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Insurgency: British lawmakers write Commonwealth over killings in Nigeria

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Insurgency: British lawmakers write Commonwealth over killings in Nigeria

Thirteen members of the House of Lords, United Kingdom, have expressed concern over the killings by Boko Haram insurgents in the North-East and Fulani herdsmen in the Middle Belt region.

The upper house of parliament members said the failure of the Federal Government to protect Nigerians was a breach of the Commonwealth Charter.

They requested the Commonwealth to raise the killings with its Ministerial Action Group.

This was contained in a letter to the Secretary-General of the Commonwealth, Patricia Scotland, dated September 14, co-signed by Baroness Cox, Baroness Kennedy, Jim Shannon, Fiona Bruce, former Archbishop of Canterbury, Lord Williams and 14 others.

They cited a report by the UK All-Party Parliamentary Group for International Freedom of Religion or Belief, which accused unnamed officials of being complicit in the bloodshed in the country.

The referenced report was titled, ‘Nigeria: Unfolding genocide?’.

According to the parliamentarians, the APPG’s concerns reflected the findings of a report by Amnesty International, ‘We dried our tears: Addressing the toll on children of Northeast Nigeria’s conflict’, which concludes that the Nigerian armed forces have committed war crimes and crimes against humanity during their operations.

The lawmakers wrote, “The Nigerian army’s former Chief of Staff, Lt. Gen. Theophilus Danjuma, whom some of us have met and spoken to, says the armed forces are “not neutral; they collude” in the “ethnic cleansing in… riverine states.”

“The state’s failure to protect the citizens is a clear breach of its obligations under the Commonwealth Charter in respect of human rights,” the Lords submitted.

The letter added, “There is now an urgent need to ensure adequate protection and aid for those suffering the loss of family members and the destruction of their homes and livelihoods, and to end impunity by ensuring that complaints related to human rights violations are promptly, independently and impartially investigated, and those responsible are held to account after fair trials.”

The group requested the Commonwealth scribe to raise the urgent concerns with the Commonwealth Ministerial Action Group.

“We would be very willing to meet in person (or perhaps more practically, online via zoom) to discuss how we might proceed,” they said.

Nigerian Army, EFCC plan to fight criminality in South-East

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Nigerian Army, EFCC plan to fight criminality in South-East

ENUGU – The General Officer Commanding, (GOC), 82 Division Nigerian Army, Enugu, Major General Lasisi. A. Adegboye has commended the Economic and Financial Crimes Commission’s efforts in South East and expressed readiness to strengthen the existing collaboration with the Commission.

This is contained in a statement signed by

Wilson Uwujaren, EFFC head of media and publicity on Tuesday.

According to the statement, Adegboye made the commendation on Tuesday when he received a delegation of the EFCC Enugu Zone, led by the Zonal Head, Mr. Johnson Oshodi at his office.

In his words, “Just like the Nigerian Army ,EFCC has been perceived in the negative by the general public, despite much responsibilities placed on both organisations and tremendous successes achieved. You cannot be deterred. Sometimes, when the attacks come, know that corruption is fighting back, do not be discouraged. Just know that you just hit the right spot.”

Stressing the importance of security and law enforcement synergy, the GOC said the military, the EFCC and the Nigerian Drug Law Enforcement Agency, NDLEA needed constant synergy to address acts of criminality in the zone.

“Count on us to always assist you in your operations here in the South East, especially those likely to turn out violent even as I encourage you to continuously liaise with other law enforcement agencies for better results,’’ Adegboye said.

Oshodi, while revealing that the purpose of his visit was to seek continued support and collaboration of the military, stated that, “we are here to synergise because we are working for the same Nigerian people and we need inter-agency co-operation to achieve a better Nigeria and fight the menace of internal insecurity. We need to team up to curtail or even apprehend the powerhouse of those who sponsor and fuel insecurity in Nigeria.”

According to him, “The menace of terrorism which you fight, is obvious cannot take place without sponsors and it involves lots of funds and laundering of those funds and this is where we come in.’’

He thanked the GOC for the support to the Commission in the areas of training and water supply.

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There Can Be Fair Hearing Without Oral Hearing.

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There Can Be Fair Hearing Without Oral Hearing.

Daily Law Tips (Tip 659) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

At several times, both judicial and non-judicial bodies/committees are set up to investigate and determine the rights and obligations of persons. It may be by employers, schools, professional bodies, religious groups, unions, associations or government. The members of such administrative bodies or committees may not be educated or lawyers but they have a duty to uphold fair hearing. In investigations, hearings and deliberations of such committees, there may be oral hearing or exchange of documents or even both. This work examines whether investigations and hearings by administrative bodies (committees/commissions/panels/groups) must be done orally or by exchange of documents or both and the implications. 

It is abecedarian, that any judicial, quasi-judicial or even non-judicial committee/commission/body/panel/group that is composed to determine or impose any decision that is likely to affect the civil rights and obligations of any person, is bound to grant fair hearing to the person. This includes administrative/executive bodies, investigative committees, panels of inquiry, tribunals and so on. There is no room or opportunity for such committees/commissions/bodies/panels/groups to be reckless rather they must be fair to all and act in good faith. Fair hearing is a fundamental human right and must be respected by all including administrative bodies (committees/commissions/tribunals/panels/groups).

