Nseobong Okon-Ekong writes that the quest for a constitution fashioned by the people continues to occupy a prime place in the national discourse

From the beginning of the current dispensation in politics, there have been sustained attempts to amend the constitution. Indeed, many successes have been recorded in amendment to several parts of the 1999 constitution. To many ardent proponents of what is being canvassed as the peoples’ constitution, the alterations so far made on the 1999 constitution amounts to tokenism. The current leadership of the National Assembly has, as well, like previous assemblies established a constitution review committee, which has embarked on extensive tour of the country to collect the views and opinions of the people.

There is an army of agitators who hold the strong opinion that the 1999 Constitution was bequeathed to Nigerians by the military and does not represent the wishes and aspirations of the people to ensure good governance. They have, therefore, been campaigning for a new constitution fashioned by the people.

At different times this year, Order Paper Nigeria (OPEN) with support from Engage, Reform and Learn (PERL) of the United Kingdom Foreign and Commonwealth Development Office (FCDO) organised different fora to aggregate the concerns and feedback on identified issues for constitution amendment by the 9th National Assembly.

The OPEN Constitution Conversation Series were designed to raise public awareness and engender citizen engagement and participation in the all-important process of alteration of the 1999 Constitution (as amended). The conversations were convened both online (webinars) and offline and featured recognized and respected individuals in Nigeria and Diaspora as speakers and panelists on the OPEN – OrderPaper Parliamentary Engagement Nigeria – platform.

The OPEN Series is a purpose-built programme tailored to bridge the gap between citizens and the National Assembly and serve as a platform for interaction and consultation between the legislature and wider civil society, media and the private sector on legislative matters. The platform is also planned to facilitate linkages between citizens and other governance actors including the legislature in response to the gap in citizen engagement created by the COVID-19 pandemic. The OPEN Series is being implemented as webinars and meet-ups hosted on virtual platforms and also via physical meetings. Targeted audience include the broad civil society community in Nigeria, targeted stakeholders, constituents and citizens generally. Each OPEN event produced an outcome document with which stakeholders can further engage the policy and legislative process.

Four of these conversations have held virtually in the six months between May and October, 2021. The focus was on separate thematic issues requiring constitution amendments to strengthen democracy and citizen participation in governance; efficiency in local government administration; improve Public Finance Management through streamlined budgeting processes and auditing; and generally improve transparency and accountability in the conduct of government business towards effective service delivery.

The overriding objective of the OPEN Constitution Conversation Series is to broaden the scope of public participation and secure wider inputs from citizens on identified constitutional issues so as to enrich and further confer greater citizen buy-in on the outputs of the National Assembly Ad-Hoc Committees on Constitution Review beyond the statutory public hearings already conducted by the legislature.

The expected outcome is that the Constitutional Amendment Bills that would be eventually passed and transmitted to the President of Nigeria for assent would significantly reflect the concerns, wishes and aspirations of Nigerians across board.

Review of OPEN Series Events

The OPEN Constitution Conversations centred on (i) Nation-building and the Imperative of Constitution Review; (ii) Timeline for Passage of and Assent to Appropriation Bills; (iii) Efficiency of Local Government Councils; and (iv) Strengthening Public Auditing through Constitutional Amendment.

On May 26 via Zoom, the theme, ‘ Nation Building and Constitution Review,’ was thoroughly discussed by guest speakers and panelists: including Senator Ovie Omo-Agege, Deputy President of the Senate, and Chairman, Senate Committee on Review of the 1999 Constitution (as amended) represented by His Chief of Staff, Dr. Otive Igbuzor; Hon. (Prof.) Julius Ihonvbere, Member, House of Representatives; and Mazi Sam Ohuabunwa, accomplished businessman and elder statesman. The conversation was moderated by the Executive Director of OrderPaper Nigeria, Mr. Oke Epia.
Some of the observations were that the zonal public hearings on the review and amendment of the 1999 Constitution (being) organized by the National Assembly was an opportunity to receive feedback and inputs from citizens and groups. The National Assembly listed 17 issues for discussion at the zonal public hearings. The 2014 National Conference Report is one of the main documents being used by the Senate Committee on Constitution Review in its work.

The current constitutional review process is limited with respect to citizen participation as it is elitist instead of being people-driven, process-led, transparent, consultative, and participatory. The National Assembly does not have a monopoly in representing the people of Nigeria as Nigerians are also organized and represented by their state governors, state legislators, private sector organizations, labour organizations, social-cultural unions/association, etc all of which require engagement on the constitution amendment process.

Members of the National Assembly in both the Senate and House of Representatives have immense roles individually to play in citizen engagement to extract feedback from their constituents. A fundamental problem facing Nigeria is the question of leadership in the executive, legislature, and judiciary branches of government in that when leaderships fail or is compromised, it becomes difficult to carry out reforms that place citizens at the heart of the efforts

Going by these observations, it was resolved that, the Constitution review process should be participatory, consultative, transparent, process-led, and people-driven. It should involve more citizen engagement at the local government areas and state levels instead of just at the zonal level Representatives of a wide range of citizen groups and Nigerians in Diaspora should be encouraged to contribute to the constitution review process through different and granular organizing. The National Assembly should work with Civil Society Organizations (CSOs), Community Based Organizations (CBOs), and other interest and professional groups to actualize broad-based consultations and citizen engagement on the constitution review process.

Despite observed short-comings, Nigerians must engage and optimize the ongoing constitution review process to make their voices heard and have their positions imputed as much as possible in the outcome. The media, a key stakeholder and voice of the people, should be properly mobilized and utilized to reach out and get feedback from the people. The outcome of the Constitution review process should include a deliberate liberation of Nigeria’s federating units so states can be fully independent of the Federal Government. The Constitution should be freely accessible to all Citizens of Nigeria including being made available in local languages throughout the country. A key outcome of the Constitution review process should be the promotion of social inclusion; as well as protection of weak, vulnerable groups and the poor in society.

Another outcome of the Constitution review should be a reduction in the cost of governance; and a systematic allocation of more percentage of budgets to capital projects rather than recurrent expenditures. Civil Society Organizations (CSOs) and the media should ramp up their advocacy roles in engaging Legislators at the sub-national levels in the performance of their functions of oversight and provision of checks and balances on the Executive arm of Government at those levels. Gender representation and equality should be considered at all stages in the process of the Constitution amendment just as women’s right should be enshrined in the amended Constitution to ensure and promote inclusiveness. State police should be a priority in the amended Constitution, but a Constitution-backed check-and-balance system should be initiated to prevent abuse by the governors. The National Assembly should strongly consider and mainstream reports from past national conferences into the current amendment process. To dispel concerns that the current Constitution amendment exercise may be a political jamboree, the National Assembly must ensure that the process intentionally has the citizens of Nigeria as main beneficiaries.

Local Government and Constitution Review was the theme for OPEN Conversation series on July, 16 via Zoom. Some of the
guest speakers and panelists were Senator Sadiq Umar, Chairman, Senate Committee on Rules and Business; Barr. Okoroafor Okechukwu, National Legal Adviser of the Nigerian Union of Teachers (NUT); Comrade Ambali Olatunji Akeem, National President, Nigeria Union of Local Government Employees (NULGE); and Dr. Adebola Bakare, Department of Political Science, University of Ilorin. The conversation was anchored by the Executive Director of OrderPaper Nigeria, Mr. Oke Epia.

Following the expressed opinions of the panel of speakers and contributions from participants, the following observations and resolutions were made, the ongoing amendment of the 1999 Constitution being organized by the National Assembly is an avenue to get the long desired Local Government autonomy achieved. The Executive and National Assembly has demonstrated a genuine interest in bringing to birth the imperative of local government autonomy. The state governors have domineering strength over local government councils which has over the years crippled their productivity . State governors and states Houses of Assembly are spotted as impediments to achieving local government autonomy. There are gaps in citizen mobilization and leadership recruitment at the grassroots

Full autonomy to the local government is long overdue and should be vigorously pursued in the ongoing amendment to tenaciously combat the rising level of insecurity in Nigeria since all problems in the country are traceable to the grassroots. Local government autonomy will make local government administrators seat up to give room for creativity which will give room for development of local contents through the rise in Small and Medium Scale Enterprises which will in no measure contribute to the national GDP

The need for the total abolishment of Joint Account Allocation Committee (JACC) and ensuring direct allocation to local government areas from the federation account to avoid state governors from putting hands into Local Government funds. The National Assembly should strongly consider ensuring a uniform tenure for local government chairmen across the country to avoid the use of caretaker committees being constituted by the governors and by ensuring INEC takes over the conduct of local government elections. The forum identified state houses of assembly as strong barriers to the achievement of local government autonomy, hence the need for stakeholders to intensify engagement of the Constitution amendment at the level of state legislatures. Primary education funding should be made a first line charge, with the proposition that 40% of education budget be borne by local government councils while states and federal government should take care of 60%. There is need for right-thinking persons to manage the affairs of local government councils which can be achieved through the effective mobilization and participation of people at the grassroots in local politics

OPEN Constitution Review sessions by OrderPaper should be sustained to address topical issues in the Constitution review exercise so that resolutions can be channeled to the appropriate quarters at the National Assembly.
The third conversation dealt with Timeline for ‘Assent of Bills and Passage of Appropriation Bills.’ It held via Zoom on August 16. The guests speakers and panelists including Victor Muruako, Executive Chairman, Fiscal Responsibility Commission (FRC), Prof. Mojeed Alabi, Professor of Political Science and former lawmaker; and Mr. Bolutife Oluwadele, Policy Analyst and Chartered Accountant. The conversation was anchored by the Executive Director of OrderPaper Nigeria, Mr. Oke Epia.

