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#EndSARS: Kano boils as shops, cars, houses of Southerners razed by irate Northern youths

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ElombahNews have been informed that Kano is in turmoil as shops, cars and houses belonging to Southerners are being torched by irate Northern youths over #EndSARS protests.

Regarding the development, a Twitter user, Ogbu Charles tweeted on his handle @RealCharlesOgbu:

Sabon Gari in Kano is currently boiling with shops, cars and houses belonging to Southerners, mostly Igbos, being razed down by Northern youths operating with support from the Police.

VIDEO: Police fire live bullets at #ENDSARS protesters at Lagos Lekki Toll Gate, Lagos

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Policemen deployed in Lagos on Tuesday night fired bullets at thousands of protesters at Lekki Toll Gate, Lagos.

[JUST IN] #EndSARS: SERAP Condemns Reports Of Shooting Of Protesters At Lekki Toll Gate

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Socio-Economic Rights and Accountability Project (SERAP) has condemned “reports that security agents are shooting at #EndSARS peaceful protesters at the Lekki Toll gate, Lagos. This must stop immediately.”

SERAP said: “Under the Nigerian constitution, 1999 [as amended] and human rights treaties to which Nigeria is a state party, the authorities are obligated to respect and protect the right to life and security of the person, the rights to freedom of expression, association, and peaceful assembly of everyone, including peaceful protesters.”

“We call on the Nigeria authorities to order a prompt, independent and impartial inquiry into the reports of shooting of #EndSARS protesters at the Lekki Toll gate by security agents, identify suspected perpetrators and ensure that they are brought to justice without delay.”

“All the victims must be allowed access to justice and effective remedies, including adequate compensation, satisfaction and guarantee of non-repetition.”

“SERAP calls on the International Criminal Court (ICC) to open investigations into cases of attacks on peaceful protesters in Nigeria in the context of #EndSARS.”

“SERAP believes that substantial grounds exist to warrant the intervention of the Prosecutor in this case. Pursuant to the Rome Statute, the Prosecutor has power to intervene in a situation under the jurisdiction of the Court if the Security Council or states parties refer a situation or if information is provided from other sources such as the information that is now publicly available in the country.”

[JUST IN] Lagos Govt Extends Enforcement Of Curfew Until 9pm Amid Shootings In Lekki [VIDEO]

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The Lagos State Government has extended the start of the 24-hour curfew until 9 pm.

It was initially announced to begin at 4 pm.

According to a statement on their official Twitter page, the extension is to enable people who are stuck in traffic get to their destinations.

It read: “Update! Lagos State Governor, Mr. Babajide Sanwo-Olu has directed that enforcement of the 24hour curfew in the State should not start until 9 pm to enable people stuck in traffic get to their destinations.”

This comes amid news that security operatives have opened fire at protesters camped at the Lekki toll gate.

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Security operatives have invaded the Lekki toll gate where thousands of protesters have been demonstrating against police brutality for the past 13 days.

The protesters have refused to leave the toll gate despite the 24-hour curfew imposed by the state government.

#ENDSARS: Three Killed, Police Station, Court, Church, Others Razed In Abuja

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At least three people were feared killed and several others injured in Dutse Alhaji area on Tuesday as thugs continued to unleash mayhem in the Federal Capital Territory (FCT) Abuja.

Suspected hoodlums are reported to have set the Customary Court Dutse ablaze on Tuesday following the ongoing nationwide #EndSARS protest.

This was disclosed to TheNigeriaLawyer by a source noting that Police Station, NSCDC, and AEDC offices have equally been affected, adding that the Customary Court housed the Nigerian Bar Association (NBA), Bwari Secretariat.

In addition, the source disclosed that he “can verify that 3 people have been killed between Sokale Roundabout and Dutse Police Signboard”.

The Dutse Makaranta Police Station was set ablaze by the suspected hoodlums.

Also torched were a church and a filling station.

They vandalised several vehicles and shops in the area.

The thugs, which many residents have reportedly sighted, conveyed in large trucks and buses, have consistently attacked #ENDSARS protesters since last week.

