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Who Takes Over the Property After Divorce?

Who Takes Over the Property After Divorce? Daily Law Tips (Tip 793) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

 Introduction:   

There is a video showing a heavily bearded-man, that claims that where there is a divorce in Nigeria, the wife will not benefit from the property of the husband, unless the wife proves that she contributed financially to such property. And, that the wife will only get a share that equals her contributions. He compared the alleged Nigerian position with the cases of Jeff Bezos and Bill Gates, where their wives got (or may get) fortunes from the properties of their ex-husbands, without proof of contribution.

The content of the said video is a half-truth, having in mind the laudable and progressive legal innovations in the Nigerian matrimonial jurisprudence. This work will rely on some well researched academic works and the judgements of the appellate courts in Nigeria, to showcase the true position of Nigerian law on marital property settlement/sharing after divorce. It must be pointed out that section 72 (1) of the Matrimonial Causes Act is the basis for every settlement of property of divorced parties. This section grants discretion to courts to settle property of divorced couples in a manner that is “… just and equitable in the circumstances of the cases ….”. 

Since divorce and settlement of marital property is the issue here, the Married Women’s Property Act 1882 will not be considered at all, because the federal law is used to determine ownership of property between married couples, where there is no divorce. The Married Women’s Property Act 1882 applies to married couples under the English Marriage, that are not divorced or divorcing. 

The marriages to be considered in this work are the marriages made under the Marriage Act (ie, English Marriages). Hence, Customary Marriages and Islamic Marriages are omitted in this discussion. By the way, Customary and Islamic Marriages share property after divorce according to the customs and Islamic teachings that are not contrary to the Constitution of Nigeria. Ironically, most customs vests properties after divorce on the husbands and not on the wives (even where wives contributed to the property). This practice is against the fairness and equality preached by the Constitution of Nigeria, and will be discussed in a separate work. 

Marriage, Divorce and the Marital property:

An English Marriage (Statutory Marriage) is the union of a man and a woman for life to the exclusion of all other persons and in accordance with the federal law on marriage (the Marriage Act). The marriage rites start from the Marriage Registries, where statutory notices are given. Also, the marriage may end in the Marriage Registry or in a licensed place of marriage, with a celebration of marriage having in attendance at least 2 witnesses. The celebration of marriage must be conducted before 6:00pm in the evening if in a licensed place of worship and 4:00pm if in a Marriage Registry. 

English marriages are not immune to divorce and divorce comes with the need to share/settle the property of the marriage and the obligations towards the children of the marriage, that are less than 21 years old. Where there is a divorce and a settlement of property is needed, all the properties of the spouses are considered, including the property owned separately or jointly. It means that a property in the name of either spouses or in their joint names are to be considered, as well as a property that belongs to any of them but in the name of a third party (trustee). Properties already settled by a Pre-Nuptial or Post Nuptial agreements are also to be considered by the court, since such agreements are never final in Nigeria. 

Marital property has not been defined by any law in Nigeria. However, the Nigerian courts have tried to define this term or make conclusions as to what it is. In the case of MR. THEOPHILUS OKEY ANIETO v. MRS. VERONICA EBELE ANIETO (2019)LCN/12987(CA), the court explained marital property, when it stated, that; “It is however essential that the property should have been purchased in the course of the marriage or where the property was purchased before the marriage, that the payment for the property was completed after and in the course of the marriage, as in the case of a property purchased on mortgage ….”. Hence, it is safe to conclude the martial property is a property that its full ownership was acquired the course of marriage by any of the spouses. 

It is important to point out that many scholars have argued that by the words of the Matrimonial Causes Act, the court cannot share property (in the sense of transferring titles) in cases of termination of marriage but can only settle properties (by giving access and possessions to property according to needs of parties). Hence, the scholars further differentiated the settlement of marital property from the sharing of marital property. 

A critical look at the Matrimonial Causes Act, specifically sections 70, 71, 72 and 73, rather reveals the unlimited powers of the courts in determining the fate of all properties of spouses, where there is divorce. It does not focus on ownership of property, since undoubtedly, ownership rests on the marriage union and their participants. Rather it focuses on the management (sharing and settlement) of the property for the benefits the participants of the marriage union. Property ownership are issues of land law and corporate law and not family law (divorce), in a sense. 

At this point, this work will defeat the temptation of delving into the jurisprudence of sharing and settlement of property but focus on legal awareness on the powers of courts to direct the affairs of marital property for the good of spouses and their children. To this end, sharing of marital property and settlement of marital property are used interchangeably to mean one and same thing; the determination of the fate of property for the benefit of spouses and their children, to ensure post marriage wealth redistribution and adjustment. 

 Settlement/Sharing of Marital Property: 

By agreement, a couple may settle their property through a Pre-Marriage Agreement (Pre-Nuptial Contract) or a Post-Marriage Agreement (Post-Nuptial Contract). Above all, all agreements towards the sharing and settlement of marital property must be presented to a State High Court for the Judge to verify it and ensure that it is “… just and equitable in the circumstances of the cases …” and in line with the Matrimonial Causes Act (a federal law for termination of English marriages). To this end, there cannot be a valid and lasting settlement of marital property without the orders and blessings of a court of law.

Only the State High Courts and the High Court of the Federal Capital Territory, Abuja, can entertain and resolves cases of divorce and settlement of marital property in English marriages. Hence, the Magistrate Courts, Customary Courts, Area Courts and National Industrial Court cannot entertain such cases, in any part of Nigeria. The judges of the High Courts are to settle marital property by applying fairness, equality, equity and in line with the needs of spouses and their children. However, there are two major approaches or models that judges in Nigeria apply in the settlement of marital property, and there are the Male-Chauvinist Approach and the Egalitarian Approach.  

  1. The Male-Chauvinist Approach:

The most common approach in the settlement of property in Nigeria is the Male-Chauvinist Approach, where judges focus only on the strict property title rights. The Spouse whose name is on the title document of a marital property is deemed the owner, unless the other spouse has documentary evidence of co-ownership/joint ownership or tangible contribution to the same property. Often, marital property titles are in the name of male spouses, so that the Male-Chauvinist Approach is seen to favour most male spouses. 

The Male-Chauvinist Approach focuses only on the direct financial or non-financial contributions of spouses towards a property, for it to conclude that there is a joint ownership. It relies a lot on the principles in the case of ONABOLU v. ONABOLU (2005) 2 SMC 135; that “… a person who claim to be the joint owner of a property must be able to quantify his contribution. He must give detailed particulars and support them where necessary with receipts of what he bought towards the building of the property…”.

This model is simply, a garbage in, garbage out system. In this a husband or wife receives only what he/she proves to have DIRECTLY contributed FINANCIALLY/NON-FINANCIALLY towards the property of the marriage. And, whatever contribution that cannot be proven is lost and the marital property lost too. It is title-finding oppressive and highly conservative. It does not consider the INDIRECT, INVISIBLE and often UNQUANTIFIABLE contributions of spouses towards marital properties. 

It is on its own, a contradiction of the principle of family contract, where contracts are often oral and unwritten, made in beds and kiss, without any fear of breach of contract. The Male-Chauvinist Approach is narrow, discriminatory, male-biased and divisive. It treats marital property and contributions to it in isolation to all other marriage sacrifices and contributions and also expects every family agreement to be documented. 

This approach pays deaf ears to the realities of Nigerian marriages, where wives do a lot of unpaid family chores and also serve their husbands, for their husbands to focus their own resources towards acquiring marital property for the family. The Male-Chauvinist Approach says that a wife that took care of all household groceries and children school fees, so that the husband could focus his own resources on acquiring a family house, has not made any contribution to the family house. 

It is an unfair approach designed to oppress women and wives, and has a strong origin in the customary laws in Nigeria, where wives are may helpers and properties of their husbands. The Male-Chauvinist Approach is a sympathizer to the repugnant customary systems, where “wives are mere properties and as properties, cannot own properties”. It puts the onus on wives to show documentary proofs of their contributions to the ownership of a marital property, even where there are obvious proof that wives earned more and even took care of other family affairs and cost. 

Male-Chauvinist Approach was enforced in the cases of Amadi v Nwosu 1992 Legalpedia SC UJBT 1, 4; Akinboni v Akinboni [2002] 5 NWLR (pt 761) 564; Essien v Essien [2009] 9 NWLR (Pt 1146) 306, 331-332; Egunjobi v Egunjobi (1976) 2 FNLR 78; Kafi v Kafi [1986] 3 NWLR (Pt 27) 175 (although the court recognized the unquantifiable and quantifiable contributions of the wife); Nwanya v Nwanya [1987] 3 NWLR (Pt 62) 697; Sodipe v Sodipe (1990) 5 WRN 98 and many others. 

  1. The Egalitarian Approach:

The Constitution of Nigeria is fixed on fairness and equality of all persons (egalitarianism), including husbands and wives. Also, the Constitution overrules all other laws, customs and judgements in Nigeria, including the Matrimonial Causes Act. The Egalitarian Approach in settlement and sharing of marital property, treats spouses are equals and takes into account their wholistic contributions to the marriage. 