Following the expressed opinions of the panelists, these were the observations. The ongoing amendment of the 1999 Constitution by the National Assembly is an avenue for issues around the Annual Appropriation Bill to be addressed. The Executive and Legislature branches of government were commended and encouraged to sustain collaboration in maintaining the January to December Fiscal Calendar attained recently. There were gaps identified in projects monitoring and evaluation thereby creating accountability loopholes at different levels of budget implementation. Effective citizens’ participation at all stages of the budget circle needs to be ramped up to bolster accountability demand by citizens. Institutionalization of timelines for budget submission, passage and assent circle will help private and public sector, foreign investors, and the citizen make the right economic forecast and to put to an end the notion of seeing the budget and ‘annual ritual’.

The need for thorough scrutiny of budget proposals by the National Assembly should be taken seriously and not as a mere ‘ritual’ that has not yielded quality results on the lives of citizens. The need for sanction for defaulters in the budget implementation process cannot be overemphasized as such will promote the culture of discipline within MDAs saddled with one responsibility or the other within the budget process. The forum stressed the need to beam accountability searchlight on the budget process of the sub-national (states and local governments) level since much attention has been placed on the Federal Government with little or no attention on the States and LGAs. Budget performance reports by MDAs should be quarterly submitted to the appropriate quarters to provide accountability on how funds approved and disbursed are being utilized. Continual citizen enlightenment and orientation on the importance of the annual budget to their daily lives is important as well as general awareness of the legislative process is key to achieving the production budget.

Strengthening Public Auditing Through Constitutional Amendment was the theme of the fourth discourse on October 18 via Zoom guest speakers and panelists were Senator Bashiru Ajibola, Chairman, Senate Committee on Media and Public Affairs; Dr. Greg Ezeilo, Technical Adviser, Public Accounts Committee, House of Representatives; Dr. Adetunji Ogunyemi, Economic Historian from Obafemi Awolowo University. The conversation was anchored by the Executive Director of OrderPaper Nigeria, Mr. Oke Epia.

The ongoing amendment of the 1999 Constitution by the National Assembly is a window to push for a constitutional amendment on issues bordering around the Office of the Auditor General of the Federation. The forum commended the effort of the eighth (8th) and ninth (9th) National Assembly for driving the efforts to birth workable legal frameworks for effective financial management, particularly for the Office of the Auditor General of the Federation, stressing that the present and subsequent administrations could win the fight against corruption through an effective audit system. It was emphasized that the financial and administrative independence of the Office of the Auditor General of the Federation (OAuGF) will help in the effective delivery of auditing tasks at the national and sub-national levels. It was noted that the Office of the Auditor-General’s office (OAuGF) lacks prosecuting powers to prosecute defaulters. It was observed that regular capacity building for Public Accounts Committees of the National Assembly will enable effective examination of reports coming from the Ministries, Departments, and Agencies through the Office of the Auditor General of the Federation

The National Assembly is encouraged to harmonize observations from the Executive in order to secure Presidential assent to the Audit Commission Bill . Elite consensus is needed in upholding the Constitution’s provisions for driving institutional reforms for the good of the citizenry at all levels of governance, irrespective of political affiliation and personal interest. The Office of the Auditor-General’s office (OAuGF) need to be independent to help in the effective delivery of auditing tasks at the national and sub-national levels. It was agreed that only experts with a minimum of 15 years working experience in auditing and accounting be appointed to drive the needed changes in the Supreme Audit Institution. It was proposed that a provision in the new Constitution should guarantee the security of Auditor General’s tenure. It was recommended that the Public Accounts Committees of the National Assembly should undergo regular capacity building exercises. The Office of the Auditor General of the Federation is encouraged to engage the service of Forensic Accountants. There is need to digitalize Nigeria’s audit system with modern technology to enable the Office of the Auditor General to carry out its work on public financial management effectively.

The meeting called for the establishment of an Audit Tribunal that will help in timely prosecution of defaulting individuals and MDAs when needed. It was emphasized that a swift and effective audit system is a key strategy in winning the fight against corruption; therefore, the Office of the Auditor General of the Federation should be empowered to conduct quarterly audit of reports of MDAs to avoid backlog of reports as seen in previous years. Nigerians were encouraged to support the National Assembly to ensure that critical matters like the independence of the Office of the Auditor General of the Federation is achieved to promote accountability and transparency

QUOTE 1

The expected outcome is that the Constitutional Amendment Bills that would be eventually passed and transmitted to the President of Nigeria for assent would significantly reflect the concerns, wishes and aspirations of Nigerians across board

QUOTE 2

State police should be a priority in the amended Constitution, but a Constitution-backed check-and-balance system should be initiated to prevent abuse by the governors. The National Assembly should strongly consider and mainstream reports from past national conferences into the current amendment process. To dispel concerns that the current Constitution amendment exercise may be a political jamboree, the National Assembly must ensure that the process intentionally has the citizens of Nigeria as main beneficiaries

By Sam Omotoso Esq, ACarb

Introduction

Few years back in the United States, a singer who was caught with narcotics was made to stand trial. He was found guilty and upon conviction he was asked to sing one of his very popular songs in court, and also sing at an orphanage for one month under supervision, after which he was said to have fully discharged the punishment ascribed to him. This form of punishment is known as non-custodial punishment.

Non-custodial sentence is a criminal sentence not requiring imprisonment. Thus it is a court-imposed criminal sentence that, subject to stated conditions, releases a convicted person into the community instead of sending the criminal to jail or prison.

Forms of non-custodial punishment

A fine is the most common form of non-custodial punishment given by the courts. The offender must pay a fixed sum of money. If they don’t pay, they could get a prison sentence. This form of non-custodial sentence is mostly optional. Hence the sentence could be fine or imprisonment.

Community Correction Order (CCO) which prescribes standard conditions such as stating that an offender must not commit any offence and additional conditions including supervision, community service work, curfews, alcohol and drug abstinence, non-association, place restriction, programs and treatment. In instances like this, the court can order that the offender work with the environmental service department in a state to pick dirt on the street.

Driving Disqualification under which a court can impose a driving disqualification period preventing a person from driving during a given period of time.

Why should non-custodial sentence be encouraged?

The words of the former Chief Judge of Lagos State, Hon. Justice Opeyemi Oke (rtd.) is instructive here;

“Today in Nigeria, we have seen countless cases where defendants are arrested for minor offences such as burglary and wandering; they are locked up in our prisons for the flimsiest reasons to join the teeming population awaiting trial inmates. They are in our prisons with hardened criminals and by the time they come out they have been initiated into a life of crime and are ready to spread terror, death, and destruction in their post-prison escapades.”

There are several reasons. In my opinion, the most germane reason will be the fact that there is a great need to entrench certain measures to drastically decongest the Nigerian Correctional Facilities.

For clarity, let us view the 2020 statistics from the Nigerian Correctional Service. The population of the total inn mates was about 72,627. Exactly 50,737 (70%) had not been tried. This includes those that were locked in a correctional facility (prison) for stealing petty things like a fake wristwatch, a phone charger or even a loaf of bread, and unfortunately they might remain in that situation for long. In certain instances, the years some inmates spend awaiting trial is far more than the years of imprisonment ascribed to the crime they are awaiting trial for. Not forgetting the fact that they might be innocent.

The large number of those awaiting trial has overstretched the capacity of most Nigerian correctional facilities resulting in overcrowding of such correctional facilities. Hence it is imperative that for minor offences the non-custodial method of punishing offenders should be considered.

It is trite in law that for a person to be convicted for an offence, that act must be prohibited by law (Nulla poena sine lege). Furthermore, the punishment should as well be prescribed. It will therefore suffice to state that for non-custodial punishment to be meted out; it must be prescribed in our laws. The question that will then beg for an answer is whether or not non-custodial punishment is permitted and prescribed in the Nigerian legal jurisprudence. The answer is YES.

The Nigerian Correctional Service Act 2019 established the Nigerian Non-Custodial Service. Under part II, it provides for its functions, power to make regulations and guidelines and allowing for parole, probation, community service, restorative justice measures and any other non-custodial measure assigned to the Correctional Service by a court of competent jurisdiction (section 37). It will therefore suffice to state that Non-custodial punishment is not entirely strange to our legal system, however it is still novel.

Furthermore, they have been instances where the courts in Nigeria have tested the waters of the non-custodial punishment system.

According to the cable news report on the 22^nd of October 2022, a Judge sitting at the High Court in Oyo state ordered a convict of Advance Fee Fraud to sweep the Court premises for 6 months and refund the 2,400 dollars, SUV, laptop and iPhone which he procured as a result of his illegal activities. This was on request of the convict’s counsel.

On 18^th August 2021, a Sharia court in Fagge, Kano state ordered a convict who was found guilty of stealing the Holy Qur’an to sweep the Mosque premises for 30 days as punishment.

A Judge of the FCT High Court also ordered a convict to sweep Bannex plaza premises for two months.

