a surprise, that he received commendations from various stakeholders in the business community and otherwise. The new CAMA has been described by the stakeholders as Nigeria’s most significant business legislation in three decades due to its new innovations which includes; remote or virtual general meetings, business rescue provisions for insolvent companies, provision for electronic filing and a lot more. But you probably know all that already. So let’s skip all that and move to the cloudy controversial area.

Section 839 (1) & (2) CAMA 2020

According to the new law, “Section 839 (1) empowers the Commission to suspend trustees of an association and appoint interim managers to manage the affairs of the association where it reasonably believes that-

(a) There is or has been misconduct, mismanagement in the administration of the association. or

(b) It is necessary or desirable for the purpose of; i. Protecting the property of the association. ii. Securing a proper application for the property of the association towards achieving the objects of the association, the purpose of the association of that property or of the property coming to the association,
iii. Public interest; or (c) the affairs of the association are being run fraudulently.”

Subsection 2 provides as follows:”1. The trustees shall be suspended by an order of Court upon the petition of the Commission or Members consisting of one-fifth of the association, and the petitioners shall present all reasonable evidence or such evidence as requested by the Court in respect of the petition.”

For better understanding, let us also consider subsection 3.

Subsection 3 provides for the hearing of the petition and the appointment of the Interim Managers by the Court with the assistance of the Commission. The Interim managers are designated by the Court or the appointment of any person who cannot do as otherwise instructed without the approval of the Court.

Why the controversies?

  1. Let us start with the part that the new law empowers the Commission to suspend trustees of an association and appoint interim managers to manage the affairs of the association.

First of all; incorporated trustee involves any community of persons bound together by custom, religion, kinship or nationality or anybody or association of person established for any religious, educational, literary, scientific, social, development, cultural, sporting or charitable purpose. Hence any organization that falls under this category can be registered as an incorporated trustee. N/B: Most churches in Nigeria are registered as INCORPORATED TRUSTEE.

Hence, this provision implies that the trustees (owners) of an organization; school, church, Ngo etc. can be suspended and a manager can be appointed to manage the affairs of the organization. For example- The owners of a school can be suspended and a manager can be appointed in their stead. Or the owners of a church (in most cases ministers in the church) can be suspended and a manager can be appointed. The law did not specify the qualification, religion or ethnic background of the manager which is a red flag. Meaning; for a church a Muslim can be appointed, for a Mosque a Christian can be appointed and for a school an illiterate can be appointed as a manager. Hilarious, isn’t it?

  1. The suspension can take place only when according to section 893(1)(a)(b)(c) there is or has been misconduct, mismanagement in the administration of the association, to protect the property of the association, for public interest sake or where it is sufficiently believed that the association is being run fraudulently.

While the major duty of the corporate affairs commission is to supervise, this provision is overreaching. Every organization has a constitution and should be independently left to manage their affairs internally. Moreso, the Act does not define what amounts to misconduct or mismanagement leaving room for deadly assumptions.

Subsection 2 of 839 provides as follows – The trustees shall be suspended by an order of Court upon the petition of the Commission…. the petitioner shall present all reasonable evidence or such evidence as requested by the Court in respect of the petition.

This simply implies that the commission cannot just suspend the trustees of an organization except by the authority of a court order after sufficient evidence in the eyes of the law has been tendered. This is still not a safe haven because “juria novit curia” it is for the court to know the law. Whatever the court considers “sufficient evidence” is sufficient evidence. Not forgetting that the Judge is a human and might be opposed to the beliefs and objects of that organization.

  1. ”Subsection 3 provides for the hearing of the petition and the appointment of the Interim Managers by the Court with the assistance of the Commission. The Interim managers are designated by the Court or the appointment of any person who cannot do as otherwise instructed without the approval of the Court.”

In my opinion, this is the most offensive part of the entire provision. The commission that brings a petition against an organization is still the same entity that “assists” in the appointment of a manager? This is just like reporting a fellow student to a teacher and the teacher gives the student who reports, a cane to flog the reported student. How unfair does that sound? This could imply that the commission still has the power to appoint anyone it deems fit to manage the organization, because the law expressly states with the assistance of the Commission. This further implies that the court will appoint from the recommendation of the commission.

What can be done?

Henry Ford once said “Don’t find the fault, find the remedy”. The provision of section 839 of CAMA 2020 is beyond all doubts faulty and can be considered draconian in a democratic society. However, what is the way out?

  1. The Court: The Socio-Economic Rights Accountability Project (SERAP) described the signing of CAMA 2020 as an illegality and has vowed to challenge it in court. Steps are already being taken in this direction.
  2. Outcry on social media and other media outlets. The social media is a very viable tool. The Christian Association of Nigeria (CAN) as a body, leaders of churches have been crying out on social media, blogs, and exclusive interviews and so on. Christians seem to be more affected by this law due to the fact that churches in Nigeria are registered as Incorporated Trustees. The outcry should not stop until the law is amended.
  3. Ultimately, the first and second remedy will still fall under this remedy. The court can order for an amendment, and the outcry on social media ultimately is for an amendment of the provision of section 893 of CAMA 2020.

Conclusion

Section 10 of the Constitution of the Federal Republic of Nigeria clearly makes Nigeria a secular state. Meaning anyone can adopt any religion he/she pleases. Any law that implies a direct opposition against any religion in Nigeria is definitely inconsistent with the provisions of section 10 of the constitution.