It focuses on the DIRECT and INDIRECT, VISIBLE and INVISIBLE, QUANTIFIABLE and UNQUANTIFIABLE contributions of spouses towards marital properties. It is liberal, open-minded and unbiased towards any spouse or sex, by treating all spouses equally and fairly. Hence, marital properties are considered to be jointly owned by both spouses, since both contributed in diverse ways towards the marriage itself and not towards specific items and properties.

In the face of marital realities, wives, often play non-financial roles towards property acquisitions and as such must not be left out in the sharing of marital properties. In some cases, wives earn salaries and own large investments, after all they are human beings. Where because of undeniable closeness to children, wives orally agree to focus their wealth on the education and advancement of the children, while husbands focus theirs on marital properties, it is injustice for any court to deny that the wives are co-owners of the marriage properties.  

Under the Egalitarian Approach, the justice-focused courts, rely on the principle of equity to determine the rights of spouses to a property and not on proof of financial/non-financial contributions to the property. This is a property redistribution model. Under this, every ex-spouse is compensated from the wealth of their union. The sense here, is that while a spouse (mostly a wife) makes food, babysits and focuses on house chores, she indirectly contributes to the purchase of any marital property by her spouse. With this approach and model, the cases of Jeff Bezoe and Bill Gates (where their wives got chunks of the investment of their husbands, without having any direct contributions to such) would have also been same in Nigeria. This model is adjustive, equitable and reflective of Nigerian families. 

The Egalitarian Approach is supported by the judgments of Nigerian appellate courts in the cases of Oghoyone v Oghoyone [2010] 3 NWLR (Pt 1182) 564, 584 (CA); Okere v Akaluka (2014) LPELR-24287 (CA) 1, 60-61; MR. THEOPHILUS OKEY ANIETO v. MRS. VERONICA EBELE ANIETO (2019)LCN/12987(CA) and others. Some of the positions of the courts on the Egalitarian Approach in the above cases are briefly discussed below; 

  1. The court in the case of Mueller v Mueller [2006] 6 NWLR (pt 977) 627, where a man claimed a joint ownership of a marital property and the court, held that; “As husband and wife there is nothing wrong in buying property in the name of one of the parties. Such still remains marital property which belongs to the parties jointly”. 
  2. The court in the case of Oghoyone v Oghoyone [2010] 3 NWLR (Pt 1182) 564, 584 (CA), opined that; “Bearing in mind the changing social and economic realities, a Judge is to ascertain the parties shared intentions, actual, inferred with respect to the property in the light of their conduct. In that light I am satisfied that when the going was good the parties made contributions to ensure that they had good living accommodation. When the going turns bad it is only right and equitable that each side recoups its contribution and call it a day.”
  3. In the case of Okere v Akaluka (2014) LPELR-24287 (CA) 1, 60-61, the court stated, that; “Rather, the dictum of Denning, M.R. in the Falconer’s case (supra) where he held that sometimes the indirect contributions of a wife to the marital property cannot be quantified in monetary terms which would entitle her to a share in the property should apply, accords with modern reality particularly where the parties were husband and wife of Christian and Statutory marriage. Thus, it was held in the Falconer and Rimmer cases, that wives were entitled without further proof to share in the marital property acquired during marriage since it was the performance of their functions as wives that enabled their husbands (if at all in this case ) to perform theirs.”
  4. In the recent case of MR. THEOPHILUS OKEY ANIETO v. MRS. VERONICA EBELE ANIETO (2019)LCN/12987(CA); “… it is correct that the contribution of a party does not necessarily have to be in the nature of cash outlay for the purchase or development of the property. It can be by way of moral and/or financial contribution to the business of a husband by a wife where the property is purchased from the profits of the business… It is however essential that the property should have been purchased in the course of the marriage or where the property was purchased before the marriage, that the payment for the property was completed after and in the course of the marriage, as in the case of a property purchased on mortgage.?”

Conclusion: 

English marriage can only be terminated by a court of law and the marital property shared by the court, among the spouse and for the benefit of the children, in a manner that is “… just and equitable in the circumstances of the cases …”. Hence, the fairness in the settlement and sharing of marital property sits on the plates the judges of the High Court. Judges are encouraged to be egalitarian at all times, focusing on fairness to all spouses under the Egalitarian Approach in the settlement of marital property. 

While, there are calls for the amendment of the Matrimonial Causes Act (MCA) to expressly acknowledgment indirect and invisible contributions of spouses towards marital property, progressive judges are already exercising their powers under section 72 of the MCA, fairly and equitably by adapting the Egalitarian Approach in the settlement of marital property. There is no need to wait for legislative changes, where judges have discretion. Hence, there is need for some of the matrimonial cases to reach the apex court (the Supreme Court of Nigeria) for the court to lend its voice and weight to the Egalitarian Approach.  

My authorities, are:

  1. Sections 1, 2, 3, 4, 5, 6, 33 to 45, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
  2. Section 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 33, 34, 35, 39, 42, 46, 47 and 49 of the Marriage Act, 1914. 
  3. Sections 1,2, 15, 16, 70, 71, 72,  of the Matrimonial Causes Act, 1970 
  4. The judgment of the Court of Appeal in the case of Mueller v Mueller [2006] 6 NWLR (pt 977) 627.
  5. The judgment of the Court of Appeal in the case of Oghoyone v Oghoyone [2010] 3 NWLR (Pt 1182) 564 or <Oghoyone v Oghoyone [2010] 3 NWLR (Pt 1182) 564> accessed 14 May 2021
  6. The judgment of the Court of Appeal in the case of Okere v Akaluka (2014) LPELR-24287 (CA) 1, 60-61 or  <https://lawcarenigeria.com/nicholas-okere-v-theresa-akaluka-2014/> accessed 14 May 2021
  7. The judgment of the Court of Appeal in the case of MR. THEOPHILUS OKEY ANIETO v. MRS. VERONICA EBELE ANIETO (2019)LCN/12987(CA) <https://lawcarenigeria.com/mr-theophilus-okey-anieto-v-mrs-veronica-ebele-anieto-2019/> accessed 14 May  2021
  8. Chinedu Efe and Oghenerioborue Eberechi, “Property Rights of Nigerian Women at Divorce: A Case for a Redistribution Order” [2020] 23 PER / PELJ  <https://journals.assaf.org.za/index.php/per/article/view/5306/9841> accessed 18 May 2021. 
  9. Michael Attah, “Divorcing Marriage from Marital Assets: Why Equity and Women Fail in Property Readjustment Actions in Nigeria” [2018] 62 (3) Journal of African Law <https://www.cambridge.org/core/journals/journal-of-african-law/article/divorcing-marriage-from-marital-assets-why-equity-and-women-fail-in-property-readjustment-actions-in-nigeria/B512621F1AB0FEC1BFF99ABD01B9F471> accessed 18 May 2021
  10. Efe Etomi and Elvis Asia, “Family law in Nigeria: overview” (Thomson Reuters, 2020) <https://uk.practicallaw.thomsonreuters.com/6-613-4665?transitionType=Default&contextData=(sc.Default)&firstPage=true> accessed 14 May 2021
  11. Onyekachi Umah, “Custody of Children of Traditional Marriages and the “Chichidodo” (LearnNigerianLaws.com, 18 February 2021) <https://learnnigerianlaws.com/custody-of-children-of-traditional-marriages-and-the-chichidodo/> accessed 11 March 2021.
  12. Onyekachi Umah, “How To Be Legally Married” (LearnNigerianLaws.com, 6 March 2016) <https://learnnigerianlaws.com/how-to-be-legally-married/> accessed 11 March 2021
  13. Onyekachi Umah, “English Marriages Outside Marriage Registries and Churches Are Valid” (LearnNigerianLaws.com, 28 September 2020) <https://learnnigerianlaws.com/english-marriages-outside-marriage-registries-and-churches-are-valid/> accessed 11 March 2021.
  14. Onyekachi Umah, “When Can Churches Dissolve Marriages?” (LearnNigerianLaws.com, 25 August 2020) <https://learnnigerianlaws.com/when-can-churches-dissolve-marriages/> accessed 11 March 2021
  15. Onyekachi Umah, “3 Steps to a Valid English/Court Marriage” (LearnNigerianLaws.com, 21 August 2020) <https://learnnigerianlaws.com/3-steps-to-a-valid-english-court-marriage/> accessed 11 March 2021
  16. Onyekachi Umah, “Minimum Number of Guests for Marriages in Nigeria” (LearnNigerianLaws.com, 14 August 2020) <https://learnnigerianlaws.com/minimum-number-of-guests-for-marriages/> accessed 11 March 2021
  17. Onyekachi Umah, “Forget Hollywood & Nollywood: In Nigeria, Marriages Cannot End By Signing Of Divorce Papers.” (LearnNigerianLaws.com, 23 July 2020) <https://learnnigerianlaws.com/forget-hollywood-nollywood-in-nigeria-marriages-cannot-end-by-signing-of-divorce-papers-daily-law-tips-tip-616-by-onyekachi-umah-esq-ll-m-aciarbuk/> accessed 17 February 2021.
  18. Onyekachi Umah, “How To Prove Traditional Marriage In Nigeria” (LearnNigerianLaws.com, 20 May 2020) <https://learnnigerianlaws.com/how-to-prove-traditional-marriage-in-nigeria-daily-law-tips-tip-573-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 17 February 2021
  19. Onyekachi Umah, “Customary Marriages In Nigeria Are To Be Registered In Court.” (LearnNigerianLaws.com, 13 September 2018)  <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-183-customary-marriages-in-nigeria-are-to-be-registered-in-court/> accessed 17 February 2021.
  20. Onyekachi Umah, “Custody of a Child In Customary Marriage: How and To Whom?” (LearnNigerianLaws.com, 29 September 2021) <https://learnnigerianlaws.com/custody-of-a-child-in-customary-marriage-how-and-to-whom/> accessed 17 February 2021
  21. Onyekachi Umah, “Factors That Court Consider Before Granting Custody Of Child To Any Person.” (LearnNigerianLaws.com, 3 March 2020) <https://learnnigerianlaws.com/factors-that-court-consider-before-granting-custody-of-child-to-any-person-daily-law-tips-tip-517-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 17 February 2021
  22. Onyekachi Umah, “Forced Marriage Is An Offence In Nigeria” (LearnNigerianLaws.com, 21 October 2020) <https://learnnigerianlaws.com/forced-marriage-is-an-offence-in-nigeria/> accessed 11 March 2021
  23. Onyekachi Umah, “Child Marriage/Abuse Is A Crime (Rape): An Exposé On Laws Prohibiting Child Marriage” (LearnNigerianLaws.com, 22 June 2020) <https://learnnigerianlaws.com/child-marriage-abuse-is-a-crime-rape-an-expose-on-laws-prohibiting-child-marriage-daily-law-tips-tip-593-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 11 March 2021
  24. Onyekachi Umah, “Customs That Allow Marriages Between Women Or With Dead Persons; The Position Of The Law” (LearnNigerianLaws.com, 13 March 2020) <https://learnnigerianlaws.com/position-of-law-on-the-customs-that-allow-marriage-between-women-or-with-dead-persons-daily-law-tips-tip-525-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 11 March 2021
  25. Onyekachi Umah, “Approved Time For Valid Weddings (Marriages) In Nigeria” (LearnNigerianLaws.com, 26 June 2019) <https://learnnigerianlaws.com/approved-time-for-valid-weddings-marriages-in-nigeria-daily-law-tips-tip-359-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 11 March 2021
  26. Onyekachi Umah, “Valid English Marriage Cannot Start From Church/Mosque” (LearnNigerianLaws.com, 9 May 2019) <https://learnnigerianlaws.com/valid-english-marriage-cannot-start-from-church-mosque-daily-law-tips-tip-327-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 11 March 2021
  27. Onyekachi Umah, “Start Point Of Valid English Marriage In Nigeria” (LearnNigerianLaws.com, 6 July 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-136-start-point-of-valid-english-marriage-in-nigeria/> accessed 11 March 20201
  28. Onyekachi Umah, “Legality of Varying Cost of English Marriages Across Nigeria” (LearnNigerianLaws.com, 4 July 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-134-legality-of-varying-cost-of-english-marriages-across-nigeria/> accessed 11 March 2021
  29. Onyekachi Umah, “Use of Fake Name by a Spouse Invalidates Marriage in Nigeria” (LearnNigerianLaws.com, 29 June 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-131-use-of-fake-name-by-a-spouse-invalidates-marriage-in-nigeria/> accessed 11 March 2021
  30. Onyekachi Umah, “Validity of Marriages Conducted in Ikeja, Abuja and other Federal Marriage Registries in Nigeria” (LearnNigerianLaws.com, 21 May 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-105-validity-of-marriages-conducted-in-ikeja-abuja-and-other-federal-marriage-registries-in-nigeria/> accessed 11 March 2021
  31. Onyekachi Umah, “Can A Wife Without A Male Child Inherit Her Husband’s Property?” (LearnNigerianLaws.com,  28 October 2020) <https://learnnigerianlaws.com/can-a-wife-without-a-male-child-inherit-her-husbands-property/> accessed 11 March 2021
  32. Onyekachi Umah, “Punishment For Clergies That Wed People Without License” (LearnNigerianLaws.com, 11 September 2020) <https://learnnigerianlaws.com/punishment-for-clergies-that-wed-people-couples-without-license/> accessed 11 March 2021
  33. Onyekachi Umah, “Drug Test of Ladies before Wedding is Unlawful” (LearnNigerianLaws.com, 28 August 2020) <https://learnnigerianlaws.com/drug-test-of-ladies-before-wedding-is-unlawful/> accessed 11 March 2021
  34. Onyekachi Umah, “A Clergy Cannot Wed People In A Different Church From His” (LearnNigerianLaws.com, July 27 2020) <https://learnnigerianlaws.com/a-clergy-cannot-wed-people-in-a-different-church-from-his-daily-law-tips-tip-618-by-onyekachi-umah-esq-ll-m-aciarbuk/> accessed 11 March 2021.
  35. Onyekachi Umah, “Married Women And The Need For Husband’s Consent For International Passport” (LearnNigerianLaws.com, 16 April 2020) <https://learnnigerianlaws.com/married-women-and-the-need-for-husbands-consent-for-international-passport-daily-law-tips-tip-549-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 11 March 2021
  36. Onyekachi Umah, “Factors that Court Consider Before Granting Custody of Child to Any Person” (LearnNigerianLaws.com, 3 March 2020) <https://learnnigerianlaws.com/factors-that-court-consider-before-granting-custody-of-child-to-any-person-daily-law-tips-tip-517-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 11 March 2021
  37. Onyekachi Umah, “The Right Court For Divorce In Nigeria” (LearnNigerianLaws.com, 24 April 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-87-the-right-court-for-divorce-in-nigeria/> accessed 11 March 2021
  38. Onyekachi Umah, “Refusal to Make Love Is a Ground for Divorce” (LearnNigerianLaws.com, 16 April 2018) <https://learnnigerianlaws.com/refusal-to-make-love-is-a-ground-for-divorce/> accessed 11 March 2021
  39. Onyekachi Umah, “Abolished Anti-Women Custom of Onitsha People of Anambra State, Nigeria” (LearnNigerianLaws, 10 March 2020) <https://learnnigerianlaws.com/abolished-anti-women-custom-of-onitsha-people-of-anambra-state-nigeria-daily-law-tips-tip-522-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 2 October 2020
  40. Onyekachi Umah, “Abolished Anti-Women Custom of Yoruba People of Nigeria”, (LearnNigerianLaws.com, 11 March 2020) <https://learnnigerianlaws.com/abolished-anti-women-custom-of-yoruba-people-of-nigeria-daily-law-tips-tip-523-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 2 October 2020.
  41. Onyekachi Umah, “How To Stop Your Husband/Wife From Marrying Another Person” (LearnNigerianLaws.com, 18 July 2019) <https://learnnigerianlaws.com/how-to-stop-your-husband-wife-from-marrying-another-person-daily-law-tips-tip-375-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 11 March 2021
  42. Onyekachi Umah, “Leaving Your Spouse To Marry Another Person is a Criminal Offence” (LearnNigerianLaws.com, 3 May 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-93-leaving-your-spouse-to-marry-another-person-is-a-criminal-offence/> accessed 11 March 2021
  43. Onyekachi Umah, “Female Genital Mutilation/Cutting/Elongation, Breasts Ironing And Forced Marriage Are Now Criminal Offences In Nigeria” (Daily Law Tips [443]) <https://learnnigerianlaws.com/female-genital-mutilation-cutting-elongation-breasts-ironing-and-forced-marriage-are-now-criminal-offences-in-nigeria-daily-law-tips-tip-443-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 12 October 2020.
  44. Onyekachi Umah, “Abandonment Of Wife/Husband, Children Or Dependants Is A Crime” (LearnNigerianLaws.com, 3 December 2019) <https://learnnigerianlaws.com/abandonment-of-wife-husband-children-or-dependants-is-a-crime-daily-law-tips-tip-470-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
  45. Onyekachi Umah, “Emotional, Verbal And Psychological Abuse Is Now Criminal Offences” (LearnNigerianLaws.com, 3 September 2019) <https://learnnigerianlaws.com/emotional-verbal-and-psychological-abuse-is-now-criminal-offence/> accessed 28 April 2021
  46. Onyekachi Umah, “Forcing Wife to Stop Work is Now A Crime” (LearnNigerianLaws.com, 21 April 2021) <https://learnnigerianlaws.com/forcing-wife-to-stop-work-is-now-a-crime/https://learnnigerianlaws.com/forcing-wife-to-stop-work-is-now-a-crime/> accessed 26 April 2021
  47. Onyekachi Umah, “It Is Now An Offence To Force Wife/Husband To Stop Working” (LearnNigerianLaws.com, 28 May 2019) <https://learnnigerianlaws.com/it-is-now-an-offence-to-force-wife-husband-to-stop-working-daily-law-tips-tip-340-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
  48. Onyekachi Umah, “Seizing or Destroying the Property of a Spouse is a Crime” (LearnNigerianLaws.com, 2 March 2021) <https://learnnigerianlaws.com/seizing-or-destroying-the-property-of-a-spouse-is-a-crime/> accessed 20 April 2021
  49. Onyekachi Umah, “Can a Married Woman Inherit Her Parents’ Property?”, (LearnNigerianLaws.com, 27 March 2020) <https://learnnigerianlaws.com/can-a-married-woman-inherit-her-parents-property-daily-law-tips-tip-535-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
  50. Onyekachi Umah, “Abolished Anti-Women Custom of Onitsha People of Anambra State, Nigeria” (LearnNigerianLaws, 10 March 2020) <https://learnnigerianlaws.com/abolished-anti-women-custom-of-onitsha-people-of-anambra-state-nigeria-daily-law-tips-tip-522-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
  51. Onyekachi Umah, “Citizen By Marriage Is Discriminatory and Against Nigerian Women”, (LearnNigerianLaws.com, 14 September 2020) <https://learnnigerianlaws.com/citizen-by-marriage-is-discriminatory-and-against-nigerian-women/ > accessed 20 April 2021
  52. Onyekachi Umah, “Abolished Anti-Women Custom of Yoruba People of Nigeria”, (LearnNigerianLaws.com, 11 March 2020) <https://learnnigerianlaws.com/abolished-anti-women-custom-of-yoruba-people-of-nigeria-daily-law-tips-tip-523-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
  53. Onyekachi Umah, “Can a Married Woman Inherit Her Parents Property?” (LearnNigerianLaws.com, 27 March 2020) <https://learnnigerianlaws.com/can-a-married-woman-inherit-her-parents-property-daily-law-tips-tip-535-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
  54. Onyekachi Umah, “It Is An Offence To Chase Out Wife/Husband From A Home Or Even Attempt To Do So” (LearnNigerianLaws.com, 17 May 2019) <https://learnnigerianlaws.com/it-is-an-offence-to-chase-out-wife-husband-from-a-home-or-even-attempt-to-do-so-daily-law-tips-tip-333-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
  55. Onyekachi Umah, “Can Court Dismiss Divorce Case Because Husband Impregnated Wife?” (LearnNigerianLaws.com, 12 March 2021) <https://learnnigerianlaws.com/can-court-dismiss-divorce-case-because-husband-impregnated-wife/> accessed 14 May 2021
  56. Pic Credit: carealtytraining.com