To achieve fair hearing by an administrative body, must the proceedings/investigations/inquiries/findings/sessions/sittings/delibrations of such administrative body be held orally or by exchange of documents or by the combination of both procedures? This question will be answered through earlier pronouncements in the decisions of Supreme Court of Nigeria and the Court of Appeal.  Below is the position of the appellate courts and consequently the law as it is. 

1. “With due respect to the Learned Counsel for the Appellants, who has made lengthy submissions on this point, but my humble understanding of the indepth study of the cases so much relied upon, hinges on the simple fact that an administrative body, acting in that capacity, has the option to decide whether to deal with the matter before it, by oral hearing or merely on written evidence, and argument provided. Dealing with an appeal on written or printed evidence or communications only, is not, in itself a breach of the principle of fair hearing. See R. v. LOCAL GOVERNMENT BOARD EXPARTE ARLIDGE (Supra) and STUART v. HAUGHLEY PAROCHIAL CHURCH COUNCIL (1936) CHD. 32.” Per SULEIMAN GALADIMA ,J.S.C ( P. 15, paras. A-D ) in the case of GYANG & ANOR v. COP LAGOS STATE & ORS (2013) LPELR-21893(SC)

2. “It is to be noted that a party appearing before an administrative tribunal is entitled to be heard. The Apex Court had made it clear in BABA v. N.C.A.T.C. (1991) 5 NWLR (pt.192) 388 in the following words at pages 427-428. “An administrative Tribunal is not bound to follow the procedure and practice of the Court of law, that although it is bound to observe and comply with the principles of natural justice, that a person who would be adversely affected by its decision is entitled to be given adequate opportunity not only to know the case against him but also to answer it. However, he is not entitled to oral hearing unless such a hearing is expressly prescribed. The absence of oral hearing or an opportunity to be heard before an administrative tribunal does not necessarily tantamount to a denial of natural justice.” Per JA’AFARU MIKA’ILU ,J.C.A ( Pp. 27-28, paras. F-D ) in the case of BASSEY v. CIVIL SERVICE COMMISSION CROSS RIVER STATE & ORS (2010) LPELR-3858(CA)

3. “The decision of this Court in The Queen v. Director of Audit (W.R.) (1961) N.S.C.C. 292; Adedeji v. Police Service Commission (1967) N.S.S.C. 59, (1969) N.M.L.R. 102 and Hart v. Military Governor of Rivers State (1976) N.S.C.C. 622, (1976) 11 S.C. 211 appear to be on all fours with the decisions in England that an administrative tribunal is not bound to follow the procedure and practice of the court of law; that although it is bound to observe and comply with the principles of natural justice, that a person who may be adversely affected by its decision is entitled to be given adequate opportunity not only to know the case against him but also to answer it. However, he is not entitled to oral hearing unless such a hearing is expressly prescribed. The absence of oral hearing or an opportunity to be heard before an administrative tribunal does not necessarily tantamount to a denial of natural justice. Since cross-examination is an oral hearing, it follows from those decisions that its mere denial by an administrative tribunal, such as the Afinnih Panel, did not offend the principles of natural justice in the circumstances of the case.” Per MOHAMMED BELLO ,J.S.C ( Pp. 44-45, paras. C-A ) in the case of BABA v. NIGERIAN CIVIL AVIATION & ANOR (1991) LPELR-692(SC).

4. “… In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality”, The term determination in this context means reaching a decision. Where, as in this case, the body is merely exploring or investigating the facts with no intention or power to decide, there is, in my view, no determination.” Per PHILIP NNAEMEKA-AGU ,J.S.C ( Pp. 35-37, para. B ) in the case of BABA v. NIGERIAN CIVIL AVIATION & ANOR (1991) LPELR-692(SC).

Administrative bodies (committees/commissions/tribunals/panels/groups) are not courts of law and as such are not expected to employ the practice, procedures and technicalities of courts of law. However, the moment any committee/commission/body/tribunal/panel/group is determining any civil right or obligation of a person, it is said to be acting judicially and as such, it must be fair and must act in good faith while upholding the principles of natural justice and fair hearing. 

Where any committee/commission/body/panel/tribunal/group is not determining or affecting the civil rights or obligations of any person, it is not acting judicial and as such may have no obligation to uphold fair hearing. Fair hearing is being fair and granting equal opportunities to all persons. This can be achieved through oral hearing or exchange of documents or even through the both options. There is no legally established hearing option/approach/procedure for all committees/commissions/bodies/panels/tribunals/groups, unless the law/authority establishing a specific committee/commission/body/panel/tribunal/group clearly states a particular hearing option/approach/procedure. Click to read my earlier works on fair hearing. 

My authorities are:

1. Section 36 of the Constitution of Federal Republic of Nigeria, 1999.

2. The judgment of the Supreme Court of Nigeria in the case of GYANG & ANOR v. COP LAGOS STATE & ORS (2013) LPELR-21893(SC)

3. The judgment of the Supreme Court of Nigeria in the case of BABA v. NIGERIAN CIVIL AVIATION & ANOR (1991) LPELR-692(SC).