Conclusion

It is evident, that certain judges already use the Non-Custodial punishment option while most judges are still in the dark. In my candid opinion, the non-custodial sentence is largely beneficial, due to the fact that it will aid decongestion in our correctional facilities and still meet the three major purposes of punishing offenders which includes – deterrence, rehabilitation and retribution.

By Akorede Folarin

Introduction

In its bid to enhance financial inclusion and financial development in Nigeria, the Central Bank of Nigeria (CBN) recently released Regulatory Framework and Guidelines for Mobile Money Services in Nigeria (The Framework). According to the CBN, the success of mobile telephony in Nigeria and the quick adoption of person-to-person payments have made it critical to adopt mobile telephony as a channel to drive financial inclusion and create an enabling regulatory framework for mobile money services in Nigeria.

Scope of the Framework

The Framework (a) provides the structure for the operation of mobile money services in Nigeria, (b) specifies the basic functionalities expected of any mobile money service and solution in Nigeria, and (c) identifies and defines the roles and responsibilities of the participants in the mobile money services ecosystem, including delimiting the minimum technical and business requirements for them to operate.

The Framework specifies two models for the implementation of mobile money services provision in Nigeria, namely:

1. the Bank-Led model, with a bank or consortium of banks as Lead Initiator; and
2. the Non-Bank-Led model, with corporate organizations duly licensed by the CBN to provide mobile money services as Lead Initiator.

As such, while the CBN appreciates the importance of Mobile Network Operators (MNOs) and the infrastructure they provide in the operations of mobile money services, the Framework does not recognize the telco-led model where MNOs are the lead initiator. According to the CBN, this exclusion has been made to give the apex bank full regulatory control over monetary policies, minimize risks and ensure that financial services are driven only by organizations within the CBN’s regulatory purview. This is rather curious, as mobile money services in Africa was popularised by Safaricom and Vodafone, which are MNOs.

Operation of Mobile Money Services

Upon duly acquiring the relevant licence from the CBN, Mobile Money Operators (MMOs) can engage in the following activities, namely: (a) wallet creation and management; (b) e-money issuing; (c) agent recruitment and management; (d) pool account management; (e) non-bank acquiring; (f) card acquiring; and (g) any other activities that may be permitted by the CBN.

On the other hand, they are not allowed to (a) grant any form of loans, advances and guarantees (directly or indirectly); (b) accept foreign currency deposits; (c) deal in the foreign exchange market except as prescribed in Section 4.1 (ii & iii) of the extant Guidelines for Licensing and Regulation of Payment Service Banks in Nigeria; (d) deal in Insurance underwriting;  (e) accept any closed scheme electronic value (e.g. airtime) as a form of deposit or payment; (f) establish any subsidiary; (g) undertake any other transaction which is not prescribed by the Guidelines; nor (h) carry out any other activities that may be prohibited by the CBN.

Savings Wallet

If an MMO intends to provide a savings wallet service i.e., a wallet earning interest, it shall notify the CBN and obtain a “no objection” approval before proceeding with setting it up. Where an MMO operates a savings wallet, on no account whatsoever shall a savings wallet account holder suffer diminution in the principal sum on his/her wallet as a result of fees or charges. Also, fees for the management of the investment shall not be more than 10 per cent of interest income on savings wallet funds investment.

With regards to the operation of the savings wallet, the MMO must expressly inform subscribers of the following: (a) the minimum balance on the savings wallet that qualifies to earn interest; (b) the allowable number of withdrawals to be entitled to earn interest; (c) the minimum savings period to earn interest; (d) the applicable balance that would earn interest; (e) the procedure for determining interest amount distributable to subscribers, which should stipulate the minimum percentage of interest income to be distributed to subscribers and the proportion to be retained by the MMO, if applicable; and (f) that the applications of the above provisions in distributing interest shall be automated.

In addition, funds on saving wallets must be invested in only the Nigerian Treasury Bills (NTB) in which case MMOs shall be treated as mandate customers of CBN for NTB subscription through the CBN NTB window.

MMOs must have a process to determine the appropriate cash balance on their Savings Wallet Principal Pool Account to meet their savings wallets customers’ withdrawal requirements at every point in time.

MMOs are also required to comply with the minimum disclosure requirements on their financial statements as stipulated by the CBN and with the relevant Know Your Customer (KYC), Customer Due Diligence (CDD) and Anti-Money Laundering (AML) requirements.

Consumer Protection

In line with the objectives of the Framework which includes ensuring user confidence in the services, the Framework contains minimum requirements that are geared towards protecting the interest of the consumers of the MMO services. Another provision of the Framework that should further protect consumers is the fact that the CBN has powers to order any MMO exiting from the mobile payments system to meet its outstanding obligations.

Reporting Requirements

MMOs are required to submit monthly reports to the CBN which include the nature, value, and volume of transactions; incidents of fraud; nature and number of customer complaints and remedial measures taken; and any other information as may be prescribed by the CBN. Furthermore, audited annual returns of the MMOs must be filed with the CBN within the first three months after the year-end or 31^st of March.

Enforcement and Sanctions

The Framework gives the CBN a wide array of powers to ensure compliance. Section 24.0 specifically provides that “the CBN may take any corrective action against the MMOs as may be prescribed from time to time”. In addition to this, the CBN may withhold corporate approvals, impose financial penalties, suspend the MMO from operation, and revoke the MMO’s license.

Conclusion

According to the Access to Financial Services in Nigeria Report 2021, at least 55% of the Nigerian population remains unbanked as of 2020. Financial inclusion is a critical ambition for many of Africa’s developing economies and the introduction of the Framework and Guidelines for Mobile Money Services in Nigeria is certainly a monumental step forward towards achieving that for the continent’s most populous nation. For a country with over 187 million mobile or SIM connections and over 104 million mobile internet users according to DataReportal, the Framework and Guidelines will no doubt go a long way to promote financial development and financial inclusion in the country.

***Akorede Folarin is a corporate/commercial lawyer with Olajide Oyewole LLP (A Member of DLA Piper Africa). He has a keen interest and developing expertise in Fintech, Capital Markets, Private Equity and Mergers & Acquisitions. He can be reached at [email protected]

Families in Benue and Plateau states are offering their children to be trafficked for cheap labour in Oyo, Ogun, Lagos, Ekiti, Osun, Kwara, Ondo and Edo states among others. With over 10, 000 children taken out as child labourers from Benue State yearly, stakeholders say it was time authorities curb the dangerous practice where parents willingly railroad their children into child labour in farmhouses in remote forests. GBENGA SALAU, who visited Benue and Plateau states, chronicles how children are being sold into hard labour at an age when they should be enjoying parental care.

Although Benue and Plateau states have domesticated the Child Rights Act, children in these two states are still being trafficked to most parts of the country to serve as domestic help, farm assistants, and sex workers. 
  
While some parents willingly give out their children, human trafficking syndicates collaborate or trick others into giving out their children.
  
After coming to terms with the enormity of human trafficking going on within its domain, the Benue State government, this year, set up an anti-human trafficking task force, in addition to the anti-trafficking efforts of the Federal Government, through the National Agency for Prohibition of Trafficking in Persons (NAPTIP), which has been in operation for about a decade. 
  
All these efforts notwithstanding, stakeholders reveal that child trafficking is on the increase in most rural communities of both states and is being fuelled by the constant displacement of families in affected communities due to conflict and the constant face-off between herdsmen and farmers. This is in addition to poverty and lack of basic social amenities in these communities, including schools, especially senior secondary schools. 

Although statistics regarding the sheer magnitude of child trafficking is difficult to come by, the International Labour Organisation (ILO) estimates that 10,000 children are trafficked each year. 

A 2021 Trafficking in Persons Report on Nigeria, by the United States Department of State, said that the Ministry of Labour and Employment (FMLE) reported that it conducted 9, 877 inspections resulting in the removal of 2, 996 children from potential child trafficking conditions, and officials referred 1, 067 of the identified children to the government’s social services. The FMLE did not provide statistics for 2019. Despite these actions, workers employed in the informal economy, including children working in agriculture, domestic work, and artisanal mining remain highly vulnerable to trafficking.

In Benue State, age-long practices, poverty, the lack of basic social amenities and ignorance contribute immensely to parents trafficking their children to cities. And in some cases, children in Benue and Plateau states become breadwinners from age five, serving variously as house helps, farm assistants, or sex workers in communities over 500 kilometres away from their ancestral homes.  

However, many of these children, who usually leave their villages with excitement, often regret ever taking such trips, due to the ill-treatment meted to them by their “employers.” 

Charity Onah Ogwuma, from Etu Ochodu Ukpa, in Benue State, who left home for Abuja, at the age of eight to serve as house-help for an “auntie,” narrated her experience: “My dad has two wives and my mum is the second wife. The bait was for me to stay in Abuja as a house help, from where I would also be sent to school. There was also the promise that I will be well taken care of. But it was all a ruse.”  

All the promises never came to pass, as Ogwuma claimed that she went through hell, a development, which eventually forced her to run back to the village that she left with a lot of expectations, years later.
  
She recalled: “The night I was to leave the village, I did not sleep because of the excitement of going to the city. But the maltreatment started on the way to the city, with barking and scolding whenever I expressed myself about the new things that I observed during the trip. 

