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10 Influential Male Lawyers who defined Africa’s Decade (Part 1 of 2)

AFRICA IN THE 2010S DECADE

Lawyers played a centre stage in the history of the world and of Africa. In a separate instalment, Africa Legal News features female lawyers who shaped Africa. In this two-part instalment, we highlight their male counterparts. In the first issue, we look at PLO Lumumba, Jordan Kinyera and Chidi Odinkalu. We also feature Advocate Tembeka Ngcukaitobi of South Africa and the late President of Zimbabwe, Robert Mugabe.

Lawyers played a centre stage in the history of the world and of Africa. In a separate instalment, Africa Legal News features female lawyers who shaped Africa. In this two-part instalment, we highlight their male counterparts. In the first issue, we look at PLO Lumumba, Jordan Kinyera and Chidi Odinkalu. We also feature Advocate Tembeka Ngcukaitobi of South Africa and the late President of Zimbabwe, Robert Mugabe.

1. Patrick Loch Otieno Lumumba (Kenya)

Patrick Loch Otieno Lumumba, better known as Professor PLO Lumumba is a lawyer based in Kenya.  He served as Director of the Kenya Anti-Corruption Commission from September 2010 to August 2011. He has also been Director of the Kenya School of Laws.

PLO Lumumba has been an outspoken advocate for transparency and democracy

Lumumba has been an outspoken advocate for transparency and democracy, and this has earned him awards as well as enmity by the other African States. In 2018, he was denied entry into Zambia where he was due to address a forum on China Africa relations.

 He is the author of Kenya’s Quest for a Constitution: The Postponed PromiseCall for political hygiene in Kenya and many other works on law and politics.

Lumumba holds a PhD in Laws of the sea from the University of Ghent in Belgium.

2. Tembeka Ngcukaitobi (South Africa)

Advocate Tembeka Ngcukaitobi is a lawyer and writer from South Africa. Ngcukaitobi is a member of the South African Law Reform Commission.

Tembeka Ngcukaitobi, a critical part of modern South African political and legal history

Ngcukaitobi has been a critical part of the recent Southern African political and legal history. Ngcukaitobi represented the opposition Economic Freedom Fighters in a case arguing for the State Capture Report to be released in the North Gauteng High Court. He was also part of the legal team challenging Zimbabwe’s 2018 elections.

 Ngcukaitobi is the author of The Land Is Ours: South Africa’s First Black Lawyers and the Birth of Constitutionalism.

 Ngcukaitobi also worked extensively on the public interest law sector at the Legal Resources Centre, a leading South African public interest law centre where he became Director of its Constitutional Litigation Unit.

He holds a BProc, LLB (Unitra), LLM (Rhodes) and LLM (London School of Economics).

3. Robert Mugabe (Zimbabwe)

Robert Mugabe was the Prime Minister and former President of Zimbabwe, having led the county to independence from white settler rule in 1980. The 2010s finally saw the steeping seen of long-time leader Robert Mugabe, a man of many professions including law, economics, public management and education

Mugabe stepped down after a military-led uprising in2018 and was to die two years later in September 2019. His removal from office has been a subject of debate on constitutionalism.


Robert Mugabe is sworn in as Prime Minister of Zimbabwe in 1980





Part of the AfricaLegalNews Africa in the 2010s Decade Series

Lawyers played a centre stage in the history of the world and of Africa. In a separate instalment, Africa Legal News features female lawyers who shaped Africa. In this two-part instalment, we highlight their male counterparts. In the first issue, we look at PLO Lumumba, Jordan Kinyera and Chidi Odinkalu. We also feature Advocate Tembeka Ngcukaitobi of South Africa and the late President of Zimbabwe, Robert Mugabe.

1. Patrick Loch Otieno Lumumba (Kenya)

Patrick Loch Otieno Lumumba, better known as Professor PLO Lumumba is a lawyer based in Kenya.  He served as Director of the Kenya Anti-Corruption Commission from September 2010 to August 2011. He has also been Director of the Kenya School of Laws.

PLO Lumumba has been an outspoken advocate for transparency and democracy

Lumumba has been an outspoken advocate for transparency and democracy, and this has earned him awards as well as enmity by the other African States. In 2018, he was denied entry into Zambia where he was due to address a forum on China Africa relations.

 He is the author of Kenya’s Quest for a Constitution: The Postponed PromiseCall for political hygiene in Kenya and many other works on law and politics.

Lumumba holds a PhD in Laws of the sea from the University of Ghent in Belgium.

2. Tembeka Ngcukaitobi (South Africa)

Advocate Tembeka Ngcukaitobi is a lawyer and writer from South Africa. Ngcukaitobi is a member of the South African Law Reform Commission.

Tembeka Ngcukaitobi, a critical part of modern South African political and legal history

Ngcukaitobi has been a critical part of the recent Southern African political and legal history. Ngcukaitobi represented the opposition Economic Freedom Fighters in a case arguing for the State Capture Report to be released in the North Gauteng High Court. He was also part of the legal team challenging Zimbabwe’s 2018 elections.

 Ngcukaitobi is the author of The Land Is Ours: South Africa’s First Black Lawyers and the Birth of Constitutionalism.

 Ngcukaitobi also worked extensively on the public interest law sector at the Legal Resources Centre, a leading South African public interest law centre where he became Director of its Constitutional Litigation Unit.

He holds a BProc, LLB (Unitra), LLM (Rhodes) and LLM (London School of Economics).

3. Robert Mugabe (Zimbabwe)

Robert Mugabe was the Prime Minister and former President of Zimbabwe, having led the county to independence from white settler rule in 1980. The 2010s finally saw the steeping seen of long-time leader Robert Mugabe, a man of many professions including law, economics, public management and education

Mugabe stepped down after a military-led uprising in2018 and was to die two years later in September 2019. His removal from office has been a subject of debate on constitutionalism.

Robert Mugabe is sworn in as Prime Minister of Zimbabwe in 1980

Robert Mugabe made a tremendous influence, both negative and positive, on Pan-Africanism and back empowerment as well as on legal and political developments in Zimbabwe and the Third World in his lifetime.

Mugabe earned two law degrees in prison in the pre-independence days, namely a Bachelor and a Master of Laws from the University of London (External Programme) among other qualifications.