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Kaduna Workers and the Bizarre Metamorphosis of a Good Person: An Open Letter to Governor Nasir El-Rufai

By Chief Mike Ozekhome, SAN, OFR, PhD.

INTRODUCTION

I know you people in the corridors of power don’t bother about reading or hearing from we lesser mortals. You love listening to yourselves, to fawners, bootleggers, bootlickers, contractors, influence-peddlers and genuflectors. I am not one. Fortunately. But, give me some minutes and read this this my humble open letter to you. This is because aside being a patriot, pan-Nigerian, Constitutional Lawyer, Human Rights Activist and Pro- democracy campaigner, I am also an avid and voracious reader, writer, Essayist, archivist and historian. Aside law books, I also write long essays, poems, articles and books on sundry matters, such as national discourse, literature, history, native laws, customs and traditions. I presently write 6 columns for 6 different newspapers EVERY WEEK, some since 2014. NON- STOP! The Sun, Sunday Telegraph, The Boss, Thisday, ThisNigeria and Afenmai News. These are aside my numerous weekly columns (at times daily) interventions on sundry national and international issues.

EXTRAPOLATION WITH LITERARY CHARACTERS

I once read Nobel Laureate, Prof Wole Soyinka’s “JERO’S METAMORPHOSIS”, a play staged in 1960 (I was barely 2 years old then), and published in 1963. I also read Soyinka’s “THE TRIALS OF BROTHERS JERO”. In the former play, Jero was in possession of a confidential file which revealed government’s plans to transform the beach into a public prosecution ground and tourists’ centre. The satirical play was about the willy ways Jero tried to unite all the church leaders operating at the beach and make them form one church, with him as the sole leader. Soyinka was satirically decrying the hypocritical way Nigerians practised the Christian religion. He was shocked at the obsequious and unquestioning devotion that converts and adherents displayed towards their manipulative spiritual leaders. In “THE TRIALS OF BROTHER JERO” first published in 1964, Soyinka mocked the proselytizing Church preachers who did not even have churches (as did brother Jero), and so preached in public places. He highlighted the transformation of these leaders from their religious titles of Bishop, Pastor and Prophet, to military titles, such as General, Colonel, Sergeant, etc. Soyinka depicted church leaders as deceptive, corrupt, fraudulent, politically ambitious and abandoning their flock in pursuit of merchantilistic and mundane cravings. Thus, Like Karl Marx, Soyinka satirized on these crafty preachers who deceived their sumnabulistic followers. The play exposed the contradictions in blind faith and slavish following, and satired the too many social and political imbalances in Nigeria of the 60s. The ills Soyinka kicked against in the early 60s are even worse today. Have u not seen viral videos where so called Pastors urinated in the mouths of their hypnotised worshippers, or farted on their faces, or sat on their heads, with other members clapping and washing his legs on their heads? They are told that is the only way to get rich or see paradise. Remember Jonestown where 909 people were made to commit mass suicide on the orders of their Pastor, Jones? Religion had been termed opium of the people by Karl Marx, used as an instrument to fight wars as beast in Europe, instead of using it to give solace to the soul of man. Soyinka had theorised along that line.

MY FRIENDSHIP WITH MALLAM EL-RUFAI

Governor El-Rufai

Welcome, Mallam El-Rufai, the cerebral Quantity Surveyor Governor of Kaduna, who, once upon a time, was a jolly good fellow. I consider you my dear friend. I don’t know if you still do, me, based on our different world views and obvious glaring deological differences. You may not remember. We first met in 2002, at Sheraton hotel, Lagos. We had both come to deliver papers in our respective areas of expertise at a workshop. We again met in 2005, at the residence of Mr Brain Brown, the then American Consul-General. Then later as Minister of FCT in 2005. As Minister of the FCT, you were uncompromising against corruption and defacement of the Abuja master plan. Not ready to play ball with the legislative arm on financial gratifications from your Ministry, you were promptly declared a persona non gratia by the NASS, and banned from holding public office for 10 years. You immediately consulted me through my good friend, now Senator Uba Sani. We later met at your Life Camp home. On your instructions, I headed for the Federal High Court, Abuja, to challenge your ban. I won the case. The NASS appealed. I also defeated the NASS at the Court of Appeal, Abuja. That was how you, Nasir, bounced back to public reckoning from the limbo, to have been able to contest  and win election as Kaduna State Governor, first, in 2015; and then, in 2019. I don’t know if your present beyond-the-clouds office will allow you remember this piece of history. But, the cold, hard records are there.

EL-RUFAI’S METAMORPHOSIS

Now, El-Rufai, you, have since metamorphosed, like brother Jero. You now see yourself as a tin god, a powerful deity, to be worshipped and perennially appeased by human sacrifices in terms of toying with citizens’ welfare.

El-Rufai, you had sacked over 45000 workers. You did not care about their families and dependants in these horrific harsh economic times unleashed on Nigerians by your clueless and anti-people APC Government. The workers kicked, as they are entitled to do in any democracy; even under totalitarian military juntas. You flexed your tiny mosquito muscles and played Louis X1V of France (of the ‘L’ etat ce’st moi’ – I am the State’- fame). Ayuba Wabba, NLC President, gathered his Kaduna flock workers, like a hen, her chicks, and called out a Kaduna State strike. You, El-Rufai, will hear none of it. Your authority had been challenged by lesser mortals. How dare they? Their temerity and audacity!

To you, a civil strike amounts to economic sabotage, and Ayuba Wabba must be apprehended and tossed into jail like a common criminal. You even placed a handsome reward, an expensive ransom, on Waba’s head. Thank God, it was not a fatwa. You are a Governor who has so far refused to pay ransom to free your own innocent University Students kidnapped from their University, right under your nose in Kaduna. Five of them have since been gruesomely butchered. You were not touched. The rest of the hostages live in daily terror; fear of death, and fear of fear. Their parents are tired of crying. Their oceans of tears have since dried up in daily supplication to god El-Rufai, to help save their innocent children. You, El-Rufai, will not budge. Like the Pharaoh of Egypt, you will not let your people go! (Exodus 5:1-10; 5:6-23; 7:13; 16; 8:15,19).

Now, the Kaduna workers carried out their threat. They downed tools. Swagging Emperor Nero El-Rufai will take none of the ‘nonsense’. Pronto, you fired all Nurses from level 14 downward, for daring to participate in the collective strike. Nigerians, can you believe that? I cannot, myself!

The workers nonetheless took to the streets in a peaceful protest, waving banners. Yes, as done by innocent Nigerians who had waved Nigerian flags and banners in a peaceful protest and were horrendously mauled down at the Lekki toll gate in October, 2020.

What did your (El-Rufai’s) Government do next? It panicked, instigated violence, employed a horde of weed-smoking, cudgel-carrying, machetes- brandishing and stones-hauling street thugs and urchins to unleash violence and mayhem on these peaceful protesters. The security agents were there, watching, probably enjoying themselves. They ‘siddon look’. Never mind that Ayuba Wabba, NLC President, had pro-actively sent SOS  to the Director, DSS, Abuja, Director, DSS, Kaduna branch and the DIG of Police, Kaduna State. That is Nigeria’s sorry State. Complete nadir. No help from anywhere!