“Since it was the first time that I would see a satellite pole, I exclaimed, ‘see light in the sky!’ I got a very excruciating knock on the head as the journey progressed. Apart from that day, every time that I stayed with her, I was maltreated. Even when her husband intervened, she never changed, but only scolded and beat me more when the husband was not around. 

Faith“Every day, I went to bed very late and woke up very early in the morning. I dared not eat food leftover by her children, or what they brought back from school, except she instructed me to do so. What I experienced was like living in hell hence my return to Benue State, but my father promptly returned me to her. However, I had to leave again a few months after when the maltreatment became worse in 2002. After I finally left, my mother’s last child was sent to live with her, and she claimed she suffered worse maltreatment than I ever experienced.” 

Ogwuma eventually returned to the village to complete her primary education but was impregnated and married off before she completed her secondary education.

Faith Samuel, from Plateau State, suffered a similar faith to Ogwuma’s. She never knew her father who died when she was barely a teenager. Consequently, she and her siblings were sent out to serve as house helps. 

When this reporter visited Samuel’s village, a remote community in Riyom Local Council, the 16-year-old who, at her age had served as house help and did menial jobs in Kaduna and Abuja, stood out among the other children in the community. 

Samuel first worked as a domestic servant in Kaduna when she was about eight years old. She served under a certain Madam Joy, who often visited her (Samuel’s) village to railroad children to the cities for domestic duties. 

After a short while, Samuel fled to her uncle’s place because she was not happy with the treatment meted to her by her madam. Since she did not find succour, where she fled to, her elder sister, who resides in Abuja picked her up as returning home was not an alternative.

Even though the high cost of living finally forced Samuel to return home from Abuja, her two other siblings who left home earlier than she did, are still serving in faraway places from their home. While one of them is in Kano, supposedly living with an uncle, the other is in Lagos, serving as domestic staff and can only be reached through her madam’s mobile phone number.   

Orphaned And Farmed Out
WHILE Samuel is lucky that her mother is still alive, 14-year-old Emmanuel Monday, also from Plateau State is not so fortunate; he lost both parents very early in life. He spent only a few weeks in Kaduna State, where he was hired as a domestic staff. He claimed he ran away from the family because of serial abuse. 

Francis Otoja was 14, when he left home in 2006 for Akure, Ondo State, alongside seven others from a community in Benue State, to serve as farm assistants. He had just completed his Junior Secondary School (JSS) education when his friend told him about going to the city to “hustle.” The friend also provided the link to the man who eventually took them to Akure.

Unfortunately for Otoja, a disagreement ensued between him and his boss, only weeks after his arrival on the farm, when he was allegedly accused wrongly. He left Ondo immediately while his friend stayed back and later relocated to Lagos from Ondo.

“A lot of human trafficking activities are going on in the villages. The traffickers freely move from one village to the other taking children from their parents, especially mothers, whom they promise that their children would work in the cities for one year and thereafter return home,” Otoja said.
The youngster who noted that the traffickers are 
very strategic noted: “They usually come around during the long holidays,” he said, adding that illiteracy, the quest for quick money, and parents’ ignorance of the risks that their children face were some of the factors that have sustained the ignoble trade. 

“On the children’s part, it is the overarching ambition to move to new environments, and experience city life that is usually too attractive for them to resist,” he said.
 
A community leader in Tanjol, Plateau State, Gyan Davou, who said that insecurity has compounded child trafficking in his community, lamented that families have been displaced as a result of conflicts, while children are often attacked and killed on their way to and from schools. 

“Many parents give their children out for safety reasons, while also reaping some economic benefits. This is aside from the lack of basic social amenities,” Davou explained, adding that some parents do not know where their children end up, after being released to persons that could be called traffickers.

Chundun Danladi, a mother of five, falls into this category. After the death of her husband, her farmland was ravaged by herdsmen. Confused and at her wits’ end, she parcelled her five children to Kaduna and Abuja, where she hopes they are still serving as house-helps and nannies.  

Poverty As The Driving Force
JOL in Riyom Local Council of Plateau State is about 42 kilometres from Jos, the state capital, but the decrepit state of basic amenities there is in sharp contrast with what is obtained in Jos. From the council headquarters – Riyom Town to Jol is about 11 kilometres, but a greater portion of the road is not motorable. It takes a very rugged vehicle to drive through. 

Also, there are three narrow old bridges between Jol and Riyom Town, which is on the Jos-Kaduna Road. Right beside them is wider alternative bridges that have been under construction in the last one decade. The primary and junior secondary schools in the community are in ruins and pupils from the community and neighbouring villages travel not less than 12 kilometres daily to their schools, a development that makes many drop out and opt for city life.  
Child Trafficking On Increase In Benue State

A member of the Benue State Anti-trafficking Task Force and founder, Ogedegede Community Development Foundation, Michael Awo Ejeh, revealed that child trafficking is on the increase in Benue State. 

According to him, in October 2019, his organisation got a call from Adeniji Police Station, Lagos Island that a girl, identified simply as Sarah, from Igede, had been rescued from under a bridge, in Lagos, where she was living and running errands for drug users and traders.

“The Child Protection Network Coordinator for South West also called me. Our Lagos team visited and asked the girl, who was 13 years old then, some relevant questions. It was from there that we found out that it was her stepfather who gave her out as house-help at five, and she was moved from place to place,” Ejeh said. 

By the time of her rescue, Sarah had served seven households, with the last ‘mama’ that she served being over 80. 

Her dubious step-father who would sign a year’s contract on her behalf and collect lump sum usually visited her again after three months and instruct her to run away. He would, afterwards take the girl to another location and sign a fresh contract and so on. 
 
“We tricked him to Lagos and got him arrested by the police. Her mother who connived with the stepfather was also arrested by the Police,” Ejeh added.

Ejeh further revealed that sometime in September 2019, a 12-year-old girl, Mercy, also from Igede, who was loitering around Oyingbo, Lagos, was identified by a young Igede woman. 

“The girl was taken to Denton Police Station, Oyingbo, Lagos, after I was briefed. She identified her parents and village. She was a house-help and was sent out of the house by her madam, who was over 70. 

“She had trekked for three days and had slept on the roadside for three nights before she was found. She said she was attempting to trace her way back to Benue to meet her parents,” Ejeh narrated. 

“Thereafter, efforts were made to contact the girls’ relatives, and the family assigned one person to interface with my team, which came to Lagos after three weeks, identified the girl, who was eventually released to me by the police for proper care.”

Igede Children Vulnerable To Trafficking
ACCORDING to Ejeh, within Benue State, Igede children are vulnerable to trafficking, smuggling and illicit migration, and this is due to endemic poverty, lack of social infrastructure, underdevelopment, parents’ greed, the craving for greener pastures by youths, the antics of traffickers and cheap labour merchants, as well as the culturally permissive economic and labour migration among Igede people.
 

A wooden bridge at Uwokwu community in Oju LGA. A community leader claimed there are more than 50 wooden bridges in Igede<br />He said: “The Igede people are a very small ethnic group in Benue and Cross River states respectively. The population is often manipulated to continue to render them both economically and politically subservient to the larger ethnic groups. Consequently, there is absence of necessities of life in most Igede communities, such as electricity, potable water, recreational facilities, employment opportunities and good agricultural machinery for farmers. As a result of this, families offer their children to be trafficked for cheap labour in other states. The parents negotiate wages with the traffickers, some of whom are either middlemen or big-time farmers in the South West.

“The farmers recruit over 10, 000 children yearly as child labourers. These children are kept in farmhouses in remote forests of Oyo, Ogun, Lagos, Ekiti, Osun, Kwara, Ondo and Edo states. The children work in cash and food crop farms, such as cocoa plantations, cassava, rubber plantations, pepper farms, yam and cocoyam farms. They are involved in all the processes, such as clearing, cultivation, weeding, application of pesticides, harvesting, peeling, garri-making and transportation, among others. Some of the farm owners are related to the children, while some are community members or total strangers. At the end of the year, depending on the agreement, lump sums not exceeding N100, 000 are paid to their parents, family members, or guardians. Sadly, many of these children return home empty-handed after their folks had collected their wages. Many are cheated, harmed or killed. The lucky ones get back frustrated and depressed. On the flip side, some are lucky to get paid and they get back to either get married, build a house or continue schooling.”

Government’s Role In Curbing Trend
THE Executive Director, Voice For the Girl Child Foundation, Mildred Bakwo, explained that with insecurity and poverty, child trafficking has become a norm in Plateau, as a lot of displaced parents feel that it is better to give out their children. 

“It is becoming a serious issue in Plateau State, and it is something that should be looked into critically,” she said. 
  
On the government’s role in checking the trend, she said the country has so many useful laws, including the Child Rights Act, which, ordinarily, could be a tool to check it, but that the challenge lied with implementation. So, the state government needs an agency that is saddled with the responsibility of checking child trafficking. The work could be a bit too much for the Federal Ministry of Women Affairs and Social Development, even though they have the Child Welfare Department. If we get experienced persons to man the agency, people who understand the issues better, and how to bring perpetrators to book, it would go a long way in addressing the challenge,” she added.

Bakwo continued: “Before now, child trafficking in Plateau State was very minimal, but the statistics went up due to unending crises, which led to many people being displaced. Someone who is displaced with 13 children would be very glad if two or three of the children are taken off her. So, if people are increasingly displaced like what we have in Plateau State, the government can, at least, shelter them, compensate the children with education (scholarship plan). This would stop the parents from releasing their children to strange people anyhow.  
  