4. Jordan Kinyera (Uganda)

Jordan Kinyera is a lawyer from Uganda. He attained his law degree after seeing his family lose its land. The High Court of Appeal in Uganda finally ruled in his father’s favour in 2019, finalising over two decades of legal disputes. He is now involved in assisting other people engaged in similar conflicts. His case is compelling in Africa, where several people lose land in disputes with corporates or to wealthy individuals who can afford to hire big-name lawyers.


Jordan Kinyera

5. Chidi Odinkalu (Nigeria)

Chidi Odinkalu is a lawyer and human rights activist from Nigeria. He has also worked as a law lecturer and writer. He was chairperson of Nigeria’s National Human Rights. He advised various international organisations such as the Ford Foundation, World Bank, African Union and International Council for Human Rights Policy, Geneva; and many others. In 2018, he co-authored Too Good to DieThird Term and the Myth of the Indispensable Man in Africa .

Chidi Odinkalu

Odinkalu is currently the Senior Managing Legal Officer for the Open Society Foundation’s Open Society Justice Initiative.

Odinkalu holds a PhD in law from the London School of Economics and Political Science.

Credit: https://africalegalnews.com/2020/01/10-influential-male-lawyers-who-defined-africas-decade-part-1-of-2/

Azuka Azinge: Why the hurry to remove her?

Hon. Justice Kayode Eso, JSC nailed it.  He was a man never known to trifle with words. That much he did in the 1986 case between the Governor of Lagos State and Chief Chukwuemeka Odumegwu Ojukwu. It was another case of government’s disobedience to court’s orders.

Kayode Eso, JSC

His words: “When we allow the very foundation of adjudication to be eroded with disdain then we should be ready to say “goodbye” to Rule of Law, Peace, and Orderliness and welcome to “anarchy”, and “chaos”, and the whole society suffers for it.”

Eso’s words resonate even as questions continue being asked over the recent suspension of Lady Azuka Azinge as acting Registrar-General of the Corporate Affairs Commission (CAC).

On January 6, a Motion on Notice emanating from the Exparte Order leading to her removal will be heard at the Code of Conduct Tribunal (CCT). The question now is what was the urgency in having her suspended?

An ex parte application in law is an application that is taken in cases of extreme urgency, where failure to take it will result in destroying of the res (subject matter) or where an irreparable damage could be done if not granted.

In the case at hand, what damage could have been done if the order directing the suspension of Azuka Azinge was not made? Certainly the matter at hand is not such contemplated by the law as requiring the preservation of a res.

Little wonder why the President of Nigerian Bar Association, NBA, Mr. Paul Usoro, SAN described the entire process as an abnormality.

Usoro in his New Year speech remarked that the process leading to the removal is an abnormality that does not portend good for the security of tenure of our public officers.

Paul Usoro, SAN

“Economic growth can only be attained in an atmosphere of predictability and certainty. This new practice of tripping and removing our public officers through contrived CCT ex-parte orders corrodes confidence in the system.”

Other Nigerians have been unanimous in their objection to the speed/urgency of the entire proceedings.

A staff of the Commission who spoke under anonymity had this to say: “Ordinarily, a court must hear the other side before determining a matter. And so having granted an ex parte order which has a 14 day life span, the other side must be heard, hence the 6th January date. The public outcry is, why make such an order at that stage? It’s as if waiting for 6th January will make the heavens fall or the subject matter (res) destroyed; which are the principles guiding ex parte applications.

“These and other steps taken by the CCT leaves a reasonable person watching the proceedings to have an impression of likelihood of bias on the part of the Umpire, hence the huge outcry.”

A motion ex parte is an application which can be heard in the absence of the other party. When an ex parte order is made, the other party is put on Notice.

Meanwhile, the life span of an ex parte order is 14 days. Consequently, between 24th December 2019 when it was made to 6th January, 2020 (within 14 day period/life span of an ex parte order) the matter should be heard and an ultimate decision taken on the matter after hearing the other side.

That is the practice and procedure. The return date for the ex parte application has to be 6th January, 2020, otherwise the order will expire. The question again is why the hurry to shove her out of office?

Speaking on the matter, Chairman of Nigerian Bar Association Abuja branch, Folarin Aluko joined in condemning the procedure adopted by the CCT.

Aluko in a statement released on the 31st December, 2019, observed that there were grave concerns among members of the public about whether the Code of Conduct Tribunal, an organ of the Executive, is being used to achieve partisan objectives as it would be clearly against Nigerian Law for the Tribunal to direct the Hon. Minister of Trade & Investment to suspend and/or replace a Registrar General of the Corporate Affairs Commission.

 The statement reads: “By virtue of Section 8 of the Companies and Allied Matters Act (CAMA), it is only the Corporate Affairs Commission that has the statutory mandate to appoint the Registrar General of the Commission. This power is granted by the CAMA to the exclusion of the President of the Federal Republic of Nigeria and his agent, the Minister of Trade and Investment.

Folarin Aluko

“Interrogating the issue further, Section 11 (1) (c) of the Interpretation Act goes on to state that where a law confers a power of appointment, that power also includes the power to remove or suspend. By implication of a community reading of these two provisions, only the Corporate Affairs Commission can suspend or remove an Acting or substantive Registrar General. The rationale for this is not farfetched- there is clearly a need to insulate the operations of the Corporate Affairs Commission, and by implication, the economy, from the politics and bureaucracy of the Civil Service.

“This position which has been affirmed by our Courts, was recently tested in a public interest lawsuit filed on behalf of the Intellectual Property Lawyers Association Nigeria, represented by the firm of Trumann Rockwood Solicitors. I was privileged to appear as Lead Counsel in that suit.

“Although established in the Constitution of the Federal Republic of Nigeria, 1999 (as amended) as an agency of the Executive, the Tribunal is also a quasi-judicial body with a narrow scope and limited jurisdiction. The Tribunal is subject to the rule of law and is bound to observe the principles of Natural Justice and Fair Hearing.

“It is trite that justice must not only be done, it must manifest and be seen to have been done. The Tribunal should not place itself in a situation where the confidence reposed in it by the public to do justice is eroded.”