The CAN have asked questions like the three below and no reasonable answers have been given-

a) How can the government sack the trustee of a church which it contributed no dime to establish?
b) How can a secular and political minister be the final authority on the affairs and management of another institution which is not political?
c) For example, how can a non-Christian head of Government Ministry be the one to determine the running of the church?

As a friend will chose to put it, “we are scared of this new law because there is reasonable apprehension that this law tends to vest even more power in the centre”.

A bit of advice: To put it mildly, we might have played a role in the passage of this law. Our attitude to public hearing as Nigerians has always been it is their business. And then we are indolent and something happens we now run to equity whereas equity says it aides the vigilante not the indolent. The message to Nigerians is that whenever there is a public hearing please be interested and make use of it to advocate your concerns.

Sam Omotoso Esq, [email protected]

Senior Lawyers, Ali, Ozekhome, Aliu, Call For Caution In Forming Parallel Association To NBA, As Olumide Akpata Assures Members Of A United Bar

Law & Society Magazine
-
601
Senior Lawyers, Ali, Ozekhome, Aliu, Call For Caution In Forming Parallel Association To NBA, As Olumide Akpata Assures Members Of A United Bar

By Yejide Gbenga-Ogundar

SOME senior lawyers on Friday asked aggrieved Northern members of the Nigerian Bar Association (NBA) to stop their bid to pull out of the association over allegations that the lawyers’ body is biased.

Some Northern lawyers had on Thursday claimed that they had formed a new Bar association called New Nigerian Bar Association (NNBA). Malam Yusuf Ali (SAN) told Saturday Tribune on Friday that aggrieved members of the NBA should imbibe the spirit of forgiveness and save the association from fragmentation.

“I want to appeal to our colleagues that an eye for an eye will make the whole world blind. The spirit of forgiveness is not just a religious issue, it permeates all human affairs. Two wrongs can never make a right. The solution does not lie in balkanising the NBA.

“The Bar association commands respect because of the strength and size of its membership. Creating a parallel structure is not the solution. I just want to appeal. If we balkanise the NBA, each part becomes weaker. “We should allow reason to prevail. This is a matter that should be sorted out. We should not behave like Nigerian politicians who jump ship at the slightest disagreement to create new platforms. The result is the large number of weak political parties in the country,” the Senior Advocate pleaded.

However, speaking with Saturday Tribune, Abuja-based human rights activist and constitutional lawyer, Mike Ozekhome (SAN), described the move as a wrong venture which is dead on arrival. “It is wrong and dead on arrival. They have no reason to attempt ethnicising and religionising an innocuous dis-invitation of Malam Nasir El-Rufai, governor of Kaduna State. He was invited not as a Muslim or northerner but as a governor.

And NBA NEC bowed to popular pressure about his bad governance style, especially the daily slaughter of Southern Kaduna Christians and disinvited him,” Ozekhome said. Also speaking, Special Counsel to the Oyo State Governor, Chief Bolaji Ayorinde (SAN), described the action of the northern lawyers as one that is not feasible because they do not have the support of other lawyers.

“It is not feasible. I think it is just a few individuals and they do not have the support of the members of the Bar,” he said. Chief Yomi Aliu (SAN) said the dis-invitation of El-Rufai, in the first place, was an indication that the NBA had been taken over by politicians.

He said the withdrawal of the invitation to the governor was an unnecessary political move that has caused dissension among members. Chief Aliu said: “The NBA has been hijacked by political lawyers to the disaffection of real practitioners of law. “Elections from 2016 or so vide e-voting had been manipulated to favour members of this class.

They often engage in class wars as could be seen from the dis-invitation of El-Rufai. “One may ask what crime El-Rufai had committed that Obasanjo or Wike had not committed. Or what do we say of Iraqi warmonger, British ex-prime minister, Tony Blair?

Before the northern lawyers’ resolution, disenfranchised and cheated members of the Bar from the last election that produced Olumide Akpata had perfected schism of NBA and have over 10,000 lawyers across the country on its roll. “In fact, the last election had produced a Rehoboam and as such, a Jeroboam must arise to save the Bar from the biennial rape of majority decisions by the over-rich minority spending billions on professional elections as in the Israel of old.

However, there is one militating issue of law calling for clarification. “Have I signed away my right to freedom of association by choosing law as a profession and as such, bound legs and feet to an association to wit NBA registered as a private organisation with the Corporate Affairs Commission or whether as a Nigerian I can take benefit of the freedom of association enshrined in the constitution? From Fawehinmi case in 1985, we had our freedom to freely associate and disassociate from NBA but over time, the Court of Appeal had held that anybody that read law is in eternal bondage to NBA.

“The NBA has failed woefully, neglected and refused to protect the interest of the majority of its members. It has refused to speak to power but rather it hobnobs with power, albeit in a beggar-like manner. “The ship is filled with filth and any occupant not used to dirt is free to disembark and join or form another organisation that will protect his interest.

“Law Society of Nigeria was incorporated in 1994 as a fallout of the Port Harcourt conference imbroglio of 1992. Today, we have in the offing New Nigerian Bar Association, Nigerian Bar Society and Northern lawyers should stop bid to real NBA —SANs Bar Society of Nigeria. Some members of the Board of Trustees that could save the NBA from imminent schism became partisan by congratulating the declared winner, even when a candidate had protested in the course of the election.

“They thereafter sat and decided the petition of the declared loser, thereby throwing away the avowed principle against bias. “Certainly, this cannot be the Bar of our dream and nobody can put the rope on the neck of any lawyer to join by force. Let there be the choice as obtainable in other civilised climes or accountancy profession that has ICAN and ANAN.”