MY FREE ADVISE TO YOU, EL-RUFAI

My free advice to you, Mallam swashbuckling deity, El-Rufai. You should drop these issues immediately. You must not dare arrest the NLS Chairman, or actualise the dismissal of the said Nurses. You have since changed from the sweet humble guy I used to know, and gradually, not suddenly, become dictatorial and despotic. You are reminding us of Hitler and Musolini. I am genuinely shocked as to how such a well read, exposed and travelled man like you, who once self-exiled himself from Nigeria, for fear for his life, has metamorphosed into a full-blown tyrant and intolerant absolutist god that must be worshipped. Because of the intoxicating effect of power on you, as an aphrodisiac. Why have you developed an insatiable bacchanalian appetite to inflict sufferings and misery on Nigerians, especially your own citizens that you govern?

YOU ARE DESECRATING CITIZENS’ INALIENABLE RIGHTS

Let me tell you this. The rights to life, dignity of the human person, personal liberty, fair hearing, freedom of expression, peaceful assembly and association and freedom of movement, etc, are basic fundamental and inalienable human rights guaranteed under the 1999 Constitution. They are respectively contained in sections 32, 33, 34,35,38,39 and 40 of the1999 Constitution of Nigeria. At least, your tyrannical APC Government has not yet abrogated this Constitution. These rights are also universally recognised under the United Nations Declaration of Human Rights, the African Charter on Human and People’s Rights, the European Charter on Human Rights, the American Convention on Human Rights, the International Covenant on Civil and Political Rights and other international instruments. The right to protest without even seeking Police permission has been serially upheld by Nigerian appellate courts. See the cases of IGP V ANPP (2007) AHELR 179 (CA); (2007) 18 NWLR (PT 1066) 457, at pages 49I- 499, per Adekeye, JCA (as she then was?; AG FEDERATION V ABUBAKAR (2007) 10 NWLR (PT 1041) 1,92-93; OSADEBEY V AG,BENDEL STATE (1991) SCNJ 102, 218.

WABBA’S HEAD: RANSOM, RANSOM, RANSOM!!!

Mallam, I read to my chagrin, that you have allegedly offered to pay handsome ransom for the arrest of Ayuba, the NLC Chairman. Let me advise you to perish that obnoxious idea. You should rather use the ransom for the release of the helpless and unfortunate Boko Haram- kidnapped students of your state. If you yield to my advice, you would   not be doing anything new at all. After all, you once told shocked Nigerians how you had to pay humongous ransom to the rampaging Fulani armed bandits that ceaselessly poured into your state from neighbouring African countries in 2015, to enable the 2015 presidential elections hold. I have therefore been incredulous and nonplussed as to your sudden pretended Janus votle-face “haram” or revulsion against payment of ransom, even to free the endangered souls of vulnerable school children who were kidnapped under your very despotic Government. Out of these, 5 students have already been brutally killed in cold blood. Can you really sleep, or fold your legs on the mat, to pray to Allah? What will you be praying for? Will your prayers and supplications cross the ceiling? I can no longer understand these elites in Government, and how they suddenly change once they taste the intoxicating liquor of power. Or, can you, Nigerians?

HOW DO YOU WANT TO BE REMEMBERED?

Mallam, how would you want to be remembered in history? As a tyrant, autocrat, despot, absolutist, oppressor, totalitarian, autarchy, dictator? As a slave driver, persecutor, bully, scourge? Just how? El-Rufai, why are you playing brother Jero? Why are you acting out Idi Amin, Emperor Bokassa, Adolf Hitler, Timur, Queen Mary 1, Vladi-mir Lenin, Augusto, Pinochet, Kim Jong II, Emperor Hirohito, Leonid Brezhnev, Joseph Stalin and Pol Pot? Why have you shredded your beautiful garments of innocence and empathy and dorned the dictatorial apparels of Saddam Hussein, Ivan The Terrible, Kim 11 Sung, Ayatollah Khomeini, Nero, Ghenghis Khan, Mao Zedong, Ivan 1V, Lepold 11 of Belgium and Attila The Hun? Why Nasir? Why, El-Rufai? Why, Ahmad? Just why, Mallam Nasir Ahmad El-Rufai, for God’s sake?

Why Court of Appeal Justices must not act in vain

The appointment of the latest batch of Court of Appeal Justices has been strewn with controversies, not least the claim that the interviews conducted by the National Judicial Council was perhaps shambolic. Just when justice sector stakeholders thought that the ghost of the troubled exercise was to be laid to rest with the scheduled swearing-in of the justices, the ceremony was postponed indefinitely ostensibly to enable the new justices “clear their desks in their various offices.” In this piece, KAYODE OGUNDAIRO posits that on the strength of the undisturbed judgement of the Supreme Court in OGBUNYIYA v OKUDO, any judicial acts done by the justices after their appointments would be a nullity and liable to being set aside on appeal.

The indefinite postponement of the swearing-in of the newly appointed justices of the Court of Appeal came to many as a shock, not least because of the reason adduced for the aborted exercise. This is a purely judicial matter outside the remit of the National Judicial Council (NJC).

If “clear their desks in their various offices to ensure that there are no outstanding issues before they assume their new responsibilities” suggests that the Justices should proceed to deliver judgments/rulings or discharge any other judicial role in the Federal High Court/High Court/ National Industrial Court under the guise of ‘clearing their desks”, that would, with great respect, amount to an exercise in futility on the strength of OGBUNYIYA v OKUDO (1979) 9 SC 32 as recently reinforced by UDEOGU v FRN.

OGBUNYIYA v. OKUDO dealt with provisions impari materia with ss. 283(2) and 290(1) of the 1999 Constitution (as amended) which are crystal clear.

238 (2): “The appointment of a person to the office of a Justice of the Court of Appeal shall be made by the President on the recommendation of the National Judicial Council”.

290 (1): A person appointed to any judicial office shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed under this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the Judicial Oath prescribed in the seventh Schedule to this Constitution.

In OGBUNYIYA v OKUDO, the submission of Chief F.R.A. Williams on behalf of the Appellants, was that by virtue of the appointment of Nnaemeka-Agu J. (as he then was) as expressed in Exhibit SC.1, he ceased to be a Judge of the High Court of Anambra State on the 15th June, 1977, two days prior to delivery by him of the judgement on appeal.

The reaction of Mr. Afolabi Lardner (of counsel) for the Respondents was that until the Learned Judge was sworn in as Justice of the Court of Appeal, he was precluded by virtue of Section 128 of the Constitution of the Federation No. 20 of 1963 from entering upon the duties of his office, so that in the absence of evidence that he had on or prior to the 17th of June, 1977 been sworn in as a Judge of the Federal Court of Appeal, he was on that date still a Judge of the High Court of Anambra State.

The Supreme Court construed Section 128 of the Constitution of the Federation No. 20 of 1963 as amended by section 1(c) of the Schedule to The Constitution (Amendment) (No. 2) Decree No. 42 of 1976 (impari materia with s. 290(1) of the 1999 Constitution, as amended) which made it imperative that “a Judge of the Federal Court of Appeal” shall not enter upon the duties of his office unless he has “taken or subscribed the Oath of Allegiance and such oath for the execution of the duties of his office as may be prescribed by Parliament”.

Allowing the appeal, the Supreme Court set aside the judgment delivered by Justice Nnaemeka-Agu (after his appointment as JCA but before he took the requisite oath) and ordered a trial de novo.

The Supreme Court held thus:

“A close look at Section 128 of the Constitution (No. 20 of 1963) as amended by the Schedule to Decree No. 42 of 1976 shows clearly that the section is intended to lay down a condition precedent to the functioning but NOT the appointment of a Judge. That section impliedly recognises the fact of appointment (already as a Judge) of the incumbent of that public office but makes the swearing of the prescribed oaths condition precedent to his functioning in that office. The language of the section reads:
“A Judge of the Supreme Court, Federal Court of Appeal and of the High Court of Lagos NOT a person appointed to be a Judge of the Supreme Court, Federal Court of Appeal and of the High Court of Lagos shall not enter upon the duties of his office (not, be it noted, enter upon his office) unless he has taken or subscribed the Oath of Allegiance and such oath for the due execution of his office as may be prescribed by (Italics supplied by Court).
… The language of section 128 aforesaid is directed to the entering by a judge (not by a judge designate) upon the duties of his office (not, upon his office).