Meanwhile, Lawyers Network Against Corruption (LAWNAC) have disclosed that it has filed a Freedom of Information Act Request to determine whether the administrative predication for the charge against Lady Azinge is in compliance with the provisions laid out in the 5th Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Code of Conduct Bureau and Tribunal Act and the Code of Conduct Practice Directions 2017.

In a statement released on the 3rd January, 2019, via its official Twitter handle @lawnacng, LAWNAC said it is concerned about the allegations of bias, ethnic targeting and abuse of process in the commencement and prosecution of charges against Lady Azuka Azinge by the Code of Conduct Tribunal.

The organisation said it is of the firm view that justice must not only be done, it must manifestly be seen to have been done. This means that the Code of Conduct Tribunal must never place itself in a situation where the confidence reposed on it by the public to do justice to all parties before it in all circumstances is eroded. The stream of justice must be kept clean and clear without any suspicion of pollution.

“LAWNAC is more particularly concerned about these weighty allegations following the shocking use of ex parte orders by the Tribunal, noting that the Court of Appeal recently chided the Tribunal and the Chairman for conduct creating a likelihood of bias.

“LAWNAC is concerned that the current trajectory on which the Tribunal is headed is against the spirit and letter of the laws establishing the Tribunal and will derail the Tribunal and erode any public confidence reposed in the Tribunal.

“LAWNAC recognizes that the Learned Justices of the Court of Appeal have had course to reprimand the Chairman of the Tribunal in the case of Rasheed Owolabi v. FRN, Suit No: CA/A/623C/2016 decided on the 2nd March, 2018, where the Court of Appeal overturned the ruling of the Tribunal headed by Chairman Danladi Umar against the Defendant, Mr. Owolabi.

“In the words of the Court of Appeal: ‘The pertinent question is whether in the circumstances of this case, it may not be inferred that right-minded persons of the public would have the impression that there is a real likelihood of bias against the appellant. Any reasonable man observing the proceedings will definitely have the impression, in the prevalent circumstances of this case, that the appellant will not get a fair trial from such a Tribunal whose chairman has had some grievance or embattlement with the appellant.’

“It is in fact noteworthy that the chairman was not completely absolved of blame in the petition filed against him to EFCC by the Appellant. Though the EFCC, after investigation had concluded that there were no sufficient facts to prosecute the chairman of the Tribunal, Justice Umar over the allegation of graft made against him by the Appellant, yet he was vilified for ‘a most unethical and highly suspicious conduct in his part” for the chairman meeting privately with the Appellant in his chambers at the Tribunal. It is also significant to note that the Personal Assistant to the Chairman is being prosecuted for some amount of money paid into his account by the Appellant over the same matter.’ See E.F.C.C. Investigation Report at pp. 68-69.

“Part of the EFCC Report specifically stated thus: ‘There are indications that the tribunal Chairman might have demanded and collected money from the complaint through his said personal assistant. However, efforts made to recover the telephone handset used by Justice Umar proved abortive, as he claimed that he had lost the telephone in 2012. This has made it impossible to subject it to independent scientific analysis with a view to corroborating the allegation. Justice Umar also admitted that he met privately with the complaint in his chamber at the tribunal. This is unethical and highly suspicious conduct on his part.” (See p. 69 of the Record of Appeal)

The Lawyers Network Against Corruption is a network of Legal Practitioners in public and private practice from all 36 states of the Federal Republic of Nigeria dedicated to the fight against corruption Nigeria, and especially in the legal profession and the justice delivery sector.

The Child Refugees ‘Sold’ Through Facebook

Having fled the conflict in Cameroon’s English-speaking regions, a number of Cameroonian child refugees are becoming victims of human trafficking, including being marketed as maids through Facebook

By Philp Obaji JR

For over a week in December, Stan Wantama used his Facebook page to upload photographs of teenage Cameroonian girls, who fled the conflict in their country’s Anglophone regions to border communities in southern Nigeria, as he sought interest from people willing to pay to have them as maids.

In one post, he put up a photograph of a young girl he said was 16 years of age and asked Facebook users interested in having her as a maid to contact him by sending a private message via the social media platform or through an email he displayed in the post.

In another post, Wantama uploaded an image of a girl he claimed is “intelligent, hardworking and about 17,” and asked persons interested in hiring her as a maid to “inbox me.”

Photograph of an allegedly 16-year-old girl Stanley Wantama sought to give away as a maid by advertising her on Facebook.

I reached out to Wantama through the email he gave, asking him about the background of the girls he displayed on Facebook and the process of getting a maid from him. He did respond to my email, but without going into details in many areas.

“They could come from anywhere,” he said, in response to my question regarding where the girls he offers as maids come from. 

With regard to the average age of the girls Wantama offers as maids, he replied by saying “it depends on what age range you want.”

According to Wantama, anyone interested in having any of his maids has to first send him a private message via Facebook or an email stating his or her name, address, phone number, and occupation.  

“No fee is paid immediately,” Wantama, whose profile photo on Facebook is a drawing of a young man in black and white colours, told me. “You are to pay 30,000 naira (about $82) every month to the maid as her salary and agree to give her accommodation and a day off every week.”

“For the first month, you are to pay her salary after she works for a week,” Wantama added.

In response to my question about if there was someone available to work immediately as a maid, Wantama sent a photograph of a girl he said is a 13-year-old Cameroonian, whom I’ll call Glory, living in Adagom, a small community inside Ogoja Province in Nigeria’s south-central Cross River State, along the border with Cameroon. Wantama said the parents of the girl approved of her becoming a maid. He rejected my request to speak directly with the parents or any available relative of the girl by telling me “you have to speak [to any of them] through us.”

In another email to Wantama two days later, I asked if the girls who currently had their photos displayed on his timeline were still available as maids, he replied by saying, “on Facebook, we take out the photo of anyone who has been given away as a maid. We’ve taken a couple away.”

A Facebook user, who reacted to one of Wantama’s posts, appeared to confirm what he said about deleting photos of girls who’ve been given away as maids by telling me in a chat via Facebook Messenger, “I think I have seen some other photos of young girls which I no longer see again.”

It’s difficult to ascertain how many Facebook users Wantama’s posts have reached, as his friends are not visible to the public. Nevertheless, his activities on the site did gain some public interest.