4. The judgement of the Court of Appeal in the case of BASSEY v. CIVIL SERVICE COMMISSION CROSS RIVER STATE & ORS (2010) LPELR-3858(CA)

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Nothing Happens When Women Are Raped in Nigeria

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Nothing Happens When Women Are Raped in Nigeria

The pain of women and girls simply isn’t a big deal.

LAGOS, Nigeria — In May, hundreds of thousands of people around the world became familiar with the slight smile of a young student named Uwa Omozuwa. She was studying in a church, working toward a degree in microbiology, when she was violently raped. Within days, she had died from the brutal injuries inflicted by her attacker.

When Ms. Omozuwa’s death became public knowledge, the outrage was swift and sustained. Social media was awash with posters featuring her smiling face and the hashtag #JusticeForUwa. Talk-show hosts, newspapers and blogs focused on the case. People criticized the public response of the Redeemed Christian Church of God, in one of whose branches Ms. Omozuwa was assaulted. This was extremely unusual, since Nigerians rarely engage critically with anything relating to churches.

There was a consensus position: This kind of violence is unequivocally unacceptable. Nigerian women are fundamentally unsafe. Something has to be done about it.

Within weeks of the #JusticeForUwa campaign, another high-profile rape case entered the public domain. D’banj, a pioneering and much-loved star in Nigeria’s music industry, was accused by a young woman of breaking into her hotel room and raping her.

Seyitan Babatayo made the allegations herself, on Twitter, posting pictures and details of how the assault had played out. According to her, D’banj made sexual advances through an assistant. After she refused, he somehow got a copy of her room key, let himself in during the night and raped her.

Unlike Ms. Omozuwa, Ms. Babatayo lived to tell her story. And this time the response was very different. Many — including a prominent human rights activist — cast aspersions on Ms. Babatayo and her perceptions of her experience. Her character was scrutinized (what was she doing in that hotel, anyway?), and her motives became the subject of heated speculation (clearly, she wanted some of D’banj’s fame and money). Her word alone was not enough; to believe her, Nigerians needed her body, too. But Ms. Babatayo had made the great mistake of surviving.

The hypocrisy was typical of Nigeria, a country organized around the lethal combination of a violently patriarchal culture and a puritanical relationship to sex. Here, men are actively socialized into the understanding that women exist to submit to them, meet their needs and confirm their masculinity through sexual availability. Men and boys are conditioned to exercise dominance. And the bodies of women and girls are their most ubiquitous training grounds.

Between January and May, more than 700 rape cases were reported in Nigeria. Given that rape, even when there is a robust social and judicial framework for addressing the crime, is generally underreported and sexual violence tends to be treated in Nigeria as a taboo or “family matter,” it’s safe to infer the true number is far higher. A corrupt police force only makes matters worse.

In the past five years, hundreds of women — including me — have used social media to make credible allegations about sexual violence perpetrated by actors, social media celebrities, lecturers, colleagues, politicians, musicians and pastors. We come forward online because on the internet, we have a better, even if still tiny, chance of being believed and supported. Most survivors who make these claims don’t go to the judicial system, because we know our society.

The truth is, the pain of women and girls — including the kind of pain caused by sexual violence — simply isn’t a big deal in Nigeria. If anything, generalized female pain is a fundamental aspect of our social order. The more abuse a woman is able to meekly accept, the more virtue she is accorded by the people around her. And those who speak out against abuse are put back in their place.

In 2019, for example, a photographer, Busola Dakolo, said that Biodun Fatoyinbo, pastor of a hugely popular prosperity-gospel church, raped her on two occasions about 20 years ago, when she was a minor. She was not the first woman to accuse Mr. Fatoyinbo of rape. The pastor stepped down temporarily, but was back in the pulpit within a month.

That’s the church. In the state, it’s much the same. In 2016, a male senator, Dino Melaye, threatened another senator, Remi Tinubu, with rape. “Nothing will happen!” he bragged. Not only were there no consequences for Mr. Melaye’s threat, a rally was organized in his defense — complete with branded T-shirts, banners and posters. He had spoken the truth: In Nigeria, nothing happens when women are raped.

Perhaps Ms. Babatayo knew that. Her allegations against D’banj were followed by a strange series of events. Her original tweets were deleted and promotional videos for D’banj’s music were posted to her Twitter account. She was arrested by the police and detained for two days. Eventually, after several days of intense scrutiny and upheaval, Ms. Babatayo put out a statement saying that she and D’banj had reached a mutually satisfying “non-monetary” settlement. “I just want my peace,” she said.

As a survivor myself, and one who has come forward publicly as well, I have some small idea of what Ms. Babatayo meant. It is excruciatingly unrewarding, for most of us, to raise our voices against the crushing weight of Nigeria’s culture of misogyny.

I always believed Ms. Babatayo. And I always will. When confronted with rape allegations such as those leveled against D’banj, we tend to ask, “Given the circumstances, why would this man rape someone?” But in Nigeria, the more productive question to ask is, “Why would he not?”