Odinkalu V Kaduna Govt: 89 Civil Societies Say Decision Of Federal High Court On October 22 An Opportunity to Protect Free Speech in Nigeria

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No fewer than 32 Human Right Organizations and 57 individuals have issued a statement on the judgment of the Federal High Court slated for October 22 regarding the suit filed by a human rights lawyer and former Chairman of Nigeria’s National Human Rights Commission (NHRC), Prof Chidi Odinkalu, against the government of Kaduna State

In a joint statement made available to TheNigeriaLawyer (TNL), they said the decision will have impact on the right of people to air their opinion freely on matters of public interest. They urged the judiciary to protect human rights in line with national, regional and international human right instruments

“On October 22, 2020, an important case comes for decision before the Federal High Court sitting in Kaduna, north-west Nigeria. The case – brought by Professor Chidi Anselm Odinkalu – will have an important impact on the rights of people in Nigeria to voice their opinions in matters of public interest and question those in authority.

“We, the undersigned organisations and individuals, see this upcoming case as an opportunity for Nigeria’s judiciary to ensure that the protection of human rights in the country aligns with the Federal Republic of Nigeria’s constitutional, regional and international human rights obligations. In particular, this case provides an opportunity for the judiciary to reinforce the fundamental rights to freedom of expression, access to information, and civic participation.” the statement reads

Prof. Odinkalu had filed a suit before the Federal High Court in Abuja challenging the constitutionality of criminal charges against him by the Kaduna State government, following a televised interview he gave in February 2019 in Abuja, the Federal Capital.

In the interview, Prof. Odinkalu challenged claims by the Governor of Kaduna State Mallam Nasir El-Rufai – made a day before scheduled elections in the State – that 66 members of the Fulani ethnic group had been killed in Kajuru, Kaduna State. Prof. Odinkalu stated that the Governor’s statement appeared to have no basis in reality and could not be verified by the relevant state agents. He further expressed concern that the statement could cause ethnic tensions leading to electoral violence.

On March 18, 2019, Prof. Odinkalu was charged by the Director of Public Prosecution (DPP) of Kaduna State with inciting disturbance, injurious falsehood, public nuisance, and furnishing false information.

The Joint Civl Society alleged that “the case, which was initiated before the Magistrate Court in Kaduna, was fraught with numerous procedural irregularities including an undated case file with no file number; closed hearings from the public; and the continuation of the case in the absence of Prof. Odinkalu despite an order from the High Court staying proceedings in the case. On October 26, 2020, the State High Court of Kaduna will preside over the judicial review of the criminal proceedings in the Magistrate Court of Kaduna.”

Furthermore, they said the judgment to be delivered on October 22, 2020 presents a “monumental opportunity” for the court to recognize the right to freedom of expression and ensure that it is enforced in Kaduna State in accordance with the country’s human rights obligations. Government officials and people in authority are not exempt or protected from criticism.

They said public officials are expected to tolerate greater criticism than the rest of society without attempt to stifle public debate as highlighted by the United Nations special experts and mechanisms.

They admitted that the right to freedom of expression may be restricted for the purpose of public health and security but such restrictions must be justifiable in a democratic society and must be necessary to achieve the stated purpose.

“The African Court on Human and Peoples’ Rights has held that seeking to impose a prison sentence, let alone corporal punishments such as lashings, for criticism of a public authority – whether true or otherwise – can never be necessary or proportional. Regional and international bodies have further called on all States to repeal criminal defamation laws, as well as all laws which effectively criminalise defamation, sedition, insult and false news. Where necessary, such infractions can and should be dealt with through civil proceedings, which should also be adequately proportionate and provide appropriate defences.