In one post in which he displayed a photograph of a teenage girl and offered to give her away as a maid, one person commented by saying, “I’m interested.” Wantama then replied, “check your inbox,” apparently insinuating that he had sent a private message to the Facebook user on how to go through the process of having one.

It took until the following day for Facebook to respond to my email reporting Wantama’s activities on the platform. In her reply to my email at about 10 p.m., Nigerian time, Kezia Anim-Addo, Head of Communications for Facebook in Africa, told me the company was “currently looking into this at the moment.” Wantama’s account was suspended at about the period of Anim-Addo’s reply, nearly 29 hours after Facebook’s attention was drawn to his inappropriate posts. The delay in taking action enabled Wantama’s posts to gain more views and a reaction to one of his posts from a Facebook user.

Yandex, the Russian tech company which provided the email Wantama displayed in a number of his Facebook posts did not respond to my request for comments for this article.

In his replies to my emails, Wantama didn’t give much details about the girls he had advertised on Facebook but, by mentioning where the 13-year-old girl in his first email lives, I thought I had enough information to pursue an investigation into his activities.

On Facebook, Stanley Wantama offered to give away this allegedly 17-year-old girl to a anyone able to afford her as a maid.

I travelled to Ogoja shortly after my second email chat with Wantama. The town is home to thousands of Cameroonians who are taking refuge in communities like Adagom and Okende.

In November 2016, lawyers from Cameroon’s English-speaking took to the streets to protest against the government’s decision to appoint Francophone magistrates in Anglophone courts, despite lacking training in British common law. Teachers in the Northwest and Southwest regions also called sit-in protests in response to the appointment of French speakers in Anglophone schools who lacked the ability to communicate fluently in English.

But it was the declaration of a new state called Ambazonia on October 1 2017 by separatists that angered the Cameroonian government. Security forces began a brutal crackdown on protesters, killing people and burning communities.

A number of armed groups began to retaliate, worsening the crisis and contributing to the displacement of hundreds of thousands of Anglophones who make up 20 percent of Cameroon’s more than 24 million inhabitants and often complain of being marginalised.

Nearly 10,000 of these refugees occupy temporary shelters built with mud bricks and covered with corrugated iron sheets in refugee settlements in a few locations in Ogoja. Many others live in host communities.

In Adagom community, where Wantama had told me Glory lives, I showed the photographs of the 13-year-old and other girls which he had uploaded on his Facebook page to dozens of people in the settlement. While no one initially recognized Glory, a number of persons said they had seen two of the other girls in the camp a few months back.

“I don’t think they still stay here,” one man, who said he had seen the girls on numerous occasions in the past, told me but he couldn’t confirm whether or not the girls lived in the settlement alone or with their families. “They probably have moved into the host community.”

After spending more than six hours moving round the settlement asking if anyone knew the girls whose photographs appeared on Wantama’s Facebook page, a young girl who initially said she had never met Glory, came back to tell me she knows the teenage girl very well and was ready to take me to where she lives.

We arrived Glory’s home a few minutes before 7 pm. The teenager lives with her middle-aged parents and her 15-year-old older sister in a two room mud house not very far away from the refugee settlement.

Eighteen months ago, Glory and her family fled their home in the southwestern Cameroonian town of Akwaya after soldiers stormed their compound and began to burn houses. They arrived in Adagom after spending days in the bush, near the Nigerian border, trying to escape the violence in their country.

A year after Glory’s family began to live in Adagom, a middle-aged man, who met the young girl’s father in a local carpentry workshop, where the Cameroonian works, offered to connect his daughters to families who’ll assist them return to school after learning that he had two female children who were not able to complete their secondary education over lack of funds. He later got to the home of the Cameroonian family and took photos of the two girls.

“He gave his name as Stanley,” Glory’s father said of the middle-aged man suspected to be Wantama (in Wantama’s first reply to my email, he stated his full name as Stanley Wanta Wantama). “He said he could help give my daughters as maids to families who will send them in school and not pay for their services.”

“The photo you showed to me is the same photo he took of my daughter,” he added.

Image of 13-year-old Glory who has been taken to Markurdi in north-central Nigeria by Stan Wantama to work as a maid in what appears to constitute human traffickingStan Wantama

Glory’s father was told by Wantama that he lives in Ogoja town where he works as a public servant, but his profile on Facebook tells a different story. 

Wantama wrote on the social media platform that he lives in Abuja, Nigeria’s capital, and is a self employed businessman. While he once said to Glory’s father that he schooled in Ogoja town, he indicated on Facebook that he had his secondary and tertiary education in the north-central Nigeria city of Lokoja.

When I requested to see Glory, her father told me that someone working for Wantama took her to Makurdi, another city in north-central Nigeria, where she is expected to work as a house help to a family of eight persons.

“They left in the morning,” Glory’s father said. “I was assured that she’ll be allowed to return to school as from September 2020.”

After informing him that Wantama offered his daughter to me as a maid in exchange for monthly payments, Glory’s father said he was shocked to learn of the development and admitted making a mistake trusting the man he thought will “bring smiles to the family.”

“We never discussed paying anyone,” Glory’s 50-year-old father said. “The man (Wantama) completely deceived me.”

Glory’s father’s biggest regret is not listening to a colleague who warned him about trusting Wantama.

In February, Wantama promised to take the 16-year-old daughter of Collins, who works in the same carpentry shop as Glory’s father, to Calabar to work as a house help to a nuclear family of four. He had assured Collins that the teenager will be allowed to further her education while serving her hosts.

But in the six months the teenager lived in Calabar, she was not only denied the opportunity to attend school but also forced to work for 12 hours, six days a week, as a sales girl in a small shop owned by the family.

“She worked from 8 a.m. to 8 p.m. everyday except on Sundays and was only fed in the morning.” Collins, who—like Glory’s father—fled the fighting in southwest Cameroon with his wife and four children in 2018, told me. “If she wasn’t up at 4 a.m. everyday, her madam will beat her up using any object she finds.”

At the end of each month, Collins’ daughter received 15,000 naira (about $41) from the family she served, but Wantama often showed up to take almost 80 percent of the money. The girl’s parents were not aware of such payment at the time.

