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How To Prove Payment of Rent and Who Must Prove It.

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Daily Law Tips (Tip 666) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction: 

It is common to find landlords, tenants and their tenancy matters/cases in courts, over non-payment of rent. Most tenancies and landlords survive on rent, so failure to pay or delay in payment of rent has huge consequences. In courts, the eyes of law, is not often the eyes of man. Courts have fixed procedures that must be followed in quest for justice unless where such procedures will cause injustice. Having in mind court procedures, this work examines the burden of proof on landlords and tenants to prove payment of rent.

Courts, Facts and Proof of Evidence: 

Courts in Nigeria expect parties to a case to prove every fact placed before the court, except for facts that are generally known and which the courts have taken notice of (judicial notice). For example, a party in a litigation (land dispute case) must prove his ownership, may be by showing to court his land documents. However, the party does not need to prove that he is a Nigerian, since a property owner must not be a Nigerian and courts know this fact, also he does not need to prove that by the custom/native law of Mgbowo People in Enugu State, that a son can inherit from his father. Generally, courts want proof and will base their judgments on proof. So, no matter how accurate a fact may sound or seem, unless he/she has sufficient evidence to proof such fact, no court will believe him/her. Generally, he who claims anything must prove the existence of what he claims. 

Courts and Proof of Payment of Rent:

Rent is simply an agreed value given to a property owner by a tenant for the period of time the tenants uses the property. It is the fee paid to a property owner by a tenant for the time the tenant uses the property of the property owner. Where there is a case in court and there is need to prove payment or non-payment of rent, the court expects proof of evidence of payment from the part that claims that rent was paid. This will be further examined using the judgment of the appellate courts in Nigeria.  

  1. “…In civil cases the initial burden of proof is on the party who desires that Judgment be entered in his favour based on facts which he assert to prove those facts as required by law. See the following cases:- OKOBULE VS. OYAGBOLA (1990) 21 N.S.C.C. PART 3 PAGE 193. NEPA VS. AKPATA (1991) 2 NWLR PART 175 PAGE 536. SECTIONS 131,132 AND 133 OF THE EVIDENCE ACT 2011. But the burden of proof in civil cases is not static, it shifts depending on the state of the pleading of the parties. See the case of -BUHARI VS OBASANJO (2005) 7.S.C. PART II PAGE 123. The standard of proof in civil cases is on the balance of probabilities or preponderance of evidence. See SECTION 134 OF THE EVIDENCE ACT 2011, and the following cases:- ITAUMA VS AKPE- IME (2000) 7 S.C. PART II, PAGE 24 ENO VS ANI (2004) 1 S.C PART II PAGE 115.  … (tenant) Respondent (has) to prove that he paid his rent as and when due. He could do this by production of the receipt of payment he made as pleaded and testified to at the lower Court. The failure of the (tenant) Respondent to tender in evidence the receipts referred to earlier in his pleadings and evidence is fatal to his case and the only inference that could be drawn from the scenario is that he never paid any rent apart …. Section 167 (d) of the Evidence Act 2011 is therefore applicable in this case because the evidence like receipts which ought to be tendered/produced and is not produced would if produced, be unfavourable to the (tenant) Respondent who withholds it. Per JIMI OLUKAYODE BADA ,J.C.A ( Pp. 11-15, paras. F-B ) ARIGBABU v. OYENUGA (2019) LPELR-47381(CA) 
  2. The evidential burden of proof has thus shifted to the Respondent. He had the legal burden to prove that he paid the rents. He had a duty to tender the receipts of payment which he pleaded. It is only when he has done that he would be held to have discharged the evidential burden of proof on him. To prove he paid rents after the expiration of the initial rent paid, the Respondent adopted his statement on oath as his oral evidence. The deposition in his statement on oath on this point is a repetition of the averment in his pleadings. He did not tender the receipts evidencing the payment of the rent as he pleaded. He thus failed to discharge the burden of proof on him.” Per FOLASADE AYODEJI OJO ,J.C.A ( Pp. 19-21, paras. B-C ) ARIGBABU v. OYENUGA (2019) LPELR-47381(CA) 
  3. In the case of African Petroleum PLC v Soyemi (2008) All FWLR Part 397 Page 117, the Court of Appeal, Lagos per Galinje J.C.A. Para B-D held as follows: In civil cases, the burden of proving a particular fact is upon the party who asserts it and who will fail if no evidence is called upon the issue, regard being had to any presumption which may arise from the pleadings of the parties. This onus is not static. It continually shifts from side to side in respect of a fact in issue until it finally rests on the party against whom judgment will be given if no further evidence is proffered.” Per OLUDOTUN ADEBOLA ADEFOPE-OKOJIE ,J.C.A ( Pp. 16-22, paras. C-B ) in the case of MATOH v. ADMIRAL ENVIRONMENTAL CARE LTD (2015) LPELR-25905(CA)
  4. “As in civil proceedings it is trite law that he who asserts proves and the onus of proof is on him who will fail if no evidence is given on an issue vide Section 135, Evidence Act (ibid) – See also Are v. Adisa (1967) NMLR 304.” Per SYLVESTER UMARU ONU, J.S.C ( Pp. 31-32, paras. G-A) in the case of EZEMBA V. IBENEME & ANOR (2004) LPELR-1205(SC)

Conclusion: 

When a case is filled in court, the plaintiff (the person suing another) must have proof/evidence of the facts he claims. When the plaintiff proves the facts, the duty to disprove them goes to the defendant (the person being sued by another person). Generally, any person that makes any claim must have evidence to back it up. In a case for rent, the person that claims that rent has not been paid, which will be the landlord must prove that he/she has not received any rent. Then, the party that claims that rent has been paid, which will be the tenant, must prove that rent was paid and show evidence of payment/receipts of rent. 

It is never enough to shout and write that payment has been made, there must be proof. Tenants must insist that their landlords issue receipts to them. Where they are no receipts, tenants should keep proof of bank deposits, transfers, cheques for payment of rent, preferably with good descriptions of the purpose of their payments. Click to read my other works on Landlords and Tenants in Nigeria.

My authorities are:

  1. Sections 131, 132, 133, 134, 136, 140 of the Evidence Act, 2011. 
  2. Judgment of the Supreme Court of Nigeria (on the burden of proof) of EZEMBA V. IBENEME & ANOR (2004) LPELR-1205(SC)
  3. Judgement of the Court of Appeal (on the burden of proof and proof of rent) in the case of ARIGBABU v. OYENUGA (2019) LPELR-47381(CA) 
  4. Judgement of the Court of Appeal (on the burden of proof) in the case of  MATOH v. ADMIRAL ENVIRONMENTAL CARE LTD (2015) LPELR-25905(CA)

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I can go 20 years more till I get justice — Adebo, man who sued Fanta, Sprite

The Chairman/Chief Executive, Fijabi-Adebo Holdings Ltd. and EFAD Ltd (UK).Dr. Emmanuel Ayodele-Fijabi Adebo, shares the travails of his company in exporting Fanta and Sprite drinks manufactured by the Nigerian Bottling Company to the UK in 2007 with GBENGA ADENIJI

What led to the destruction of two containers of Nigerian-made Fanta and Sprite drinks by the UK Customs which you exported to that country in 2007 to sell in your chains of shops in Manchester?