Meanwhile, the 30th president of the NBA, Olumide Akpata, has called for a united Bar to take the legal profession to a greater height. Akpata, in his inaugural speech on Friday, said the mandate he had from Nigerian lawyers is to work for all members of the Bar, irrespective of who they voted for, saying that there is so much work to be done to revitalise the NBA and make it work for everyone without discrimination. “Ours is a noble profession that prides itself on a high sense of discipline, learning, respect for seniority and character, for which its members are reputed.

“Let us, therefore, join hands to move the NBA forward. I am also not unaware of very recent events and agitations that have tended to divide our Bar along regional and religious lines. “This is rather unfortunate for an egalitarian association like ours. The Bar that I want to lead henceforth is one that is united on all fronts and that recognises that our diversity is perhaps our greatest strength. “I plead with all Nigerian lawyers to bear this philosophy of unity in mind as we commence a new journey together today,” he declared.

According to the new NBA boss, the enormous task cannot be achieved if lawyers continue to fan the embers of division at a time when they desperately need to unite and speak with one firm voice. “We must be kind, magnanimous, respectful, and sensitive in our words and actions, as doing otherwise would be a great disservice to our vision of building a stronger and formidable Bar.

Now is the time to come together because a divided Bar is a defeated Bar,” he said. Akpata said the 2020 NBA election, the voting and result of which were monitored live by a significant proportion of Nigerian lawyers and non-lawyers
alike, was ultimately free and fair and the result was, by all estimation, truly reflective of the will of Nigerian lawyers.

He added: “The above notwithstanding, it would be remiss of me not to acknowledge that there were several glitches in the build up to the election. “As Nigeria’s foremost professional Association, our electoral process ought to be the standard for others to follow and should, to the extent humanly possible, be devoid of the glitches that we witnessed.

“It was with this in mind that I personally wrote two separate letters to the ECNBA Chairman on 20th July 2020 and 29th July 2020 to highlight the issues that threatened the conduct of a credible election and to recommend measures to immediately address those concerns.

“The consensus is that there is need to urgently review the 2020 elections and to institute urgent reforms of our electoral systems.” He constituted a 12 member committee which he pledged to implement whatever recommendations they come up with well ahead of time to ensure that the 2022 election is devoid of those glitches noticed in the 2020 election and to set a standard that others will aspire to.

The forming of the NNBA was announced through a statement on Thursday, signed by the conveners of the new group, Mr Nuhu Ibrahim and Mr Abdulbasit Suleiman. The aggrieved Northern lawyers insisted that their action was based on Section 40 of the 1999 Constitution which provides that “every person shall be entitled to assembly freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any association for the protection of his interests.”

The statement reads: “The New Nigerian Bar Association members, gleaning from the above constitutional provision, feel that their interests are no longer taken into consideration in major decisions of the NBA hence the formation of this association.

“What has been happening recently has exposed the inability of the NBA to manage and contain the heterogeneity of its embers as well as their various interests. Its penal powers have been deployed discriminatively on the basis of ethnicity and regionalism.

“As a body of lawyers who have undergone training towards ensuring the promotion and protection of human rights and liberties, the NBA is supposed to live above sentiments, regionalism and discrimination on any basis and of any kind.

“Therefore, the NBA cannot afford to be seen not to be upholding the rights and freedom of its own members, if at all it should be seen to be practising what it preaches. “As the Hausa saying goes: Idan Kura tana magainin Zhao, ta yi ma kanta (if hyena has cure for diarrhea, let her use it for herself).

“The New Nigerian Bar Association has been watching the activities of the NBA, an association we all looked forward to joining with high hopes before being called to the Nigerian Bar, forcing idiosyncrasies of a few on the majority of its members, especially in recent times. “No wonder NBA NEC, which is the highest decision-making organ of the association failed to uphold the fundamental principles of fair hearing which, in itself, is the fundamental aspect of the rule of law on the allegations against the Executive Governor of Kaduna State, Malam Nasir Ahmad El-Rufai, as contained in a petition by Chidi Odinkalu Esq., a longtime foe of His Excellency and a lawyer of the eastern extraction.

“But the NBA failed to extend the same treatment to Southern invitees who were also petitioned and are also alleged to have committed similar or more human rights abuses than those alleged against Malam El-Rufai. “It is pertinent to state that the NBA membership as currently constituted can be termed ‘Mandatory Membership Association’ which, for all intents and purposes, is against the provisions of the constitution since the ground norm recognises freedom of membership of every association.

“As Section 40 of the Constitution of Federal Republic of Nigeria1999 provides as follows: ‘Every person shall be entitled to assembly freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any Association for the protection of his interests.

“The New Nigerian Bar Association members, gleaning from the above Constitutional provision feel that their interests are no longer taken into consideration in major decisions of the NBA hence the formation of this Association. “A cursory chronicle of the membership composition of major organs of the NBA would reveal lopsided representation despite having large numbers of lawyers from all parts of the country and especially Northern Nigeria who have diligently paid their Bar practising fees and have distinguished themselves in the legal profession.

“The New Nigerian Bar Association feels that lawyers, as professionals like doctors and accountants, should have more than one association regulated by the General Council of the Bar. “The Legal Practitioners Act (LPA), which regulates the legal profession in Nigeria, did not establish the NBA. In fact, the NBA was established as an Incorporated Trustee by the Corporate Affairs Commission (CAC).