Fed up with being made to work for very long hours daily without having enough food and rest, Collins’ daughter ran out of where she lived one Friday morning in August to a bus station where she boarded a vehicle that took her to Ogoja, having saved enough money for the journey. She eventually made it back to her parents in Adagom.

“She looked so immatiated when she returned,” Collins said of his daughter. “There were marks all over her body that showed the high level of torture she suffered in the hands of the people she served.”

It was based on what his daughter experienced in Calabar that made Collins advice Glory’s father not to let his own daughter move away with Wantama.

“I wish he (Glory’s father) had listened to me,” Collins said. “He just didn’t want to believe anything my daughter and I told him about Stanley [Wantama].”

Life is generally difficult for Cameroonian refugees in Adagom, where thousands of people face huge challenges getting jobs and accessing basic social services.

An Emergency Food Security Assessment conducted a year ago by the United Nations found that more than 80 percent of Cameroonian households in refugee settlements and those in host communities are  “severely or moderately food insecure.” 

According to the U.N., three in four refugees may be resulting to highly risky measures like child labor and survival sex to cope with the demands of life in where they live. Many, like Glory, end up in the hands of persons with a history of exploiting vulnerable people.

Attempts by Glory’s father to reach Wantama by phone were unsuccessful. The man, who now appears to be in the business of child trafficking, did not respond to my email for comments about the status of Glory. The girl’s father, who now wants his daughter to return to her family, vowed to keep trying to speak with him.

“Whenever I can get to him, I’ll tell him to make sure my daughter is back home immediately,” he said. “She can’t be a slave to anyone.”

Source: Sahara Reporters

Nigeria Named Among Countries Where Journalists Were Killed In 2019

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The IFJ listed 18 countries from the world where journalist were killed since the start of the year

Nigeria has been listed among countries where death of journalists and media professionals occurred in 2019.

While over 19 journalists were harassed, assaulted, brutalised, arrested and detained in 2019, a reporter was killed in the country.

The death of Precious Owolabi, a reporter attached to Channels TV, sees Nigeria emerging the least country with record of death of journalists.

Recall that the detention of Agba Jalingo was recorded in the November list of One Free Press Coalition of the most urgent cases of threats to press freedom suffered by journalists around the world.

Student journalists are also facing attack and intimidation by various state governments with the growing repression of media space in the country.

The IFJ recorded 49 killings of journalists and media professionals in 2019, a significant drop from 95 in 2018.

The IFJ listed 18 countries from the world where journalist were killed since the start of the year.

The Federation says that while the apparent decreasing bloodbath in the journalists’ community is a welcome relief, the spread of killings and the motives behind the killings are sobering reminders that violence against journalists is still rampant and failure to combat impunity for these attacks remain a damning indictment on those in power.

“Africa (9), Asia Pacific (12), Europe (2), Latin America (18) and the Middle East and Arab world (8). The Federation also recorded six work-related accidental deaths in Tanzania (5) and the United States (1).

“The death toll is the lowest since 2000, when 37 journalists and media staff were killed, but the causes of the loss of life during 2019 remain largely the same,” said IFJ President, Younes Mjahed.

Culled from: Sahara Reporters

Power minister speaks on appointment of ex-level 12 official to head electrification agency

President Muhammadu Buhari has the prerogative to appoint anyone he believes can deliver on his official mandate, the Minister of Power, Saleh Mamman, said on Wednesday.

The minister was reacting to an exclusive report by PREMIUM TIMES on the controversial appointment by the president of a former mid-level civil servant, Salihijo Ahmad, as the managing director and Chief Executive Officer of a crucial electrification agency, the Rural Electrification Agency (REA).

The REA was created by the Electric Power Sector Reform Act in 2006 to facilitate the provision of affordable power supply for residential, commercial, industrial and social activities in the rural and semi-urban areas of the country using renewable energy sources.

Checks by the newspaper revealed that the new REA boss is a former Level 12 public official at the Infrastructure Concession Regulatory Commission (ICRC) which he is said to have exited in 2018. He is also the son of late Salihijo Mohammed Ahmed, a former managing director of Afri-Project Consortium.

Prior to his death on July 7, 1999, the elder Mr Ahmed was a project consultant to the Petroleum Trust Fund (PTF) then headed by Mr Buhari, who was appointed to the position by the then military ruler, Sani Abacha.

Sources in the power sector queried the appointment, saying the claim by the power minister that the new appointee has ‘vast experience’ in the sector is false. They also queried how a mid-level public official just over a year ago could be appointed head of such a crucial agency if not for his family links.

Additional findings by this newspaper showed that while Mr Ahmad does have experience from his brief stint in the power sector both as a public servant and since he ventured into private practice in 2018, his description as having “vast knowledge and experience in power sector development” may have been exaggerated.

Before our story was published, PREMIUM TIMES reached out to Mr Ahmad and the power minister, none of them replied.

However, the minister through his spokesperson reached out after the story was published.

In his response, the power minister, Saleh Mamman, justified the controversial appointment, saying he has confidence in the president’s decision on the appointment.

Earlier, President Buhari’s spokesperson, Garba Shehu, told our reporter in a telephone chat that his principal likely relied on the recommendation of the minister to make the appointment.

“My advice is that you get in touch with the Minister of Power who oversees the affairs of the agency and may have made the recommendation to the president for the appointment,” Mr Shehu said.

The minister’s response, however, indicated the appointment was directly by the president.

In a response sent to PREMIUM TIMES by his spokesperson, Emmanuel Bello, the power minister said:

“The president has the prerogative for appointments and he has severally said he would only work with individuals he can vouch for and the minister wholly agrees with this.

“The president is serious about power reforms and has said it several times. Besides, Nigerians are right now more concerned about what anyone can deliver in this bid.

“Political appointments are not based on civil service levels. What many care about right now is what the new REA boss has to offer and we have confidence in the president’s decision.

“The former leadership of the REA wasn’t helping to solve the darkness crisis of the country as many reports have shown. We must, therefore, support the president in his effort to sanitise the sector,” the minister said.

Credit: Premium Times

Analysis – 2019: Nigeria’s stock market ends in red, 2020 offers hope

By  Chinyere Joel-Nwokeoma (NAN)

With no fewer than six days of trading before the year ends, it is almost certain that transactions on the Nigerian Stock Exchange (NSE) will close in the red zone.