“So, the government needs to take time to create awareness, especially in the rural communities, because traffickers usually comb rural communities, where people are ignorant, and some parents usually do not care as long as something is remitted back home,” she said, adding that the “government needs to regain the people’s confidence. If these basic amenities are there, the people will not give out their children for cheap labour considering that every mother wants to have her children under her care. But the truth is that poverty has eaten deep into our fabric, and people are looking for means to survive. We do not have a policy on birth control, so people give birth to children that they cannot cater for. These are critical issues that we are not paying attention to.”
  
She added that “community leaders have a major role to play in curbing the trend. So, if we can get people that can serve as community volunteers to keep a tab on children in communities so that once a child is not seen, or is about being taken out, the community leader should be able to ask questions as, who is taking the child? Where are they taking the child to, and for what purpose? And the community should be made to report to the local council through the Social Welfare Department, and the local council reporting to the state and a coordinating unit,” Bakwo suggested.
    
She stressed the need for many parents to be conversant with the many variants of child trafficking “because many of them in rural communities feel that when they release their children to any aunty who resides in Abuja, Kaduna or Lagos, they are assured of greener pastures for their children and they feel very comfortable about. Indeed, they do not know that they are committing a crime. So, people need to be informed because an informed society is a better society. When people know better, they will act better,” she said.

Both the Plateau State Commissioner for Information, Dan Manjang, and the Chief Press Secretary to Benue State Governor, Nath Ikyur, did not pick their calls. 

Text messages, which were sent to them after the second round of calls equally failed to yield results.

However, while Manjang called back, and directed The Guardian to speak to the Commissioner for Women Affairs and Social Development, Rebecca Adar Sambo, for better insight, Ikyur did not reply to the text message and never called back.  

When Sambo was contacted penultimate Friday, she promised to get feedback across. She never did. When reached again, she denied consenting to speak on the matter, saying she needed to consult her permanent secretary and the director on the issue before speaking. When again contacted at the agreed time, she did not pick her calls.  

Support for this story was provided by the Media and Gender Project of Premium Times Centre for Investigative Journalism 
#CREATESAFESPACES

This is the second part of our treatise on the rule of law that started last week. The rule of law is about the creation of laws, their enforcement so that no one – including the most highly placed citizen – is above the law.

When one looks at how organised countries have control over their affairs, one sees how the weakest as well as the strongest face the same law and get the same justice when they get caught with a misdemeanour.

In an ideal country, those who are at the helm of affairs are ever mindful of doing the right thing. But our country used to be like that. What went wrong that along the way things so deteriorated that state actors assume superiority over the state itself? Civil servants and even political appointees no longer remind, guide, or nudge their bosses to uphold the best standards.

For instance, a source said he watched an NTA Kaduna interview session with the late General Hassan Usman Katsina in July 1987. General Katsina was the governor of Northern Nigeria before General Yakubu Gowon created 12 states. The interviewer asked General Hassan how he compares the governors of nowadays and his time (1966). This was his reply…

“I am going to give you an example and you can figure out the answer yourself. When I was the Governor of Northern Nigeria, Dr Abubakar Imam was the General Manager of Kaduna Capital Territory. In that year, we decided to allocate plots for the present GRA in Kaduna. I applied. KAT conducted the exercise. All the plots were allocated, but I was not given. I did not care to find out why. After the exercise, Dr Abubakar Imam came to my office, and he came with my application. He told me they had finished the exercise. He also said that he saw my application. However, he said they did not consider me qualified because I am the governor. He said as the leader, I should be more interested in my subjects’ interests than mine. How sure was I that all citizens who wanted the plots got allocated before I applied? He said he came with my application to tear it before me so that it will not come to me as rumour and he tore the piece of paper.”

There is also the story written by a retired 75-year-old former Confidential Secretary to Audi Howeidy, the Secretary to the Government when the late Police Commissioner, Audu Bako, was the governor of Kano State in which a Permanent Secretary queried the governor.

Alhaji Sani Danbatta was the permanent secretary of the Ministry of Finance and he queried Audu Bako for receiving 25 pounds monthly as an allowance and 125 pounds entertainment allowance. His imprest then was 100 pounds monthly. The perm sec queried why he allocated to himself allowances that were not provided for in the General Order (public service rules). Danbatta further asked the governor to refund the illegal allowances he collected in the past eight months to the treasury or be surcharged by deducting from the source.

Audu Bako summoned all the Permanent Secretaries and demanded an explanation from Danbatta, saying he did not understand the content of the query. The perm sec said, “I have no explanation to give you, I passed the query through Alhaji Audi Howeidy, the Secretary to the Government, let Howeidy as an administrator say he did not understand the content, then I will explain.”

The Secretary to the Government thereafter presented a memo to the State Executive Council seeking its approval for the two allowances to be regularised to the governor and approval was accordingly granted.

Yet again the perm sec wrote a memo to Howeidy informing him that the new allowances to the governor should be taxed. The SSG referred the matter for advice to the Kano State Commissioner for Revenue, Mr OB Wise (a Briton), who said that there is no tax for allowances in our existing laws.

In those days, civil servants could confront political leaders without fear or favour to correct them whenever they violated the laid down procedures, rules and regulations; unlike what is obtainable nowadays.

Before General Katsina and Compol Bako’s example was that of Sir Ahmadu Bello, the Sardauna of Sokoto and Premier of the Northern Region. The regional government had constructed air-strips for use of the Premier in most of the provinces. They were in Mubi, Jalingo, Wukari, Sokoto, Gusau, Minna, Azare, Gombe, Bauchi, Idah, and some other places.

The premier had three small Cessna aircraft in his fleet under the supervision of an Assistant District Officer (ADO) in his office, Alhaji Suleiman Gurin, a former teacher from Adamawa Province.

In time, Sir Ahmadu Bello flew one of the aircraft to Sokoto on a private visit. When he returned to Kaduna, the administrative headquarters of the region, Alhaji Suleiman Gurin sent him a bill for his flight to Sokoto!

To him, since it was a private visit, and therefore, the premier should make the refund to the government’s treasury. However, Sir Ahmadu Bello, though amused at the request, made the payment. And he was so proud of his ADO for reminding him that everyone who served was subject to the state, and to the laws that have been made to govern that state.

But if these scenarios were about official responsibilities, they were prim and proper in the way they conduct their social responsibilities as well.

There is a story narrated by the late Alhaji Alin Kotoko (I think), a Maiduguri-based contractor who was a beneficiary of the late Sardauna’s policy of North First (empowering the region’s local business people). The narrator said the regional Ministry of Education gave a contract to them and they made a decent profit out of it.

He and a colleague put a certain percentage of their profit in a paper envelope and went to the house of the ministry’s minister, Alhaji Isa Kaita, Wazirin Katsina. They were ushered into his sitting room where they met him sitting. They thanked him and had some brief discussions, but none of them could present the envelope to him. So, they got up to go but left the envelope there (a diplomatic way of presenting gifts to big men) by his side.

According to the narration, they were about to enter their car and drive off when he came out hurriedly and told them they had forgotten their envelope. It was then that one of them gathered enough courage and told him, “Sir, we made a good profit and we brought you this token as appreciation”.

He told them what they would never forget. Calmly, he told them, “No, the premier intended to empower you people. I am his representative. If I want money, then I have to resign and start a business… it is your money; take it.”

With such exemplary behaviour and attitude, leaders then were role models positively. By subjecting themselves to the rule of law and accepting to be guided by those who know, they made the system work. Because they did not abuse the system because of their powers, their children too were not unduly favoured.

No parent then would harass a teacher because he had punished his ward, or pay for his child to get a good grade in an examination or be made a prefect in their schools.

How have our opposite actions impacted our society and brought us to our current sad state? We shall also look at that subsequently.

By Dakuku Peterside

Globally, citizens of countries with democratic profiles are beginning to question the efficacy of democracy—especially democracy’s capacity to deliver the development agenda. A survey conducted by Pew Research shows that across 34 countries, a median of 52 per cent of those interviewed is dissatisfied with democracy. The dissatisfaction cuts across citizens of matured democracies of the UK, the US, France, and Japan. A similar report was filed
by Afrobarometer, a Pan African independent research network in Ghana. Its recent survey of citizens of 34 African countries under democratic regimes discovered a “democratic disappointment gap”.

This increasing loss of confidence is partially responsible for the convening of a global democracy summit on December 9 -10, this year by President Biden of the USA with the objective of “defending against authoritarianism, fighting corruption, and promoting human rights as well as set agenda for democratic renewal and to tackle threats faced by democracy”. Nigeria was one of 17 African countries and 111 countries globally invited to the summit.
The Carnegie foundation described Nigeria as one nation where democracy is backsliding in its analysis of invited participants. This development has redirected us to pertinent questions about the potency of democracy to deliver development in Nigeria: Is there a Nigerian democracy? Is it really backsliding? Has it failed Nigerians? And if it has failed, what should be done to arrest the situation?

Democracy is a universal concept that embodies fundamental principles and doctrines that make it unique as a form of government. It relies on the idea of the supremacy of the people. The first aspect of democracy is that the people have the right to choose and decide who will govern them through periodic elections and hold the officeholders accountable for the power they derived from the people. It presupposes that it is the fundamental right of citizens to vote or be voted for in a free and fair election.