“It is no longer gainsaying that a group of lawyers can freely join any lawful association for the protection of their rights and interests as lawyers and citizens of Nigeria pursuant to the above-cited Section 40 of the constitution. “Even Section 1 of the Legal Practitioners Act, which seemingly conscripts all Lawyers in Nigeria to Mandatory Membership of NBA, is, for all intents and purposes, at loggerheads with Section 40 of the constitution which makes the former null and void and of no effect whatsoever.

“The constitution remains the supreme law of the land to which all other laws, including the LPA are subject. “Section 1(3) of the constitution states that: ‘If any other law is inconsistent with the provision of this constitution, this constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void’.

“On the basis of the foregoing, some lawyers of like mind and duly called to the Nigerian Bar have decided to form the New Nigerian Bar Association with the aim of protecting their interests as encapsulated under Section 40 of the constitution.

“Members of this Association have commenced consultations with very Senior Lawyers of Northern Nigeria extraction and those practising therein with the view to constituting the Trustees and for purposes of fixing a date for the formal inauguration of the Association. “The inaugural date of the association, being apolitical and geared at taking and protecting the interests of lawyers of like minds, shall be communicated. Please watch out.”

Nigeriantribune

What Is Wrong With Section 839 Of CAMA 2020 – The Power To Suspend The Board Of Trustees Of An Association?

Law & Society Magazine
-
1
What Is Wrong With Section 839 Of CAMA 2020 – The Power To Suspend The Board Of Trustees Of An Association?

By Prince Uzeme Olomu-Agbodo

The recently passed Companies and Allied Matters Act (CAMA) 2020 has been generally hailed as a positive move in the right direction. That is, until someone pointed out the new powers granted to the Registrar General of the Corporate Affairs Commission (CAC) via Section 839 of the Act. This article attempts to analyse the “offending” Section 839 to bring out its defects, if any. This will be done seriatim.

The section grants the CAC the power to suspend the trustees of an association and appoint an interim manager(s) to manage the affairs of that association upon a reasonable belief of the occurrence of any of 6 conditions. The conditions are misconduct/mismanagement, need to protect the association’s property, need to redirect the association’s property towards its objects, public interest or fraudulent running of the association’s affairs.

But is this power absolute? Absolutely not!

The section goes on to state the authorized body that can actually suspend the trustees. That body is the Court. What this means is that the CAC can only petition the Court for the suspension of the trustees but do not possess the power to suo motu suspend the trustees, contrary to what sub-section (1) suggests.

The second point to note is that it is not only the CAC that can make the petition. The petition can also be made by one-fifth (that is 20 percent) of the members of the association.

Another point of note is the fact that the petition cannot be bare. The petition, whether by the CAC or the stated members, must be supported by reasonable evidence, or such evidence requested by the Court to be presented.

And the CAC cannot bring any suspension petition to the Court unless the Minister’s approval is first sought and obtained.

The last point to bring out is the fact that the section clearly provides that suspension of trustees shall not exceed 12 months.

So let us take a look at the checks and balances contained in the law.

  1. The CAC cannot unilaterally suspend the Board of Trustees of any association.
  2. The CAC must first gather reasonable evidence before commencing the process that should culminate in the suspension of the offending trustees.
  3. Such reasonable evidence must be evidence that can stand up to scrutiny in court.
  4. The CAC must secure the approval of their supervising Minister before applying to Court. It is implied here that the reasonable evidence gathered must first be presented to the Minister for his approval.
  5. After obtaining the Minister’s approval, there is one more hurdle for the Commission: File a Petition for Suspension of Board of Trustees to the Court.
  6. The gathered evidence will then go through a second scrutiny by the Court.
  7. It is only when the Court is satisfied that the Order to suspend the trustees would be made.
  8. The Court’s power to suspend the Board of Trustees is limited to 12 months only. After 12 months, there would be a reversion.
  9. As a side note, the power to petition the Court for this Order can also be exercised by 20 percent of the members.

At this point, the question needs to be asked. What is wrong with Section 839? It is this writer’s opinion that the section is very much in order. The fear that the Commission has been given wide ranging autocratic powers to take over or annex NGOs, religious bodies and other associations is, to my mind, unfounded. There are enough checks and balances contained in the said Section to prevent any autocratic or high handed execution.

This writer is also aware that there are far onerous laws guiding associations and incorporated trustees in other countries, especially in the western world. A lot of the bodies complaining about the Section 839 obey far worse governing laws in UK, USA and other countries. So it smacks of double standards to obey the same laws in other countries but the same organisation then turns around to rail against the laws of their own land.

For example, in the United Kingdom, the right to remove a trustee of a charitable organisation is contained in the Companies Act 2006 and in the Trustee Act 1925.

There are four ways in which a trustee can be removed from office:

[a] by express provision in the trust deed;

[b] under section 36 of the Trustee Act 1925;

[c] under section 41 of the Trustee Act 1925; or

[d] under the court’s inherent jurisdiction.

The court in UK enjoys an inherent jurisdiction to force a trustee out of office. Guidance on this ability was offered by the Privy Council in Letterstedt v Broers

Furthermore, the Charity Commission for England and Wales in its published Guidance titled, “The essential trustee: what you need to know, what you need to do” states in paragraph 3.2 thus: “CIOs must include provisions in their constitutions for appointment and removal of trustees. The Commission can use its powers to appoint or remove trustees if the charity’s trustees (or members, if applicable) are unable to do so. CIO means Charitable Incorporated Organisation which is the same as Incorporated Trustees in Nigeria.

