There was jubilation, particularly among media practitioners and civil society organisations, when in May 2011 former President Goodluck Jonathan gave his assent to the Freedom of Information Act.
The then new law was “to make public records and information more freely available and provide public access to public records and information.”
Its signing into law was to mark the end of a long battle for transparency and accountability in government institutions by the media and CSOs.
But eight years after the FOI Act was passed, the victory scored by the media and CSOs may have become pyrrhic, as the dream of free access to information is still far from being realised.
Speaking recently at a public hearing on the FOI Act organised by Socio-Economic Rights and Accountability Project, the Dean, Faculty of Law, University of Lagos, Prof. Ayo Atsenuwa, named the failure of government to repeal the Official Secrets Act as one of the major setbacks for the FOI Act.
The law professor also listed “tedious administrative processes of application for information” and widespread disobedience to court orders for FOI Act request enforcement as other factors frustrating citizens.
Atsenuwa added that despite the provision of the FOI Act mandating governmental institutions to be transparent by making information available on their websites, many such websites were “maintained more for public relations goals than to serve FOI standards.”
She said the FOI Act had not worked because after it was passed, the government failed or neglected to “retrain and structure a programme of debriefing of public officers to internalise a paradigm shift to make for more willingness to make information available to citizens.”
Atsenuwa said whereas the FOI Act was a beautiful law, the identified obstacles had hamstrung it.
“The FOI Act can particularly benefit citizens advocacy for good governance in provision of education, health care and water to citizens in the following ways — Expose and fight corruption; gain access to information needed to engage in informed advocacy with institutions of government; and enforce compliance with FOI standards by reporting on failure to comply,” Atsenuwa said in the paper she presented at the SERAP’s public hearing with the theme, “Building the Capacity of Citizens in Use of Freedom of Information Act as a Tool for Promoting Transparency and Accountability in Nigeria’s Health Sector.”
But for the obstacles, Atsenuwa said with the FOI Act, citizens ought to be able to “request allocation, procurement and projects implementation.”
“This information will enable them to track information or documents relating to budgets and finance and what is being done.
“If citizens identify impropriety through the search of records, such findings can be forwarded to the police, the EFCC or the ICPC for further Investigation,” she said.
The law professor explained that any citizen can request information under the FOI Act irrespective of age and notwithstanding any physical disability.
She said all public institutions had been mandated to make such information available within seven days of the formal request.
She said the law mandated all public institutions to oblige all requests for information except if the disclosure of such information will be “injurious to the conduct of international affairs or the defence of the Federal Public of Nigeria.”
She said even at that such information may be made available to the applicant if the public benefit of disclosure outweighs the injury that may be caused.
Atsenuwa said though the FOI Act gives citizens the right to sue any government institution which fails to oblige their requests for information, the enforcement of court orders had been difficult due to widespread disobedience to court orders.
Also speaking at the SERAP public hearing, Dr Fassy Yusuf, a Senior Fellow at UNILAG, said it was regrettable that despite the euphoria that greeted the signing of the FOI Act in 2011, “its implementation has been Herculean and quite challenging.”
He said, “Some of the issues bedevilling its implementation include: unwillingness by public officials to release information to the media, civil society groups and citizens; corruption in low and high places; cumbersome and expensive legal processes; unnecessary bureaucracy/red tape; absence of transparency and accountability in our body polity; lack of democratic ethos and open attitude to information dissemination by public officials, and bad governance.”
Yusuf lamented that as a result of corruption and lack of accountability, public service in the country had brought the citizens no joy.
“SERVICOM (service compliance) that was introduced during the regime of Olusegun Obasanjo died shortly after the euphoria that greeted its birth. It is to be noted that the disposition of the civil service to any law or project would determine its success or otherwise,” he said.
He also bemoaned corruption and bad governance in the country.
He said, “Bad governance has brought the country to its knees and it is responsible largely for the past and present misfortunes. One can only pray and hope that the current administration would be in a position to institutionalise good governance. This is because good governance brings about accountable and responsive democracy, effective and efficient system, egalitarianism and sustainable democracy instead of a token democracy. With good governance, we would have had better implementation of the Freedom of Information Act.”
He said for the FOI Act to serve its purpose, the government of the day must embrace transparency and accountability.
He said, “They are two important elements of good governance. Transparency is a powerful force that when consistently applied can promote accountability in government and assist tremendously in the procurement of information about the health sector from government sources. Lack of accountability has been largely responsible for the distrust of the citizens.
“When public officials realise that their activities are subject to public scrutiny, they become more circumspect in their affairs leading to transparency and accountability in the health sector.”
In order for the FOI Act to succeed, Yusuf said CSOs and citizens must continue to demand its full implementation.
She was murdered in cold blood. The dead can’t talk. Yet, women strangely remain in abusive relationships. Why not walk away?
Ronke Shonde, a banker and mother of two, was beaten to death by her husband, Lekan Shonde, in Lagos. A manhunt for Mr. Shonde, who fled the murder scene, was launched. Before taking his wife’s life, Mr. Shonde used to “tie her, beat her and take her mobile phones away,” according to a neighbour.
Media in Nigeria is brimming with stories of gender-based violence at home, in the streets and elsewhere. Many of these with unpleasant conclusions.
A study recently commissioned by the ministry of women’s affairs and social development and the United Nations Population Fund (UNPFA) Nigeria with support from the Norwegian Government found out that 28% of Nigerian women aged 25-29 have experienced some form of physical violence since age 15.
The study also reports that 15% of women experienced physical violence within 12 months preceding the survey Further, the level of exposure to the risk of violence varied based on marital status, and that “44% of divorced, separated or widowed women reported experiencing violence since age 15, while 25% of married women or those living with their spouses have experienced violence.
The most common acts of violence against women in Nigeria include sexual harassment, physical violence, harmful traditional practices, emotional and psychological violence, socio-economic violence and violence against non-combatant women in conflict situation.
Dr. Abiola Akiyode-Afolabi, founding director of Women Advocates Research and Documentation Center (WARDC) declared: “We call on the Federal Government [of Nigeria] to create more institutions that can address the root causes of gender-based violence, the impunity that often goes with the scourge, implement policies and enact laws, for a stronger national response that can support victims and survivors\of violence.”
She added: “The 16 Days of Activism against Gender-Based Violence (GBV) is also a time to remember victims and survivors of GBV and further re-evaluate the effectiveness of interventions currently in place to address the problem.”
Tagged 16 Days of Activism against Gender-Based Violence, it is an annual international campaign that kicks off on 25th November, the International Day for the Elimination of Violence against Women, and runs until 10th of December, Human Rights Day. It was commenced by activists at the inaugural Women’s Global Leadership Institute in 1991 and continues to be coordinated each year by the Centre for Women’s Global Leadership. It is used as an organizing strategy by individuals and organizations around the world to call for the prevention and elimination of violence against women and girls.
This year, the United Nations Secretary-General’s UNiTE by 2030 to End Violence against Women campaign (UNiTE campaign) marks the 16 Days of Activism against Gender-Based Violence, from 25 November to 10 December, under the theme, “Orange the World: Generation Equality Stands against Rape!”
Uniquely, the Federal Government as a tribute to the event launched a register for sexual offenders aimed at naming and shaming rapists and other perpetrators of gender-based violence.
Three months ago,Ekiti State Government begun the public naming and shaming of convicted sex offenders in the state as part of efforts to curb sexual violence. The state government opened the register with the name of a former Anglican priest, Reverend Asateru Gabriel, who was convicted for sexually abusing a seven-year-old girl. Ekiti launched its Sexual Offender’s Register in 2013.