OluTimehin Adegbeye (@OhTimehin) is a writer and a columnist at The Correspondent.

Mixed feelings as Facebook is set to open Nigeria office next year

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Mixed feelings as Facebook is set to open Nigeria office next year

Pascal Oparada

Up to now Facebook has maintained a hub in Lagos, but now, the social media giant, has announced it would open an office in Lagos in 2021, its second office in Africa and the first to house software engineers.

This was announced by Facebook Programme Manager, Chimdindu Aneke on Twitter.

“We are opening a Facebook office in Lagos, Nigeria later in 2021”, he said.

He added that the office would be the first in Africa by Facebook for the purpose of engineering and “building for the future of Africa and beyond”.

In 2016, Mark Zuckerberg, Facebook founder and wife, Priscilla, invested about $24 million in a Nigerian startup, Andela where it has maintained a hub in the Yaba area of Lagos.

Facebook’s foray into Nigeria is seen by experts as a mixed blessing.

On the one hand, Facebook would deploy its top-notch technical knowledge and make it easier to access its cluster of services in the country.

On the other hand, there are fears that the social networking company would take advantage of Nigeria’s weak data laws to commit infractions.

In Europe, Facebook has been on the slammer for a series of data breaches, the most infamous of which is data theft of over 87 million users during the 2016 US elections.

This has prompted the European Union to roll out the General Data Protection Regulation (GDPR) in May 2018. Yet this has not stopped the social media company from running foul of other laws in Europe.

Other analysts believe there is nothing to fear as the company may have learnt its lessons from the missteps in other countries.

“Facebook is not particularly known to play by the books. When it comes to data breaches, it is the biggest culprit in the globe”, John Ogazi, a tech expert said.

According to Ogazi, it should not be an easy ride for Facebook when it finally sets up fully in Nigeria.

Many employees of the company have complained of a lacklustre attitude of the company to issues of data mining and swift action against those who propagate hate speech on the platform.

An employee, Timothy Aveni posted on LinkedIn recently that he resigned because Facebook had not held Trump to its community standards.

“Over and over the posts abhorrent, targeted messages that would get any other Facebook user suspended from the platform,” Aveni wrote.

Another engineer, Owen Anderson, wrote on Twitter that he was “proud to announce” he was resigning as he would “no longer support policies and values I vehemently disagree with.” Anderson said his departure was “in the works for a while”.

Both employees resigned the same week.

Just last week, celebrities such as Kim Kardashian boycotted Facebook and Instagram over the company’s inability to take action against misinformation.

The campaign, #StopHateForProfit, is aimed at Facebook and Instagram and has attracted such disparate individuals as Kim Kardashian West, Sacha Baron Cohen and Mark Ruffalo.

All have said they would not post to their accounts on Wednesday last week. Collectively they reach millions of followers.

Cohen is a longtime outspoken critic of Mark Zuckerberg, Facebook’s chief executive, arguing the platform is a publisher and as such should be held responsible for the materials on its site.

In remarks last November to the Anti-Defamation League, Cohen said, “It’s time to finally call these companies what they really are — the largest publishers in history. And here’s an idea for them: abide by basic standards and practices just like newspapers, magazines and TV news do every day”.

“Facebook, stop spreading the hate, lies and conspiracies that inflame our societies!” Cohen tweeted in advance of the boycott.

Kardashian West, another regular presence on social media, tweeted: “I love that I can connect directly with you through Instagram and Facebook, but I can’t sit by and stay silent while these platforms continue to allow the spreading of hate, propaganda and misinformation — created by groups to sow division and split America apart — only to take steps after people are killed. Misinformation shared on social media has a serious impact on our elections and undermines our democracy. Please join me tomorrow (Wednesday last week) when I will be ‘freezing’ my Instagram and FB account to tell Facebook to #StopHateForProfit”.

As the social media giant sets up shop in Africa’s populous country, there are worries that the over 33 million active monthly users on the platform would be the better for it.

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Students and parents complained after a Dallas high school’s class assignment placed the accused Kenosha shooter on a list of ‘modern heroes’

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Students and parents complained after a Dallas high school’s class assignment placed the accused Kenosha shooter on a list of ‘modern heroes’

This news was culled from Yahoo News publication of September 13th, 2020

Students and parents complained after a Dallas high school’s class assignment placed the suspected Kenosha shooter on a list of “modern heroes” that they could choose to defend, CNN reported.

Kyle Rittenhouse, 17, was arrested and charged with first-degree intentional homicide and a string of other felonies tied to the killing of two people at a protest in Kenosha, Wisconsin.

He was suggested as a “hero for the modern age” along with others like Malcolm X, George Floyd, Mahatma Ghandi, and even Joseph Rosenbaum, a man who was shot and killed in Kenosha, NBC reported.

KTVT which reviewed a photo of the assignment, reported that the names of Gandhi and Malcolm X were misspelled.

The school district has apologized for the assignment, which was given to seniors at W.T. White High School in the Dallas Independent School District (ISD).

“Racial equity is a top priority in Dallas ISD, and we remain committed to providing a robust teaching environment where all students can learn. It is important that we continue to be culturally sensitive to our diverse populations and provide a space of respect and value,” Robyn Harris, director of news and information for Dallas ISD told Business Insider in a statement.