The United States also has similar provisions regarding the appointment and removal of charitable trustees. And it is a constant across all these nations that trustees can be removed for breach of trust, conflicts of interest, costs, and the need to tie up loose ends, etcetera.

The argument has been raised about whether the Nigeria section 839 will be administered neutrally and impartially. The first response is that that same fear can be raised against any laws anywhere in this world. That fear cannot prevent the enactment of laws reasonably designed for a civilized society. Else, as Thomas Hobbes stated, our lives would be nasty, brutish and short.

The second response would be what has been stated severally in this piece. The section contains enough balances to prevent the actualization of such fears. For the exercise of the Commission’s power of suspension of the Board of Trustees, three levels of approval must first fall in line – the Commission itself, the Minister and the Court.

In summary therefore, we should all applaud the inclusion of Section 839 in CAMA. It would earnestly grow the culture of proper corporate governance, engender financial transparency, record keeping and the reduction of profligacy among our non-governmental organisations, religious bodies and other incorporated trustees.

Prince Uzeme Olomu-Agbodo, Legal Practitioner

Pendulum: Time to Tell Ghana to Stop Harassing Nigerians

Law & Society Magazine
-
0
Pendulum: Time to Tell Ghana to Stop Harassing Nigerians

BY DELE MOMODU

Fellow Nigerians, please permit to offer a quick apology. I had planned to conclude Chief Bode Akindele’s serialised tributes this week, but man proposes, and God disposes. A matter of urgent national importance necessitated this sudden change of plans.

Let’s now go quickly to the latest bad news from Ghana on how Nigerian traders are being maltreated. I will rely heavily on the well-scripted release by Alhaji Lai Mohammed, Minister of Information, and dissect the numerous issues and thorny problems that we’ve been faced with and continue to endure, as Nigerian citizens, as if we are orphans. But before I do this, let me confirm and reiterate that this resentment against Nigerians did not start today. Despite our almost unbreakable (I will explain) ties to Ghana, we always experience these altercations from time to time. Once upon a time, in 1969, to be as precise as necessary, Nigerians, mainly of the Yoruba race, were sacked from Ghana. It was such an emotional and tumultuous period for those involved. Many prosperous traders suddenly metamorphosed into paupers overnight. I stumbled on heart-rending pictures of some of the returnees last night as I was researching this piece. No one would expect such amongst brothers and sisters as we claim to be. The scars remained.

So, when Ghana started facing its own difficulties, they fled to Nigeria. Interestingly, some tribes in Ghana trace their origins to Nigeria. The Ga, for example are believed to have migrated from Ile-Ife, the cradle of civilisation. Ghanaians came to Nigeria for various reasons. Nigeria was prosperous. Nigeria had a stockpile of commodities that were critically lacking in Ghana. We had many Ghanaian teachers, shoemakers, tailors, housekeepers and others. I was old enough to make Ghanaian friends on the campus of University of Ife (now Obafemi Awolowo University, Ile-Ife), including with lecturers from that country and they felt very much at home.

Then came 1983, our Federal Government, led by President Shehu Shagari, took a most devastating decision. Shagari issued an order by executive fiat asking illegal immigrants to vacate the country. The Big Brother was tired of playing its avuncular role. The world was shocked into stupor. That marked the beginning of our renewed perennial wars of attrition. Gone was the camaraderie that had persisted since the dark days of 1969. Only to be replaced by mutual distrust and fear and anger.⁰ Ghanaians left in droves, but not without feeling bruised and bloodied. This exodus gave birth to the proverbial “Ghana Must Go” bag! While the Nigerians might have forgotten their own experiences of 1969, I doubt the Ghanaians ever forgave or forgot the 1983 experience. Not many Nigerians even remember today that it first started from the old Gold Coast.

That is the background to what has snowballed into another round of skirmishes today. I have spent substantial periods in Ghana in the last 25 years. I have made fantastic friends, and interacted with wonderful Ghanaians, including all the Presidents and Vice Presidents, since the time of President Jerry John Rawlings to date. I mentor many students, and even TroTro drivers (like our own Molue Drivers) easily recognise me as a Nigerian Chief and somtimes call me Igwe. I probably know the Ghanaian terrain more than my home country Nigeria. I have travelled by road to all regions of Ghana, up to the farthest places like Bolgatanga and Wa. I enjoy Ghanaian food and often partake in the Saturday rituals of Waakye at Aunty Muni or Nyaniba Estate and Sunday after-service delicacies at Labadi.

I celebrated Ghana to the extent some Nigerians got angry. But I have been a fanatical disciple of the Osagyefo, Dr Kwame Nkrumah, from secondary school and got addicted to his book, Africa Must Unite. I dreamt perpetually about that nebulous unity and I was happy when ECOWAS came into being.

When I first arrived Ghana in 1995, I instantly fell in love with Accra. I saw a city on the rise. Accra prepared me for my eventual journey into exile in England. My Ghanaian friend and Brother, Fritz Baffour, was extremely warm and affable. I promised to come back one day as I boarded my flight into the unknown.

As promised, I did come back to my adopted country. I decided to establish an arm and a leg of Ovation International. It was a big affair, led by then Senate President Adolphus Wabara and Governor Bola Ahmed Tinubu. I later established a weekend publication called the African Star. I also opened the most deliciously delightful and beautiful restaurant, called The House of Ovation in Osu, Accra. However, slowly but steadily, I lost my major investments in Ghana. The hostility from government officials against Nigerians was real. I will need to do a PhD thesis on it.