As activists and women groups the world over, express outrage on the rise of gender based violence, the International Federation of Women Lawyers (FIDA), Abuja branch, called on victims of rape to break the silence and speak up. Chairperson of FIDA, Abuja, Rekia Adejo-Andrew, made the call during awareness walk to commemorate the International Day for the Elimination of Violence Against Women on Monday in Abuja. The walk is also in line with the “16 Days of Activism Against Gender-Based Violence.”
FIDA Abuja further took its advocacy to Jabi motor park. Enlightening men on the social and legal consequences of battering and maiming fellow humans, particularly women, their attention was also drawn to the social and legal consequences of such actions – viz loss of life, prison term, psychological effects on children and more.
Meanwhile, legal support was rendered to those who revealed that their partners act violently towards them. Moreover, an enlightenment radio program was held on Wazobia FM where FIDA’s interactions with listeners were highly responsive.
At the same time, Lagos branch of FIDA in conjunction with Project Alert and Network on Police Reform in Nigeria (NOPRIN), had a press Conference themed: Sexual Violence by Law Enforcement Officers in Nigeria (Police & co) to flag off the event.
Similarly, FIDA Edo partnered with Edo state government to encourage increased female political participation by reducing the rates of political violence, especially violence against women. They also held a sensitisation seminar for students of Benson Idahosa University, Benin and another for the police about their duties of protecting a Rape Victim to get justice.
Then FIDA Benue paid a visit to Government Girls Secondary School, Makurdi were a talk on GBV and Rape was delivered. Thereafter, members of FIDA Benue distributed sanitary towels to over 240 students.
Likewise, FIDA Plateau in collaboration with the Nigeria Association of Women Journalist (NAWOJ) went on the streets to campaign against Child labour and street hawking which are subtle ways of luring girls for rape purposes. In the course of the walk, children especially the girls were interviewed and flyers distributed in condemnation of CHILD labour.
In Bayelsa state, FIDA in collaboration with other gender champions (CSOs/NGOs) embarked on a peace walk to the Nigeria Police Force Headquarters, Bayelsa State Command, Yenagoa. FIDA Chairperson, Tariere Egbegi harped on the need to strengthen the fight against the menace of rape.
On the other hand, LAMPAIX, a non-governmental organisation gave a charge:
“Day 4 of 16 Days Activism on GBV
The two crimes we feature today are often tied to more serious offences like rape. It is important to understand that these and other crimes too are punishable under VAPP Act.
Don’t say ‘Thank God he/she didn’t rape me!’ Let the perpetrator pay for the crime committed.”
“Day 5 of 16 Days Activism on SGBV
Someone wanted to know if Workplace Sexual Harassment is covered by VAPP provisions. LAMPAIX believe ‘Offensive Conduct’ punishable by 2 years imprisonment takes care of such crimes for now….. Again note that both men and women commit these crimes against the other.
Most people have never heard of a hero quite like Theresa Kachindamoto. She was the youngest of 12 kids who were descendants of village chiefs who presided over Monkey Bay in Malawi, Africa. When she found out that it was her turn to serve as the new senior village chief, Kachindamoto had been working at a city college for the past 27 years. Once she came into power, she immediately set about bringing an end to the practice of child marriage within her jurisdiction. At first, Kachindamoto did not expect that she would ever have a chance to become chief. After all, she resided in a different town, had many older siblings in front of her, plus she was raising five children.
But, thanks to her reputation as someone who was “good with people,” Kachindamoto came into power thanks to a surprise election. And her people told her that the job was hers “whether I like it or not,” she recalled. And although child marriage is considered culturally acceptable in her area, mainly because of the high levels of poverty, it has also been illegal in her country since 2015. However, this did not put an end to child marriages since young girls could still be married so long as they have parental consent. However, Kachindamoto made up her mind to put an end to the long-standing tradition of robbing young girls of their childhoods by forcing them to marry older men and become mothers before they turn 18.
Source: Wikimedia Commons
While traveling around Monkey Bay to meet with the people she was to govern, Kachindamoto met with girls as young as 12-years-old with older husbands and children they were raising.
“I told them: ‘Whether you like it or not, I want these marriages to be terminated.’”
Source: Google via Twitter
Kachindamoto’s story may seem small; after all, she’s only a village chief. However, she’s chief to over 900,000 people, which definitely takes her out of the “small-town mayor” category. So far, she has annulled over 850 marriages and sent those girls back to school.
Mawlawi is classified as one of the poorest countries in the world. And, according to a 2012 survey by the United Nations, over half of the country’s girls were married before turning 18.
Also, there are organizations working within the country to warn parents about the dangers associated with early marriage and childbirth.
Sadly, parents are typically so poor that they cannot afford to house and feed their daughters, so they often feel they have no choice but to marry them off to older men.
Source: Swathi Sridharan via Wikimedia Commons
The reality of child marriage is that it often leads to complications in childbirth, primarily because the girls’ bodies are too small to handle the stress of giving birth safely.
Perhaps even worse, these girls are often sent off to despicable camps for “kusasa fumbi,” a word that translates as “cleansing.” However, the practice is really a sexual initiation.
These camps instruct girls as young as seven-years-old on how to perform sexual acts to appease their future husbands.
Kachindamoto was the first chief to impose a hard-line stance against anybody involved in these practices, threatening to fire any sub-chief who sanctioned it.
Source: Affinity Magazine via Twitter
When parents started to protest Kachindamoto’s law, she did not back down. She knew that she could not change the minds of those parents, but she could change the law.
So, she brought together her 50 sub-chiefs and made them sign an agreement that officially abolished child marriage and annulled existing child marriages in her area.
Of course, there were those folks who decided to continue the practice anyway.
However, Kachindamoto demonstrated that she wasn’t messing around by firing four male chiefs who presided over areas where the practice was still taking place. They were only able to get their jobs back once they agreed to enforce the new law by annulling the marriages and sending the girls back to school.
Source: Vital Voices via Facebook
Despite facing numerous death threats, Kachindamoto remained steadfast.
“I don’t care, I don’t mind. I’ve said whatever, we can talk, but these girls will go back to school,” she said.
The new chief also came up with ways to pay for the girls’ schooling, considering that their parents could not afford the fees.
Source: The Wing via Twitter
However, Kachindamoto isn’t satisfied just to sit back and think she’s done enough. The chief also hired a network of “secret mothers and secret fathers” in the villages to ensure that parents are not taking their girls out of school.
And as for those who still complain about their chief’s new law? She says that they are the least of her concerns.
“I’m chief until I die,” she said, laughing.
What an incredible story of courage in the face of a long-standing inhumane tradition. Please be sure to share Kachindamoto’s story with your friends and family.
The moment I saw him, I knew he was one of them. Those intrusive characters who thought they loved you more than you. Those pests who go about buzzing around your ears with their boring message. I was in a bad mood; I was frustrated; I was broke; and very angry. Who wouldn’t be angry? No job, no money; and yet we are being told that Change had become Next Level.
Why are these political parties no different from each other? One is made up of big time crooks who ate and soiled their lips with oil, and didn’t care to wipe their lips. They wanted us to know they were prosperous. The others, with their brooms; were also thieves, who robbed us blind, ate like those under the umbrella, but were smart enough to deceive us into thinking they were saints. We fell mugu. Four years after, we have discovered they were not a shade different from the umbrella boys and girls. In fact, most were under the umbrella, until they changed to wielding brooms.
We were so easy to bewitch. So very easy. The broom men (mostly men, of course) were also adept at eating, but knew how to wipe their lips clean, insisting ‘you know Baba does not allow anybody to eat’. Yet they stuffed their pockets with everything from dollars to Naira.
Are we cursed?
Then he smiled at me, again. I glared back at the religious bastard! He just kept smiling, while I turned away. Next Level. Is it up the ladder or below the ladder? Oh Allah, the most beneficent, the most merciful; when will you rain down your punishment on these wicked bastards?
