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Sarkozy Loses Legal Challenge Over Claims He Accepted Libyan Cash

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Former French president Nicolas Sarkozy has lost his bid to throw out an inquiry into claims he used Libyan cash for his 2007 presidential campaign, a ruling that could require him and several associates to stand trial.

Sarkozy, 65, denies accusations by former members of Muammar Gaddafi’s leadership that he took millions from the slain Libyan ruler, some of it delivered in cash-stuffed suitcases, in his successful presidential run.

The scandal came to light in 2012, when investigative website Mediapart published a document purporting to show that Gaddafi agreed to give Sarkozy up to 50 million euros ($58 million or $67.6 million at today’s rates).

Sarkozy’s lawyer declined to comment after the hearing on whether he would appeal the decision to France’s top criminal court.

But the failed legal challenge means the inquiry by two anti-corruption judges can continue, though it remains uncertain if they will eventually seek a trial.

It is not the only legal headache for Sarkozy, who has enjoyed renewed popularity since retiring, with his memoirs seeing strong sales.

He has also been charged in two other cases, one relating to fake invoices devised to mask overspending on his failed 2012 re-election campaign, and another for alleged influence peddling involving a top judge.

He is set to go on trial in the second case on October 5, when he will become France’s first ex-president in the dock for corruption.

In 2011, as NATO-backed forces were driving Gaddafi out of power, the long-time Libyan leader’s youngest son Saif al-Islam, told the Euronews network: “Sarkozy must first give back the money he took from Libya to finance his electoral campaign.”

Sarkozy dismissed the allegations as rantings of vindictive Gaddafi loyalists who were furious over the French-led military intervention in Libya that helped end Gaddafi’s 41-year rule and ultimately led to his death.

Sarkozy, who retired from politics after a failed comeback attempt for the 2017 presidential vote, has accused the Paris judiciary of hounding him.

SOURCE : NEWS AGENCIES

What Must Happen To Judges That Are Careless With Bail?

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Daily Law Tips (Tip 661) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:
Bail is a fundamental human right of all persons in Nigeria. Every person in Nigeria is assumed to be innocent. Every suspect or defendant is entitled to police and court bail. Every offence is bailable in Nigeria, although the conditions for bail may vary depending on the nature of offence. So, there is a duty on courts, Judges and Magistrates to grant bail according to the conditions for bail. Well, it is not impossible to find courts that may grant bail carelessly, without observing the conditions for bail. Since for every action there is a reaction, the Supreme Court has in 2020 reiterated what must happen to such careless judges during service and even after retirement. This work reveals what according to the Supreme Court of Nigeria, are non-judicial/administrative consequences, that must befall Judges and Magistrates that are reckless with bail.

Bail and the Bench:
There are basically two types of bail; Administrative Bail (popularly known as Police Bail, being bail granted by arresting officer/agency) and then Judicial Bail (being bail granted by courts). By the way, bail is a temporal freedom granted to a suspect/defendant with a guaranty that the suspect/defendant will appear later at an agreed time and place. While judges (the bench) are encouraged to ensure fair hearing (including bail), bail must be granted within the lines of law. Bail must not be allowed to be used as a tool for injustice, hence, the bench must not be reckless in granting bail. Hence, a good Judge or Magistrate in exercising his discretion to grant or refuse bail must be judicial and judicious.

Where a Judge/Magistrate is reckless in granting bail, the Supreme Court has clearly stated what must happen to the Judge/Magistrate during his service and even while in retirement. To capture the full colour and height of recklessness on the part of a judge in granting bail, I am pushed to quote the long words of Justice OLUKAYODE ARIWOOLA of the Supreme Court of Nigeria in a recent judgment in the case of UGWU v. STATE (2020) LPELR-49375(SC). There is no better way to appreciate this issue. The quotation from the judgment of the apex court, clearly shows how a Judge sitting in Enugu State High Court was reckless in assessing and granting bail to a defendant suspected of murder. Below are the words of the erudite jurist.