The second aspect of democracy is that principles govern it, without which it becomes an aberration and a folly of indescribable proportion even with the first aspect (periodic election to choose leaders). These principles include the rule of law, fundamental human rights, liberty, and accountability, and it is only the combination of these two aspects that makes democracy worthwhile.
Analysing how Nigeria fares in these two critical aspects of democracy indicate that we do not measure up to them. On the first, periodic elections, as imperfect as it has been, I believe we have made progress. The second, deepening the pillars of democracy, my verdict is negative.

Democracy, the way it is practiced in Nigeria today, is a hybrid. It is a combination of civil rule, militarism, and ethnic jingoism. There is no national consensus on what democracy should be in Nigeria or should do for Nigeria. No shared national vision binds citizens and the state ,and no common aspiration. In the absence of shared national aspiration, democracy is just a word, a concept borrowed “to fulfil all righteousness”.
Recent experiences, especially economic frustration and insecurity have made some Nigerians question the western-style democracy we adopted and doubt whether it can deliver sustainable development. This “trust deficit” is exacerbated by persistent conflict, high cost of governance, corruption, poverty, indiscipline, inefficiency, insecurity, high-level unemployment, and divisiveness that pervades the land.
It is the truth that the way we practice democracy in Nigeria today has failed to assist Nigerians maximise individual potentials or the country accomplish national development agenda. The reasons vary: from the greedy political elite that is not driven by principles or vision to expensive governance structures that are self-serving, and from indiscipline to cultural misfit. Like a rocking chair, we have moved from parliamentary democracy to an American-style presidential system searching for what works for us.
The problem is squarely that of the appropriateness of our democracy model. No serious attempt has ever been made to work out a democracy model that fits, serves, or recognises our unique cultural attributes. Worse still, our political elite has failed to adopt a management approach to democracy over time. The elementary principle of envisioning the common good, setting a strategic plan, making effective decisions, and mobilising resources to achieve a shared goal are not in consideration.

Different countries adopt various models of democracy to suit their context and cultural environment. For example, Rwanda increased women participation in governance and incorporated a cultural practice known as Imihigo, a decentralisation policy where district mayors commit to development targets. Because of its belief that a nation has only one common goal, China adopted a one-party system with bureaucratic control emphasising efficiency and economic growth.
Singapore adopted a democratic approach that emphasises equality of all and economic prosperity, and it has a unique parliament made up of single-member constituencies, group representation constituencies, and nominated members of parliament. On its part, South Korea evolved a robust free democracy that allows for freedom of speech, and its constitution provides a single tenure for the President that is non-renewable and a legislature in which seats are by a combination of persons elected via popular vote and allocation. Malaysia, on the other hand, created a Muslim democracy that is distinctively not theocratic. All these countries are a relative success because they adapted democracy to fit into their culture. To make Nigerians have faith in democracy and its ability to deliver development is not just about periodic election but addressing the structure and cultural fit of our model of democracy to make it work. It is also essential to pay attention to the cultural peculiarities of different sections that make up the country. True democracy is that form of democracy adapted to the circumstance and cultural context and delivers the greatest good to the highest number of persons measured by material prosperity.
It is pertinent to note that Nigeria adopted the US Presidential system without adapting it to our cultural context – must Nigeria have a bicameral legislature? Why should Nigeria have too many cost centres at the Local, state, and federal levels that deliver no value? Why should Nigeria have a bogus governance structure? Is there a need for full-time legislature rather than part-time legislature? Why should Nigeria have a 1999 constitution that many people do not accept its authority? Why should Nigeria have a federal structure that is more unitary in nature? These are fundamental questions that can help us define what we want from democracy and determine whether the model of democracy we practice can guarantee an optimal level of development.

Is democracy backsliding in Nigeria? From the context of economic prosperity and individual liberty, history answers an emphatic yes. At the inception of the newly independent nation, Nigeria, in 1960, there were high hopes both within and outside Nigeria that this young parliamentary democracy would be the beacon of hope for restoring the dignity of the black man. Although that dispensation had its challenges, it maintained some democratic manifestations that made some politicians look like angels compared to today’s political actors. There was a semblance of sanity. The government at the time guaranteed security and safety, and most people observed the rule of law. Democracy was in the ascendancy in Nigeria.
However, the military incursion into Nigerian governance upended democracy. With this goes all the democratic precepts and principles in Nigerian politics ever since democracy has been in decline and needs a radical rethink to work in Nigeria again. A significant consideration in assessing the appropriateness of Nigerian democracy is the influence of over four decades of military rule. The military has handed down all our constitutions since 1979; each has ended up necessitating elaborate amendments, and each one has contents bordering on impunity and reckless disregard for some marginalised groups. The judiciary and legislature are left weak by the executive despite the separation of powers.

Has democracy failed Nigerians? A series of overlapping security, political and economic crises have left Nigeria facing its worst instability since the end of the Biafran war in 1970. With
experts warning that large parts of the country are in effect becoming ungovernable, fears that the conflicts in Africa’s most populous Nation were bleeding over its borders were underpinned by claims that armed Igbo secessionists in the country’s south-east were now cooperating with militants fighting for an independent state in the anglophone region of neighbouring Cameroon.
The mounting insecurity from banditry in the north-west, jihadist groups such as Boko Haram in the north-east, violent conflict between farmers and pastoralists across large swathes of Nigeria’s “middle belt,” is driving a brain drain of young Nigerians. Those security issues are in addition to a series of other problems, including rising levels of poverty, violent crime, and corruption amid an increasing sense that the central government, in many places, is struggling to govern.
The most significant measure of the efficacy of democracy is its ability to raise the people’s standard of living marked by a minimum level of development. The inability of Nigerian democracy to bridge the gap between inequality and poverty has heightened the lack of faith in democracy. All vital statistics from 1998 to date have not matched our expected progress in deepening democracy, making it difficult to accept a correlation between democracy and development.
What should be done to reverse the situation? We should re- examine our democracy to make it fit for purpose. For Nigerians to evolve a democracy that works for Nigeria, the critical consideration is the match between form and cost. That match must be such that the practice of democracy leaves enough resources for the development and sustenance of services in a way that guarantees orderly and peaceful existence.
It is on record that the recurrent expenditure of the Nigerian governments (states and federal) outweighs capital expenditure at a ratio of more than 80:20. The current form of democracy and democratic institutions have too much implicit and explicit cost that it leaves no money for development, and there is absolutely no incentive to invest in sustainable development initiatives.
Nigeria’s current federal democracy is unitarist, which has hindered the adequate provision of security and safety for citizens. The ability of the state to guarantee security is central to the thriving of democracy. Unless people are free to go about their everyday life unmolested, they cannot enjoy the freedom which is the crucial
instrument of democracy. Not even the ritual of voting and elections can credibly occur in an insecure environment.
In conclusion, it is evident that we need to have a conversation about our current constitution to “ culturize” it and make it workable . This is not achievable before 2023 but must be on the table if we are serious about democracy . We should be intentional in evolving a democracy that aims at the sustainable development of Nigeria. This new democratic model, no matter what it is, must speak to the aspirations and hopes of Nigerians. This model will not cherry-pick some facets of democracy and leave out its principles and spirit, and it must be wholistic and quintessentially and uniquely Nigerian – our democracy! . A model that plagiarised American democracy with little or no modifications to fit our context is already structurally deficient. No matter how you practice it, you will always come out short.

By Deborah Iniye Warrie Esq.

The death of a 12-year-old schoolboy, in Lagos Nigeria’s commercial capital city, is generating reactions in Africa’s most populous nation. Sylvester Oromoni Jnr, a Junior Secondary School JSS 2 student of Dowen College, Lagos southwest Nigeria died under controversial circumstances.

The school authorities claim Sylvester sustained injuries while playing football, but his family says he was instead tortured by school bullies. “He told us that he was not playing football, he did not go to the field. He said he was in his room with his classmates sleeping on his bed in the evening,” said Sylvester Oromoni, the father of the deceased schoolboy. The 12-year-old student succumbed to wounds allegedly suffered from a violent beat-up by school bullies on Wednesday, November 28 triggering massive outcry and condemnation in the country. Activists, civil rights campaigners, celebrities and government authorities have expressed shock and anger at the way Sylvester died. Following the incident, the Lagos State government sealed off the school pending the outcome of an investigation into the case.

The above pathetic, and sad story leads us to this burning question. What is Juvenile delinquency?

Juvenile delinquency, also known as “juvenile offending”, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. Like the case of the alleged perpetrators of Sylvester Oromoni’s death. See DORIPOLO v. STATE(2012) LPELR-15415(CA)

“The term juvenile (adjective juvenility), denotes a person who has not reached the age at which he (she) should be treated as an adult by the criminal justice system. In essence, he could be regarded as a juvenile delinquent or offender, youthful offender as the case may be. See BLACK’S LAW DICTIONARY, 6th Edition, 2004 at 884, defining a juvenile delinquent as a- “Minor who is guilty of criminal behavior, usually punishable by special laws not pertaining to adults.” Equally, Section 2 of the Criminal Procedure Law (supra) defines a juvenile offender as – “An offender who has not attained the age of seventeen years.” Per IBRAHIM MOHAMMED MUSA SAULAWA, JCA (Pp 35 – 35 Paras B – E)

In the United States of America, a juvenile delinquent is a person who is typically below 18 (17 in the states of Georgia, Michigan, Missouri, North Carolina, New Hampshire, Texas, and Wisconsin) years of age and commits an act that otherwise would have been charged as a crime if they were an adult. Juvenile crimes can range from status offenses (such as underage smoking/drinking), to property crimes and violent crimes.