“Good afternoon, my brother.” I almost jumped as I heard the soft voice. I turned to see the religious bastard standing right beside me in the bus. I was livid. Whether it was the snarling sound I made under my breath, but he took a step away. So, he had the temerity to make an incursion into my space. What is wrong with these Christians? He repeated the greeting.
I shouted back: “What is it, this man?” Everyone in the bus turned to look at me. Like me, they were all looking tired, frustrated, and angry.
The idiot almost jumped out of his skin, as he again cringed back. Serves the fool right, I thought to myself. He dared not do that to me in Maiduguri four years ago. I would have taught him a lasting lesson he would remember when he arrived hell. Bloody infidel!
“I am sorry, sir,” he managed.
“You better be,” i grunted back.
I returned to my political thoughts. When are the innocent ones going to be born in this country? When are we going to escape these blood-suckers, who have left us with a mishmash of terrorists, bandits, kidnappers, militant herdsmen, armed robbers, and to worsen matters, a crop of treasury looters? Oh, Allah, how long before you rain fire and brimstone on them and their children? How can a country for 20 whole years be this unlucky? Who cursed us?
And then it happened again. That voice. That idiot. That religious infidel spoke up, again.
“Good afternoon, sir”. I turned ever so slowly, like a cobra, mustering all the anger, gathering spit from every corner of my mouth to respond and spit in his ugly face.
“Oh, good afternoon, my brother,” another passenger answered. I quickly swallowed the mouthful of spittle, to even my own disgust.
And then the conversation that was to enthral us all began.
“You know that Jesus loves you”.
“Seriously? Is that why you greeted me? I shouldn’t have answered you at all. So Jesus loves me and is allowing the suffering all around us? Please do not disturb me, I am a Muslim, and I don’t believe in your Jesus”.
“You are a Muslim and you don’t believe in Isa al-Masihu? That is strange.”
“That is not what I said. I said I do not believe in your Jesus, not Prophet Isa. Your own Jesus is different”.
I was recoiling and praying that this would get out of hand, so I could shed some blood. I touched my side, but my dagger wasn’t there. I was disappointed. I took a cursory look around, and saw we outnumbered them. I was itching for war. These Christians needed to be taught a lesson.
“But I thought Jesus Christ is the same as Isa al-Masihu, born of a virgin woman named Maryam, announced by Angel Jibrin?
Yees?
“So when did he become my own Jesus?”
“From the day you people said God is his father”.
“In Arab culture which you draw from, can a person be without a father?”
“Okay. From the Jewish culture which you draw from, can a person be without a father to now claim God is his father?”
Now this was getting interesting. I was sure we were all listening but we pretended not to care. I knew my people were waiting for a word of blasphemy, and the bus ride to Gwagwalada was bound to come to an end. I craned my neck and was somewhat disappointed to see the driver and those immediately surrounding him looked like Christians, but I was confident we had the number. But with everyone these days wearing kaftans, could I be that sure? I began to check the foreheads as the two continued their discussion.
“I concede, but what is it Angel Jibrin told Maryan. I thought he said the spirit of God will come into her and she would have a son?” the Christian asked.
And so?
“So, if the spirit of God is the one that caused her to conceive; and we both agree that in Jewish and Arabic cultures you cannot be a living being without a father, who can he, I mean he, Isa al-masihu, claim to be his father?
“I don’t know”.
“Haba, aboki na, how can you say you don’t know. By your admission, the spirit was God’s, just like the sperm from me into my wife stayed in her for nine months and produced my first child, Caleb. So, who is Camel’s father?”
Silence.
I was both confused and angry.
“You are wrong!” I shouted angrily.
Everyone turned to look at me. Was it my voice? Was it the shout? Was it the anger in the voice?
“Gentlemen, let us end this needless debate,” an elderly voice said from behind.
“Nooo!” I shouted again.
This time they all really looked at me. Some listlessly, others with uncomfortable interest.
It was only the preacher that was smiling with something, like gentleness, in his eyes. I felt like throwing a punch at his wide African nose, but held back. For the first time, I noticed he was a burly man. I was sad my dagger was not on me.
“So, why do you say no,” he asked gently
I was lost, waiting for the anger to dissipate, so I don’t sound like a senseless zealot. I changed the direction of the discussion. “You Christians…” as soon as the words came out, I shut my mouth. They had bile, they sounded accusatory and war-like. I quickly reminded myself I was in Abuja and not Maiduguri. Oh, how I missed Maiduguri. May Allah punish those Boko Haram boys!
“What I meant to say was, why do you Christian’s say he is God? That is the worst kind of blasphemy.” I managed to say through clenched teeth.
“Please remember I said we should close this discussion,” the same elderly man cautioned, again, from behind.
“No sir! Are we saying that as Nigerians we cannot have a civilised discussion in a bus”? I couldn’t believe I uttered those words. Everyone turned to look at me as if I was from the moon. I began laughing inexplicably. Almost everyone joined and the tension eased.
“Okay, Mr. Smiley,” I said to the gentle giant, “what is your take on my last question, now that there is no tension again”.
The Christian looked around, and when he saw everyone in the bus fix their gaze on him, he erupted into rapturous laughter that shook all of his frame. When he finished, he asked, “is it me you called Mr. Smiley?”
“Of course, you are the only suffering and smiling Nigerian on this bus,” I replied. I was really seeking to draw him out for a killer punch to his Jesus preachment. He fell for the bait.
“Well, what is your name,” he asked. I was caught off-guard.
“Mukhail Sulaiman,” I ventured
“So your father’s name is Suleiman.”
“Yes, and so?”
“So Suleiman’s son can be called Suleiman?”
“Yes, and so?” It hit me like a bullet before I could take it back. I felt foolish.
“In effect, if the Arabs and the Jews from whom we draw our different faiths believe a man can’t be born without a father and Jesus was born of the Spirit of God, he is the son of God; and if Mukhail can claim to be Suleiman, then Jesus can claim to be God”.
Everywhere went silent like a graveyard.
We drove in that eerie silence until we arrived Gwagwalada. And then he spoke.
“Thank you, Mukhail, for the interesting time. I am not asking you or anyone to become a Christian. Just that we all remember that the Almighty God is the way, the truth, and the life. God bless you all”.
I watched him climb down and walk away as he exchanged numbers with the man he started the discussion with. I made a mental note of the time, hoping to catch a ride with him for a return match. I would have to visit my Mallam and study harder for when I meet him or his type again.
Weeks now, but I never stopped thinking of our discussion.
…. as Babangida, Tambuwal, Osoba decry moves to gag free speech
It might be uhuru at last for proponents of free speech as plots to push the hate speech bill in the red chambers appears to be wobbling.
Senate President Ahmed Ibrahim Lawan was today presented with a court judgement to safeguard the Senate from falling into an error with regards to barring free speech in Nigeria.
The November 28, 2019 letter drew the Senate’s attention to a judgement of the Community Court of Justice of the Economic Community of West African States (ECOWAS) which had debarred Nigeria’s government from criminalising free speech in whatever guise.
Delivered by Mackay Chambers and Associates, part of the letter reads: “We hereby inform you that, the exercise in pursuing this Hate Speeches Establishment Bill 2019 is one in futility and therefore, the taxpayers money should not be plunged into it, in view, of the Judgment of the ECOWAS Court which has been termed by the global community as a landmark Judgment, a trailblazer for the global freedom of expression.”
The judgement was the culmination of the arbitration in a case instituted by FestusOgwuche and Anor v. the Federal Republic of Nigeria.