Harris said the assignment was removed from Google Classroom and students are not required to complete it. The teacher who assigned it has not been identified by the district.

According to district data, 81% of the students at the school are Hispanic and 10% are African American.

“The juxtaposition of George Floyd’s name with Kyle’s name was just astounding,” Kristian Hernandez, whose younger brother attends W.T. White High School told KXAS about the assignment. “The value of Black lives are not up for debate, and that’s what it felt like this was sort of getting at — by way of the names that were included.”

Hernandez said her brother was in “disbelief” that this was assigned

At least one in five board members of Nigeria’s top companies are female, well above the world average of 17% for female representation on boards.

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At least one in five board members of Nigeria’s top companies are female, well above the world average of 17% for female representation on boards.

Three of the top 20 most-capitalized firms in Nigeria have a woman as chair of the board, The Professional Women Roundtable, a Lagos-based gender diversity consulting firm, said in survey published Friday.

Nigerian banks have the most women on their boards, or at least a quarter of board positions. The central bank recommends that lenders allocate at least 30% of board seats to women.

With one in four board positions taken by women, Africa generally has the highest proportion of women on boards, beating second-placed Europe at 23% and global laggard Latin America at 7%, the McKinsey Global Institute said in a report last year. While Nigeria may rank slightly below other African nations such as Botswana and Kenya, Friday’s survey shows that Nigeria still does well at 21%.

Companies that include women in their executive teams are 25% more likely to have above-average profitability, McKinsey said earlier this year.

Political Underrepresentation

Nigeria’s gains in business stand in stark contrast to the position of women in politics. Africa’s most populous country has the lowest proportion of female lawmakers on the continent, according to the Inter-Parliamentary Union, an advocacy group that tallies representation.

Women hold only 4% of seats in the lower house of Parliament, placing it number 184 out of 193 countries for which the Geneva-based group has data. Rwanda ranks highest globally, with 61%.

Nigeria has never had a female president or vice president, and not a single governor of its 36 states has ever been a woman.

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UNILAG alumnus bags 50-years imprisonment for raping student on campus

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UNILAG alumnus bags 50-years imprisonment for raping student on campus

An Ikeja Sexual Offences and Domestic Violence Court on Monday sentenced John Otema, an alumnus of the University of Lagos, to 50-years imprisonment for raping a 19-year-old student of the institution on campus.

The News Agency of Nigeria (NAN) reports that 34-year-old Otema, a quantity surveyor and facilities manager, was charged before Justice Abiola Soladoye with three counts of rape and assault occasioning harm on two female students.

He was found guilty on two-counts of rape and assault occasioning harm in respect of the rape of the 19-year-old student (Student X) and was, however, found not guilty on a charge of raping a 20-year-old student (Student Y) of the institution.

He bagged 50-years in prison for the rape and three-years in prison for the assault on student X with both sentences to run concurently.

In absolving Otema of raping student Y, Justice Soladoye noted that the demeanor of student Y in her testimony was mischievous and she would not have claimed that she was raped if Otema had paid her the N50, 000 agreed upon before their rendezvous.

The judge quoted a portion of student Y’s testimony which stated,“With intention to scare him off, I asked him for N100,000 but he said he will give me N50,000.

“I gave him my account number but he did not credit my account. Friendship with benefits was the crux of our relationship.”

The judge described student Y as a game player who had embarked on a sexual frolic.

“The defendant, John Osagie Otema in respect of count-one (rape) is found not guilty as there is overwhelming evidence before the court that sexual intercourse between the defendant and PW2 (Student Y) was consensual as it was friendship with benefits,” she said.

In convicting Otema of rape and assault occasioning harm of student X, Justice Soladoye noted that in addition to medical evidence and photographs tendered by the prosecution, student X had also identified the defendant as her assailant who bit her back and punched her eyes.

“For count-two (rape), the defendant is found guilty and is hereby sentenced to 50-years in prison as it the evidence adduced before this court has been proved beyond reasonable doubt by the prosecution.

“With regard to count-three (assault occasioning harm) the defendant is found guilty and is hereby sentenced to three-years in prison as the prosecution has done its job diligently by proving the charge beyond reasonable doubt.”

The judge decried the spate of sexual violence committed against women and girls.

“This State of Excellence has zero tolerance for this sort of crime and the punishment meted out to the defendant will serve as a deterrent to other sex offenders that they too will be caught and brought to justice.

“Women and girls like every other member of the society should be respected and not be turned into prey by sex maniacs,” she said.

Earlier the defence counsel, Mr Fred Onyeka, in his allocutus (plea for mercy) said that Otema is a young man with aged parents who also had his whole life ahead of him.

“He had the misfortune of this matter coming upon him not long after he left UNILAG. He had a good job before this incident occurred and was destined for the very top of his career.

“What has happened will definitely truncate the prospects of his rise to the top of his career if my lord’s intervention in sentencing him does not happen,” Onyeka said.

NAN reports that during the trial, six witnesses – the two students, a policewoman, Insp. Nkem Ejelonu and three UNILAG staff members testified for the prosecution.