It was the London office of the Coca Cola European Union Group that raised the alarm that some fake Coca Cola products were brought into the UK from Nigeria. It was based on that report that the UK Customs and Excise with the cooperation of the Manchester Trading Standards impounded and destroyed my 2 x 40 feet containers loads of soft drinks. The Fanta and Sprite drinks were destroyed acting on what they called their rights as customs that the products were injurious and unsafe for consumption. Of course, we have a licence to export being registered with the Export Promotion Council. The products that were exported were specified. The Nigeria Customs Service and others were at the yard of Nigerian Bottling Company while the products were being loaded.  I do not know what the NBC was talking about that we did not inform them that we were exporting the products. If we were not exporting the products, we would not have loaded them in containers in the presence of the customs on their premises. Were we taking the containers to Kano or Abeokuta?

The soft drinks were destroyed on the basis that they contained excess sunset yellow and benzoic acid classified as carcinogenic and unfit to be taken with vitamin C (ascorbic acid). How much loss did you incur at the time?

I did not know all that at the time. I had assumed that the products made in Nigeria should be of global standard. I had assumed that there was nothing wrong with any products produced in Nigeria. Even while I was a student in Europe, I had at various times bought Coca Cola products on Liverpool Street. It was not something strange. Of course, the products we took to the UK were not fake. They were produced by the NBC, under franchise from Coca Cola USA. The accusation of the Fanta and Sprite being substandard, due to excess benzoic acid and sunset yellow was new to us then.

The direct cost of the products for the two containers was about N14m. We still had a balance because we deposited about N16m on January 2007. The product was over N12m but we were charged N900, 000 for loading which was signed by the company’s general manager (operations). The shipment was about 4,000 pounds and we also paid the duty in UK. The total amount lost was over N22m. We had some Coca Cola tins earlier but these particular containers contained Fanta and Sprite.  These drinks were in specific demand by our customers in London. My wife was there in England and I came to Nigeria to buy them.

Was the NBC aware that you were taking the drinks to the UK considering its claims that it was unaware and you were not supposed to have done so for they were produced to be consumed locally and not for export?

We did not load the products in trucks, trailers or bags. We loaded them in containers, ready for shipment. It was loaded by them and sealed by customs. If customs seal a container on their premises, was it going to Kano or Abeokuta?

Now to answer your question specifically, did they have to know where I was taking the products to? If I buy garri in Oyingbo, do I have to tell the seller where I am taking it to? Do I have to tell if I am taking it to Kano? They were supposed to produce what could be taken to and consumed in any part of the world.  Were the products labeled ‘not for export?’ There was nothing like that and I assumed that I could export the drinks since my company has an approval and licence to do so from the Nigerian Export Promotion Council.

Your company, Fijabi Adebo Holdings, sued the NBC after the incident and later joined the National Agency for Food and Drugs Administration and Control as a nominal party.  Why did you do that?

When the Coca Cola European Union alleged that the products our trading company, EFAD Limited brought into the UK were fake and unsafe for human consumption which made the UK Customs and Excise to act by destroying the products, we had to query the NAFDAC which plays supervisory roles in safeguarding public health as an agency of the Federal Government. We had to ask what it was doing when products unfit for human consumption were being manufactured in the country. That was why we joined them in the suit. In fact, our initial prayer was to stop the production of Fanta with sunset yellow because it really alarmed us and according to the UK findings, it could cause injury to children and others. Justice Taiwo in 2009 ruled that NAFDAC should go to the premises of NBC and make it reduce the content of sunset yellow in Fanta. They obeyed the order and reduced the content considerably. Before then, you would notice that whenever children drank Fanta, their tongue would be yellowish. If they knew that it was not injurious to consumers’ health, why did they reduce the sunset yellow? After that, we got another ruling against NAFDAC compelling it to henceforth do things right after being negligent by allowing manufacturers do things their way. It was after we concluded those ones that we faced Coca Cola. Our lawyers wrote them and they were so arrogant. They were not interested in our loss as a customer who bought products from them. Their response to our lawyers was a little less insulting. We then thought that if we had been so badly treated in England on issue that was a fault of a manufacturer in Nigeria, I would not come to my country and be so treated. I therefore swore to pursue the case until justice was served.

Would you say what you described as the company’s arrogant response to your plight made you sustain the legal battle for a decade?

My main aim was to save Nigerians. I later got rulings compelling the NBC to reduce the sunset yellow in Fanta and make NAFDAC responsible in discharging its responsibilities. I also got an order for the continuous monitoring of the content of Coca Cola products. The rulings were satisfying to me.  At the time we got the rulings, one would have expected them to act in a normal, serious and corporate manner. But all we got was that we did not tell them we were taking the products to the UK. What law says I should tell them where I was taking the products to? By law, I have a right to export to anywhere in the world? Through the Nigerian company law, I have a limited liability company and also a licensed company in the UK. I brought a shipping company to their premises to load the drinks including customs to check the products. What else do they want me to do?

How financially challenging has it been for you to pursue the legal battle for 10 years?

It is quite substantial but I sued them based on principles. They are rich; they are multinational and oppressors and think that they can write me off. But I know that my God will be with me. I can go 20 years more until I get justice.

What is your next step now that the NBC is challenging the ruling that it should place warning signs on Fanta and Sprite containers, claiming that the level of benzoic acid in the drinks are within the level approved by local regulators?

The same judgment of Justice Adedayo Oyebanji was the order that I was compelled to adhere to in England. I was compelled to fix labels on the Coca Cola of about 3,000 crates that were spared stating they were this and that. I labeled all of them as ordered but the Fanta and Sprite were confiscated. If you look at the order carefully, it is only meant to alert the public on their choice. To state that if you like you can buy it, but this is what is in it. I brought one of the Coca Cola to court. The court did not even address my loss because it observed that I placed emphasis on moral interest than on financial interest. Like I said earlier, I wanted to alert the public. But now, we are also praying the court that based on what it found out, we are entitled to compensation on what we lost as damages. The judgment favoured Nigerians as we had uncovered what the company was hiding from us and exposed the inadequacies of NBC. We brought in specialists from England to buttress our claims in court. After settling that, the second issue is about what we went through. The money we spent to buy the products was not useful to us. We need to get it back. We also faced a lot with the UK Customs and Excise and the Coca Cola European Union. In England, we were portrayed as criminals. It took me almost a year to convince people there that I did not manufacture the products and to explain what happened in order to clear my name and my company’s name.

We are entitled to a refund. If one buys something that is not good, one should be able to return it and get a refund.

Do you agree with the Minister of Health, Prof. Isaac Adewole, that the level of benzoic acid in Fanta and Sprite are in compliance with both the Codex and Nigerian Industrial Standards and thus safe for consumption?

