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Does State Security Service (SSS) Have Powers to Profile and Vet Nigerians?

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Daily Law Tips (Tip 466)

By Onyekachi Umah

Security agencies are created by law and their powers are spelt out by law. No security agency is allowed to go outside its powers and rights. The State Security Services (SSS) also nicknamed Department of Security Service (DSS) was created by the National Security Agencies Act, 1986. State Security Services was created to detect and prevent crimes within Nigeria that may threaten national security of Nigeria. It also has powers to protect and preserve non-militray classified matters concerning internal national security of Nigeria.

Aside the law that created the SSS, later in 1999, the Military Government through Instrument No. 1 of 1999, expanded and specifically listed the functions of SSS, to include;

A. Prevention, detection and investigation of:
1. Threat of Espionage;
2. Threat of Subversion;
3. Threat of Sabotage;
4. Economic crimes of national security dimension;
5. Terrorist activities;
6. Separatist agitations and inter-group conflicts;
7. Threat to law and order

B. Vetting of:
1. Prospective appointees to public offices;
2. Vital and sensitive corporate organizations before their incorporation in Nigeria and continuous covert monitoring of their activities to ensure that they are in line with national security interest;
3. Applicants for Nigerian nationalization and naturalization in Nigeria;

C. Provision of timely advice to Government on all  
       matters of National security interest; and

D. Profiling etc.

My authorities are sections 1, 2(3) and 8 of National Security Agencies Act 1986 and Instrument No. 1 of 1999.

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Sacking your lawyer: Costly mistake you should never make

Nature of lawyer-client relationship

Lawyer-client relationship is a relationship that has at least three natures. Firstly, the relationship is contractual in that it is a product of contract whereby a client seeks the services of a lawyer in exchange for payment of professional fees. Thus, the contractual relationship is governed by established principles of Contract Law. Secondly, the relationship is fiduciary in that the lawyer stands in a position of trust when dealing with his or her client; and the client relies on the lawyer for reliable legal advice to guide the client’s decisions. The Rules of Professional Conduct mandates that the lawyer act professionally at all times, avoiding conflict of interest, and advances, to the best of his or her ability, the cause of the client. The lawyer is expected to maintain lawyer-client privilege by treating the client’s information in strict confidence. Thirdly, lawyer-client relationship may also translate to an agency relationship – the lawyer as the agent of his or her client, the principal. The law is that acts of a lawyer on behalf of the client are the same as the acts of the client. In many cases, lawyers enjoy express power of attorney to deal with some specific instruction as seen in the case discussed later in this piece.

Terminating your lawyer’s instruction

Every client reserves the right to terminate a lawyer’s instruction and the contract of engagement at any time, subject to the terms of the contract and meeting with every outstanding obligation, especially as it relates to payment of professional fees. Steps involved in terminating a lawyer’s instruction (after thorough consideration of relevant factors) include officially serving the notice of termination (which may be by simple letter) communicating the decision of the client to disengage the lawyer. Other prior steps include ensuring that the termination is not ill-timed. More so, additional costs of engaging another lawyer, if necessary, must be considered as the erstwhile lawyer is not obliged to refund fees already earned.

Ordinarily, serving the notice of termination is all that is required as the client may opt to instruct another lawyer or proceed further as the client deems fit.

Nevertheless, in certain circumstances (as we shall soon see), there may be need to notify third parties of the client’s decision to terminate the lawyer’s engagement. In doing this, all that is required is a simple notice informing the third party of nothing other than that the lawyer has been disengaged and that the lawyer no longer acts for the client. In deserving cases, instruct the incoming lawyer to write directly or to draft same on your behalf.

If the client feels seriously offended by the lawyer, necessitating the termination, the client has a number of options including instituting an action against the lawyer or submitting a petition against the lawyer at the Nigerian Bar Association for onward prosecution by the Legal Practitioners Disciplinary Committee.

Making any careless statement or unsubstantiated claims when communicating with third parties regarding the termination of the lawyer may expose one to heavy liability. This is one mistake a client must never make. The case of Omon & Ors v. Ekpa [2019] 15 NWLR (Pt. 1696) 504 presents an interesting scenario.

Read more: https://stephenlegal.ng/sacking-your-lawyer-costly-mistake-you-should-never-make/

Here are aspects of the social media bill you should absolutely worry about

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By Jude Egbas

Here are a few clauses in the proposed social media bill that has got some Nigerians really worried.

Senator Muhammad Sani Musa’s ‘Protection from internet falsehoods and manipulation and other related matters bill 2019’, popularly referred to as the social media bill, has generated quite some controversy and debate since it scaled second reading on the floor of the red chamber.

The bill contains 36 clauses altogether and we’ve got to admit that it was poorly written.

Pulse has taken the time to go through the lengthy document on your behalf. And since no one intends to bore you with all that legalese and not-so-fluid writing, we’ve highlighted some of the more germane clauses below for your awareness.

What is this bill really about?