The outgoing year is, indeed, turning out to be yet another locust year for both local and foreign investors, due to an unfriendly operating environment.

This analysts said was in spite of the impressive financial results churned out by most quoted companies.

According to the analysts, the market was negatively impacted by the general elections, insecurity and unstable monetary and fiscal policies, among others, even in the face of stability in foreign exchange market.

Records of trading on the NSE as of December 20, 2019 showed that the equity market dipped by 15.60 per cent year-to-date due to massive sell-offs, yet it recorded strong corporate fundamentals of listed companies against a loss of 17.81 per cent in 2018.

At the close of transactions on Dec. 22, the All-Share Index of the Exchange during the review period dropped by15.60 per cent year-to-date to close at 26,526.35 against the opening year index of 31,430.50.

However, the market capitalisation which opened for the year at N11.720 trillion in spite of two major listing gained N1.08 trillion to close trading on Dec. 22 at N12.804 trillion.

Market watchers are of the opinion that the loss could have been higher if not for the increased number of listing witnessed during the year.

Analysts believe that despite the decline, 2019 would remain evergreen in the history of the Exchange with the array of new listings like SAHCOL, MTN Nigeria Communications and Airtel Africa.

SAHCOL Plc, which is a competitor to NAHCO Plc, listed 1,353,580,000 ordinary shares at N4.65 per share by way of an Initial Public Offering (IPO) on the main board of the NSE on April 23, 2019.

Specifically, MTN Nigeria on May 16listed, by introduction, a total of 20.35 billion ordinary shares at N90 per share, lifting the market capitalisation then by N1.83 trillion.  

Mr Oscar Onyema, NSE Chief Executive Officer, said MTN Nigeria’s listing on the nation’s bourse was a testament of its commitment to building a dynamic and inclusive market, and creating channels for sustainable investment.

Also, Airtel Africa in July  listed 3.76 ordinary shares on the main board of the NSE at N363 per share.

Commenting on the performance of the stock market in 2019, Malam Garba Kurfi, the Managing Director, APT Securities and Funds Ltd, said the major achievement of the market was its ability to attract the listing of MTN and Airtel Africa.

Kurfi who commended the Exchange for the listing said it was an option to either list on the NSE or the JSE but Nigeria succeeded in bringing them to list on NSE.

“The listing of the two stocks gives the market capitalisation of over N3 trillion, which is over 26 per cent,” he said.

He said another high point of the year was the success of getting the Demutualisation Bill to be signed into law by the President, noting that its implementation would likely commence by the first quarter of 2020.

Kurfi added that achieving one trillion capitalisation for mutual funds was another great feat for the year 2019. 

He noted that the performance of the stock market would close in negative zone at the end of the year with the cumulative loss of 30 per cent or more for 2018 and 2019.

However, Kurfi expressed optimism that 2020 would be a a good year for the stock market as witnessed in 2017 when the market gained more than 42 per cent after dropping in 2015 and 2016.

He listed the factors expected to drive the market in 2020 to include early signing of  the budget, payment of new minimum wage and increment in the Loan Deposit Ratio (LDR).

Kurfi noted that the early signing of the budget would likely increase the Capital Expenditure (CAPEX) performance for the year 2020 with multiplier effects on the economy.

“The salary increase will improve the purchasing power of the workers who may increase their savings and Investments. 

“The Loan Deposit Ratio (LDR) will increase credit to private companies who will likely increase their production and profit declaration.

“The restrictions of participants into OMO and TBs will push investors into equities. The low price of the stocks mostly trading below their fair value is an attraction to the capital markets,” he said.

To Mr Ambrose Omordion, the Chief Operating Officer, InvestData Ltd., the stock market would end the year in red but increased number of listed companies, primary market activities and some mergers were remarkable achievements that impacted positively on market capitalisation.

Omordion also lauded the market regulators for the listing of MTNN Airtel Africa and SAHCOL that strengthened the market capitalisation, noting that the new listing helped in minimising the loss. 

He said the current move by the monetary policy to push funds to the private sector the CBN LDR of 65 per cent would stimulate economic productivity and growth.

According to him, the fiscal authorities need to double their efforts through economic reforms that will complement the CBN policies to support this recovery move.

He added that the signing of the first phases of the trade agreement, lower rates in advanced economies and markets by USA and China would likely redirect funds to emerging and forntier markets in 2020.

Mr Moses Igbrude, the Publicity Secretary, the Independent Shareholders Association of Nigeria (ISAN), said the performance of the stock market in 2019 was neither here nor there as some companies paid good dividends, especially banks.

Igbrude said policy instability, insecurity, port congestion, multiple taxation and infrastructural deficiency affected the market during the period under review with some companies delisting from the NSE.

At the last count, he said seven companies namely Skye Bank, Fortis Microfinance Bank, First Aluminium, Newrest, Diamond Bank, Dangote Flour and Great Nigeria Insurance delisted in 2019.

He stated that some of the companies delisted as a result of environmental factors and government policies.

“I am appealing to the Federal Government to take the capital market seriously because it is the barometer to measure the economy of any nation by providing the necessary support through good policies,” Igbrude said.

He tasked government to pursue policies that would enhance infrastructure development, improve power stability, eliminate ports congestion by opening up other ports in other parts of country.

Another shareholder activist, Malam Shehu Mikail, President ,National President Constance Shareholders’ Association of Nigeria, said the stock market in Nigeria had not been able to achieve its potential due to the inability of most of the operators to adhere to true transparency and accountability.

Mikail said the much-needed compliance was now getting better due to the regulatory measures instituted by the Securities and Exchange Commission.

He challenged government to create the needed policies and an enabling environment to attract more listing and investment to the nation’s bourse.

“Nigeria capital market is a bedrock to enhance the potential of our economy if only our government could create well and essential policies that would attract investors to the market,” he said.

Kano govt impounds 2 trucks loaded with fake drugs

By Aisha Ahmed

The Kano State Task Force on Fake and Counterfeit Drugs has impounded two trucks loaded with fake and expired drugs, a statement from the health ministry said on Saturday.

The statement signed by Malam Ismail Gwammaja, Public Relations Officer of the ministry, said that the Chairman of the task force and Commissioner for Health, Dr Aminu Tsanyawa, led the hunt for the trucks on receiving an information about them.