A part of the certified true copy of the judgement reads:
“That on Tuesday the 11th day of December 2018 in Suit no; ecw/ccj/app/ 10/15; judgment no; ecw ccj jud 31/18, quashed and forbids the Federal Republic of Nigeria from criminalizing free speech in whatever form, colour or clothing and barred her from free speech or press censorships enshrined and guaranteed under Article XIX of the African Charter on Human and Peoples’ Rights, and the ECOWAS protocol on Democracy and Good Governance.”
The judgement states that all these are covenants from the Universal Declaration of Human Rights to which Nigerians enjoy its full declaration
The letter further stated that the hate speech bill runs contrary to section 22 and 39 of the Nigerian Constitution and other international convention to which Nigeria is a signatory.
The letter also disclosed that: “The Hate Speeches Establishment Bill 2019 is contrary to Section 22 and 39 of the 1999 Nigeria Constitution as amended which guarantees freedom of expression. It needs no saying that, any Law or Act that is or are contrary to the grand norm of the Constitution is null and void.”
Meanwhile, former military President, General Ibrahim Badamasi Babangida (rtd) has said that there is no basis for the Hate Speech Bill before the National Assembly, insisting that no one can muzzle the voice of Nigerians.
General Babangida spoke at his Minna hilltop residence when he received the National President of the Nigerian Union of Journalists (NUJ), Chief Christopher Isiguzo who was there on courtesy call.
A similar bill he revealed was presented before the Eighth National Assembly but that he advised against it saying: “I am surprised that this bill has resurfaced”.
“There is no basis for this now; we are developing and we should be allowed to develop; if we make mistakes people can be cautioned. If somebody goes off, you have the right to call him to say ‘no we don’t want this.”
He remarked that “unless people are able to express themselves that the government or those in authority will know what is happening in the country”
The former military president who said the only reason for the bill is that the sponsors want to show “eye- service as we call it in the army,” described the death penalty prescribed in the bill as “crude.”
“If somebody makes hate speech, and you put him in the gallows and shoot him, it is crude; it is not in the 21st Century. It could have happened may be some 300 years ago but not now.”
Babangida told his visitor that he will join the NUJ and other stakeholders in protesting against the passage of the bill saying, “I am with you on this. I will also talk to those of us who could be in position to bring sanity to some of these things”.
The former military president said he had been following media publications on the forth coming elections in the United States of America, adding that “if we had their type of media, I think they should be jailing you all by now.”
He credited himself with opening up the media space in the country even when some of his colleagues opposed his policy, “but today the country is better for it.”
Babangida challenged the media in the country to remain “strongly focused on what Nigeria wants, “ adding that we can only succeed if we allow this freedom unfettered without death threat or N10m it sounds silly”
Earlier the proposed Hate Speech and Anti-social Media bills came under heavy attack and condemnation at the 15th All Nigeria Editors Conference (ANEC) in Sokoto.
Leading the pack, host Governor, Rt. Hon. Aminu Tambuwal of Sokoto State, warned that omnious clouds are gathering over the country, and that Nigeria cannot continue to run democracy like a military dictatorship. According to Tambuwal, “Hate speech and Social Media bills have no place in a constitutional democracy.
Likewise, Osoba offered to lead the Guild, even as a chieftain of the ruling All Progressives Congress (APC), to lobby the senators, to ensure that the bills do not pass through.
Acting President of NGE, Mr. Mustapha Isa in his welcome address, reminded those behind the bills that there are already enough laws in the country to check the infractions which the proposed bills seek to address. Isa restated the the Guild does not, and will not, support the proposed bills, as they are tantamount to gagging the media
As the judgment continues to reveberate, a Nigerian lawyer with the hash tag IP #TM #UFAIRCOMPETITION had a say on “Trademark and Unfair Competition: how brands can commercialize their IP?”.
U.S. District Judge Gene Pratter | OpenJurist.org
PHILADELPHIA – Tropical Naturals won a copyright lawsuit over the use of a trademark for soap in a decision handed down Sept. 10 in U.S. District Court for the Eastern District of Pennsylvania.
Chinjindu Chris Maduka had brought a claim against the company seeking more than $1 million for profits earned in six years of use of the DUDU OSUN, which he claimed he had been using since 1986, and DUDU OSUM trademarks. The trademarks are used for marketing what’s referred to as “African black soap.”
These types of soaps and body products are sold to people in West African countries. They are also popular within the immigrant community living in the United States.
Tropical Naturals claimed that DUDU OSUN was its trademark. It sought $29,235.02 from Maduka as well as attorney’s fees. It also wanted Maducka to be permanently barred from using the DUDU OSUN and DUDU OSUM trademarks in the future, as well as to have his patents pulled from the U.S. Patent Office, and for the court to stop Maducka’s claim to patent the DUDU OSUM trademark.
In her 47-page ruling, Judge Gene Pratter said that Maducka’s claim to have used the trademark in the United States could not be verified until 2001, and that Tropical’s “ownership of the DUDU OSUN trademark predated any legally cognizable use in commerce by” Maduka. The company has used the DUD OSUM trademark, but they are “confusingly similar,” thus preventing Maduka from being able to claim ownership of DUDU OSUM as well.
Pratter said Tropical was not entitled to profits earned by Maduka and that the company was entitled to an injunction preventing Maduka from using either trademark in the future. Also, she said that the Patent Office must cancel Maduka’s registration for DUDU OSUM. But she would not cancel his patent application for DUDU OSUM. Additionally, Maduka must pay Tropical’s attorney’s fees.
PENNSYLVANIA RECORD
ANigerian Lawyer Tweets
ANWIRI
ANWIRI@esmeraldo99 Have you ever used or seen this bar soap in a super market/shop/minimart/store “DUDU OSUN”?…Today’s IP discussion is on Trademark and Unfair Competition: how brands can commercialize their IP?
Summary of the case- Mr Chinjindu Chris Maduka v Tropical Natural Ltd The plaintiff Mr Maduka claimed that he had developed a brand of “African black soap” and related body care products which he markets and sells using the marks DUDU OSUN and DUDU OSUM…
ANWIRI@esmeraldo99 And was suing a Nigerian entity called Tropical Natural Ltd (TNL) for trademark infringement of the mark “DUDU OSUN”, Unfair Competition and sought you recover from TNL $1,020,665.68 as alleged profit from the last 6 years of the use of DUDU OSUN…
ANWIRI@esmeraldo99 TNL counterclaims against Mr Maduka that they are the right owner of the DUDU OSUNark and sought to recover $29,235.02 as profit from the use of the DUDU OSUN & DUDU OSUM mark in the last 6 years, attorney’s fees,permanent injunction barring Mr Maduka from using the disputed mark …
@esmeraldo99 And also cancel Mr Maduka’s registration for the application for the DUDU OSUN mark as well as his pending application for the DUDU OSUN mark. Now you may be wondering what is in a name especially with regards to a business and brand?
ANWIRI@esmeraldo99·Nov 19 Every entrepreneur who has intention or is in a business venture would require a name as a badge, origin and identification which may consist of combination of personal names, invented words or descriptive words, to ensure that it is been protected from passing off.
ANWIRI@esmeraldo99·Nov 19 And it does not matter the kind of business he /she wishes to engage in which could either be private or public. This is where Trademark as an IP comes into play; a TM is used to differentiate a product or service from another in order to avoid confusion…
ANWIRI@esmeraldo99·Nov 19 which could be smell, logos, names, colour, numbers, letters, ‘three-dimensional features such as the shape and packaging of goods, non-visible signs such as sounds or fragrances’.
ANWIRI@esmeraldo99·Nov 19 A trademark is protected once it has been registered and if it has goodwill can be protected from infringement.