1. “However, before I conclude this judgment, I feel compelled to comment on the incident at the commencement of the proceedings before the trial Court of Enugu State. It is on record that the appellant and one other – as the 1st accused had been arraigned for trial, charged with conspiracy and murder. After their pleas were taken and each pleaded not guilty, the matter was adjourned for hearing. The then 1st accused later took an application to a vacation Judge in Enugu for his bail pending trial. The vacation Judge granted him bail on N250,000.00. He was reported to have jumped the bail and the surety readily paid the sum of N250,000.00, the bail money in lieu and he was never available to stand the trial. He is reported to remain at large. There is no doubt that granting or refusal of bail application is at the discretion of the Judge who is considering the application. Yet, there are a number of factors or criteria that must be taken into consideration by the Judge in granting or refusing bail pending trial. These include: (1) The nature of the offence and the punishment attached to it, if proved (2) the evidence available against the accused; (3) availability of the accused to stand trial (4) the likelihood of the accused committing another offence while on bail; (5) the likelihood of the accused interfering with the cause of justice; (6) the criminal antecedents of the accused person; (7) the likelihood of further charge being brought against the accused; (8) the probability of guilt; (9) detention for the protection of the accused; (10) the necessity to procure medical or social report pending final disposal of the case. Certainly these are some of the factors that may be taken into consideration and by no means exhaustive. See; Bamaiyi Vs. The State & Ors (2001) LPELR – 731 (8). I have no doubt in my mind that the said vacation Judge disregarded all the above factors to be considered. In this case, the offence charged included murder punishable with death sentence. The proof of evidence showed incriminating materials, recovered from the accused person’s house upon execution of search warrant on the house. With the available evidence, it baffles one to hear that the vacation Judge, not the Judge whose Court was to try the case, considered the bail and readily granted same. I believe that when the accused later jumped bail and he refused to make himself available for his trial, the Judge should have realized that he has to cover his face in shame for his failure to exercise his discretion on the bail application, both judicially and judiciously. Ordinarily, Judges should be above board as far as integrity and competence are concerned. It is rather unfortunate, to say the least, that a man who was alleged to be involved in the gruesome murder of the Chief Security Officer of the University and serial raping of the two grown up daughters of the deceased can be carelessly allowed to escape from justice. I shall say nothing more on this and let the conscience of the said Judge continue to deal with him either in his retirement or still in service. He is however not on trial.” Per, OLUKAYODE ARIWOOLA ,J.S.C ( Pp. 28-30, paras. B-E ) Judgement of the Supreme Court of Nigeria (on bail) in the case of UGWU v. STATE (2020) LPELR-49375(SC)

Conclusion:
Judges and Magistrates are the keepers of the gate of justice. They are the few minds appointed for a price, to decide the affairs of men on the table of men. They cannot afford to be reckless and unprofessional in any thing, including bail and fair hearing.

My authorities are:

1. Sections 30, 31, 32, 34, 35, 36, 230, 237, 249, 255, 260, 265, 318 and 319 of the Constitution of the Federal Republic of Nigeria 1999.
2. Sections 32, 161, 162, 163, 164, 165, 494 and 495 of the Administration of Criminal Justice Act 2015 and its equivalent in states across Nigeria.
3. The judgment of the Supreme Court (on what must befall judges that are reckless with bail) in the case of UGWU v. STATE (2020) LPELR-49375(SC)
4. Judgment of the Supreme Court of Nigeria (on the nature and effect of Bail) in the case of SULEMAN & ANOR v. COP PLATEAU STATE (2008) LPELR-3126(SC)

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Ex-Nigerian Minister accused of arresting hotel staff and stripping them naked for allegedly stealing N5,000

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A former Minister of State for Education, Kenneth Gbagi has been accused of arresting four of his hotel staff and stripping them naked for allegedly stealing N5,000. 

According to Sahara Reporters, the four staff of Signatious Hotel, Warri, Delta State ( a male and three females) were striped naked and photographed inside the hotel before being taken to Ebrumede Police Station where they were remanded in custody.

Ex-Nigerian Minister accused of arresting hotel staff and stripping them naked for allegedly stealing N5,000

A source told the publication; 

“My boss, former Minister of State for Education and owner of Signatious Hotel, Chief Kenneth Gbagi, arrested four of my colleagues working for him over the stealing of N5,000 from the hotel when actually the N5,000 was given as a gift to them by a guest because of their good behaviour.

“Before they were arrested by the police on Friday last week at the hotel, the four staff were stripped naked while they were photographed in the presence of the police. 

“We learnt that the dehumanising treatment was instructed by our boss.”

The four staff of the hotel have been identified as Gloria Oguzie, Victor Ephraim, Rosslyn Okiemute and Achibong Precious. It was also alleged that the hotel management forcefully made some withdrawals from their bank accounts with their ATM cards before the police took them away in a waiting van.

They were subsequently arraigned before a magistrate court sitting in Effurun on Monday September 21, after four days of detention.

Ex-Nigerian Minister accused of arresting hotel staff and stripping them naked for allegedly stealing N5,000

In a five-count charge, the police accused the suspects of conniving among themselves to steal monies ranging from N156,000, N110,000, N5,000 and N2,000 owned by Signatious Hotel and committed an offence punishable under section 516 and 390 (9), of the criminal code Law Cap21C Vol.1 Law of Delta State.

They were granted bail following the intervention of some anti-corruption and human rights activists who decided to take up the matter. Warri-based human rights lawyer, Omemiroro Maxwell Ogedegbe confirmed the story and also disclosed that the four staff were granted bail by a magistrate court sitting in Effurun, Delta State.

NBA INTERACTS WITH ASSOCIATION OF LAWYERS WITH DISABILITIES IN NIGERIA (ALDIN)

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On Wednesday, the 23rd of September 2020, the leadership of the Nigerian Bar Association (NBA), met with a delegation from the Association of Lawyers with Disabilities in Nigeria (ALDIN) led by its President, Daniel Onwe to discuss issues affecting members of ALDIN.

Some of the issues raised by ALDIN were the inaccessibility of courts in Nigeria by lawyers with disabilities; discrimination against lawyers with disabilities by most law firms as well as inhumane treatment faced by lawyers with disabilities in court. Also discussed were the absence of sign language interpreters in courts; non-representation of lawyers with disabilities in the NBA and failure of NBA branches to make attendance to branch meetings easy for lawyers living with disabilities.