CAN A MINOR BE CHARGED FOR A CRIMINAL OFFENSE ? YES

Juvenile detention centers, courts and electronic monitoring are common structures of the juvenile legal system. Juvenile courts are in place to address offenses for minors as civil rather than criminal cases in most instances.The frequency of use and structure of these courts varies per Country and its statuses. Depending on the type and severity of the offense committed, it is possible for people under 18 to be charged and treated as adults. Thus in Sylvester’s case his alleged assailants, IF after police investigation are found liable of a criminal offense,can be charged to Juvenile Court. 

SUMMARY OF SOME PROVISIONS FOR CHILD OFFENDERS, UNDER THE NIGERIAN CHILD RIGHTS ACT 2003. 

Sections on Child Justice Administration under the Nigerian Child Rights Act 2003.

• Section 204 Provides that a Child offender should be subjected to only the child justice system and processes.

No child shall be subjected to the criminal justice process or to criminal sanctions, but a child alleged to have committed an act which would constitute a criminal offence if he were an adult shall be subjected only to the child justice system and processes set out in this Act.

• Section 205 provides for the privacy of the Child Offender.

(1) The right of the child to privacy specified in section 8 of this Act shall be respected at all stages of child justice administration in order to avoid harm being caused to the child by undue publicity or by the process of labeling.  

(2) Accordingly, no information that may lead to the identification of a child offender shall be published.   

(3) Records of a child offender shall‐ 

(a) be kept strictly confidential and closed to third parties;   

(b)made accessible only to persons directly concerned with the disposition of the case at hand or other duly authorised persons; and   

(c)not be used in adult proceedings subsequent cases involving the same child offender.

• Section 206 provides for Professional education and training of persons dealing with child offenders

 (1) Professional education, in‐service training, refresher courses and other appropriate mode of instructions shall be utilised to establish and maintain the necessary professional competence of all persons, including Judges, Magistrates, officers of the Specialised Children Police Unit, supervisors and child development officers, dealing with child offenders.

• Section 207 provides for an area of Specialization within the Nigeria Police Force on cases pertaining to Child Offenders

(1) There shall be established, in the Nigeria Police Force, a specialised unit of the Force, to be known as the Specialised Children Police Unit (in this Act referred to as the “Unit”) which shall consist of police officers who‐   

(a) frequently or exclusively deal with children; or   

(b)are primarily engaged in the prevention of child offences,  

 (2) The Unit shall be charged with the following functions, that is‐   (a) the prevention and control of child offences;   

(b)the apprehension of child offenders;   

(c)the investigation of child offences; and   

(d)   such other functions as may be referred to the Unit by this Act or by regulations made under this Act or by any other enactment.   

• Section 210 provided for the legal status and rights of the child offender

(a)the presumption of innocence;   

(b)the right to be notified of the charges;    

(c)the right to remain silent;   

(d)the right to the presence of a parent or guardian;   

(e)the right to legal representation and free legal aid. 

• Section 212 provides for Detention of a child offender pending trial

(1) Detention pending trial shall‐

(a) be used only as a measure of last resort and for the shortest possible period of time;  

(b) wherever possible, be replaced by alternative measures, including close supervision, care by and placement with a family or in an educational setting or home.

(2) While in detention, a child shall be given care, protection any necessary assistance including social, educational, vocational, psychological, medical and physical assistance, that he may require having regard to his age, sex and personality.   

(3) Where the Court authorises an apprehended child to be kept in police detention the Court shall unless it certifies‐   (a)   that, by reason of such circumstances as specified in the certificate, it Is impracticable for him to do so; or   (b)   in the case of an apprehended child who has attained the age of fifteen years, that no secure accommodation is available and that keeping him in some other authority’s accommodation would not be adequate to protect the public from serious harm from the child, secure that the apprehended child is moved to a State Government accommodation.   (4) Classification in the place of detention pending trial shall take account of the social, educational, medical and physical characteristics and condition of the child, including his age, sex and personality.

• Section 213 provides for the Jurisdiction of Court (means the Family court established under section 149 of the Act;) to try child offenders.

PUNISHMENT OF CHILD OFFENDERS IN NIGERIA UNDER THE CHILD RIGHTS ACT. 

Can a child offender, charged for the offence attempted to commit treason, murder, robbery or manslaughter, or wounded another person with intent to do grievous harm be detained? The answer is Yes.

• Section 222 of the Act provides for Detention of child offenders in case of certain crimes

Section (1) states thus Notwithstanding anything in this Act to the contrary, where a child is found to have attempted to commit treason, murder, robbery or manslaughter, or wounded another person with intent to do grievous harm, the Court may order the child to be detained for such period as may be specified in the order.  

(2) Where an order is made under subsection (1) of this section, the child shall, during that period, notwithstanding anything in the other provisions of this Act, be liable to be detained in such place and on such conditions as the Court may direct, and the child whilst so detained shall be deemed to be in legal custody.

See EFCC v. SULEIMAN & ANOR (2016) LPELR-40790(CA)

Circumstances in which a person may be deprived of his right to personal liberty

“Section 35(1) to (5) of the Constitution of the Federal Republic of Nigeria, 1999 as amended reads as follows: 

“35(1) Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law:

(a) In execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty; 

(d) In the case of a person who has not attained the age of eighteen years for the purpose of his education or welfare; In a juvenile-delinquency case, the Court’s authority to hold in custody, from the initial hearing until the probable-cause hearing, any juvenile charged with an act that, if committed by an adult, would be a crime.  If the Court finds that releasing the juvenile would create a serious risk that before the return date the juvenile might commit a criminal act, it may order the juvenile detained pending a probable-cause hearing. Juveniles do not have a constitutional right to bail. The Supreme Court upheld the constitutionality of such statutes in Schall vs. Martin, 467 U.S. 253, 104 S.Ct. 2403 (1984). Also termed temporary detention. Preventive detention – Confinement imposed usually on a criminal defendant who has threatened to escape, poses a risk of harm, or has otherwise violated the law while awaiting trial, or on a mentally ill person who may cause harm. ” Per JOSEPH TINE TUR, JCA (Pp 75 – 85 Paras A – E). See also CHIEF OF DEFENCE STAFF & ANOR v. TIJAH (2016) LPELR-40818(CA), AYABAM v. C.O.P BENUE STATE (2019) LPELR-47283(CA)

• Section 223 provides for the methods of dealing with a child offender.

PUNISHMENT OF CHILD OFFENDERS IN THE INTERNATIONAL SCENE 

In 2020 a ruling abolished the death penalty for juveniles in Saudi Arabia. Despite this Mustafa Hashem al-Darwish was executed in June 2021. He was alleged to have taken part in anti-government demonstrations at the age of 17. al-Darwish had been detained in May 2015 being placed in solitary confinement for years. al-Darwish claimed that he faced brutal torture and beatings and was forced to sign confessions. One criminal justice approach to juvenile delinquency is through the juvenile court systems. These courts are specifically for minors to be tried in. Sometimes, juvenile offenders are sent to adult prisons. Depending on the circumstances of the case and the gravity of the crime committed.

REFERENCES

1. https://www.africanews.com/2021/12/08/sylvester-oromoni-a-case-of-bullying-harassment-in-nigerian-schools/
2. https://en.wikipedia.org/wiki/Juvenile_delinquency
3. https://lawsofnigeria.placng.org/laws/C50.pdf
4. https://primsol.lawpavilion.com/search?search_term=juvenile-delinquency%20case
5. https://www.americanbar.org/groups/criminal_justice/disclaimer/

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By Mustapha Babalola Toheeb.

INTRODUCTION.

The capital market is a complex institution and mechanism through which intermediate and long run funds are made available to government, business (firm) and individuals. The capital market therefore is an instrumental arrangement that performs the function of mobilizing private and public savings from surplus spending units and channeling them to the deficit units for the production of goods and services. Unlike the many money market which primarily exist as a means of liquidity adjustment, the capital market provides a bridge of transforming saving into long term investment by using equity bonds, debentures, mortgages and investment stocks to facilitate intermediation.

The market makes it possible for private and public sectors of the economy to rise long-term capital to execute government development programmes and from the expansion and modernization of the private business to enhance outputs, employment and income. The capital market is often described as an important part of country’s economy, which is indispensable to economy growth and development. In short, it is a place where nation’s wealth is bought.

The capital market itself is divided into two which are:

1. Primary Market: it is the market for new shares or securities
2. Secondary Market: it deals with exchange of prevailing or previously issued to securities among investors.

The importance of the capital market in economic development cannot be over emphasized. There is consensus of opinion that the nature and the content of the benefit which the capital market offer country be judged by the effects on the mobilization of savings, capital inflow and out flow the mobility of investible surplus funds, resources allocation, distribution of income and wealth and the response of economic policies.

Therefore, the development of the capital market should encourage efficient mobilization of both domestic and foreign savings for productive investment in order to achieve economic development. Without productive investment, there will be no growth and saving and there will be no investment.