There’s a footnote in the document that reads as follows:

“This Act is to prevent Falsehoods and Manipulations in Internet transmission and correspondences in Nigeria. To suppress falsehoods and manipulations and counter the effects of such communication and transmissions and to sanction offenders with a view to encouraging and enhancing transparency by Social Media Platforms using the internet correspondences.”

Among the bill’s aims and objectives are the following words:

“To prevent the transmission of false statements/declaration of facts in Nigeria and to enable measures to be taken to counter the effects of such transmission; to suppress the financing, promotion and other support of online locations that repeatedly transmit false statements/declaration of facts in Nigeria.”

In simpler language, this is a bill that seeks to check the spread of falsehood, fake news and regulate the social media space as we know it, in defense of national security.

Let’s proceed with some of the clauses and punishment for offenders.

Transmission of false statement of facts

(1) A person must not do any act in or outside Nigeria in order to transmit in Nigeria a statement knowing or having reason to believe that :-

(a) the transmission of the statements in Nigeria is likely to :-

(i) be prejudicial to the security of Nigeria or any part of Nigeria;

(ii) Be prejudicial to public health, public safety, public tranquility or public finances;

(iii) Be prejudicial to the friendly relations of Nigeria with other countries;

(iv) influence the outcome of an election to any office in a general election or a referendum;

(v) incite feelings of enmity, hatred directed to a person or ill‑will between different groups of persons; or

(vi) diminish public confidence in the performance of any duty or function of, or in the exercise of any power by the government.

This clause applies where :-

(a) a person that is an internet intermediary fails to comply with a Part 4 Regulation or Remedial Order; (b) the subject material is being transmitted in Nigeria on an online location; and

Sani Musa's bill has caused quite the controversy in Nigeria (Faces International)

Sani Musa’s bill has caused quite the controversy in Nigeria (Faces International)

(2) Subject to subClause (3), a person who contravenes subClause (1) shall be guilty of an offence and shall be liable on conviction :- (a) in the case of an individual, to a fine not exceeding N300,000 or to imprisonment for a term not exceeding 3 years or to both; or

(b) in any other case, to a fine not exceeding N10 Million.

(b) Where an inauthentic online account or a bot is used :-

(a) to transmit in Nigeria the statements mentioned in subClause (1); and

(b) for the purpose of accelerating such transmission, the person is guilty of an offence under that subClause, shall be liable on conviction –

The President of the Senate, Ahmad Lawan and the Deputy President of the Senate, Ovie Omo-Agege during plenary  [Twitter/@OvieOmoAgege]

The President of the Senate, Ahmad Lawan and the Deputy President of the Senate, Ovie Omo-Agege during plenary [Twitter/@OvieOmoAgege]

(c) in the case of an individual, to a fine not exceeding N300,000 or to imprisonment for a term not

exceeding 3 years or to both.

Your internet service provider could also be in trouble

(1) A person must not, whether in or outside Nigeria, make or alter a bot with the intention of :-

(a) transmitting, by means of the bot, a false statements of fact in Nigeria;

or (b) this clause applies where :-

(a) a person that is an internet intermediary fails to comply with a Part 4 Regulation or Remedial Order;

(b) the subject material is being transmitted in Nigeria on an online location; and

(c) the Law Enforcement Department is satisfied that one or more end‑users in Nigeria have used or are using the services of an internet access service provider to access that online location.

(2) Law Enforcement Department may direct the NCC to order the internet access service provider to take reasonable steps to disable access by end‑users in Nigeria to the online location called in this Clause an access blocking order), and the NCC must give the internet access service provider an access blocking order.

The Nigerian Senate in session [naijapolity]

The Nigerian Senate in session [naijapolity]

(3) An internet access service provider that does not comply with an access blocking order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding N1 million for each day during any part of which that order is not fully complied with, up to a total of N10 million.

(2) A person who contravenes subClause (1) shall be guilty of an offence and shall be liable on conviction :-

(a) in the case of an individual, to a fine not exceeding N200,000 or to imprisonment for a term not exceeding 3 years or to both; or

(b) in any other case, to a fine not exceeding N5 million.

Credit: Pulse.ng

https://www.pulse.ng/news/local/aspects-of-social-media-bill-you-should-worry-about/n3wfk5k?utm_source=newsletter&utm_medium=email&utm_campaign=daily-2019-11-26&__sta=vhg.hhksexasuqlmsoghqqsl0l%7CIUJI&__stm_medium=email&__stm_source=smartech

The Fight for and Against the Nigeria’s Social Media Bill

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By Samuel Nwite 

The Federal Government of Nigeria has intensified its determination to control social media. Yesterday, the news came that the bill known as the Protection from Internet Falsehood and Manipulation Bill 2019 has scaled second reading in the National Assembly.

The sponsor of the bill, Senator Sani Musa, and those who stand by it claim it’s time such a regulation comes into play in Nigeria for the sake of national peace and security in the country.