In his reaction, the NBA President Mr. Olumide Akpata, tendered an unreserved apology on behalf of the Association to all lawyers with disabilities for the neglect historically suffered by them and promised that the NBA will henceforth take steps towards a paradigm shift in the mindset of members of the NBA and the Nigerian populace at large, in their relationship with persons living with disabilities. He also pledged that the NBA will be more sensitive to the needs of not just lawyers with disabilities but also every senior citizen in the NBA.

The President further pledged that the NBA will ensure that the Lawyers with Disabilities Forum (LWDF) gets more active, and promised to introduce an annual event dedicated to the LWDF where issues faced by lawyers with disabilities will be discussed and solutions proffered. Also, in line with his campaign promise to make the NBA more inclusive, the NBA President promised to pursue an amendment of the NBA constitution to ensure that the Chairman and Secretary of the LWDF are made statutory members of the NBA National Executive Committee (NEC).

The NBA President further harped on the need for capacity building and promised to create specifically tailored programmes that would help to shore up the capacity of lawyers living with disabilities in Nigeria.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

FG Approves $1.96bn For Kano – Niger Republic Rail Project

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By Mathew Dadiya, Abuja

The Nigerian government has approved a contract for the construction of 248 kilometres rail line from Kano – Maradi, in the Niger Republic at a cost of $1.96 billion.

The approval was given on Wednesday, during the Federal Executive Council (FEC) presided over by President Muhammadu Buhari at the Council Chambers of the Presidential Villa, Abuja.


Speaking with State House Correspondents after the meeting, the Minister of Transportation, Hon Chibuike Rotimi Amaechi, disclosed that the contract was initiated in February 2018 and was designed to connect three Nigerian states in the north – Kano, Katsina and Jigawa as well as seven senatorial districts.

The rail line, which will start from Kano, will pass through Dambatta, Kazaure, Daura, Mashi, Katsina, Jibia and terminate in Maradi, Niger Republic.


The minister explained that the project when completed, would assist in the supply of crude oil from the Niger Republic to the refinery being built in the border town between both countries.

The Minister also disclosed that another contract was approved for the Ministry, which is for the construction of design, manufacturing, supply, testing and commissioning of a railway crane, for the purposes of clearing rail tracks in situations of accidents.

“Two memos for the Ministry of Transportation. The first one is the award of contract for the design, manufacture, supply, testing and commissioning of one railway crane of 150 ton capacity for emergency and recovery of rolling stocks.

“This is to sort out say situations of an accident on the track. It is for a total cost of N3,049,544,000. That’s the first memo that was approved for the Ministry of Transportation.

“The second one is the award of contract for the development of the proposed Kano-Katsina-Jibia to Maradi rail line in the Niger Republic and to Dutse, the capital of Jigawa, for a total cost of $1,959,744,723.71, inclusive of 7.5% VAT”, he said.

Speaking at the briefing, the Minister of Information and Culture, Alhaji Lai Mohammed, spoke to State House Correspondents on behalf of the Minister of Finance, Budget and National Planning and the Minister of State for Petroleum Resources, who also presented memoranda at the FEC meeting, but were unavailable to address the press.

According to Alhaji Mohammed, the Minister of Finance, Budget and National Planning, Mrs Zainab Ahmed, presented two memos, which were approved by FEC.

The first contract would be for the procurement of 1,800 units of laptop computers for three Nigeria Customs Service (NCS) training schools, at the cost of N351,540,000. The second contract, costing N197,843,100, would be for NCS cash management’s software.

“On behalf of the Honourable Minister of Finance, Budget and National Planning I want to report also that she got two of her memos approved. One is for the procurement of 1,800 units of laptop computers for training school and computer-based test examinations at three Nigeria Customs Service training schools in Gwagwalada, Lagos and Kano for a sum of N351,540,000, with a completion period of six weeks.

“The major advantage of this particular contract is that it saves the department a lot of money in hiring consultants for training and other services.

“The Minister also got another approval for N197,843,100 for the expansion of the Nigeria Customs Service’s cash management’s software in compliance with International Public Sector Accounting Standards (IPSAS). This is also going to enhance the efficiency of the Department of Customs”, he said.

On the report he delivered on behalf of the Minister of State for Petroleum Resources, Chief Timipre Sylva, Alhaji Mohammed said “on behalf of the Minister of State for Petroleum Resources, a memo was presented today asking for approval for the augmentation of the contract for the construction of Petroleum Technology Development Fund corporate headquarters office in Abuja, for the sum of N3,773,784,399.48, therefore raising the initial approval for the contract to about N14 billion.

“However, the important thing about this particular contract is that the building has since been completed, it has since been in use and we inherited this augmentation from 2012, but since governance is a continuum, we are honouring the augmentation, but this headquarters building has been completed, the contractors have been magnanimous while all these arguments about the augmentation were going on, they were magnanimous enough to complete the project and many international conferences have been held in that building”, he said.

Vaclav Havel to the Rescue…By Olusegun Adeniyi

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Popular American author and speaker, Natalie Golberg, has written a lot about writing, including what writers should do when they have no clue about what to write about—a situation I find myself in right now. In such moments, Golberg suggests writing about “What disturbs you, what you fear, what you have not been willing to speak about.” I have several times taken her counsel but it does not work for me this week. There are so many things that disturb me or that I fear or that I would rather not speak about. Take the death last Sunday of Colonel Haliru Bako who was killed in a firefight with insurgents in Gamboa, Borno State.