“Given Nigeria’s regional and international obligations, as a signatory to several treaties including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, we are concerned that the Kaduna State government chose to undertake a criminal prosecution against Prof. Odinkalu for what is clearly protected speech. The undersigned organisations and individuals thus look forward to the decision of the Federal High Court of Nigeria in this important case.” they added

Below were signatories to the statement

Organizations
The Africa Judges and Jurists Forum; African Defenders (Pan African HRDs Network); African Freedom of Expression Exchange (AFEX); AJPD – Angola; Amnesty International; Center for Democracy and Development (CDD); Centre for Human Rights Education, Advice and Assistance (CHREAA); Chapter One Foundation; DefendDefenders (East and Horn of Africa Human Rights Defenders Project); DITSHWANELO – The Botswana Centre for Human Rights; Friends of Angola (FoA); Gender Centre for Empowering Development (GenCED); Global Rights; Human Rights Defenders Network-SL; Human Rights Institute of Southern Africa (HURISA); International Commission of Jurists- Kenya; International Refugee Rights Initiative; Kenya Human Rights Commission Media Rights Agenda; MOSAIKO-Angola; Mouvement Inamohoro, Femmes et Filles pour la paix et la sécurité; Open Bar Initiative, Nigeria; Open Society Initiative for Southern Africa (OSISA); Pan African Lawyers Union (PALU); Robert F. Kennedy Human Rights; SADC Lawyers Association; Southern Africa Human Rights Defenders Network; Tap Nitiative for Citizens Development; The Association of Concerned Africa Scholars (ACAS-USA); Torture Abolition and Survivors Support Coalition International (TASSC); Zimbabwe Human Rights NGO Forum; and Zimbabwe Lawyers for Human Rights

Individuals signatories are:
Delma Monteiro Angola; Lúcia da Silveira Angola; Garcia Mvemba AngolaGodinho Cristóvão Angola; Julio Candieiro Angola; Fortunato Paixão Angola; Cristina Gouveia Angola; Alice Mogwe Botswana; Marie Louise Baricaco Burundi; Star Rugori Burundi; Joseph Bikanda Cameroon; Ady Namaran Coulibaly Cote d’Ivoire; Hannah Forster Gambia; Edmund Amarkwei Foley Ghana; Abdul Noormohamed Kenya; Andrew Songa Kenya; Crystal Simeoni Kenya; Diana Gichengo Kenya; Donald Deya Kenya; Irene Soila Kenya; James Gondi Kenya; Maureen Achieng Akena Kenya; Patricia Nyaundi Kenya; Roland Ebole Kenya; Charles Kajoloweka Malawi; Happy Mhango Malawi; Nikiwe Kaunda Malawi; Tiseke Kasambala Malawi; Victor Mhango Malawi; Professor Adriano Nuvunga Mozambique; Custodio Duma Mozambique; Vicente Manjate Mozambique; Norman Tjombe Namibia; Abiodun Baiyewu Nigeria; Cheta Nwanze Nigeria; Edet Ojo Nigeria; Mbasekei Martin Obono Nigeria; Nana Nwachukwu Nigeria; Ohimai Amaize Nigeria; Valnora Edwin Sierra Leone; Annah Moyo South Africa; Corlett Letlojane South Africa; Hakima Haithar South Africa; Nomsa Sizane South Africa; Samkelo Mokhine South Africa; Simphiwe Sidu South Africa; Shuvai Nyoni South Africa; Sufiya Bray South Africa; Vusumuzi Sifile South Africa; Abdel-Moniem El Jak Sudan; Mary Pais Swaziland; Muzi Masuku Swaziland; Thulani Maseko Swaziland; Vera Mshana Tanzania; Dismas Nkunda Uganda; Jackson Odong Uganda; Lamunu Lamunu Prossy Uganda; Nelly Badaru Uganda; Salima Namusobya Uganda; Sharon Nakandha Uganda; Linda Kasonde Zambia; Professor Michelo Hansungule Zambia; and Muleya Mwananyanda Zambia;

Others are the same Muluka Miti-Drummond Zambia; Vusumuzi Sifile Zambia; Justice Alfred Mavedzenge Zimbabwe; Arnold Tsunga Zimbabwe; Brian Tamuka Kagoro Zimbabwe; Makanatsa Makonese Zimbabwe; Charles Clint Chimedza Zimbabwe; Deprose Muchena Zimbabwe; Fungisayi Patricia Mwanyisa Zimbabwe; Hardlife Mudzingwa Zimbabwe; Janah Ncube Zimbabwe; Janet Zhou Zimbabwe; Kelvin Kabaya Zimbabwe; Lloyd Kuveya Zimbabwe; Mamukeleni Tsunga Zimbabwe; Memory Zonde-Kachambwa Zimbabwe; Mooya Nyaundi Zimbabwe; Muchengeti Hwacha Zimbabwe; Munjodzi Mutandiri Zimbabwe; Musa Kika Zimbabwe; Otto Saki Zimbabwe; Passmore Nyakureba Zimbabwe; Siphosami Malunga Zimbabwe; Stanely Nyamanindi Zimbabwe; Professor Carl LeVan American University; and Desiree Cormier Smith Open Society Foundations.