Apart from the social media bill, there is also the Prohibition of Hate Speech Bill sponsored by Senator Sabi Abdullai. Each of these bills is seeking to control free speech and how Nigerians react to issues.

Read more: https://www.tekedia.com/the-fight-for-and-against-the-nigerias-social-media-bill/

Social Media Bill: Short walk to totalitarianism?

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By Matthew Hassan Kukah

I have consistently tried to create levels of differentiation between democracy and dictatorship, especially dictatorships of the military variant as we have had in our country. I have argued that Nigeria is still very far away from the goal posts of what could be called a democratic society. In my view, the environment does not as yet look anything democratic because the actors are largely strangers to the ethos and what is more, too many of them are tied to the old order, not to talk of the fact that the presence of General-presidents suggest that we are still in the thrall of militarism.

Democracy thrives on debate, consensus building, negotiation, persuasion, argumentation, rule of law, process, and inclusion. The military thrives in a coup culture, secrecy, betrayal, violence, command structure, exclusion and lack of transparency. That explains why I have always warned against describing the current charade of violent elections as democracy.

I have illustrated on several occasions that many among us arrived at Democracy’s altar by parachutes, funded by moneybags, cliques and cults. It is therefore no surprise that we have seen no difference from those who claim to be democrats in terms of the strong-arm tactics that we associated with a militarized environment. Our ‘democrats’ have had no problems with what Noam Chomsky would refer to as resorting to manufactured consent when it comes to elections. They have rented the same crowds, contrived the same outcomes as the old order, seducing the people by bribery rather than persuasion and debate.

Like the false feathers of Icarus, every day, the drama of the fraud called democracy is re-enacted as the masks occasionally fall off and we see the real face of fascism that hides behind it all. When they sense that we want to test their mandate through closely monitored elections, they threaten that we will receive either coffins or body bags in return. Every day, the evidence is before us suggesting clearly that, in the mind of those to whom we have entrusted our future, democracy is merely a heuristic device to perpetuate their grip on power, a bad portfolio investment that fears scrutiny. All the State Assemblies, at best glorified cemeteries of silence inhabited by puppets, are cowed to silence and submission as they munch their crumbs.

The recent outrage by the Minister of Information, Mr. Lai Mohammed over public reaction to the Social Media Bill, is illustrative of the point I am making that not all who call themselves democrats appreciate the enormous burden that goes with the claim today. The minister has used some rather harsh and divisive words that suggest some contempt for the voices and views of those whose labours and sacrifices brought him and his government to where they are. His language is disrespectful, appalling and illustrative of the highhandedness that suggests that we are not in a democracy. The language is as intolerant as it is alienating. The Minister says that no amount of threat, blackmail etc will dissuade the government from going ahead with the social mediabill because it is borne out of patriotism. Really?

There are many questions begging for answers here. Is this the language of people who understand or have really imbibed and internalized the spirit and fine principles of democracy? If we must do your will or face the wrath of government, then, this suggests two things: First, we must obey you and government because we are subservient to you and government. We must be answerable to you not the other way round. We must, because if we don’t, we can be penalized by imprisonment for daring to question its wisdom or seek to have an input in a law that concerns us. When did we surrender our rights and voices to government if we are not heading to totalitarian rule? It looks like and smells like it. Is Mr. Mohammed a lawyer who is a politician or a politician who is a lawyer? In an ideal situation, the former should reinforce the latter.

At this point, I would rather side with President Muhammadu Buhari who has been far more honest about his deficient democratic credentials. I have heard the president on at least three occasions complain that democracy is definitely not his strong jacket. To him, democracy is an irritant, a nuisance that he is compelled to live with. To paraphrase the President: ‘When I was a military man, I arrested all the thieves and put them in protective custody. I asked them to go and prove their innocence. Now, I have been told that even though I can see the thieves, I cannot arrest them. I must take them to court and prove that they are guilty.’

I admire the fact that the president has illustrated that his conversion to democracy was not like Paul on the road to Damascus. His tentative conversion to democracy did not come with a confession of his sins (of staging a coup), a promise not to do that again and then a plea for absolution and the acceptance of the required penance! In honesty, the president says he prefers to work with ‘those he knows, not those who know’, so we can forgive him. But notothers.

Mr Mohammed has climbed a moral high horse, claiming that he is motivated by higher and noble values of protecting the rest of us from a hovering scarecrow of evil, the social media. This is a low level fence erected to hide the construction of a wall of tyranny, fascism and totalitarianism. All tyrants and fascists started with the most noble of intentions, composing panegyric lullabies in praise of patriotism. But, as the old saying goes, patriotism is often the last refuge of scoundrels. Sooner than later, they will start the witch-hunt. This is why the radical American intellectual and activist, Lillian Hellman, who lived under the witch hunting era of McCarthyism, titled her memoirs, ‘Scoundrel Time!’