Although I never met the late gallant officer, I know some of his senior colleagues who speak highly of him. It is sad that the commander of ‘Operation Lafiya Dole’ would die along with his men following an ambush by the same Boko Haram insurgents that military authorities continue telling Nigeria have been ‘technically defeated’. As Boko Haram and terror affiliates step up their capacity to kill, maim and kidnap at will, the Coalition of North East Elders for Peace and Development (CNEEPD) at the weekend said the excuses being tendered by service chiefs were no longer acceptable. The statement, tagged: ‘We are tired of excuses, sack service chiefs now,’ and signed by the group’s chairman, Zana Goni, called on President Muhammadu Buhari “to honour the resolution of the National Assembly and positions of the majority of Nigerians to immediately remove the service chiefs and bring in new hands to effectively confront the security challenges staring us in our face as a nation.”

The North-east elders can say whatever they like but the service chiefs are well aware that they are secure in their positions and that the president will not heed such counsel. Certainly not from some elders. Nor from the general public or even the National Assembly. Which then explains why at a time insurgents are escalating their brutality against civilians as well as our troops, the army leadership is busy funding the production of a Nollywood movie, ‘Fatal Arrogance’, in an apparent move to justify the December 2015 massacre of hundreds of Islamic Movement of Nigeria (IMN) Shiite members in Kaduna which led to the injury and subsequent arrest and detention of their leader, Sheikh Ibrahim El-Zakzaky and his wife, Zeenat.

Now that the army has moved into Nollywood movie production, I hope the script writers will not forget to include the disclosure by the then Secretary to the Kaduna State Government, Balarabe Lawal, that 347 corpses were given a mass burial in a single grave on the night of 14th December 2015. According to Lawal, 191 of the corpses were recovered from the Army Depot in Zaria and another batch of 156 corpses from the Ahmadu Bello University Teaching Hospital (ABUTH). I hope they also included the chilling testimony of the Director-General of Interfaith, Muhammad Namadi Musa: “On 13th December, 2015, I received a phone call from the SSG to come to the Government House after which I was directed to go to Zaria to find out the number of corpses and how they would be buried. I moved in company of the State Commissioner of Police straight to ABUTH, Zaria to ascertain the number of corpses. There we counted 156 corpses. At the Nigerian Depot, the SSG directed me to meet with one Major Ogundare regarding the corpses there. After introducing myself, he refused to let me know the number; but later on, the SSG told me the number. He also confirmed the number while they were being buried; as he counted them one after the other as they were laid in one grave. We left the Nigerian Army Depot with three heavy-duty trucks and 60 young officers who escorted us to assist in offloading the corpses. From ABUTH, Zaria, five small trucks carried the corpses. Most corpses were covered with black materials and they included women and children.”

As disturbing as this Nollywood agenda of the army may be, I would rather wait until the movie hits Netflix before I make my comments. But while we are still about things that disturb, I read a story yesterday that left me dumfounded. On Monday evening in Calabar, Cross River State, two teenagers suspected to be armed robbers were lynched by an angry mob. The story carried two sets of photographs, one showing the apprehended teenagers and the second, showing them in flames. “When we noticed that the boys were robbing; we decided to lay siege and accost them…Two ran through a nearby street; while the one who joined us in raising alarm wanted to escape via Rabana roundabout, he was apprehended and lynched. The other was also lynched and set ablaze,” according to the eyewitness quoted in the report.

Sadly, the Calabar incident is just one of several such cases where lives were taken without due process. A Google search revealed the growing numbers of Nigerians who have been ‘tried and summarily executed’ by mobs for offences they may not even have committed. I did not even know that jungle justice is another sordid emblem for our country until I read Wikipedia, describing it as “a form of public extrajudicial killings in sub-Saharan African, most notably Nigeria and Cameroon, where an alleged criminal is humiliated, beaten or summarily executed by a crowd or vigilantes.” After highlighting the different ways by which this brand of justice is usually carried out in the two countries, Wikipedia now concludes: “This form of street justice occurs where a dysfunctional and corrupt judiciary system and law enforcement have lost all credibility.”

Since even a writer must know when to ‘off the mic’, I believe we should leave that matter for now. Meanwhile, I have received several mails asking why there has been a deafening silence from me on the Edo State gubernatorial election despite all the drama of the past few months. My response to those who asked has been: When two people to whom I relate very well fight each other, if I cannot reconcile them, I try to stay out of their trouble.

In researching my book, ‘From Frying Pan to Fire: How African Migrants Risk Everything in their Futile Search for a Better Life in Europe’ I spent considerable time in the Edo state capital and interacted quite a bit with Governor Godwin Obaseki and many of his aides. So, I knew as far back as November 2018 that all was not well between the governor and his predecessor, Comrade Adams Oshiomhole, who was at that period the All Progressives Congress (APC) National Chairman. I thought I could bring the duo to reach a compromise on the two issues that divided them: One, how to handle local party operatives who the governor said had become law unto themselves and needed to be tamed; and two, the choice of APC candidates for the Edo State House of Assembly in the 2019 general election. I had separate (one-on-one) meetings with both Obaseki and Oshiomhole but nothing came of my efforts at reconciliation. I am also aware of efforts by many other stakeholders that similarly failed.