This should ordinarily rest the matter. (Citylawyermag)

On Asaba Accord We Stand

By Sonnie Ekwowusi

We live in perilous times. You can say it again and again. Like the proverbial rudderless vessel, Nigeria is dangerously drifting away into the precipice with the ship’s captain and crew members completely ignorant and helpless on how to salvage the sinking ship. Anybody still finding it difficult to come to terms with this analogy in relation to Nigeria is living in a fool’s paradise. Nigeria is at war: she is at with herself, with her different ethnic nationalities, stakeholders and interest groups which make up Nigeria. The bullets may not be flying and crisscrossing here and there quite alright but the bandits, Islamic terrorists, Fulani herdsmen murderers, anonymous gun-men, arsonists, burglars have made a far-reaching inroad into the heart of the Nigerian State and they are about capturing her in order to destroy her in reminiscent of Karl Maier’s This House Has Fallen or Robert D. Kaplan’s The Coming Anarchy

The consolation however is that we have reached a point of no return in our efforts to build a new Nigeria where cluelessness, dementia, illiteracy, incompetence, provincialism and nepotism will have no place. We have arrived at a unique time in the history of our country when it is fashionable to look at one another’s face and spill out the truth. We are no longer held captive by untruth about Nigeria and her survival. Consequently some uncommon formidable political fronts and political alignments are emerging in Nigeria day by day to salvage sinking Nigeria. For example, last week the Southern State Governors met in Asaba under the aegis of the Southern Governor’s Forum (SGF) and unanimously agreed, inter alia to formally place a ban on open cattle grazing in all the Southern States of Nigeria (this is coming on the heels of Nigerian Governors Forum banning open grazing in Nigeria. In February 2021 the Nigerian Governors representing the 36 States of the Federation met and unanimously banned open grazing in Nigeria).

The SGF also called for the restructuring of Nigeria and the inauguration of true fiscal federalism in Nigeria. But former Executive Secretary of National Health Insurance Scheme (NHIS), Prof. Usman Yusuf complains that the Southern Governors did not consult the Fulani herdsmen before enacting their anti- grazing laws in their respective States.He stated that none of the Southern Governors has sat down with the Fulani people to discuss anti-grazing before the Southern Governors suddenly jumped up to enact their anti-grazing laws.

I have carefully considered the objection of Prof Yusuf in pari-passu with the extant laws in the 36 States of the Federation and I must state quite frankly that Prof. Yusuf’s objection completely lacks merit. To begin with, the Southern Governors are not under any legal obligation to consult the Fulani-herdsmen prior to enacting their anti-grazing laws or any laws at all in their respective States. Prof. Yusuf is well aware that for five years now the AK-47-weiding Fulani herdsmen have been killing, maiming, and raping their victims in Southern Nigeria as well as dispossessing them of their farm lands under the watch of the Buhari government.

This is why the Southern State Governors have enacted their anti-grazing laws to protect their citizens from the terrorism and criminal activities of the Fulani herdsmen. Besides, by virtue of the Land Use Act, all lands in Southern Nigeria are vested in the Southern State Governors not in Fulani herdsmen. Only the Southern Governors could, swayed by overriding public interest, dictate whether or not an open grazing could be allowed in their respective States. It is worthy of note that prior to Buhari coming to power, the Fulani herdsmen rearing cattle in Southern Nigeria were not armed with AK-47 guns let alone raping and murdering people. Before Buhari, they were carrying long sticks. Unfortunately since Buhari came to power, these Fulani herdsmen rearing cattle in the South have started carrying guns and indulging in all sorts of criminal activities. Too bad. Anyway, the Southern governors have vowed not to resile from the Asaba Accord.

Hearkening to the voices of about 90% of Nigerians, the Southern Governors reaffirmed in Asaba last week that Nigeria’s top priority at this moment ought to be restructuring of Nigeria in order to enthrone justice, equity and fairness in the country. But the Senate President Dr. Ahmad Lawan has faulted the Southern Governors calling for restructuring of Nigeria. He says that although the people may call for restructuring, Southern State Governors are disallowed from doing so. I beg your pardon, Mr. Senate President. Is that an oxymoron? What is wrong with State Governors re-echoing the voice of their people and reaffirming the call for restructuring of Nigeria? If democracy is government of the people by the people, why disallow Southern State Governors from speaking the mind of the Nigerian people? If State Governors are barred from listening to their people who should they listen to? Listen to Mr. Clueless? Listen to Mr. Nepotism?. Mr. Senate President Sir, given the over-concentration of power at the Federal level to the detriment of the federating units, the State Governors cannot restructure their respective States as you are suggesting. Why? Because the 1999 Constitution is an inconvenient inequitable constitutional contraption being used to perpetuate injustices in Nigeria. The Constitution over-concentrates enormous power (as could be gleaned from the long list of federal powers in the Exclusive List of the Constitution) in the hands of the Federal government thus leaving the Federating units at the mercy of the Federal government or as appendages to the Federal government. This is the main reason for the consistent clamour for restructuring of Nigeria.

Mr. Senate President Sir, it is important to understand all the ethnic nationalities across the six geo-political groups in Nigeria beginning with Pan-Yoruba socio-cultural group, Afenifere, Pan-Igbo socio-cultural group, Ohaneze Ndigbo, Middle Belt Forum, Pan-Niger Delta Forum (PANDEF) to Arewa Consultative Forum are calling for restructuring. In fact, if a referendum is conducted today on whether or not Nigeria should be restructured I wager that not less than 89% of Nigerians would vote in favour of restructuring. So, why fault the State Governors for voicing out the will of the Nigerian people? Restructuring is not secession. In fact restructuring is a cure for secession. If you don’t want Biafra, Oduduwa Republic or Mid-West country or others, then allow restructuring of Nigeria so that justice, equity and fairness may reign in Nigeria. A skewed power arrangement in favour of the federal government has been resulting in communal injustices in Nigeria. In fact the Nigerian crisis is the crisis of failed federalism.

On Asaba accord we stand. A thoughtful reader cannot fail to be struck by the groping in darkness in Nigeria over the years. So let the light shine. And the light can only shine in Nigeria when the country is restructured in such a way as to restore regional autonomy to the various Nigerian Regions to enable them to freely chart courses that would lead to the ultimate development of their respective Regions. Anything short of this is unacceptable.

Those casting hope on 2023 Presidential election should be reminded that so long as INEC is headed by Prof. Mahmood Yakubu and the Supreme Court headed by Justice Ibrahim Tanko Muhammad it is not unlikely that another Mr. Nepotism will be imposed on Nigerians in 2023. Already the APC is boasting that it will rule Nigeria for 32 years. I don’t think this is a joke. It is their dream. With the people’s complacency and reluctance to fight their battles the worst citizens may continue ruling Nigeria for a long time.

405 residents of Enugu benefit from NAF medical outreach – By Ijeoma Eke-Ojim

No fewer than 405 residents of Emene community in Enugu East Local Government Area of Enugu State, on Wednesday, benefitted from the Nigerian Air Force (NAF) comprehensive and free medical outreach.

The medical outreach, which is part of activities to celebrate NAF 57th anniversary, featured medical counselling, health talks, sugar and blood pressure check, dental care, free drugs and referrals.

Flagging off the exercise, AVM Frank Oparah, Air Officer Commanding (AOC) of Ground training Command of NAF, Enugu, said that the exercise was a deliberate effort by NAF to improve civil-military-relations with the people.

Oparah, who was represented by the Chief of Staff to the Command, Air Commodore Anthony Vonumbagai, said that all services, drugs and medical referral done would be comprehensively funded by NAF.

“The medical outreach is part of the steps being taken by the current NAF leadership by the Chief of the Air Staff, Air Marshal Isiaka Amao, at improving healthcare delivery for host communities,’’ Oparah said.

The AOC said that other services to be carried out included; de-worming of children; distribution of treated mosquito nets and provision of quality drugs to beneficiaries.

He, however, thanked the state, local and community leaders for mobilising the residents of Emene community for the exercise and making it “a huge success’’.

One of the beneficiaries, Mr Emmanuel Onu, appreciated NAF for the free medical attention given to him and other members of his family.

Onu, who is a civil servant with the Accident Investigative Bureau, said that this is the first time “I, my family members and colleagues are receiving comprehensive care under one roof’’.

Another beneficiary, Ma Agnes Nwoke,70, lauded NAF leadership for such an initiative and the free eye drugs and insecticide treated net given to her.

It was observed that most of those that attended the medical outreach were diagnosed with malaria; while other illnesses diagnosed are respiratory and urinary tract infections, diabetes and hypertension.

In a related development, the Nigerian Air Force Wives Association (NAFOWA) also presented gift items and undisclosed cash to children of the Guardian Angels Motherless Babies Home, Enugu.

The items presented included: bags of rice, cartons of noodles, pastas, a bag of detergent, bag of melon, bags of salt, sugar etc.

Speaking, the Chairperson of NAFOWA of the Command, Mrs Obigeli Oparah, said that the gesture was part of the 57th anniversary of NAF and means of reaching out to the less privileged in the society.