To be sure, there is no one, including myself, who is not aware of the dangers posed by the social media. We have all been victims. However, should the government wish to address this matter legally and openly, why should they be afraid of a public debate? It is desirable that we address the social media by way of education, open debate and transfer of knowledge. When did the social media become sinister in the eyes of the government? Is it after the same government used it that they now realise that it was good for them then, but bad for the rest of us now?

No citizen should be compelled to obey bad laws. Patriotism is not a commodity of exchange. I have lived long in this country, been engaged long enough to know that the degree of patriotism of office holders is often in direct proportion to the opportunities that they have. Today’s Buhariphiles will develop Buhariphobia when they lose their position. Against the backdrop of the rumours and whispers about term limits, do we know where this is going?

Finally, we must all concede that technology is here to stay. All we can do is to try to make it work for us. Like their explorer grandfathers before them, both Mark Zuckerberg (Facebook) and Jack Dorsey (Twitter) have shone their light. They know what they have seen in Nigeria and Mr. Dorsey says he plans a longer stay in future.They have seen opportunity in an incredibly energetic and brilliant youth and they are prepared to pour investment into them. What do those who govern us see? Afraid of their shadows, they see in their own Youth, trouble and threats to the quicksand into which they have buried their selfish ambitions. They want to kill these dreams by thinking of a Bill to protect us from Hate speech and so on.

There is absolutely no doubt that we face a difficult future with what to do with the social media. A people so badly governed will use anything to express their frustration and sadly, this is what makes us all victims of hate speech. The greatest expression of hate is those who use the power in their hands to divide us by favouring or excluding others based on religion, gender, political affiliation or social class. They are the real reason why our people have remained diminished.

It is a measure of who we are and the premium we place on life that anyone would dream of suggesting a death sentence for the propagation of Hate speech. Surely, unscrupulous and immoral theft of humungous resources belonging to all of us by our politicians is more damaging to our society than any Hate speech. It is like comparing saliva and a dam. A clear conscience fears no accusation. Technology, developed by humans, still has inbuilt safety valves that will enable it to correct itself. Threats, arm-twisting or raw bravado will not do. Edward Snowden has shown that the builders of terror can always pull back. It is inefficiency and political corruption that creates the conditions for the social Media to thrive not lack of patriotism.

The ultimate goal of this Bill is not to punish those who offend, but those who offend government or those in government. Again, here, we have to fall back on the president’s sense of honesty. When he promulgated Decree 2, the focus was to punish journalists who made public officers uncomfortable. Again, on this note, the President has not changed his mind set at all. Therefore, when the sponsors of this Bill claim that it is for our own good, they are borrowing our mouths to eat onions. If the government gets away with it, we have no idea what else will be on the table. Only a robust debate can cure the claims of cynicism.

The Government has all the laws it needs to fight any form of crime and individuals can fall back on it. This Bill is redundant, stale, superfluous and a fraud. We must fight it with all our energy. It is rotten yoghurt being marketed beyond its expiration date. We should reject it as a totalitarian attempt to circumscribe our hard earned freedom.

Kukah is theCatholic Bishop of Sokoto Diocese

National Women Dialogue Demand Safe Nigeria

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Nigerian women are breaking the silence of decades and demanding a safe country as they converge in Abuja for The National Women Dialogue tagged #Womanifesto.

Convened by coalition of Feminists and Women Rights Activists, the 3-day National Women Dialogue according to Team Convener, Dr Abiola Akinyode-Afolabi, welcoming participants noted, “became necessary as a result of recent developments in the country”.

According to Akiyode-Afolabi, Nigerian women had previously in 2005, developed a Charter called 10-point agenda, to canvass for various needs at every available fora but a shift from this approach became necessary due to new happenings from 2018.

“We realised that yes, we have made progress but yet, we were not close in anyway to where we are supposed to be. The system was not okay for us and there was a need for us to put our voices together to make it stronger to be able to engage in an event as it is today.

A cross section of participants

” There was a dire need for us to review our 2005 demands and come up with stronger demands”, she pointed out.

Abiola explained that the Feminists and women rights activists have realised the need to close gaps and build stronger one voice in a unified movement “otherwise we won’t be able to address our issues.”

The National Dialogue she noted will touch six critical areas of violence against women and girls, women in peace and security. sexual reproductive health and rights as well as touch on issues of women in economy amongst other critical areas of Political lives.

Also addressing the gathering in his opening key remark, First Lady of Ekiti State, Erelu Bisi Fayemi described the Nigeria the women want as “a safe place everyone else would like to live in”.