Several factors shaped the Edo State gubernatorial election and I am going to come back to them one day. But the one being glossed over, yet perhaps most significant, is that Governor Obaseki benefited from the politics of 2023 and the cold calculations within the different factions of the ruling party. Besides, the majority of APC Governors who were not happy about the way their former colleague was edged out, by their nods and winks, were rooting for Obaseki to win and may have supported him. But the pre-election video statement by Asiwaju Bola Ahmed Tinubu was also a needless own goal that provoked the slogan, ‘Edo no be Lagos’ and the nationalistic fervour that worked for the incumbent.

I congratulate Governor Obaseki on his well-deserved victory based on his performance in office but I wish he would take the admonition by President Muhammadu Buhari and be magnanimous. Whatever may be the difference between him and Oshiomhole today, he should not forget yesterday. While he and the Peoples Democratic Party (PDP) that sheltered him with their umbrella (after the conspiracy that denied him the APC ticket) therefore deserve their victory dance, the conventional wisdom in the Yoruba adage that what is after six can sometimes be more than seven will serve the re-elected governor well at a time like this.

However, beyond the drama of personalities, the most significant lesson to draw from the Edo election is the fact that political parties mean nothing in Nigeria. That is an issue we must come back to interrogate. But what I fail to understand is those who query the accolades being given to President Buhari by the PDP and the victorious governor. For the uninitiated, this was the response of former President Olusegun Obasanjo in November 2012 to a remark made by former Governor Ibrahim Shekarau of Kano on the 2003 gubernatorial election in his state at a roundtable on party politics organized by the National Institute for Legislative Studies in Abuja: “I want to thank former Governor Shekarau for what happened to him in Kano. What he did not know, which he may want to know today, is that he won that election with a very narrow margin, and if I had yielded to pressure, that narrow margin would have been changed.”

Since I am not disturbed about the outcome of the gubernatorial election in Edo State, I think we should leave that matter for today. I also want to keep my counsel on the proposed strike by the Nigeria Labour Congress (NLC) and Trade Union Congress (NUC) over the recent hike in electricity tariff and pump price of petrol. Yet, as I was ruminating on how to fill this page today, I received one of those ‘forwarded’ WhatsApp messages from Senator Sanusi Dagash. It was the 28th May, 1991 acceptance speech delivered by the late President Vaclav Havel when he was awarded the Sonning Prize by the University of Copenhagen, Denmark, for his contribution to European civilization. A famous writer, public intellectual and dissident, the late Havel, last president of Czechoslovakia and the first president of Czech Republic, was an unusual politician and that much was reflected in this speech titled, ‘The Temptation of Political Power’. I leave it for readers as I tender my apology for not writing this week.
The prize I’ve been honored with today is usually given to intellectuals, not to politicians. I am obviously what can be called an intellectual, but at the same time, fate has determined that I find myself — literally overnight — in what is called the world of high politics. With your permission, I would like to take advantage of my unusual experience and try to cast a critical eye of an intellectual on the phenomenon of power as I have been able to observe it so far from the inside, and especially on the nature of the temptation that power represents. Why is it that people long for political power, and why, when they have achieved it, are they so reluctant to give it up?

In the first place, people are driven into politics by ideas about a better way to organize society, by faith in certain values or ideals, be they impeccable or dubious, and the irresistible desire to fight for those ideas and turn them into reality. In the second place, they are probably motivated by the natural longing every human being has for self-affirmation. Is it possible to imagine a more attractive way to affirm your own existence and its importance than that offered by political power? In essence, it gives you a tremendous opportunity to leave your mark, in the broadest sense, on your surroundings, to shape the world around you in your own image, to enjoy the respect that every political office almost automatically bestows upon the one who holds it. In the third place, many people long for political power and are so reluctant to part with it because of the wide range of perks that are a necessary part of political life — even under the most democratic of conditions.

These three categories are always, I have observed, intertwined in complicated ways, and at times it is almost impossible to determine which of them predominates. The second and third categories, for instance, are usually subsumed under the first category. I have never met a politician who could admit to the world, or even to himself, that he was running for office only because he wanted to affirm his own importance, or because he wanted to enjoy the perks that come with political power. On the contrary, we all repeat over and over that we care not about power as such but about certain general values. We say it is only our sense of responsibility to the community that compels us to take upon ourselves the burden of public office. At times, only God Himself knows whether that is true, or simply a more palatable way of justifying to the world and ourselves our longing for power, and our need to affirm, through our power and its reach, that we exist in a truly valid and respectable way.

The situation is made more complicated because the need for self-affirmation is not essentially reprehensible. It is intrinsically human, and I can hardly imagine a human being who does not long for recognition, affirmation, and a visible manifestation of his own being.

I am one of those people who consider their term in political office as an expression of responsibility and duty toward the whole community, and even as a sort of sacrifice. But, observing other politicians whom I know very well and who make the same claim, I feel compelled again and again to examine my own motives and ask whether I am not beginning to deceive myself. Might I not be more concerned with satisfying an unacknowledged longing for self-affirmation — a desire to prove that I mean something and that therefore I exist — than I am with pure public service? In short, I am beginning to have suspicions about myself. More precisely, my experience so far with politics and politicians compels me to have these suspicions. In fact, every new prize I receive compels me to be a degree more suspicious.