“We are also encouraging those taking care of them to continue with their good work and to know that it is only God that can truly reward them accordingly,’’ she said. (Summitnews)

Miyetti Allah and Asaba Declaration

By Lasisi Olagunju

(Published in the Nigerian Tribune on Monday, 17 May, 2021)

Have you asked why every saviour always ends up worse than his bad predecessor? King Dionysius (430 BC—367 BC) was famously called the tyrant of Syracuse. He conquered Sicily and southern Italy and made Syracuse the most powerful Greek city west of mainland Greece. But Dionysius was a very cruel king. Almost every citizen of his kingdom prayed for his death. Curiously, there was an old woman who prayed day and night that the bad king would live long and survive her. King Dionysius came to know of this woman and sent for her. “Why do you so much love me?” The king asked the old lady. She told Dionysius that what evoked her prayers was not love for the king but the fear of what may yet come. She said: “When I was yet a girl, we were oppressed by a tyrant, and I desired his death; he was slain, but he was succeeded by another who oppressed us even more harshly; and again I was greatly pleased to see the end of his reign. But he was succeeded by you, who are an even harsher ruler. So I fear that if you are taken from our midst you will be succeeded by one who is even more terrible.” Muhammadu Buhari has mismanaged Nigeria so much that the much derided Goodluck Jonathan is now smelling so nice. But the current elite north-versus-south battle for the soul of Nigeria is not about 2023 and/or regime change. No. What is at stake is very much more fundamental than replacing cows with camels. It is not about replacing this president with another ethnic supremacist now or in 2023. It is about having a country that would make the emergence of another Buhari impossible. The cries we make are of a battle to end all wars.

But, as usual, the north is misreading the south. A child cannot be birthed and raised in Sango (Zango) and he won’t behave like a cow. We see that often in Nigeria. All the 17 Southern Nigeria governors met last week in Asaba, Delta State and demanded sanity in the running of Nigeria. And, because sanity and fairness are not supposed to have resident permit in Nigeria, the governors’ declaration triggered alarm bell in pervert power circles in the north. One former governor, Adamu Abdullahi accused the governors of betrayal. He said they betrayed Buhari to whom they swore an oath of allegiance. Adamu said, “The recent meeting of the Southern Governors Forum is an act of betrayal of the trust Nigerians reposed in them. Each governor pledged and swore to an oath and they emphasised loyalty to the sovereignty of this country. They also pledged their loyalty to the President of the country. That’s their oath of office.” The man who said this is a former governor and a sitting senator of our federal republic. What kind of bovine statement was that? The Yoruba say a child born and bred in Sango/Zango (Hausa’s transit cattle camp) must reason like a cow. Adamu Abdullahi was governor of Nassarawa State from May 29, 1999 to May 29, 2007. Did he swear and pledge his loyalty to President Olusegun Obasanjo at the beginning of his governorship? Loyalty to the country is a yes. Even then, this is activated on the principle of reciprocity. ‘Give me, I give you’ is what Toad shouts at the river bank.

South West, South South, and South East governors have met twice this month. They held the first meeting virtually on May 4 with all the 17 governors in attendance. To harmonise their positions, the second was held on May 11 as an in-person meeting in Asaba, Delta State. They met, came out and spoke clearly and got applause from their peoples and from the people of the middle belt. They asked Buhari to convene a “national dialogue”; they banned open grazing of cows in southern Nigeria; they “affirmed that the peoples of Southern Nigeria remain committed to the unity of Nigeria on the basis of justice, fairness, equity and oneness and peaceful co-existence between and among its peoples.” The north shouted blue murder because the moribund Southern Nigerian Governors’ Forum (SNGF) is back from the dead. Many thanks to General Muhammadu Buhari and his clan of northern supremacists.

Other people’s wisdom prevents the king from being called a fool. I don’t think the Hausa Fulani elite and their president have heard that proverb before. Despite the howling wind blowing across the land, the north still does not understand what is happening. There is a movement against their misbehavour. A resistance against their slave trade has marched out. You can’t hold your partners down forever with your 19th century thinking and with your very annoying sense of entitlement. A major prayer point among my people is may we not use our noble heads to be load-carriers for anybody. The south has dropped the Nigerian load; their governors joined them openly last week.

Ex-governor Adamu was not alone in his unfortunate line of thinking. There are those who were scared of losing their feeding bottle to a restructured Nigeria. They desperately attempted to muddle things up by asking the governors to first restructure governance in their states before making a demand of Buhari, their patron. Those ones are a miserable lot. Whatever is wrong with structures at the state level is simply a symptom of a flawed federation. When we get Nigeria cured of its malignant afflictions, or we cure ourselves of Nigeria, the blisters we see in states will disappear. Even then, we ask the Adamu Abdullahi ensemble how a demand for the reconstruction of the Nigeria house equates a destruction of the edifice?

A professor is a big man/woman with lots of learning and wisdom. And so, there are some things professors must not say. They will be diminished if they say those things that are not wise. There is this Professor Usman Yusuf, a Fulani who also attacked the Southern governors for daring to act without Fulani approval. He said the governors did not consult Fulani leaders before asking his kinsmen to stop invading others’ properties and grazing in farms. Yusuf, a former Executive Secretary of the National Health Insurance Scheme (NHIS) said: “Southern governors must provide land for Fulani bandits to graze their cattle if they want to ban open grazing. Gathering in one hotel and giving a blanket ban is irresponsible.” You needed to watch him on TV as he uttered those words. He spoke as a superior; he waxed paternal as a headmaster. Now, you should ask him: Who are those Fulani leaders the governors should take permission from? Was Yusuf referring to Buhari and his ethnic cardinals?

My very wary people say if you give enough space to Tapa, he will build a house for his Igunnu masquerade. In a federation, the president is not king who is beyond reproach. Governors are not Buhari’s houseboys – although we are seeing some who so act because of the 2023 fura and beef. The president and the governors are expected to collaborate and sing pro-people songs. However, where the president’s nationalist eye is found blinded by narrow ethnic loyalty, any governor with survival sense will excuse himself from that presidential misadventure. That is what southern governors, especially those of the APC, did. They decided to bear their father’s name, leaving the Fulani president to sort himself out – if he cares. Medieval theologian, St Thomas Aquinas exhaustively treated this matter of “unequal relationship between equals.” He professed that obedience is commanded within the limits of due observance. He also noted that those who are wiser and righteous should have command over the rest if the nation would stand. He said authorities that are defective either in their origins or in their exercise should be spurned. That is what is happening between Buhari, his presidency and the governors. Buhari was elected for a purpose, now that his regime represents the opposite of the reason for his authority, he loses the scepter. That gives the contextual foundation for the current southern engagement with the north. So many mistakes have been made; several lessons have been learnt, several have been unlearnt and learned again.

Then came Miyetti Allah Kautal Hore, the haughty official mouthpiece of the Fulani people. The national secretary of the association, Alhassan Saleh said the Fulani were ready to dare and confront the south. He said: “If the south feels because they have oil, they can show this open hatred to the Fulani, I bet you, they are late. If the agitators want to divide the country today, or this minute, we will help them. We are ready to go. We are more prepared than any other tribe. They (southerners) want to force us to react but we don’t react that way. Compared to what we went through in Guinea and Sudan and we survived, this is even a child’s play.” He added for effects that the governors did what they did because they wanted power-shift back to the south. He got it all wrong just as the tribe he speaks for.

Time is fast running out for all of us. There is no southern state without a huge, growing crowd of separatists. Only the wise would see what that portends and act. The ship of freedom has set sailing for southern Nigeria. Justifiable resistance to the evil of domination is an act of faith. That is the philosophical basis for the repeated demand for the restructuring of Nigeria. And it is foolish to think that those opposed to the perfidy of today’s Nigeria merely seek to suppliant the incumbent. This is not about the bumbling individual complicitly sleeping on duty while his cows eat the barns of his neighbours. This is about defeating the odious unitarism that has wrecked the ship of everybody. The alternative to an immediate truly Federal Nigeria is Czechoslovakia of 1993; or Yugoslavia of 1992; or Somalia of 1991-date; or Myanmar of 2021. The choice is ours to make.

The Asaba Declaration and the future of Nigeria, By Dons Eze

At two different periods in history, Asaba was called upon to play major roles in shaping the future of Nigeria. In 1900, the British government took direct responsibility for Nigeria, and made Asaba, headquarters of Southern Province, while Lokoja became the headquarters of Northern Province.

Before then, the territory now known as Nigeria, was governed by the Royal Niger Company, a commercial conglomerate, whose only interest was to maximise profits through its trading activities, without giving much to the system.

At that time, the territory was organised in three administrative units. There was the Colony of Lagos and the Protectorate of Yoruba land, with headquarters at Lagos; there was the Niger Coast Protectorate, that comprised the former Eastern Region and parts of former Midwest Region, with headquarters at Old Calabar; and there was the empires of Sokoto and Kanemi, and some areas around the confluence of Niger and Benue rivers, with headquarters at Asaba.

But when Britain took over Nigeria in 1900, she reorganised the territory into two Provinces: the Sudan or the Northern Province, with headquarters at Lokoja, and the Southern Province, with headquarters at Asaba, while Lagos remained the capital.

However, the North and the South were differently administered and developed. For instance, while in the South, there was a legislative council that made laws for the area, the North was ruled by proclamations made by the Governor. Also, while the wind of change was blowing in the South, the North was shielded from the influence of Western civilisation.

Furthermore, there was the education imbalances between the North and the South. While children in the South were encouraged to attend Western education, children in the North only attended Islamic schools.

The South which was the cash cow of the territory, generated most of the revenue used by the colonial government in running the administration, and had consistently posted budget surpluses, while the North always operated deficeit budgets.