Otema, testified solely in his defence. During his testimony he denied committing the offences.

According to the prosecution led by Mrs Arinola Momoh-Ayokanbi, Otema had sexual intercourse with the student Y without her consent on Jan. 31, 2018 at his home at No. 6, Ajileye St., Bariga, Lagos.

The prosecution claimed that earlier that month, Otema had raped student X within the premises of the institution.

“On Jan. 17, 2018 while coming from her hostel to Moremi Hall, Otema parked his car and asked student X for directions to Moremi Hall. He compelled her to enter the car under the guise of giving her a ride.

“He auto locked his car and drove her to the Distant Learning Institute (DLI) area where he assaulted her by punching her face several times, he bit her back, ordered her to undress and took her nude photos.

The offences contravene Sections 173 and 260(1)(2) of the Criminal Code, Law of Lagos State 2015.

21.7m Nigerians are unemployed and 12.2m of them are female – NBS

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21.7m Nigerians are unemployed and 12.2m of them are female – NBS

THE National Bureau of Statistics (NBS) says a total of 21.7 million Nigerians are currently unemployed while 12.2 million among them are female.

According to the NBS’ Labour Force Statistics: Unemployment and Underemployment Report released on Monday, 9.5 million unemployed Nigerians are male.

The report indicates that the country’s unemployment rate within 18 months, rose to 27.1 per cent in the second quarter (Q2) of 2020 from the 23.1 percent recorded in the third quarter (Q3) of 2018.

This indicates more than 17 million Nigerians have become unemployed since December 2014, while the total working age population has grown by almost the same number in the six years, the Cable reports.

The report states that the number of persons in the economically active or working age population (15 – 64 years of age) during Q2 of 2020 was 116,871,186, representing a 1.2 percent increase, from 115,492,969, the figure recorded in Q3 of 2018.

It further showed that the number of persons in the labour force ( people within ages 15 -64, who are able and willing to work) was estimated to be 80,291,894, adding that this was significantly less at 11.3 per cent, than the number of persons recorded in Q3 of 2018.

Of the number of people in the labour force, the report pointed that only 58,527,276 were recorded to be in employment, in Q2 of 2020, representing a fall by 15.8 per cent than the people recorded to be in employment in Q3 of 2020.

According to the report, Imo State reported the highest rate of unemployment at 48.7 per cent, while Anambra recorded the lowest rate of unemployment at 13.1 per cent.

Other states like: Akwa-Ibom State and Rivers State recorded unemployment rate of 45.2 percent and 43.7 percent respectively.

In June, Vice President Yemi Osinbajo disclosed that the economic sustainability committee, which he chairs, received projections that the number of unemployed people may rise to 39.4 million by the end of 2020 if the government did not take prompt measures.

“That unemployment may rise to 33.6 percent or about 39.4 million people by the end of 2020 if we fail to take prompt preemptive measures; that millions more will fall extreme poverty before the pandemic ends; that GDP may fall to between minus 4.40 per cent and minus 8.91%, depending on the length of the lockdown period and strength of our economic response,” Osinbajo had said

These projections balance on the rear view of likelihood of Nigeria plunging into its second recession in four years.

Clement Agba, the Minister of State for Finance, Budget and National Planning on Thursday warned that the Nigerian economy may likely fall into another recession, unless there is a strong economic performance in the third quarter of 2020.

icirnigeria

Ernest Maduabuchi Ojukwu: The Teacher at 60

Law & Society Magazine
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Ernest Maduabuchi Ojukwu: The Teacher at 60

“Our only hope lies in reforming, reappraising and reorganizing the judicial system not only from the point of appointment of personnel but also to the structural imbalance that affects its independence” — Prof. OjukwuAdvertisement

Sitting in class waiting for the lecturer and in walks a man, pulling his briefcase, smartly dressed in a suit, with a bow tie and a measured smile. He is the new lecturer.

He introduced himself as Prof. Ernest Ojukwu, Law of Contract lecturer. He summarized what to expect of the course; the mode of teaching, view on examination; what he expected of us as students being hard work, and that all shall be well otherwise, as Prof. Ojukwu told us, ‘you will see me in your nightmares’.

What he did not say, however, was that we would see him in our “daymares” too. His demand for understanding was high; you could not waltz your way with him; he was too deep, most grounded, and too discerning to be swayed by a mere puff. You had to know what you were talking about, and you had to know through study. And in that way, he changed the game to our study of law.

Soon we realized we did not like the feeling of avoidable ignorance we were sure he would point out and which we would have cured if we were more diligent. We took a decision, four of us- we later progressed to about seven – to study so hard, to know it so well that any grey area was understandably pardonable.Our decision meant more time to read Prof. Sagay’s Law of contract, read all materials he gave, google beyond the pages of textbooks, argue possibilities of engagement with the law, and to have answers and questions ready for him. It was not easy. When we gathered for our involuntary study group on Saturdays -Sundays inclusive- we would nag about Prof’s expectations, then get down to read, argue, and complain intermittently, especially when the law gets too knotty for our brains to assimilate at that moment. In due time, we would inevitably express the pleasure that comes from understanding new knowledge.