There was another major problem. The stigmatisation of Nigerians as scammers, drug barons and armed robbers. Ovation International worked hard to showcase our global players, Mike Adenuga, Aliko Dangote, Tony Elumelu, and others too numerous to mention here. As a counterbalance, we did extraordinary stories on Ghanaian women who were married to stupendously wealthy Nigerians. We discovered the women were less cantankerous, but the men viewed us with disdain possibly borne out of seeming competition. They mistake, or better still confuse, our confidence and assertiveness as arrogance. A few Ghanaian men also married our beautiful ladies and we brought these relationships to limelight. The former Secretary General of the United Nations, Dr Kofi Annan and the current President, Nana Akufo-Addo are two high profile Ghanaians who secured two, and one lovely offspring, respectively, from their Nigerian heartthrobs.

Then our banks came, after which we landed Accra in multitudes. The pathfinder was the indefatigable Tony Elumelu with his Standard Trust Bank (later merged with United Bank for Africa, the global bank). Others soon came in strength. They employed and paid some of the best salaries in town. The colours of our banks littered the landscapes of Accra, everywhere you turned. The brightest and biggest Nigerian brand took over the whole of Ghana, courtesy of the Spirit of Africa, Dr Mike Adenuga Jr. He took many Ghanaian icons out of the groves and turned them into Glo Ambassadors. He rebranded the football fans and lit up everywhere with a kaleidoscope of supernatural artworks. The Bull faced challenges but never gave. Who hosted best and biggest events, including the unmatchable GLO-CAF awards, An evening with Wole Soyinka, and others. The razzmatazz was always out of this world and talk of the town.

We came in with our typical American cowboy bravado. But that’s who we are. Our students came in with their dollars. Their teachers labelled them as being too flamboyant and boisterous. Our superstar artists invaded the land. Ghanaians reacted that Nigerian movies should be banned, an impossibility. Ghanaian actors had to travel to Nigeria to blow bigger. As you know, Nigerians love foreigners endlessly. A Ghanaian musical group, VIP, now known as VVIP, even lived in Lagos. We loved them. I invited many Ghanaian artists to the Ovation Red Carol in Lagos and were handsomely renumerated. I also took some of our topmost musicians to Ghana and provided opportunities for collaborative deals. I hosted and launched the Actress Genevieve Nnaji at a swimming pool dinner at the Labadi Beach Hotel. I can go on, ad infinitum.

Let me give more examples. I enjoyed a cordial relationship with Hon. Minister of Tourism, the great Jake Obetsebi Lamptey (RIP), and we supported his tourism plans. We produced crispy pictures of tourism destinations in Ghana and thousands of copies were shipped to foreign destinations. Ghana became a major attraction to high spending Nigerian visitors. I promoted the hotels, like the popular La Palm Royal Beach Hotel, as well as the property markets and got a few Nigerians to buy into Trasacco Valley, Villagio, Airport Residential, Spintex estates and others. Our strategy was to thaw the frozen relationship that seemed to linger eternally. President John Agyekum Kufuor and his wife, Mother Theresa, as I fondly called her, were phenomenal. Kufuor even named one of the longest streets in Accra after President Olusegun Obasanjo in appreciation of his massive support for Ghana. He built on the foundation of friendship between Ghana and Nigeria that was laid by President Jerry John Rawlings and his wife, Nana Konadu Agyeman-Rawlings. I invited Rawlings and his entire family to Nigeria. Governor Babatunde Raji Fashola even hosted Rawlings to lunch at Governor’s Lodge, Marina.

I have taken pains to write this long preamble in order to demonstrate our genuine efforts as Nigeria, the giant of Africa, at building powerful bridges. I was aware of all that Nigeria did to support Ghana in its moments of need, but some Ghanaian politicians have never wasted any opportunity to throw tantrums at us. How can any country treat a country that contributed this much as a liability? One Minister once threatened me that I would only put my restaurant close to his house, over his dead body. Ironically, he was away in hospital the day we opened. I had secured the support of our then High Commissioner, Senator Musiliu Obanikoro, and he was solidly with me, but my potential assailant was nowhere to be found. I thank God we opened without anyone’s dead body.

I was aware of how most African leaders often crisscross Nigeria in search of election donations but soon become unreasonably cocky on attaining power and do nothing in return for their generous benefactors. Nigeria has really suffered in this Africa. But I think time has come now to stop being Mumu. We must set pre-conditions, spell out deliverables and even sign MOUs before we support African countries and leaders who often come cap in hand. Even Santa Claus deserves some respect. You can’t like my money and hate my face. Ingratitude is a sin even in the Holy Bible. It is one of the reasons I loved the humility of the late President John Evans Atta Mills. As soon as he won his elections, he travelled to Nigeria to personally thank his benefactor and spiritual mentor and Guru, Prophet Temitope Balogun Joshua and he later invited another illustrious supporter, Nigerian businessman, Araba Jimoh Ibrahim, to his Inauguration and offered him a banking licence. This is a decent thing to do.

I was therefore shocked to my marrow to discover that the rapprochement was no longer holding. I simply couldn’t believe the ballistic tweets recently fired from the Foreign Minister of Ghana, Hon. Shirley Ayorkor Botchway, from a newly opened Twitter account, just to justify the high-handedness against Nigerians in Ghana which shattered the illusion of peace and harmony that had prevailed for some time. She kept referring to a deliberate Act of government designed to eliminate Nigerian traders in particular. It is like hiding behind one finger. I believed these thinly veiled insults must have triggered the powerful response issued by Alhaji Lai Mohammed yesterday. We must continue to tell those who take us for granted that the sluggishness of a tiger, periodically, is not out of cowardice. We love every African, but this must not be taken for timidity. I have the pleasure of reproducing the clear message that gave me hope yesterday… Please, enjoy…

“Nigeria Will No Longer Tolerate Harassment of Its Citizens in Ghana.