Thenigerialawyer

Chidi Odinkalu on Twitter

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Nearly 19 yrs ago, we issued a report with @cleenfoundation & @omctorg clearly documenting how @NigeriaGov sponsored violence. As it rents bandits & unleashes domestic terror on the #EndSARS protests, @NigeriaGov under @MBuhari remains a tale of #HopeBetrayed to the #NextLevel.

I won’t approve 2021 budget without provisions for EndSARS victims, ASUU – Gbajabiamila

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Femi Gbajabiamila, the Speaker of the House of Representatives has stated that he won’t sign off on a 2021 budget until certain needs are met.

According to him, he said that those who have suffered police brutality need to be included in the 2021 budget.

Gbajabiamila said there is need for adequate compensation for those who have suffered Police brutality in the past 10 years.

The Speaker added that he will not sign off the budget a budget that doesn’t meet “the reasonable demands of ASUU” which are already agreed to by the government.

Nigerian lady who has been cooking for #EndSARS protesters alleges that her account has been placed on Post No Credit in line with CBN directive

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A Nigerian lady who has been been cooking for #EndSARS protesters has alleged that her Access Bank account has been placed on Post No Credit in line with Central Bank of Nigeria’s directive. 

Marline Oluchi revealed that her banker told her that they are working on a CBN directive for any #EndSARS activist receiving funds with such descriptions.

She wrote; 

kindly don’t send any money to my access bank account anymore. it’s the account i’ve been using to receive funds to cook for the protesters.

my banker just confirmed that it has been placed on pnc (post no credit). apparently, they are working on a cbn directive for any endsars activist receiving funds with such descriptions.

when we say this country is really messed up, you won’t understand how deep this rot is. it is so deep that any and everything can be used against you. so so deep.

we are just nigerians, trying to air our grievances and make the government listen to us, peacefully, by marching through our streets. how hard is that? how hard can it be for them to peacefully listen to us and not get petty? how hard? i mean, we are the ones suffering this sars menace for years.

Flying of the Nigerian Flag and Its Implication.

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Daily Law Tips (Tip 679) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:
There is a recent call on social media for the use of national flag during protests across Nigeria to avoid harm from law enforcement agents and the Nigerian armed forces. There is also a contrary claim, that there is need for a license before the National Flag can be used in a public place. Many are not sure of the true legal implication of the use of the National Flag in a public place in Nigeria. This work examines the legal implication of flying the National Flag in Nigeria; revealing the duties of flyers, the offences and punishments relating to the National Flag and the duty of the Police to the National Flag.

The National Flag and the Public Places:
The National Flag is the official Flag of the Federal Republic of Nigeria. The National Flag was designed by Michael Taiwo Akinkunmi and officially flown on 1st October 1960, although it was adopted in 1959. It is made up of two colour; Green and White. “The green panels represent agriculture; the white stands for peace and unity”.

The National Flag can be flown in a public place in any part of Nigeria. Any person that intends to fly or display the National Flag in any public place needs the approval (license) of the Federal Minister of Interior Affairs, unless the National Flag is being displayed or flown to show patriotism and support for Nigeria.

Hence, the National Flag can be flown and displayed in any part of Nigeria and in a private or public place without any permit/approval, in a show of support for Nigeria. It is safe to assume that no law enforcement agency can arrest any person that is patriotic and supportive of Nigeria. The term “Public Place” includes any highway, wharf, street, bridge, parks, and thoroughfares, among other places.