No, absolutely not. I do not agree with him. Let me tell you this. I feel ashamed that a professor of medicine is dabbling into what he does not know. It is not his field. I earned a PhD in political economy. I would not dabble into what I do not know. We have Nigerians who are scientists in the UK. I had interacted with people who know the dangers of the content of the drink. Codex Alimentarius (Latin word for food code) is a food trade-standards organisation formed in 1945. A former Nazi is the father of contemporary codex. Codex was created by World Health organisation and Food and Agriculture Organisation of the United Nations. All members of FAO and WHO who joined the orgnisation are there strictly to attend annual conferences and adopt a convention on food codes. It is not a mandatory United Nations convention. It is a voluntary attendance. They are just to direct or advise. I want the minister to tell Nigerians the country’s representatives at codex? The UK, European Union and the US, from whom NAFDAC took its ideals from, are members of the organisation. Since 1958, the UK, European Union and the US have changed their food codes more than 20 times. Today, sunset yellow is banned in Europe and the UK. It is a dye which if put in a drink and one takes Vitamin C ignorantly with it, can cause a chemical explosion in one’s body. A research was done to discover that. We read in some national dailies that the health minister exonerated the NBC and called for a probe whereas I, the complainant, was not given a chance to see our wise, all-knowing minister. You cannot cut my head in my absence.

What lessons have you learnt from the development regarding the products manufactured in Nigeria for Nigerians?

I have faith in this country. I am from a family that believes in Nigeria. We, however, need to pray that in a country where monkeys are ruling human beings, there must be a change. (PUNCH)

SEE Kenyan Man Who Offered 50 Cows, 70 Sheep & 30 Goats To Marry Obama’s Daughter

When Barack Obama was elected President of the United States, history was made as he was the first African-American president of the country.

Obama who is a member of the Democratic Party is married to Michelle and they both have two daughters, Malia and Ann.

In 2015, a few years after Obama was elected president, his first daughter who was only 16 at the time got an interesting marriage proposal from a Kenyan lawyer, Felix Kiprono.

When Felix Kiprono expressed “interest” in Barack Obama’s daughter Malia, many argued he was either not serious or he was simply a gold-digger, but the Kenyan lawyer quickly dismissed those claims.

“People might say I am after the family’s money, which is not the case. My love is real,” he said in 2015 while hoping to fulfil his ‘dream’ of marrying Malia who was only 16.

To show how serious he was with his proposal, the young lawyer went ahead to offer his intended father-in-law 50 cows, 70 sheep and 30 goats to win his daughter’s hand.

The young man, who is also a student at Oxford University according to his Facebook profile, offered the livestock in order to fulfil his ‘dream’ of marrying Malia.

According to him, he had been ‘interested’ in Obama’s daughter since his first presidential campaign in 2008, when she was just 10 years old.

“I got interested in her in 2008,” he told The Nairobian in 2015. “As a matter of fact, I haven’t dated anyone since and promise to be faithful to her. I have shared this with my family and they are willing to help me raise the bride price.”

The lawyer who was not joking with his intentions soon started working on a letter to officially make his intentions known.

His plan was to give the letter to the local US embassy.

He later heard that Obama would be visiting Kenya soon and decided to tell him about his intentions for Malia in person.

Kiprono even went ahead to write a letter asking the president to bring Malia with him.

He had everything planned out – from how he would propose to how their marriage life would be like.

According to him, there will be no need for fancy hotels as he will propose on a popular hill in Bureti, Kenya, where leaders and warriors are usually crowned.

Then for the wedding, he would “surprise” his new bride with mursik, the traditional sour milk of the Kalenjin people of Kenya.

“As an indication that she is my queen, I will tie sinendet, which is a sacred plant, around her head,” he said.

But the Kenyan lawyer had many hurdles to cross, including the fact that Malia was only 16, and was not accustomed to the kind of life he was offering.

Even so, Kiprono maintained that “Ours will be a simple life. I will teach Malia how to milk a cow, cook ugali (a starchy dish) and prepare mursik (a sour milk) like any other Kalenjin woman.”

Watch: Malia Obama’s Boyfriendhttps://www.youtube.com/embed/VQa3LRuHYQk?autoplay=1&controls=1Related News

Ooni Of Ife Exercised His Power To Remove Chief S L Akintola Constitutionally-Court

TRUE LIFE STORY

It was three o’clock in the morning.
The telephone rang in the Governor’s official residence in Ibadan. Who could be calling the Governor at this time of the day?

The Governor was told it was someone from Lagos and the caller insisted that he must speak with the Governor personally. The caller said it was urgent and important.

The Governor of Western Region, Oba Tadenikawo Adesoji Aderemi, the Ooni of Ile-Ife, answered the phone. His Royal Highness recognized the voice on the other end. It was the voice of a royalty, a prince, a jurist and a Knight of the British Empire.

The caller was His Lordship Sir Adetokunbo Ademola, the Chief Justice of the Federation.

“Kabiyesi, may I respectfully advise Your Majesty to vacate the Government House immediately.”

Oba Aderemi thought it must be a joke, and an expensive one at that. Vacate the Government House? And immediately too?

As if reading His Majesty’s mind, Justice Ademola assured Kabiyesi that it was not a false alarm and that the Arole Oodua might be forcibly ejected from the Government House before the end of the day if he failed to leave.

His Lordship was calling because as a prince himself he didn’t want Kabiyesi, and by extension, the throne of Oodua, to be disrespected.

Kabiyesi did not bother to sleep again. Ilo ya, Onibode Apomu! He summoned his staff and with dignified calm and regal fortitude as befits the Oonirisa, the Arole Oodua directed them to pack his personal belongings.

By 10 am, Baba Tejumade was on his way to his Royal Throne in the ancient city of Ile-Ife.

What could have caused the Ooni, the Supreme Representative of Oduduwa, the founder of Yoruba race to be asked to leave the Government House in the middle of the night.

It was barely two years ago that history was made when he was appointed the Governor of Western Region, the first indigenous governor in black Africa and the Commonwealth.

It was indeed a joyous occasion for the whole of Yoruba race.

Iya Agba told me that they were on the farm in Aba Alaro when Baba Dauda brought the news from Ife. They all abandoned the village and trooped to the Palace.

Iya Agba said Kabiyesi personally waved his irukere at her, but Onigegewura won’t swear to this fact in the witness box.

What Onigegewura is however sure of was that Haruna Ishola, the father of Apala music, released an album to mark the momentous occasion in which he sang:

“Ìjoba Westan Naijiriya won n pon oba le, Ooni je gomina, Dudupariola Baba Tejumade, Kofoworola Omo Adekunbi…”

[Western Region Government of Nigeria dignifies Royalty, the Ooni is appointed the Governor, the handsome Ebony who begets Tejumade; Ooni who did’t buy his honour, the son of Adekunbi]

Now, Kabiyesi was being ‘advised’ to vacate the Governor’s Lodge!
What could have gone wrong? That midnight or early morning call was like no other call.

It was the call that would alter both the political and legal landscapes of Nigeria forever.

The call was the climax of events which had begun as drizzle in 1960.

By the time the call came in 1962, the drizzle had become torrential rainfall. Let’s go back to 1960.

Cracks began to appear on the walls of the Action Group immediately after Chief Ladoke Akintola became the premier.

He was sworn in by the Governor, Oba Tadenikawo Adesoji Aderemi.

In deference to the exalted throne and position of Oba Adesoji, the newly installed Premier took off his cap to shake hands with the Governor-King. It was a vintage expression of Yoruba tradition! Oba lo ba lori ohun gbogbo!