Function of trademark i. It identifies the commercial/ trade origin of a goods which is applied. In other words, it is seen as a badge of origin as in the case of…
ii. It advertises the goods/services sold by the traders in connection with the mark which is known as the ‘Investment Vehicle’. iii. It can be an indication of quality which helps in differentiating between inferior goods. For example, the Christian Louboutin shoes known for its red sole shoes with the signature can be identified anywhere it is seen.
SCOPE OF PROTECTION a. It protects the work to help distinguish between other goods/services
b. Gives monopoly over use of marks in respect to goods and services which has been registered.
c. Names, words and phrases can be protected as trademark as it represents and defines the brand, sends out information and distinguishes the products/services.
d. Once registered it is is valid for an initial period of 7 years and…
ANWIRI@esmeraldo99·Nov 19 The conclusion of the court which struck me the most was No. 3 in the picture below. Use in commerce could be likened to the principle of first in time and establishment of the right to use a mark which prevents others from using a mark without the permission from the owner
@esmeraldo99 Mr Abiola Ogunride founder & owner of TNL started manufacturing and selling African Black soap in Nigeria using the “DUDU OSUN” mark in 1995. He gave detailed explanation on how he came up with the name of the mark which was gotten from one of the popular languages in Nigeria.
ANWIRI@esmeraldo99·Nov 19 DUDU in Yoruba means “Black”and OSUN means Camwood. He went further to show continuous use of the mark between 2002-2008 (6 years) while Mr Maduka stayed he started using the mark as far back as 1986 which he also called aspire Dudu Raw Black Soap & liquid black soap.
ANWIRI@esmeraldo99·Nov 19 Both Mr Maduka and TNL both sold soap products, including bar soap known as African Black Soap in the Soap Industry popular in Nigeria, West African countries and was also popular in the U. S especially among immigrants from West African nations.
ANWIRI@esmeraldo99·Nov 19 According to Daniel M McClure he was of the opinion that ‘the history of trademark law was seen as playing out the tension between protecting entitlements on the one hand and encouraging free market competition with access to other protected marks’.
ANWIRI@esmeraldo99·Nov 19 In this case you can see the parties tension in protecting their entitlements on the one hand and encouraging free market competition with access to other protected marks’. Same is applicable in every other IP
ANWIRI@esmeraldo99·Nov 19 With invented words, names or phrases it is easier to protect,as it comprises of different combination to create and represent the brand and are not common words or terms and cannot be found in the English dictionary, and in this case DUDU OSUN/OSUM
This can also be referred to as trade names given protection under trademark to control unfair competition and dilution of trademarks. A brand name is an identity to the product and what makes them stand out from other product and services.
ANWIRI@esmeraldo99·Nov 19 It has been said that most brands speaks for itself hence making the product quality and price higher than its inferior. In the U. S, trademarked names are given utmost protection due to the fact that they represent the brand under both state and federal laws.
ANWIRI@esmeraldo99·Nov 19 Under the Supreme Court in the United States, the federal trademark law has two objectives:
1. Protection of consumers’ ability to identify and distinguish products of various manufacturers;
2. Protecting the business goodwill which a mark symbolizes.
ANWIRI@esmeraldo99·Nov 19 In Nigeria, the ‘FERODO CASE’ is referred to as the foundation (“locus classicus”) of trademark law in Nigeria.
b. Niger Chemist v Nigerian Chemist and D.K.Brown on pronunciation thereby causing confusion.
c. Iyke Merchandise v Pfizer Inc and Others where these two words
ANWIRI@esmeraldo99·Nov 19 “Combartrin Plus” and “Combiterin” were the cause of confusion. Cc -DUDU OSUN v DUDU OSUM
In Omnia Nigeria ltd v Dyke trade ltd the issue was on the use of the word/phrases ‘SUPER ROCKET’ and the plaintiff had to obtain an Anton Pillar Order against the defendant.
A. Dilution of names: is said to be reducing of a brands values thereby making the consumers think it is unique, particular and singular. It is also being made up of two particular harms namely:
i. Blurring
ii. Tanishment
ANWIRI@esmeraldo99·Nov 19 Blurring is by associating another mark to another while Tanishment is based on the reputation of a famous brand that is now associated with another brand. The United State enacted the Federal Trademark Dilution Act (FTDA) which was established in 1996 to prevent dilution in any
B. Counterfeiting and piracy: buying of counterfeits products violates the real author’s right but the consumers themselves are vulnerable to some risk for instance poisoning. Every country is affected by counterfeiting and piracy therefore the law enforcements, agencies
ANWIRI@esmeraldo99·Nov 19 and custom officials worldwide should work in tandem and trading laws should be created in other to frustrate the efforts of these impersonators in shipping, distributing and selling of these products.
C. Passing off in relation to pronunciations and similarities: what happens when two products have the same spellings but different pronunciation, which of the owners should be given the right to own the trademark. In the case of Céline SARL v Céline SA it was held that there was
ANWIRI@esmeraldo99·Nov 19 no infringement. However, the Nigerian case of Niger Chemist v Nigerian Chemist and D.K.Brown may beg to differ or don’t you think so
ANWIRI@esmeraldo99·Nov 19 Now let’s look at the claims the parties are seeking to recover a certain amount of profit made in th last 6 years TNL is asking for $1,020,665.68 while Mr Maduka is asking for … $29,235.02
ANWIRI@esmeraldo99·Nov 19 Proof of ownership under the Lanham Act in the US for trademark is based on the first continuous use of the mark which TNL did between 2002-2008, ownership is not acquired by federal or state registration but from prior appropriation and actual use in the market through the sale ANWIRI@esmeraldo99·Nov 19 of goods and services while use in commerce is defined under the Lanham Act as the bona fife use of snark in the ordinary course of trade and not made merely to reserve a right in a mark. Courts in the circuit also consider the following factors:
1. The volume of sales of the TMed product in this case DUDU OSUN which TNL showed to have I@ported into the US from 2001 over 150,000 bars of TNL’s DUDU OSUN up till 27 April, 2016 and showed a document of another 48,000 bars sold to different distributors in Virginia from
ANWIRI@esmeraldo99·Nov 19 May 2002 and made $28,479.00 while Mr Maduka had less than $3000 and even sold some of TNL’s branded product. Infringing or not…you tell me
2. The growth trends are both +ve and -ve in the area
3. The number of persons actually purchasing the products in relation to the potential number of customers and TNL had the numbers and finally 4. The amount of product advertised in the area
ANWIRI@esmeraldo99·Nov 19 TNL advertises his brand in the African Imports Catalogue in the Fall/Winter 2002 & Summer 2004 edition, Spring 2009 and Spring 2011 editions. Mr Maduka did none of that to meet market penetration. Ownership in Nigeria under Section 18(1) of the TMA is any person claiming
ANWIRI@esmeraldo99·Nov 19 to be the proprietor of a trade mark used or proposed to be used by him who is desirous or registering it but must apply in writing to the Registrar in the prescribed manner for registration either in Part A or Part B of the Register
ANWIRI@esmeraldo99·Nov 19 What is the deemed registerable under Part A and Part B ? What is the difference? Marks registered in Part A MUST be “distinctive” which is defined by Section 9 of the TMA to be that the work is adapted in relation to the goods in which it is registered to distinguish
ANWIRI@esmeraldo99·Nov 19 goods with which the proprietor of the TM is or may be connected in the course of the trade
ANWIRI@esmeraldo99·Nov 19 While registration in Part B the mark must be capable in relation to the goods in respect of which it is registered or proposed to be registered and doesn’t have to be “distinctive” but be capable of being distinctive.