It said that the trucks were found in an incomplete building at Unguwar Dabai in Dala Local Government.

The statement said that government was committed to curbing the sale and consumption of illicit and fake drugs “especially by youths and women in the state”.

It said that government was strict on its resolve to end the rampant use of the substances and had ordered that the drugs market in Sabon Gari be moved to Dangwauro in Kumbutso Local Government.

The Commissioner appealed to Kano residents to complement government’s efforts toward a drug-free society by reporting suspicious acts and movement of people dealing with such drugs.

(NAN)

Bruce Lee’s daughter sues cafe over dad’s logo

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A company run by Bruce Lee’s daughter is suing a popular Chinese fast food chain over its use of an image of the late martial arts star.

Shannon Lee’s Bruce Lee Enterprises alleges Real Kungfu has used the image in its logo without permission.

The firm wants the fast food chain to immediately remove the image, and is reportedly seeking 30m dollars in compensation.

The restaurant argues local authorities approved its use of the logo.

The image depicts a dark-haired man in a martial arts pose.

“The Real Kungfu chain’s logo is one that the company had applied for and obtained after a rigorous screening by the national trademark agency, we have already been using this for 15 years”, the company said in a statement posted on China’s Weibo platform.

“We are baffled that after so many years we are now being sued, and we are currently energetically studying the case and preparing our response.”

The Guangzhou-based fast food chain, which is known as Zhen Gongfu in Mandarin, was founded in 1990 and has around 600 outlets across China.

Bruce Lee Enterprises handles the merchandising and licensing of the kung fu star’s image.

In a statement on its website, the company said it is “dedicated to sharing the art and philosophy of Bruce Lee to inspire personal growth, positive energy, and global harmony and aims to keep the martial artist’s energy alive”.

Bruce Lee Enterprises did not immediately respond to a request for comment.

The case is likely to be watched closely as the Chinese government has in recent years promised to increase protections for intellectual property rights.

NAN

How a seven-month-old Supreme Court ruling revived a nine-year-old case against GSK

In December 2017, U.S. District Judge Cynthia Rufe of Philadelphia seemingly drove a stake through the heart of litigation by two employee healthcare funds suing GlaxoSmithKline over its marketing of the diabetes drug Avandia. The plans, which sued back in 2010, alleged that GSK had falsely touted Avandia as a boon to the cardiovascular health of diabetes patients, which is why health plans were willing to cover the drug’s high cost. But in 2007, the Food and Drug Administration required the company to change Avandia’s label to add a black-box warning that the drug may exacerbate heart conditions in some patients and was available only through a restricted distribution program.

Since that first label change – and while the litigation was ongoing – the FDA has come to believe that the entire body of clinical evidence does not indicate that Avandia is associated with increased risk of myocardial ischemia, or blocked blood flow to the heart. In 2014, the FDA directed GSK to remove information about restricted distribution from Avandia’s label. GSK, at the FDA’s direction, also removed language about myocardial ischemia from Avandia’s black box warning, although that warning continued to advise that the drug may cause or exacerbate congestive heart failure.

In her 2017 ruling, Judge Rufe granted summary judgment to GSK on the health plans’ state-law claims. She found that they were preempted under the doctrine of “impossibility preemption”: GSK is bound by state laws, but it is ultimately required to defer to the FDA on drug labeling. Judge Rufe found GSK had proved that in 2006 and 2007, when the company and the FDA were discussing new studies on Avandia’s associated risk of myocardial ischemia, the FDA would not have approved a label change. (The judge also granted GSK summary judgment on the healthcare plans’ claims under the federal racketeering statute, but I’m focusing on the state law preemption issue.)

On Tuesday, two years after Judge Rufe’s summary judgment decision and nine years after the litigation began, the 3rd U.S. Circuit Court of Appeals issued an opinion reviving the healthcare plans’ case. (The court entered the opinion on Dec. 3 but did not publish it until this week.) The 3rd Circuit’s preemption analysis hinged on the U.S. Supreme Court’s ruling last May in Merck v. Albrecht – which means that a seven-month-old decision salvaged a nine-year-old case. Conventional wisdom is that time favors defendants. Not in this case.

In Merck, the Supreme Court built upon the drug labeling preemption base it established in 2009’s Wyeth v. Levine, in which the justices held that FDA authority does not categorically trump state failure-to-warn claims. The Merck decision provided a two-part test for drug company defendants to show that federal law prohibited them from adding a warning that would satisfy state law: They must prove that they kept the FDA fully informed of the justifications for adding a warning required by state law and they must show that the FDA, in turn, barred them from changing the label to include the warning required by state law.

“In other words,” the 3rd Circuit said in its Avandia decision, “the upshot of Merck is that a drug manufacturer must show that the FDA made a fully informed decision to reject a change to a drug’s label.”

The Supreme Court’s Merck decision – as Judge Luis Restrepo pointed out in Tuesday’s opinion for a panel that also included Judges Brooks Smith and Thomas Ambro – was actually issued after oral arguments last March in the 3rd Circuit’s Avandia case. The 3rd Circuit called for both sides to address how Merck affected their arguments.

GSK’s lawyers at Kirkland & Ellis said in their brief that the company met both prongs of the Merck test. GSK said that as soon as meta-analysis of clinical data suggested an elevated risk for cardiac complications, it went to the FDA with a proposal to change Avandia’s label. The FDA, in GSK’s telling, said in a 2007 letter that it wouldn’t change the label without more information – but, according to GSK, such information didn’t exist at the time. GSK also argued that it could not have used an alternative process to add a warning on its own because it was on notice, from that 2007 letter, that the FDA would not approve the change.

The 3rd Circuit said GSK could not use that 2007 FDA call for more information as a shield. Under Merck, the appeals court said, the 2007 letter was proof that the FDA was not fully informed about whether cardiac risk required a change in Avandia’s label. By the very words of the letter, according to the 3rd Circuit, GSK failed the first prong of the Merck test.

GSK had argued that it had supplied the FDA with all of the existing data that was material to the FDA’s inquiry. The 3rd Circuit, citing a 2005 meta-analysis that produced results similar to the 2006 study that prompted GSK to go to the FDA, said the company’s argument “turns the regulatory regime on its head,.” Judge Restrepo wrote. Judge Restrepo wrote “GSK is not the arbiter of which data and information is or is not ‘material’ to the FDA’s decision to approve or reject a change to a drug’s label. The FDA, and only the FDA, can determine what information is ‘material.’”