Those sessions of knowledge discoveries acquainted us with jurists and their reasoning; some we criticized, applauded, and others we were in awe of like the legendary Master of the Rolls- Lord Denning at which point law took a different meaning for me.

We feared and loved him. We hated him for the workload his expectations required; and we loved him more fiercely for the knowledge he impacted in us, in no time, we were studying the Law of Contracts and other courses except for Constitutional Law taught by the formidable Prof. Epiphany Azinge. Prof.Ojukwu was strict yet kind, firm but would enjoy a laugh or two with us, he cared for us but was impartial in his demand for distinction. He seemed to believe through his conduct the words of Justice Oliver Wendell Holmes ” A mind that is stretched by a new experience can never go back to its old dimensions” he, without doubt stretched our minds by knowledge, the knowledge he gave and demanded in return. He is a principled man.

Prof. Ojukwu is an assured man; you could take him on in class without fear. I remember several times I would say “sir, I’d like to challenge your position on this” and he would say without fail “sure!” and I will go for it, he will unambiguously concede where I was right and reaffirm where he was right without condescension. Prof. Ojukwu is both knowledgeable and gracious.

He encouraged performance appraisal of lecturers anonymously from students; he opined, feedback had to be both ways, and the faculty would share appraisal forms to the class. No slacks were allowed. He also patterned the length of his lecture with scientific research, using only the hours of optimal assimilation and nothing more. He brought about the pre-class mode of study which is front-loading students with pending topics to enable them to prepare and attempt prepared questions before each class. Any gap in knowledge often resulted from skipping questions in the pre-class; this you may get away with but not in Prof. Ojukwu’s class. He is uncompromising and thorough.

By the time contract class ended, our study pattern was formed, other courses became beneficiaries of his instilled discipline. I would yet encounter Prof. Ojukwu in the Law of Evidence course (with a repeat pattern of Law of Contract demands), Public Interest and Social Justice Law, and during our Clinical and Moot Court Practice. Every other lecturer knew that our class–especially the study group members- was no pushover. Lecturers took extra time to prepare before coming to lecture us; we were studious, knowledgeable, vocal, and unafraid- frankly, one could not go through Prof’s grill without being these and more. He is top of the range.

I am thankful to have been his student, actually; proud.

As Professor Ernest Maduabuchi Ojukwu (SAN)turns 60 years old today, our legal education has been the best beneficiary of his gifts, sacrifices, generosity of knowledge, and contributions. Reputed as the teacher’s teacher, the possibility of your law teacher being a former student of his is very high. Ojukwu graduated as a lawyer in 1983 from Obafemi Awolowo University Ile-Ife at twenty-three, was called to the Nigerian Bar in 1984 and subsequently earned his Master of Laws Degree in 1987.

He began his career at twenty five when he joined Abia State University as an Assistant Lecturer in 1985, he would become an Associate Professor (1998) and appointed Dean Faculty of Law, Abia State University, Uturu at 35 years (1995- 2001) Deputy Director-General and Head Nigerian Law School, Augustine Nnamani Campus Agbani, Enugu (2001-2013), Professor of Law Madonna University (2014-2016), Adjunct Professor LLM International Commercial Arbitration Nasarawa State University, External Examiner and Professor of Law at Baze University, External Examiner Kenyatta University Nairobi Kenya, Visiting Scholar, Griffith University Law School Socio-Legal Research Center Brisbane, Australia.

Prof. Ojukwu, has led an active career, he concluded his NYSC- Legal Aid Yola (1984-1985), Counsel, Law Firm of GNA Atulomah and Co, Aba (1985- 1988), Partner Ekenna Nwajei Nwauche & Ojukwu Aba(1988- 1992), Partner, Nwonye and Ojukwu, Aba (1992-2001) a Partner – OJUKWU FAOTU & YUSUF (OFY-Lawyers), Aba, and Abuja (2014) and conferred with the rank of Senior Advocate of Nigeria (SAN) at the Supreme Court of Nigeria in 2014.

A pioneer per extraordinaire, he was the Pioneer/Project Director NBA Institute of Continuing Legal Education, 2006-2010, and 2012-2014. He drafted the Nigerian Bar Association Mandatory Continuing Legal Education Rules and Guidelines – that drives the mandatory continuing legal education program for the legal profession – and set up the NBA Institute of Continuing Legal education in 2007. He produced the draft- Rules of Professional Conduct for Legal Practitioners in force today and designed a clinical legal education curriculum for law faculties and led the design and implementation of a new curriculum for Nigerian Law School. Beside the Legal Practitioners Act, Ojukwu also drafted bills on Legal Education and Legal Services Commission. Which is before the National Assembly.

Ojukwu is also the pioneer and advocate- introducing Clinical Legal Education in Nigeria (and West Africa), now established in over 40 Law Clinics in Nigerian Universities and the Nigerian Law School – committed to training public interest lawyers for the advancement of social justice for pre-trial detainees and the underserved population unable to afford legal services. As President, Network of University Legal Aid Institutions (NULAI) Nigeria – the platform through which he has continued to achieve his dreams of promoting clinical legal, justice education and reform of legal education in Nigeria; he has conducted and organized client interviewing and counselling skills competitions for law students for over 12 years in Nigerian universities.