Following series of political actions and decisions taken by the new Premier who was also the Deputy Leader of the Party, it dawned on Chief Obafemi Awolowo, the Leader of the Party that Chief Akintola was “determined to run the show alone regardless of accepted Party conventions and procedure”.

These actions, according to Chief Awolowo, include the unilateral appointment of Ministers into the Cabinet of Western Region, reduction in the price of cocoa, reducing flat-rate tax from an average of #4.17.6d, exemption of women from taxation, and increases in Assumed Local Contributions in Western Nigeria’s secondary grammar schools, amongst others.

More importantly, Chief Akintola was of the view that the experiment of separating the leadership of the Party from the leadership of the Government in the Western Region had failed.

What was left unsaid was that the Premier ought to be the Leader of the Party.

Chief Obafemi Awolowo
By the time the Party came back from its Jos Convention, it was clear to all and sundry that the festering wound of the Action Group had become an open sore.

Agba kii wa loja ki ori omo tuntun wo. Elders won’t allow the neck of a newborn to go askew.

On February 9, 1962, the Ooni of Ife, Oba Adesoji Aderemi called a peace meeting of the party leaders in order to resolve the differences between the two great men.

The Ooni was supported in this regard by some leading Obas and Chiefs in the region. The meeting however failed to conclusively effect a settlement.

It was becoming apparent that something must give.

Àgbò meji ko le mu omi ninu koto kan naa. It is impossible for two rams to peacefully drink from the same saucer at the same time.

On May 19, 1962, at a meeting of the Executive Committee of the Action Group, Chief Obafemi Awolowo levelled three charges against Chief Ladoke Akintola.

The Leader accused the Deputy Leader of maladministration, anti-party activities, and indiscipline.

In support of the charges, Awolowo spoke for four hours. In his defence, Akintola denied the charges and spoke for three hours.

The jury of party executives listened to both the plaintiff and the defendant. A motion calling on Akintola to resign as the Premier was moved.
The defendant’s group moved a counter-motion for the Premier to only be reprimanded and not removed. The counter-motion was defeated.

The motion for the premier to resign was carried by 81 to 29! The meeting had lasted for 11 straight hours!

The party leadership waited patiently for Akintola’s letter of resignation. No letter was forthcoming.

A ti ki òjé bo oloosa lowo, o ku baba eni ti o bo. Who is going to remove the charmed bracelet from the wrist of a chief priest?
Akintola called a Press Conference and announced that he was not going to resign his post as the Premier.

Instead of a letter of resignation, the embattled premier wrote two letters.
The first letter was to the Ooni, asking the Governor to dissolve the House of Assembly.

The second letter was to the Speaker of the House calling for an emergency meeting of the House for a vote of confidence or otherwise.

The Ooni and the Speaker were perplexed.
How could the House be dissolved and a meeting of the House still be called at the same time?

O pe laye, oju re ko ni ri ibi, ikan ni eniyan yoo fi owo mu. It is either you live long and witness unsavoury things or die young
and experience nothing. It was either for the House to be dissolved or for a meeting of the House to be called.

Awolowo was a legal practitioner. Akintola was a legal practitioner.
They were both brilliant men trained in the finest tradition of the British Bar.
They were both familiar with the Constitution of the Federation of Nigeria and the Constitution of Western Region
(Yes, the Regions had their own constitutions then).

They were also familiar with the common law of England as well as parliamentary practices in the Commonwealth.
The question before Awolowo and the Party was how could a premier be removed from office?

The issue before Akintola and his group was whether a premier could be removed from office.

Awolowo knew that a barber needed another barber to barb his hair. He did the most natural thing.

He requested two of the most brilliant legal minds in the Region to prepare a legal advisory for the Party. Chief Rotimi Williams,
the Legal Adviser of Action Group and Mr. S. O. Ighodaro, the Attorney General of the Western Region accepted the assignment.

The two legal giants spent sleepless nights consulting books of laws from various jurisdictions.
The contentious provision itself was simply worded. It was the proviso to section 33(10) of the Constitution of Western Nigeria which provides that:

“The Governor shall not remove the Premier from office unless it appears to him that the Premier no longer commands the support of a majority
of the members of the House of Assembly.”

Simple? Not quite!

The duo of Williams and Ighodaro were of the firm opinion (your lawyer will tell you that there is a difference between an opinion and a firm opinion) that the operative words in the provision were ‘unless it appears to him’.

The legal experts concluded that as long as it appeared to the Governor in any form or format, the premier could be removed.
It did not even have to be on the floor of the House.

Armed with this legal advice, a form was prepared and members of the House who wanted Akintola to be removed as the Premier
appended their signature. They were 66 in number.

The form was sent to the Governor, His Royal Majesty, the Ooni of Ife.

Based on the signatures of 66 members out of 112 as contained in the form forwarded to the King, it then appeared to the Governor
that the Premier no longer commanded the support of a majority of the members of the House of Assembly.

The Governor exercised his constitutional power!

Sir Adesoji Aderemi removed Chief Ladoke Akintola as the Premier!

Akintola was in the Premier’s Office when he was served with a letter from the Governor removing him from office.
The premier who had just been removed as the premier did three things immediately he finished reading the letter.

He called a Press Conference to inform the world that he was still the premier.

He then called on the Prime Minister, Sir Abubakar Tafawa Balewa, to remove Sir Adesoji Aderemi as the Governor.

Finally he filed an action in court to restrain the Governor from removing him from office.

The Awolowo group was also not idle.
Immediately they were informed that the Governor’s letter had been delivered to the ‘ex-premier’, the party’s Parliamentary Group
elected Akintola’s Minister of Local Government, Alhaji Dauda Soroye Ishola Adegbenro, as the new premier of Western Region.

The Governor was informed of the new appointment.
Oba Adesoji Aderemi accepted the recommendation and His Royal Majesty promptly administered the oath of office to the new Premier.

Alhaji Dauda Adegbenro, the Ekerin of Egbaland and the Balogun of Owu, had become the Premier!
The Commissioner of Police soon arrived. He pledged his services to the new Premier.

The Commissioner of Police was just leaving the newly installed premier when a signal came from Lagos.
He was directed to ‘forthwith withdraw his services, and should take no instructions whatsoever from Adegbenro’.

The people of Western Region woke up on that fateful day in May to find out that they had two Premiers.
On one hand was Chief Akintola who was claiming that his removal as the Premier was ineffectual.

On the other hand was Alhaji Adegbenro who had just been sworn in as the Premier and who had appointed his cabinet members.

Akintola Ta ku [Akintola Remains Adamant] was the headline of The Daily Times.

Across the Atlantic, the New York Times came out with a banner headline: Nigerian Leader Resists Ouster: Fights Removal
As Premier of Western Region. According to the paper: “Samuel L. Akintola has stubbornly refused to accept his dismissal as
Premier of Nigeria’s Western Region.”

On May 23, 1962, the Western Region High Court in Ibadan was filled to capacity. It was the case of the century.
The Governor had removed the Premier.

In turn, the Premier had asked the Prime Minister to sack the Governor.
The new Premier, Alhaji Adegbenro, was however not a party to the case at this stage.

The Chief Justice of the Western Region then was My Lord Justice Samuel Quarshie-Idun.
(At the time, head judges of the regions were also called Chief Justices. They are now addressed as Chief Judges).