The Nigerian Government is deeply concerned by the incessant harassment of its citizens in Ghana and the progressive acts of hostility towards the country by Ghanaian authorities and will no longer tolerate such.

In this regard, the Federal Government is urgently considering a number of options aimed at ameliorating the situation.

The Federal Government has been documenting the acts of hostility
towards Nigeria and Nigerians by the Ghanaian authorities. These include:

Seizure of the Nigerian Mission’s property located at No. 10, Barnes Road, Accra, which the Nigerian Government has used as diplomatic premises for almost 50 years. This action is a serious breach of the Vienna Convention.

Demolition of the Nigerian Mission’s property located at No. 19/21 Julius Nyerere Street, East Ridge, Accra, another serious breach of the Vienna Convention.

Aggressive and incessant deportation of Nigerians from Ghana. Between Jan. 2018 and Feb. 2019, 825 Nigerians were deported from Ghana.

Closure of shops belonging to Nigerians. Over 300 Nigerians shops were locked for four months in Kumasi in 2018; over 600 Nigerian shops were locked in 2019 and, currently, over 250 Nigerians shops have been locked.

Residency Permit requirements, for which the Ghana Immigration Service has placed huge fees, far higher than the fees charged by the Nigerian Immigration Service. These include the compulsory Non-citizen ID card (US$120, and US$60 for yearly renewal); Medical examinations, including for Covid-19 which is newly-introduced (about US$120), and payment for residency permit (US$400 compared to the N7,000 being paid by Ghanaians for residency card in Nigeria)

Outrageous stipulations in the Ghana Investment Promotion Centre Act. When the Act was initially promulgated in 1994, a foreigner is required to invest at least US$300,000 by way of equity capital and also employ 10 Ghanaians. This Act has now been amended twice, with the 2018 GIPC Act raising the minimum capital base for foreign-owned businesses to US$1m. Though targeted at foreigners, it seems GIPC’s definition of foreigners is Nigerians. The GIPC Act also negates the ECOWAS Protocol.

Media war against Nigerians in Ghana. The negative reportage of issues concerning Nigerians resident in Ghana by the Ghanaian media is fuelling an emerging xenophobic attitude towards Nigerian traders and Nigerians in general. The immediate fallout is the incessant harassment and arrest of Nigerian traders and closure of their shops.

Harsh and openly biased judicial trial and pronouncement of indiscriminately long jail terms for convicted Nigerians. There are currently over 200 Nigerians in the Nsawam Maximum prison in Ghana alone.

The Federal Government will like to put on record the fact that even though over 1 million Ghanaians are resident in Nigeria, they are not being subjected to the kind of hostility being meted out to Nigerians in Ghana.

Also, Even though the main reason given for the seizure of Federal Government property at No. 10, Barnes Road in Accra is the non-renewal of lease after expiration, the Ghanaian authorities did not give Nigeria the right of first refusal or the notice to renew the lease.

By contrast, the lease on some of the properties occupied by the Ghanaian Mission in Nigeria has long expired, yet such properties have not been seized.

Nigeria has time after time demonstrated its fidelity to the long cordial relations with Ghana. But indications, especially in recent times, are that Nigeria’s stance is now being taken for granted and its citizens being made targets of harassment and objects of ridicule. This will no longer be tolerated under any guise.

In the meantime, the Federal Government wishes to appeal to its citizens resident in Ghana to remain law abiding and avoid engaging in self-help, despite their ordeal…”

Pendulum By Dele Momodu, Email: [email protected]

Defacing The Media Professional Duties With Sociopolitical Stratifications: The Highlight Of Press Freedom In Nigeria

Law & Society Magazine
-
0
Defacing The Media Professional Duties With Sociopolitical Stratifications: The Highlight Of Press Freedom In Nigeria

By Evans Ufeli Esq

The video footage of Mr. Femi Fani Kayodes outburst after a journalist inquired to know his sponsors of his recent tour of states’ projects across Nigeria has garnered remarkable commentaries on the propriety or otherwise of the question asked by the journalist and the attendant reactions of FFK at a press conference held in Calabar. Whilst there were broad commentaries condemning the assault of a journalist by a former minister whom people believed should know better, there lies little or no concrete information on the root causes of such outburst howbeit uncivilized.

Part of the problems to this shenanigans is that Nigeria maintains an inequitable socio-economic and disequilibrium society with unfair labour practice which instigates professionals to rally around politicians for survival/livelihood

The journalists, policemen, teachers and the host of other professionals work in a system that constantly keeps them at the verge of survival, toiling in a very harsh labour regime that undermines their careers, thereby truncating their aspirations because they are often not well remunerated. These people battle with survival alongside discharging their professional duties and are susceptible to collecting gratification and sacrificing the ethics of their profession in the light of such economic barrage.

Nigerian politicians, knowing how economically disabled most professionals are, capitalize on their economic ailment to do incalculable damage on their psyche. FFK could address the Journalist brashly with incivility at the press conference because the reporters often receive gratification to get the job done against their professional ethics, the excuse for this often given is that the reporters are underpaid by their employers and so it is not out of place for them to receive kickbacks from politicians or whoever to get the job done. At the point in the conversation the journalist forgets the cryptic manifestation of damage that this will cost him , to a professional scale.