Prof. Ojukwu’s over 35 years passion for teaching is unmistakable – Law teacher at Abia State University for 15 years (1985-2000)–taught Nigerian Legal System, Criminal Law, Business Law, Conflict of Laws and Human Rights Law at the LLB; Comparative Criminal Law and Civil Litigation and ADR at the LLM. 13 years (2001-2014) Law Teacher at the Nigerian Law School where he taught Civil Litigation, Fundamental Rights-the procedure, ADR, Professional Skills, and Ethics. Supervised many LLM dissertations; and conducted many clinical legal education conferences, teacher training, and curriculum development workshops in Nigeria.

A selfless contributor and active member of the Nigerian Bar Association, he has served in various capacities – Secretary, NBA Aba Branch (1992-1993); Chairman NBA Aba Branch (1997-1999); Sole Member NBA Sub Committee to Investigate Complaints Against Legal Practitioners, 1999;

Chairman, NBA Law Reform Committee (2002-2004); Founder, President, NBA Eastern Bar Forum (2004-2011); Chairman, NBA Legal Education Committee (2006-2008); Co-Chair, NBA Editorial Committee (2002-2004); Chairman NBA Editorial Committee–during which ten volumes of the Nigerian Bar Journals were published (2006-2008); Chairman NBA Academic Forum (2003-2004; 2006-2008 & 2012-2014); Co-Chairman, NBA Conference Planning Committee 2003; Alternative Chairman, NBA Summit on the Future of Legal Education in Nigeria, 2006; and Chairman NBA Strategic Plan Working Group 2012. Member,NBA Special Committee (Made up of President Agbakoba SAN, General-Sec Lawal-Raban, SAN, and Prof Ernest Ojukwu SAN) on the Review of Rules of Professional Conduct (2007).

A prolific author of over eight books, including-Legal Education in Nigeria: A Chronicle of Reforms and Transformation under Tahir Mamman,  a Contributing Author, to 2 International books on clinical legal education, (1) The Global Clinical Movement- Educating Lawyers for Social justice (Oxford University Press) edited by Frank S. Bloch; and(2) Rethinking Legal Education Under the Civil and Common Law: A Road Map for Constructive Change, (Routledge) edited by Richard Grimes; and a Co-Author–Clinical Legal Education: Curriculum, Lessons and Materials, 2013; Handbook on Prison Pre-trial Detainee Law Clinic, 2012; Manual on Prison Pre-trial Detainee Law Clinic, Abuja, 2012; Street Law: Child Rights Manual.; Impact Assessment of Clinical Legal Education in Nigeria; and Freedom of Information: Handbook for Law clinics, 2015. He has delivered over 300 papers at conferences and workshops.

Worthy of mention, Prof. Ojukwu is a member of the Nigerian Bar Association, Nigerian Association of Law Teachers (NALT), International Bar Association (IBA), Commonwealth Legal Education Association, President Network of University Legal Aid Institutions (NULAI Nigeria)- An Association with the objectives of development of clinical legal education and legal aid and Global Alliance for Justice Education (GAJE).

In recognition of his contributions to humanity and the legal profession, Ojukwu has been awarded the Merit Award by the Nigerian Bar Association Aba branch “in recognition of years of selfless dedicated and meritorious service to the bar”; the GOLD MERIT Award for outstanding Contribution to Isuikwuato and humanity by the Isuikwuato Traditional Rulers Council. The traditional title of GBAONWA-GBAONWA Agbonelu, by his community Agbonelu Ahaba Imenyi Isuikwuato LGA Abia State. Award of Excellence and Recognition by Agbonelu Autonomous Community, Ahaba Imenyi Isuikwuato LGA Abia State. Nigerian Bar Association Aba branch merit award for outstanding contribution to legal education in Nigeria and the most contribution to the development of the Nigerian Bar Association Aba Branch, by the Nigerian Bar Association Aba branch, to note a few.

Prof. Ojukwu has led an exemplary life of immeasurable value, and history, beyond the law, will be most gracious to him. He has given so much, generations after us will be thankful for his diligence to his work. If he decides to stop his contributions, history will still be overwhelmingly gracious, having lived more life in 60 years than a thousand men.

People with his commitment, talent, and grit are in short supply; he is over and above the legal profession, a treasure.

On this occasion of his 60th birthday, to say “thank you” seem most inadequate for his contribution to my life, even though I have left the formal setting of his classroom; Prof. still follows my progress, supports my strides, motivates me, and commends me when I do well. He is among the foremost people I reach out to for guidance and clarity, and he obliges me all the time and never fails to let me know his expectations for my growth. I am thankful for the privilege of this access and mindful of the rarity of it.

May life rewards his work with the country he longs for, may more successes be his; may the legal profession rise to the standard of his noble expectations, and may we all walk in these footsteps he has so engraved beyond the power of any erasure.

Happy birthday, Prof. Ernest Maduabuchi Ojukwu SAN and sir, thank you for your service.

@FlorenceOzor

Lifelong student

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