The company also failed the second prong of the Merck test, the 3rd Circuit said, because the FDA did not say it would not approve a label change. The agency said in that 2007 letter that it needed more information and that GSK needed to address the data and information deficiencies – not, according to the 3rd Circuit, that it would reject a label change when it had the requisite information.

“At most, the letter indicates that it is possible that the FDA could have rejected the label change after receiving the various data and information it requested from GSK, but as the Supreme Court has reiterated, the ‘possibility of impossibility (is) not enough,’” the 3rd Circuit said, quoting Merck.

The appeals court reversed Judge Rufe’s summary judgment grant on the health funds’ state-law claims, as well as on the RICO claims. (The 3rd Circuit held that the trial judge hadn’t given the funds an adequate chance to show GSK was part of a racketeering enterprise.)

GSK counsel Jay Lefkowitz of Kirkland did not respond to an email request for comment. Nor did lead counsel for the funds, Thomas Sobol of Hagens Berman Sobol Shapiro.

Credit: https://www.reuters.com/article/legal-us-otc-gsk/how-a-seven-month-old-supreme-court-ruling-revived-a-nine-year-old-case-against-gsk-idUSKBN1YN2TP

Trump's dark legacy: a US judiciary remade in his own image

No president has secured so many important judgeships so quickly – and progressive say the damage will be lasting

Critics of Donald Trump make much of the fact that his legacy will forever bear the stain of impeachment, whatever the outcome of the prospective Senate trial next month.

But Trump is positioned to bequeath a much more substantial legacy, one that progressive activists and civil rights advocates warn will harm the cause of equality in the United States for decades to come.

That legacy is a judiciary remade deeply conservative in Trump’s own image. In securing the confirmation of his 50th appeals court judge earlier this month, Trump cemented his status as the most accomplished sponsor of federal judges in the modern history of the presidency.

No president has secured so many important judgeships as quickly. Barack Obama managed to confirm only 55 appeals court judges – in eight years. Trump’s presidency is not yet three years old.

“Among conservatives, this is probably one of the biggest bright spots,” said Josh Blackman, a professor at the South Texas College of Law specializing in the supreme court and constitutional law. “Not all conservatives are happy with a lot of things Trump has done, but on judges he’s killing it. It’s an across-the-board success that we’ve seen in this area.”

With the US supreme court ruling in only a small fraction of federal cases each year, appellate and district court judges actually wield immense power over some of the most urgent issues in American life, from reproductive rights to voting rights to anti-discrimination protections and action on the climate crisis.

Carl Tobias, a professor at Richmond School of Law specializing in federal judicial selection, called Trump’s performance on judges – with the notable assistance of the Senate majority leader, Mitch McConnell, and outside groups such as the Federalist Society – “an amazing accomplishment”.

“He has really made an imprint on the federal appeals courts,” said Tobias. “About a quarter of the active judges by now have been appointed by him. And that’s really substantial.”

Trump continued to run up the score on judges until the last minutes of the congressional calendar year. As the House debated impeachment, the Senate went to work on a final 13 Trump nominees to serve on district courts, one level below the appellate courts.

With a dozen confirmations last Thursday alone, Trump hit an end-of-year tally of 133 district court judges out of 677 total, 50 appeals court judges out of 179 total, and two US supreme court justices out of nine total.

“While Democrats in the House wasted all their time this week on a partisan impeachment,” Vice-President Mike Pence tweeted jubilantly on Friday morning, “the Senate confirmed 13 new judges making that a total of 185 amazing judges picked by President @realDonaldTrump!”

Legal analysts have blasted Trump and McConnell for allowing an unprecedented number of nominees to advance who have staked out extreme philosophies or been flagged as unqualified by the American Bar Association (ABA), the country’s largest non-partisan coalition of lawyers.

Progressive activists additionally express alarm at the relative youth of many Trump nominees, who assume lifelong appointments upon confirmation.

“The American people should be deeply troubled and scared as to the status of their rights and liberties over the next three to four decades,” said Daniel Goldberg, legal director at the progressive Alliance For Justice.

“It’s critical that the next Democratic president prioritize the courts like never before. While Donald Trump has been able to get his judges confirmed, we have never seen progressives as galvanized on the court issue as they are now.”

The confirmation this month of Sarah Pitlyk to the district court in St Louis and Lawrence VanDyke to the 9th circuit court of appeals, both of whom were rated unqualified by the ABA, should give Americans cause for alarm, said Goldberg, whose group has produced the report Trump’s Attacks on Our Justice System.

Pitlyk “spent her career fighting IVF and surrogacy” and VanDyke “has spent his career fighting environmental protections, women’s rights and LGBTQ rights”, Goldberg said.

Trump’s work on the courts would not have been possible without the assistance of McConnell, who blocked Obama judicial nominees and then relaxed Senate rules to accelerate the installation of Trump nominees. Another key Trump partner in the effort is the Federalist Society, the conservative legal group that has vetted judicial candidates and spoon-fed them to the White House.

Blackman said that former Senate majority leader Harry Reid’s 2013 decision to take the so-called “nuclear option” and abolish a rule requiring 60 votes to approve federal judicial appointments – a decision that followed unprecedented stalling on judicial appointments by then minority leader McConnell – had made it easier to confirm judges with ideologies outside the mainstream.

“I think because the nuclear option is gone, you no longer have to appeal to 60, you can appeal to 50,” said Blackman. “And I think with that, you have less of a need to appeal to the moderates, so I definitely think the tilt of the nominees is definitely away from the center.”

Tobias said that Trump’s judicial record could help pave the way to his re-election.

“I think for many Republicans, who don’t agree with a number of the Trump policies, they are willing to tolerate that in order to influence the judiciary,” he said. “Especially Evangelical Christians, who are substantially responsible for his election.

“Issues like abortion, LGBTQ rights, religious freedom – the judges are being chosen to take a particular view on those issues.”

Culled from: https://www.theguardian.com/us-news/2019/dec/25/trump-judiciary-judges-legal-america