Of course you know Mr. Justice Quarshie-Idun now. That was the trial judge in the case of Adegoke Adelabu! Ha! You remember him now!

His Lordship was however not in Ibadan at the time the suit was filed.
The CJ was on tour of the Midwest area of Western Region. Justice Olujide Somolu quickly sent message to His Lordship to come back to
Ibadan for the very important case.

Chief Akintola’s legal team was led by a Queen’s Counsel, Chief Ladipo Moore, the brilliant son of the legendary lawyer, Eric Olawolu Moore.
(You know Eric Moore Road in Surulere, Lagos? The street is named after the formidable advocate).

Eric Moore’s daughter, Miss Kofoworola Moore (later Lady Ademola), was married to Sir Adetokunbo Ademola, the Chief Justice of the Federation. Lady Ademola was reputed to be the first black African woman to earn a degree from Oxford University.

The Ooni was also represented by a Queen’s Counsel, the indomitable Rotimi Williams whose brilliance was unparalleled.
Of him, Chief Awolowo said: “Timi’s output, in any assignment, was always as big as his physical stature.”

The proceedings had hardly begun when Chief Akintola’s counsel fired the first salvo.

Chief Moore objected to the competence of Chief Williams to appear for Sir Adesoji Aderemi. The Court agreed with his submission.
Chief Williams was refused permission to continue to act as counsel for the Ooni.

The Governor promptly instructed another brilliant counsel, Barrister Akinyele to lead his defence.

It was at this stage that Chief Ladipo Moore advised his client on the need for them to join Alhaji Adegbenro as a Defendant.
Immediately he was joined, Alhaji Adegbenro filed a counter-claim against Chief Akintola.

It was now a case of Two Premiers and a Governor! Where would the pendulum swing?

Whilst the case was going on, Alhaji Adegbenro had moved into the Premier’s Office.
He had started functioning as the Premier and he was also using the Premier’s official car.

In fact, when he was later restricted under the Emergency Regulations, it was the official car of the premier that took him to Osogbo,
his place of restriction.

On the adjourned day, Chief Moore argued his application for injunction to restrain Sir Adesoji Aderemi from purporting to relieve
Chief Ladoke Akintola of his office as premier in the absence of a resolution of the House of Assembly.

The motion was opposed by Mr. Akinyele who argued that to the extent that Chief Akintola was no longer the premier, there was nothing
for the court to restrain. It was classical advocacy at its best.

His Lordship listened to the arguments from the two brilliant advocates. It was indeed a very difficult case.
The Court then made two rulings.

In respect of Chief Akintola’s motion, His Lordship granted the injunction prayed for by the man who would later become the Aare Ona Kakanfo of Yorubaland. Justice Quarshie-Idun ordered Alhaji Adegbenro not to assume the office of Premier.

In other words, Chief Akntola was to continue in office. At least, pending the determination of the suit itself.

With regard to the substantive suit, the Chief Justice referred the case to the Supreme Court because of its grave constitutional importance.

At the Supreme Court, it became a battle Royale!
The apex Court itself admitted that it was being “called to perform a difficult duty.” Something like that had never happened before.
There was no precedent to be followed.

The Supreme Court then did something. It invited all the Attorneys General in the country to appear as amici curiae.
Onigegewura had already explained the meaning of this expression in Sunny Ade’s story.

It was however only the Eastern Nigeria Attorney General that sent his Solicitor General to assist the court.

Four Lord Justices sat to hear the case.
Sir Adetokunbo Ademola, a Prince of Abeokuta and a Knight of the British Empire, presided as the Chief Justice of the Federation.

Also on the panel was Honourable Mr. Justice Lionel Brett, a World War II veteran, who was the last expatriate to serve as Nigeria’s Solicitor General. Mr. Justice Idowu Taylor was also on the panel.

The Magistrate Court Complex at Igbosere, Lagos is named after him. Another Knight, Sir Vahe Bairamian, was the fourth Justice.

The question before the Court was whether the Governor could remove the Premier based on a letter signed by a body of members
of the House and not as a result of a vote of no confidence on the floor of the House.

In other words, how would it appear to the Governor that the premier no longer enjoyed the support of the majority of parliamentarians?

After exhaustive deliberations, My Lord Justice Adeokunbo Ademola held that the Governor exceeded his constitutional powers.
According to His Lordship: “The Governor cannot validly exercise power to remove the Premier from office except in consequence
of proceedings on the floor of the House.”

Justices Taylor and Bairamian agreed with His Lordship.

My Lord Justice Brett, the World War II veteran, was however unable to agree with the reasoning of the majority.

In his dissenting judgment, the former Solicitor General of Nigeria held that: “the Constitution does not preclude the Governor
from acting on any information which he considers reliable.”

Chief Akintola’s group erupted with happiness. Official’s Removal Reversed in Nigeria screamed the New York Times’ headline of July 8, 1962.

Chief Akintola, the master linguist, didn’t allow the moment to go without poking fun at his opponent.
The middle name of Alhaji Adegbenro is Soroye which could be literally interpreted to mean ‘do you see honourary title?’.

According to various accounts, Chief Akintola quipped: Sóoróyè kii je oye. Yio ma roye ni, ko ni je oye. (‘Do you see honourary title can only see title but he cannot become a titleholder!).

Onigegewura had earlier told you in Adelabu’s story that the Federal Supreme Court was not the final court of appeal at the time.
Alhaji Adegbenro appealed to the Privy Council in London.

On May 27, 1963, the Judicial Committee of the Privy Council delivered its judgment.
Five Lord Justices heard the appeal which had come all the way from the Federal Supreme Court of Nigeria.

I hope you recall that Chief Rotimi Williams and Mr. Ighodaro had opined that the Governor could exercise his power to remove the
Premier as long he was convinced that the premier no longer commanded majority support.

I hope you also remember that the dissenting judgment of Brett FJ agreed with this reasoning. That’s good. It shows that you are following me.

The Privy Council held that the Federal Supreme Court misapplied the law.
The PC agreed with the legal opinion of Chief Williams and Mr. Ighodaro.

The Council therefore allowed the appeal and reversed the majority decision of Ademola, Bairamian and Taylor.
The council upheld the minority decision of Brett FJ.

In effect, the Council held that Oba Adesoji Aderemi exercised his power to remove Akintola constitutionally!

Adegbenro has won!

The Privy Council did not stop there.
It also directed Chief Akintola to pay Alhaji Adegbenro the sum of #1,140:8s: 5d as the costs incurred in prosecuting his case
from Nigeria to the United Kingdom.

This time around, it was the turn of Alhaji Adegbenro’s group to erupt with joy!

But it was a short-lived joy.
As the Privy Council Lord Justices were signing off on their judgment in London, something was happening back home in Nigeria. On the same day, the Western House of Assembly amended its constitution.

I hope you have not forgotten that the decision of both the Supreme Court and the Privy Council was based on the proviso to section 33 (10) which Onigegewura had quoted above.

Minutes after the Privy Council had announced its decision, the provision was amended by adding the following phrase: “…in consequence of the passing of a resolution in the House of Assembly by a majority of the members of that House”.

That’s not all. The amendment was also backdated by three years. It was deemed to have taken effect from October 1960!
I hope you are not becoming confused with the legal theatrics.