The Nigerian capital market is an integral part of the Nigerian financial system. Other

sectors of the Nigerian financial system include: the money market, the insurance

market and the pensions. Each of these markets has a statutory regulatory institution

namely: CBN, SEC, NAICOM and PENCOM for the money, capital, insurance and

pension markets respectively. These regulatory institutions are empowered by statutes(laws) to supervise the various markets and facilitate the exchange of funds between the surplus and deficit units.

Operators in the market include Merchant Banks, Stock broking Firms, Issuing Houses, Development Finance Companies, the Central Bank, Securities and Exchange Commission and the Stock Exchange.

Emerging capital markets all over the world have a history and Nigeria is not in any way different. The Nigerian capital market represents a small but growing proportion of the nation’s economy. This study on the development of the capital market institution in an emerging economy like Nigeria seeks to examine not only how it came to be established but also how this institution has evolved to impact upon the Nigerian economy. The Nigerian capital market is principally a market for long-term investments where corporate equities and long-term debt securities are issued and traded. It is a market that is regulated by the Securities and Exchange Commission (SEC), which is the apex regulatory body of the Nigerian Capital Market. The capital market is so vital to the development of any economy that no country can risk its existence without putting in place measures to regulate the activities of the market. Consequently, government, at various points in time sought to promote an orderly growth and development of the market for viable investment opportunities. In view of this background, this article will be looking at the establishment and operation of the Securities and Exchange Commission.

The Securities and Exchange Commission (SEC) which is the apex regulator of the

Capital market began in 1962. It started as the Capital Issues Committee at the CBN

and later became the Capital Issues Commission in 1973 when the Capital Issues

Commission Act was enacted. The name Capital Issues Commission was later changed

to the Securities and Exchange Commission (SEC) in 1980 following the promulgation

in 1979 of SEC decree no. 71. The law has severally been amended and it is now called

the Investments and Securities Act (ISA) No. 29 of 2007.

The SEC is the main regulatory organ of the Nigerian capital market and has the power, inter alia, to:

1. make rules and regulations for the market;
2. register and regulate securities exchanges and other self-regulatory organisations;
3. register and regulate the issuance of securities;
4. intervene in the management and control of failing capital market operators; and
5. in appropriate circumstances, impose penalties and levies on defaulting capital market operators.

The Overriding reason for regulation of the capital market by SEC is to protect investors

by creating an atmosphere that is devoid of sharp practices of any kind. The SEC uses

the tools of Registration, Rules Making, Investigation, Monitoring, Enforcements and

Compliance to ensure that all market participants play according to rules.

• EVOLUTION OF THE NIGERIAN CAPITAL MARKET

Capital market activities in Nigeria can be said to have commenced in 1946 with the

issuance of the first development stock of £300,000 (Three hundred thousand pounds

sterling) by the then Colonial Administration. This took place even before the Central

Bank of Nigeria (CBN) was established in 1958. The CBN and the Ministry of Finance

later facilitated the establishment of the SEC and the other institutions of the Nigerian

capital market.

The Nigerian stock exchange came into being in 1960 as the Lagos stock exchange but

started trading in 1961 with three equities, six Federal Government bonds and ten

Industrial Loan making a total of nineteen listed stocks (nineteen stocks all together). It

later changed its name and became the Nigerian Stock Exchange (NSE) in 1977. There

are now over 200 securities listed on the NSE and the trading system has improved

during this time from a manual call-over system to a screen based electronic trading

system where traders transact business via the computer. When companies or governments need funds to execute any task, they can approach the capital market for the funds they need using any of the securities (instruments) such as equities (ordinary shares), debts instruments (bonds, debentures or preference shares).

The Nigerian capital market is regulated by a panoply of laws, chief among them being the Investment and Securities Act, 2007 which is divided into 18 parts, the ISA makes provision for the establishment of the Securities and Exchange Commission. There are key bodies established by the ISA which are the Administrative Proceedings Committee (APC) and the Investments and Securities Tribunal (IST). The APC is a committee of the SEC established as a quasi-judicial fact-finding body. Essentially, it provides the avenue for market operators against whom complaints have been made (by investors and the SEC alike) to be heard prior to the determination of the complaint by the SEC. It goes without saying that a decision of the APC will be regarded as a decision of the SEC, and an appeal can therefore be made to the IST.

The IST is established under the ISA to adjudicate on any question of law or dispute involving:

1. A decision or determination of the SEC in the operation and application of the ISA, and, in particular, relating to any dispute between:

capital market operators;

capital market operators and their clients;

an investor and a securities exchange or capital trade point or clearing and settlement agency; or capital market operators and self-regulatory organisations;

2. The SEC and a self-regulatory organisation;
3. A capital market operator and the SEC;
4. An investor and the SEC;
5. An issuer of securities and the SEC; and
6. Disputes arising from the administration, management and operation of collective investment schemes.

Decisions of the IST are to be enforced in the same manner as a decision of the Federal High Court (FHC). Appeals arising from decisions of the IST lie at the first instance to the Court of Appeal.

Other laws regulating it includes the Securities and Exchange Commission Rules and Regulations,2013(SEC Rules) which is drawn up by SEC pursuant to its power and it is considered as the market’s bible.

Another law regulating capital market in is the Companies and Allied Matters Act. The Companies and Allied Matters Act (CAMA) is secondary in its applicability to the capital market. It governs most aspects of the incorporation and operations of companies and other corporate bodies requiring incorporation or registration with the Corporate Affairs Commission (CAC). To the extent that these companies and corporate bodies are participants in Nigeria’s capital market, CAMA provisions are significant and apply also to the capital market. For instance, Parts VI and VII of the CAMA make provisions on the nature and types of shares and bonds to be issued by companies. These securities end up being offered and traded in the Nigerian capital market.

Undoubtedly, other sector-specific legislation has a certain degree of relevance to the capital market. Arguably, the most important is that relating to banks (Banks and Other Financial Institutions Act, 1991) (as Amended), pension fund administrators (Pension Reform Act, 2014) and the Central Bank of Nigeria (CBN) (Central Bank of Nigeria (Establishment) Act, 2007).

It is worthy to note that dealings in foreign exchange are regulated by both statute and the CBN through regulations, circulars and directives. A key piece of legislation is the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act (FEMM Act). Foreign exchange (FX) transactions are also regulated by the Foreign Exchange Manual (FX Manual), which was recently revised so that it conforms with the foreign exchange practices implemented by the CBN in the past two years.

Capital market provides plethora of opportunities for companies such as opportunities for companies such as access to capital, access to cheaper funds than would have been raised from financial institutions, opportunities abound where capital can be invested to yield returns, listing on the exchange boost the image of the company and lastly it aids the visibility of the company and its products.

Moving further to the career opportunities in capital market, the capital market is not short of opportunities for lawyers. Lawyers can advise clients as either solicitors to an issuer or as solicitors to an offer. It is the duty of the solicitors to an offer to make sure there is no deliberate misstatement of facts or concealments in the offer document.

Another area where lawyers can come in as a trustee. A trustee is an individual or an institution put in charge of overseeing the day to day management of property owned by a trust for the benefit of the trust. In the capital market, trustees are the eyes and ears of the investors, especially, in bonds and unit trusts schemes. They keep custody of the title documents and ensure that the issuer complies with the Trust Deed.

 ISSUES OF CONCERN IN THE NIGERIAN CAPITAL MARKET

1. Ponzi schemes.

These are scams calculated to deceive the unsuspecting individuals. It has the following characteristics. There is a promise of abnormal returns on cash they want you to invest, usually far higher than what is obtainable in the banks. The money raised is not used in any productive ventures; instead, monies collected from subsequent investors are used to pay initial investors. The initial investors when they receive their first return go to town with the news of their superior returns, telling friends and relatives who are then attracted to invest based on the confirmation received. The purported investment (Ponzi scheme) manager banking on this euphoria then collects cash from many more unsuspecting depositors but after a short while closes shop and makes away with the money collected to another far destination before the law catches up with him.

2. Limited knowledge of the market

• Investing in the capital market requires knowledge about the market. A prospective investor in the market would need to have basic knowledge about investments or
• employ the services of an investment adviser. Inadequate knowledge of the market can make the difference between a profitable investment and a non-profitable one.

CONCLUSION.

On a final note, it’s crystal clear that capital market is an area that’s pivotal to the growth of the nation’s development and also at the same time, it has a lot of career opportunities for different disciplines including lawyers as lawyers has a major role to play in the process of capital market.

REFERENCES:

1. A paper presented on opportunities in the Nigerian Capital Market by The Securities and Exchange Commission, Abuja.
2. NWANKWO G.O: Money and Capital Market in Nigeria Today, University of Lagos Press Page 161-135 1991.
3. NWANKWO E.A “The Development of Capital Market in Africa with particular reference, a Kenya and Nigeria IMF Staff paper (Washington) volume 2 July 1997.

ABOUT THE AUTHOR.

Mustapha Babalola Toheeb  is a Pupil of Law, a content creator, a blogger & a student of Faculty of Law, Bayero University, Kano. He is the Founder of Lex Updates Publications and the Zonal Director, Directorate of Programs, Policies and Projects, North West Zone, Law Students Association of Nigeria.

He is interested in advocacy, academic writing, legal writing/history, activism and a  plethora of positivism. To reach him,email:[email protected] or contact/whatsapp:08106244073.