The Erelu in a strong laden voice reeled out what bond the Nigerian women share in common saying:

H.E. Erelu Bisi Fayemi delivering Chairperson’s opening remark

We are tired of saying the same thing over and over againWe are tired of nursing our raped and battered children back to healthWe are tired of mourning our sisters beaten to death by their spousesWe are tired of searching for our children who have been snatched away from our arms and have not returnedWe are tired of singing, dancing and clapping for political leaders only to end upwith nothing to show for itWe are tired of not being able to go to our farms for fear of being rapedWe are tired of being tortured and dispossessed when our husbands dieWe are tired of watching our sisters die while giving birthWe are tired of living in such poverty and desperation that we resort to the only tools we have to surviveWe are tired of being harassed, intimidated and even burnt alive because we dared to raise our voicesWe are tired of sex for grades, sex for jobs, sex for food, sex for appointmentsWe are tired of seeing the driver, gateman, Teacher, Policeman, Politician, BankManager, University Lecturer, Pastor, Imam, Traditional ruler all go scot freewhen they rape us or our children. In the famous words of the civil rights activist Fannie Lou Hammer, we are sickand tired of being sick and tired.

Credit: http://healthstyle.plus/national-women-dialogue-demand-safe-nigeria/

FIDA calls for stiffer punishment against perpetrators as FG launches Sexual Offenders’ Register

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The International Federation of Women Lawyers (FIDA) has called on federal government to put in place mechanisms that will ensure firmer sanctions against sexual offenders and other gender violators.

Focusing on rape as its theme for this year’s 16 days of Activism against Gender Based Violence, FIDA said quick proactive steps must be taken in the reform of our criminal justice system to ensure speedy investigation and prosecution of offenders.

Meanwhile, with the launch of its first national sexual offenders’ register, Nigeria has set the tone for this year’s 16 Days of Activism Against Gender-Based Violence. The “Sexual Offender Register” will contain names of all those prosecuted for sexual violence since 2015.

National Sex Offenders Register launched

Read More At https://nollywoodalive.com/first-national-sex-offenders-register-launched-in-nigeria-busola-dakolo-and-other-nigerians-reacts/

According to the United Nations Children’s Fund (UNICEF), one in four Nigerian women would have been sexually abused before she turns 18; with many sexual abuse cases in the country never making its way to the courts.

At the recent launch in the capital city of, Abuja, Sadiya Farouq, Minister for Humanitarian Affairs, said “the register will serve as a strategy to stop those engaged in violence against women.” She added that a humanitarian and security crisis in northeast Nigeria caused by a decade-long armed campaign had seen a rise in cases of sexual abuse which needed to be addressed. The register will be available online to better help the public, state bodies and police conduct background checks and identify repeat offenders.

Honourable Minister of Humanitarian Affairs, Disaster Management & Social Development, Hajiya Sadiya Umar Farouq

Also, the Abuja branch of FIDA has called on stakeholders in the capital city to assist in curbing the scourge of sexual and gender-based violence. The association made the call during its awareness walk to mark the commencement of the 16 Days Activism Against Gender-Based Violence, an international campaign to challenge violence against women and girls.

Members of FIDA Abuja on advocacy campaign at Utako Market, Abuja

Chairperson of the branch, Mrs. Rachael Adejo-Andrew, said the awareness walk and the entire 16 days programmes line up became necessary given the increasing effects of sexual and gender-based violence in the country.

She mentioned a fresh case being handled by the branch where a 70-year-old grandfather allegedly defiled a three-year-old girl in one of the communities. Adejo-Andrew posited that the culture of silence has fuelled the scourge adding activities lined up for the 16 days include a visit to the FCT Commissioner of Police to ensure that the police are on board in the investigation of gender-based violence. She disclosed that traditional leaders and the council chairmen of all the six area councils would also be visited to engage with them. Selected places of worship, motor parks and market places are also some of the places she said the association would visit to create awareness on the effect of sexual and gender-based violence.

Earlier the national body of the association, FIDA Nigeria in a press statement urged the Federal government to put in place necessary and appropriate mechanisms, facilities and processes to ensure safe spaces for victims and survivors of Gender Based Violence, particularly victims of rape. The statement signed by, FIDA Country Vice President/National President, Rhoda Prevail Tyoden and its National Publicity Secretary, Eliana Martins reads:

“We stand tall and strong today, the 25th of November 2019, the International Day of the Elimination of Violence Against Women as we kick off our 16 days of Activism against Gender Based Violence, carrying out advocacy on the Theme “Orange the World: Generation Equality Stands against Rape!”; And will be rounding up activities on the 10th of December 2019, which is commemorated as Human Rights Day.

“This year’s theme focuses on Rape because of the high rate of rape cases reported all over affecting all categories and ages of women and Children. According to UNWomen, 35 percent of women worldwide have experienced physical and/or sexual violence in their lifetime while 11 percent of Nigerian women have experienced physical and/or sexual violence by an intimate partner in the last twelve months; therefore this theme is most relevant now.

“We note the reported cases of Rape, defilement and violence not to mention the numerous incidents which go unreported for reasons such as the culture of silence, the stigmatization of survivors, the fear of intimidation and so forth.

“FIDA Nigeria based on these overwhelming reports and data, has played a paramount and active role, and even hosted the Secretariat of the Legislative Advocacy Coalition on Violence against Women (LACVAW), all to ensure the enactment of the Violence Against Persons Prohibition (VAPP) Act (2015) which in better details codifies the law, protects the victim and punishes the offender.