In other words, the decision of the Governor taken in 1962 was now null and void because it was not in consequence of the passing of a resolution in the House of Assembly by a majority of the members of that House!

The decision of the Privy Council delivered in 1963 was also of no legal effect.

The long and short of it is that Chief Akintola had never been removed as the Premier! Legally speaking!

Adegbenro had scored his goal in London.
Unfortunately, the goal post had been moved in Ibadan. Ibadan lo mo, o mo láyípo!

That however was not the end of the story.

Alhaji Adegbenro, the Ekerin Egba, had lost the premiership but he was not about to lose the costs awarded in his favour
by the Privy Council.

He filed an application at the Supreme Court of Nigeria for the Court to direct the Premier to pay him his costs.
He was represented this time by Chief Akin Olugbade. Chief Akintola was represented by Chief Moore.

Chief Akintola argued that he should not pay any costs because his government had nullified the decision of the Privy Council.
The court disagreed. The apex court found merit in the application of Alhaji Adegbenro.

After all, aya òle la n gba, ko si eni ti o n gba omo òle. A lazy man can only lose his wife and not his child.

The court ordered Chief Akintola to pay Alhaji Adegbenro the costs incurred in the Supreme Court of Nigeria and the sum of #1,140:8s: 5d
being the costs of his appeal to Privy Council in England.
Onigegewura is able to confirm that Chief Akintola paid the costs.

The story did not end there…

You are wondering why appeals were still being taken to the Privy Council notwithstanding Nigeria’s status as an independent country.
Onigegewura will tell you the reason.

It was because the country remained a Commonwealth Realm with the Queen as her Head of State. Nigeria was not yet a republic.

Following the decision in the Akintola case, Nigerian Government felt the time had come to become a full republic.

Ti a ba fi agbo fun egun, a fi okun re le ni. When you give a ram to the masquerade, you ought to leave the rope.

Why was Her Majesty still holding on to the rope after giving us the ram? The time had come to cut the political umbilical cord.

The 1963 Republican Constitution was promulgated.
With that singular act, Nigeria became a Republic and appeal to Privy Council was abolished.

The Supreme Court became the final court of appeal for the Federal Republic of Nigeria.

And it all started with that midnight call.

That however was not the end of the story…

I thank you very much for your time.

-Olanrewaju Onigegewura©️

Nigeria must choose between restructuring and breakup — Adeboye

The General Overseer of the Redeemed Christian Church of God, Pastor Enoch Adeboye, has advised the Federal Government to give Nigeria a lasting solution to secession agitations and its economic challenges by restructuring the country.

According to Adeboye, the restructuring of the country must be done “as soon as possible” to forestall a breakup of the various socio-ethnic components that make up Nigeria.

The 78-year-old cleric stated this on Saturday at a 60th Independence Day Celebration Symposium co-organised by the Redeemed Christian Church of God and the Nehemiah Leadership Institute.

At the symposium with the theme, ‘Where will Nigeria be in 2060?’ monitored by The PUNCH, Adeboye proposed the adoption of a merger of the British style of government and the American system of government to pave the way for Nigeria’s future.

The former lecturer at the Department of Mathematics of the University of Lagos said, “Why can’t we have a system of government that is 100 per cent Nigerian, unique to us? For example, we started on with the British system of government, somewhere along the line, we moved over to the American system of government.

“Can’t we have a combination of both and see whether it could help us solve our problems because in Mathematics if you want to solve a problem, you try what we call Real Analysis, then if it doesn’t work, then you move on to Complex Analysis and see whether that will help you. If that fails, you move on to Vector Analysis and so on.

“I believe that we might want to look at the problems of Nigeria in a slightly different manner. Some people feel that all our problems will be over if Nigeria should break up. I think that is trying to solve the problems of Nigeria as if it is a Simple Equation. The problems of Nigeria will require quite a bit of Simultaneous Equation and some of them are not going to be Linear either – forgive me I am talking as a Mathematician.

“Why can’t we have a system of government that will create what I will call the United States of Nigeria? Let me explain. We all know that we must restructure. It is either we restructure or we break, you don’t have to be a prophet to know that one. That is certain – restructure or we break up.

“Now, we don’t want to break up, God forbid. In restructuring, why don’t we have a Nigerian kind of democracy? At the federal level, why don’t we have a President and a Prime Minister?

“If we have a President and a Prime Minister and we share responsibilities between these two so that one is not an appendage to the other. For examples, if the President controls the Army and the Prime Minister controls the Police. If the President controls resources likes oil and mining and the Prime Minister controls finance and inland revenue, taxes, customs etc. You just divide responsibilities between the two.

“At the state level, you have the governor and the premier, and the same way, you distribute responsibilities between these people in such a manner that one cannot really go without the other. Maybe we might begin to tackle the problems.”

Adeboye noted that the place of traditional rulers must be recognised and restored in governance.

He added, “If we are going to adopt the model, then we need to urgently restore the House of Chiefs. I have a feeling that one of our major problems is that we have pushed the traditional rulers to the background and I believe that is a great error particularly for a great country like Nigeria.

“I find it very ridiculous that one will ask a traditional ruler to inform the chairman of his local government before he travels.

“Go to any town in Nigeria, everybody in the town knows the paramount ruler in the town and they respect him (but) many of them don’t even know the name of the chairman of their local government.

“The traditional rulers are the actual landlords, they control the respect of their people. Their people will listen to them much more, I am sorry to say, than they will listen to some politicians.”

“Without any doubt, we must restructure and do it as soon as possible. A United States of Nigeria is likely to survive than our present structure,” he concluded. (Saturday PUNCH)

World leaders, politicians, celebrities pay tribute to Ruth Bader Ginsburg

By Meredith Deliso and Emily Shapiro

The Supreme Court stalwart died Friday at the age of 87.

Politicians, world leaders, journalists and celebrities are offering their condolences in the wake of the death of Supreme Court Justice Ruth Bader Ginsburg on Friday.

President Donald Trump

President Trump in a statement referred to her as a “titan of the law,” who was “renowned for her brilliant mind and her powerful dissents.”

“A fighter to the end, Justice Ginsburg battled cancer, and other very long odds, throughout her remarkable life,” Trump said. “May her memory be a great and magnificent blessing to the world.”

PHOTO: Flowers and candles outside the Supreme Court Friday, Sept. 18, 2020, in Washington, after the Supreme Court announced that Supreme Court Justice Ruth Bader Ginsburg died of metastatic pancreatic cancer at age 87.
Alex Brandon/APAlex Brandon/APFlowers and candles outside the Supreme Court Friday, Sept. 18, 2020, in Washington, after the S…Read MoreFlowers and candles outside the Supreme Court Friday, Sept. 18, 2020, in Washington, after the Supreme Court announced that Supreme Court Justice Ruth Bader Ginsburg died of metastatic pancreatic cancer at age 87.

President Barack Obama

Ginsburg, according to Obama, helped inspire future generations’ pursuit of justice.