The third category of reasons for desiring political power — longing for the advantages power brings, or simply getting used to those advantages — deserves special attention. It is interesting to observe how diabolical the temptations of power are, precisely in this sphere. This is best observed among those of us who have never held power of any kind before. Bravely, we used to condemn the powerful for enjoying advantages that deepened the gulf between them and the rest. Now we ourselves are in power.

We are beginning, inadvertently but dangerously, to resemble in some ways our contemptible precursors. It bothers us, it upsets us, but we are discovering that we simply can’t, or don’t know how to, put a stop to it. I will give you several examples.

It would make no sense whatever for a government minister to miss an important cabinet discussion of a law that will influence the country for decades to come simply because he has a toothache and has to wait all afternoon at the dentist’s until his turn comes. So — in the interests of his country — he arranges to be treated by a special dentist, someone he doesn’t have to wait for.

It would certainly not make sense for a politician to miss an important state meeting with a foreign colleague simply because he has been held up by the vagaries of public transport. So — he has a government car and a chauffeur.

It would certainly not make sense for a president or a prime minister to miss such a meeting simply because his car is caught in a traffic jam, so he has the special right to pass cars that are ahead of him or to go through red lights, and in his case the traffic police tolerate it.

It would certainly make no sense for a politician to waste valuable time sweating over a stove and cooking an official meal for a counterpart from abroad. So he has a personal cook and waiters to do it for him.

It would certainly make no sense for the president’s cook to go from butcher shop to butcher shop like a normal homemaker in a post-socialist country in search of meat good enough to offer without shame to an important guest. So special deliveries of supplies are arranged for prominent people and their cooks.

It would certainly make no sense if a president or a premier had to look up numbers in the telephone book himself and then keep trying again and again until he reached the person or until the line became free. Quite logically, then, this is done by an assistant.

To sum up: I go to a special doctor, I don’t have to drive a car, and my driver need not lose his temper going through Prague at a snail’s pace. I needn’t cook or shop for myself, and I needn’t even dial my own telephone when I want to talk to someone. In other words, I find myself in the world of privileges, exceptions, perks; in the world of VIPs who gradually lose track of how much butter or a streetcar ticket costs, how to make a cup of coffee, how to drive a car, and how to place a telephone call. I find myself on the very threshold of the world of the communist fat cats whom I have criticized all my life.

And worst of all, everything has its own unassailable logic. It would be laughable and contemptible for me to miss a meeting that served the interests of my country because I had spent my presidential time in a dentist’s waiting room, or lining up for meat, or nervously battling the decrepit Prague telephone system, or engaging in the hopeless task of finding a taxi in Prague when I am obviously not from the West and therefore not in possession of dollars.

But where do logic and objective necessity stop and excuses begin? Where does the interest of the country stop and the love of privileges begin? Do we know, and are we at all capable of recognizing, the moment when we cease to be concerned with the interests of the country for whose sake we tolerate these privileges, and start to be concerned with the advantages themselves, which we excuse by appealing to the interests of the country?

Regardless of how pure his intentions may originally have been, it takes a high degree of self-awareness and critical distance for someone in power — however well-meaning at the start — to recognize that moment. I myself wage a constant and rather unsuccessful struggle with the advantages I enjoy, and I would not dare say that I can always identify that moment clearly. You get used to things, and gradually, without being aware of it, you may lose your sense of judgement.

Again, being in power makes me permanently suspicious of myself. What is more, I suddenly have a greater understanding of those who are starting to lose their battle with the temptations of power. In attempting to persuade themselves that they are still merely serving their country, they increasingly persuade themselves of nothing more than their own excellence, and begin to take their privileges for granted.

There is something treacherous, delusive, and ambiguous in the temptation of power. On the one hand, political power gives you the wonderful opportunity to confirm, day in and day out, that you really exist, that you have your own undeniable identity, that with every word and deed you a leaving a highly visible mark on the world around you. Yet within that same political power and in everything that logically belongs to it lies a terrible danger: that, while pretending to confirm our existence and our identity, political power will in fact rob us of them.

Someone who forgets how to drive a car, do the shopping, make himself coffee, and place a telephone call is not the same person who had known how to do those things all his life. A person who had never before had to look into the lens of a television camera and now has to submit his every movement to its watchful eye is not the same person he once was. He becomes a captive of his position, his perks, his office. What apparently confirms his identity and thus his existence in fact subtly takes that identity and existence away from him. He is no longer in control of himself, because he is controlled by something else: by his position and its exigencies, its consequences, its aspects, and its privileges.

There is something deadening about this temptation. Under the mantle of existential self-affirmation, existence is confiscated, alienated, deadened. A person is transformed into a stone bust of himself. The bust may accentuate his undying importance and fame, but at the same time it is no more than a piece of dead stone. Kierkegaard wrote ‘Sickness unto Death’. Allow me to paraphrase your excellent countryman and coin the phrase “power unto death.”

What may we conclude from this?