“FIDA strongly commends and celebrates the following states which have so far enacted the equivalent of the VAPP Act namely Lagos, Edo, Oyo, Anambra, Cross River, Ekiti, Kaduna, Enugu, Ebonyi, Adamawa and Benue states, while calling on the remaining States of the Federation to proceed with dispatch to Adopt and implement the VAPP Act (2015).

“The Violence Against Persons (Prohibition) Act, 2015, is a landmark legislation on the prohibition of all forms of violence against persons, especially the marginalized in Nigeria. It is a great improvement on the Criminal and Penal Codes operational in Southern and Northern Nigeria respectively. It covers various forms of violence such as emotional violence, psychological violence, verbal violence, physical violence, sexual violence and so forth.

“The Act has expanded the definition of rape to include different types of penetration on any gender without consent (Section 1 of the VAPP Act). The infraction of Section 1(1) of the VAPP Act is punishable with life imprisonment, Though Section 1(2) gives the judge a discretion to impose sentences less than life imprisonment depending on the circumstances. Worthy of note is the fact that the Act also provides for compensation of victims of rape, this was evidently absent in the previous laws.

“With FIDA’s unique composition of over 2,500 volunteer female lawyers in Nigeria, spread across 32 branches in Nigeria we are working at all levels towards the Elimination of Violence Against Women(VAW) because we recognize the multifarious nature of gender-based violence.

“Consequently, as part of our 16 days activism program we shall  be carrying out different programs such as legal clinics, activism march, advocacy visits, rallies, media and schools out reaches, sensitization and  mobilization programs, including capacity building programs for key stakeholders, community influencers, faith based organizations and other groups on the ills of VAW, the provisions and protections of the VAPP Act, while also advocating for its adoption to suit unique cultural and religious peculiarities or contexts. FIDA shall continue in strategic engagement and advocacy campaigns with other key influencers so as to effectively drive the process necessary for the adoption and effective implementation of the VAPP Law in all the States of the Federation.

“FIDA Nigeria therefore calls on all stakeholders to also play an active part in the sensitization, prevention, protection and enforcement to ensure the Elimination of these ills in our society. As we kick off, we call on all good meaning individuals, stakeholders and groups to join us, as we look into, speak out and take practical, effective, and proactive steps to eliminate all forms of Gender Based Violence in the country.

“All generations must stand together to fight this menace called ‘Rape’ and indeed all other forms of violence perpetuated on our women (our mothers, wives, daughters, sisters, cousins, nieces, wards, grandchildren etc.) whether young or old.

“We advocate that:

– The Federal government put in place necessary and appropriate mechanisms, facilities and processes to ensure safe spaces for victims and survivors of Gender Based Violence, particularly victims of rape.

– Quick proactive steps must be taken in the reform of our criminal justice system to ensure speedy investigation and prosecution of offenders.

– The different States of the Federation must fast track processes to adopt and implement the Administration of Criminal Justice Act (ACJA) (2015) to ensure speedy dispensation of criminal trials.

“FIDA calls on all to realize, appreciate and celebrate the role of the female gender in our society. Rape is rooted in a complex set of patriarchal beliefs, power and control. This must stop.

“Let us work together to instil confidence in the administration of criminal justice, work to remove the stigma attached to survivors, protect victims, while stopping the impunity of perpetuators and ensuring they are brought to justice. 

“FIDA Nigeria will continue to provide free legal representation and advice to survivors of Rape. FIDA Nigeria pledges to also provide legal representation for non- survivors of violence. It is absolutely necessary that the dignity of every human person especially that of the woman is respected. Accordingly all generations must rise up, speak out and do the needful to stop all forms of violence against women

“FIDA stands to promote, protect and preserve the rights of women and girls in society. FIDA says women who are victims of rape demand:

#AcceptanceNotRejection

#SupportNotOpposition

#EncouragementNotDiscouragement

#RespectNotRape

#VenerationNotViolation

#StopAllFormsOfViolenceAgainstWomen

#NoMeansNo

#OrangetheWorldStopGenderBasedViolence#GenerationEqualityStandsAgainstRape”

Notes on domestic violence and sexual exploitation in Nigeria

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By Dolapo Aina

This is a 2015 article but as Nigeria joins the rest of the world to mark the 16 days of activism against Gender-Based Violence it is worth reproducing.

According to the Oxford Advanced Learner’s dictionary; domestic violence is defined as violence between members of the same family. It can also be defined as violence that/which occurs in the home or can be referred to as a pattern of abusive behaviour between intimate partners. In Lagos, acts that constitute domestic violence include; physical abuse, emotional verbal and psychological abuse, economic abuse and exploitation, sexual exploitation including rape, incest and sexual assault, denial of basic education, intimidation, harassment, stalking, damage to property, deprivation, entry into complainants residence without consent where parties do share the same residence.