ANWIRI@esmeraldo99 Follow Intellectual Property and Technology lawyer, Arbitrator,Co-Contributor to the 6th ICLG on Data Protection, #Derbygrad2014
A psychology war is currently brewing in Nigeria. This is the serious decade-old battle between serious literature and pornography. The contemporaneous Nigerian society has been so bastardized by the influx of Western culture that we seem to be losing our foothold on our sense of values. Many Nigerians have assimilated to a significant degree, a multitudinous memorabilia of the Western culture that it would not be surprising to discover that many Nigerian youths dream Western dreams.
Pornography is that aspect of literature that is designed to entice the consumer sexually.
It comes in diverse forms, including writings, recordings, still pictures, motion pictures, Facebook statuses and profile pictures, Blackberry Messenger display pictures, and Skype I.m’s.
It is very sad to note however that pornography in its different forms is gaining the upper hand in this colossal battle.
It is no doubt intriguing at the rate at which the Nigerian public, especially the social networking sites, is being flooded by an influx of pornographic materials in its different forms these days. One can hardly visit a social networking site without being assaulted by a superfluous and redundant display of the mammary glands, and pictures of nude women in highly beguiling postures. These apart, the most annoying fact is that many Nigerian youths, most especially the females have taken to engage in an empirical experiment. Most indolent Nigerian youths unabashedly portray these animalistic attitudes in their vulgar mode of dressing and uncouth behaviour. And many of them are not ashamed to give Section 39(1) CFRN 1999 as the ratio for this primitive behavior.
In view of this obnoxious cankerworm that is eating deep into the recess of the Nigerian public, can it then be said that the framers of our constitution did not deem it worthwhile in balancing the freedom of expression as guaranteed in Section 39(1) CFRN with adequate checks on its abuse as other countries have done? The answer is very glaring. The Criminal Code which is an act of parliament that is in conformity with the totality of the constitution makes express provisions relating to this demoralising phenomenon. Section 233 of the Criminal Code Act under paragraphs A-F expressly prohibits any obscene article or publication. Subsection (B) went to great lengths to define “article” as used in this context to include: anything capable of being or likely to be looked at and read or looked at or read, and includes any film or record of a picture or pictures, and any sound records. Thus, going by the extensive definition of the Criminal Code Act, anybody who posts any picture on Facebook, Blackberry Messenger, Twitter, Skype, or any other social networking site which fulfils the intention listed in Section 233(B) and which also by virtue of Section 233(C)(1), is intended to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it; such a person is by virtue of
Section 233(D)(1), guilty of an offence punishable on conviction by a fine not exceeding four hundred naira or by imprisonment for a term not exceeding three years or by both.
The English court of appeal the case of Shaw v DPP (1961)2 All ER 446, held that the courts have a residual power to enforce the fundamental purpose of the law which is to keep law and order, and that there is an offence known as conspiracy to corrupt public morals.
This judgement was upheld by the English Court of Appeal in DPP v Whyte (1972) AC 849, where it held that the court is duty bound to conserve safety and order, as well as the moral welfare of the state.
Thus, going by the astute provisions of the Criminal Code and the stand of the court on the issue, there is no doubt that many a student would spend at least half of his/ her academic calendar anguishing in gaol due to the lackadaisical attitude of the Nigerian youth towards the issue.
This writer would therefore like to sound a timeous note of warning to anyone who is guilty of this unwholesome attitude to beware, for a day of reckoning is coming when we will be to account for our deeds and misdeeds on this planet.
A student of Babcock University, Ilishan, Ogun State, “Miss Y”, was found in a trending sex tape which surfaced on online on Wednesday, 21/11/2019. According to the University, the lady was a third-year student of the Accounting Department.
Well, the University (a Christian co-educational Nigerian University owned and operated by the Seventh-day Adventist Church in Nigeria) confirmed the expulsion of the young lady and also confirmed that her partner had been earlier expelled in February, 2019 for various acts of misconduct. Interestingly, it was said that, according to her written statement, the immoral event took place at St. Bridget Hospital, Abeokuta, Ogun State, where the boy has been undergoing rehabilitation for “different destructive addictions”.
From the University’s report, she was expelled from the University after due process was followed, for violation of the University’s rules and regulations. More so, the written statement mentioned above is a pointer to the fact that some hearing took place.
Nature of relationship between a university and a student
What is the nature of the relationship between a university and a student? In the famous case of Garba v. University of Maiduguri [1986] 1 NWLR (Pt.18) 550, the great late Chief FRA Williams SAN had argued that, essentially, the relationship between a university and every student is based on contract. The university in question here was the University of Maiduguri (UNIMAID), a Federal Government institution, established by the University of Maiduguri Act. Late Chief referred to a number of authorities in support of his position including Notes by Professor H.W.R. Wade in 85 L.Q.R. 46 captioned “Judicial Control of Universities” and later in 90 L.Q.R. 157158 quoting Lord Devlin’s Report on the sit-in strike of students at Cambridge University which, inter alia, reads:
“Contract is the foundation of most domestic or internal systems of discipline. The power to discipline should be inferred from the acceptance of it in the contract of matriculation.”
The Supreme Court of Nigeria however rejected Chief William’s argument holding (in agreement with Late Chief Gani Fawehinmi – Counsel to the students) that the relationship between the students of UNIMAID in that case was principally statutory and not contractual; and that under Section 2 (1)(i) of the University of Maiduguri Act, the students were in fact members of the University.
More so, the Court held that the suit instituted by the students in that case was hinged on a constitutional provision (and not solely on contract) in that the students prayed the Court to declare that their expulsion from UNIMAID constitutes a violation of their fundamental rights to fair hearing. Their expulsion was sequel to the riotous behaviour of about 500 students in the University at the time.
Now, Babcock University is a private institution not created by statute. Thus, the relationship between the students and the University cannot be said to be statutory. It is safe to conclude that same is purely contractual. It also follows that the power of the University to discipline the young lady flows from that contract. Miss Y must have made an undertaking, both written and implied, to be of good conduct and not to indulge in any conduct that is capable of tarnishing the image of the University. She is bound.
Is engaging in private sex capable of tarnishing the image of the University?
Sex is a private affair that is hardly ever consummated in the open. Even the laws of the country do not criminalise fornication between two consenting adults. Casual sex/fornication is purely an immoral conduct and a sin properly so described in the Holy Books especially the Bible. The University may freely make it part of their rules and regulations that no student, especially unmarried students, must engage in sexual activity within the University premises. The students are bound to abide and put their youthful exuberance into check. However, if there is any rule stating that no student is allowed to have sex even outside the University, then that would be nearly impossible to enforce for being nearly an overzealous bargain.
A group of women had come visiting. The women, most of them, Choristers came from the Cathedral Of The Transfiguration Of The Lord, (CATOL), Anglican Communion, Owerri. They came to rejoice with one of their own, Hon. Justice Chioma Nwosu-Iheme, PhD, who had just come back from the Lion’s den. In her words she came out from the land of the dead.
So, the women came to celebrate with her and her family, to praise God for His mercies and protection.
Nwosu-Iheme, is CATOL’s parishioner.
From the gate to her residence in Owerri, the women ushered themselves into her living room, heartily singing, and dancing to a popular Church victory song: “He (God) has given us victory, we will lift Him Higher, Jehovah, we will lift Him higher”
As they entered, everybody in the house, including Nwosu-Iheme and her doting husband, stood up, and sang and danced along. It was like a dancing competition, with hands and eyes lifted unti God. For about 25 minutes, Church songs, one after the other held away. The praise songs, and the dancing, were apt.
For two weeks, Nwosu-Iheme’s house was so quiet that the drop of a pin would be heard. It was a house in mourning. The mother and the rock of the house has been abducted, her fate unknown.