Duties of Flyers of the National Flag:
Generally, in any part of the world, a Nigerian must obey and respect the National Flag. The National Flag cannot be flown or displayed on the same staff (pole, pipe, stick or rod) or cross bar with the flag of any other State, or the flag of any other country. Also, the national flag must not be dirty, tattered, defaced and torn when displayed or flown.

States in Nigeria are allowed to have their respective state flags and to fly such in their states and in any part of Nigeria even without flying the National Flag. No state flag can be flown in the Federal Capital Territory without the National Flag. However, if the National flag and a state flag are to be flown in any state, then the National Flag must be at least of the same size with the state flag and the National Flag must be flown higher and above the state flag.

The Federal Minister of Interior Affairs can through a license authorise the flag of another country to be flown and displayed in a public pace in Nigeria with or without the National Flag. For avoidance of doubt, no embassy, high commission, consulate or means of transportation or foreign ship is to be considered as a public place. So, they don’t need the license of the Minister for any foreign flag to be displayed or flown on or in them.

Offences Relating to the National Flag:
There are several offences created by law that relate to the National Flag. The offences include;
1. Defacing or destroying the National Flag.
2. Flying or displaying the National Flag in a defaced or bad condition.
3. Flying the National Flag on the same pole/stick/staff with any other flag.
4. Flying the National Flag on the same level with any flag of any state in Nigeria.
5. Flying the flag of any foreign country without license/approval of the Minister for Interior Affairs.
6. Use, display or flying the National Flag in a public place without the intention of supporting Nigeria.
7. Where a license is obtained to use the National Flag, using the National Flag contrary to the terms of such license.
8. Flying the National Flag for any business, trade, profession or calling and not for patriotism (support for Nigeria).

Punishment for Offences Relating to the National Flag:
Where there is an offence, there is always a punishment. The above offences relating to the National Flag have punishments. The punishment for any offence relating to the National Flag is a fine of One Hundred Naira (N100.00). Where the offence continues, the fine is Ten Naira (N10.00) for each day.

Duty of the Police Relating to the National Flag:
The Nigeria Police Force has a duty to seize and remove any flag that is being used to commit an offence in any part of Nigeria. The removed flag is to be disposed in a manner/way to be determined by the Federal Minister of Interior Affairs.

Recommendation and Conclusion:
The National Flag of Nigeria can be used and flown in any part of Nigeria, whether in private or in public places without any permit/approval, so far as the National Flag is being used to show support for Nigeria (patriotism). However, in the use of the National Flag, the National Flag must be clean and not tattered to avoid committing an offence. Also the National Flag must not be flown on a stick/pole/pipe/staff that carrys any other flag or on the same height with any flag of any state in Nigeria.

The punishment for offences relating to the National Flag is N150.00 only and there is no option of imprisonment. The punishment is unpatriotic and cannot deter offenders. It is a mockery of today’s realities. Hence, there is need for the National Assembly (federal legislatures) to amend the federal law (The Flag and Coats of Arms Act of 1960). The 60 years old federal law needs an urgent amendment!

My authorities, are:
1. Section 1, 2, 3, 24, 214 and 215 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the Flag and Coats of Arms Act, 1960
3. A. Igoni Barret, “I remember the day … I designed the Nigerian flag” (Aljazeera, 3 September 2015)<https://www.aljazeera.com/program/episode/2015/9/3/i-remember-the-day-i-designed-the-nigerian/ > accessed 20 October 2020.
4. Onyekachi Umah, ”Can Any State In Nigeria Own A Flag And Fly It Instead Of The National Flag?” (LearnNigerianLaws.com, 7 November 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-222-can-any-state-in-nigeria-own-a-flag-and-fly-it-instead-of-the-national-flag/ > accessed 20 October 2020.
5. “Federal Republic of Nigeria” (FOTW, 10 October 2015) <https://fotw.info/flags/ng.html > accessed 20 October 2020.
6. Onyekachi Umah, “Six Duties Of All Nigerians In Any Part Of The World” (LearnNigrerianLaws.com, 28 August 2019) <https://learnnigerianlaws.com/six-duties-of-all-nigerians-in-any-part-of-the-world-daily-law-tips-tip-402-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 20 October 2020.

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