Domestic violence and abuse in its entirety is viewed somewhat as a controversial issue in Nigeria; not brought to the fore or talked about in the public domain. No thanks to the culture of pretence in the society. This piece would not tow that line or thinking of pretence which has permeated this society.

Now, domestic violence and abuse in Nigeria tends to be accompanied with the “it is a family affair and it is not my business or your business” rhetoric until the abused or abuser is fatally incapacitated or killed; as several reports tend to reveal. When one picks up some dailies with a social section or read some popular blogs; known for gossip news items; usually it is not out of place to come across domestic violence news items. When the “it is a family affair” rhetoric comes up; you tend to find that family members of the abused or abuser tend to hush-hush the crime, given the society we live in. For those who know domestic violence is now a crime. And known as the Violence Against Persons Prohibition Act.

At a gathering on Thursday, the 27th of November 2014, organised by ACTS Generation (www.actsgeneration.org; a gender based violence and abuse advocate, counselling, restoration organization); which was tagged International Conference on Domestic Violence, Sexual Assault and Trafficking. The issue of domestic violence is quite an alarming problem which is tearing at the delicate fabric of society through the home but it would appear it is not given the needed attention. But we can not deny the fact that it is easy to spot individuals (especially women) who are physically abused in their homes; the same can not be said for those suffering emotional domestic violence etc.

During the event, the executive director of ACTS Generation; Laila Jean St Matthew-Daniel in her speech stated that physical and sexual violence are two main forms of violence that women and young girls are often subjected to, both in the public and private spheres. While physical violence is the use of physical force with weapons that are visible (eg hand, knife, gun stick etc); sexual violence is any form of non-consensual or forced sexual activity which includes rape, incest etc. Both forms of violence are carried out with the intent to cause bodily harm, suffering and psychological trauma to women and young girls.

On human trafficking; Mrs Laila Jean St Matthew-Daniel said that human trafficking is estimated to be a $32billion annual industry and is a type of slavery that involves the transport or trade of people for the purpose of work. According to the United Nations, about 2.5million people around the world are ensnared in the web of human trafficking at any given time. Human trafficking impacts people of all backgrounds and people are trafficked for a variety of purposes. Men are often trafficked into hard labour jobs, while children are trafficked into labour positions in textile, agriculture and fishing industries. Women and girls are typically trafficked into commercial sex industry.

Mrs Laila Jean St Matthew-Daniel further posited that sex trafficking or slavery is the exploitation of women and children, within national or across international borders, for the purposes of forced sex work. Commercial sexual exploitation includes pornography, prostitution and sex trafficking. Each year, it is estimated that 800,000 women and children are trafficked across international borders.

Also, she posited that “some sex trafficking is highly visible, such as street prostitution. But many trafficking victims remain unseen, operating out of unmarked brothels in unsuspecting and sometimes suburban neighbourhoods. Sex traffickers may also operate out of public and private locations such as massage parlours, spas and strip clubs.”

My knowledge of the severity of the scourge called domestic violence was further illuminated when other female speakers spoke. A lot chorused that women’s rights should not be trampled upon by religious doctrines or using religion to violate women. A lady opined that views have been globalised and the downside of this is that a lot of these global values are detrimental. A lot of elements in global culture have dehumanised women’s bodies. Some global values have made a lot of young women believe they need to dress indecently. Global culture professes the glorification of indecently dressed ladies which is a ready excuse for some men to violate and harass them.

Other speakers opined that gender-based violence are mostly perpetuated against women and young girls by people that they know, love and trust. A speaker reported that some years ago, a research in South West Nigeria; discovered that apart from rape; South West women fear verbal abuse. And that cultural values and norms in Nigeria serve to condone the impunities of a lot of people. One of the revealing facts that shocked me was the fact that when gender/domestic violence occur; a lot of Nigerians are guilty of secondary victimization by differentiating between “what happened” and asking the “what did you do?” question.

Another revelation was of a female police officer who was the officer in charge of a special unit called the Family Support Unit at the Adeniji Adele Police Station in Lagos State. Reading through Lagos State Gender Advocacy Team (LASGAT)’s brochure handed to guests at the event; I came across some interesting statements and facts which are quite useful to all (if you can get a copy).

According to the brochure, these Special Police Units are model police stations in Lagos State where grieving parties’ complaints about domestic violence and sexual assaults can be lodged. These special units can be found in the IlupejuIsokoko and Adeniji Adele police stations. These units called the Family Support Units (FSU) allow victims or complainants to bypass the charge room and come directly to the unit. And from the Female police officer’s comments, one could deduce that a lot of cases were being handled by her unit.

Some of the speakers posited that for the minimization and eventual eradication of domestic violence (which can be inflicted on women and men), it is apparent that our society or rather Nigerians especially the men-folk need a new definition of masculinity.

They went further to state that there is no place for those who demean and abuse the place of girls and women. Men are not born violent but learn it. Also, the society should not hide behind religion and cultural beliefs to violate women. Real men don’t raise hands against women. Also, women in the corridors of the corporate and government worlds should begin to influence the decision making processes of the government in relation to the rights of women. Also, laws bordering on gender/domestic violence have to be strengthened-where found weak.