Certainly not that it is improper to devote oneself to politics because politics is, in principle, immoral. What follows is something else. Politics is an area of human endeavor that places greater stress on moral sensitivity, on the ability to reflect critically on oneself, on genuine responsibility, on taste and tact, on the capacity to empathize with others, on a sense of moderation, on humility. It is a job for modest people, for people who cannot be deceived.

Those who claim that politics is a dirty business are lying to us. Politics is work of a kind that requires especially pure people, because it is especially easy to become morally tainted. So easy, in fact, that a less vigilant spirit may not notice happening it at all. Politics, therefore, ought to be carried on by people who are vigilant, sensitive to the ambiguous promise of self-affirmation that comes with it.

I have no idea whether I am such a person. I only know that I ought to be, because I have accepted this office.

How poor phone network aided killing of Plateau traditional ruler; LG Chairman, Commissioner lament killing

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The Chairman of Berom Educational and Cultural Organisation (BECO), Foron, Mr. Sale Dagalang, has said that unknown gunmen killed Da Bulus Chuwang Janka, District Head of Foron in Barkin-Ladi Local Government Area, near his home where he withdrew to answer a call due to poor network reception.

According to him, the sad incident took place at about 8.00 p.m. in Razat village. He said Late Janka got a phone call but due to poor network reception, “had to move outside his residence for better network, which turned out to be his undoing.

“This is because while answering that call, the bandits, who were hiding in a nearby maize farm, swooped on him and shot him at close range before bolting away”.

Recall that Governor Simon Lalong has vowed that the killers would be traced and brought to book.

Meanwhile, the gruesome murder has been condemned by the Chairman of Barkin Ladi local government council, Da Alamba Jock Danladi.

Alamba, commiserating with the immediate family of the deceased monarch and the Foron community at large,
noted with dismay the killing of the royal father.

In a statement by Ms. Jacqueline Dakat, the
Information Officer, Barkin Ladi Local .Government.Council, the Chairman said the killing, coming after all efforts towards total restoration of peace is a ploy to plunge back the area into its ignominious past of violence.

The Chairman appealed to the people to eschew violence, though the death of Da Chuwang is painful. He prayed for fortitude for the family and people to bear the loss

Alamba said he felt especially pained by the killing of Da Janka, a critical stakeholder in peace building in Foron District, Barkin Ladi, and Plateau State at large. He added that the invaluable role played by the royal father would be greatly missed.

Alamba further noted that he would not be distracted by the unfortunate incident coming barely after his assumption of office as Chairman of Barkin Ladi, and when strategies for an ending peace in the area were being fashioned. He pledged to bring to an end the threat to peace and security.

The Commissioner for Science and Technology, Mr. Musa Gyang, a native of Foron, decried the killing of the ruler whom he described as committed to the attainment of peace.

He however, called on the State Government and the security agencies, especially the District Divisional Police Officer of Barkin Ladi, to create Police outposts in strategic locations to curtail future occurrences.

He commended the security agents for their timely and rapid response to the incident which has restored hope to the members of the community.

Lalong vows to find killers of traditional ruler murdered in his home, six others killed

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Following the gruesome murder of the Acting Gwom Rwey Foron, Da Bulus Chuwang Janka, Plateau Governor, Hon. Simon Lalong has assured that the killers, who murdered him in his home at Rasat community of Foron in Barkin Ladi Local Government, will he apprehended and dealt with.

Six others, sources told Everyday.ng, were killed in the Monday night attack, believed to have been perpetrated by alleged Fulani militia, in the “usual guerilla-style, hit-and-disappear style” that is getting common in Plateau and southern parts of Kaduna”.

Angry Lalong, according to a statement by his spokesman, Dr. Makut Simon Macham, said the murderers will not be allowed to go unpunished as security agencies in collaboration with ‘local intelligence’ have launched a thorough investigation to arrest the perpetrators and their collaborators.

Lalong said ” the Local Government Chairman and heads of security agencies have briefed me on the sad development and the level of investigation so far. I have repeated my charge to them that the days of unknown gunmen is over in Plateau State as innocent people cannot be killed without anybody being apprehended and put to trial. We are using the concept of community policing to dig into this paarticular case and see to it that the criminals are arrested. If we do not do so, more criminals will be bold to attack and kill our citizens”.

The Governor also appealed to citizens across the State to intensify vigilance against criminals who are bent on rupturing the peace of the State at all costs, assuring that they will not be allowed to succeed.

Lalong sympathised with the family of the Royal father, the people of Barkin Ladi as well as the entire State over the unfortunate incident.

He asked people of the area to cooperate with the Local Government Authority as well as security agencies in not only cracking this case, but also preventing further occurrences.

CAMA contains dangerous provisions, say Falana, Odinkalu

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Oladimeji Ramon

Human rights lawyer, Mr Femi Falana (SAN) and a former Chairman of the National Human Rights Commission, Prof. Chidi Odinkalu, among others, on Wednesday, attacked the newly passed Companies and Allied Matters Act 2020, saying many of its provisions would allow for gross violation of fundamental human rights.

Falana and Odinkalu argued that the new law gave too much power to the Registrar General of the Corporate Affairs Commission, which can easily be used to arbitrarily clamp down on civil society organisations.