PHOTO: In this July 31, 2014, file photo, Associate Justice Ruth Bader Ginsburg is seen in her chambers in at the Supreme Court in Washington. The Supreme Court says Ginsburg has died of metastatic pancreatic cancer at age 87.
Cliff Owen/APCliff Owen/APIn this July 31, 2014, file photo, Associate Justice Ruth Bader Ginsburg is seen in her chambers in…Read MoreIn this July 31, 2014, file photo, Associate Justice Ruth Bader Ginsburg is seen in her chambers in at the Supreme Court in Washington. The Supreme Court says Ginsburg has died of metastatic pancreatic cancer at age 87.

“Over a long career on both sides of the bench – as a relentless litigator and an incisive jurist – Justice Ginsburg helped us see that discrimination on the basis of sex isn’t about an abstract ideal of equality; that it doesn’t only harm women; that it has real consequences for all of us. It’s about who we are – and who we can be,” Obama said.

President Bill Clinton

Clinton, who appointed Ginsburg to the Supreme Court in 1993, called her “one of the most extraordinary Justices ever,” who had “boundless courage in the face of her own adversity.”

PHOTO: In this June 15, 1993, file photo, President Bill Clinton applauds as Judge Ruth Bader Ginsburg prepares to speak in the Rose Garden of the White House, after he announced he would nominate her to the Supreme Court.
Doug Mills/APDoug Mills/APIn this June 15, 1993, file photo, President Bill Clinton applauds as Judge Ruth Bader Ginsburg pr…Read MoreIn this June 15, 1993, file photo, President Bill Clinton applauds as Judge Ruth Bader Ginsburg prepares to speak in the Rose Garden of the White House, after he announced he would nominate her to the Supreme Court.

“Her 27 years on the Court exceeded even my highest expectations when I appointed her,” he said. “Her landmark opinions advancing gender equality, marriage equality, the rights of people with disabilities, the rights of immigrants, and so many more moved us closer to ‘a more perfect union.'”

President George W. Bush

Bush said, “She dedicated many of her 87 remarkable years to the pursuit of justice and equality, and she inspired more than one generation of women and girls.”

President Jimmy Carter

Carter, who appointed Ginsburg to the U.S. Court of Appeals in 1980, said she was a “powerful legal mind” and “staunch advocate for gender equality, she has been a beacon of justice during her long and remarkable career.”MORE: Ruth Bader Ginsburg’s impact on generations of women and girls

Here are more tributes to Ginsburg:

Former Secretary of State Hillary Clinton

“Justice Ginsburg paved the way for so many women, including me. There will never be another like her. Thank you RBG.”

Vice President Mike Pence

“Today, America mourns the passing of a true public, servant, Justice Ruth Bader Ginsburg, Justice Ginsburg led an inspiring life, and her storied career paved the way for women in the law. As an advocate and an Associate Justice of the Supreme Court, she was a champion for women whose tireless determination reshaped our national life. A fierce defender of her judicial philosophy, Justice Ginsburg will always be remembered as a jurist who respected and commanded the respect of her colleagues.”

Former Vice President Joe Biden

Joe Biden, the Democratic nominee for president and former vice president, said she “was not only a giant in the legal profession, but a beloved figure, and my heart goes out to all those who cared for her and care about her.”MORE: Ruth Bader Ginsburg, powerhouse Supreme Court Justice, dies at 87

“She practiced the highest American ideals as a justice: equality and justice under the law,” Biden said.

“Ruth Bader Ginsburg stood for all of us,” he added.

PHOTO: Democratic presidential candidate Joe Biden looks down as he delivers a statement on the passing of Supreme Court Justice Ruth Bader Ginsburg upon landing in New Castle, Delaware, on Sept. 18, 2020.
Jim Watson/AFP via Getty ImagesJim Watson/AFP via Getty ImagesDemocratic presidential candidate Joe Biden looks down as he delivers a statement on the passin…Read MoreDemocratic presidential candidate Joe Biden looks down as he delivers a statement on the passing of Supreme Court Justice Ruth Bader Ginsburg upon landing in New Castle, Delaware, on Sept. 18, 2020.

Sen. Judiciary Chairman Lindsey Graham

“It was with great sadness that I learned of the passing of Justice Ginsburg. Justice Ginsburg was a trailblazer who possessed tremendous passion for her causes. She served with honor and distinction as a member of the Supreme Court.”

Senate Majority Leader Mitch McConnell

“The Senate and the nation mourn the sudden passing of Justice Ruth Bader Ginsburg and the conclusion of her extraordinary American life. Justice Ginsburg overcame one personal challenge and professional barrier after another. She climbed from a modest Brooklyn upbringing to a seat on our nation’s highest court and into the pages of American history. Justice Ginsburg was thoroughly dedicated to the legal profession and to her 27 years of service on the Supreme Court. Her intelligence and determination earned her respect and admiration throughout the legal world, and indeed throughout the entire nation, which now grieves alongside her family, friends, and colleagues.”

House Speaker Nancy Pelosi

“The loss of Ruth Bader Ginsburg is devastaing. Justice Ginsberg embodied justice, brilliance and goodness, and her passing is an incalculable loss for our democracy and for all who sacrifice and strive to build a better future for our children.

“Every family in America benefited from her brilliant legacy and courage. Over the course of her quarter century as an Associate Justice of the Supreme Court, Ruth Bader Ginsberg became an icon, inspiring people around the world with her tenacity, towering intellect and devotion to the American promise of equality and opportunity for all. Her tireless advocacy in the fight for gender equality, whether working at the ACLU, arguing cases before the Supreme Court or authoring thoughtful and historic opinions and dissents as an Associate Justice, leaves an enduring legacy of progress for all women. Her opinions have unequivocally cemented the precedent that all men and women are created equal.

“We must honor Justice Ginsburg’s trailblazing career and safeguard her powerful legacy by ensuring that the next Associate Justice of the Supreme Court upholds her commitment to equality, opportunity and justice for all. May it be a source of comfort to her children, Jane and James, her grandchildren Paul, Clara, Miranda and Abigail, and loved ones that so many people around the world mourn their loss and are praying for them at this sad time.”

Senate Minority Leader Chuck Schumer

“Tonight, we mourn the passing of a giant in American history, a champion for justice, a trailblazer for women. She would want us all to fight as hard as we can to preserve her legacy.”

Read more

India’s coronavirus death toll passes 100,000 with no sign of an end

India’s Coronavirus death toll surpasses 100,000, only the third country in the world to reach that bleak milestone, after the U.S. and Brazil

India’s death toll from the novel coronavirus rose past 100,000 on Saturday, only the third country in the world to reach that bleak milestone, after the U.S. and Brazil, and its epidemic shows no sign of abating.

Total deaths rose to 100,842, the health ministry said, while the tally of infections climbed to 6.47 million after a daily increase in cases of 79,476.

India now has the highest rate of daily increase in infections in the world.

Prime Minister Narendra Modi’s government, faced with a collapsing economy after imposing a tough lockdown to try to stem the spread of the virus in late March, is pushing ahead with a full opening of the country.

Cinemas were allowed to re-open at half capacity this week and authorities can decide to re-open schools from the middle of this month.

Heading into winter and the holiday season, including the Hindu festival of Diwali next month, the world’s second most populous country could see a jump in cases, health experts said.

“We have seen some recent slowdown of the virus curve but this may be a local peak, there may be another coming,” said Bhramar Mukherjee, a professor of biostatistics and epidemiology at the University of Michigan.