In East Africa (a region I am familiar with), the society empowers women (whether they are independent or not); ours doesn’t empower independent women (it must be frustrating for an independent lady who isn’t empowered.) We need to begin to have a shift in this regard. Also, the society should not hide behind religious and cultural beliefs to violate women. Those experiencing domestic violence and abuse should speak out and break the silence. Domestic violence and abuse is not a “family affair.” It is a crime against the state. As at 2014, there were over 109 organisations rendering support services in Lagos and their names can be gotten from Lagos State Gender Advocacy Team’s email- [email protected].

On a final note; pertaining to sexual slavery and exploitation (prostitution, adult movies and strip bars etc), which Laila Jean St Matthew-Daniel talked about in her speech at the event; my understanding of this aspect was broadened by some recent findings. My observations concur with that of the executive director of ACTS Generation; Laila Jean St Matthew-Daniel, about such places (synonymous with ladies and silver poles) being abodes of sexual exploitation. With all candour, positing that such places are like sweat shops found in Bangladesh or India would still be putting it mildly.

Honestly, as a society, we have a simmering problem in our hands. Alas, this society pretends and in such matters would want to remain oblivious. We don’t want to believe there is a problem until it hits us in the face. The reality is that this problem of domestic violence and sexual exploitation are simmering and the society should not keep quiet. The society (the government, appropriate laws and citizens) should speak out. Answers to questions like what is the root problem; what are the underlying issues and what would happen if nothing is done; have to be proffered.

Our Trophy of Economic Illogic

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By Ikenna Emewu

Nigeria border closure is amazing economics that shuts doors against 13% exports to track and checkmate 4% imports from neighbouring countries into Nigeria.
It is also about Nigeria closing border against 4% imports/smuggling from neighbouring countries while 96% imports from the rest of the world still comes in through the sea and air borders, even smuggled goods.
It’s a war against African neighbour states.
It’s a war that celebrates the inability and failure of the Nigeria Customs to do its work of manning the borders.

We seem to deliberately kill all sectors, including manufacturing to save rice and poultry markets.
In 2002, Obasanjo’s government argued this same way in favour of increase in pump price of petroleum products to deter its illegal move across borders into Niger and Chad. Jackson Gius-Obaseki, NNPC GMD had a career in this ill argument.
And you know who opposed him on this economic illogic? It was Adams Oshiomhole, NLC president, now APC national chairman who supports the be same argument today.

Nigeria never changes or makes progress. It only changes characters in the saddle.

Woman earns bachelor’s degree at age 82

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Bessie Person firmly believes you are never too old to learn. She recently earned a degree at the age of 82 and wants to put her knowledge to good use.

“When I started this, I didn’t know how far I was going to go, but it’s something I’ve always wanted to do,” the Portsmouth resident said.

Person is a graduate of I.C. Norcom High School, but she moved around the country to New York state, Connecticut and elsewhere.

She attended a data entry school in Syracuse, N.Y. and was sent by her employer, the pharmaceutical company Bristol-Myers Squibb, to Post University, called Teikyo Post University at the time, in Connecticut. She started a degree course, but was unable to complete it because her tuition assistance stopped, she said.

“I didn’t complete any of those courses at Teikyo,” she said. “I also had some courses at (a school in) Cambridge, Mass. I tried to get a degree at every school I was at.”

Person retired at age 57 from Bristol-Myers Squibb as a data entry supervisor and moved back to Virginia in the 1990s. During that time she lived in Chesapeake, Virginia Beach and Newport News. She then moved to Missouri for 11 years to work as a call center representative.

When she was in her seventies, Person was talking to her sister about getting a degree. She said her sister told her to just do it. She went online and found Colorado Technical University. She enrolled in an associates degree in business administration. She worked on a bachelor’s degree in business administration and digital marketing after she gained her associate degree in 2½ years. Person studied the courses online from her home.

“I didn’t think about age,” she said. “It was something I wanted, and I thought I could do it.”

After more than four years of study on two degrees, she graduated with honors. Her GPA was 3.74, she said.

As well as learning the subject matter, Person taught herself the technology needed for the online course. “It was a little hard,” she said.

Person said the Colorado Technical University degree quickly became easier. The only part she struggled with initially was the math component. She received As on all her writing research papers.

“I’m still a bit surprised I was able to finish it,” she said. “I did it all on my own.” Person said she studied for 4 to 6 hours every day, six days a week.

Person wants to do consulting work. She plans to teach people how to write resumes and network. She has other plans, too.

“I’ve got a book in me,” she said.

Kermitt Smith, one of Person’s four children, said his mother has always been creative.

“I’m really amazed,” he said. “I told her when she told me she finally graduated, ‘you have done something none of your four children accomplished.’ I have been to college, military and trade school but don’t have a four-year academic degree.”

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