But the RG of CAC, Alhaji Garba Abubakar, speaking through Mr Justine Nidiya, said the new law should be allowed to operate first and given “benefit of the doubt; and if there are challenges we will address them by way of amendments.”

They spoke at a virtual town-hall meeting, with the theme, “CAMA 2020: Regulation or Repression?” co-organised by European Union-ACT; Open Society Initiative for West Africa; Working Group on Civil Society Regulatory Environment;  Socio-Economic Rights and Accountability Project and the CAC.

Falana, in his remarks, faulted Section 389 of the law that empowers the CAC to suspend the Board of Trustees of an organisation in crisis and appoint an interim committee to manage its affairs.

Describing the section as a violation of the rights to freedom of association, Falana argued that the CAC should allow organisations to manage their internal crisis in line with their constitutions.

He said, “The organisation has been registered with its constitution; the Registrar General of the CAC has no power to throw away the constitution incorporated with the organisation.

“Once you have registered the constitution of an organisation and it has provided for Board of Trustees, it has provided for accountability mechanisms, you must respect such provisions of the organisation’s constitution that has been registered.

“The point being made that we should allow this law to work before we point out these very dangerous provisions will not be the best approach.”

According to Falana, another offensive provision of the law is Section 842, empowering the CAC to take over the funds in the bank accounts of an organisation in crisis.

The SAN said it was tantamount to “obtaining money by false pretence.”

Falana also condemned Section 831 of the law, which, he said, empowers the RG of the CAC to forcefully merge two organisations.

Furthermore, he described as most offensive, Section 851 of the law, which empowers the CAC to set up an Administrative Proceedings Committee, headed by the RG of CAC, to resolve internal disputes in an organisation.

Falana said, “The Administrative Proceedings Committee will be headed by the Registrar General of the CAC; so, he is going to be the accuser, the prosecutor and also the judge to decide who is wrong or right. He is also going to be empowered to impose penalties on any organisation who fails to file returns. These powers are draconian.”

In his remarks, Odinkalu described Part F of CAMA 2020 as a “mish-mash” of borrowed laws from the United Kingdom, hastily copied without the safeguards in the English law.

Also speaking, the Country Director of Amnesty International in Nigeria, Osai Ojigho, said NGOs were already adequately regulated, stressing that the intervention by the CAC was needless.

But the representative of CAC RG, Nidiya, maintained that there was no room for abuse because the Board of Trustees of an organisation will only be suspended after a Board of Inquiry set up by the CAC would have looked into their crisis and made recommendations to the CAC.

Nidiya said, “Our own thinking is that at the Board of Inquiry level, all issues of human rights would have been taken care of because the Board of Inquiry will not just arrive at a decision without giving the parties the right of fair hearing.”

TIME 100 2020: Tony Elumelu named 100 Most Influential People in the World

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TIME 100 2020: Tony Elumelu named 100 Most Influential People in the World

TIME has named Tony O. Elumelu, one of Africa’s leading investors and philanthropists, in the 2020 TIME100, the annual list of the 100 most influential people in the world.

The list, now in its seventeenth year, recognises the activism, innovation, and achievement of the world’s most influential individuals.

Mr Elumelu, who is one of only four Africans on the 2020 list, is recognised for his track record of business turnaround and value creation, and economic empowerment of young Africans.

Mr Elumelu is the most prominent champion of entrepreneurship in Africa. In 2010, he created The Tony Elumelu Foundation (TEF), the philanthropy empowering a new generation of African entrepreneurs, catalysing economic growth, driving poverty eradication and ensuring job creation across all 54 African countries. Since inception, the Foundation has funded just under 10,000 entrepreneurs and created a digital ecosystem of over one million as part of its ten year, US$100m commitment through the TEF Entrepreneurship Programme. Self-funded, the Foundation is increasingly sharing its unique ability to identify, train, mentor and fund young entrepreneurs across Africa, with institutions such as the UNDP, the ICRC and leading European development agencies.

Heirs Holdings, which serves as a corporate role model for African businesses, and the Tony Elumelu Foundation will both celebrate 10 years of impact in November. Their mission continues to be inspired by Mr Elumelu’s economic philosophy of Africapitalism, which positions the private sector, and most importantly entrepreneurs, as the catalyst for the social and economic development of the continent.

TIME 100 2020: Tony Elumelu named 100 Most Influential People in the World
TIME 100 2020: Tony Elumelu named 100 Most Influential People in the World

The full list of the 2020 TIME100 and tributes appear on time.com/time100.

Muhammadu Buhari, in a statement signed by Femi Adesina, commended Elumelu’s vision of Africapitalism.

According to Buhari, Elumelu’s vision espouses that Africa’s private sector must play a leading role in the continent’s development through long-term investments, entrepreneurship, and regional connectivity.

Buhari said that it was just a matter of time before such caught global attention.

Buhari, in the statement, said that “Elumelu’s commitment to the development of African youths, whom he has given a voice and empowerment, investing $5,000 in 1,000 young entrepreneurs per year across 54 countries, pedestals him as a visionary, with milk of human kindness, ‘and such, among others, must have qualified him for the Time Hall of Fame.’

“The President wishes Elumelu greater successes on all fronts, and recommends his strides to other high networth people.”