She said data showed a little over 7 per cent of the population of 1.3 billion had been exposed to the virus, meaning India was still far from any sort of herd immunity.

The number of cases could rise to 12.2 million by the end of the year but the rate of spread would depend on how effective measures such as social distancing were, she said.

“So it will continue like a slow burning coil, that is my hope, and we have to play the long game to stop it from being a wildfire.”

The United States, Brazil and India together account for nearly 45 per cent of all COVID-19 deaths globally.

Death rates in India, however, have been significantly lower than in those other two countries, raising questions about the accuracy of its data.

India has, on average, less than one death from the disease for every 10,000 people while the U.S. and Brazil have seen six deaths per 10,000.

U.S. President Donald Trump, defending his administration’s handling of the pandemic in this week’s presidential debate, said countries such as India were under-reporting deaths.

Shashank Tripathi, of the Centre for Infectious Disease Research at the Indian Institute of Science in Bengaluru, acknowledged there could be problems with the data though India’s young population might help explain the lower death rate.

“In India, even without a pandemic, all deaths are not properly registered,” Tripathi said.

“I’m not very confident that the mortality rates reflect the right numbers, though the younger demographic has given us some advantage.”

Representatives of the health ministry and the Indian Council of Medical Research did not immediately respond to calls or emails for comment.

Health experts said there could be greater immunity in India because of the high incidence of infectious diseases such as tuberculosis.

Nearly 1,200 people in India die of TB every day, roughly the same as deaths from COVID-19.

Kamakshi Bhate, professor emeritus of community medicine at the King Edward Memorial Hospital in Mumbai, said she didn’t expect India’s death toll to surge dramatically even as the virus spreads into dense population clusters and across the countryside.

“People were expecting that entire slums would get wiped out but it didn’t happen that way. We have our own resistance,” she said. (Reuters/NAN)

#JusticeforFavour: 13 year old girl allegedly raped to death in Lagos

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The police in Lagos state have arrested a man for allegedly raping 13-year-old girl, Favour Okechukwu, pictured above, to death in the Ejigbo area of the state on Wednesday, September 30.

According to a statement released by the spokesperson of the state police command, SP Olumuyiwa Adejobi, Favour was sent on an errand by her mother to go and buy a carton of Gala for her at Olanrewaju street, Ejigbo at about 8.30pm.

”When Favor did not return on time, a search party was raised to look for her, till when her father came back from work and himself started looking for the girl.  Later information got to them that a girl had been raped to death at No.4, Olanrewaju street Ejigbo. On getting there, the body of  Favor Okechukwu was found dead in a room that belongs to one Ajom  Brimcewil Tabi at No.4, Olanrewaju street, Ejigbo, Lagos. The body was found stark naked with blood flowing out of her private part. ” Adejobi said

The spokesperson added that the said Brimcewil Tabi has been arrested and is currently in detention. He stated that the state Commissioner of police, Hakeem Odumosu, has ordered a thorough Investigation into the case. 

Meanwhile, actress Hilda Dokubu has taken to social media to demanded justice for Favour. A post shared by her on her IG page reads

”On the 30th Sept 2020, about 3pm, Favour was gang-raped to death around Ejigbo area, Lagos State. She would have been 12 years on the 21st October.
 
On the day Favour was raped, she was running errands for her nursing mother. Upon gang-raping her to a state of unconsciousness, the boys engaged a quack nurse to check her. @wrahpnigeria led @actionaidnigeria to meet with her parents today.

Whist we cannot confirm if the nurse administered any treatment on her, @ActionAidNigeria will ensure the quack nurse, the young men and all others involved in this dastard act are brought to book. We will ensure #Justice4Favour.
 
Our daughters MUST feel safe to walk on the street. @actionaidnigeria will continue to work with relevant stakeholders to make our cities, our nation safe for women and girls.

#Justice4Favour #SafeCities #EndRape #StandToEndRape

What is all this? Why? why? why?
I promised myself to stay extremely joyful the rest of the year, especially this month of my birth! But this is so depressing! This is deep seated wickedness!
I know why I am tagged on this post and yes we all need to stand up against RAPE and all forms of gender based violence and abuse
They must pay for the gruesome murder of this child.
I join @Actionaid in the call for #justiceforfavour

#JusticeforFavour:  13 year old girl allegedly raped to death in Lagos
lindaikejisblog

“She broke my head with bottle and threatened to kill me” – Woman accused of slashing her stepdaughter’s face with razor blade in Delta tells her side of the story

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A woman who was accused of slashing her step daughter’s face with razor blade in Warri, Delta State, shared her own side of the story on Thursday, October 1.

It was gathered that the incident happened few days ago at N0 10 Okoro Close in Ugborikoko, Warri South. The step mother is said to be married to the victim’s father for many years without a child.

"She broke my head with bottle and threatened to kill me" - Woman accused of slashing her stepdaughter

According to a report posted by a Facebook page, Warri Akproko, the woman allegedly attacked the victim identified as Mary and slashed her face with razor blade during a domestic disagreement. Mary was rushed to Island Hospital located along Ugborikoko road by good Samaritans. 

"She broke my head with bottle and threatened to kill me" - Woman accused of slashing her stepdaughter

However, speaking to the online news portal on Thursday, the step mother narrated what led to the incident and also attached photos showing injuries she allegedly sustained during the fiight.

She claimed that Mary insulted her, called her a witch, barren and threatened to kill her. In the cause of the heated argument, Mary allegedly picked a bottle and broke it on her head. She retaliated by slashing Mary’s face with a razor blade. Read below: 

"She broke my head with bottle and threatened to kill me" - Woman accused of slashing her stepdaughter

“The story happen like this, in the afternoon she Waka come front of the door begin snap pictures naim I come tell her say comot your hand, as she comot her hand, naim I come spit, as I spit naim she come hiss naim I come tell her say Mary na me you dey hiss for? Naim she come start to dey insult me say I be wicked woman, I be winch, naim me come tell her say watin I do you? She say she go kill me, naim me come tell her say wey you kill me you go come marry your papa?

“Naim she say yes she go marry her papa if it’s possible for her. Naim I come tell her say she no get power to kill me because no be you be my God, she come tell me say I never born, naim me come tell her say well no be you be God, God wey create everybody give everybody children to born, naim me come tell her say as she talk say I never born so, make she remember say she be woman oh and watin I face she go face am also but I get the belief say God go bless me with my own pikin because no be you be my creator.

“Naim she come start to insult me say I be failure naim me come tell her say I no be failure rather na she be failour because her mates dey their husbands house, before I look naim she slap me, naim I say the length wey you Don go so too much I come hold her say why you slap me but before I know she don use bottle break my head and shook my hand I come say I no go leave her go free naim I use the razor blade wey I take dey sew clothes take tear her face before one of her friend come rush her go hospital for treatment.

“The following day, she come bring police come arrest me, When we reach station, she judge say I wan kill her meanwhile na she Wan kill me because she say she no dey happy as her papa marry me so and I nor know watin I dgo her because na me train her from small pikin na my hand she for grow go school do everything but as people never near my side of the story so, everybody come dey blame me naim I say make I come tell una my own side of the story.”

"She broke my head with bottle and threatened to kill me" - Woman accused of slashing her stepdaughter