Nkwerre, her maiden and marital community, fared no better. The town was like one big mourning home. Their influential Traditional Ruler, the Eshi of Nkwerre, declared days of fasting. The women decided to bring out their wrappers for sale. The proceeds was to be their contribution to the demands of her abductors. They had also prepared for war. They set a date to march to, and on the Government House, Owerri. The Eshi prevailed on them to wait. Rich, Nkwerre young men were rearing to go. The Church was also hit.
The Dioceses of Nkwerre and Owerri declared prayers and fasting. At the Synod of Egbu Diocese, the Bishop, The Rt. Rev. Geoffrey Okorafor, made her ordeal a prayer point. The Judiciary, her constituency, was not left behind. The National President of the Nigeria Bar Association, NBA, Paul Usoro, SAN, issued a strongly-worded statement, deriding and decrying her abduction. Both the Edo and Imo branches of the NBA boycotted the Courts for days, in protest.
Justice Chioma Nwosu-Iheme was abducted inside Benin City, around 11.30am, on October 30, not along the Benin- Agbor road as was reported in the media.
For four days, her abductors made no contact with her family or anybody. On the 5th day, they did, and named their price.
And negotiations began
Days ran into two weeks. The negotiation went back on forth. An agreement was reached. On the 13th day, they called for the ransom money to be delivered. They promised to release her that night, somewhere, in Benin. It didn’t happen. And they made no other contact.
But on the 14th day, late evening, Her Lordship’s voice was the sweetest heard by her family in decades of her being wife and mom.
She called from the Protea Hotel, Benin City, to say she has been released; that she was free, and safe.
The CATOL women who came visiting just wanted to see her. To thank God. To pray with, and for her. And to hear her voice, even one word, one sentence.
They got more than they bargained for. They heard the story of her ordeal, why, and how she was abducted.
At some point, a number of the women became emotional. And so did Nwosu-Iheme, especially, when she spoke about her Police Orderly of 12 years, an Inspector. Her voice cracked. Tears rolled down her cheeks. “He was my friend, my kid brother, my Chief Security Officer. He was different. An honest police officer. He lived with me for 12 years. For those 12 years, he protected me with his skin. And finally, he gave his life for me. As long as I live , as long as my family members live, his family will never suffer. His six children will go to any school of their choice, to any level. That’s a promise we, as a family, have made to God.”
Following, is Hon Justice Chioma Nwosu-Iheme’s story.
Abduction, Not Pre-planned. She Ran Into Her Abductors
Justice Nwosu-Iheme’s abduction shocked Nigerians and the International community. Nigeria’s first female Judge to have a PhD, reputed for her fearlessness and no-nonsense stand on issues, she had handled many sensitive cases, including the notorious ‘Otokoto case’. At a very young age, she fearlessly, took on the case which had been rejected by a couple of other Judges. The fear when she was abducted was: Who dunnit?
Of the Appeal Court Division, Benin, she was presiding over appeal cases emanating from the 2019 General election at the time of her abduction. So, was she kidnapped because of the cases the Court was handling and/or had handled – Political or otherwise?
But she rubbished such fears and thoughts. The Appeal Court, unlike the High Court, is not a-one man show. Usually, three Judges sit on an Appeal.
Her abduction was not pre-planned, she emphasized. She was at the right place at the wrong time.
Done with her duties in Benin,the Judge was on her way to Owerri when the unfortunate incident amazingly took place inside Benin City.
The abduction scene was a stretch of bad road in the city. Every motorist usually slowed down there. As her car was approaching the spot, there were “uniformed policemen” there. Well-kitted, they packed their double-decked Hilux vehicle, stood-by, AK 47 guns in hand.
They were kidnappers. She didn’t know. Nobody knew. They had already, earlier, kidnapped four people, including, mother and daughter. There was, also, a young ex-FUTO student, an engineer, who wept like a baby as soon as she recognised Nwosu-Iheme. He was classmates with her son at FUTO. The Judge was in the habit of feeding all of them fat, and giving them pocket money each time they visited.
The Kidnappers were waiting to kidnap more people when Her Lordship’s SUV, bearing an FG plate number and Judiciary, approached. They saw a Policeman sitting in front, and knew that whoever must have a kidnap value. They smiled, and readied themselves for action.
As her vehicle slowed down, they saluted her. She raised her hand and took their compliments. That was when they struck.
Before she brought down the hand she had just used to take the compliments, a volley of gun shots rained. Confused, she wondered where the shots came from. Momentarily, she relaxed, thinking she was in the midst of Policemen. But, instinctively, she bent her head down. And so did her Orderly, or so she thought. She didn’t know that he had been fatally shot. He was wearing a bullet proof vest. They knew and, so, aimed at his forehead.
Before she could comprehend what was happening, scores of bullets rained again, this time, shattering her car’s two back tyres.
She told her driver to drive on. Since it was in the city, broad day light, she thought, an intervention would come. None came.
She said she had two options: To feign she was dead, or to allow them take her. She discarded the former. If she feigned she was dead, they may in anger, for losing a high profile price, pump bullets into her. She opted to be brought out from the car, and put in the Hilux. That was where she met the others earlier kidnapped.
Six men, wearing Police uniform did the job.
“I was not a target. I was not trailed. Nobody double-crossed my car. I was not on the Benin-Agbor road. It was in Benin city. I ran into them. Four people had been kidnapped before me. If I had delayed anywhere by 20 minutes, that would have saved us. They would have driven off before our arrival”.
The Joy Of The Kidnappers
As soon as they put her in the hilux, the first thing they did was to grab her wrist watch. They looked at it, they screamed. Their joy knew no bounds. These guys knew the make. Then, they grabbed her rings and her bangles, and screamed some more. They went back to her car, took her hand bag, saw the quality, and knew they had hit a jackpot. Then, they went back and grabbed her suit case. They took their time. Yet, the thousands of Security personnel in Benin – Military, Police, Civil Defence, Para- military – were nowhere near! God has buttered their bread, the abductors exclaimed. They, therefore, discarded the idea of waiting for some more victims. Justice Nwosu-Iheme was more than enough. They drove off, unconfronted. And this was inside Benin City!
They asked their five victims to bend down, as they drove on, just so nobody would see them and suspect anything. But there was no need. They knew their route. Until they got to their final destination, they met no military or police check-point.
Madam Justice, You Have Broken The Internet
Final destination was a house – completed, not uncompleted, as had been speculated.
By the next morning, they had known her identity, fully. Smart guys, they relied on the internet to follow reactions to their exploits of the previous day. The Social media provided that. It was awash with her very rich Curriculum Vitae. What they read gave them joy unlimited. A Judge of the Appeal Court. (They called it Appeal Supreme Court). Nigeria’s first female Judge to have a PhD. Well respected and regarded. Holds the key to a city in the USA. Dotting husband. Well behaved children – all lawyers, medical doctor, engineer. Had handled high profile sensitive cases. What else? The Social media had it all. So, they told her: “Madam Justice, you have broken the internet. We thank God for providing you for us. We are happy you are in our midst. After you, we will not embark on any other job for the next six months. God has blessed us with you in our midst”.
Once they confirmed her kidnap value, with the help of the Social Media, they knew they had to protect their high profile victim by all means.
So, they treated her with respect and reverence. She was neither blind-folded nor molested in anyway. For her sake, they extended same to the other abductees. Madam Justice, they called her. Atimes, with a bow.
They provided her with a new mattress. “Madam Justice, see it, it is a new mattress”. They brought new bedsheets, told her same thing, tore the covering water-proof open before her to prove it’s new. They brought new Ankara wrapper, and told her: “It is a new one, Madam Justice.” She was wearing a boo-boo when she was abducted. So, the wrapper came in- handy. She could, at least, use it to ward off mosquitoes. There was no light.
They provided drinking water, and with apologies, told her: “We are sorry. We don’t have bottled water here. We have pure water. Look at the label. It is a good one. We know you don’t drink it, but manage it. You use you teeth to tear it open.” I know, she told them.