This for me is more of a class struggle dispute between the elites and the commoners. The commoners live with the huge suspicion, justifiable though, that the political elites undertake projects or assignments for reasons beyond what they are willing to disclose and are often sponsored by hidden hands or kingmakers who have surreptitiously mastered the art of manipulating society with underlining ulterior motives to either enslave them to a deeper degree of weighbridge or elongate their captivity thus keeping the curve of freedom unflattened for as long as perceivable . On the other hand, the elites, seeing the commoners are under ruthless bondage, scorn them with derogatory remarks, disparage their reputation in the estimation of the right thinking members of the society,hence forcing them to remain timid and lost in the depth of ignominy and hopelessness.

The job of a journalist is of national importance. Section 22 of the 1999 Constitution as amended empowers the press to hold government accountable to the people at all times. The press, radio, television and all agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter and uphold the responsibility and accountability of the Government to the people. The above-mentioned provision confers a far-reaching national assignment on journalists to serve the society, part of which requires them to carry out investigative reportage, ask probing question and interrogate the unthinkable to bring society up to speed to its level of growth, development or decay.

With this huge assignment, the journalist comes under an obligation to go to any length to get to the truth and report same in line with ethics of the profession. It is therefore uncalled for to yell at a man under such national assignment, to cow him into submission, so as to enable you evade a simple question.

The press is under an obligation to know the motive behind the project and the possible sponsors for a detailed and balanced story. Politicians in Nigeria corrupt whatever they come in contact with. The legal profession and the court system have suffered same in the hands of politicians who are bent on circumscribing the nobility of the profession for selfish gains and leaving it in shambles of perpetual distress.

The media must be courageous, brace up to bigger challenges and empower their reporters economically to remain independent of the political class or run the risk of being dragged and disgraced all the time for want of compliance to rules set for them by political underdogs who seek to have their ways at all cost in the scheme of things.

Evans Ufeli Esq is a Legal Practitioner, he writes from Lagos Nigeria.

We Will Soon Enroll Others In CRMS, GSI Policy — CBN Director

Law & Society Magazine
-
15
We Will Soon Enroll Others In CRMS, GSI Policy — CBN Director

Mr Kevin Amugo, Director, Financial Policy and Regulation Department, CBN, on Friday said that talks were ongoing with other financial institutions, to bring them on board the Credit Risk Management System (CRMS).

Amugo made the announcement at a webinar in Lagos, organised by CRC Credit Bureau Limited, in association with Dun and Bradstreet.

The CBN director said that the sea routes to Global Standing Instruction policy(GSI) was the CRMS.

The News Agency of Nigeria (NAN) reports that the theme for the meeting was: GSI and Credit Bureau: “Strengthening Credit and Collections Management in Nigeria “.

” We have started conversations with them; very soon, they will be enrolled in the CRMS and invariably enrol in the Global Standing Instruction policy (GSI) and begin to reap the benefits of the GSI policy.

” Other financial Institutions are very important segment to CBN credit policy due to their huge numbers.

“Why we agreed that we should also enrol them in GSI is in terms of their great number, because they are the major users of the information of the credit policy.

“We have about 28 Deposit Money Banks(DMBs) but the number of other financial institutions are in thousands, that is why it is important for us to ensure that what we are doing to other DMBs, the same is done to them,”he said.

According to him, they are also the major funders of individuals and Small and Medium Enterprises.

Amugo explained however, that the reason other financial institutions were not registered with CRMS was because the apex bank was not directly linked to them.

He said that DMBs had their application systems linked directly to CBN and directly render returns on the platform.

He said that these were some of the things CBN would first of all look out for so as to enable it vouch on the integrity of their returns rendition and how they keep their accounts.

The General Manager and Chief Risks Officer (CRO), Union Bank PLC, Mrs Olajumoke Odulaja, said that the application of GSI would allow DMBs recover bad debt.

“It will improve loan portfolios because we will be able to recover bad debt and reduce credit risk premiums.

“It will also improve lending confidence, increase credit penetration and economic growth etc.

“For customers, it will restrict access to credit for chronic defaulters.

“The long term impact will be to improve credit culture, favourable credit terms-pricing and easy access to credit facilities, etc,”she said.

Mr Olumide Osundolire, Partner Banwo and Ighodalo, ccommended CBN for the policy and urged that the guidelines be reviewed.

“I commend the CBN for this policy; it should have the effect of strengthening the credit sector.

“But I will suggest that the guidelines be reviewed and an additional information be provided to address the information gap as it currently exist.

“Adequate information needs to be provided and that clarity will always strengthen the system, provide guidelines for people who want to do the proper thing and also give people clarity about their rights, duties and obligations,” he said.

He advised borrowers to be more careful when they sought to obtain credit facilities, urging them to always pay attention to details of the document by reading them properly.

The GSI, which went live on Aug. 1, was introduced to facilitate an improved credit repayment culture and reduce Non-Performing Loans (NPLs) in the banking industry.

It is also aimed at watch-listing consistent loan defaulters.

According to the apex bank, “The GSI serves as a last resort by a Creditor bank, without recourse to the Borrower, to recover past due obligations (Principal and Accrued Interest only, excluding any Penal Charges) from a defaulting Borrower through a direct set-off from deposits/investments held in the Borrower’s qualifying bank accounts with participating financial institutions”.

(NAN)

1...859860861...965Page 860 of 965

Law & Society Magazine is a general interest magazine with a bias for law and its effects on the society

Contact us: [email protected]

© 2024 Copyright - Law & Society Magazine