Therefore, it was principally for administrave convinience and to use the surplus revenue from the South to balance the budget deficeit of the North, that made the colonial government, in 1914, to bring the North and the South together under one administrative umbrella, called amalgamation.

Also, for administrave convinience and not willing to spend in a colonial territory, the British Government imposed the feudal political system existing in the North, on the South in the name of Indirect Rule, whereby it appointed some local stooges, known as Warrant Chiefs, and imposed them on the people to take charge of day to day running of the administration, while British colonial officials watched at the remote centres of the administration. This caused a lot of dislocation in the South, slowed their progress, and the country generally. By that time, Asaba had ceased to be the headquarters of Southern Nigeria.

Since then, Nigeria knew no peace. It was from one crisis to the other, a decent into anarchy or lawlessness, including a civil war, that took tolls in men and materials.

When Anthony Enahoro, an Action Group member in the Federal House of Representatives, moved a motion that Nigeria be granted self rule in 1956, the North stoutly opposed it, and argued that they were not ready for it. They even instigated riots in different parts of the North, which led to several deaths. The South had no option than to pander to the wishes of the North, and Nigerian independence was delayed for four more years.

In 2021, either by accident or historical antecedent, Asaba was again called upon to play role in helping to shape the future of Nigeria. Governors of seventeen states in Southern Nigeria met in Asaba, where they took some far reaching decisions, in particular, requesting that Nigeria be restructured.

After reviewing the state of affairs in the country, the Southern Governors concluded that only by restructuring that Nigeria would have peace and stability, and called on the federal government to urgently set machinery in motion for the exercise.

On paper, Nigeria claims to be a federation, but in practice, the country is run as a unitary system, where power and authority reside in a small group of people, or held by one man wearing a jackboot, who would be issuing orders at the top, without minding the diversity of the country. This had retarded progress and development and breeded anarchy in the system.

While the vast majority of Nigerians complain that the present system is tight and suffocating, and needs to be relaxed, a few people who hold the levers of power, and who benefit from the system, insist that things must remain as they are.

Nigeria claims to have borrowed her present political arrangement from the United States of America, but in the United States, it is incongruous, something unheard of, that somebody will call himself Inspector General of Police, and sit in Washington DC, where he will be directing police operations in 50 states of the USA.

The Asaba Declaration by the Southern Governors is an excellent opportunity for Nigeria to save herself from perdition. Fifty-four years ago, in 1967, when the country was on the verge of descending into the abyss, a similar meeting was held by the then military rulers at Aburi, Ghana, which would have rescued the sinking ship. But nobody listened to the voice of reason, or the devil was fully at work, and so prevented the people from doing what was right. When that opportunity was lost, Nigeria found herself fighting a civil war, which cost millions of lives.

It is said that he who wears the shoe knows how it pinches. In the face of the current security challenges in the country, state governors know how difficult it had been, getting permission from Abuja, before they could do anything to counter security threats in their states. Yet, they call themselves chief security officers of their respective states.

It is gladdening to learn that not only the southern governors are pressing for restructuring of the country. Other governors from across all the six geopolitical zones are equally asking for Nigeria to be restructured. At the last count, 23 out of 36 state governors were said to be in support of restructuring. It therefore remains only one governor, or one state, to override any presidential veto against restructuring. This shows that the vast majority of Nigerians want the country to be restructured.

They say that our President is obstinate, that he does not hear, that he is deaf, and perhaps, dumb, and that he will not harken to the demands of millions of Nigerians asking for Nigeria to be restructured, goaded by a few selfish people around him, like Senate President, Ahmed Lawan, but as they say: “a fly that does not hear, follows the corpse into the grave”.

Always keep your conscience clear

‘I have lived in all good conscience before God until this day.’
Acts 23:1 NKJV

At the Mark Twain memorial in Hartford, Connecticut, you will find these words framed: ‘Always do right. It will gratify some people and astonish the rest. Truly yours, Mark Twain, New York, February 16, 1901.’ When your conscience is programmed and governed by God’s Word, it will lead you to do the right thing every time. And it’s created by the first lessons you learn about right and wrong; which is why as a parent, you have the most important job in the world. If you’re never taught those lessons, you fail to develop a conscience. If you’re taught them poorly or incompletely, you develop a stunted conscience.

If you override your conscience and refuse to obey its inner voice, you develop a hardened conscience and, over time, you will live your life as if you don’t have one at all. You’ll compromise, cover up, and cut corners to get what you want. You can’t see a conscience or autopsy one, but you can hear it whispering in your mind and feel it tugging at your heart. And those are the whispers and tugs you must respond to in order to walk in the blessing of God.

Paul said two important things about his conscience: 1) ‘I myself always strive to have a conscience without offence towards God and men’ (Acts 24:16 NKJV). 2) ‘I have lived in all good conscience before God until this day.’ Above all, don’t neglect your conscience – it is either healthy or becoming unhealthy. And as it goes, so goes your character, your reputation, and the quality of your life.

Bible in a Year: 1 Sam 19-21, John 12:27-50

Blessed be the name of the Lord for seeing us through the month of April. Hallelujah!!

Credit: The Word for Today

FIDA Abuja hosts Law Week on ICT and Law

The Abuja Branch of International Federation of Women Lawyers, FIDA (Nigeria) is set to hold its Law Week from the 20th to the 24th of May, 2021.

Chairperson of FIDA Abuja Mrs. Rekiya R. Adejo-Andrew said the event with the theme ICT and Law: Embracing the Challenges of the Pandemic promises to be impactful and excellent. 

Below are the activities to mark the law week

A Visit to the Suleja  Correctional Centre on Thursday 20th of May, 2021 will kick start the event; followed by an online capacity building session for all FIDA members on Friday 21st May, 2021 by11.00am

Keynote speaker for this session is the notable Prof. Paul Idonigie, SAN FCIS (London), FCIArb (UK).

Other panellists are: Israel Aye, Esq. Founder, mylawlegal.com, he will be discussing “Technology; a tool for remote legal services” and Inemesit Dike, Esq CEO Legal Concierge and Convener of the Young Wigs Conference who will be discussing “Beyond the Court Room: Technology and Data Protection.”

Next on the activities is a Visit to Karu Orphanage home on Saturday 22nd of May, 2021. This is in line with the vision and mission of FIDA to vulnerable women and children.

To wrap up the law week, a Webinar on ICT and Law; Embracing the Challenges of the Pandemic will take place on Monday the  24th of May, 2021 by 12:00 pm.

The session promises to be great with the mind blowing and resourceful speakers involved.

Rhoda P. Tyoden Country Vice-President, FIDA Nigeria will be discussing “Keeping the Momentum on our vocation as FIDANs.” Chief Mrs V.O Awomolo, SAN, former Regional Vice-President, FIDA International will also speak on: “Career Opportunities for a female; accessing resources and visibility.”

Dr. Hauwa E. Shekarau Chairperson, NBA (Unity Bar) Abuja will speak on “Development sector and access to justice for women’s rights.” Ezinwa Okoroafor  Director, FIDA International will handle the topic “Rising above the global mental health pandemic as women,” while Hajiya Laraba Shuaibu a former Regional Vice-President, FIDA International will speak” on Female Lawyers and the public service; my journey and the benefits.”

SERAP asks el-Rufai to end attacks on workers, protesters

Socio-Economic Rights and Accountability Project (SERAP) has urged Kaduna State Governor, Nasir el-Rufai to “immediately end growing crackdown on workers and protesters in his state.”

In a statement, on Tuesday, signed by SERAP’s deputy director, Kolawole Oluwadare, the organisation said: “Governor, Nasir el-Rufai and Kaduna state authorities must end the harassment and intimidation of NLC leaders and withdraw the illegal statement declaring Mr Wabba and other NLC leaders ‘wanted’.

The statement read in part: “Kaduna authorities must respect the human rights of Nigerian workers, and ensure the safety and security of the leaders of Nigeria Labour Congress.

“Declaring NLC leaders ‘wanted’ simply for peacefully exercising their human rights is antithetical to the Nigerian Constitution of 1999 [as amended] and the country’s international obligations.

“Authorities ought to protect workers from attacks by thugs. Allowing thugs to disrupt peaceful protest by workers is illegal and unconstitutional.

“The government of President Muhammadu Buhari should investigate why the security forces stood by and watched as thugs disrupted and assaulted protesters-and take action against those who did so.

“Using thugs to attack peaceful protesters is a crime against humanity. Authorities need to find out who was responsible for the assaults and punish them appropriately.

“Kaduna State Governor, Nasir El-Rufai should immediately reinstate Kaduna State University lecturers and nurses unlawfully dismissed for allegedly joining the strike in the state.

“We’ll hold Governor Nasir El-Rufai and Kaduna authorities to account for the blatant violations of human rights.

“Governor Nasir El-Rufai should explain why he reportedly unlawfully sacked all nurses below grade level 14 in the state on the pretext that the nurses embarked on strike in solidarity with the NLC.

“We’ll see in court if the lecturers and nurses are not immediately reinstated.

“We urge the UN human rights special rapporteurs to put pressure on Governor Nasir El-Rufai and Kaduna state to immediately end brutal crackdown on peaceful protesters.” (theconclaveng)

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