Every morning, they would boil hot water for her to take her bath.
And, they regularly asked her what she wanted to eat. “There is bread, rice beans, yam, anything you want”. She rejected all. But was grateful for the pure water. It would help her to re-hydrate. She had a small cut on the forehead which was bleeding. When they noticed it, they quickly put a call through to their boss. He asked them to quickly stop the bleeding. When she complained “of cough,” they called their boss who asked them to urgently get her the best cough medicine. They did. But, she didn’t take it.
Her Most Difficult Days
When they bought a new mattress for her, she knew she would be with them for a long time. But the first one week was her most difficult. Water was her most delicious food.
Where Is My Orderly? Tell Me The Truth, Did You Kill My Orderly?
Her Orderly. Her Orderly. After four days, one of them became friendly with her. On the fifth day, she asked him, “Where is my Orderly. Please, tell me the truth. Did you kill my Orderly?”
He answered her in the negative. “No, we did not kill him. We only took his AK 47 gun from him”.
Nwosu-Iheme was happy. She said she wanted both of them to tell the story of their ordeal together.
But, the next day, she asked him again: ” Tell me the truth, did you kill my Orderly? The friendly kidnapper hesitated, and again denied. But She is a Judge. She understood. She broke down, and wept. For days, she wept non-stop, mourning her Orderly who she describes as the best.
Hon. Justice Nwosu – Iheme
But the other woman, who was earlier kidnapped, along with her daughter, scolded and consoled her both, at once. “Stop crying. Be consoled that you are alive. You will tell his family what happened. With the number of bullets fired at your car, it is a miracle you were not killed. So, stop”.
The remaining number of days she stayed with the kidnappers was a healing period for her to come to terms with the death of her Orderly. “I will miss her forever”, she says.
The Negotiation: They wanted Osinbajo’s Trader-moni
The negotiation for her release was long and tough. For the first four days, her abductors made no contact with her family. That almost killed them. Said her husband :”I was finished and walking on my head. I didn’t know what to tell our children, grown up as they are. I was very worried about them. My wife is very close to our children. Our grand children knew what happened, and were in tears , everyday. As for me, I was a finished man already.”
Then, the kidnappers called. They asked for a ransom of, wait for this, One Billion Naira! The haggling began. They came down to N500million. Every offer made was rejected. They said the Federal Government should bring the money. She told them she was not working for the FG, but the Judiciary. “Your car plate number bears FG”, they countered. Then, they told her that Vice President Osinbajo should pay them Trader-moni. President Buhari should order him to do so. When she told them it doesn’t work that way, they rained curses on both men. The day the NASS expressed concern over the new trend of abducting Judges, using her case as a peg, and asked for adequate protection for Judiciary officers, they called them useless people. “It is now that they know they need to protect them. Useless people”.
The Release Through A Tunnel And The Prayers With The Kidnappers
Finally, a compromise was reached. They called the family, Tuesday, guided them on what to do and told them she would be released somewhere in Benin, which would be communicated to them.
All through that Tuesday night, they did not communicate with the family. The whole of Wednesday morning and afternoon, nothing.
Night came, no calls. The family’s hope of a re-union they thought would be quick after “the settlement” was ebbing.
But the abductee said she knew she would be released that Wednesday. What she didn’t know was the time.
How: “They were happy. Very happy. And were anxious to move on. Every abductee, but one, had “done something”, except one boy. Even at that, they didn’t mind. They had enough to cover his. So, why waste time?
At the appointed time they brought the five of them out, asked them to sit down. Then, the abductors called for prayers – prayers for God’s protection as they depart. They asked their victims if they were shocked that they too pray. To support their behaviour, they quoted the Bible, and told the story of Saul, who persecuted Christians, no end, but later repented, and even became a Saint – St Paul.
The harrowing journey to freedom began. It was through a tunnel. To go through it, they all had to bend down, guided by their abductors. It was a long stretch. At a point, her strength failed. She had not eaten for days. But God intervened. She trudged on. When they got to the end of the tunnel, there was a steaming vehicle, waiting for them.
They entered, and drove off at a break- neck, suicidal speed. Fear gripped them. “They had their hearts in their stomach” What if a trailer crushed them? But God was in charge.
They gave them N2,000 each, for transportation, and dropped them in the middle of nowhere. Three roads confronted them. One to Lagos, another to Benin, and the other to another town. They told their victims motorcyclists usually took that route. So, they stood there.
Soon motorcyclists began to drive-by.
The Good Samaritan
Justice Nwosu-Iheme took the first one. She was wearing a boo-boo, not comfortable for such a ride “This is my first time of taking an Okada.Please, take it easy, she appealed. He asked what they were doing at that lonely stretch. She told him they were kidnap victims, and asked to be dropped where she could get a taxi.
The motorcyclist turned out to be the biblican good Samaritan. He refused to take money from her. “Madam, they kidnap you, you came out, and you wan pay me. No ma.” Good young man, he waited until a taxi, carrying no other passenger came. She insisted on being the only occupant in any taxi.
Nwosu-Iheme was so touched by the man’s kindness that she asked him to write his phone number somewhere for her.
“For your kindness to me, when I get back to my family alive, by the grace of God, you will not be an Okada rider again. I will help you in life”, she told the motorcyclist. She is sticking to that promise.
Free At Last
She asked the taxi driver to take her to Protea Hotel, Benin. At the reception, she begged the receptionist to use their phone. She remembered her husband’s phone number. His youngest son, the negotiator, who suddenly became the voice of the family picked the call. When he heard his mother’s voice, he screamed: “Daddy, she is alive, she is free”.
Is She Bitter?
Not quite. But she is human. The killing of her Police Orderly is too much for her. It’s like a sore on the palm. She shudders each time she remembers him. And, it is often. Her Orderly’s family members were worried about her, knowing how close they were. On her way back to Owerri the day after her release, she went to the Police station where her bullet-riddled car was parked. She wanted to look at the car where her Orderly died, for the last time.
She attributed the fate that befell her to God’s wish, her destiny. God wanted to strengthen me, to show me His face and His love for me.
I owe Him. I will thank Him everyday of my life. It is thanksgiving to Him everyday.
“I love my job. And I love my country. I was appointed a Judge at a very young age. I have kept clean hands. I have never seen black and called it white. I have never seen white and called it black. In the shadows if death, I sang to God, I asked Him to judge me by my actions. God saw my heart, and saved me from the clutches of death. I appreciate Him.
May God bless our country. May God’s name be praised “.
This is the second time the family would go through this harrowing experience. A couple of years back, one of her twin sons was kidnapped in Owerri.
Torture is the intentional infliction of mental or physical pain/suffering on a person ignorer to obtain information/confession, or punish, intimidate and force him or a third party.
Torture includes; beatings, food deprivation, rubbing of pepper/chemicals, assuming of stressful bodily positions, rape, exposure to cold/sunlight, use of drugs, blindfolding, threat, prolonged interrogation, unscheduled transfer of persons, secret detention, denial of sleep, shaming, stripping naked and parading in public places. There is no justification for torture, not even war, national security or high profile case.
Any person that witnesses or is present when torture is being conducted is as liable as the person that conducted torture. He is deemed as having participated in torture. This applies to any person; military, para-military or civilian. The punishment for torture is imprisonment for not more than 25 years and there is no option for fine.
My authorities are sections 2, 8(1) and 14 of the Anti-Torture Act, 2017 and section 35 of the Constitution of the Federal Republic of Nigeria, 1999.
My authorities are sections 2, 8(4) and 14 of the Anti-Torture Act, 2017 and section 35 of the Constitution of the Federal Republic of Nigeria, 1999.
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